(1 of 2)
As from February 19, 2020, by order of the Discipline Committee of the College
of Physicians and Surgeons of Ontario, the following term, condition and
limitation is imposed on the certificate of registration held by Dr. Robert
John Ghali:
(i) Dr Ghali shall comply with the College Policy "Closing a Medical
Practice"
(2 of 2)
As from November 30, 2018, the following is imposed as a term, condition and
limitation on the certificate of registration held by Dr. Robert John Ghali, in
accordance with an undertaking and consent given by Dr. Ghali to the College of
Physicians and Surgeons of Ontario:
UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT
("Undertaking")
of
DR. ROBERT JOHN GHALI
("Dr. Ghali")
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. Ghali, certificate of registration number 70287, am a member of
the College. The College has received information regarding my capacity
to practice.
(3) I, Dr. Ghali, acknowledge that I entered into an undertaking effective
December 8, 2017 not to practice medicine until certain conditions were
met. This undertaking supersedes the December 8, 2017 undertaking.
B. UNDERTAKING
(4) I, Dr. Ghali, undertake to abide by the provisions of this Undertaking,
effective immediately.
(5) Resignation of Prescribing Privileges
(a) I, Dr. Ghali, acknowledge that I will execute the Prescribing
Resignation Letter to Health Canada, effective immediately, which
is attached hereto as Schedule "A" (the "Resignation Letter").
(b) I, Dr. Ghali, consent to the College sending the Resignation Letter
to Health Canada on my behalf.
(c) I, Dr. Ghali, undertake that, effective immediately, I will not
issue new prescriptions or renew existing prescriptions for or
administer any of the following substances:
(i) Narcotic Drugs (from the Narcotic Control Regulations made
under the Controlled Drugs and Substances Act, S.C., 1996, c.
19);
(ii) Narcotic Preparations (from the Narcotic Control Regulations
made under the Controlled Drugs and Substances Act, S.C.,
1996, c. 19);
(iii) Controlled Drugs (from Part G of the Food and Drug
Regulations under the Food and Drugs Act, S.C., 1985, c.
F-27);
(iv) Benzodiazepines and Other Targeted Substances (from the
Benzodiazepines and Other Targeted Substances Regulations
made under the Controlled Drugs and Substances Act., S.C.,
1996, c. 19);
(A summary of the above-named drugs [from Appendix I to the
Compendium of Pharmaceuticals and Specialties] is attached hereto
as Schedule "B"; and the current regulatory lists are attached
hereto as Schedule "C")
(v) All other Monitored Drugs (as defined under the Narcotics
Safety and Awareness Act, 2010, S.O. 2010, c. 22 as noted in
Schedule "D");
and as amended from time to time.
(6) I, Dr. Ghali, 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.
(7) Posting a Sign
(a) I, Dr. Ghali, undertake that I shall post a sign in the waiting
room(s) and in each examination and consulting room, in all my
Practice Locations, in a clearly visible and secure location, in
the form set out at Schedule "E." For further clarity, this sign
shall state as follows:
IMPORTANT NOTICE
Dr. Ghali has agreed not to prescribe or administer any of the
following:
- Narcotic Drugs
- Narcotic Preparations
- Controlled Drugs
- Benzodiazepines and Other Targeted Substances
- All other Monitored Drugs
Further information may be found on the College of Physicians and
Surgeons of Ontario website at www.cpso.on.ca
(b) I, Dr. Ghali, undertake to post a certified translation in any
language in which I provide services, of the sign described in
section (7)(a) above, in the waiting room(s) and in each
examination and consulting room, in all my Practice Locations, in a
clearly visible and secure location, in the form set out at
Schedule "E."
(c) I, Dr. Ghali, undertake to provide the certified translation(s)
described in section (7)(b), to the College within thirty (30) days
of executing this Undertaking.
(d) I, Dr. Ghali, undertake that if I elect, after the execution of
this Undertaking, to provide services in any other language(s), I
will notify the College prior to providing any such services.
(e) I, Dr. Ghali, undertake to provide to the College the certified
translation(s) described in section (7)(c) prior to beginning to
provide services in the language(s) described in section (7)(d).
C. ACKNOWLEDGEMENT
(8) I, Dr. Ghali, acknowledge that all schedules attached to or referred to
in this Undertaking form part of this Undertaking.
(9) I, Dr. Ghali, 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.
(10) I, Dr. Ghali, 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.
(11) I, Dr. Ghali, acknowledge that the College will provide this Undertaking
to any Chief(s) of Staff, or a colleague(s) with similar
responsibilities, at any Practice Location ("Chief(s) of Staff").
(12) I, Dr. Ghali, 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.
(13) I, Dr. Ghali, acknowledge that this Undertaking constitutes terms,
conditions, and limitations on my certificate of registration for the
purposes of section 23 of the Code.
(14) Public Register
(a) I, Dr. Ghali, acknowledge that, during the time period that this
Undertaking remains in effect, this Undertaking shall be posted on
the Public Register.
(b) I, Dr. Ghali, acknowledge that, in addition to this Undertaking
being posted in accordance with section (14)(a) above, the
following summary shall be posted on the Public Register during the
time period that this Undertaking remains in effect:
Dr. Ghali must not issue new prescriptions or renew existing
prescriptions for or administer any of the following
substances:
(i) Narcotic Drugs (from the Narcotic Control Regulations
made under the Controlled Drugs and Substances Act,
S.C., 1996, c. 19);
(ii) Narcotic Preparations (from the Narcotic Control
Regulations made under the Controlled Drugs and
Substances Act, S.C., 1996, c. 19);
(iii) Controlled Drugs (from Part G of the Food and Drug
Regulations under the Food and Drugs Act, S.C., 1985,
c. F-27);
(iv) Benzodiazepines and Other Targeted Substances (from the
Benzodiazepines and Other Targeted Substances
Regulations made under the Controlled Drugs and
Substances Act., S.C., 1996, c. 19);
(v) All other Monitored Drugs (as defined under the
Narcotics Safety and Awareness Act, 2010, S.O. 2010, c.
22);
and as amended from time to time.
Dr. Ghali must post a clearly visible sign in the waiting
rooms and each examination and consulting room, in all
Practice Locations, which states as follows:
IMPORTANT NOTICE
Dr. Ghali has agreed not to prescribe or administer any of
the following:
- Narcotic Drugs
- Narcotic Preparations
- Controlled Drugs
- Benzodiazepines and Other Targeted Substances
- All other Monitored Drugs
Further information may be found on the College of Physicians
and Surgeons of Ontario website at www.cpso.on.ca
D. CONSENT
(15) I, Dr. Ghali, undertake that I will submit to, and not interfere with,
unannounced inspections of my Practice Location(s) and patient charts by
the College and to any other activity the College deems necessary in
order to monitor my compliance with the provisions of this Undertaking.
(16) I, Dr. Ghali, give my irrevocable consent to the College to make
appropriate enquiries of OHIP, NMS, 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. Ghali, acknowledge that I have executed the OHIP and NMS consent
forms, attached hereto as Schedule "F" and Schedule "G", respectively.
(18) I, Dr. Ghali, 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 any information
arising from the monitoring of my compliance with this Undertaking.
Terms and conditions imposed on certificate by: Member