As from February 4, 2020, the following is imposed as terms, conditions and
limitations on the certificate of registration held by Dr. Patrick Edward
Kilmartin in accordance with an undertaking and consent given by Dr. Kilmartin
to the College of Physicians and Surgeons of Ontario:
UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT
("Undertaking")
of
DR. PATRICK EDWARD KILMARTIN
("Dr. Kilmartin")
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. Kilmartin, certificate of registration number 26304, am a member
of the College.
(3) I, Dr. Kilmartin, acknowledge that the College was advised by the College
des medecins du Quebec that I had signed an undertaking confirming that I
would retire from emergency medicine in hospital settings by February 24,
2019.
B. UNDERTAKING
(4) I, Dr. Kilmartin, undertake to abide by the provisions of this
Undertaking, effective immediately.
(5) Practice Restriction
(a) I, Dr. Kilmartin, undertake that I will not engage in the practice
of acute emergency medicine.
(6) Monitoring
(a) I, Dr. Kilmartin, 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. Kilmartin, undertake that I will submit to, and not
interfere with, unannounced inspections of my Practice Locations
and patient charts by a College representative for the purposes of
monitoring my compliance with the provisions of this Undertaking.
(c) I, Dr. Kilmartin, 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. Kilmartin, acknowledge that I have executed the OHIP consent
form, attached hereto as Appendix "A".
C. ACKNOWLEDGEMENT
(7) I, Dr. Kilmartin, acknowledge that all appendices attached to or referred
to in this Undertaking form part of this Undertaking.
(8) I, Dr. Kilmartin, 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.
(9) I, Dr. Kilmartin, 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.
(10) I, Dr. Kilmartin, 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").
(11) I, Dr. Kilmartin, 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.
(12) I, Dr. Kilmartin, acknowledge that this Undertaking constitutes terms,
conditions, and limitations on my certificate of registration for the
purposes of section 23 of the Code.
(13) Public Register
(a) I, Dr. Kilmartin, acknowledge that, during the time period that
this Undertaking remains in effect, this Undertaking shall be
posted on the Public Register.
(b) I, Dr. Kilmartin, acknowledge that, in addition to this Undertaking
being posted in accordance with section (13)(a) above, the
following summary shall be posted on the Public Register during the
time period that this Undertaking remains in effect:
The College was advised by the College des medecins du Quebec
that Dr. Kilmartin had signed an undertaking confirming that
he would retire from emergency medicine in hospital settings
by February 24, 2019. Dr. Kilmartin agreed to sign an
undertaking confirming his intent not to practice acute
emergency medicine in Ontario.
D. CONSENT
(14) I, Dr. Kilmartin, 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.
Terms and conditions imposed on certificate by: Member