As from April 1, 2025, the following is imposed as a term, condition and limitation on the certificate of registration held by Dr. Silvia Raquel Margarita Gaytan-Garcia Graham in accordance with an undertaking and consent given by Dr. Gaytan-Garcia Graham to the College of Physicians and Surgeons of Ontario:
UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT
(“Undertaking”)
of
DR. SILVIA RAQUEL MARGARITA GAYTAN-GARCIA GRAHAM
(“Dr. Gaytan-Garcia Graham”)
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;
“CPD” means continuing professional development;
“Discipline Tribunal” means the Ontario Physicians and Surgeons Discipline Tribunal 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. Gaytan-Garcia Graham, certificate of registration number 60547 am a member of the College. I acknowledge that the College has inquired into my compliance with the requirement to participate in a program of CPD.
(3) I, Dr. Gaytan-Garcia Graham, have ceased to practice medicine due to retirement and I am entering into this Undertaking as an alternative to complying with the CPD requirement under section 29 of Ontario Regulation 114/94 (made under the Medicine Act, 1991).
B. UNDERTAKING
(4) I, Dr. Gaytan-Garcia Graham, undertake to abide by the provisions of this Undertaking, effective immediately.
(5) I, Dr. Gaytan-Garcia Graham, acknowledge that, other than in Ontario, I am not currently registered to practise medicine in any other jurisdiction, and I further acknowledge that I currently do not have any outstanding applications for registration to practice medicine in any jurisdiction.
(6) I, Dr. Gaytan-Garcia Graham, undertake that, effective immediately, I will not practise medicine in any jurisdiction until each and every one of the following conditions have been met:
(a) I provide a minimum of forty-five (45) days’ notice to the College of my intent to return to the practice of medicine;
(b) I provide the College with proof that I am participating in a program of CPD that meets the requirements for CPD of the Royal College of Physicians and Surgeons of Canada, the College of Family Physicians of Canada, or an organization that has been approved by the College for that purpose that meets the requirements for CPD set by the Royal College of Physicians and Surgeons of Canada or the College of Family Physicians of Canada; and
(c) The College approves my return to the practice of medicine.
(7) I, Dr. Gaytan-Garcia Graham, acknowledge that I do not have an active OHIP billing number, and I undertake to provide proof of same to the College.
(8) I, Dr. Gaytan-Garcia Graham, undertake to abide by the College’s Policy on Closing a Medical Practice.
C. ACKNOWLEDGEMENTS
(9) I, Dr. Gaytan-Garcia Graham, acknowledge that all appendices attached to or referred to in this Undertaking form part of this Undertaking.
(10) I, Dr. Gaytan-Garcia Graham, acknowledge that in considering my request to return to practice, the College may, among other things:
(a) request that I agree to specified terms, limitations or conditions being placed upon my certificate of registration; and
(b) request that I enter into an appropriate assessment and/or monitoring agreement with the College.
(11) I, Dr. Gaytan-Garcia Graham, acknowledge 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. Gaytan-Garcia Graham, 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.
(13) I, Dr. Gaytan-Garcia Graham, 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.
(14) I, Dr. Gaytan-Garcia Graham, 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. Gaytan-Garcia Graham, acknowledge that, during the time period that this Undertaking remains in effect, this Undertaking shall be posted on the Public Register.
(b) I, Dr. Gaytan-Garcia Graham, 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:
Rather than completing the continuing professional development required of all members, Dr. Gaytan-Garcia Graham has voluntarily ceased to practise medicine in any jurisdiction and therefore cannot see any patients or provide any medical advice or services.
D. CONSENT
(16) I, Dr. Gaytan-Garcia Graham, give my irrevocable consent to the College to make appropriate enquiries of OHIP 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.
(17) I, Dr. Gaytan-Garcia Graham, acknowledge that I have executed the OHIP consent form, attached hereto as Appendix “A” and that the consent forms part of this Undertaking.
Terms and conditions imposed on certificate by: Member