THE FOLLOWING INFORMATION WAS OBTAINED FROM THE FIND A DOCTOR SECTION OF THE WEBSITE OF THE COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO WWW.CPSO.ON.CA

Date: 23/06/2018 11:42:36 AM

Guirguis, Emad Samir Luka (CPSO#: 86179)

Current Status: Active Member as of 29 May 2007

CPSO Registration Class: Restricted as of 03 Feb 2017

Indicates a concern or additional information

Summary

Former Name: No Former Name

Gender: Male

Languages Spoken: Arabic, English

Education:Asyut University, 1987

Practice Information

Primary Location of Practice
UNIT 104
5 BRISDALE DR.
Brampton ON  L7A 0S9
Phone: 905-929-5000
Fax: 905-840-5555
Electoral District: 05

Medical Records Location

Address: oakvillemedicalclinic@yahoo.ca
Instructions: Please email requests for copies of medical records to the email above.
Date Received: 07 May 2018

Specialties

Specialty Issued On Type
Family Medicine Effective: 06 Dec 2006 CFPC Specialist

Registration History

Action Issue Date
First certificate of registration issued: Independent Practice Certificate Effective: 29 May 2007
Transfer of class of certificate to: Restricted certificate Effective: 03 Feb 2017
Terms and conditions amended by member Effective: 19 Mar 2017

Practice Restrictions

Imposed By Effective Date Expiry Date Status  
member Effective: 19 Mar 2017 Active View Details [+]
            As from March 19, 2017, the following is imposed as a term, condition and
            limitation on the certificate of registration held by Dr Emad Samir Luka
            Guirguis, in accordance with an undertaking and consent given by Dr. Guirguis
            to the College of Physicians and Surgeons of Ontario:

                  UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT 
                                          ("Undertaking")
                  
                                                of
                  
                        DR. EMAD SAMIR LUKA GUIRGUIS ("Dr. Guirguis")
                  
                                                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;
                  
                  "NMS"  means  the  Drug  Program  Services  Branch,  the  Narcotics
                  Monitoring
                  System implemented under the Narcotics Safety and Awareness Act, 2010,
                  S.O.
                  2010, c. 22, as amended;
                  
                  "OHIP" means the Ontario Health Insurance Plan;
                  
                  "Public Register" means the College's register that is available to the
                  public.
                  
                  
            (2)   I, Dr. Guirguis, certificate of registration number 86179, am a member of
                  the College.

            (3)   I, Dr. Guirguis, acknowledge that the College has referred to the
                  Discipline Committee, in the matter of College File Number 7214894,
                  allegations that I engaged in disgraceful, dishonourable or
                  unprofessional conduct with respect to my prescribing.

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

            B.    UNDERTAKING

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

            (6.1) I, Dr. Guirguis, undertake and agree that I will not issue any new
                  prescriptions or renew existing prescriptions for any member of my family
                  or others close to me for any medication.  I further undertake to abide
                  by the College's Policy on "Physician Treatment of Self, Family Members,
                  or Others Close to Them", a copy of which is attached hereto as Appendix
                  "H".

            (7)   Resignation of Prescribing Privileges

                  (a)   I, Dr. Guirguis,  acknowledge  that I have  executed the
                        Prescribing Resignation Letter to Health Canada, which is attached
                        hereto as Schedule "A" (the "Resignation Letter").
                  
                  (b)   I, Dr. Guirguis, consent to the College sending the Resignation
                        Letter to Health Canada on my behalf.
                  
                  (c)   I, Dr. Guirguis, undertake and agree that I will not issue  new
                        prescriptions or renew existing prescriptions for any of the
                        following substances:
                  
                        (i)   Narcotic Drugs (from the Narcotic Control Regulations made
                              under the Controlled Drugs and Substances Act, S.C., 1996, c.
                              19);
                  
                        (ii)  Narcotic Preparations (from the Narcotic Control Regulations
                              made under the Controlled Drugs and Substances Act, S.C.,
                              1996, c. 19);
                  
                        (iii) Controlled Drugs (from Part G of the Food and Drug
                              Regulations under the Food and Drugs Act, S.C., 1985, c.
                              F-27);
                  
                        (iv)  Benzodiazepines and Other Targeted Substances (from the
                              Benzodiazepines and Other Targeted Substances Regulations
                              made under the Controlled Drugs and Substances Act., S.C.,
                              1996, c. 19);
                  
                        (A summary of the above-named drugs [from Appendix I to the
                        Compendium of Pharmaceuticals and Specialties] is attached hereto
                        as Schedule "B"; and the current regulatory lists are attached
                        hereto as Schedule "C")
                  
                        (v)   All other Monitored Drugs (as defined under the Narcotics
                              Safety and Awareness Act, 2010, S.O. 2010, c. 22 as noted in
                              Schedule "D");
                  
                              and as amended from time to time.

                  (d)   I, Dr. Guirguis, undertake to immediately refer all patients to
                        whom I am prescribing any of the substances described in section
                        (7)(c), above, to other physicians for assessment and care.
                  
                  (e)   I, Dr. Guirguis, undertake to keep a log of all patients referred
                        to other physicians pursuant to section (7)(d), above (the "Log").
                        I, Dr. Guirguis, undertake to include in  the Log the name of each
                        patient referred, the name of the physician he/she was referred to,
                        and the date of referral.
                  
            (8)   I,Dr. Guirguis, undertake  that I will  return  any supplies  of the
                  substances referred to in section (7)(c) above that are presently in my
                  possession, in any place, to a pharmacy in a safe and secure manner, as
                  stipulated in the College's Policy Number 8-12, "Prescribing Drugs."

            (9)   I, Dr. Guirguis, 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. Guirguis, undertake that I shall post a sign in the waiting
                        room(s) of all my Practice Locations, in a clearly visible and
                        secure location, in the form set out at Schedule "E." For further
                        clarity, this sign shall state as follows:
                  
                                    IMPORTANT NOTICE
                  
                        Dr. Guirguis must not prescribe any of the following:
                        -     Narcotic Drugs
                        -     Narcotic Preparations
                        -     Controlled Drugs
                        -     Benzodiazepines and Other Targeted Substances
                        -     All other Monitored Drugs
                  
                        Further information may be found on the College of Physicians  and
                        Surgeons of Ontario website at www.cpso.on.ca
                  
                  (b)   I, Dr. Guirguis,  undertake  to post a  certified translation(s)
                        in any language(s) in which I provide services, of the sign
                        described in section (10)(a) in the waiting room(s) of all my
                        Practice Locations, in a clearly visible and secure location, in
                        the form set out at Schedule "E."
                  
                  (c)   I, Dr. Guirguis, undertake to provide the certified translation(s)
                        described in section (10)(b), to the College within thirty (30)
                        days of executing this Undertaking.
                  
                  (d)   I, Dr. Guirguis, 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. Guirguis, undertake  to  provide to the  College the
                        certified translation(s) described in section (10)(b) prior to
                        beginning to provide services in the language(s) described in
                        section (10)(d).
                  
            C.    ACKNOWLEDGEMENT

            (11)  I, Dr. Guirguis, acknowledge that all schedules attached to or referred
                  to in this Undertaking form part of this Undertaking.

            (12)  I, Dr. Guirguis, acknowledge that I am bound by this Undertaking from the
                  date on which I sign it.

            (13)  I, Dr. Guirguis, acknowledge that this Undertaking continues in force
                  until the matters currently referred are finally disposed of by a panel
                  of the Discipline Committee.

            (14)  I, Dr. Guirguis, acknowledge that, in the event of an appeal of any Order
                  of the Discipline Committee, 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.

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

            (16)  I, Dr. Guirguis, 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.

            (17)  I, Dr. Guirguis, 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.

            (18)  I, Dr. Guirguis, 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.

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


            (20)  Public Register


                  (a)   I, Dr. Guirguis,  acknowledge that, during  the  time period that
                        this Undertaking  remains in effect, this  Undertaking  shall be
                        posted on the Public Register.
                  
                  (b)   I, Dr. Guirguis, acknowledge that, in addition to this Undertaking
                        being posted in accordance with section (20)(a) above, the
                        following summary shall be posted on the Public Register during the
                        time period that this Undertaking remains in effect:
                  
                        Dr. Guirguis is the subject of a referral to the Discipline
                        Committee into allegations that he engaged in professional
                        misconduct in his prescribing. As a result of the referral:
                  
                        Dr. Guirguis must not issue new prescriptions or renew existing
                        prescriptions for any of the following substances:
                  
                        (i)   Narcotic Drugs (from the Narcotic Control  Regulations made
                              under the Controlled Drugs and Substances Act, S.C., 1996, c.
                              19);
                  
                        (ii)  Narcotic Preparations (from the Narcotic Control Regulations
                              made under the Controlled Drugs and Substances Act, S.C.,
                              1996, c. 19);
                  
                        (iii) Controlled Drugs (from Part G of the Food and Drug
                              Regulations under the Food and Drugs Act, S.C., 1985, c.
                              F-27);
                  
                        (iv)  Benzodiazepines and Other Targeted Substances (from  the
                              Benzodiazepines and Other Targeted Substances Regulations
                              made under  the Controlled Drugs and Substances Act., S.C.,
                              1996, c. 19);
                  
                        (v)   All other Monitored Drugs (as defined under  the Narcotics
                              Safety and Awareness Act, 2010, S.O. 2010, c. 22);
                  
                              and as amended from time to time.
                  
                        Dr. Guirguis must post a clearly visible sign in the waiting rooms
                        of all his Practice Locations, which states as follows:
                  
                                    IMPORTANT NOTICE
                  
                              Dr. Guirguis must not prescribe any of the following:
                              -     Narcotic Drugs
                              -     Narcotic Preparations
                              -     Controlled Drugs
                              -     Benzodiazepines and Other Targeted Substances
                              -     All other Monitored Drugs
                  
                              Further information may be found on the College of Physicians
                              and  Surgeons Ontario website at www.cpso.on.ca
                  
            D.    CONSENT

            (21)  I, Dr. Guirguis,  undertake  that I  will submit to, and not  interfere
                  with, unannounced inspections of my Practice Location(s) and 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.

            (22)  I, Dr. Guirguis, give my irrevocable consent to the College to make
                  appropriate enquiries  of OHIP, NMS, and  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.

            (23)  I, Dr. Guirguis, acknowledge that I have executed the OHIP and NMS
                  consent forms, attached hereto as Schedule "F" and Schedule "G",
                  respectively.

            (24)  I, Dr.  Guirguis, 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 any
                  information arising from monitoring my compliance with this Undertaking.

Previous Hearings

Committee: Discipline
Decision Date: 18 Jan 2018
Summary:

On January 18, 2018, the Discipline Committee found that Dr. Emad Samir Luka Guirguis 
committed an act of professional misconduct, in that he has engaged 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. 
 
Dr. Guirguis is a family physician practising in Mississauga and in Oakville.  He received his 
certificate of registration authorizing independent practice from the College of Physicians and 
Surgeons of Ontario (the “College’) in May 2007. At all relevant times, Dr. Guirguis practised in 
a group family medicine practice. 
       
Incapacity Investigation 
 
In May 2014, the College received information from a pharmacist and from a physician that Dr. 
Guirguis had been forging prescriptions for Percocet for himself using the College registration 
number and signature of a colleague with whom he shared an office.  
       
The College made preliminary inquiries into Dr. Guirguis’ capacity to practice medicine, which 
later became a full incapacity investigation. In response to receiving notice of the College’s 
intent to conduct an incapacity investigation, Dr. Guirguis provided information to the College 
regarding his self-prescribing and admitted that he had written prescriptions to himself under 
another physician’s name, explaining that he takes Percocet in order to treat a men’s health 
related issue.   
       
Percocet is brand name of a narcotic medication. The generic name for the opiate pain reliever in 
Percocet is oxycodone hydrochloride.  Oxycodone is a narcotic medication. 
 
A College retained independent specialist (the Assessor), who assessed Dr. Guirguis’ capacity to 
practise, did not conclude that Dr. Guirguis suffers from any disorder related to substance use or 
substance abuse, noting that there were no reports of Dr. Guirguis presenting under the influence 
of opioids while at work and no complaints from patients, colleagues or coworkers. The Assessor 
reported that Dr. Guirguis openly described his history, motivation and pattern of self-
prescribing Percocet in 2013 and 2014, by writing prescriptions for himself under one 
colleague’s name. 
 
Section 75(1)(a) Investigation Regarding Prescribing 
 
Self-prescribing 
       
The College conducted investigation into Dr. Guirguis’ conduct, including his self-prescribing. 
The information requested and obtained by the College from the Ontario Ministry of Health and 
Long Term Care’s Narcotics Monitoring System (“NMS”) regarding all prescriptions for 
monitored drugs issued to Dr. Guirguis between April, 2012 and February, 2015 showed a total 
of 27 prescriptions from two prescribers. One prescriber was the physician who was previously 
known to the College from the initial report.  The second prescriber was another physician with 
whom Dr. Guirguis shared an office.  Both of these physicians worked with Dr. Guirguis at the 
Clinic during this period and all three names appear at the top of the Clinic’s printed prescription 
pads.  Through its investigation the College learned that in addition to Percocet, the 27 
prescriptions forged by Dr. Guirguis included additional medications, such as Benzodiazepines, 
statins and nonsteroidal anti-inflammatories.   
       
Prescribing to Family 
       
The College also requested and obtained data regarding NMS prescriptions written by Dr. 
Guirguis for all patients between May, 2012 and May, 2016, which indicated that on several 
occasions during this period Dr. Guirguis wrote prescriptions for controlled/monitored drugs for 
at least 3 members of his family. Dr. Guirguis billed the Ontario Health Insurance Program for 
his treatment of these 3 family members; however, he does not have any medical records 
reflecting his prescriptions of controlled drugs or any other treatment of these family members. 
 
Dr. Guirguis’ conduct is not consistent with his professional obligations, including those set out 
in the College’s policies regarding physicians’ treatment of self or family members or others 
close to them. 
 
Disposition 
 
On January 18, 2018 the Discipline Committee reserved its decision on penalty.

Hearing Date(s): January 18, 2018

Concerns

Source: ICR Committee
Active Date: July 26, 2017
Expiry Date:
Summary:
Caution-in-Person:

A summary of a decision of the Inquiries, Complaints and Reports Committee in which the disposition includes a "caution-in-person" is required by the College by-laws to be posted on the register, along with a note if the decision has been appealed. A “caution-in-person” disposition requires the physician to attend at the College and be verbally cautioned by a panel of the Committee. The summary will be removed from the register if the decision is overturned on appeal or review. Note that this requirement only applies to decisions arising out of a complaint dated on or after January 1, 2015 or if there was no complaint, the first appointment of investigators dated on or after January 1, 2015.

See PDF for the summary of a decision made against this member in which the disposition includes a caution-in-person.
Download Full Document (PDF)


Source: Member
Active Date: March 19, 2017
Expiry Date:
Summary:
Summary of the Undertaking given by Dr. Emad Samir Luka Guirguis to the College of Physicians and Surgeons of Ontario, effective March 19, 2017:

Dr. Guirguis is the subject of a referral to the Discipline Committee into allegations that he engaged in professional misconduct in his prescribing. As a result of the referral:

Dr. Guirguis must not issue new prescriptions or renew existing prescriptions for any of the following substances:

(i) Narcotic Drugs (from the Narcotic Control Regulations made under the Controlled Drugs and Substances Act, S.C., 1996, c. 19);

(ii) Narcotic Preparations (from the Narcotic Control Regulations made under the Controlled Drugs and Substances Act, S.C., 1996, c. 19);

(iii) Controlled Drugs (from Part G of the Food and Drug Regulations under the Food and Drugs Act, S.C., 1985, c. F-27);

(iv) Benzodiazepines and Other Targeted Substances (from the Benzodiazepines and Other Targeted Substances Regulations made under the Controlled Drugs and Substances Act., S.C., 1996, c. 19);

(v) All other Monitored Drugs (as defined under the Narcotics Safety and Awareness Act, 2010, S.O. 2010, c. 22);

and as amended from time to time.

Dr. Guirguis must post a clearly visible sign in the waiting rooms of all his Practice Locations, which states as follows:

IMPORTANT NOTICE

Dr. Guirguis must not prescribe any of the following:
- Narcotic Drugs
- Narcotic Preparations
- Controlled Drugs
- Benzodiazepines and Other Targeted Substances
- All other Monitored Drugs

Further information may be found on the College of Physicians and Surgeons of Ontario website at www.cpso.on.ca