As from March 18, 2025, the following is imposed as a term, condition and limitation on the certificate of registration held by Dr. Mohamed Asadig Abounaja in accordance with an undertaking and consent given by Dr. Abounaja to the College of Physicians and Surgeons of Ontario:
UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT
(“Undertaking”)
of
DR. MOHAMED ASADIG ABOUNAJA
(“Dr. Abounaja”)
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 Tribunal” means the Ontario Physicians and Surgeons Discipline Tribunal of the College;
“OHIP” means the Ontario Health Insurance Plan;
“Ontario Physicians and Surgeons Discipline Tribunal” means the Discipline Committee established under the Code;
“Public Register” means the College’s register that is available to the public.
2. I, Dr. Abounaja, certificate of registration number 89997, am a member of the College.
3. I, Dr. Abounaja, acknowledge that I entered into an undertaking dated March 6, 2023 (“the March 2023 undertaking”), in which I agreed to a restriction that required me to dictate a complete patient encounter note contemporaneously after each patient encounter in the emergency room and to undergo remediation and a reassessment of my practice.
4. I, Dr. Abounaja, further acknowledge that I have completed the remediation and reassessment under the March 2023 undertaking, and that this Undertaking replaces and supersedes the March 2023 undertaking.
B. UNDERTAKING
5. I, Dr. Abounaja, undertake to abide by the provisions of this Undertaking, effective immediately.
6. Restriction
a. I, Dr. Abounaja, undertake to dictate a complete patient encounter note contemporaneously after each patient encounter in the emergency room.
b. I, Dr. Abounaja, acknowledge that if the College determines that the results of the Reassessment of my practice described in section (7)(a) are positive, and the College is satisfied that I have remained in compliance with the restriction in section (6)(a), the College will release me from this Undertaking and will remove both this Undertaking and the summary described in section (15)(b) from the Public Register.
7. Reassessment of Practice
a. I, Dr. Abounaja, undertake that, approximately twelve (12) months after the date I sign 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”), for the purpose of assessing my medical recordkeeping. I acknowledge that the Reassessment will include a chart review of a minimum of fifteen (15) charts, and may include direct observation of my care, interviews with me, colleagues and co-workers, feedback from patients, and any other tools deemed necessary by the College.
b. I, Dr. Abounaja, undertake to co-operate fully with the Reassessment, conducted under the term of this Undertaking.
c. I, Dr. Abounaja, 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. Abounaja, undertake to inform the College of each and every location at which I practice, delegate, or have privileges, including, but not limited to, any hospitals, clinics, offices, and any Out-of-Hospital Premises and 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. Abounaja, 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. Abounaja, 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. Abounaja, acknowledge that I have executed the OHIP consent form, attached hereto as Appendix “A”.
C. ACKNOWLEDGEMENT
9. I, Dr. Abounaja, acknowledge that all appendices attached to or referred to in this Undertaking form part of this Undertaking.
10. I, Dr. Abounaja, 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. Abounaja, 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. Abounaja, 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. Abounaja, 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 Tribunal.
14. I, Dr. Abounaja, 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. Abounaja, acknowledge that, during the time period that this Undertaking remains in effect, this Undertaking shall be posted on the Public Register.
b. I, Dr. Abounaja, 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. Abounaja must dictate a complete patient encounter note contemporaneously after each patient encounter in the emergency room.
D. CONSENT
16. I, Dr. Abounaja, give my irrevocable consent to the College to provide the following information to all 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. Abounaja, 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. Abounaja, give my irrevocable consent to all 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 Reassessment;
c. any information relevant for the purposes of monitoring my compliance with this Undertaking.
Terms and conditions imposed on certificate by: Member
