(1 of 3)
As from January 4, 2021, by order of the Discipline Committee of the College of Physicians and Surgeons of Ontario, the following terms, conditions and limitations are imposed on the certificate of registration held by Dr. Sammy Vaidyanathan:
a. Dr. Vaidyanathan shall participate in and successfully complete, within six (6) months of the date of this Order, individualized instruction in medical ethics satisfactory to the College, with an instructor approved by the College, who shall provide a summative report to the College including his or her conclusion about whether Dr. Vaidyanathan successfully completed the instruction;
b. Dr. Vaidyanathan shall not issue new prescriptions or renew existing prescriptions for or administer any of the following substances:
i. Narcotic Drugs (from the Narcotic Control Regulations made under the Controlled Drugs and Substances Act, S.C., 1996, c. 19);
ii. Narcotic Preparations (from the Narcotic Control Regulations made under the Controlled Drugs and Substances Act, S.C., 1996, c. 19);
iii. Controlled Drugs (from Part G of the Food and Drug Regulations under the Food and Drugs Act, S.C., 1985, c. F-27);
iv. Benzodiazepines and Other Targeted Substances (from the Benzodiazepines and Other Targeted Substances Regulations made under the Controlled Drugs and Substances Act., S.C., 1996, c. 19);
(A summary of the above-named drugs [from Appendix I to the Compendium of Pharmaceuticals and Specialties] is attached hereto as Schedule “A”; and links to the current regulatory lists are attached hereto as Schedule “B”)
v. Monitored Drugs (as defined under the Narcotics Safety and Awareness Act, 2010, S.O. 2010, c. 22, with a link to the current regulatory list attached hereto as Schedule “C”); and as amended from time to time;
c. Dr. Vaidyanathan shall post a sign in his practice locations, in a clearly visible and secure location, that states as follows:
IMPORTANT NOTICE
Dr. Vaidyanathan must not prescribe or administer any of the following:
- Narcotic Drugs
- Narcotic Preparations
- Controlled Drugs
- Benzodiazepines and Other Targeted Substances
- Monitored Drugs
Further information may be found on the College of Physicians and Surgeons of Ontario website at www.cpso.on.ca
d. Dr. Vaidyanathan shall post a certified translation(s) in any language(s) in which he provides services, of the sign described in paragraph 3(c) above in all waiting rooms, examination rooms and consulting rooms, in all of his Practice Locations, in a clearly visible and secure location.
e. Dr. Vaidyanathan shall provide the certified translation(s) described in paragraph 3(c) above, to the College within thirty (30) days of this Order.
f. Should Dr. Vaidyanathan elect to provide services in any other language(s), he must notify the College prior to providing any such services.
g. Dr. Vaidyanathan shall provide to the College the certified translation(s) described in paragraph 3(e) prior to beginning to provide services in the language(s) described in paragraph 3(f).
h. Dr. Vaidyanathan shall consent to the College providing any Chief(s) of Staff or a colleague with similar responsibilities, such as a medical director, at any location where he practises (“Chief(s) of Staff”) with any information the College has that led to this Order and/or any information arising from the monitoring of his compliance with this Order.
i. Dr. Vaidyanathan shall inform the College of each and every location where he practises, in any jurisdiction (his “Practice Location(s)”) within five (5) days of this Order and shall inform the College of any and all new Practice Locations within five (5) days of commencing practice at that location.
j. Dr. Vaidyanathan shall cooperate with unannounced inspections of his Practice Location(s) and patient charts by a College representative(s) for the purpose of monitoring and enforcing his compliance with the terms of the Order.
k. Dr. Vaidyanathan shall consent to the College making enquiries of the Ontario Health Insurance Plan (“OHIP”), the Drug Program Services Branch, the Narcotics Monitoring System implemented under the Narcotics Safety and Awareness Act, 2010, S.O. 2010, c. 22, as amended (“NMS”), and/or any person who or institution that may have relevant information, in order for the College to monitor and enforce his compliance with the terms of the Order and any terms, conditions or limitations on Dr. Vaidyanathan’s certificate of registration; and
l. Dr. Vaidyanathan shall be responsible for any and all costs associated with implementing the terms of the Order.
(2 of 3)
As from March 25, 2020, the following is imposed as terms, conditions and limitations imposed on the certificate of registration held by Dr. Sammy Vaidyanathan in accordance with an undertaking and consent given by Dr. Vaidyanathan to the College of Physicians and Surgeons of Ontario:
- Max 7 shifts per week (8 - 12 hours)
- Maximum total 63 hrs. per week (including admin time)
- Call at home shift 0800-0800 1 per week (no other shift scheduled while on call); Will go into hospital as required during this shift
- May do 1 double shift per week (max shifts total would still be 7 including this shift)
- Must have four scheduled days off during a month, call shifts are considered to be a day off
(3 of 3)
As from July 31, 2019, the following terms, conditions and limitations are imposed on the certificate of registration held by Dr. Sammy Vaidyanathan, in accordance with an undertaking and consent given by Dr. Vaidyanathan to the College of Physicians and Surgeons of Ontario:
UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT
("Undertaking")
of
DR. SAMMY VAIDYANATHAN
("Dr. Vaidyanathan")
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. Vaidyanathan, certificate of registration number 94400, am a member of the College. (3)I, Dr. Vaidyanathan, acknowledge that the College conducted investigations bearing File Numbers 1100624 and 1101073 (the "Investigations") into whether I engaged in professional misconduct and/or am incompetent in my emergency medicine practice.
B. UNDERTAKING
(4) I, Dr. Vaidyanathan, undertake to abide by the provisions of this Undertaking, effective immediately.
(5) Clinical Supervision
(a) I, Dr. Vaidyanathan, undertake to practise under the guidance of a clinical supervisor or clinical supervisors acceptable to the College (the "Clinical Supervisor" or "Clinical Supervisors"), for twelve (12) months ("Clinical Supervision").
(b) I, Dr. Vaidyanathan, 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) Make recommendations to me for practice improvements and ongoing professional development and inquire into my compliance with the recommendations;
(iv) Keep a log of all patient charts reviewed, and a log of all patients whose assessments are subject to direct in-person observation;
(v) 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
(vi) Submit written reports to the College at least once every month detailing the care and treatment observed, providing feedback on my documentation and care as well as providing feedback on areas for improvement, or more frequently if the Clinical Supervisor has concerns about my standard of practice.
High-Level Supervision
(vii) I, Dr. Vaidyanathan, undertake that I shall engage in Clinical Supervision at a high-level for a minimum period of two (2) months, during which I will practice a minimum of twenty (20) shifts ("High Level Supervision"). For greater clarity, the period of High-Level Supervision shall not terminate until I have worked a minimum of twenty (20) shifts.
(viii) I, Dr. Vaidyanathan, undertake and acknowledge that during High-Level Supervision:
1. The Clinical Supervisor shall review my assessment including history-taking and physical examinations, treatment, management of test results, discharge instructions and follow-up plan for each patient I treat in each shift, before the end of each shift.
2. The Clinical Supervisor shall perform direct observation of my in-person assessments of two (2) patients per shift.
Moderate-Level Supervision
(ix) I, Dr. Vaidyanathan, acknowledge that following the period of High-Level Supervision, and only upon recommendation by the Clinical Supervisor and subject to the approval of the College, the Clinical Supervision may be reduced to a moderate level, for a minimum period of two (2) months ("Moderate Level Supervision").
(x) I, Dr. Vaidyanathan, undertake and acknowledge that during Moderate-Level Supervision, the Clinical Supervisors shall meet with me once every two (2) weeks to review a minimum of twenty (20) charts, with a minimum of five (5) charts from each of my emergency medicine Practice Locations.
Low-Level Supervision
(xi) I, Dr. Vaidyanathan, acknowledge that following the period of Moderate-Level Supervision, and only upon recommendation by the Clinical Supervisors and subject to the approval of the College, the Clinical Supervision may be reduced to a low level for a maximum of eight (8) months ("Low-Level Supervision").
(xii) I, Dr. Vaidyanathan, undertake and acknowledge that during Low-Level Supervision, the Clinical Supervisors shall meet with me once per month to review a minimum of twenty (20) charts, with a minimum of five (5) charts from each of my emergency medicine Practice Locations.
(c) I, Dr. Vaidyanathan, 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", as well as the areas of concern identified in the reports of the assessor dated November 8, 2018 and June 6, 2019, and concerns that may arise during the period of Clinical Supervision.
(d) I, Dr. Vaidyanathan, 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. Vaidyanathan, 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. Vaidyanathan, 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. Vaidyanathan, 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. Vaidyanathan, 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. Vaidyanathan, 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 review and written summary of:
1. The College policy on Medical Records;
2. The College policy on Test Results Management;
3. The College policy on Professional Obligations and Human Rights; and
4. Ontario's Routine Immunization Schedule;
(ii) CMPA e-learning modules:
1. Documentation: Charting Medical Records; and
2. Documentation II: Principles of Medical Record Keeping;
(iii) The University of Toronto Medical Record-Keeping course; and
(iv) any additional professional education recommended by my Clinical Supervisor.
(b) I, Dr. Vaidyanathan, 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. Vaidyanathan, undertake to complete this requirement by December 31, 2019 or, if no satisfactory program is available by that time, by the first possible opportunity thereafter.
(d) I, Dr. Vaidyanathan, 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. Vaidyanathan, 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. Vaidyanathan, undertake to co-operate fully with the Reassessment, conducted under the term of this Undertaking.
(c) I, Dr. Vaidyanathan, 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. Vaidyanathan, 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. Vaidyanathan, 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. Vaidyanathan, 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. Vaidyanathan, 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. Vaidyanathan, 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. Vaidyanathan, acknowledge that all appendices attached to or referred to in this Undertaking form part of this Undertaking.
(10) I, Dr. Vaidyanathan, 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. Vaidyanathan, 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. Vaidyanathan, 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. Vaidyanathan, 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. Vaidyanathan, 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. Vaidyanathan, acknowledge that, during the time period that this Undertaking remains in effect, this Undertaking shall be posted on the Public Register.
(b) I, Dr. Vaidyanathan, 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:
College investigations were conducted into whether Dr. Vaidyanathan engaged in professional misconduct and/or is incompetent in prescribing, the practice of emergency medicine. As a result of the investigations:
Dr. Vaidyanathan will practise under the guidance of a Clinical Supervisor acceptable to the College for 12 months.
Dr. Vaidyanathan will engage in professional education in medical record-keeping, test results management, and professional obligations and human rights.
Dr. Vaidyanathan'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. Vaidyanathan, acknowledge that this Undertaking remains in effect until the College determines its terms are satisfied.
D. CONSENT
(16) I, Dr. Vaidyanathan, 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. Vaidyanathan, 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. Vaidyanathan, 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 believe indicates a potential risk of harm to my patients.
Terms and conditions imposed on certificate by: Member
