(1 of 2)
As from June 30, 2017, the following is imposed as a term, condition and
limitation on the certificate of registration held by Dr. Mohamed Maznawi
Zawahir, in accordance with an undertaking and consent given by Dr. Zawahir to
the College of Physicians and Surgeons of Ontario:
UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT
("Undertaking")
of
DR. MOHAMED ZAWAHIR
("Dr. Zawahir")
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;
"OHIP" means the Ontario Health Insurance Plan;
"Public Register" means the College's register that is available to the
public.
(2) I, Dr. Zawahir, certificate of registration number 91801, am a member of
the College. The College has received information that I have failed to
maintain the standard of practice of the profession.
(3) I, Dr. Zawahir, acknowledge that the College initiated an investigation
bearing File Number 7215048 (the "Investigation") into whether I engaged
in professional misconduct and/or am incompetent in my anesthesia
practice.
(4) I, Dr. Zawahir, acknowledge that I have not practiced medicine in Ontario
since February 19, 2016.
B. UNDERTAKING
(5) I, Dr. Zawahir, undertake to abide by the provisions of this Undertaking,
effective immediately ("Effective Date").
(6) I, Dr. Zawahir, undertake that I will continue to cease to practise
medicine in Ontario until each and every one of the following conditions
have been met:
(a) I provide a minimum of forty-five (45) days' notice to the College
of my intent to return to the practice of medicine;
(b) The ICR Committee approves my return to the practice of medicine;
and,
(c) I provide the College with proof that I am participating in a
program of continuing professional development that meets the
requirements for continuing professional development of the Royal
College of Physicians and Surgeons of Canada, the College of Family
Physicians of Canada, or an organization that has been approved by
the College for that purpose that meets the requirements for
continuing professional development set by the Royal College of
Physicians and Surgeons of Canada or the College of Family
Physicians of Canada.
(7) I, Dr. Zawahir, undertake that upon signing this Undertaking I shall
forward a request to the General Manager of OHIP that my billing number
be deactivated for services rendered after the date I cease to practise
and before the date the College agrees that I may return to practise in
accordance with the provisions of this Undertaking.
(8) I, Dr. Zawahir, undertake to abide by the College's Policy on Practice
Management Considerations for Physicians Who Cease to Practise, Take an
Extended Leave of Absence or Close Their Practice Due to Relocation, a
copy of which is attached hereto as Appendix "A".
C. ACKNOWLEDGEMENTS
(9) I, Dr. Zawahir, acknowledge that all appendices attached to or referred
to in this Undertaking form part of this Undertaking.
(10) I, Dr. Zawahir, acknowledge that in considering my request to return to
practice, the ICR Committee may, among other things:
(a) request that I agree to specified terms, limitations or conditions
being placed upon my certificate of registration, including that I
may not be the Most Responsible Physician; and
(b) request that I enter into an appropriate assessment and/or
monitoring agreement with the College.
(11) I, Dr. Zawahir, acknowledge that I shall also require approval of the
Registration Committee before entering into any undertaking which imposes
term, conditions and limitation on my certificate of registration.
(12) I, Dr. Zawahir, 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.
(13) I, Dr. Zawahir, 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.
(14) I, Dr. Zawahir, 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.
(15) I, Dr. Zawahir, acknowledge that this Undertaking constitutes terms,
conditions, and limitations on my certificate of registration for the
purposes of section 23 of the Code.
(16) Public Register
(a) I, Dr. Zawahir, acknowledge that, during the time period that this
Undertaking remains in effect, this Undertaking shall be posted on
the Public Register.
(b) I, Dr. Zawahir, acknowledge that, in addition to this Undertaking
being posted in accordance with section (16)(a) above, the
following summary shall be posted on the Public Register during the
time period that this Undertaking remains in effect:
A College investigation was conducted into whether Dr.
Zawahir engaged in professional misconduct and/or is
incompetent in the practice of anesthesia. In the face of
these allegations, Dr. Zawahir has ceased to practise
medicine in Ontario and therefore cannot see any patients or
provide any medical advice or services.
D. CONSENT
(17) I, Dr. Zawahir, 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.
(18) I, Dr. Zawahir, acknowledge that I have executed the OHIP consent form,
attached hereto as Appendix "B" and that the consent forms part of this
Undertaking.
(2 of 2)
The certificate of registration held by Dr. Mohamed Maznawi Zawahir also
carries the following term, condition and limitation imposed by the
Registration Committee, effective November 18, 2010.
Dr. Mohamed Maznawi Zawahir may practise medicine independently in
anaesthesia, only.
Terms and conditions imposed on certificate by: Registration Committee