(1 of 2) As from March 29, 2020, the following are imposed as terms, conditions
and limitations on the certificate of registration held by Dr. Kham Quang Tran
in accordance with an undertaking and consent given by Dr. Tran to the College
of Physicians and Surgeons of Ontario:
UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT
("Undertaking")
of
DR. KHAM QUANG TRAN
("Dr. Tran")
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;
"ICR Committee" 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. Tran, certificate of registration number 64379, am a member of the
College.
(3) I, Dr. Tran, acknowledge that following a report that raised concerns
about my standard of practice in internal medicine and respirology, I
underwent remediation and submitted to an assessment of my practice. The
assessment report subsequently received by the College raised concerns
about my respirology practice.
(4) I, Dr. Tran acknowledge that my respirology practice is limited to
Accucare Medical Centre, 520 Ellesmere Road, Scarborough.
(5) I, Dr. Tran acknowledge that due to COVID-19, Accucare is currently
closed and I am therefore not practicing respirology.
B. UNDERTAKING
(6) I, Dr. Tran, undertake to abide by the provisions of this Undertaking,
effective immediately.
(7) I, Dr. Tran undertake to notify the College within 5 days of resuming my
respirology practice at Accucare or at any other practice location.
(8) Clinical Supervision
(a) Upon resuming my respirology practice, I, Dr. Tran, undertake to
practise under the guidance of a clinical supervisor or clinical
supervisors acceptable to the College (the "Clinical Supervisor" or
"Clinical Supervisors"), for at least three (3) months ("Clinical
Supervision").
(b) I, Dr. Tran, acknowledge that I have reviewed the Clinical
Supervisor's undertaking, attached hereto as Appendix "A", and
understand what is required of the Clinical Supervisor. The
Clinical Supervisor will, at minimum:
(i) Facilitate the education program set out in the
Individualized Education Plan ("IEP"), attached hereto as
Appendix "B";
(ii) Review the materials provided by the College and have an
initial meeting to discuss the objectives for the Clinical
Supervision and practice improvement recommendations;
(iii) Meet with me at my Practice Location, or another location
approved by the College, once every month;
(iv) Review at least fifteen (15) of my patient charts at every
meeting;
(v) Discuss any concerns arising from the chart reviews;
(vi) Make recommendations to me for practice improvements and
ongoing professional development and inquire into my
compliance with the recommendations;
(vii) Perform any other duties, such as reviewing other documents
or conducting interviews with staff or colleagues, that the
Clinical Supervisor deems necessary to my Clinical
Supervision; and
(viii)Submit a written report to the College at the end of three
(3) months, or more frequently if the Clinical Supervisor has
concerns about my standard of practice.
(c) I, Dr. Tran, acknowledge that the charts reviewed shall be selected
by the Clinical Supervisor based on the educational needs
identified in the IEP, attached hereto as Appendix "B", as well as
the areas of concern identified in the report of the assessor
dated October 3, 2019, and concerns that may arise during the
period of Clinical Supervision.
(d) I, Dr. Tran, undertake to cooperate fully with the Clinical
Supervision of my practice, conducted under the term of this
Undertaking and Appendix "A" to this Undertaking, and to abide by
the recommendations of my Clinical Supervisor, including but not
limited to, any recommended practice improvements and ongoing
professional development.
(e) I, Dr. Tran, undertake to ensure that Appendix "A" to this
Undertaking is signed and delivered to the College within thirty
(30) days of the date I resume my respirology practice.
(f) I, Dr. Tran, undertake that if a person who has given an
undertaking in Appendix "A" to this Undertaking is unable or
unwilling to continue to fulfill its provisions, 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.
(g) I, Dr. Tran, undertake that if I am unable to obtain a Clinical
Supervisor on the provisions set out under sections (8)(e) and/or
(f) above, I will cease practising respirology medicine until such
time as I have obtained a Clinical Supervisor acceptable to the
College.
(h) I, Dr. Tran, acknowledge that if I am required to cease respirology
medicine practise as a result of section (8)(g) above this will
constitute a term, condition or limitation on my certificate of
registration and that term, condition or limitation will be
included on the public register.
(9) Professional Education
(a) I, Dr. Tran, undertake to participate in and successfully complete
all aspects of the detailed IEP, attached hereto as Appendix "B",
including all of the following professional education (the
"Professional Education"):
(i) Self-study on:
1. the counselling, documentation and follow up of
patients with sleep apnea; and
2. teaching around inhalers and the development of action
plans for patients with asthma and/or COPD; and
(ii) any additional professional education recommended by my
Clinical Supervisor.
(b) I acknowledge that the College will determine, in its sole
discretion, whether I have successfully completed the Professional
Education.
(c) I, Dr. Tran, undertake to complete this requirement within three
(3) months.
(d) I, Dr. Tran, acknowledge that a report or reports may be provided
to the College regarding my progress and compliance with the
Professional Education.
(10) Reassessment of Practice
(a) I, Dr. Tran, undertake that, approximately three (3) months after
the completion of the Clinical Supervision set out in section (8)
above and Appendix "A" to this Undertaking, and the completion of
the Professional Education set out in section (9) above, I will
submit to a reassessment of my practice ("the Reassessment") by an
assessor or assessors selected by the College (the "Assessor" or
"Assessors"). I acknowledge that the Reassessment may include a
chart review of a minimum of fifteen (15) charts, direct
observation of my care, interviews with me, colleagues and
co-workers, feedback from patients, and any other tools deemed
necessary by the College.
(b) I, Dr. Tran, undertake to co-operate fully with the Reassessment,
conducted under the term of this Undertaking.
(c) I, Dr. Tran, acknowledge that my Clinical Supervisor may receive
and review the findings of the Assessor, and may discuss with the
Assessor any issues or concerns arising from the Reassessment.
(d) I, Dr. Tran, acknowledge that the results of the Reassessment will
be provided to me and reported to the College and the Reassessment
may form the basis of further action by the College.
(11) Monitoring
(a) I, Dr. Tran, 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.
(b) I, Dr. Tran, undertake that I will submit to, and not interfere
with, unannounced inspections of my Practice Locations and patient
records by a College representative for the purposes of monitoring
my compliance with the provisions of this Undertaking.
(c) I, Dr. Tran, 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) I, Dr. Tran, acknowledge that I have executed the OHIP consent
form, attached hereto as Appendix "C".
C. ACKNOWLEDGEMENT
(12) I, Dr. Tran, acknowledge that all appendices attached to or referred to
in this Undertaking form part of this Undertaking.
(13) I, Dr. Tran, 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. Tran, 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. Tran, 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").
(16) I, Dr. Tran, 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 of the College.
(17) I, Dr. Tran, acknowledge that this Undertaking constitutes terms,
conditions, and limitations on my certificate of registration for the
purposes of section 23 of the Code.
(18) Public Register
(a) I, Dr. Tran, acknowledge that, during the time period that this
Undertaking remains in effect, this Undertaking shall be posted on
the Public Register.
(b) I, Dr. Tran, acknowledge that, in addition to this Undertaking
being posted in accordance with section (18)(a) above, the
following summary shall be posted on the Public Register during the
time period that this Undertaking remains in effect:
Following a report which raised concerns about Dr. Tran's internal
medicine and respirology practice, he underwent remediation and an
assessment of his practice. The assessment report raised concerns
about his standard of practice in respirology. As a result:
Dr. Tran will practise under the guidance of a Clinical
Supervisor acceptable to the College for 3 months.
Dr. Tran will engage in professional education, including in
the treatment of patients with sleep apnea, and the use of
inhalers for patients with asthma and/or COPD.
Dr. Tran's respirology practice will be reassessed by an
assessor selected by the College 3 months after the
completion of supervision and professional education.
(c) I, Dr. Tran, acknowledge that this Undertaking remains in effect
until the College determines its terms are satisfied.
D. CONSENT
(19) I, Dr. Tran, 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 completion of the Professional Education and
to all Clinical Supervisors, and/or Assessors:
(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.
(20) I, Dr. Tran, 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.
(21) I, Dr. Tran, give my irrevocable consent to any persons who facilitate my
completion of the Professional Education, and to all Clinical
Supervisors, Chiefs of Staff and Assessors, 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 Clinical
Supervisor's undertaking set out at Appendix "A" to this
Undertaking;
(c) any information relevant to the Reassessment;
(d) any information relevant for the purposes of monitoring my
compliance with this Undertaking; and/or
(e) any information which comes to their attention in the course of
providing the Professional Education and which they reasonably
believe indicates a potential risk of harm to my patients.
(2 of 2) As from May 29, 2019, the following are imposed as terms, conditions
and limitations on the certificate of registration held by Dr. Kham Quang Tran,
in accordance with an undertaking and consent given by Dr. Tran to the College
of Physicians and Surgeons of Ontario:
UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT
("Undertaking")
of
DR. KHAM QUANG TRAN
("Dr. Tran")
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;
"ICR Committee" means the Inquiries, Complaints and Reports Committee of
the College;
"NMS" means the Drug Program Services Branch, the Narcotics Monitoring
System implemented under the Narcotics Safety and Awareness Act, 2010;
"OHIP" means the Ontario Health Insurance Plan;
"Public Register" means the College's register that is available to the
public.
(2) I, Dr. Tran, certificate of registration number 64379, am a member of the
College.
(3) I, Dr. Tran, acknowledge that the College conducted an investigation
bearing File Number 7216010 (the "Investigation") into whether I engaged
in professional misconduct and/or am incompetent in my General Internal
Medicine practice, including my Emergency Medicine practice.
(4) I, Dr. Tran, acknowledge that, if an original copy of this Undertaking as
signed by me is accepted by the ICR Committee, the College will also
deliver a caution in person.
B. UNDERTAKING
(5) I, Dr. Tran, undertake to abide by the provisions of this Undertaking,
effective upon the date this Undertaking is approved by the ICR Committee
("Effective Date").
(6) Practice Restriction
(a) I, Dr. Tran , undertake that I will restrict my practice to
ambulatory or office-based internal medicine and/or respirology.
For further clarity, I undertake that I will not engage in any
hospital-based internal medicine or respirology practice.
(b) I, Dr. Tran, undertake that should I wish to return to
hospital-based internal medicine or respirology, I will ensure that
each and every one of the following conditions have been met:
(i) I provide a minimum of forty-five (45) days' notice to the
College of my intent to return to hospital-based internal
medicine or respirology;
(ii) The ICR Committee approves my return to hospital-based
internal medicine or respirology practice.
(c) I, Dr. Tran, acknowledge that in considering my request to return
to hospital-based internal medicine or respirology, the ICR
Committee may, among other things:
(i) request that I agree to specified terms, limitations or
conditions being placed upon my certificate of registration;
(ii) require that I engage in a remediation plan approved by the
College which may include high level supervision in which I
am not the Most Responsible Physician; and
(iii) request that I enter into an appropriate assessment and/or
monitoring agreement with the College.
(7) Professional Education
(a) I, Dr. Tran, undertake to participate in and successfully complete
all aspects of the detailed IEP, attached hereto as Appendix "A",
including all of the following professional education (the
"Professional Education"):
(i) University of Toronto's Medical Record-Keeping Course;
(ii) A review and written summary of the following College
policies:
1. Medical Records; and
2. Physician Behaviour in the Professional Environment.
(iii) PROBE: Ethics and Boundaries Program, by receiving a passing
evaluation or grade, without any condition or qualification.
I, Dr. Tran, will agree to abide by any recommendations of
the PROBE program.
(b) I, Dr. Tran, 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. Tran, undertake to complete this requirement within four (4)
months of the Effective Date or, if no satisfactory program is
available by that time, by the first possible opportunity
thereafter.
(d) I, Dr. Tran, acknowledge that a report or reports may be provided
to the College regarding my progress and compliance with the
Professional Education.
(8) Assessment of Ambulatory/Office-based Practice
(a) I, Dr. Tran, undertake to undergo an immediate assessment of my
current ambulatory and office-based internal medicine and
respirology practice by an assessor or assessors selected by the
College (the "Assessor" or "Assessors"). I acknowledge that the
assessment shall include a chart review of a minimum of 25 charts
and an interview with me, and may include direct observation of my
care, interviews with colleagues and co-workers and any other tools
deemed necessary by the College.
(b) I, Dr. Tran, undertake to co-operate fully with the assessment,
conducted under the term of this Undertaking.
(c) I, Dr. Tran, acknowledge that the results of the assessment will be
provided to me and reported to the College and the assessment may
form the basis of further action by the College.
(9) Monitoring
(a) I, Dr. Tran, 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.
(b) I, Dr. Tran, undertake that I will submit to, and not interfere
with, unannounced inspections of my Practice Locations and patient
records by a College representative for the purposes of monitoring
my compliance with the provisions of this Undertaking.
(c) I, Dr. Tran, give my irrevocable consent to the College to make
appropriate enquiries of OHIP, NMS 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) I, Dr. Tran, acknowledge that I have executed the OHIP and NMS
consent forms, attached hereto as Appendix "B" and Appendix "C",
respectively.
C. ACKNOWLEDGEMENT
(10) I, Dr. Tran, acknowledge that all appendices attached to or referred to
in this Undertaking form part of this Undertaking.
(11) I, Dr. Tran, 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. Tran, 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. Tran, 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. Tran, 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 of the College.
(15) I, Dr. Tran, 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. Tran, acknowledge that, during the time period that this
Undertaking remains in effect, this Undertaking shall be posted on
the Public Register.
(b) I, Dr. Tran, 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. Tran
engaged in professional misconduct and/or is incompetent in
his General Internal Medicine practice, including his
Emergency Medicine practice. As a result of the
investigation:
Dr. Tran's practice will be restricted to internal
medicine or respirology in an ambulatory or
office-based setting. He will not engage in any
hospital-based internal medicine or respirology
practice until certain conditions are met.
Dr. Tran will engage in professional education in
medical record-keeping, professionalism and ethics.
Dr. Tran's ambulatory and office-based internal
medicine and respirology practice will be assessed by
an assessor selected by the College.
D. CONSENT
(17) I, Dr. Tran, 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 completion of the Professional Education and
to all Assessors:
(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.
(18) I, Dr. Tran, 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.
(19) I, Dr. Tran, give my irrevocable consent to any persons who facilitate my
completion of the Professional Education, and to all Chiefs of Staff and
Assessors, 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 Reassessment;
(c) any information relevant for the purposes of monitoring my
compliance with this Undertaking; and/or
(d) any information which comes to their attention in the course of
providing the Professional Education and which they reasonably
believes indicates a potential risk of harm to my patients.