As from June 5, 2016, the following is imposed as a term, condition and limitation on the certificate of registration held by Dr. Arthur Kwok-Kwong Chiu in accordance with an undertaking and consent given by Dr. Chiu to the College of Physicians and Surgeons of Ontario:
UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT
(“Undertaking”)
of
DR. ARTHUR KWOK-KWONG CHIU
(“Dr. Chiu”)
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;
“NMS” means the Drug Program Services Branch, the Narcotics Monitoring System implemented under the Narcotics Safety and Awareness Act, 2010;
“OHIP” means the Ontario Health Insurance Plan.
(2) I, Dr. Chiu, certificate of registration number 66149, am a member of the College. The College has received information regarding my standard of practice.
(3) I, Dr. Chiu, acknowledge that the College initiated an investigation bearing File Number 7214764 (the “Investigation”) into my standard of practice.
B. UNDERTAKING
(4) I, Dr. Chiu, acknowledge and agree that I am bound by this Undertaking from the date on which I sign it.
(5) Practice Restrictions
(a) I, Dr. Chiu, undertake that, effective immediately, I will not perform Thyroid or Parathyroid surgery.
(6) Clinical Supervision
(a) I, Dr. Chiu, undertake to practise under the guidance of a clinical supervisor(s) acceptable to the College (the “Clinical Supervisor(s)”), who has signed an undertaking in the form attached at Appendix “B” to this Undertaking, and to participate in an educational program under the guidance of the Clinical Supervisor as outlined below and as further described in the education plan attached as Appendix “A” to this Undertaking:
Phase 1 – High Level Supervision
i) For a minimum of six weeks, Dr. Chiu will meet with the Clinical Supervisor weekly.
ii) The Clinical Supervisor will review a minimum of 10 charts a week and will report to the College after four weeks.
iii) During the first month there will be a minimum of 1 full day of observation each week.
Phase 2 – Moderate Level Supervision
iv) After a minimum of six weeks of high level supervision, if the Clinical Supervisor recommends and the College approves, Dr. Chiu will practise under moderate supervision.
v) The moderate supervision will last for a minimum of six weeks, during which the Clinical Supervisor and Dr. Chiu will meet every two weeks and will review a minimum of 10 charts every meeting, with a report to the College once a month.
Phase 3 – Low Level Supervision
vi) After a minimum of six weeks of moderate supervision, if the Clinical Supervisor recommends and the College approves, Dr. Chiu will practise under low level supervision.
vii) The low level supervision will last for a minimum of six months, during which the Clinical Supervisor will meet with Dr. Chiu and review 10 of Dr. Chiu's charts monthly and report to the College once every three months.
viii) After a minimum of six months of low-level supervision, if the Clinical Supervisor recommends and the College approves, Dr. Chiu's Clinical Supervision will terminate.
(b) I, Dr. Chiu, acknowledge that I have reviewed the Clinical Supervisor(s) Undertaking attached hereto as Appendix “B”, and understand what is required of the Clinical Supervisor(s), including reports to the College.
(c) I, Dr. Chiu, shall fully cooperate with the education facilitated by the Clinical Supervisor as set out in this Undertaking and Appendix “A” attached, and to abide by any recommendations of my Clinical Supervisor(s), including but not limited to any recommended practice improvements and any recommendations that I participate in further educational opportunities.
(d) I, Dr. Chiu, undertake to ensure that Appendix “B” to this Undertaking is signed and delivered to the College within thirty (30) days of the date I execute this Undertaking.
(e) I, Dr. Chiu, undertake that if a person who has given an undertaking in Appendix “B” to this Undertaking is unable or unwilling to continue to fulfill its terms, 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.
(f) I, Dr. Chiu, agree that if I am unable to obtain a Clinical Supervisor on the terms set out under B(6)(d) and/or B(6)(e) above, I will cease practising medicine until such time as I have obtained a Clinical Supervisor acceptable to the College.
(g) I, Dr. Chiu, agree that if I am required to cease practice as a result of paragraph B(6)(f) above this will constitute a term, condition or limitation on my Certificate of Registration and said term, condition and limitation will be included on the public register.
(7) Professional Education
(a) I, Dr. Chiu, undertake to participate in and successfully complete the following professional education:
(i) all aspects of the detailed IEP, attached hereto as Appendix “A”; and
(ii) any additional professional education recommended by my Clinical Supervisor(s).
(b) I, Dr. Chiu, acknowledge that a report or reports may be provided to the College regarding my progress and compliance with the professional education set out in section (7)(a).
(8) Reassessment of Practice
(a) I, Dr. Chiu, undertake that, approximately six (6) months after the completion of the Clinical Supervision set out in section (6) above and Appendix “B” 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. Chiu, 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. Chiu, 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. Chiu, 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. Chiu, 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. Chiu, 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. Chiu, 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 fifteen (15) days of executing this Undertaking. Going forward, I further undertake to inform the College of any and all new Practice Locations within fifteen (15) days of commencing practice at that location.
(b) I, Dr. Chiu, 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. Chiu, 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. Chiu, acknowledge that I have executed the OHIP consent form(s), attached hereto as Appendix “C”.
(10) I, Dr. Chiu, undertake to comply with this Undertaking and 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.
C. ACKNOWLEDGEMENT
(11) I, Dr. Chiu, acknowledge that all appendices attached to or referred to in this Undertaking form part of this Undertaking.
(12) I, Dr. Chiu, 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.
(13) I, Dr. Chiu, acknowledge and confirm 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. Chiu, acknowledge that this entire Undertaking constitutes terms, conditions, and limitations on my certificate of registration for the purposes of section 23 of the Code. I understand that this Undertaking shall be information on the College’s Register that is available to the public during the time period that the Undertaking remains in effect.
(15) I, Dr. Chiu acknowledge that the following summary will appear on the College’s Register that is available to the public during the time period that this Undertaking remains in effect:
Dr. Chiu was the subject of a College investigation into his standard of practice. As a result of the investigation:
• Dr. Chiu must not perform thyroid or parathyroid surgery
• Dr. Chiu will practise under the guidance of a Clinical Supervisor acceptable to the College for a minimum of nine months.
• Dr. Chiu’s practice will be reassessed by an assessor selected by the College within 6 months of the end of the period of Clinical Supervision.
D. CONSENT
(16) I, Dr. Chiu, 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 (7) 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.
(17) I, Dr. Chiu, give my irrevocable consent to the College to provide this Undertaking to any Chief(s) of Staff, or a colleague with similar responsibilities approved by the College, at any Practice Location (“Chief(s) of Staff”), and to provide said 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.
(18) I, Dr. Chiu, give my irrevocable consent to any person who facilitates my completion of the professional education set out in section (7) 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 “B”;
(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 (7) 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
