As from December 31, 2017, the following is imposed as a term, condition and
limitation on the certificate of registration held by Dr. John Alan Spencer, in
accordance with an undertaking and consent given by Dr. Spencer to the College
of Physicians and Surgeons of Ontario:
UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT
("Undertaking")
of
DR. JOHN ALAN SPENCER
("Dr. Spencer")
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. Spencer, certificate of registration number 27584, am a member of
the College.
(3) I, Dr. Spencer, acknowledge that the College investigated a public
complaint from a patient related to my ophthalmology practice, bearing
File Number 105253.
B. UNDERTAKING
(4) I, Dr. Spencer, undertake to abide by the provisions of this Undertaking,
effective December 31, 2017 ("Effective Date").
(5) Practice Restrictions
(a) I, Dr. Spencer, undertake that I will not engage in intra-ocular
ophthalmological surgery and will restrict my practice to
office-based ophthalmology.
(6) Monitoring
(a) I, Dr. Spencer, undertake to inform the College of each and every
location where 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.
(b) I, Dr. Spencer, 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. Spencer, 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. Spencer, acknowledge that I have executed the OHIP consent
form, attached hereto as Appendix "A".
C. ACKNOWLEDGEMENT
(7) I, Dr. Spencer, acknowledge that all appendices attached to or referred
to in this Undertaking form part of this Undertaking.
(8) I, Dr. Spencer, 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. Spencer, 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. Spencer, acknowledge that the College will provide this
Undertaking to any Chief of Staff, or a colleague with similar
responsibilities, at any Practice Location ("Chief(s) of Staff").
(11) I, Dr. Spencer, 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. Spencer, 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. Spencer, acknowledge that, during the time period that this
Undertaking remains in effect, this Undertaking shall be posted on
the Public Register.
(b) I, Dr. Spencer, 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 investigated a complaint from a patient related
to Dr. Spencer's ophthalmology practice. As a result of the
investigation, Dr. Spencer agreed not to engage in
intra-ocular ophthalmological surgery and to restrict his
practise to office-based ophthalmology.
D. CONSENT
(14) I, Dr. Spencer, 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/or any information
arising from the monitoring of my compliance with this Undertaking.
Terms and conditions imposed on certificate by: Member
