(1 of 3)
As from February 28, 2024 by order of the Ontario Physicians and Surgeons Discipline Tribunal, the following terms, conditions and limitations are imposed on the certificate of registration held by Dr. Waldemar Jacek Kozerawski:
i. Dr. Kozerawski, at his own expense, will participate in the PROBE Ethics &Boundaries Program offered by the Centre for Personalized Education for Professionals, by receiving a passing evaluation or grade, without condition or qualification. Dr. Kozerawski will complete the PROBE program within six (6) months of the date of this Order, or it is not available within that timeframe, will complete it at the earliest opportunity. He will provide proof to the College of his completion, including proof of registration and attendance and participant assessment reports, within one (1) month of completion.
(2 of 3)
Effective August 12, 2019, Dr. Kozerawski shall cease prescribing cannabis until such time as he obtains a College approved clinical supervisor.
(3 of 3)
As from November 2, 2020, the following terms, conditions and limitations are imposed on the certificate of registration held by Dr. Kozerawski in accordance with an undertaking and consent given by Dr. Kozerawski to the College of Physicians and Surgeons of Ontario:
UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT
(“Undertaking”)
of
DR. WALDEMAR JACEK KOZERAWSKI
(“Dr. Kozerawski”)
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. Kozerawski, certificate of registration number 51496, am a member of the College.
(3) I, Dr. Kozerawski, acknowledge that I entered into an Undertaking with the College dated April 11, 2019 (“the 2019 Undertaking”) in which I agreed to undergo remediation in Cannabis prescribing, billing for uninsured services, record keeping and ethics. I acknowledge that the remediation in regards to Cannabis prescribing required under the 2019 Undertaking was not completed, and I ceased to prescribe Cannabis on August 12, 2019. In lieu of completing the terms of the 2019 Undertaking, I am entering into this Undertaking and I agree that this Undertaking replaces the 2019 Undertaking.
B. UNDERTAKING
(4) I, Dr. Kozerawski, undertake to abide by the provisions of this Undertaking, effective immediately.
(5) Practice Restriction
(a) I, Dr. Kozerawski, undertake that I will cease all practice relating to Cannabis, as defined in the Cannabis Act, S.C. 2018, c. 16, and regulations made thereunder, including, without limiting the generality of this restriction,
(i) The prescription, dispensing or administration of Cannabis;
(ii) Signing medical documents pursuant to the Cannabis Regulations, SOR/2018-144, or any equivalent documents pursuant to such statutues or regulations as may be in effect from time to time (collectively “Cannabis documents”), or participating in any way in the preparation, issuance or support of Cannabis documents, except for the sole and limited purpose of referring patients to other healthcare providers;
(iii) Any counselling, assessment or treatment of patients that in any way relates to Cannabis, except for the sole purposes of referring patients to other healthcare providers for such counselling, assessment or treatment.
(6) I, Dr. Kozerawski, undertake that should I wish to return to any practice relating to Cannabis, I will ensure that 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 return to Cannabis practice;
(ii) The ICR Committee approves my return to Cannabis practice; and
(iii) I engage in a remediation plan approved by the College which includes, at a minimum, three months of Clinical Supervision in Cannabis prescribing and a reassessment of my practice, together with any other requirements that may be applicable at the time of my return.
(7) I, Dr. Kozerawski, undertake to comply with the College’s Ensuring Competence: Changing Scope of Practice and/or Re-entering Practice policy, and to complete any additional remediation that may be required by the College in considering my return to Cannabis prescribing.
(8) I, Dr. Kozerawski, undertake to inform the College of each and every location at which I practise or have privileges, including, but not limited to, any hospitals, clinics, offices, and any 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.
(9) Posting a Sign
(a) I, Dr. Kozerawski, undertake that I shall post a sign in all waiting rooms in all my Practice Locations, in a clearly visible and secure location, in the form set out at Appendix “A”. For further clarity, this sign shall state as follows:
IMPORTANT NOTICE
Dr. Kozerawski is prohibited from practising in relation to Cannabis, including:
(i) The prescription, dispensing or administration of Cannabis;
(ii) Signing medical documents pursuant to the Cannabis Regulations, SOR/2018-144, or any equivalent documents, or participating in any way in the preparation, issuance or support of Cannabis documents, except for the sole and limited purpose of referring patients to other healthcare providers;
(iii) Any counselling, assessment or treatment of patients that in any way relates to Cannabis, except for the sole purposes of referring patients to other healthcare providers for such counselling, assessment or treatment.
Further information may be found on the College of Physicians and Surgeons of Ontario website at www.cpso.on.ca
(b) I, Dr. Kozerawski, undertake to post a certified translation in any language in which I provide services, of the sign described in section (8)(a) above, in all waiting rooms in all my Practice Locations, in a clearly visible and secure location, in the form set out at Appendix “A”.
(c) I, Dr. Kozerawski, undertake to provide the certified translation described in section (8)(b), to the College within thirty (30) days of executing this Undertaking.
(d) I, Dr. Kozerawski, 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. Kozerawski, undertake to provide to the College the certified translation described in section (8)(c) prior to beginning to provide services in any language described in section (8)(d).
C. ACKNOWLEDGEMENT
(10) I, Dr. Kozerawski, acknowledge that all schedules attached to or referred to in this Undertaking form part of this Undertaking.
(11) I, Dr. Kozerawski, 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.
(12) I, Dr. Kozerawski, 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.
(13) I, Dr. Kozerawski, 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”).
(14) I, Dr. Kozerawski, 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.
(15) I, Dr. Kozerawski, acknowledge that this Undertaking constitutes terms, conditions, and limitations on my certificate of registration for the purposes of section 23 of the Code.
(16) Public Register
(a) I, Dr. Kozerawski, acknowledge that, during the time period that this Undertaking remains in effect, this Undertaking shall be posted on the Public Register.
(b) I, Dr. Kozerawski, 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:
Dr. Kozerawski entered into an undertaking with the College dated April 11, 2019, in which he agreed to undergo remediation in Cannabis prescribing, billing for uninsured services, ethics and record keeping. In lieu of completing the terms of the April 11, 2019 undertaking, Dr. Kozerawski ceased prescribing Cannabis on August 12, 2019 and has agreed to cease all practice relating to Cannabis until certain conditions are met.
Dr. Kozerawski must post a clearly visible sign in the waiting rooms of all Practice Locations, which states as follows:
IMPORTANT NOTICE
Dr. Kozerawski is prohibited from practicing in relation to Cannabis, including:
(i) The prescription, dispensing or administration of Cannabis;
(ii) Signing medical documents pursuant to the Cannabis Regulations, SOR/2018-144, or any equivalent documents, or participating in any way in the preparation, issuance or support of Cannabis documents, except for the sole and limited purpose of referring patients to other healthcare providers;
(iii) Any counselling, assessment or treatment of patients that in any way relates to Cannabis, except for the sole purposes of referring patients to other healthcare providers for such counselling, assessment or treatment.
Further information may be found on the College of Physicians and Surgeons of Ontario website at www.cpso.on.ca
D. CONSENT
(17) I, Dr. Kozerawski, undertake that I will submit to, and not interfere with, unannounced inspections of my Practice Locations 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.
(18) I, Dr. Kozerawski, 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.
(19) I, Dr. Kozerawski, acknowledge that I have executed the OHIP and NMS consent forms, attached hereto as Appendix “B” and Appendix “C”, respectively.
(20) I, Dr. Kozerawski, 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 any information arising from the monitoring of my compliance with this Undertaking.
Terms and conditions imposed on certificate by: Member
