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THE FOLLOWING INFORMATION WAS OBTAINED FROM THE DOCTOR SEARCH SECTION OF THE WEBSITE OF THE COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO WWW.CPSO.ON.CA
Date: 25/07/21 18:45:07 PM

Naghibi, Sam

CPSO#: 94848

MEMBER STATUS
Active Member as of 17 Feb 2011
CPSO REGISTRATION CLASS
Restricted as of 09 Apr 2021

Summary

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Former Name: No Former Name

Gender: Male

Languages Spoken: English, Farsi

Education:Dow Medical College, 1979

Practice Information

Primary Location of Practice
Unit 106
531 Davis Drive
Newmarket ON  L3Y 6P5
Phone: (905) 235-8878
Fax: (905) 235-8890 Electoral District: 05

Professional Corporation Information


Corporation Name: Dr. Naghibi Medicine Professional Corporation
Certificate of Authorization Status: Issued Date:  Apr 18 2011

Shareholders:
Dr. S. Naghibi ( CPSO# 94848 )

Business Address:
Suite 106
531 Davis Drive
Newmarket ON  L3Y 6P5
Phone Number: (905) 235-8878

Specialties

Specialty Issued On Type
Family Medicine Effective:16 Dec 2010 CFPC Specialist

Registration History

Action Issue Date
First certificate of registration issued: Independent Practice Certificate Effective: 17 Feb 2011
Transfer of class of certificate to: Restricted certificate Effective: 09 Apr 2021

Practice Restrictions

Imposed By Effective Date Expiry Date Status
member Effective: 13 Apr 2021 Active
 As from April 9, 2021, the following are imposed as terms, conditions and limitations on the certificate of registration held by Dr. Sam Naghibi in accordance with an undertaking and consent given by Dr. Naghibi to the College of Physicians and Surgeons of Ontario:


UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT 
("Undertaking")

of

DR. SAM NAGHIBI
("Dr. Naghibi")

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;

"ICR Committee" means the Inquiries, Complaints and Reports Committee of the College;

"OHIP" means the Ontario Health Insurance Plan;

"Public Register" means the College's register that is available to the public. 

(2)	I, Dr. Naghibi, certificate of registration number 94848, am a member of the College.  

(3)	I, Dr. Naghibi, acknowledge that I am the subject of a College investigation bearing File Number 1115643 into whether I engaged in professional misconduct or am incompetent, including by engaging in inappropriate and/or aggressive conduct of a sexual and/or physical nature, and/or engaging in inappropriate sexual conduct with patients or former patients, arising out of charges of Sexual Assault, Sexual Interference, and Administering Noxious Thing laid against me under sections 151, 245, and 271 of the Criminal Code.  

(4)	I, Dr. Naghibi, acknowledge that the College has accepted this Undertaking in lieu of making an Order under section 25.4 of the Code at this time.

(5)	I, Dr. Naghibi, 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. Naghibi, acknowledge that this Undertaking continues in force until the matters currently referred are disposed of by a panel of the ICR Committee or the Discipline Committee.

B.	UNDERTAKING AND ACKNOWLEDGEMENT

(7)	I, Dr. Naghibi, undertake to abide by the provisions of this Undertaking, effective immediately ("Effective Date").

(8)	Practice Restrictions

(a)	I, Dr. Naghibi, undertake that I shall not conduct breast, pelvic or rectal examinations on any patient. 

(b)	I, Dr. Naghibi, undertake to provide a referral to another physician for any patient who seeks and/or may in my judgment require a breast, pelvic, or rectal examination and shall record the referral and reasons for referral in the patient's chart.

(c)	I,   Dr. Naghibi,  undertake that I shall not engage in any professional encounters, in person or otherwise ("Professional Encounter" or "Professional Encounters"), with patients of any age, in any jurisdiction, unless the Professional Encounter takes place in the continuous presence and under the continuous observation of a monitor who is a regulated health professional acceptable to the College (the "Practice Monitor"), and unless the other requirements provided in this Undertaking are fulfilled. For further clarity, I understand that I must not be alone with any patient, for any length of time, during any Professional Encounter, whether or not the parent or guardian of the patient is also present.

(d)	I, Dr. Naghibi, acknowledge that I have reviewed the Practice Monitor's undertaking, attached hereto as Appendix "A" and understand what is required of the Practice Monitor including, but not limited to:

1.	providing reports (as described in the Practice Monitor's undertaking) to the College on at least a monthly basis; 

2.	remaining present at all times during all Professional Encounters with all patients; 

3.	carefully observing all of my Professional Encounters with patients, including but not limited to physical examinations.  I further acknowledge my obligation to ensure the Practice Monitor's view of all of my Professional Encounters with patients, including physical examinations, is unobstructed at all times; 

4.	refraining from performing any other functions, except those required in the Practice Monitor's undertaking attached as Appendix "A", while observing me in all my Professional Encounters with patients; 

5.	maintaining a log of all Professional Encounters with patients in the form attached to this Undertaking as Appendix "B" (the "Log");

6.	initialling all corresponding entries in the records of patients noted in the Log; and

7.	submitting the original Log to the College on a monthly basis.

(e)	I, Dr. Naghibi, undertake to maintain an up to date copy of the Log by ensuring a copy is made at the end of each business day, and to make it available to the College upon request. 

(9)	I, Dr. Naghibi, 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.

(10)	Posting a Sign

(a)	I, Dr. Naghibi, undertake that, effective immediately, I shall post a sign in all waiting rooms, examination rooms and consulting rooms, in all of my Practice Locations, in a clearly visible and secure location, in the form set out in Appendix "C" that states:

"Dr. Naghibi shall not conduct breast, pelvic or rectal examinations on any patient. 

Dr. Naghibi must not have professional encounters, in person or otherwise, with patients, of any age, unless in the continuous presence and under the continuous observation of a practice monitor acceptable to the College of Physicians and Surgeons of Ontario.  Dr. Naghibi must not be alone during any professional encounter with any patient. Dr. Naghibi is currently facing criminal charges, including sexual assault. 
Further information may be found on the College website at www.cpso.on.ca".

(b)	I, Dr. Naghibi, undertake to post a certified translation in any language in which I provide services, of the sign described in section (10)(a), in all waiting rooms, examination rooms and consulting rooms, in all of my Practice Locations, in a clearly visible and secure location, in the form set out at Appendix "C."

(c)	I, Dr. Naghibi, undertake to provide the certified translation described in section (10)(b), to the College within thirty (30) days of executing this Undertaking.

(d)	I, Dr. Naghibi, 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. Naghibi, undertake to provide to the College the certified translation described in section (10)(b) prior to providing services in any language described in section (10)(d).

(11)	Notifying Patients 

(a)	I, Dr. Naghibi, undertake to ensure that each patient with whom I have a Professional Encounter is directly notified, prior to the Professional Encounter, of the details of the restrictions described in section (8)(a) and (b), above. 

(b)	With respect to patients with whom I have appointments that are scheduled at least seven (7) days in advance, I, Dr. Naghibi, undertake to ensure that each patient is directly notified, within seven (7) days after the appointment is scheduled, of the details of the restriction described in section (8)(a) and (b), above.

(12)	I, Dr. Naghibi, 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. 

(13)	I, Dr. Naghibi, 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. Naghibi, 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 Committee.

(15)	I, Dr. Naghibi, 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. Naghibi, acknowledge that, in the event of a referral to the Discipline Committee and in the event of an appeal of any Order of the Discipline Committee, if the Discipline Committee 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.

(17)	I, Dr. Naghibi, acknowledge that all appendices attached to or referred to in this Undertaking form part of this Undertaking.

(18)	I, Dr. Naghibi, acknowledge that this Undertaking constitutes terms, conditions, and limitations on my certificate of registration for the purposes of section 23 of the Code. 

(19)	Public Register

(a)	I, Dr. Naghibi, acknowledge that, during the time period that this Undertaking remains in effect, this Undertaking shall be posted on the Public Register.

(b)	I, Dr. Naghibi, acknowledge that, in addition to this Undertaking being posted in accordance with section (19)(a) above, the following summary shall be posted on the Public Register during the time period that this Undertaking remains in effect:

Dr. Naghibi is the subject of an investigation following charges under sections 151, 245, and 271 of the Criminal Code of Canada being laid against him. During the investigation and in the event of a referral to the Discipline Committee: 

Dr. Naghibi shall not conduct breast, pelvic or rectal examinations on any patient. 

Dr. Naghibi must not engage in any professional encounters, in person or otherwise, with patients of any age, in any jurisdiction, unless the patient encounter takes place in the continuous presence of a monitor who is a regulated health professional acceptable to the College, and unless the other requirements provided in Dr. Naghibi's Undertaking with the College are fulfilled.  For further clarity, Dr. Naghibi must not be alone with any patient during any professional encounter.

Dr. Naghibi shall post a sign in all waiting rooms, examination rooms and consulting rooms, in all Practice Locations, in a clearly visible and secure location, that states: "Dr. Naghibi shall not conduct breast, pelvic or rectal examinations of any patient. Dr. Naghibi must not have professional encounters, in person or otherwise, with patients of any age, unless in the continuous presence of a practice monitor acceptable to the College of Physicians and 
Surgeons of Ontario.  Dr. Naghibi must not be alone with any patient during any professional encounter. Dr. Naghibi is currently facing criminal charges, including sexual assault. 

Further information may be found on the College website at www.cpso.on.ca".

C.	CONSENT

(20)	I, Dr. Naghibi, 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. Naghibi, acknowledge that I have executed the OHIP consent form, attached hereto as Appendix "D".

(22)	I, Dr. Naghibi, consent to submit and not interfere with, unannounced inspections of my Practice Locations and patient records by the College and to any other activity the College deems necessary in order to monitor my compliance with the provisions of this Undertaking.

(23)	I, Dr. Naghibi, give my irrevocable consent to the College to provide the following information to all Practice Monitors:

(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.

(24)	I, Dr. Naghibi, give my irrevocable consent to all Practice Monitors 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 Practice Monitor's undertaking set out at Appendix "A"; 

(c)	any information relevant for the purposes of monitoring my compliance with this Undertaking.

(25)	I, Dr. Naghibi, 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.

(26)	I, Dr. Naghibi, 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.


Concerns

Source: Member
Active Date: April 9, 2021
Expiry Date:
Summary:
Summary of the Undertaking given by Dr. Sam Naghibi to the College of Physicians and Surgeons of Ontario, effective April 9, 2021:

Dr. Naghibi is the subject of an investigation following charges under sections 151, 245, and 271 of the Criminal Code of Canada being laid against him. During the investigation and in the event of a referral to the Discipline Committee:

Dr. Naghibi shall not conduct breast, pelvic or rectal examinations on any patient.

Dr. Naghibi must not engage in any professional encounters, in person or otherwise, with patients of any age, in any jurisdiction, unless the patient encounter takes place in the continuous presence of a monitor who is a regulated health professional acceptable to the College, and unless the other requirements provided in Dr. Naghibi’s Undertaking with the College are fulfilled. For further clarity, Dr. Naghibi must not be alone with any patient during any professional encounter.

Dr. Naghibi shall post a sign in all waiting rooms, examination rooms and consulting rooms, in all Practice Locations, in a clearly visible and secure location, that states: “Dr. Naghibi shall not conduct breast, pelvic or rectal examinations of any patient. Dr. Naghibi must not have professional encounters, in person or otherwise, with patients of any age, unless in the continuous presence of a practice monitor acceptable to the College of Physicians and Surgeons of Ontario. Dr. Naghibi must not be alone with any patient during any professional encounter. Dr. Naghibi is currently facing criminal charges, including sexual assault.

Further information may be found on the College website at www.cpso.on.ca”.

 

Source: Other
Active Date: March 5, 2021
Expiry Date:
Summary:
CHARGES
Sam Naghibi was charged with the following offences:

1. 11 counts of Sexual Assault between January 1, 2007 and January 29, 2021, contrary to Section 271 of the Criminal Code of Canada.
2. 2 counts of Sexual Interference with a person under 16, between September 1, 2015 and January 19, 2021, contrary to Section 151 of the Criminal Code of Canada.
3. 1 count of Sexual Assault with a Weapon, on or about September 11, 2012, contrary to Section 272(2) of the Criminal Code of Canada.
4. 1 count of Administering noxious thing with intent to endanger life, on or about September 11, 2012, contrary to Section 245(a) of the Criminal Code of Canada.

Date of charges: January 29, 2021 and March 4, 2021
Place of charge: Newmarket, Ontario
York Regional Police

 

Source: Other
Active Date: March 5, 2021
Expiry Date:
Summary:
On March 4, 2021, the following conditions of release (bail conditions) were imposed on Sam Naghibi:
1. Reside with surety at specified address, each and every night and follow the directions and advice of your Surety in all matters.
2. Notify the Officer in Charge (or designate) in writing within 24 hours of any change in your address.
3. Remain in the Province of Ontario.
4. Deposit all passports, including Canadian and Iranian passports with specified officer with York Region Police, or his designate, within 72 hours of your release.
5. Do not possess any passport or document permitting foreign travel.
6. Do not contact or communicate in any way either directly or indirectly, by any physical, electronic or other means, with specified individuals.
7. Do not be within 100 metres of any place where you know any of the specified individual(s) to live, work, go to school, frequent or any place you know the specified individual(s) to be, except for required court appearances.
8. Not to be in the alone with any person under the age of 16 unless in the direct presence of your Surety or a Practice Monitor.
9. Do not possess any weapons as defined by the Criminal Code of Canada.
10. You will report all allegations to the College of Physicians and Surgeons within 72 hours of the date of the release conditions.
11. You may only practice medicine after entering into an Undertaking with the College of Physicians and Surgeons of Ontario, which will be placed on their public register.
12. You are to have no professional interactions with patients except in the direct presence of a practice monitor who is a regulated health professional who is approved by the College of Physicians and Surgeons.
13. You must post a sign in the visible area of the waiting room and each examination room stating your name and notification that you are not to have any professional interaction with patients except or unless in the direct presence of a practice monitor.