As from September 19, 2019, the following terms, conditions and limitations are
imposed on the certificate of registration held by Dr. Muriel Phyllis Roach, in
accordance with an undertaking and consent Dr. Roach has given to the College
of Physicians and Surgeons of Ontario:
UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT
("Undertaking")
of
DR. MURIEL PHYLLIS ROACH
("Dr. Roach")
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;
"OHIP" means the Ontario Health Insurance Plan;
"Public Register" means the College's register that is available to the
public;
"QAC" means the Quality Assurance Committee of the College.
(2) I, Dr. Roach, certificate of registration number 29903, am a member of
the College. I acknowledge that concerns have been identified with
respect to my knowledge, skill and judgment. I am aware of the College's
concern about protecting the public.
(3) I, Dr. Roach, acknowledge that I entered into an Undertaking with the
College dated May 24, 2019 (the "May 2019 Undertaking"). Once signed,
this Undertaking replaces the May 2019 Undertaking and the May 2019
Undertaking is no longer in effect.
B. UNDERTAKING
(4) I, Dr. Roach, undertake to abide by the provisions of this Undertaking,
effective
immediately.
(5) I, Dr. Roach, undertake that I will not practise medicine, with the
exception of practicing as a surgical or operating room assistant, in
any jurisdiction until each and every one of the following conditions
have been met:
(a) I provide a minimum of forty-five (45) days' notice to the College
of my intent to return to the practice of medicine;
(b) I provide the College with proof that I am participating in a
program of continuing professional development that meets the
requirements for continuing professional development of the Royal
College of Physicians and Surgeons of Canada, the College of Family
Physicians of Canada, or an organization that has been approved by
the College for that purpose that meets the requirements for
continuing professional development set by the Royal College of
Physicians and Surgeons of Canada or the College of Family
Physicians of Canada; and
(c) The College approves my return to the practice of medicine with the
exception of practicing as a surgical or operating room assistant.
(6) I, Dr. Roach, acknowledge that upon my return to the practice of medicine
with the exception of practicing as a surgical or operating room
assistant, at minimum, the QAC will consider the results of my 2018 Peer
Review and will direct whether based upon my desired area or practice,
any specific remediation will be required.
C. COMPLIANCE AND MONITORING
(7) I, Dr. Roach, undertake to inform the College of each and every location
that 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) I, Dr. Roach, undertake that I will submit to, and not interfere with,
unannounced inspections of my Practice Locations by a College
representative for the purposes of monitoring my compliance with the
provisions of this Undertaking.
(9) I, Dr. Roach, acknowledge that I have executed the OHIP consent form,
attached hereto as Appendix "A".
(9) I, Dr. Roach, 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.
D. ACKNOWLEDGEMENTS
(10) I, Dr. Roach, acknowledge that all appendices attached to or referred to
in this Undertaking form part of this Undertaking.
(11) I, Dr. Roach, acknowledge that in considering my request to return to
practise with the exception of practicing as a surgical or operating room
assistant, the College may, among other things:
(a) request that I agree to specified terms, conditions or limitations
being placed upon my certificate of registration; and
(b) request that I enter into an appropriate assessment and/or
monitoring agreement with the College.
(12) I, Dr. Roach, 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. Roach, acknowledge that the College will provide this Undertaking
to the Chief of Staff, or a colleague with similar responsibilities, at
every Practice Location ("Chief of Staff" or "Chiefs of Staff").
(14) I, Dr. Roach, 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. Roach, 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 any one or more of the following:
consideration by the QAC, an investigation by the College, or further
action by the College, including a referral of specified allegations to
the Discipline Committee.
(16) I, Dr. Roach, 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. Roach, acknowledge that, during the time period that this
Undertaking remains in effect, this Undertaking shall be posted on
the Public Register.
(b) I, Dr. Roach, 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:
Dr. Roach has voluntarily ceased to practise medicine in all
jurisdictions with the exception of practicing as a surgical or
operating room assistant.
E. CONSENT
(18) I, Dr. Roach, give my irrevocable consent to the College to provide all
Chiefs of Staff
with any information arising from the monitoring of my compliance with
this Undertaking.
(19) I, Dr. Roach, give my irrevocable consent to Chief of Staff to disclose
to the College, and to one another, all information relevant to this
Undertaking and/or relevant for the purposes of monitoring my compliance
with this Undertaking