As from January 1, 2018, the following is imposed as a term, condition and
limitation on the certificate of registration held by Dr. Robert Alan Gibb, in
accordance with an undertaking and consent given by Dr. Gibb to the College of
Physicians and Surgeons of Ontario:
UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT
("Undertaking")
of
DR. ROBERT ALAN GIBB
("Dr. Gibb")
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;
"NMS" means the Drug Program Services Branch, the Narcotics Monitoring
System implemented under the Narcotics Safety and Awareness Act, 2010,
S.O. 2010, c. 22, 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. Gibb, certificate of registration number 31786, am a member of the
College. The College has received information regarding my standard of
practice.
(3) I, Dr. Gibb, acknowledge that the College received information from the
NMS and initiated an investigation bearing File Number 7215577 (the
"Investigation") into whether I failed to maintain the standard of
practice of the profession and/or am incompetent in my prescribing of
controlled substances, including narcotics.
(4) I, Dr. Gibb, acknowledge that further to the Investigation, I entered
into an undertaking with the College dated June 23, 2017. ("NMS
Undertaking").
(5) I, Dr. Gibb, acknowledge that as of January 1, 2018 this Undertaking
becomes effective and my obligations under the NMS Undertaking are
suspended.
B. UNDERTAKING
(6) I, Dr. Gibb, undertake to abide by the provisions of this Undertaking,
effective January 1, 2018.
(7) Practice Restrictions
(a) I, Dr. Gibb, undertake that, effective January 1, 2018, I will
restrict my practice to Occupational Medicine.
(8) Resignation of Prescribing Privileges
(a) I, Dr. Gibb, acknowledge that , effective January 1, 2018 , I will
execute the Prescribing Resignation Letter to Health Canada, which
is attached hereto as Schedule "A" (the "Resignation Letter").
(b) I, Dr. Gibb, consent to the College sending the Resignation Letter
to Health Canada on my behalf.
(c) I, Dr. Gibb, undertake that I will not issue new prescriptions or
renew existing prescriptions for or administer any of the following
substances:
(i) Narcotic Drugs (from the Narcotic Control Regulations made
under the Controlled Drugs and Substances Act, S.C., 1996, c.
19);
(ii) Narcotic Preparations (from the Narcotic Control Regulations
made under the Controlled Drugs and Substances Act, S.C.,
1996, c. 19);
(iii) Controlled Drugs (from Part G of the Food and Drug
Regulations under the Food and Drugs Act, S.C., 1985, c.
F-27);
(iv) Benzodiazepines and Other Targeted Substances (from the
Benzodiazepines and Other Targeted Substances Regulations
made under the Controlled Drugs and Substances Act., S.C.,
1996, c. 19);
(A summary of the above-named drugs [from Appendix I to the
Compendium of Pharmaceuticals and Specialties] is attached hereto
as Schedule "B"; and the current regulatory lists are attached
hereto as Schedule "C")
(v) All other Monitored Drugs (as defined under the Narcotics
Safety and Awareness Act, 2010, S.O. 2010, c. 22 as noted in
Schedule "D");
and as amended from time to time.
(d) I, Dr. Gibb, undertake to refer all patients to whom I am
prescribing any of the substances described in section (8)(c),
above, to other physicians for assessment and care prior to January
1, 2018.
(e) I, Dr. Gibb, undertake to keep a log of all patients referred to
other physicians pursuant to section (8)(d), above (the "Log"). I,
Dr. Gibb, undertake to include in the Log the name of each patient
referred, the name of the physician referred to, and the date of
referral.
(9) I, Dr. Gibb, undertake that, effective January 1, 2018, I will return any
supplies of the substances referred to in section (8)(c) above that are
presently in my possession, in any place, to a pharmacy in a safe and
secure manner, as stipulated in the College's Policy Number 8-12,
"Prescribing Drugs."
(10) I, Dr. Gibb, undertake to inform the College of each and every location
that 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.
(11) Posting a Sign
(a) I, Dr. Gibb, undertake that effective January 1, 2018, I shall post
a sign in the waiting room(s) and in each examination and
consulting room, in all my Practice Locations, in a clearly visible
and secure location, in the form set out at Schedule "E." For
further clarity, this sign shall state as follows:
IMPORTANT NOTICE
Dr. Gibb has agreed not to prescribe or administer any of the
following:
- Narcotic Drugs;
- Narcotic Preparations;
- Controlled Drugs;
- Benzodiazepines and Other Targeted Substances; and
- All other Monitored Drugs.
Further information may be found on the College of Physicians and
Surgeons of Ontario website at www.cpso.on.ca.
(b) I, Dr. Gibb, undertake to post a certified translation in any
language in which I provide services, of the sign described in
section (8)(a) above, in the waiting room(s) and in each
examination and consulting room, in all my Practice Locations, in a
clearly visible and secure location, in the form set out at
Schedule "E."
(c) I, Dr. Gibb, undertake to provide the certified translation(s)
described in section (11)(b), to the College within thirty (30)
days of executing this Undertaking.
(d) I, Dr. Gibb, undertake that if I elect, after the execution of this
Undertaking, to provide services in any other language(s), I will
notify the College prior to providing any such services.
(e) I, Dr. Gibb, undertake to provide to the College the certified
translation(s) described in section (11)(c) prior to beginning to
provide services in the language(s) described in section (11)(d).
(12) Resumption of Family Practice and Prescribing
(a) I will not practise family medicine or resume prescribing in any
jurisdiction until each and every one of the following conditions
have been met:
(i) I provide a minimum of forty-five (45) days' notice to the
College of my intent to resume prescribing of the substances
referred to in paragraph 8(c) and/or to resume the practice
of family medecine;
(ii) I prepare to resume with any remaining obligations
outstanding from the NMS Undertaking; and
(iii) The College approves my resumption of prescribing of the
substances referred to in paragraph 8(c) and/or my return to
the practice of family medicine and to prescribing.
C. ACKNOWLEDGEMENT
(13) I, Dr. Gibb, acknowledge that all schedules attached to or referred to in
this Undertaking form part of this Undertaking.
(14) I, Dr. Gibb, 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.
(15) I, Dr. Gibb, 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.
(16) I, Dr. Gibb, acknowledge that the College will provide this Undertaking
to any Chief(s) of Staff, or a colleague(s) with similar
responsibilities, at any Practice Location ("Chief(s) of Staff").
(17) I, Dr. Gibb, 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.
(18) I, Dr. Gibb, acknowledge that this Undertaking constitutes terms,
conditions, and limitations on my certificate of registration for the
purposes of section 23 of the Code.
(19) Public Register
(a) I, Dr. Gibb, acknowledge that, during the time period that this
Undertaking remains in effect, this Undertaking shall be posted on
the Public Register.
(b) I, Dr. Gibb, 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:
Effective January 1, 2018, Dr. Gibb has voluntarily
restricted his practice to Industrial Medicine.
Effective January 1, 2018, Dr. Gibb has agreed not to issue
new prescriptions or renew existing prescriptions for or
administer any of the following substances:
(i) Narcotic Drugs (from the Narcotic Control Regulations
made under the Controlled Drugs and Substances Act,
S.C., 1996, c. 19);
(ii) Narcotic Preparations (from the Narcotic Control
Regulations made under the Controlled Drugs and
Substances Act, S.C., 1996, c. 19);
(iii) Controlled Drugs (from Part G of the Food and Drug
Regulations under the Food and Drugs Act, S.C., 1985,
c. F-27);
(iv) Benzodiazepines and Other Targeted Substances (from the
Benzodiazepines and Other Targeted Substances
Regulations made under the Controlled Drugs and
Substances Act., S.C., 1996, c. 19);
(v) All other Monitored Drugs (as defined under the
Narcotics Safety and Awareness Act, 2010, S.O. 2010, c.
22);
and as amended from time to time.
Dr. Gibb must post a clearly visible sign* effective January
1, 2018, in the waiting rooms and each examination and
consulting room, in all Practice Locations, which states as
follows:
IMPORTANT NOTICE
Dr. Gibb has agreed not to prescribe or administer any of the
following:
- Narcotic Drugs;
- Narcotic Preparations;
- Controlled Drugs;
- Benzodiazepines and Other Targeted Substances; and
- All other Monitored Drugs.
Further information may be found on the College of Physicians
and Surgeons of Ontario website at www.cpso.on.ca
D. CONSENT
(20) I, Dr. Gibb, undertake that I will submit to, and not interfere with,
unannounced inspections of my Practice Location(s) and patient charts by
the College and to any other activity the College deems necessary in
order to monitor my compliance with the provisions of this Undertaking.
(21) I, Dr. Gibb, give my irrevocable consent to the College to make
appropriate enquiries of OHIP, NMS, and 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.
(22) I, Dr. Gibb, acknowledge that I have executed the OHIP and NMS consent
forms, attached hereto as Schedule "F" and Schedule "G", respectively.
(23) I, Dr. Gibb, 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 any
information arising from the monitoring of my compliance with this
Undertaking.
Terms and conditions imposed on certificate by: Member