As from March 29, 2019, the following is imposed as terms, conditions and
limitations on the certificate of registration held by Dr. Andrew Gomez Vargas,
in accordance with an undertaking and consent given by Dr. Gomez Vargas to the
College of Physicians and Surgeons of Ontario:
UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT
("Undertaking")
of
DR. ANDREW GOMEZ VARGAS
("Dr. Gomez Vargas")
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;
"Public Register" means the College's register that is available to the
public.
(2) I, Dr. Gomez Vargas, certificate of registration number 86291, am a
member of the College.
(3) I, Dr. Gomez Vargas, acknowledge that following a public complaint, the
College conducted an investigation bearing File Number 1103750 (the
"Investigation") into whether I engaged in professional misconduct and/or
am incompetent in my neurology practice.
B. UNDERTAKING
(4) I, Dr. Gomez Vargas, undertake to abide by the provisions of this
Undertaking, effective immediately.
(5) Clinical Supervision
(a) I, Dr. Gomez Vargas, undertake to practise under the guidance of a
clinical supervisor or clinical supervisors acceptable to the
College (the "Clinical Supervisor" or "Clinical Supervisors"), for
six (6) months ("Clinical Supervision").
(b) I, Dr. Gomez Vargas, acknowledge that I have reviewed the Clinical
Supervisor's undertaking, attached hereto as Appendix "A", and
understand what is required of the Clinical Supervisor. The
Clinical Supervisor will, at minimum:
(i) Facilitate the education program set out in the
Individualized Education Plan ("IEP"), attached hereto as
Appendix "B";
(ii) Review the materials provided by the College and have an
initial meeting to discuss practice improvement
recommendations;
(iii) Meet with me at my Practice Location, or another location
approved by the College, once every two (2) weeks for at
least of three (3) months ("Moderate- Level Supervision"),
thereafter to be reduced to once every month, if recommended
by my Clinical Supervisor and approved by the College ("Low-
Level Supervision");
(iv) Engage in direct supervision of three (3) patient encounters
at each visit during the period of Moderate-Level
Supervision. Direct observation of patient encounters may
continue during the period of Low-Level Supervision, at the
discretion of the Clinical Supervisor;
(v) Review at least fifteen (15) of my patient charts at every
meeting;
(vi) Discuss any concerns arising from the chart reviews;
(vii) Make recommendations to me for practice improvements and
ongoing professional development and inquire into my
compliance with the recommendations;
(viii)Perform any other duties, such as reviewing other documents
or conducting interviews with staff or colleagues, that the
Clinical Supervisor deems necessary to my Clinical
Supervision; and
(ix) Submit written reports to the College at least once every
month, or more frequently if the Clinical Supervisor has
concerns about my standard of practice.
(c) I, Dr. Gomez Vargas, acknowledge that the charts reviewed shall be
selected by the Clinical Supervisor based on the educational needs
identified in the IEP, attached hereto as Appendix "B", and
concerns that may arise during the period of Clinical Supervision.
(d) I, Dr. Gomez Vargas, undertake to cooperate fully with the Clinical
Supervision of my practice, conducted under the term of this
Undertaking and Appendix "A" to this Undertaking, and to abide by
the recommendations of my Clinical Supervisor, including but not
limited to, any recommended practice improvements and ongoing
professional development.
(e) I, Dr. Gomez Vargas, undertake to ensure that Appendix "A" to this
Undertaking is signed and delivered to the College within thirty
(30) days of the date I execute this Undertaking.
(f) I, Dr. Gomez Vargas, undertake that if a person who has given an
undertaking in Appendix "A" to this Undertaking is unable or
unwilling to continue to fulfill its provisions, 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.
(g) I, Dr. Gomez Vargas, undertake that if I am unable to obtain a
Clinical Supervisor on the provisions set out under sections (5)(e)
and/or (f) above, I will cease practising medicine until such time
as I have obtained a Clinical Supervisor acceptable to the College.
(h) I, Dr. Gomez Vargas, acknowledge that if I am required to cease
practise as a result of section (5)(g) above this will constitute a
term, condition or limitation on my certificate of registration and
that term, condition or limitation will be included on the public
register.
(6) Professional Education
(a) I, Dr. Gomez Vargas, undertake to participate in and successfully
complete all aspects of the detailed IEP, attached hereto as
Appendix "B", including all of the following professional education
(the "Professional Education"):
(i) a program or programs satisfactory to the College in:
1. medical record keeping; and
2. successful patient interactions;
(ii) review and written summary of:
1. Infection control guidelines;
2. CPSO Policy on Medical Records;
3. The Practice Guide;
4. CMPA Good Practice Guide on Communication;
5. CPSO Policy on Physician Behaviour in the Professional
Environment;
6. CPSO Policy on Consent to Treatment;
7. CPSO Policy on Uninsured Services: Billing and Block
Fees; and
(iii) any additional professional education recommended by my
Clinical Supervisor.
(b) I, Dr. Gomez Vargas, undertake to provide proof to the College of
my successful completion of the Professional Education, including
proof of registration and attendance and participant assessment
reports, within one (1) month of completing it. I acknowledge that
the College will determine, in its sole discretion, whether I have
successfully completed the Professional Education.
(c) I, Dr. Gomez Vargas, undertake to complete this requirement by July
15, 2019.
(d) I, Dr. Gomez Vargas, acknowledge that a report or reports may be
provided to the College regarding my progress and compliance with
the Professional Education.
(7) Reassessment of Practice
(a) I, Dr. Gomez Vargas, undertake that, approximately six (6) months
after the completion of the Clinical Supervision set out in section
(5) above and Appendix "A" to this Undertaking, I will submit to a
reassessment of my practice ("the Reassessment") by an assessor or
assessors selected by the College (the "Assessor" or "Assessors").
I acknowledge 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. Gomez Vargas, undertake to co-operate fully with the
Reassessment, conducted under the term of this Undertaking.
(c) I, Dr. Gomez Vargas, acknowledge that my Clinical Supervisor may
receive and review the findings of the Assessor, and may discuss
with the Assessor any issues or concerns arising from the
Reassessment.
(d) I, Dr. Gomez Vargas, acknowledge that the results of the
Reassessment will be provided to me and reported to the College and
the Reassessment may form the basis of further action by the
College.
(8) Monitoring
(a) I, Dr. Gomez Vargas, undertake to inform the College of each and
every location at which 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 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.
(b) I, Dr. Gomez Vargas, undertake that I will submit to, and not
interfere with, unannounced inspections of my Practice Locations
and patient records by a College representative for the purposes of
monitoring my compliance with the provisions of this Undertaking.
(c) I, Dr. Gomez Vargas, 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. Gomez Vargas, acknowledge that I have executed the OHIP and
NMS consent forms, attached hereto as Appendix "C" and Appendix
"D", respectively.
C. ACKNOWLEDGEMENT
(9) I, Dr. Gomez Vargas, acknowledge that all appendices attached to or
referred to in this Undertaking form part of this Undertaking.
(10) I, Dr. Gomez Vargas, 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. Gomez Vargas, 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. Gomez Vargas, 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. Gomez Vargas, 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.
(14) I, Dr. Gomez Vargas, 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. Gomez Vargas, acknowledge that, during the time period that
this Undertaking remains in effect, this Undertaking shall be
posted on the Public Register.
(b) I, Dr. Gomez Vargas, 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:
Following a public complaint, a College investigation was
conducted into whether Dr. Gomez Vargas engaged in
professional misconduct and/or is incompetent in the practice
of neurology. As a result of the investigation:
Dr. Gomez Vargas will practise under the guidance of a
Clinical Supervisor acceptable to the College for 6 months.
Dr. Gomez Vargas will engage in professional education in
medical record-keeping, successful patient interactions,
infection control, communication, physician behaviour in the
professional environment, consent to treatment, and billing
for uninsured services.
Dr. Gomez Vargas's practice will be reassessed by an assessor
selected by the College within 6 months of the end of the
period of Clinical Supervision.
(c) I, Dr. Gomez Vargas, acknowledge that this Undertaking remains in
effect until the College determines its terms are satisfied.
D. CONSENT
(16) I, Dr. Gomez Vargas, 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 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. Gomez Vargas, 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.
(18) I, Dr. Gomez Vargas, give my irrevocable consent to any persons who
facilitate my completion of the Professional Education, and to all
Clinical Supervisors, Chiefs of Staff and Assessors, 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 Clinical
Supervisor's undertaking set out at Appendix "A" to this
Undertaking;
(c) any information relevant to the Reassessment;
(d) any information relevant for the purposes of monitoring my
compliance with this Undertaking; and/or
(e) any information which comes to their attention in the course of
providing the Professional Education and which they reasonably
believes indicates a potential risk of harm to my patients.
(1) Dr. ANDREW GOMEZ VARGAS may practise only in the areas of medicine in which Dr. GOMEZ VARGAS is educated and experienced.
Terms and conditions imposed on certificate by: Member
