As from September 12th, 2024, the following is imposed as a term, condition and limitation on the certificate of registration held by Dr. Joseph Park, in accordance with an undertaking and consent given by Dr. Park to the College of Physicians and Surgeons of Ontario:
UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT
(“Undertaking”)
of
DR. JOSEPH PARK
(“Dr. Park”)
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;
“ICRC” means the Inquiries, Complaints and Reports Committee of the College;
“IEP” means “Individualized Education Plan”;
“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. Park, certificate of registration number 58816, am a member of the College.
(3) I, Dr. Park, acknowledge that following concerns about my standard of practice in anesthesiology, I entered into an undertaking dated February 1, 2018 (“the February 2018 undertaking”) in which I agreed to restrict my clinical anesthesiology practice to patients classified as ASA 1, 2 or 3, with certain exceptions.
(4) I, Dr. Park, acknowledge that I am entering this Undertaking further to my request to also provide anesthesia care to scheduled patients with physical class status ASA 4 and priority 3B non-elective patients requiring surgery within 24-48 hours of booking, in addition to ASA 1, 2, or 3 patients.
(5) I, Dr. Park, acknowledge that once signed, this Undertaking replaces and supersedes the February 2018 undertaking.
B. UNDERTAKING
(6) I, Dr. Park, undertake to abide by the provisions of this Undertaking, effective immediately.
(7) Practice Restriction
(a) I, Dr. Park, undertake that I shall restrict my clinical anesthesiology practice to:
i. scheduled surgeries or unscheduled, non-emergent surgeries for patients classified as ASA 1, 2, 3, or 4, in operating rooms at hospitals in which I have privileges, excluding:
(i) emergent cases;
(ii) cardiac, neuro-surgical, vascular and obstetric cases; and
ii. academic settings only.
(b) For greater certainty, these restrictions do not apply to my acute and chronic pain management practice.
(8) Clinical Supervision
(a) I, Dr. Park, undertake to practise under the guidance of a clinical supervisor or clinical supervisors acceptable to the College (the “Clinical Supervisor” or “Clinical Supervisors”), for at least six (6) months (“Clinical Supervision”). Clinical Supervision will only end upon the approval of the College.
(b) I, Dr. Park, undertake to remain free of any conflict of interest with the Clinical Supervisor.
(c) I, Dr. Park, acknowledge that I have reviewed the Clinical Supervisor’s undertaking attached hereto as Appendix “A”, and understand what is required of the Clinical Supervisor.
(d) I, Dr. Park, undertake to practice under the following terms of Clinical Supervision:
Phase 1
(i) I, Dr. Park, acknowledge that for a minimum of three (3) months, my Clinical Supervisor will supervise my provision of anesthesia care to scheduled patients with physical class status ASA 4;
(ii) I, Dr. Park, acknowledge that during Phase 1, my Clinical Supervisor will, at minimum:
1. review all ASA 4 patients with me at least one (1) day prior to administering anesthesia;
2. be immediately available onsite to assist at all times;
3. review all ASA 4 cases with me upon completion;
4. meet with me once every two (2) weeks to discuss challenging cases, provide feedback and/or recommendations for practice improvement;
5. Submit a written report to the College once every month, or more frequently if the Clinical Supervisor has concerns about my standard of practice.
Phase 2
(iii) I, Dr. Park, acknowledge that after a minimum of three (3) months of Phase 1, if my Clinical Supervisor recommends and the College approves a transition to Phase 2 of Clinical Supervision, my Clinical Supervisor will supervise, in addition to ASA 4 patients, my provision of anesthesia care to ASA priority 3B non-elective patients requiring surgery within 24-48 hours of booking (“ASA priority 3B patients”), as well as my on-call cases;
(iv) I, Dr. Park, acknowledge that during Phase 2, my Clinical Supervisor will, at minimum:
1. continue to review all ASA 4 patients with me at least one (1) day prior to administering anesthesia;
2. review all ASA priority 3B patients with me prior to administering anesthesia;
3. be immediately available onsite to assist at all times;
4. review all ASA 4 and ASA priority 3B cases with me upon completion;
5. oversee my participation in anesthesia on-call cases and review my documentation for all on-call cases;
6. meet with me once every two (2) weeks to discuss challenging cases, provide feedback and/or recommendations for practice improvement;
7. report to the College once every month, or more frequently if the Clinical Supervisor has concerns about my standard of practice.
(e) I, Dr. Park, undertake to cooperate fully with the Clinical Supervision of my practice, conducted under the term of this Undertaking and Appendix “A” to this Undertaking, and to abide by the recommendations of my Clinical Supervisor, including but not limited to, any recommended practice improvements and ongoing professional development.
(f) I, Dr. Park, undertake to ensure that Appendix “A” to this Undertaking is signed and delivered to the College within thirty (30) days of the date I execute this Undertaking.
(g) I, Dr. Park, undertake that if a person who has given an undertaking in Appendix “A” to this Undertaking is unable or unwilling to continue to fulfill its provisions, I shall, within twenty (20) days of receiving notice of same, obtain an executed undertaking in the same form from a similarly qualified person who is acceptable to the College and ensure that it is delivered to the College within that time.
(h) I, Dr. Park, undertake that if I am unable to obtain a Clinical Supervisor on the provisions set out under sections (8)(f) and/or (g) above, I will cease providing anesthesia care to ASA 4 and ASA priority 3B patients until such time as I have obtained a Clinical Supervisor acceptable to the College.
(i) I, Dr. Park, acknowledge that if I am required to cease practise as a result of section (8)(h) above this will constitute a term, condition or limitation on my certificate of registration and that term, condition or limitation will be included on the public register.
(9) Monitoring
(a) I, Dr. Park, 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. Park, undertake that I will submit to, and not interfere with, unannounced inspections of my Practice Locations and patient records by a College representative for the purposes of monitoring my compliance with the provisions of this Undertaking.
(c) I, Dr. Park, 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. Park, acknowledge that I have executed the OHIP consent form, attached hereto as Appendix “C”.
C. ACKNOWLEDGEMENT
(10) I, Dr. Park, acknowledge that all appendices attached to or referred to in this Undertaking form part of this Undertaking.
(11) I, Dr. Park, 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. Park, 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. Park, 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. Park, 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 of the College.
(15) I, Dr. Park, 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. Park, acknowledge that, during the time period that this Undertaking remains in effect, this Undertaking shall be posted on the Public Register.
(b) I, Dr. Park, acknowledge that, in addition to this Undertaking being posted in accordance with section (16)(a) above, the following summary shall be posted on the Public Register during the time period that this Undertaking remains in effect:
Dr. Park entered into an Undertaking dated February 1, 2018 in which he agreed to restrict his clinical anesthesiology practice to patients classified as ASA 1, 2 or 3, with certain exceptions. Dr. Park has requested to also provide anesthesia care to scheduled patients with physical class status ASA 4 and priority 3B non-elective patients requiring surgery within 24-48 hours of booking. As a result:
Dr. Park will practise under the guidance of a Clinical Supervisor acceptable to the College in respect to his provision of anesthesia care to patients with physical class status ASA 4 and priority 3B non-elective patients requiring surgery within 24-48 hours of booking for a minimum of 6 months.
D. CONSENT
(17) I, Dr. Park, give my irrevocable consent to the College to provide the following information to any person who requires this information for the purposes of facilitating my completion of the Professional Education and to all Clinical Supervisors:
(a) any information the College has that led to the circumstances of my entering into this Undertaking;
(b) any information arising from any investigation into, or assessment of, my practice; and
(c) any information arising from the monitoring of my compliance with this Undertaking.
(18) I, Dr. Park, 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.
(19) I, Dr. Park, give my irrevocable consent to any persons who facilitate my completion of the Professional Education, and to all Clinical Supervisors, and Chiefs of Staff, to disclose to the College, and to one another, any of the following:
(a) any information relevant to this Undertaking;
(b) any information relevant to the provisions of the Clinical Supervisor’s undertaking set out at Appendix “A” to this Undertaking;
(c) any information relevant for the purposes of monitoring my compliance with this Undertaking; and/or
(d) any information which comes to their attention in the course of providing the Professional Education and which they reasonably believe indicates a potential risk of harm to my patients.
Terms and conditions imposed on certificate by: Member
