As from December 6, 2022, the following are imposed as terms, conditions and limitations on the certificate of registration held by Dr. Katherine Hon Chi Chu, in accordance with an undertaking and consent given by Dr. Chu to the College of Physicians and Surgeons of Ontario:
UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT
(“Undertaking”)
of
DR. KATHERINE HON CHI CHU
(“Dr. Chu”)
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. Chu, certificate of registration number 50409, am a member of the College.
(3) I, Dr. Chu, acknowledge that the College conducted an investigation bearing File Number CAS-333555-H9R0X5 (the “Investigation”) into whether I engaged in professional misconduct and/or am incompetent in my therapeutic abortion and infection prevention and control practices.
(4) I, Dr. Chu, acknowledge that, I am currently the subject of an interim Undertaking accepted by the ICR Committee in lieu of making an order under 25.4 of the Code, dated November 3, 2021 (“Interim Undertaking”). I acknowledge that once signed, this Undertaking replaces the Interim Undertaking.
B. UNDERTAKING
(5) I, Dr. Chu, undertake to abide by the provisions of this Undertaking, effective immediately.
(6) Practice Restrictions
(a) I, Dr. Chu, undertake that I will not perform any therapeutic abortions, pregnancy termination or evacuation of pregnancy, including retained products.
(b) I, Dr. Chu, undertake to cease reprocessing reusable medical equipment and to use in my practice only single-use devices or multi-use devices reprocessed by a certified third-party reprocessing service.
(7) Posting a Sign
(a) I, Dr. Chu, undertake that I shall post a sign in all waiting rooms, examination rooms and consulting rooms, in all my Practice Locations, in a clearly visible and secure location, at all times whether or not I am physically present at the Practice Location, in the form set out at Appendix “A.” For further clarity, this sign shall state as follows: “Dr. Chu must not perform any therapeutic abortions, pregnancy termination or evacuation of pregnancy, including retained products. Further information may be found on the College of Physician and Surgeons of Ontario website at www.cpso.on.ca”.
(b) I, Dr. Chu, undertake to post a certified translation in any language in which I provide services, of the sign described in section (7)(a) in all waiting rooms of all my Practice Locations, in a clearly visible and secure location, in the form set out at Appendix “A.”
(c) I, Dr. Chu, undertake to provide the certified translation described in section (7)(b), to the College within thirty (30) days of executing this Undertaking.
(d) I, Dr. Chu, undertake that if I elect, after the execution of this Undertaking, to provide services in any other language, I will notify the College prior to providing any such services.
(e) I, Dr. Chu, undertake to provide to the College the certified translation described in section (7)(b) prior to beginning to provide services in any language described in section (7)(d).
(8) Monitoring
(a) I, Dr. Chu, 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. Chu, 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. Chu, 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. Chu, acknowledge that I have executed the OHIP consent form, attached hereto as Appendix “B”.
C. ACKNOWLEDGEMENT
(9) I, Dr. Chu, acknowledge that all appendices attached to or referred to in this Undertaking form part of this Undertaking.
(10) I, Dr. Chu, 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.
(11) I, Dr. Chu, 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.
(12) I, Dr. Chu, 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”).
(13) I, Dr. Chu, 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.
(14) I, Dr. Chu, acknowledge that this Undertaking constitutes terms, conditions, and limitations on my certificate of registration for the purposes of section 23 of the Code.
(15) Public Register
(a) I, Dr. Chu, acknowledge that, during the time period that this Undertaking remains in effect, this Undertaking shall be posted on the Public Register.
(b) I, Dr. Chu, acknowledge that, in addition to this Undertaking being posted in accordance with section (15)(a) above, the following summary shall be posted on the Public Register during the time period that this Undertaking remains in effect:
A College investigation was conducted into whether Dr. Chu engaged in professional misconduct and/or was incompetent in her therapeutic abortion and infection prevention and control practices. As a result of the investigation:
Dr. Chu will not perform any therapeutic abortions, pregnancy termination or evacuation of pregnancy, including retained products;
Dr. Chu will cease reprocessing reusable medical equipment and use in her practice only single-use devices or multi-use devices reprocessed by a certified third-party reprocessing service.
Dr. Chu shall post a clearly visible sign in the waiting rooms, examination rooms and consulting rooms of all Practice Locations, which states as follows: “Dr. Chu must not perform any therapeutic abortions, pregnancy termination or evacuation of pregnancy, including retained products. Further information may be found on the College of Physicians and Surgeons of Ontario website at www.cpso.on.ca”.
D. CONSENT
(16) I, Dr. Chu, 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.
Terms and conditions imposed on certificate by: Member