Fikry, Sameh Adly (CPSO#: 92534)

Current Status: Active Member as of 16 Jul 2010

CPSO Registration Class: Restricted as of 26 Jan 2017

Indicates a concern or additional information

Summary

Former Name: No Former Name

Gender: Male

Languages Spoken: English, French

Education:University of Cairo, 1989

Practice Information

Primary Location of Practice
149 Union Street East
Waterloo ON  N2J 1C4
Phone: (519) 569-8500
Fax: (519) 569-8506
Electoral District: 03
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Additional Practice Location(s)

121 Charles St W
Kitchener ON  N2G 1H6
Canada
Phone: (519) 618-9260
Fax: 226-647-5788
County: Regional Municipality of Waterloo
Electoral District: 03
View Professional Corporation Information

Professional Corporation Information

Corporation Name: Sameh Fikry Medicine Professional Corporation

Certificate of Authorization Status: Issued Date:  Jan 31 2011

Shareholders:
Dr. S. Fikry ( CPSO# 92534 )
Dr. F. El Boreky ( CPSO# 90022 )

Business Address:
121 Charles Street West
Kitchener ON  N2G 1H6
Phone Number: (519) 618-9260

Business Address:
149 Union Street East
Waterloo ON  N2J 1C4
Phone Number: (519) 569-8500

Specialties

Specialty Issued On Type
Family Medicine Effective: 14 Jun 2010 CFPC Specialist

Registration History

Action Issue Date
First certificate of registration issued: Restricted certificate Effective: 25 Feb 2010
Terms and conditions imposed on certificate by Registration Committee Effective: 25 Feb 2010
Expiry date attached to certificate of registration. Expiry Date: 24 Feb 2013
Expired: Terms and conditions imposed on certificate by Registration Committee Effective: 16 Jul 2010
Subsequent certificate of registration Issued: Independent Practice Certificate Effective: 16 Jul 2010
Transfer of class of certificate to: Restricted certificate Effective: 26 Jan 2017
Terms and conditions imposed on certificate by member Effective: 26 Jan 2017

Pending Hearings

Summary: (December 7, 2016) Allegations of Dr. Fikry’s professional misconduct were referred to the Discipline Committee of the College. It is alleged that Dr. Fikry engaged in sexual abuse of and/or disgraceful, dishonourable, or unprofessional conduct towards Patient A, including by making inappropriate and/or sexual remarks during medical appointments, and by conducting examinations with inadequate draping or gowning. It is alleged that Dr. Fikry engaged in sexual abuse of and/or disgraceful, dishonourable, or unprofessional conduct towards Patient B, including by making inappropriate and/or sexual remarks during medical appointments, engaging in sexual intercourse and/or oral sex with Patient B, offering to prescribe narcotics and/or prescribing narcotics in exchange for sexual favours, and giving Patient B money, including to purchase narcotics.

Notice of Hearing: Download Full Notice (PDF)

Hearing Date(s): Motion date: November 14, 2017

Hearing Status: Adjourned

Practice Restrictions

Imposed By Effective Date Expiry Date Status  
member Effective: 26 Jan 2017 Active View Details [+]

            As from January 26, 2017, the following is imposed as a term, condition and
            limitation on the certificate of registration held by Dr. Sameh Adly Fikry, in
            accordance with an undertaking and consent given by Dr. Fikry to the College of
            Physicians and Surgeons of Ontario:

                               UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT 
                                            ("Undertaking")
                                                  of
                                         DR. SAMEH ADLY FIKRY
                                             ("Dr. Fikry")
                                                  to 
                             COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO
                                            (the "College")

            A.    PREAMBLE

            (1)   In this Undertaking:

                  "Code" means the Health Professions Procedural Code, which is Schedule 2
                  to the Regulated Health Professions Act, 1991, S.O. 1991, c. 18, as
                  amended; 
                  
                  "Discipline Committee" means the Discipline Committee of the College;
                  
                  "OHIP" means the Ontario Health Insurance Plan;
                  
                  "Public Register" means the College's register that is available to the
                  public. 
                  
            (2)   I, Dr. Fikry, certificate of registration number 92534, am a member of
                  the College.  

            (3)   I, Dr. Fikry, acknowledge that the College has referred to the Discipline
                  Committee, in the matter of College File Numbers 97855 and 99758,
                  allegations that I engaged in professional misconduct in that I engaged
                  in sexual abuse of a patient and in an act or omission relevant to the
                  practice of medicine that, having regard to all the circumstances, would
                  reasonably be regarded by members as disgraceful, dishonourable or
                  unprofessional. 

            (4)   I, Dr. Fikry, have read the Notice of Hearing dated December 7, 2016,
                  which sets out the allegations against me.  I am aware of the College's
                  concern about protecting the public and I understand the nature of the
                  allegations against me.

            (5)   I, Dr. Fikry, acknowledge that the College has accepted this Undertaking
                  in lieu of making an Order under section 37 of the Code.

            (6)   I, Dr. Fikry, acknowledge that this Undertaking continues in force until
                  the matters


                   currently referred are disposed of by a panel of the Discipline
                  Committee.
                  
            B.    UNDERTAKING AND ACKNOWLEDGEMENT

            (7)   I, Dr. Fikry, undertake to abide by the provisions of this Undertaking,
                  effective immediately. 

            (8)   Practice Restrictions

                  (a)   I, Dr. Fikry, undertake that I shall not engage in any professional
                        encounters, in person or otherwise ("Professional Encounter(s)"),
                        with female patients of any age, in any jurisdiction, unless the
                        Professional Encounter takes place in the presence of a monitor who
                        is a female regulated health professional acceptable to the College
                        (the "Practice Monitor"), and unless the other requirements
                        provided in this Undertaking are fulfilled. For further clarity, I
                        understand that I must not be alone with any female patient, for
                        any length of time, during any Professional Encounter, whether or
                        not the parent or guardian of the patient is also present. For
                        further clarity, I also understand that a "female patient" for the
                        purposes of this undertaking includes any female attending with
                        respect to undergoing an independent medical examination by me,
                        whether or not we have a doctor-patient relationship.
                  
                  (b)   I, Dr. Fikry, acknowledge that I have reviewed the Practice
                        Monitor's undertaking, attached hereto as Appendix "A" and
                        understand what is required of the Practice Monitor including, but
                        not limited to:
                  
                              1.    providing reports (as described in the Practice
                                    Monitor's 
                                    undertaking) to the College on at least a monthly
                                    basis; 
                  
                              2.    remaining present at all times during all Professional
                                    Encounters with all female patients; 
                  
                              3.    carefully observing all of my Professional Encounters
                                    with female patients, including but not limited to
                                    physical and internal examinations.  I further
                                    acknowledge my obligation to ensure the Practice
                                    Monitor's view of all of my Professional Encounters
                                    with female patients, including physical and internal
                                    examinations, is unobstructed at all times; 
                  
                              4.    refraining from performing any other functions, except
                                    those required in the Practice Monitor's undertaking
                                    attached as Appendix "A",  while she is observing me in
                                    all my Professional Encounters with female patients; 
                  
                              5.    maintaining a log of all Professional Encounters with
                                    female patients in the form attached to this
                                    Undertaking as Appendix "B" (the "Log");
                  
                              6.    entering a nursing note in all corresponding entries in
                                    the records of patients noted in the Log; and
                  
                              7.    submitting the original Log to the College on a monthly
                                    basis.
                  
                  (c)   I, Dr. Fikry, undertake to maintain my own copy of the Log at all
                        times, and to
                         make it available to the College upon request. 
                  
            (9)   I, Dr. Fikry, undertake to inform the College of each and every location
                  that I practise or have privileges including, but not limited to,
                  hospital(s), clinic(s) and office(s), in any jurisdiction (collectively
                  my "Practice Location(s)"), within five (5) days of executing this
                  Undertaking.  Going forward, I further undertake to inform the College of
                  any and all new Practice Locations within five (5) days of commencing
                  practice at that location.

            (10)  Posting a Sign

                  (a)   I, Dr. Fikry, undertake that, effective immediately, I shall post a
                        sign in my waiting room(s) and each of my examination and
                        consulting rooms, in all of my Practice Locations, in a clearly
                        visible and secure location, in the form set out in Appendix "C"
                        that states: "Dr. Fikry will not have professional encounters, in
                        person or otherwise, with  female patients, of any age, unless in
                        the presence of a female practice monitor acceptable to the College
                        of Physicians and Surgeons of Ontario.  Dr. Fikry will not be alone
                        during any professional encounter with any female patient. Further
                        information may be found on the College website at www.cpso.on.ca".
                  
                  (b)   I, Dr. Fikry, undertake to post a translation(s) in any language(s)
                        in which I provide services, of the sign described in section
                        (10)(a), in my waiting room(s) and each of my examination and/or
                        consulting rooms, in all of my Practice Locations, in a clearly
                        visible and secure location, in the form set out at Appendix "C."
                  
                  (c)   I, Dr. Fikry, undertake to ensure that the translation(s) referred
                        to in section 10(b) above is certified within thirty (30) days of
                        executing this Undertaking, and to provide the certified
                        translation(s) to the College within thirty (30) days of executing
                        this Undertaking.
                  
                  (d)   I, Dr. Fikry, undertake that if I elect, after the execution of
                        this Undertaking, to provide services in any other language(s), I
                        will notify the College prior to providing any such services.
                  
                  (e)   I, Dr. Fikry, undertake to provide to the College the certified
                        translation(s) described in section (10)(c) prior to providing
                        services in the language(s) described in section (10)(d).
                  
            (11)  Notifying Patients 

                  (a)   I, Dr. Fikry, undertake to ensure that each patient scheduled for
                        an appointment with me is directly notified, prior to the
                        appointment, of the details of the restriction described in section
                        (8)(a). 
                  
                  (b)   If the appointment referred to in section (11)(a) above is
                        scheduled to take place more than seven (7) days after the date on
                        which it is booked, I, Dr. Fikry, undertake to ensure that each
                        patient scheduled for an appointment with me is directly notified,
                        within seven (7) days after the appointment is scheduled, of the
                        details of the restriction described in section (8)(a).
                  
            (12)  I, Dr. Fikry, acknowledge and undertake that I shall be solely
                  responsible for payment of all fees, costs, charges, expenses, etc.
                  arising from the implementation of any of the provisions of this
                  Undertaking.

            (13)  I, Dr. Fikry, acknowledge that the College will provide this Undertaking
                  to any chief(s) of staff, or a colleague with similar responsibilities,
                  at any Practice Location ("Chief(s) of Staff").

            (14)  I, Dr. Fikry, acknowledge that a breach of any provision of this
                  Undertaking may constitute an act of professional misconduct and may
                  result in a referral of specified allegations to the Discipline
                  Committee.

            (15)  I, Dr. Fikry, acknowledge that I have read and understand the provisions
                  of this Undertaking, and that I have obtained independent legal counsel
                  in reviewing and executing this Undertaking, or have waived my right to
                  do so.

            (16)  In the event of an appeal of any order of the Discipline Committee, I,
                  Dr. Fikry, acknowledge that if the Discipline Committee has directed the
                  Registrar to revoke, suspend, or impose terms and conditions on my
                  certificate of registration, that order will take effect immediately
                  despite any appeal.

            (17)  I, Dr. Fikry, acknowledge that all appendices attached to or referred to
                  in this Undertaking form part of this Undertaking.

            (18)  I, Dr. Fikry, acknowledge that this Undertaking constitutes terms,
                  conditions, and limitations on my certificate of registration for the
                  purposes of section 23 of the Code. 

            (19)  Public Register

                  (a)   I, Dr. Fikry, acknowledge that, during the time period that this
                        Undertaking remains in effect, this Undertaking shall be posted on
                        the Public Register.
                  
                  (b)   I, Dr. Fikry, acknowledge that, in addition to this Undertaking
                        being posted in accordance with section (19)(a) above, the
                        following summary shall be posted on the Public Register during the
                        time period that this Undertaking remains in effect:
                  
                              Dr. Fikry is the subject of a referral to the Discipline
                              Committee into allegations that he engaged in professional
                              misconduct by engaging in sexual abuse of a patient and by
                              engaging in an act or omission relevant to the practice of
                              medicine that, having regard to all the circumstances, would
                              reasonably be regarded by members as disgraceful,
                              dishonourable or unprofessional. Pending a hearing before the
                              Discipline Committee regarding the allegations at issue, Dr.
                              Fikry has agreed that...:
                  
                              Dr. Fikry will not engage in any professional encounters, in
                              person or otherwise, with female patients of any age, in any
                              jurisdiction, unless the patient encounter takes place in the
                              presence of a monitor who is a female regulated health
                              professional acceptable to the College, and unless the other
                              requirements provided in his Undertaking with the College are
                              fulfilled.  For further clarity, Dr. Fikry will not be alone
                              with any female patient during any professional encounter.
                  
                              Dr. Fikry will post a sign in the waiting room(s) and in each
                              examination room and consulting room, in all his Practice
                              Locations, in a clearly visible and secure location, that
                              states: "Dr. Fikry will not have professional encounters, in
                              person or otherwise, with female patients of any age, unless
                              in the presence of a female practice monitor acceptable to
                              the College of Physicians and Surgeons of Ontario.  Dr. Fikry
                              will not be alone with any female patient during any
                              professional encounter. Further information may be found on
                              the College website at www.cpso.on.ca".
                  
            C.    CONSENT

            (20)  I, Dr. Fikry, give my irrevocable consent to the College to make
                  appropriate enquiries of OHIP and/or any person who or institution that
                  may have relevant information, in order for the College to monitor my
                  compliance with the provisions of this Undertaking.

            (21)  I, Dr. Fikry, acknowledge that I have executed the OHIP consent form,
                  attached hereto as Appendix "D".

            (22)  I, Dr. Fikry, consent to submit and not interfere with, unannounced
                  inspections of my Practice Location(s) and patient records by the College
                  and to any other activity the College deems necessary in order to monitor
                  my compliance with the provisions of this Undertaking.

            (23)  I, Dr. Fikry, give my irrevocable consent to the College to provide the
                  following information to all Practice Monitors:

                  (a)   any information the College has that led to the circumstances of my
                        entering into this Undertaking;
                  
                  (b)   any information arising from any investigation into, or assessment
                        of, my practice; and 
                  
                  (c)   any information arising from the monitoring of my compliance with
                        this Undertaking.
                  
            (24)  I, Dr. Fikry, give my irrevocable consent to all Practice Monitors to
                  disclose to the College, and to one another, any information:

                  (a)   relevant to this Undertaking;
                  
                  (b)   relevant to the provisions of the Practice Monitor's undertaking
                        set out at
                         Appendix "A"; and/or
                  
                  (c)   relevant for the purposes of monitoring my compliance with this
                        Undertaking.
                  
            (25)  I, Dr. Fikry, give my irrevocable consent to the College to provide all
                  Chief(s) of Staff with any information the College has that led to the
                  circumstances of my entering into this Undertaking and/or any information
                  arising from the monitoring of my compliance with this Undertaking.




Concerns

Source: Member
Active Date: January 26, 2017
Expiry Date:
Summary:
Summary of the Undertaking given by Dr. Sameh Adly Fikry to the College of Physicians and Surgeons of Ontario, effective January 26, 2017:

Dr. Fikry is the subject of a referral to the Discipline Committee into allegations that he engaged in professional misconduct by engaging in sexual abuse of a patient and by engaging in an act or omission relevant to the practice of medicine that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional. Pending a hearing before the Discipline Committee regarding the allegations at issue, Dr. Fikry has agreed that…:

Dr. Fikry will not engage in any professional encounters, in person or otherwise, with female patients of any age, in any jurisdiction, unless the patient encounter takes place in the presence of a monitor who is a female regulated health professional acceptable to the College, and unless the other requirements provided in his Undertaking with the College are fulfilled. For further clarity, Dr. Fikry will not be alone with any female patient during any professional encounter.

Dr. Fikry will post a sign in the waiting room(s) and in each examination room and consulting room, in all his Practice Locations, in a clearly visible and secure location, that states: “Dr. Fikry will not have professional encounters, in person or otherwise, with female patients of any age, unless in the presence of a female practice monitor acceptable to the College of Physicians and Surgeons of Ontario. Dr. Fikry will not be alone with any female patient during any professional encounter. Further information may be found on the College website at www.cpso.on.ca”.