As from March 27, 2019, the following is imposed as terms, conditions and limitations on the certificate of registration held by Dr. Assefa Fersha Noza,
in accordance with an undertaking and consent given by Dr. Noza to the College of Physicians and Surgeons of Ontario:
UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT
("Undertaking")
of
DR. ASSEFA FERSHA NOZA
("Dr. Noza")
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 Committee" means the Discipline Committee of the College;
"ICR Committee" means 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. Noza, certificate of registration number 73450, am a member of the
College.
(3) I, Dr. Noza, acknowledge that the College referred to the Discipline
Committee allegations that I engaged in professional misconduct in a
Notice of Hearing dated March 21, 2018.
B. UNDERTAKING
(4) I, Dr. Noza, undertake to abide by the provisions of this Undertaking,
effective March 27, 2019 ("Effective Date").
(5) Practice Restrictions
(a) I, Dr. Noza, undertake that I shall not conduct any breast, pelvic,
or rectal examination of any patient, of any age, in any
jurisdiction, unless the examination takes place in the continuous
presence and under the continuous observation of a monitor who is a
regulated health professional acceptable to the College (the
"Practice Monitor"), and unless the other requirements provided in
this Undertaking are fulfilled.
(b) I, Dr. Noza, acknowledge that I have reviewed the Practice
Monitor's undertaking, attached hereto as Appendix "A" and
understand what is required of the Practice Monitor including, but
not limited to:
1. providing reports (as described in the Practice Monitor's
undertaking) to the College on at least a monthly basis;
2. remaining present at all times during all breast, pelvic, or
rectal examinations I conduct with any patient;
3. carefully observing all breast, pelvic, or rectal
examinations I conduct with any patient. I further
acknowledge my obligation to ensure the Practice Monitor's
view of all breast, pelvic, or rectal examinations I conduct
is unobstructed at all times;
4. refraining from performing any other functions, except those
required in the Practice Monitor's undertaking attached as
Appendix "A", while observing me conduct any breast, pelvic,
or rectal examination;
5. maintaining a log of all breast, pelvic, or rectal
examinations I conduct with patients in the form attached to
this Undertaking as Appendix "B" (the "Log");
6. initialing all corresponding entries in the records of
patients noted in the Log; and
7. submitting the original Log to the College on a monthly
basis.
(c) I, Dr. Noza, undertake to maintain an up to date copy of the Log by
ensuring a copy is made at the end of each business day, and to
make it available to the College upon request.
(6) I, Dr. Noza, undertake to inform the College of each and every location
that I practise or have privileges including, but not limited to
hospitals, clinics, offices, and any 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.
(7) Posting a Sign
(a) I, Dr. Noza, undertake that I shall post a sign in all waiting
rooms, examination rooms and consulting rooms, in all of my
Practice Locations, in a clearly visible and secure location, in
the form set out in Appendix "C" that states: "Dr. Noza has agreed
not to conduct any breast, pelvic, or rectal examination of any
patient, of any age, in any jurisdiction, unless in the continuous
presence and under the continuous observation of a practice monitor
acceptable to the College of Physicians and Surgeons of Ontario.
Further information may be found on the College website at
www.cpso.on.ca".
(b) I, Dr. Noza, undertake to post a certified translation in any
language in which I provide services, of the sign described in
section (7)(a), in all waiting rooms, examination rooms and
consulting rooms, in all of my Practice Locations, in a clearly
visible and secure location, in the form set out at Appendix "C."
(c) I, Dr. Noza, undertake to provide the certified translation
described in section (7)(b), to the College within thirty (30) days
of executing this Undertaking.
(d) I, Dr. Noza, 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. Noza, undertake to provide to the College the certified
translation(s) described in section (7)(b) prior to providing
services in any language described in section (7)(d).
(8) Notifying Patients
(a) I, Dr. Noza, undertake to ensure that each patient with whom I
intend to conduct a breast, pelvic, or rectal examination is
directly notified prior to the examination, of the details of the
restriction described in section (5)(a), above.
(b) With respect to patients with whom I have appointments that are
scheduled at least seven (7) days in advance, I, Dr. Noza,
undertake to ensure that each patient is directly notified, within
seven (7) days after the appointment is scheduled, of the details
of the restriction described in section 5(a), above.
C. ACKNOWLEDGEMENT
(9) I, Dr. Noza, acknowledge that all appendices attached to or referred to
in this Undertaking form part of this Undertaking.
(10) I, Dr. Noza, 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. Noza, 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. Noza, 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").
(13) I, Dr. Noza, acknowledge that a breach 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.
(14) I, Dr. Noza, 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. Noza, acknowledge that, during the time period that this
Undertaking remains in effect, this Undertaking shall be being
posted on the Public Register.
(b) I, Dr. Noza, 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. Noza shall not conduct any breast, pelvic, or rectal
examination of any patient, of any age, in any jurisdiction,
unless in the continuous presence and under the continuous
observation of a practice monitor who is a regulated health
professional acceptable to the College of Physicians and
Surgeons of Ontario, and unless the other requirements
provided in Dr. Noza's Undertaking with the College are
fulfilled.
Dr. Noza shall post a sign in all waiting rooms, examination
rooms and consulting rooms, in all Practice Locations, in a
clearly visible and secure location, that states: "Dr. Noza
has agreed not to conduct any breast, pelvic, or rectal
examination of any patient, of any age, in any jurisdiction,
unless in the continuous presence and under the continuous
observation of a practice monitor acceptable to the College
of Physicians and Surgeons of Ontario. Further information
may be found on the College website at www.cpso.on.ca".
D. CONSENT
(16) I, Dr. Noza, 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.
(17) I, Dr. Noza, acknowledge that I have executed the OHIP consent form,
attached hereto as Appendix "D".
(18) I, Dr. Noza, consent to submit and not interfere with, unannounced
inspections of my Practice Locations and to the inspection of patient
records by the College and to any other activity the College deems
necessary in order to monitor my compliance with the provisions of this
Undertaking.
(19) I, Dr. Noza, give my irrevocable consent to the College to provide the
following information to all Practice Monitors:
(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.
(20) I, Dr. Noza, give my irrevocable consent to all Practice Monitors to
disclose to the College, and to one another, any of the following:
(a) any information relevant to this Undertaking;
(b) any information relevant to the provisions of the Practice
Monitor's undertaking set out at Appendix "A";
(c) any information relevant for the purposes of monitoring my
compliance with this Undertaking.
(21) I, Dr. Noza, 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.
(22) I, Dr. Noza, give my irrevocable consent to all Chiefs of Staff to
disclose to the College, and to one another, any information relevant to
this Undertaking and/or relevant for the purposes of monitoring my
compliance with this Undertaking.
Terms and conditions imposed on certificate by: Member
