As from November 10, 2020, the following are imposed as terms, conditions and limitations on the certificate of registration held by Dr. David Michael O'Brien in accordance with an undertaking and consent given by Dr. O'Brien to the College of Physicians and Surgeons of Ontario:
UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT
(“Undertaking”)
of
DR. DAVID MICHAEL O’BRIEN
(“Dr. O’Brien”)
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 the 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.
(2) I, Dr. O’Brien, certificate of registration number 51578, am a member of the College.
(3) I, Dr. O’Brien, acknowledge that the College has received information in File Number 1114031 (the “Investigation”) that raises concerns about my standard of practice and competence in hospital-based obstetrics.
(4) I, Dr. O’Brien, acknowledge that I entered into an Undertaking with the College dated February 27, 2020 (the “February 2020 Undertaking”).
(5) I, Dr. O’Brien, acknowledge that this Undertaking is in addition to the February 2020 Undertaking and does not replace it. The February 2020 Undertaking remains in force until its terms have been satisfied.
B. UNDERTAKING
(6) I, Dr. O’Brien, undertake to abide by the provisions of this Undertaking, effective immediately.
(7) Practice Restrictions
(a) I, Dr. O’Brien, undertake that I will not engage in the practice of obstetrics in any hospital in any jurisdiction for patients at twenty (20) or more weeks of gestation.
(8) Monitoring
(a) I, Dr. O’Brien, 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.
(b) I, Dr. O’Brien, 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. O’Brien, 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. O’Brien, acknowledge that I have executed the OHIP consent form, attached hereto as Appendix “A”.
C. ACKNOWLEDGEMENT
(9) I, Dr. O’Brien, acknowledge that all appendices attached to or referred to in this Undertaking form part of this Undertaking.
(10) I, Dr. O’Brien, 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. O’Brien, 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. O’Brien, 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. O’Brien, 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.
(14) I, Dr. O’Brien, 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. O’Brien, acknowledge that, during the time period that this Undertaking remains in effect, this Undertaking shall be posted on the Public Register.
(b) I, Dr. O’Brien, 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:
The College received information that raises concerns about Dr. O’Brien’s standard of practice and competence in hospital-based obstetrics. As a result, Dr. O’Brien must not engage in the practice of obstetrics in any hospital in any jurisdiction for patients at twenty (20) or more weeks of gestation.
D. CONSENT
(16) I, Dr. O’Brien, 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
