As from February 1, 2018, the following is imposed as a term, condition and
limitation on the certificate of registration held by Dr. Joseph Park, in
accordance with an undertaking and consent given by Dr. Park to the College of
Physicians and Surgeons of Ontario:
UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT
("Undertaking")
of
DR. JOSEPH PARK
("Dr. Park")
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;
"ICRC" means the Inquiries, Complaints, and Reports 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. Park, certificate of registration number 58816, am a member of the
College. The College has received information regarding my standard of
practice.
(3) I, Dr. Park, acknowledge that the College initiated an investigation
bearing File Number 7215756 (the "Investigation") into whether I engaged
in professional misconduct and/or am incompetent in my anaesthesiology
practice.
(4) I, Dr. Park, acknowledge that currently practice only at Hamilton Health
Sciences, the Michael G. DeGroote Pain Clinic, The Hamilton Clinic, and
my own office at 200 James St. S. in Hamilton, Ontario (collectively, my
"Practice Locations")
(5) I, Dr. Park, acknowledge that I do not practice or have privileges at any
practice location, including but not limited to, any hospitals, clinics,
offices, and out-of-hospital premises, in any jurisdiction other than
those listed in paragraph (4).
(6) I, Dr. Park, acknowledge that Hamilton Health Sciences has restricted my
hospital privileges, in accordance with the terms set out in the letter
from Dr. Susan O'Leary to the College, dated February 23, 2016.
B. UNDERTAKING
(7) I, Dr. Park, undertake to abide by the provisions of this Undertaking,
effective immediately.
(8) Practice Restrictions
(a) I, Dr. Park, undertake that I shall restrict my clinical
anaesthesiology practice to:
i. scheduled surgeries or unscheduled, non-emergent surgeries
for patients classified as ASA 1, 2, or 3, in operating rooms
at hospitals in which I have privileges, excluding:
(i) urgent and emergent cases;
(ii) cardiac, neuro-surgical, vascular and obstetric cases;
and
ii. academic settings only.
(b) For greater certainty, these restrictions do not apply to my acute
and chronic pain management practice.
(9) Reports from Chief(s) of Staff
(a) I, Dr. Park, undertake to ensure that the Chief of Anesthesia
provides reports to the College in accordance with the undertaking
attached hereto as Appendix "A". I have reviewed this undertaking
and understand what is required of the Chief of Anesthesia, which
includes, without limiting the generality of the foregoing:
i. written reports to the College every three months;
ii. such reports to include information regarding my clinical
performance, behaviour, conduct, communications and
professionalism;
iii. immediate reporting to the College if he or she has any
concerns about my clinical performance, behaviour, conduct,
communications and professionalism; including that I am not
in compliance with my Undertaking.
(b) I, Dr. Park, undertake to ensure that Appendix "A" to this
Undertaking is signed and delivered to the College within thirty
(30) days of the date that I execute this undertaking.
(c) I, Dr. Park, undertake that if any person who has given an
undertaking in the form attached as Appendix "A" to this
undertaking is unable or unwilling to continue to fulfill its
terms, I shall, within twenty (20) days of receiving notice of
same, obtain an executed undertaking in the same form from a
similarly qualified person who is acceptable to the College and
ensure that it is delivered to the College within that time.
(10) Monitoring
(a) I, Dr. Park, undertake that should I seek privileges to practice at
any other Practice Location, I shall advise the College within five
(5) days of making such application, and shall apply at least
fourteen (14) days before I plan to practice at that location. I
will not practice at any Practice Location (other than those listed
in paragraph (4) above) without prior approval of the College.
(b) I, Dr. Park, undertake to ensure that the Chief of Staff, or a
colleague with similar responsibilities approved by the College, at
any Practice Location where I practice ("Chief(s) of Staff") is
made aware of the terms of this Undertaking and acknowledges to the
College in writing that he or she has been made so aware.
(c) I, Dr. Park, undertake that I will submit to, and not interfere
with, unannounced inspections of my Practice Locations and patient
charts by a College representative for the purposes of monitoring
my compliance with the provisions of this Undertaking.
(11) Variance
(a) I, Dr. Park, undertake and agree that if I intend to vary the terms
of this undertaking, I shall provide at least 60 days' notice to
the College of my intention and shall seek formal approval of the
ICRC to do so.
(b) I, Dr. Park, undertake that should I seek to vary this undertaking,
including to remove the practice restrictions set out above, I
shall engage in an appropriate education and remediation program
acceptable to the College.
(c) I, Dr. Park, acknowledge that in considering my request, the ICRC
may, among other things:
i. request that I agree to specified terms, limitations or conditions
being placed upon my certificate of registration, including that I
may not be the Most Responsible Physician; and
ii. request that I enter into an appropriate assessment and/or
monitoring or supervision agreement with the College.
C. ACKNOWLEDGEMENT
(12) I, Dr. Park, acknowledge that all appendices attached to or referred to
in this Undertaking form part of this Undertaking.
(13) I, Dr. Park, 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.
(14) I, Dr. Park, 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.
(15) I, Dr. Park, acknowledge that a breach by me of any provision of this
Undertaking may constitute an act of professional misconduct and/or
incompetence, and may result in a referral of specified allegations to
the Discipline Committee.
(16) I, Dr. Park, acknowledge that this Undertaking constitutes terms,
conditions, and limitations on my certificate of registration for the
purposes of section 23 of the Code.
(17) Public Register
(a) I, Dr. Park, acknowledge that, during the time period that this
Undertaking remains in effect, this Undertaking shall be posted on
the Public Register.
(b) I, Dr. Park, acknowledge that, in addition to this Undertaking
being posted in accordance with section (17)(a) above, the
following summary shall be posted on the Public Register during the
time period that this Undertaking remains in effect:
A College investigation was conducted into whether Dr. Park
failed to maintain the standard of practice of the profession
in his anaesthesiology practice. As a result of the
investigation:
* Dr. Park shall limit his clinical anaesthesiology
practice to scheduled surgeries and non-emergent,
unscheduled surgeries, excluding urgent and emergent,
cardiac, neuro-surgical, vascular and obstetric cases;
* Dr. Park shall limit his clinical anaesthesiology
practice to academic settings;
* Dr. Park shall ensure the College receives quarterly
reports from Dr. Park's workplace.
D. CONSENT
(18) I, Dr. Park, give my irrevocable consent to the College to provide the
following information to any person who requires this information for the
purposes of facilitating my compliance with this Undertaking:
(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, conduct, care or capacity; and/or
(c) any information arising from the monitoring of my compliance with
this Undertaking.
(19) I, Dr. Park, give my irrevocable consent to the College to provide this
Undertaking to any Chief(s) of Staff, or a colleague with similar
responsibilities approved by the College, at any hospital or Practice
Location where I practice or have privileges ("Chief(s) of Staff"), and
to provide said 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.
(20) I, Dr. Park, 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. Park, acknowledge that I have executed the OHIP consent form,
attached hereto
as Appendix "B".