As from October 17, 2017, the following terms, conditions and limitations are
imposed on the certificate of registration held by Dr. Mark Ian Baily, in
accordance with an undertaking and consent Dr. Baily has given to the College
of Physicians and Surgeons of Ontario:
UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT
("Undertaking")
of
DR. MARK IAN BAILY
("Dr. Baily")
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 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;
"QAC" means the Quality Assurance Committee of the College.
(2) I, Dr. Baily, certificate of registration number 33654, am a member of
the College. I acknowledge that concerns have been identified with
respect to my obesity medicine practice.
B. UNDERTAKING
(3) I, Dr. Baily, undertake to abide by the provisions of this Undertaking,
effective immediately ("Effective Date").
(4) Practice Restrictions
(a) I, Dr. Baily, undertake that I will not engage in the practice of
obesity medicine.
(5) I, Dr. Baily, 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.
(6) I, Dr. Baily, 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. ACKNOWLEDGEMENT
(7) I, Dr. Baily, acknowledge that all appendices attached to or referred to
in this Undertaking form part of this Undertaking.
(8) I, Dr. Baily, 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.
(9) I, Dr. Baily, 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.
(10) I, Dr. Baily, acknowledge that the College will provide this Undertaking
to any Chief of Staff, or a colleague with similar responsibilities, at
any Practice Location ("Chief(s) of Staff").
(11) I, Dr. Baily, 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 Committee.
(12) I, Dr. Baily, acknowledge that this Undertaking constitutes terms,
conditions, and limitations on my certificate of registration for the
purposes of section 23 of the Code.
(13) Public Register
(a) I, Dr. Baily, acknowledge that, during the time period that this
Undertaking remains in effect, this Undertaking shall be posted on
the Public Register.
(b) I, Dr. Baily, acknowledge that, in addition to this Undertaking
being posted in accordance with section (13)(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. Baily's obesity
medicine practice. As a result, Dr. Baily has agreed not to
practise obesity medicine.
D. CONSENT
(14) I, Dr. Baily, 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.
(15) I, Dr. Baily, acknowledge that I have executed the OHIP consent form,
attached hereto as Appendix "A" and that the consent forms part of this
Undertaking.
(16) I, Dr. Baily, give my irrevocable consent to the College to provide all
Chief(s) of Staff with any information arising from the monitoring of my
compliance with this Undertaking.
(17) I, Dr. Baily, 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.
Terms and conditions imposed on certificate by: Member