(1) Dr. ROBERT NATHANIAL WISMER may practise only in the areas of medicine in which Dr. WISMER is educated and experienced.
As from November 13, 2024, the following are imposed as terms, conditions and limitations on the certificate of registration held by Dr. Robert Nathanial Wismer in accordance with an undertaking and consent given by Dr. Wismer to the College of Physicians and Surgeons of Ontario:
UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT
(“Undertaking”)
of
DR. ROBERT NATHANIAL WISMER
(“Dr. Wismer”)
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 Tribunal” means the Ontario Physicians and Surgeons Discipline Tribunal of the College;
“ICR Committee” means Inquiries, Complaints and Reports Committee of the College;
“OHIP” means the Ontario Health Insurance Plan;
“Ontario Physicians and Surgeons Discipline Tribunal” means the Discipline Committee established under the Code;
“Practice Location” or “Practice Locations” means each and every location, including virtual care settings, at which Dr. Wismer practices, delegates, or has privileges, including, but not limited to, any hospitals, clinics, offices, and any Out-of-Hospital Premises or Independent Health Facilities with which he is affiliated, in any jurisdiction;
“Public Register” means the College’s register that is available to the public.
(2) I, Dr. Wismer, certificate of registration number 113829, am a member of the College.
(3) I, Dr. Wismer, acknowledge that I am the subject of a College investigation bearing File Number CAS-474905-Z7W3T4 into my conduct outside of my practice, arising out of charges of Sexual Assault, Invitation to Sexual Touching under 16 years of age, and Sexual Interference laid against me under sections 271, 152, and 151 of the Criminal Code of Canada. I am aware of the College’s concern about protecting the public.
(4) I, Dr. Wismer, acknowledge that the College has accepted this Undertaking in lieu of making an Order under section 25.4 of the Code at this time.
(5) I, Dr. Wismer, acknowledge that this Undertaking does not preclude the ICR Committee from making an order at a later date in accordance with the Code.
(6) I, Dr. Wismer, acknowledge that this Undertaking continues in force until the matters currently being investigated are disposed of by a panel of the ICR Committee or the Discipline Tribunal.
B. UNDERTAKING
(7) I, Dr. Wismer, undertake to abide by the provisions of this Undertaking, effective immediately (“Effective Date”).
(8) Practice Restrictions
(a) I, Dr. Wismer, undertake that I will not engage in any in-person patient encounters, and will restrict my practice to the provision of virtual care in accordance with the College’s Virtual Care policy.
(b) I, Dr. Wismer, undertake to provide a referral to another physician for any patient who seeks and/or may require a physical examination, specialist consultation and/or any in-person care. I undertake to record any and all referrals and reasons for each referral in the patient’s chart.
(c) I, Dr. Wismer, undertake to keep a log of all patients referred to other physicians pursuant to section (8)(b) above (the “Referral Log”). I, Dr. Wismer, undertake to include in the Referral Log the name of each patient referred, the name of the physician referred to, and the date of the referral. In the event of a referral to a hospital emergency department or walk-in clinic, the name of the hospital or clinic will be recorded in the Referral Log.
(d) I, Dr. Wismer, undertake that I will not provide any virtual care to patients under the age of eighteen (18) years old.
(9) Posting a Sign
(a) I, Dr. Wismer, undertake that, when providing care in a virtual setting, I shall display a sign to the patient, in the form set out at Appendix “A”, at the outset of the patient encounter. If the patient encounter is by telephone, I shall read the sign to the patient at the outset of the patient encounter. For further clarity, the sign shall state as follows:
“Dr. Wismer will not engage in any in-person patient encounters and will restrict his practice to the provision of virtual care.
Dr. Wismer will not provide virtual care to patients under the age of eighteen (18) years old.
Further information may be found on the College website at www.cpso.on.ca.”
(b) I, Dr. Wismer, undertake to display or read a certified translation of the sign described in section (9)(a) in any language in which I provide services.
(c) I, Dr. Wismer, undertake to provide the certified translation described in section (9)(b), to the College within thirty (30) days of executing this Undertaking.
(d) I, Dr. Wismer, 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. Wismer, undertake to provide to the College the certified translation described in section (9)(b) prior to providing services in any language described in section (9)(d).
(10) Monitoring
(a) I, Dr. Wismer, undertake to inform the College of each and every one of my Practice Locations within five (5) days of executing this Undertakings. 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. Wismer, undertake that I will submit to, and not interfere with, unannounced inspections of my Practice Locations and patient records by the College and to any other activity the College deems necessary in order to monitor my compliance with the provisions of this Undertaking.
(c) I, Dr. Wismer, 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. Wismer, acknowledge that I have executed the OHIP consent form, attached hereto as Appendix “B”.
C. ACKNOWLEDGMENT
(11) I, Dr. Wismer, acknowledge that all appendices attached to or referred to in this Undertaking form part of this Undertaking.
(12) I, Dr. Wismer, 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. Wismer, 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.
(14) I, Dr. Wismer, 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”).
(15) I, Dr. Wismer, 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 Tribunal.
(16) I, Dr. Wismer, acknowledge that, in the event of a referral to the Discipline Tribunal and in the event of an appeal of any Order of the Discipline Tribunal, if the Discipline Tribunal 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.
(17) I, Dr. Wismer, 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. Wismer, acknowledge that, during the time period that this Undertaking remains in effect, this Undertaking shall be posted on the Public Register.
(b) I, Dr. Wismer, 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:
Dr. Wismer is the subject of an investigation following charges under sections 271, 152 and 151 of the Criminal Code of Canada. During the investigation and in the event of a referral to the Discipline Tribunal:
Dr. Wismer will not engage in any in-person patient encounters and will restrict his practice to the provision of virtual care.
Dr. Wismer will not provide virtual care to patients under the age of eighteen (18) years old.
D. CONSENT
(19) I, Dr. Wismer, 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 only so long as the Undertaking remains in effect.
(20) I, Dr. Wismer, give my irrevocable consent to all Chiefs of Staff to disclose to the College, and to one another, any information relevant to this Undertaking and/or relevant for the purposes of monitoring my compliance with this Undertaking only so long as the Undertaking remains in effect.
Terms and conditions imposed on certificate by: Member
