(1 of 3)
As from November 25, 2020, the following are imposed as terms, conditions and limitations on the certificate of registration held by Dr. Ravi Kakar in accordance with an undertaking and consent given by Dr. Kakar to the College of Physicians and Surgeons of Ontario:
UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT
(“Undertaking”)
of
DR. RAVI KAKAR
(“Dr. Kakar”)
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. Kakar, certificate of registration number 56389, am a member of the College.
(3) I, Dr. Kakar, acknowledge that the College referred allegations of professional misconduct to the Discipline Committee by Notice of Hearing dated January 14, 2020.
(4) I, Dr. Kakar, acknowledge that I am the subject of a separate Order of the Discipline Committee dated December 12, 2016 (“Discipline Order”) whereby my practice is restricted to psychiatry only and to seeing no more than 18 patients per day.
B. UNDERTAKING
(5) I, Dr. Kakar, undertake to abide by the provisions of this Undertaking, effective immediately.
(6) Practice Restrictions
(a) I, Dr. Kakar, undertake that I will not prepare any third party reports, as defined in the College’s Third Party Reports policy, as may be amended from time to time.
(b) I, Dr. Kakar, undertake to refer all patients requiring a third party report back to their family physician, or, in the event that the patient does not have a family physician, to a qualified specialist for the purposes of having the third party report prepared. I, Dr. Kakar, further undertake to keep a copy of all correspondence with the patient’s family physician and/or qualified specialist relating to the referral in the corresponding patient chart.
(c) I, Dr. Kakar, undertake to keep a log of all requests for third party reports, and of my referral of the patient to their family physician or other qualified specialist as set out above (“Referral Log”), in the form attached as Appendix “A”, which shall be provided to the College at any time upon request.
(7) Notification of patients regarding restriction
(a) I, Dr. Kakar, undertake to ensure that every patient seen by me signs a copy of the notification set out in Appendix “B”, and that a copy of the signed notification is kept in the corresponding patient chart.
(b) I, Dr. Kakar, undertake to provide a certified translation of the notification described in (7)(a) in any language in which I provide services to the College within thirty (30) days of executing this Undertaking.
(c) I, Dr. Kakar, 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.
(d) I, Dr. Kakar, 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)(c).
(8) Monitoring
(a) I, Dr. Kakar, 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. Kakar, 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. Kakar, 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. Kakar, acknowledge that I have executed the OHIP consent form, attached hereto as Appendix “C”.
C. ACKNOWLEDGEMENT
(9) I, Dr. Kakar, acknowledge that all appendices attached to or referred to in this Undertaking form part of this Undertaking.
(10) I, Dr. Kakar, 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. Kakar, 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. Kakar, 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. Kakar, 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. Kakar, 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. Kakar, acknowledge that, during the time period that this Undertaking remains in effect, this Undertaking shall be posted on the Public Register.
(b) I, Dr. Kakar, 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. Kakar must not prepare any third party reports as defined in the College’s Third Party Reports policy, as may be amended from time to time.
Dr. Kakar shall refer all patients requiring a third party report back to their family physician or, in the event that the patient does not have a family physician, to a qualified specialist, for the purposes of having the third party report prepared.
D. CONSENT
(16) I, Dr. Kakar, 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 3)
As from 11:59 p.m., December 12, 2016, by order of the Discipline Committee of
the College of Physicians and Surgeons of Ontario, the following terms,
conditions and limitations are imposed on the certificate of registration held
by Dr. Ravi Kakar:
a. Dr. Kakar's practice shall be restricted to psychiatry only.
b. Dr. Kakar shall not see more than 18 patients in any 24-hour period. Dr.
Kakar will also maintain a log of all patient encounters in the form
attached to this Order as Appendix "A" (the "Patient Log") and will
submit the Patient Log to the College on a monthly basis until the
reassessment referred to in paragraph 6(vi) below has been completed, and
the results of the reassessment have been considered by the ICR
Committee. Thereafter, Dr. Kakar shall produce the Patient Log at any
time upon request of the College.
c. Dr. Kakar shall retain a College-approved clinical supervisor or
supervisors (the "Clinical Supervisor"), who will sign an undertaking in
the form attached hereto as Appendix "B." For a period of at least
twelve (12) months commencing on the date Dr. Kakar returns to practice
following the suspension of his certificate of registration, Dr. Kakar
may practise only under the supervision of the Clinical Supervisor and
will abide by all recommendations of his Clinical Supervisor with respect
to his practice, including but not limited to practice improvements,
practice management, third party report writing, and continuing
education. Clinical supervision of Dr. Kakar's practice may end after a
minimum of twelve (12) months, only upon the recommendation of the
Clinical Supervisor and, in its discretion, approval by the College.
Clinical supervision of Dr. Kakar's practice shall contain the following
elements:
i. Dr. Kakar shall facilitate review by the Clinical Supervisor of
fifteen (15) patient charts per month and will meet with the
Clinical Supervisor at least once a month to discuss his care of
patients; and
ii. Dr. Kakar will have all third party reports as defined in the
College Policy Third Party Reports, a copy of which is attached as
Appendix "C" to this Order, reviewed and approved by the Clinical
Supervisor before they are provided to the third party. Before Dr.
Kakar provides the report to the party requesting it, he must
ensure the Clinical Supervisor has approved and has indicated such
approval by personally affixing his/her signature on the report.
Dr. Kakar will also maintain a log with the name of each patient
for whom a third party report is requested, the date he saw the
patient, the date the report was sent to the Clinical Supervisor
for approval, the date it was approved by the Clinical Supervisor,
and the date it was sent to the third party, in the form attached
to this Order as Appendix "D" (the "Third Party Report Log"). Dr.
Kakar will provide the Third Party Report Log to the Clinical
Supervisor each time they meet. He will also provide the original
Third Party Log to the College upon request. This restriction will
remain in place until the reassessment referred to in paragraph
6(vi) below has been completed, and the results of the Reassessment
have been considered by the ICR Committee.
d. Dr. Kakar shall successfully complete and provide proof thereof to the
College within six (6) months of the date of the Order:
i. Education in ethics acceptable to the College; and
ii. Education in third party report writing acceptable to the
College.
e. If Dr. Kakar fails to retain a Clinical Supervisor as required above or
if, prior to completion of Clinical Supervision, the Clinical Supervisor
is unable or unwilling to continue in that role for any reason, Dr. Kakar
shall within twenty (20) days retain a new College-approved Clinical
Supervisor who will sign an undertaking in the form attached hereto as
Appendix "B," and shall cease to practise until the same has been
delivered to the College.
f. Approximately nine (9) months after the completion of Clinical
Supervision, Dr. Kakar shall undergo a reassessment of his practice (the
"Reassessment") by a College-appointed assessor (the "Assessor"). The
Reassessment may include a review of Dr. Kakar's patient charts, direct
observations and interviews with staff and/or patients, and any other
tools deemed necessary by the College. The Reassessment shall be at Dr.
Kakar's expense and he shall co-operate with all elements of the
Reassessment. Dr. Kakar shall abide by all recommendations made by the
Assessor subject to paragraph 6(vii) below, and the results of the
Reassessment will be reported to the College and may form the basis of
further action by the College.
g. If Dr. Kakar is of the view that any of the Assessor's recommendations
are unreasonable, he will have fifteen (15) days following his receipt of
the recommendations within which to provide the College with his
submissions in this regard. The Inquiries Complaints and Reports ("ICR")
Committee will consider those submissions and make a determination
regarding whether the recommendations are reasonable, and that decision
will be provided to Dr. Kakar. Following that decision Dr. Kakar will
abide by those recommendations of the Assessor that the ICR Committee has
determined are reasonable
h. Dr. Kakar shall consent to sharing of information among the Assessor, the
Clinical Supervisor, the College, and any education providers under
paragraph 6(iv) above as any of them deem necessary or desirable in order
to fulfill their respective obligations.
i. Dr. Kakar shall inform the College of each and every location where he
practises, in any jurisdiction (his "Practice Location(s)") within
fifteen (15) days of this Order and shall inform the College of any and
all new Practice Locations within fifteen (15) days of commencing
practice at that location.
j. Dr. Kakar shall cooperate with unannounced inspections of his practice
and patient charts by a College representative(s) for the purpose of
monitoring and enforcing his compliance with the terms of this Order.
k. Dr. Kakar shall consent to the College making appropriate enquiries of
the Ontario Health Insurance Plan and/or any person who or institution
that may have relevant information, in order for the College to monitor
and enforce his compliance with the terms of this Order.
l. Dr. Kakar shall be responsible for any and all costs associated with
implementing the terms of this Order.
m. Dr. Kakar shall comply with the College's Policy on Practice Management
Considerations for Physicians Who Cease to Practise, Take an Extended
Leave of Absence or Close Their Practice Due to Relocation, in respect of
his period of suspension, a copy of which is attached hereto as Appendix
"E".
(3 of 3)
As from October 23, 2013, the following is imposed as a term, condition and
limitation on the certificate of registration held by Dr. Ravi Kakar, in
accordance with an undertaking and consent given by Dr. Kakar to the College of
Physicians and Surgeons of Ontario:
Dr. Kakar's practice is restricted to the practice of psychiatry.
Terms and conditions imposed on certificate by: Discipline Committee