UNDERTAKING
ACKNOWLEDGEMENT AND CONSENT
(“Undertaking”) of
DR. Jianing Yang (“Dr. Yang”)
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; “CPD” means continuing professional development;
“OHIP” means the Ontario Health Insurance Plan;
“Public Register” means the College’s register that is available to the public.
(2) I, Dr. Yang, certificate of registration number 94814, am a member of the College. The College has inquired into my compliance with the requirement to participate in a program of CPD.
(3) I, Dr. Yang, am currently not practising medicine in Ontario and I am entering into this Undertaking as an alternative to complying with the CPD requirement under section 29 of Ontario Regulation 114/94 (made under the Medicine Act, 1991).
B. UNDERTAKING
(4) I, Dr. Yang, undertake to abide by the provisions of this Undertaking, effective immediately.
(5) I, Dr. Yang, undertake that, effective immediately, I will not 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) I provide the College with proof that I am participating in a program of CPD that meets the requirements for CPD 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 CPD set by the Royal College of Physicians and Surgeons of Canada or the College of Family Physicians of Canada; and
(c) The College approves my return to the practice of medicine.
(6) I, Dr. Yang, 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.
(7) I, Dr. Yang, undertake to abide by the College’s Policy on Closing a Medical Practice.
C. ACKNOWLEDGEMENTS
(8) I, Dr. Yang, acknowledge that all appendices attached to or referred to in this Undertaking form part of this Undertaking.
(9) I, Dr. Yang, acknowledge that in considering my request to return to practice, the College 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.
(10) I, Dr. Yang, 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. Yang, 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 or Fitness to Practise Committee of the College.
(12) I, Dr. Yang, 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. Yang, acknowledge that this Undertaking constitutes terms, conditions, and limitations on my certificate of registration for the purposes of section 23 of the Code.
(14) Public Register
(a) I, Dr. Yang, acknowledge that, during the time period that this Undertaking remains in effect, this Undertaking shall be posted on the Public Register.
D. CONSENT
(15) I, Dr. Yang, 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.
(16) I, Dr. Yang, acknowledge that I have executed the OHIP consent form, attached hereto as Appendix “B” and that the consent forms part of this Undertaking.