(1 of 2)
As from May 7th, 2024, the following are imposed as terms, conditions and limitations on the certificate of registration held by Dr. Shahab Nahvi in accordance with an undertaking and consent given by Dr. Nahvi to the College of Physicians and Surgeons of Ontario:
UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT
("Undertaking")
of
DR. SHAHAB NAHVI
("Dr. Nahvi")
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. Nahvi, certificate of registration number 95512, am a member of the College.
(3) I, Dr. Nahvi, am an emergency medicine physician practicing at Scarborough Health Network ("SHN").
(4) I, Dr. Nahvi, acknowledge that the College has received information regarding my standard of practice and is conducting an investigation, bearing File Number CAS-428250-Y2B4Q8 (the "Investigation") into the information. I am aware of the College's concern about protecting the public.
(5) I, Dr. Nahvi, acknowledge that the College has accepted this Undertaking in lieu of making an Order under section 25.4 of the Code at this time.
(6) I, Dr. Nahvi, acknowledge that this Undertaking does not preclude the ICR Committee from making an order at a later date in accordance with the Code.
(7) I, Dr. Nahvi, acknowledge that this Undertaking continues in force until the matters currently being investigated are disposed of by a panel of the ICR Committee or the Discipline Tribunal.
(8) I, Dr. Nahvi, acknowledge that I entered into an undertaking in lieu of an Order under section 25.4 dated February 1, 2023 ("the February 2023 undertaking") in respect of two other investigations, and that this Undertaking does not replace or supersede the February 2023 undertaking.
B. UNDERTAKING
(9) I, Dr. Nahvi, undertake to abide by the provisions of this Undertaking, effective immediately.
(10) Practice Restrictions
(a) I, Dr. Nahvi, undertake that I will restrict my practice to SHN.
(b) I, Dr. Nahvi, undertake not to treat any patient triaged as Level 1 or 2 on the Canadian Triage and Acuity Scale.
(11) Clinical Supervision
(a) I, Dr. Nahvi, undertake to practise under the guidance of a clinical supervisor or clinical supervisors acceptable to the College (the "Clinical Supervisor" or "Clinical Supervisors").
(b) I, Dr. Nahvi, undertake to remain free of any conflict of interest with the Clinical Supervisor.
(c) I, Dr. Nahvi, 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) Meet with me at my Practice Location, or another location approved by the College, once every two (2) weeks.
(ii) Review at least fifteen (15) of my patient charts at every meeting, which shall be selected by the Clinical Supervisor independent of my participation;
(iii) Discuss any concerns arising from the chart reviews;
(iv) 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;
(v) Submit written reports to the College at least once every month, or more frequently if the Clinical Supervisor has concerns about my standard of practice; and
(vi) Remain free of any conflict of interest with me.
(d) I, Dr. Nahvi, acknowledge that the charts reviewed shall be selected by the Clinical Supervisor based on the areas of concern identified in the report of the assessor dated March 22, 2024, and concerns that may arise during the period of Clinical Supervision.
(e) I, Dr. Nahvi, 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.
(f) I, Dr. Nahvi, undertake to ensure that Appendix "A" to this Undertaking is signed and delivered to the College within fourteen (14) days of the date I execute this Undertaking.
(g) I, Dr. Nahvi, 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 fourteen (14) 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.
(h) I, Dr. Nahvi, undertake that if I am unable to obtain a Clinical Supervisor on the provisions set out under sections (11)(d) and/or (g) above, I will cease practising medicine until such time as I have obtained a Clinical Supervisor acceptable to the College.
(i) I, Dr. Nahvi, acknowledge that if I am required to cease practise as a result of section (11)(h) 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.
(12) Monitoring
(a) I, Dr. Nahvi, 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.
(b) I, Dr. Nahvi, 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.
(c) I, Dr. Nahvi, acknowledge that I have executed the OHIP consent form, attached hereto as Appendix "B".
C. ACKNOWLEDGEMENT
(13) I, Dr. Nahvi, acknowledge that all appendices attached to or referred to in this Undertaking form part of this Undertaking.
(14) I, Dr. Nahvi, 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.
(15) I, Dr. Nahvi, 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.
(16) I, Dr. Nahvi, acknowledge that the College will provide this Undertaking to any Chief of Staff, or a colleague with similar responsibilities, at my practice location ("Chief of Staff" or "Chiefs of Staff").
(17) I, Dr. Nahvi, 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.
(18) I, Dr. Nahvi, acknowledge that, in the event of a referral to the Discipline Tribunal and in the event of any 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.
(19) I, Dr. Nahvi, acknowledge that this Undertaking constitutes terms, conditions, and limitations on my certificate of registration for the purposes of section 23 of the Code.
(20) Public Register
(a) I, Dr. Nahvi, acknowledge that, during the time period that this Undertaking remains in effect, this Undertaking shall be posted on the Public Register.
(b) I, Dr. Nahvi, acknowledge that, in addition to this Undertaking being posted in accordance with section (20)(a) above, the following summary shall be posted on the Public Register during the time period that this Undertaking remains in effect:
The College has received information regarding Dr. Nahvi's standard of practice and is conducting an investigation into the information. During the investigation and in the event of a referral to the Discipline Tribunal:
Dr. Nahvi will only practice at Scarborough Health Network.
Dr. Nahvi will not treat patients triaged as Level 1 or 2 on the Canadian Triage and Acuity Scale.
Dr. Nahvi will practise under the guidance of a Clinical Supervisor acceptable to the College.
D. CONSENT
(21) I, Dr. Nahvi, give my irrevocable consent to the College to provide the following information to all Clinical Supervisors:
(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.
(22) I, Dr. Nahvi, 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.
(23) I, Dr. Nahvi, give my irrevocable consent to all Clinical Supervisors and Chiefs of Staff, 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; and/or
(c) any information relevant for the purposes of monitoring my compliance with this Undertaking.
(2 of 2)
As from February 1st, 2023, the following are imposed as terms, conditions and limitations on the certificate of registration held by Dr. Shahab Nahvi in accordance with an undertaking and consent given by Dr. Nahvi to the College of Physicians and Surgeons of Ontario:
UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT
("Undertaking")
of
DR. SHAHAB NAHVI
("Dr. Nahvi")
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. Nahvi, certificate of registration number 95512, am a member of the College.
(3) I, Dr. Nahvi, acknowledge that I am the subject of College investigations bearing File Numbers 1117220 (now CAS129481-C8H1J0) and 1117174 (now CAS129649-Z5H3W3) (the "Investigations") into whether I engaged in professional misconduct, including inappropriate and aggressive conduct, or potential sexual abuse.
(4) I, Dr. Nahvi, acknowledge that the College has accepted this Undertaking in lieu of making an Order under section 25.4 of the Code at this time, and that it supercedes the previous Undertaking made in lieu of an Order under section 25.4 on September 23, 2022.
(5) I, Dr. Nahvi, acknowledge that this Undertaking does not preclude the ICR Committee from making an Order at a later date in accordance with the Code.
(6) I, Dr. Nahvi, acknowledge that this Undertaking continues in force until the matters currently being investigated are disposed of by a panel of the ICR Committee or the Discipline Tribunal.
B. UNDERTAKING
(7) I, Dr. Nahvi, undertake to abide by the provisions of this Undertaking, effective immediately.
(8) Practice Restrictions
(a) I, Dr. Nahvi, undertake that I will restrict my practice to Emergency Medicine only, at a hospital where I have privileges to so practice. For greater clarity, I, Dr. Nahvi, undertake not to practice Family Medicine in any capacity or at any location.
(9) Monitoring
(a) I, Dr. Nahvi, undertake to inform the College of each and every location at which I practice 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. Nahvi, undertake that I will submit to, and not interfere with, unannounced inspections of my Practice Locations and patient charts by the College for the purposes of monitoring my compliance with the provisions of this Undertaking.
C. ACKNOWLEDGEMENT
(10) I, Dr. Nahvi, acknowledge that all appendices attached to or referred to in this Undertaking form part of this Undertaking.
(11) I, Dr. Nahvi, 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.
(12) I, Dr. Nahvi, 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. Nahvi, 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").
(14) I, Dr. Nahvi, acknowledge that a breach of any provision of this Undertaking may constitute an act of professional misconduct and may result in a referral of specified allegations to the Discipline Tribunal.
(15) I, Dr. Nahvi, 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.
(16) I, Dr. Nahvi, acknowledge that this Undertaking constitutes terms, conditions, and limitations on my certificate of registration for the purposes of section 23 of the Code.
(17) Public Register
(a) I, Dr. Nahvi, acknowledge that, during the time period that this Undertaking remains in effect, this Undertaking shall be posted on the Public Register.
(b) I, Dr. Nahvi, acknowledge that, in addition to this Undertaking being posted in accordance with section (17)(a) above, the following summary shall be posted on the Public Register during the time period that this Undertaking remains in effect:
Dr. Nahvi is the subject of College investigations into his practice. During the investigations, and in the event of a referral to the Discipline Tribunal:
Dr. Nahvi has agreed to restrict his practice to Emergency Medicine.
D. CONSENT
(18) I, Dr. Nahvi, 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.
(19) I, Dr. Nahvi, 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.
(20) I, Dr. Nahvi, 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.
(21) I, Dr. Nahvi, acknowledge that I have executed the OHIP consent form, attached hereto as Appendix "A".