(1 of 2)
As from March 25, 2025, the following is imposed as a term, condition and limitation on the certificate of registration held by Dr. Mark Ian Baily in accordance with an undertaking and consent given by Dr. Baily 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 Tribunal” means the Ontario Physicians and Surgeons Discipline Tribunal of the College;
“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. Baily, certificate of registration number 33654, am a member of the College.
3. I, Dr. Baily, acknowledge that following a public complaint and the receipt of other information by the College, the College conducted investigations bearing File Numbers CAS-408675-L6R9L5 and CAS-430142-J5S1Y1 (the “Investigations”) into my delegation of controlled acts and supervision practices at a cosmetic spa. I, Dr. Baily, acknowledge that I am entering into this Undertaking, in lieu of completing a specified continuing education or remediation program (“SCERP”) dated October 2, 2024.
4. I, Dr. Baily, acknowledge that I entered into a previous Undertaking with the College effective October 17, 2017 (the "2017 Undertaking") in which I agreed not to practice obesity medicine. This Undertaking is in addition to, and does not replace, the 2017 Undertaking.
B. UNDERTAKING
5. I, Dr. Baily, undertake to abide by the provisions of this Undertaking, effective immediately.
6. Practice Restrictions
a. I, Dr. Baily, undertake that:
i. I will not delegate the performance of any controlled acts to any person, including but not limited to: performing procedures below the dermis; administering a substance by injection; and prescribing or dispensing a drug;
ii. I will not apply to act as medical director in any Out-of-Hospital Premises; and
iii. I will not act as a medical director at any clinic. For greater clarity, I will not:
1. provide day-to-day supervision or oversight of staff in any clinic;
2. oversee the quality of care or safety related to care provided by other clinicians in any clinic; or
3. represent myself or hold myself out as a medical director at any clinic, including by acting as an agent of any clinic in dealing with any other party, including patients, staff or businesses.
b. I, Dr. Baily, acknowledge that this Undertaking remains in effect unless and until the College agrees to release me from it or vary its terms. I further acknowledge that in considering any request to release me from or vary the terms of this Undertaking, the College may require me to complete the terms of the SCERP dated October 17, 2024, as a condition of releasing me from or varying the terms of this Undertaking.
7. Monitoring
a. I, Dr. Baily, 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. Baily, undertake to provide the College with copies of any written contracts relating to my employment at or independent contracting and/or consulting services provided to any clinic. If I am employed by or providing services at a clinic and no written contract exists, I undertake to provide the College with a written summary of any verbal contract.
c. 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.
d. 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.
e. I, Dr. Baily, acknowledge that I have executed the OHIP consent form, attached hereto as Appendix “A”.
C. ACKNOWLEDGEMENT
8. I, Dr. Baily, acknowledge that all appendices attached to or referred to in this Undertaking form part of this Undertaking.
9. 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.
10. 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.
11. 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 of Staff” or “Chiefs of Staff”).
12. 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 a referral of specified allegations to the Discipline Tribunal.
13. 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.
14. 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 (14)(a) above, the following summary shall be posted on the Public Register during the time period that this Undertaking remains in effect:
College investigations were conducted into Dr. Baily’s delegation of controlled acts and supervision at a cosmetic spa. As a result, Dr. Baily has agreed not to:
• Delegate the performance of any controlled acts to any person, including but not limited to: performing procedures below the dermis; administering a substance by injection; and prescribing or dispensing a drug; and
• Apply to act as medical director in any Out-of-Hospital Premises; or
• Act as a medical director at any clinic. For greater clarity, Dr. Baily will not:
o provide day-to-day supervision or oversight of staff in any clinic;
o oversee the quality of care or safety related to care provided by other clinicians in any clinic; or
o represent himself or hold himself out as a medical director at any clinic, including by acting as an agent of any clinic in dealing with any other party, including patients, staff or businesses.
D. CONSENT
15. I, Dr. Baily, 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.
(2 of 2)
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 2to 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