As from 11:59 p.m., October 8, 2024, by order of the Quality Assurance Committee of the College of Physicians and Surgeons of Ontario, the following terms, conditions and limitations are imposed on the certificate of registration held by Dr. Donald Charles Cole:
UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT
(“Undertaking”)
of
DR. DONALD CHARLES COLE
(“Dr. Cole”)
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;
“OHIP” means the Ontario Health Insurance Plan;
“Public Register” means the College’s register that is available to the public;
“Ontario Physicians and Surgeons Discipline Tribunal” means the Discipline Committee established under the Code;
“QAC” means the Quality Assurance Committee of the College.
(2) I, Dr. Cole, certificate of registration number 31128, am a member of the College. I acknowledge that concerns have been identified with respect to my knowledge, skill and judgment. I am aware of the College’s concern about protecting the public.
B. UNDERTAKING
(3) I, Dr. Cole, undertake to abide by the provisions of this Undertaking, effective immediately (“Effective Date”).
(4) Practice Restrictions
(a) I, Dr. Cole, undertake that I will not provide primary care in any location in Ontario, including (but not limited to) as a family physician or in a walk-in or urgent care setting.
(b) For greater clarity, it is acknowledged that paragraph (4)(a) above does not restrict my ability to practise any area of medicine in Ontario other than primary care medicine, including in particular Occupational and Environmental Medicine.
(5) Monitoring
(a) I, Dr. Cole, undertake to inform the College of each and every location at which I practice, delegate, or have privileges, including, but not limited to, any hospitals, clinics, offices, and any Out-of-Hospital Premises and 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. Cole, 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. Cole, 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. Cole, acknowledge that I have executed the OHIP consent form, attached hereto as Appendix “A”.
(e) I, Dr. Cole, give my irrevocable consent to any Chief 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.
C. ACKNOWLEDGEMENT
(6) I, Dr. Cole, acknowledge that all appendices attached to or referred to in this Undertaking form part of this Undertaking.
(7) I, Dr. Cole, 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.
(8) I, Dr. Cole, 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.
(9) I, Dr. Cole, 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”).
(10) I, Dr. Cole, 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 any one or more of the following: consideration by the QAC, an investigation by the College, or further action by the College, including a referral of specified allegations to the Discipline Tribunal.
(11) I, Dr. Cole, acknowledge that this Undertaking constitutes terms, conditions, and limitations on my certificate of registration for the purposes of section 23 of the Code.
(12) Public Register
(a) I, Dr. Cole, acknowledge that, during the time period that this Undertaking remains in effect, this Undertaking shall be posted on the Public Register.
(b) I, Dr. Cole, acknowledge that, in addition to this Undertaking being posted in accordance with section (12)(a) above, the following summary shall be posted on the Public Register during the time period that this Undertaking remains in effect:
Concerns have been identified with respect to Dr. Cole’s knowledge, skill and judgment. As a result, Dr. Cole will not provide primary care in any location, including as a family physician or in a walk-in or urgent care setting.
Terms and conditions imposed on certificate by: Member
