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As from August 8, 2024, the following are imposed as terms, conditions and limitations on the certificate of registration held by Dr. Netan Choudhry in accordance with an undertaking and consent given by Dr. Choudhry to the College of Physicians and Surgeons of Ontario:
UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT
(“Undertaking”)
of
DR. NETAN CHOUDHRY
(“Dr. Choudhry”)
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;
“ICR Committee” means the Inquiries, Complaints and Reports Committee of the College;
“OHIP” means the Ontario Health Insurance Plan;
“Ontario Physicians and Surgeons Discipline Tribunal” means the Discipline Committee established under the Code;
“Public Register” means the College’s register that is available to the public.
(2) I, Dr. Choudhry, certificate of registration number 96870, am a member of the College.
(3) I, Dr. Choudhry, acknowledge that the College has received information that I was arrested and charged with criminal offences under the Criminal Code of Canada as follows: sexual assault (2 counts) contrary to s. 271; sexual interference with a person under sixteen (2 counts) contrary to s. 151; invitation to sexual touching to a person under the age of sixteen contrary to s. 152; assault causing bodily harm contrary to s. 267(b); and uttering threats to cause death or bodily harm, contrary to s. 264.1(1)(a) (collectively the “Charges” under the Criminal Code). I acknowledge that the College is monitoring these Charges.
(4) I, Dr. Choudhry, acknowledge that this Undertaking does not preclude the ICR Committee from making an order under section 25.4 of the Code at a later date in accordance with the Code.
B. UNDERTAKING
(5) I, Dr. Choudhry, undertake to abide by the provisions of this Undertaking, effective immediately (“Effective Date”).
(6) I, Dr. Choudhry, undertake that I shall not see or treat any patients under the age of eighteen (18) years old until the following condition has been met:
(a) I provide a minimum of forty-five (45) days written notice to the College of my intention to resume seeing and treating patients under the age of eighteen (18) years old.
(7) Posting a Sign
(a) I, Dr. Choudhry, undertake that I shall post a sign in all waiting rooms, examination rooms and consulting rooms, in all my Practice Locations, in a clearly visible and secure location, at all times whether or not I am physically present at the Practice Location, in the form set out at Appendix “A”. If providing care in a virtual setting, I shall display the sign to the patient at the outset of the patient encounter. If the patient encounter is by telephone, I shall read the sign to the patient at the outset of the patient encounter. For further clarity, this sign shall state as follows: “Dr. Choudhry shall not see or treat any patients under the age of eighteen (18) years old. Further information may be found on the College of Physicians and Surgeons of Ontario website at www.cpso.on.ca”.
(b) I, Dr. Choudhry, undertake to post a certified translation in any language in which I provide services, of the sign described in section (7)(a) in all waiting rooms of all my Practice Locations, in a clearly visible and secure location, in the form set out at Appendix “A”.
(c) I, Dr. Choudhry, undertake to provide the certified translation described in section (7)(b), to the College within thirty (30) days of executing this Undertaking.
(d) I, Dr. Choudhry, undertake that if I elect, after the execution of this Undertaking, to provide services in any other language, I will notify the College prior to providing any such services.
(e) I, Dr. Choudhry, undertake to provide to the College the certified translation described in section (7)(b) prior to beginning to provide services in any language described in section (7)(d).
(f) I, Dr. Choudhry, acknowledge that the College may accept an alternative arrangement with respect to signage in a hospital or other setting, in its sole discretion.
(8) Monitoring
(a) I, Dr. Choudhry, undertake to inform the College of each and every location at which I practice, delegate, or have privileges, including, but not limited to, any hospitals, clinics, offices, and any Out-of-Hospital Premises and 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. Choudhry, undertake that I will submit to, and not interfere with, unannounced inspections of my Practice Locations and patient charts by a College representative for the purposes of monitoring my compliance with the provisions of this Undertaking.
(c) I, Dr. Choudhry, give my irrevocable consent to the College to make appropriate enquiries of OHIP, and/or any person 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. Choudhry, acknowledge that I have executed the OHIP consent form, attached hereto as Appendix “B”.
C. ACKNOWLEDGEMENT
(9) I, Dr. Choudhry, acknowledge that all appendices attached to or referred to in this Undertaking form part of this Undertaking.
(10) I, Dr. Choudhry, 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. Choudhry, 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. Choudhry, 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. Choudhry, acknowledge that, in the event of a referral to the Discipline Tribunal and in the event of an appeal of any order of the Discipline Tribunal, if the Discipline Tribunal has directed the Registrar to revoke, suspend, or impose terms and conditions on my certificate of registration, that order will take effect immediately despite any appeal.
(14) I, Dr. Choudhry, 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.
(15) I, Dr. Choudhry, 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. Choudhry, acknowledge that, during the time period that this Undertaking remains in effect, this Undertaking shall be posted on the Public Register.
(b) I, Dr. Choudhry, 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:
Dr. Choudhry has agreed that he shall not see or treat any patients under the age of eighteen (18) years old and shall provide a minimum of forty-five (45) days written notice to the College of his intention to resume seeing and treating any patients under the age of eighteen (18) years old.
Dr. Choudhry shall post a clearly visible sign in the waiting rooms, examination rooms and consulting rooms of all Practice Locations, which states as follows: “Dr. Choudhry will not see or treat any patients under eighteen (18) years of age. Further information may be found on the College of Physicians and Surgeons of Ontario website at www.cpso.on.ca”.
D. CONSENT
(17) I, Dr. Choudhry, 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. Choudhry, give my irrevocable consent to all Chiefs of Staff to disclose to the College, and to one another, any information relevant to this Undertaking and/or relevant for the purposes of monitoring my compliance with this undertaking.
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Dr. Netan Choudhry may practise medicine independently in ophthalmology, only.
Terms and conditions imposed on certificate by: Registration Committee
