As from March 25, 2020, the following are imposed as terms, conditions and
limitations on the certificate of registration held by Dr. Walter Joseph
Pawliwec in accordance with an undertaking and consent given by Dr. Pawliwec to
the College of Physicians and Surgeons of Ontario:
UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT
("Undertaking")
of
DR. WALTER JOSEPH PAWLIWEC
("Dr. Pawliwec")
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;
"OHIP" means the Ontario Health Insurance Plan;
"Public Register" means the College's register that is available to the
public.
(2) I, Dr. Pawliwec, certificate of registration number 27869, am a member of
the College.
(3) I, Dr. Pawliwec, acknowledge that the College received information about
my surgical practice.
(4) I, Dr. Pawliwec, acknowledge that I currently practise only at Brantford
Community Healthcare System (BCHS).
(5) I, Dr. Pawliwec, acknowledge that I do not practise at any practice
location, including but not limited to, any hospitals, clinics and
offices, in any jurisdiction, nor am I affiliated with any Independent
Health Facility in any jurisdiction, other than BCHS (collectively, my
"Practice Location" or "Practice Locations"), nor do I have privileges at
any other hospital whatsoever.
B. UNDERTAKING
(6) I, Dr. Pawliwec, undertake to abide by the provisions of this
Undertaking, effective immediately ("Effective Date").
(7) Practice Restrictions
(a) I, Dr. Pawliwec, undertake that I shall not engage in the practice
of medicine as the Most Responsible Physician for any patient
whatsoever.
(b) I, Dr. Pawliwec, undertake that the entirety of my scope of
practice will be limited in the following ways:
(i) I shall only practise medicine as a surgical assistant of a
surgeon:
1. certified by the Royal College of Physicians and
Surgeons or recognized as a surgical specialist by the
College; and
2. who holds privileges at BCHS, or other Practice
Location as may be approved by the College,
(collectively, a "Qualified Surgeon"); and
(ii) for further clarity, but without limiting the generality of
section (7)(b)(i) above:
1. I will not provide any pre-operative or post-operative
care whatsoever; and
2. a Qualified Surgeon must always be physically in
attendance when I am engaging in my practice as a
surgical assistant.
(c) I, Dr. Pawliwec, undertake that I will not engage in any practice
of medicine that is not expressly and specifically listed in
section (7)(b) above.
(8) I, Dr. Pawliwec, undertake that I will not commence surgical assisting at
any other Practice Location (other than BCHS) without prior approval of
the College. Should I seek privileges to perform surgical assisting at
any other Practice Location (other than BCHS), I shall advise the College
within five (5) days of making such application, and shall seek approval
to practice surgical assisting at the Practice Location at least fourteen
(14) days before I plan to commence surgical assisting at that location.
(9) Compliance and Monitoring
(a) I, Dr. Pawliwec, 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.
(b) I, Dr. Pawliwec, acknowledge that I have executed the OHIP consent
form, attached hereto as Appendix "A".
(c) I, Dr. Pawliwec, undertake that I will submit to, and not interfere
with, unannounced inspections of my Practice Locations and/or
patient charts by a College representative for the purposes of
monitoring my compliance with the provisions of this Undertaking.
(10) I, Dr. Pawliwec, undertake to abide by the College's Policy on Closing a
Medical Practice.
C. ACKNOWLEDGEMENT
(11) I, Dr. Pawliwec, acknowledge that all appendices attached to or referred
to in this Undertaking form part of this Undertaking.
(12) I, Dr. Pawliwec, 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. Pawliwec, 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. Pawliwec, acknowledge that the College will provide this
Undertaking to any Qualified Surgeon and any Chief of Staff, or a
colleague with similar responsibilities, at any Practice Location ("Chief
of Staff" or "Chiefs of Staff").
(15) I, Dr. Pawliwec, 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.
(16) I, Dr. Pawliwec, acknowledge that this Undertaking constitutes terms,
conditions, and limitations on my certificate of registration for the
purposes of section 23 of the Code.
(17) Public Register
(a) I, Dr. Pawliwec, acknowledge that, during the time period that this
Undertaking remains in effect, this Undertaking shall be posted on
the Public Register.
(b) I, Dr. Pawliwec, acknowledge that, in addition to this Undertaking
being posted in accordance with section (19)(a) above, the
following summary shall be posted on the Public Register during the
time period that this Undertaking remains in effect:
Information was received about Dr. Pawliwec's surgical
practice and as a result, Dr. Pawliwec has voluntary
restricted his practise to surgical assistant under the
direction of a qualified surgeon. Further, Dr. Pawliwec has
agreed to not commence surgical assisting at any other
Practice Location (other than BCHS) without prior approval of
the College.
D. CONSENT
(18) I, Dr. Pawliwec, give my irrevocable consent to the College to provide
all Qualified Surgeons and all Chiefs of Staff with any of the following:
(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.
(19) I, Dr. Pawliwec, give my irrevocable consent to all Qualified Surgeons
and all Chiefs of Staff to disclose to the College, and to one another,
all information relevant to this Undertaking and/or relevant for the
purposes of monitoring my compliance with this Undertaking.
Terms and conditions imposed on certificate by: Member