As from October 22, 2018, the following is imposed as a term, condition and
limitation on the certificate of registration held by Dr. Ngoc Binh Van, in
accordance with an undertaking and consent given by Dr. Van to the College of
Physicians and Surgeons of Ontario:
UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT
("Undertaking")
of
DR. NGOC BINH VAN
("Dr. Van")
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. Van, certificate of registration number 93752, am a member of the
College.
(3) I, Dr. Van, acknowledge that the College conducted an investigation
bearing File Number 7216284 (the "Investigation") into whether I engaged
in professional misconduct and/or am incompetent in my emergency medicine
practice.
B. UNDERTAKING
(4) I, Dr. Van, undertake to abide by the provisions of this Undertaking,
effective immediately.
(5) I, Dr. Van, undertake that I will not practise emergency medicine in any
jurisdiction until each of the following conditions have been met:
(a) I provide the College with proof that I have successfully completed
the University of Toronto's Supplemental Emergency Medicine
Experience ("SEME") program.
(6) I, Dr. Van, undertake that upon my return to the practice of emergency
medicine, I shall, at minimum, submit to a reassessment of my emergency
medicine practice within six (6) months.
(8) I, Dr. Van, 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". I also undertake to
abide by the College's "Ensuring Competence: Changing Scope of Practice
and/or Re-entering Practice" Policy, a copy of which is attached hereto
as Appendix "B".
C. ACKNOWLEDGEMENTS
(9) I, Dr. Van, acknowledge that all appendices attached to or referred to in
this Undertaking form part of this Undertaking.
(10) I, Dr. Van, acknowledge that in considering my request to return to
emergency medicine 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; and
(b) request that I enter into an appropriate assessment and/or
monitoring agreement with the College.
(11) I, Dr. Van, 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.
(12) I, Dr. Van, 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.
(13) I, Dr. Van, 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. Van, 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. Van, acknowledge that, during the time period that this
Undertaking remains in effect, this Undertaking shall be posted on
the Public Register.
(b) I, Dr. Van, 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:
A College investigation was conducted into whether Dr. Van
engaged in professional misconduct and/or is incompetent in
the practice of emergency medicine. In the face of these
allegations, Dr. Van has ceased to practise emergency
medicine in all jurisdictions until he completes the
University of Toronto's Supplemental Emergency Medicine
Experience ("SEME") program.
D. CONSENT
(16) I, Dr. Van, 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. Van, acknowledge that I have executed the OHIP consent form,
attached hereto as Appendix "C" and that the consent forms part of this
Undertaking.
Terms and conditions imposed on certificate by: Member
