As from May 7, 2020, the following are imposed as terms, conditions and
limitations on the certificate of registration held by Dr. Francis Li in
accordance with an undertaking and consent given by Dr. Li to the College of
Physicians and Surgeons of Ontario:
UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT
("Undertaking")
of
DR. FRANCIS LI
("Dr. Li")
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. Li, certificate of registration number 61146, am a member of the
College.
(3) I, Dr. Li, confirm that I am not a Panel Physician with Immigration,
Refugees and Citizenship Canada and as such I am not authorized to
perform immigration medical examinations.
(4) I, Dr. Li, acknowledge that the College conducted investigations bearing
File Number 100277, 101874, 102042, 103288, 1104420, 1105113 and 7215698
(the "Investigations") into whether I engaged in professional misconduct
and/or am incompetent in my general medicine practice.
B. UNDERTAKING
(5) I, Dr. Li, undertake to abide by the provisions of this Undertaking,
effective immediately ("Effective Date").
(6) Practice Restrictions
(a) I, Dr. Li, undertake that I will not apply or re-apply for
designation as a Panel Physician with Immigration, Refugees and
Citizenship Canada.
(b) I, Dr. Li, undertake that I shall not perform, grade or submit any
immigration medical examinations for Immigration, Refugees and
Citizenship Canada or otherwise. For greater clarity, I will not
perform any immigration medical examinations for any purpose.
(c) I, Dr. Li, undertake that I shall not engage in any professional
encounters, in person or otherwise ("Professional Encounter" or
"Professional Encounters"), with patients of any age, in any
jurisdiction, unless the Professional Encounter takes place in the
continuous presence and under the continuous observation of a
monitor who is a regulated health professional acceptable to the
College (the "Practice Monitor" or "Practice Monitors"), and unless
the other requirements provided in this Undertaking are fulfilled.
For further clarity, I understand that I must not be alone with any
patient, for any length of time, during any Professional Encounter,
whether or not the parent or guardian of the patient is also
present. Monitoring, as described in this section, shall continue
for a period of two (2) years from the Effective Date.
(d) I, Dr. Li, 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, in person or otherwise, with all patients;
3. carefully observing all of my Professional Encounters with
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 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 observing me in all my Professional
Encounters with patients;
5. maintaining a log of all Professional Encounters with
patients in the form attached to this Undertaking as Appendix
"B" (the "Log") and in the manner described in Appendix "A";
6. initialing 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.
(e) I, Dr. Li, undertake to maintain an up to date copy of the Log by
ensuring a copy is made at the end of each business day, and to
make it available to the College upon request.
(7) I, Dr. Li, undertake to inform the College of each and every location at
which I practise or have privileges, including, but not limited to, any
hospitals, clinics, offices, and any Independent Health Facilities with
which I am affiliated, in any jurisdiction (collectively my "Practice
Location" or "Practice Locations"), 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.
(8) Posting a Sign
(a) I, Dr. Li, undertake that I shall post a sign in all waiting rooms,
examination rooms 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. Li shall not have any
professional encounters, in person or otherwise, with patients, of
any age, unless in the continuous presence and under the continuous
observation of a practice monitor acceptable to the College of
Physicians and Surgeons of Ontario. For further clarity, Dr. Li
shall not be alone during any professional encounter with any
patient. Further information may be found on the College website at
www.cpso.on.ca".
(b) I, Dr. Li, undertake to post a certified translation in any
language in which I provide services, of the sign described in
section (8)(a), in all waiting rooms, examination rooms and
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. Li, undertake to provide the certified translation described
in section (8)(b), to the College within thirty (30) days of
executing this Undertaking.
(d) I, Dr. Li, undertake that if I elect, after the execution of this
Undertaking, to provide services in any other language, I will
notify the College prior to providing any such services.
(e) I, Dr. Li, undertake to provide to the College the certified
translation described in section (8)(b) prior to beginning to
provide services in any language described in section (8)(d).
(9) Professional Education
(a) I, Dr. Li, undertake to participate in and successfully complete
all aspects of the detailed Individualized Education Plan ("IEP"),
attached hereto as Appendix "D", including all of the following
professional education (the "Professional Education"):
1. The Clinical Communications Program offered by SAEGIS (6
months duration); and
2. Individualized (one-on-one) instruction on professional
communication satisfactory to the College, with an instructor
selected by the College, as set out in Appendix "D".
(b) I, Dr. Li, undertake to provide proof to the College of my
successful completion of the Professional Education, including
proof of registration and attendance and participant assessment
reports, within one (1) month of completing it. I acknowledge that
the College will determine, in its sole discretion, whether I have
successfully completed the Professional Education.
(c) I, Dr. Li, undertake to complete this requirement by one (1) year,
if no satisfactory program is available by that time, by the first
possible opportunity thereafter.
(d) I, Dr. Li, acknowledge that a report or reports may be provided to
the College regarding my progress and compliance with the
Professional Education.
C. ACKNOWLEDGEMENT
(10) I, Dr. Li, acknowledge that all appendices attached to or referred to in
this Undertaking form part of this Undertaking.
(11) I, Dr. Li, 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.
(12) I, Dr. Li, 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.
(13) I, Dr. Li, acknowledge that the College will provide this Undertaking to
any Chief of Staff, or a colleague with similar responsibilities, at any
Practice Location ("Chief of Staff" or "Chiefs of Staff").
(14) I, Dr. Li, 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. Li, acknowledge that this Undertaking constitutes terms,
conditions, and limitations on my certificate of registration for the
purposes of section 23 of the Code.
(16) Public Register
(a) I, Dr. Li, acknowledge that, during the time period that this
Undertaking remains in effect, this Undertaking shall be posted on
the Public Register.
(b) I, Dr. Li, acknowledge that, in addition to this Undertaking being
posted in accordance with section (16)(a) above, the following
summary shall be posted on the Public Register during the time
period that this Undertaking remains in effect:
The College conducted Investigations into whether Dr. Li
engaged in professional misconduct and/or is incompetent in
his general medicine practice. As a result of the
investigations:
Dr. Li will not apply or re-apply for designation as a
Panel Physician with Immigration, Refugees and
Citizenship Canada.
Dr. Li will not perform, grade, or submit any
immigration medical examinations for Immigration,
Refugees and Citizenship Canada or otherwise. For
greater clarity, Dr. Li will not perform any
immigration medical examinations for any purpose.
D. CONSENT
(17) I, Dr. Li, 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.
(18) I, Dr. Li, acknowledge that I have executed the OHIP consent form,
attached hereto as Appendix "E".
(19) I, Dr. Li, consent to submit and not interfere with, unannounced
inspections of my Practice Locations and to the inspection of patient
charts by the College and to any other activity the College deems
necessary in order to monitor my compliance with the provisions of this
Undertaking.
(20) I, Dr. Li, 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.
(21) I, Dr. Li, give my irrevocable consent to all Practice Monitors to
disclose to the College, and to one another, any of the following:
(a) any information relevant to this Undertaking;
(b) any information relevant to the provisions of the Practice
Monitor's undertaking set out at Appendix "A";
(c) any information relevant for the purposes of monitoring my
compliance with this Undertaking.
(22) I, Dr. Li, give my irrevocable consent to the College to provide all
Chiefs 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.