As from February 6, 2018, the following terms, conditions and limitations are
imposed on the certificate of registration held by Dr. Richard Anthony Bourke,
in accordance with an undertaking and consent Dr. Bourke has given to the
College of Physicians and Surgeons of Ontario:
UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT
("Undertaking")
of
DR. RICHARD ANTHONY BOURKE
("Dr. Bourke")
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 Committee" means the Discipline Committee of the College;
"OHIP" means the Ontario Health Insurance Plan;
"Public Register" means the College's register that is available to the
public;
"QAC" means the Quality Assurance Committee of the College.
(2) I, Dr. Bourke, certificate of registration number 22261, am a member of
the College. I acknowledge that concerns have been identified with
respect to my management of my practice and medical record keeping. I was
required to undergo a reassessment of my practice. Since that time, I
have retired from obstetrical practice and now focus on providing
surgical assistance. In lieu of the reassessment, I am providing the
College with this undertaking.
(3) I, Dr. Bourke, acknowledge that I currently practice only at Windsor
Regional Hospital.
(4) I, Dr. Bourke, acknowledge that I do not practice or have privileges at
any practice location, including but not limited to, any hospitals,
clinics and offices, in any jurisdiction other than Windsor Regional
Hospital (collectively, my "Practice Location(s)").
B. UNDERTAKING
(5) I, Dr. Bourke, undertake to abide by the provisions of this Undertaking,
effective immediately.
(6) Practice Restrictions
(a) I, Dr. Bourke, undertake that I shall not engage in the practice of
medicine as the Most Responsible Physician for any patient(s)
whatsoever.
(b) I, Dr. Bourke, undertake that the entirety of my scope of practice
will be limited in the following ways:
(i) I shall only practise medicine as a surgical assistant of a
surgeon:
a. certified by the Royal College of Physicians and
Surgeons or recognized as a surgical specialist by the
College; and
b. who holds privileges at Windsor Regional Hospital, or
other Practice Location as may be approved by the
College,
(collectively, a "Qualified Surgeon"); and
(ii) for further clarity, but without limiting the generality of
section (6)(b)(i) above:
a. I will not provide any pre-operative or post-operative
care whatsoever; and
b. a Qualified Surgeon must always be physically in
attendance when I am engaging in my practice as a
surgical assistant.
(c) I, Dr. Bourke, undertake that I will not engage in any practice of
medicine that is not expressly and specifically listed in section
(6)(b) above.
(d) I, Dr. Bourke, undertake that I will not commence surgical
assisting at any Practice Location (other than Windsor Regional
Hospital) without prior approval of the College. Should I seek
privileges to perform surgical assisting at any other Practice
Location, I shall advise the College within five (5) days of making
such application, and shall apply at least fourteen (14) days
before I plan to commence surgical assisting at that location.
(7) I, Dr. Bourke, undertake that I will submit to, and not interfere with,
unannounced inspections of my Practice Locations by a College
representative for the purposes of monitoring my compliance with the
provisions of this Undertaking.
C. ACKNOWLEDGEMENT
(8) I, Dr. Bourke, acknowledge that all appendices attached to or referred to
in this Undertaking form part of this Undertaking.
(9) I, Dr. Bourke, 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.
(10) I, Dr. Bourke, 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.
(11) I, Dr. Bourke, acknowledge that the College will provide this Undertaking
to any Qualified Surgeon and any Chief of Staff, or a colleague with
similar responsibilities, at any Practice Location ("Chief(s) of Staff").
(12) I, Dr. Bourke, 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 any one or more of the following:
consideration by the QAC, an investigation by the College, or further
action by the College, including a referral of specified allegations to
the Discipline Committee.
(13) I, Dr. Bourke, 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. Bourke, acknowledge that, during the time period that this
Undertaking remains in effect, this Undertaking shall be posted on
the Public Register.
(b) I, Dr. Bourke, acknowledge that, in addition to this Undertaking
being posted in accordance with section (14)(a) above, the
following summary shall be posted on the Public Register during the
time period that this Undertaking remains in effect:
Concerns have been identified with respect to Dr. Bourke's
management of his practice and medical record keeping, for
which Dr. Bourke was required to undergo a reassessment. Dr.
Bourke has since retired from obstetrical practice and
restricted his practice as follows:
* Dr. Bourke will practice only as a surgical
assistant under the direction of a qualified
surgeon.
* Dr. Bourke will practice only at Windsor Regional
Hospital.
D. CONSENT
(15) I, Dr. Bourke, 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. Bourke, acknowledge that I have executed the OHIP consent form,
attached hereto as Appendix "A".
(17) I, Dr. Bourke, give my irrevocable consent to the College to provide all
Qualified Surgeon(s) and Chief(s) of Staff with any information arising
from the monitoring of my compliance with this Undertaking.
(18) I, Dr. Bourke, give my irrevocable consent to any Qualified Surgeon and
any Chief of Staff to disclose to the College, and to one another, all
information relevant to this Undertaking and/or relevant for the purposes
of monitoring my compliance with this Undertaking.