As from April 12, 2019, the following are imposed as terms, conditions and
limitations on the certificate of registration held by Dr. Allen Phillip Denys,
in accordance with an undertaking and consent given by Dr. Denys to the College
of Physicians and Surgeons of Ontario:
UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT
("Undertaking")
of
DR. ALLEN PHILLIP DENYS
("Dr. Denys")
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. Denys, certificate of registration number 29235, am a member of
the College.
(3) I, Dr. Denys, acknowledge that, after an investigation into my practice,
including a review of patient charts by an assessor, the Inquiries,
Complaints and Reports Committee of the College referred allegations of
professional misconduct to the Discipline Committee in a Notice of
Hearing dated February 2, 2018.
(4) I, Dr. Denys, executed an Undertaking with the College on April 3, 2018
in lieu of the imposition of an Order under s. 25.4 of the Code (the "
April 3, 2018 Undertaking"). This Undertaking replaces and supersedes
the April 3, 2018 Undertaking.
B. UNDERTAKING
(5) I, Dr. Denys, undertake to abide by the provisions of this Undertaking,
effective immediately (the "Effective Date").
(6) Practice Restriction
(a) I, Dr. Denys, undertake that I will not practice sleep medicine in
any jurisdiction after the Effective Date.
(b) I, Dr. Denys, undertake that I will not apply to return to the
practice of sleep medicine in Ontario or any other jurisdiction
after the Effective Date.
(7) Monitoring
(a) I, Dr. Denys, undertake to inform the College of each and every
location where I practise or have privileges to practise,
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 10 (10) days of executing this Undertaking.
Going forward, I further undertake to inform the College of any and
all new Practice Locations within ten (10) days of commencing
practice at each location.
(b) I, Dr. Denys, undertake that I will submit to, and not interfere
with, unannounced inspections of my Practice Location(s) and
patient charts by a College representative for the purposes of
monitoring my compliance with the provisions of this Undertaking.
(c) I, Dr. Denys, 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. Denys, acknowledge that I have executed the OHIP consent
form attached hereto as Appendix "A".
C. ACKNOWLEDGEMENT
(8) I, Dr. Denys, acknowledge that all appendices attached to or referred to
in this Undertaking form part of this Undertaking.
(9) I, Dr. Denys, 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.
(10) I, Dr. Denys, 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.
(11) I, Dr. Denys, 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").
(12) I, Dr. Denys, 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.
(13) I, Dr. Denys, acknowledge that this Undertaking constitutes terms,
conditions, and limitations on my certificate of registration for the
purposes of section 23 of the Code.
(14) Public Register
(a) I, Dr. Denys, acknowledge that, during the time period that this
Undertaking remains in effect, this Undertaking shall be posted on
the Public Register.
(b) I, Dr. Denys, acknowledge that, in addition to this Undertaking
being posted in accordance with section (14)(a) above, the
following summary shall be posted on the Public Register during the
time period that this Undertaking remains in effect:
Dr. Denys was referred to the Discipline Committee on allegations
of professional misconduct. In the face of these allegations, Dr.
Denys agreed that he will not practice sleep medicine and will
never apply to return to the practice of sleep medicine in any
jurisdiction.
D. CONSENT
(15) I, Dr. Denys, 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