As from September 14, 2018, the following is imposed as a term, condition and
limitation on the certificate of registration held by Dr. Stephen Michael
Coutts in accordance with an undertaking and consent given by Dr. Coutts to
the College of Physicians and Surgeons of Ontario:
UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT
("Undertaking")
of
DR. STEPHEN MICHAEL COUTTS
("Dr. Coutts")
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;
"NMS" means the Drug Program Services Branch, the Narcotics Monitoring
System implemented under the Narcotics Safety and Awareness Act, 2010,
S.O. 2010, c. 22, as amended;
"OHIP" means the Ontario Health Insurance Plan;
"Public Register" means the College's register that is available to the
public.
(2) I, Dr. Coutts, certificate of registration number 61463, am a member of
the College.
(3) I, Dr. Coutts, acknowledge that the College received information and
initiated an investigation bearing File Number 7216238 (the
"Investigation") into whether I failed to maintain the standard of
practice of the profession and/or am incompetent in my prescribing of
controlled substances, including narcotics.
B. UNDERTAKING
(4) I, Dr. Coutts, undertake to abide by the provisions of this Undertaking,
effective immediately.
(5) Practice Restrictions
(a) I, Dr. Coutts, undertake that I shall not prescribe methadone.
(6) Monitoring
(a) I, Dr. Coutts, undertake to inform the College of each and every
location where 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 ten (10) days of executing this Undertaking. Going forward,
I further undertake to inform the College of any and all new
Practice Locations within ten (10) days of commencing practice at
that location.
(b) I, Dr. Coutts, 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. Coutts, give my irrevocable consent to the College to make
appropriate enquiries of OHIP, NMS 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. Coutts, acknowledge that I have executed the OHIP and NMS
consent forms, attached hereto as Appendix "A" and Appendix "B",
respectively.
C. ACKNOWLEDGEMENT
(7) I, Dr. Coutts, acknowledge that all appendices attached to or referred to
in this Undertaking form part of this Undertaking.
(8) I, Dr. Coutts, 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.
(9) I, Dr. Coutts, 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.
(10) I, Dr. Coutts, 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").
(11) I, Dr. Coutts, 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.
(12) I, Dr. Coutts, acknowledge that this Undertaking constitutes terms,
conditions, and limitations on my certificate of registration for the
purposes of section 23 of the Code.
(13) Public Register
(a) I, Dr. Coutts, acknowledge that, during the time period that this
Undertaking remains in effect, this Undertaking shall be posted on
the Public Register.
(b) I, Dr. Coutts, acknowledge that, in addition to this Undertaking
being posted in accordance with section (13)(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 about Dr. Coutts'
prescribing of controlled substances, including narcotics.
Based on the information received, the College conducted an
investigation into whether Dr. Coutts failed to maintain the
standard of practice of the profession and/or was incompetent
in his prescribing of controlled substances, including
narcotics.
As a result of the investigation, Dr. Coutts has ceased to
prescribe methadone.
D. CONSENT
(14) I, Dr. Coutts, 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.