(1 of 2)
As from August 16, 2024, the following is imposed as terms, conditions and limitations on the certificate of registration held by Dr. Miah Hahn, in accordance with an undertaking and consent given by Dr. Hahn to the College of Physicians and Surgeons of Ontario:
UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT
(“Undertaking”)
of
DR. MIAH HAHN
(“Dr. Hahn”)
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;
“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. Hahn, certificate of registration number 59311, am a member of the College.
(3) I, Dr. Hahn, acknowledge that the College conducted an investigation bearing File Number CAS-437117-B7N1N6 (the “Investigation”) into whether I engaged in professional misconduct and/or am incompetent in my orthopedic surgery practice.
(4) I, Dr. Hahn, acknowledge that I am currently subject to an undertaking with the College dated January 25, 2017 (“the January 2017 undertaking”) in which I underwent remediation and agreed not to engage in the operative treatment of children for developmental dysplasia of the hip ("DDH surgery").
(5) I, Dr. Hahn, acknowledge that my hospital practice is currently limited to Scarborough Health Network (SHN) and I do not have privileges at any other hospital.
B. UNDERTAKING
(6) I, Dr. Hahn, undertake to abide by the provisions of this Undertaking, effective immediately (“Effective Date”).
(7) Practice Restrictions
(a) I, Dr. Hahn, undertake that the entirety of my scope of practice in any hospital will be limited in the following ways:
(i) I shall only practise medicine as a surgical assistant of a surgeon:
1. certified by the Royal College of Physicians and Surgeons or recognized as a surgical specialist by the College; and
2. who holds privileges at SHN, or another hospital, (collectively, a “Qualified Surgeon”); and
(ii) for further clarity, but without limiting the generality of section (7)(a)(i) above:
1. I will not provide any pre-operative or post-operative care other than duties to facilitate patient care as directed and supervised by a Qualified Surgeon; and
2. a Qualified Surgeon must always be physically in attendance when I am engaging in my practice as a surgical assistant.
(b) I, Dr. Hahn, undertake that I will not engage in any practice of medicine in any hospital that is not expressly and specifically listed in section (7)(a) above.
(8) Compliance and Monitoring
(a) I, Dr. Hahn, 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. Hahn, 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.
(c) I, Dr. Hahn, acknowledge that I have executed the OHIP consent form, attached hereto as Appendix “A”.
(d) I, Dr. Hahn, undertake that I will submit to, and not interfere with, unannounced inspections of my Practice Locations and/or patient charts by a College representative for the purposes of monitoring my compliance with the provisions of this Undertaking.
C. ACKNOWLEDGEMENT
(9) I, Dr. Hahn, acknowledge that all appendices attached to or referred to in this Undertaking form part of this Undertaking.
(10) I, Dr. Hahn, 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. Hahn, 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. Hahn, acknowledge that the College will provide this Undertaking to any Qualified Surgeon and any Chief of Staff, or a colleague with similar responsibilities, at any Practice Location (“Chief of Staff” or “Chiefs of Staff”).
(13) I, Dr. Hahn, 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.
(14) I, Dr. Hahn, 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. Hahn, acknowledge that, during the time period that this Undertaking remains in effect, this Undertaking shall be posted on the Public Register.
(b) I, Dr. Hahn, 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. Hahn engaged in professional misconduct and/or was incompetent in the practice of orthopedic surgery. As a result of the investigation, Dr. Hahn has agreed to restrict her hospital practise to acting as a surgical assistant under the direction of a qualified surgeon.
D. CONSENT
(16) I, Dr. Hahn, give my irrevocable consent to the College to provide all Qualified Surgeons and all Chiefs of Staff with any of the following:
(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.
(17) I, Dr. Hahn, give my irrevocable consent to all Qualified Surgeons and all Chiefs of Staff to disclose to the College, and to one another, all information relevant to this Undertaking and/or relevant for the purposes of monitoring my compliance with this Undertaking.
(2 of 2)
As from January 25, 2017, the following is imposed as terms, conditions and limitations on the certificate of registration held by Dr. Miah Hahn, in accordance with an undertaking and consent given by Dr. Hahn to the College of Physicians and Surgeons of Ontario:
UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT
("Undertaking")
of
DR. MIAH HAHN
("Dr. Hahn")
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;
"ICR Committee" means the Inquiries, Complaints and Reports 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. Hahn, certificate of registration number 59311, am a member of the College. The College has received information regarding my standard of practice.
(3) I, Dr. Hahn, acknowledge that the College initiated an investigation bearing File Number 7214935 (the "Investigation") into whether I engaged in professional misconduct and/or am incompetent in my pediatric orthopedic surgery practice.
B. UNDERTAKING
(4) I, Dr. Hahn, undertake to abide by the provisions of this Undertaking, effective immediately.
(5) Practice Restriction
(a) I, Dr. Hahn, undertake that I will not engage in any of the following areas of practice:
(i) Operative treatment of children for Developmental Dysplasia of the Hip ("DDH surgery").
(6) Clinical Supervision
(a) I, Dr. Hahn, undertake to practise under the guidance of a clinical supervisor(s) acceptable to the College (the "Clinical Supervisor(s)"), for twelve (12) months ("Clinical Supervision").
(b) I, Dr. Hahn, acknowledge that I have reviewed the Clinical Supervisor(s)'s undertaking, attached hereto as Appendix "A", and understand what is required of the Clinical Supervisor(s). The Clinical Supervisor(s) will, at minimum:
(i) Facilitate the education program set out in the Individualized Education Plan ("IEP") attached as Appendix "B";
(ii) High-level supervision: For a period of four (4) weeks, the Clinical Supervisor will engage in a period of high-level supervision, during which time:
i. I shall not be the Most Responsible Physician ("MRP") for any patient; and
ii. the Clinical Supervisor will directly observe my performance of all procedures.
(iii) The Clinical Supervisor shall reconsider the need for high-level supervision after the first four (4) weeks of my Clinical Supervision, and at the beginning of every month thereafter for so long as the period of moderate supervision continues. If the Clinical Supervisor believes that I am ready to practise under moderate supervision, he/she shall provide the College with a report addressing the practise concerns raised in the report of the Medical Inspector, received July 27, 2016. The College must agree to the transition to the next phase, based on the reports of the Clinical Supervisor;
(iv) Moderate-level supervision: For a period of a further eleven (11) months, the Clinical Supervisor will engage in a period of moderate-level supervision, during which time the Clinical Supervisor will meet with me at my Practice Location, or another location approved by the College, on a monthly basis to;
i. review a minimum of fifteen (15) to twenty (20) of my patient records and discuss any issues or concerns arising therefrom; and
ii. discuss any concerns the Clinical Supervisor may have arising from the chart reviews or the direct observations:
(c) I, Dr. Hahn, acknowledge that the charts reviewed shall be selected by the Clinical Supervisor(s) based on the educational needs identified in the IEP set out at Appendix "B" to my Undertaking, as well as the areas of concern identified in the report of the Medical Inspector, received July 27, 2016, and concerns that may arise during the period of Clinical Supervision.
(d) I, Dr. Hahn, undertake to cooperate fully with the Clinical Supervision of my practice, conducted under the term of this Undertaking and Appendix "A" attached, and to abide by the recommendations of my Clinical Supervisor(s), including but not limited to, any recommended practice improvements and ongoing professional development.
(e) I, Dr. Hahn, 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.
(f) I, Dr. Hahn, 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 ndertaking 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.
(g) I, Dr. Hahn, agree that if I am unable to obtain a Clinical Supervisor on the provisions set out under sections (6)(e) and/or (f) above, I will cease practising medicine until such time as I have obtained a Clinical Supervisor acceptable to the College.
(h) I, Dr. Hahn, agree that if I am required to cease practise as a result of section (6)(g) 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.
(7) Professional Education
(a) I, Dr. Hahn, undertake to participate in and successfully complete all aspects of the detailed IEP, attached hereto as Appendix "B", including all of the following professional education (the "Professional Education"):
(i) ProBE: Ethics & Boundaries Program - Canada;
(ii) Individualized one-on-one instruction satisfactory to the College, with respect to the issues of concern raised in the report of the Medical Inspector, received July 27, 2016, with an instructor selected by the College; and
(iii) any additional professional education recommended by my Clinical Supervisor(s).
(b) I, Dr. Hahn, undertake to provide proof to the College of my successful completion of the Professional Education, including proof of registration and attendance and participant assessment reports, within one (1) month of completing it. I acknowledge that the College will determine, in its sole discretion, whether I have successfully completed the Professional Education.
(c) I, Dr. Hahn, acknowledge that a report or reports may be provided to the College regarding my progress and compliance with the Professional Education.
(d) I, Dr. Hahn, undertake to complete this requirement by within three months of executing this undertaking, or, if no satisfactory program is available by that time, by the first possible opportunity thereafter.
(8) Reassessment of Practice
(a) I, Dr. Hahn, undertake that, approximately three (3) months after the completion of the Clinical Supervision set out in section (3) above and Appendix "A" attached, I will submit to a Reassessment of my practice ("the Reassessment") by an assessor or assessors selected by the College (the "Assessor(s)"). I acknowledge and agree that the Reassessment may include a chart review, direct observation of my care, interviews with colleagues and co-workers, feedback from patients and any other tools deemed necessary by the College.
(b) I, Dr. Hahn, undertake to co-operate fully with the Reassessment, conducted under the term of this Undertaking, and to abide by those recommendations of the Assessor(s) that are approved by the ICR Committee.
(c) I, Dr. Hahn, acknowledge and agree that my Clinical Supervisor(s) may receive and review the findings of the Assessor(s), and may discuss with the Assessor(s) any issues or concerns arising from the Reassessment. I also acknowledge that the results of the Reassessment will be provided to me and reported to the College and the report may form the basis of further action by the College.
(d) I, Dr. Hahn, understand and agree that if I am of the view that any of the Assessor(s)'s recommendations are unreasonable, I will have thirty (30) days following my receipt of the recommendations within which to provide the College with my submissions in this regard. I further understand and agree that thereafter, the ICR Committee will consider my submissions and make a determination regarding whether or not the recommendations, or any of them, are reasonable and if so, whether they, or any of them, constitute limitations or restrictions on my practice, and that decision will be provided to me.
(e) I, Dr. Hahn, undertake that, following the decision referenced in section (8)(d) above, I will abide by those recommendations of the Assessor(s) that the ICR Committee has determined are reasonable.
(f) I, Dr. Hahn, hereby consent to any of the following being included on the public register as terms, conditions or limitations on my certificate of registration, for the purposes of section 23 of the code:
(i) any recommendations of the Assessor(s) which are terms, conditions or limitations on my practice;
ii) any recommendations of the Assessor(s) which the ICR Committee has identified in its decision referenced in section (8)(d) as terms, conditions or limitations on my practice.
(9) Monitoring
(a) I, Dr. Hahn, undertake to inform the College of each and every location that I practise or have privileges, including, but not limited to, hospital(s), clinic(s) and office(s), in any jurisdiction (collectively my "Practice Location(s)"), 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. Hahn, undertake and agree that I will submit to, and not interfere with, unannounced inspections of my Practice Location(s) and patient records by a College representative for the purposes of monitoring my compliance with the provisions of this Undertaking.
(c) I, Dr. Hahn, 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. Hahn, acknowledge that I have executed the OHIP consent form(s), attached hereto as Appendix "C".
C. ACKNOWLEDGEMENT
(10) I, Dr. Hahn, acknowledge that all appendices attached to or referred to in this Undertaking form part of this Undertaking.
(11) I, Dr. Hahn, 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. Hahn, 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. Hahn, acknowledge that the College will provide this Undertaking to any Chief of Staff, or a colleague with similar responsibilities, at any Practice Location ("Chief(s) of Staff").
(14) I, Dr. Hahn, 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 of the College.
(15) I, Dr. Hahn, 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. Hahn, acknowledge that, during the time period that this Undertaking remains in effect, this Undertaking shall be posted on the Public Register.
(b) I, Dr. Hahn, 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. Hahn was the subject of a College investigation into whether she engaged in professional misconduct and/or is incompetent in her pediatric orthopedic surgery practice. As a result of the investigation:
Dr. Hahn will practise under the guidance of a Clinical Supervisor acceptable to the College for 12 months.
Dr. Hahn will engage in professional education in ethics and boundaries, and areas of clinical concern.
Dr. Hahn's practice will be reassessed by an assessor selected by the College within 3 months of the end of the period of Clinical Supervision.
D. CONSENT
(17) I, Dr. Hahn, 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 set out in section (6) above and to all Clinical Supervisors, and/or Assessors.
(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. Hahn, give my irrevocable consent to the College to provide all Chief(s) 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. Hahn, give my irrevocable consent to any person who facilitates my completion of the professional education set out in section (6) above, and to all Clinical Supervisors, Chiefs of Staff and Assessors, to disclose to the College, and to one another, any information:
(a) relevant to this Undertaking;
(b) relevant to the provisions of the Clinical Supervisor's undertaking set out at Appendix "A";
(c) relevant to the Reassessment;
(d) relevant for the purposes of monitoring my compliance with this Undertaking; and/or
(e) which comes to his or her attention in the course of providing the professional education set out in section (6) above and which he or she reasonably believes indicates a potential risk of harm to my patients.
Terms and conditions imposed on certificate by: Member
