As from September 12, 2023, the following are imposed as terms, conditions and limitations on the certificate of registration held by Dr. Dimitrois Giannoulias in accordance with an undertaking and consent given by Dr. Giannoulias to the College of Physicians and Surgeons of Ontario:
UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT
(“Undertaking”)
of
DR. DIMITROIS GIANNOULIAS
(“Dr. Giannoulias”)
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;
“NMS” means the Drug Program Services Branch, the Narcotics Monitoring System implemented under the Narcotics Safety and Awareness Act, 2010;
“OHIP” means the Ontario Health Insurance Plan;
“Ontario Physicians and Surgeons Discipline Tribunal” means the Discipline Committee established under the Code;
“Public Register” means the College’s register that is available to the public.
(2) I, Dr. Giannoulias, certificate of registration number 30339, am a member of the College.
(3) I, Dr. Giannoulias, acknowledge that following two public complaints, the College conducted investigations bearing File Numbers CAS-137882-P7M6L8 and CAS-351379-R3V5D3 (the “Investigations”) into my practice, including the delegation of controlled acts in cosmetic clinics.
(4) I, Dr. Giannoulias, acknowledge that, in addition to accepting this Undertaking, the College will also deliver a caution in person.
B. UNDERTAKING
(5) I, Dr. Giannoulias, undertake to abide by the provisions of this Undertaking, effective immediately (the “Effective Date”).
(6) I, Dr. Giannoulias, undertake to abide by the College’s policy on “Ensuring Competence: Change of Scope of Practice and/or Re-entering Practice.”
(7) Practice Restrictions
(a) I, Dr. Giannoulias, undertake that effective September 30, 2023, I will not delegate any controlled acts (as defined by the Regulated Health Professions Act, 1991) to any person in a cosmetic practice setting.
(8) Professional Education
(a) I, Dr. Giannoulias, undertake to participate in and successfully complete all aspects of the detailed Individualized Education Plan (“IEP”), attached hereto as Appendix “A”, including all of the following professional education (the “Professional Education”):
(i) Individualized instruction in professionalism satisfactory to the College, with an instructor selected by the College.
(ii) Review, reflection, and a discussion with the instructor conducting the individualized education of the following self-study:
1. The College’s Practice Guide: Medical Professionalism and College Policies;
(iii) Review, reflection, and a written summary of the following College policies and self-study:
1. Medical Records Documentation, CPSO policy; and,
2. Good Practices – Physician-patient Documentation and Record Keeping, CMPA.
(b) I, Dr. Giannoulias, undertake to provide proof to the College of my successful completion of the Professional Education, including proof of registration and attendance and participant assessment reports, within one (1) month of completing it. I acknowledge that the College will determine, in its sole discretion, whether I have successfully completed the Professional Education.
(c) I, Dr. Giannoulias, undertake to complete this requirement within three (3) months.
(d) I, Dr. Giannoulias, acknowledge that a report or reports may be provided to the College regarding my progress and compliance with the Professional Education.
(e) I, Dr. Giannoulias, acknowledge that if any of the programs listed above become unavailable, substitution requests will be reviewed by the College and the College will determine in its sole discretion whether substitution is appropriate.
(9) Monitoring
(a) I, Dr. Giannoulias, 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. Giannoulias, undertake that I will submit to, and not interfere with, unannounced inspections of my Practice Locations and patient records by a College representative for the purposes of monitoring my compliance with the provisions of this Undertaking.
(c) I, Dr. Giannoulias, 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. Giannoulias, acknowledge that I have executed the OHIP consent form, attached hereto as Appendix “B”.
C. ACKNOWLEDGEMENT
(10) I, Dr. Giannoulias, acknowledge that all appendices attached to or referred to in this Undertaking form part of this Undertaking.
(11) I, Dr. Giannoulias, 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.
(12) I, Dr. Giannoulias, 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.
(13) I, Dr. Giannoulias, 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”).
(14) I, Dr. Giannoulias, 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 Tribunal of the College.
(15) I, Dr. Giannoulias, acknowledge that this Undertaking constitutes terms, conditions, and limitations on my certificate of registration for the purposes of section 23 of the Code.
(16) Public Register
(a) I, Dr. Giannoulias, acknowledge that, during the time period that this Undertaking remains in effect, this Undertaking shall be posted on the Public Register.
(b) I, Dr. Giannoulias, acknowledge that, in addition to this Undertaking being posted in accordance with section (16)(a) above, the following summary shall be posted on the Public Register during the time period that this Undertaking remains in effect:
Following two public complaints, College investigations were conducted into Dr. Giannoulias’ practice, including his delegation of controlled acts in cosmetic clinics. As a result of the investigations:
Effective September 30, 2023, Dr. Giannoulias will not delegate any controlled acts (as defined by the Regulated Health Professions Act, 1991) to any person in a cosmetic practice setting.
Dr. Giannoulias will engage in professional education in professionalism and medical record keeping.
D. CONSENT
(17) I, Dr. Giannoulias, give my irrevocable consent to the College to provide the following information to any person who requires this information for the purposes of facilitating my completion of the Professional Education:
(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.
(18) I, Dr. Giannoulias, 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.
(19) I, Dr. Giannoulias, give my irrevocable consent to any persons who facilitate my completion of the Professional Education, and to all Chiefs of Staff, to disclose to the College, and to one another, any of the following:
(a) any information relevant to this Undertaking;
(b) any information relevant for the purposes of monitoring my compliance with this Undertaking;
(c) any information which comes to their attention in the course of providing the Professional Education and which they reasonably believe indicates a potential risk of harm to my patients.
Terms and conditions imposed on certificate by: Member
