(1 of 2)
As from February 13, 2025, the following is imposed as a term, condition and limitation on the certificate of registration held by Dr. Michel Rizkalla in accordance with an undertaking and consent given by Dr. Rizkalla to the College of Physicians and Surgeons of Ontario:
UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT
(“Undertaking”) of
DR. MICHEL RIZKALLA
(“Dr. Rizkalla”) 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;
“ICRC” means the Inquiries, Complaints and Reports Committee of the College; “IEP” means “Individualized Education Plan”;
“OHIP” means the Ontario Health Insurance Plan;
“Ontario Physicians and Surgeons Discipline Tribunal” means the Discipline Committee established under the Code;
“Practice Location” or “Practice Locations” means each and every location at which Dr. Rizkalla practices, delegates, or has privileges, including, but not limited to, any hospitals, clinics, offices, and any Out-of-Hospital Premises and Independent Health Facilities with which he is affiliated, in any jurisdiction;
“Public Register” means the College’s register that is available to the public.
(2) I, Dr. Rizkalla, certificate of registration number 94376, am a member of the College.
(3) I, Dr. Rizkalla, acknowledge that the College conducted an investigation bearing File Number CAS-420783-C1P8J1 (the “Investigation”) into whether I engaged in professional misconduct and/or am incompetent in my surgical practice, including my conduct.
(4) I, Dr. Rizkalla, acknowledge that on November 24, 2023, in accordance with an undertaking and consent given by me, I voluntarily ceased to practice medicine in all jurisdictions. This voluntary cease to practice is a term, condition and limitation on my certificate of registration.
(5) I, Dr. Rizkalla, understand and agree that I am bound by the terms of this Undertaking from the date on which I sign it (the “Effective Date”). The “Return to Practice Date” shall be the date the College removes the cease to practice as a term, condition and limitation on my certificate of registration.
B. UNDERTAKING
(6) Clinical Supervision
(a) I, Dr. Rizkalla, undertake to practise under the guidance of a clinical supervisor or clinical supervisors acceptable to the College (the “Clinical Supervisor” or “Clinical Supervisors”), for at least three (3) months following the Return to Practice Date (“Clinical Supervision”).
(b) I, Dr. Rizkalla, undertake to remain free of any conflict of interest with the Clinical Supervisor.
(c) I, Dr. Rizkalla, 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) Be practising as a physician at least at one of my Practice Locations;
(ii) Facilitate the education program set out in the IEP, attached hereto as Appendix “B”;
(iii) Review the materials provided by the College and have an orientation session with me, including to discuss the objectives for the Clinical Supervision;
(iv) At least once per month, discuss my standard of practice and ongoing professional development with the Chief of Staff, Chief of Surgery, or a colleague with similar responsibilities at each of my Practice Locations;
(v) Receive information regarding my practice from the Chief of Staff, Chief of Surgery, or a colleague with similar responsibilities at each of my Practice Locations, as provided at their discretion;
(vi) Meet with me at my Practice Location, or another location approved by the College, once every month;
(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;
(ix) Submit at least one written report to the College at the end of the Clinical Supervision, or more frequently if the Clinical Supervisor has concerns about my standard of practice; and
(x) Remain free of any conflict of interest with me.
(d) I, Dr. Rizkalla, 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. Rizkalla, undertake to ensure that Appendix “A” to this Undertaking is signed and delivered to the College within thirty (30) days of the Return to Practice Date.
(f) I, Dr. Rizkalla, 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. Rizkalla, undertake that if I am unable to obtain a Clinical Supervisor on the provisions set out under sections (6)(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. Rizkalla, acknowledge that if I am required to cease practise as a result of section (6)(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.
(7) Professional Education
(a) I, Dr. Rizkalla, 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) PROBE: Ethics & Boundaries Program, by receiving a passing evaluation or grade, without any condition or qualification. I, Dr. Rizkalla, will agree to abide by any recommendations of the PROBE program;
(ii) Review, reflection, a written summary, and discussion with my Clinical Supervisor of the following policies and other self-study:
1. Essentials of Medical Professionalism, College Policy;
2. Professional Behaviour, College Policy;
(iii) any additional professional education recommended by my Clinical Supervisor.
(b) I, Dr. Rizkalla, 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. Rizkalla, undertake to complete this requirement within three (3) months of the Return to Practice Date, or if no satisfactory program is available by that time, by the first possible opportunity thereafter.
(d) I, Dr. Rizkalla, acknowledge that a report or reports may be provided to the College regarding my progress and compliance with the Professional Education.
(e) I, Dr. Rizkalla, acknowledge that if any of the programs and/or self-study resources listed above become unavailable, substitution requests will be reviewed by the College and the College will determine in its sole discretion whether substitution is appropriate.
(8) Monitoring
(a) I, Dr. Rizkalla, undertake to inform the College of each and every one of my Practice Locations within five (5) days of the Return to Practice Date. 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. Rizkalla, 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. Rizkalla, 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. Rizkalla, acknowledge that I have executed the OHIP consent form, attached hereto as Appendix “C”.
C. ACKNOWLEDGEMENT
(9) I, Dr. Rizkalla, acknowledge that all appendices attached to or referred to in this Undertaking form part of this Undertaking.
(10) I, Dr. Rizkalla, 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. Rizkalla, 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. Rizkalla, 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. Rizkalla, 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 of the College.
(14) I, Dr. Rizkalla, 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. Rizkalla, acknowledge that, during the time period that this Undertaking remains in effect, this Undertaking shall be posted on the Public Register.
(b) I, Dr. Rizkalla, 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. Rizkalla in his general surgery practice, including his conduct, engaged in professional misconduct and/or is incompetent. As a result of the investigation:
Dr. Rizkalla will practise under the guidance of a Clinical Supervisor acceptable to the College for three (3) months.
Dr. Rizkalla will engage in professional education in professional ethics and behaviour.
(c) I, Dr. Rizkalla, acknowledge that this Undertaking remains in effect until the College determines its terms are satisfied.
D. CONSENT
(16) I, Dr. Rizkalla, 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. Rizkalla, 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. Rizkalla, 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 for the purposes of monitoring my compliance with this Undertaking; and/or
(d) any information which comes to their attention in the course of providing the Professional Education and which they reasonably believe indicates a potential risk of harm to my patients.
(2 of 2)
As from November 24, 2024, the following is imposed as a term, condition and limitation on the certificate of registration held by Dr. Michel Rizkalla in accordance with an undertaking and consent given by Dr. Rizkalla to the College of Physicians and Surgeons of Ontario:
Dr. Rizkalla has voluntarily ceased to practise medicine in all jurisdictions.
Terms and conditions imposed on certificate by: Member
