As from March 21st, 2024, the following are imposed as terms, conditions and limitations on the certificate of registration held by Dr. Rakhee Banik in accordance with an undertaking and consent given by Dr. Banik to the College of Physicians and Surgeons of Ontario:
UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT
("Undertaking")
of
DR. RAKHEE BANIK
("Dr. Banik")
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;
"IEP" means Individualized Education 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. Banik, certificate of registration number 112101, am a member of the College.
(3) I, Dr. Banik, acknowledge that following a public complaint, the College conducted an investigation bearing File Number CAS-450879-C8Q0V4 (the "Investigation") into my care of a patient in my family medicine practice.
B. UNDERTAKING
(4) I, Dr. Banik, undertake to abide by the provisions of this Undertaking, effective immediately.
(5) Professional Education
(a) I, Dr. Banik, undertake to participate in and successfully complete all aspects of the detailed IEP, attached hereto as Appendix "A", including all of the following professional education (the "Professional Education"):
(i) Review, reflection, and a written summary of the following policies and other self-study:
1. Penner, R.; Fishman, M.B. (2023). Evaluation of the adult with abdominal pain. UpToDate;
2. Roy-Chowdhury, N.; Roy-Chowdhury, J. (2023). Diagnostic approach to the adult with jaundice or asymptomatic hyperbilirubinemia, UpToDate;
3. Curhan, G.C.; Aronson, M.D.; Preminger, G.M. (2024). Kidney stones in adults: Diagnosis and acute management of suspected nephrolithiasis. UpToDate;
4. Low Back Pain, The Centre for Effective Practice;
5. Physician Behaviour in the Professional Environment, College policy;
6. Ending the Physician-Patient Relationship, College policy;
7. Good Practices - Physician-Patient: Patient-centred communication, CMPA;
8. Medical Records Documentation, College policy;
9. Virtual Care, College policy; and
(ii) Successful Patient Interactions, CMPA.
(b) I, Dr. Banik, undertake to provide proof to the College of my successful completion of the Professional Education, including proof of registration and attendance and participant assessment reports, within one (1) month of completing it. I acknowledge that the College will determine, in its sole discretion, whether I have successfully completed the Professional Education.
(c) I, Dr. Banik, undertake to complete this requirement within three (3) months, or, if no satisfactory program is available by that time, by the first possible opportunity thereafter.
(d) I, Dr. Banik, acknowledge that a report or reports may be provided to the College regarding my progress and compliance with the Professional Education.
(e) I, Dr. Banik, acknowledge that if any of the programs or resources listed above become unavailable, substitution requests will be reviewed by the College and the College will determine in its sole discretion whether substitution is appropriate.
(6) Monitoring
(a) I, Dr. Banik, 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.
C. ACKNOWLEDGEMENT
(7) I, Dr. Banik, acknowledge that all appendices attached to or referred to in this Undertaking form part of this Undertaking.
(8) I, Dr. Banik, 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.
(9) I, Dr. Banik, 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.
(10) I, Dr. Banik, 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").
(11) I, Dr. Banik, 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.
(12) I, Dr. Banik, acknowledge that this Undertaking constitutes terms, conditions, and limitations on my certificate of registration for the purposes of section 23 of the Code.
(13) Public Register
(a) I, Dr. Banik, acknowledge that, during the time period that this Undertaking remains in effect, this Undertaking shall be posted on the Public Register.
(b) I, Dr. Banik, acknowledge that, in addition to this Undertaking being posted in accordance with section (13)(a) above, the following summary shall be posted on the Public Register during the time period that this Undertaking remains in effect:
Following a public complaint, a College investigation was conducted into Dr. Banik's care of a patient in his family medicine practice. As a result of the investigation:
Dr. Banik will engage in professional education, including in the evaluation of abdominal pain, renal colic and possible hepato-biliary disease, communication, and medical record-keeping.
(c) I, Dr. Banik, acknowledge that this Undertaking remains in effect until the College determines its terms are satisfied.
D. CONSENT
(14) I, Dr. Banik, give my irrevocable consent to the College to provide the following information to any person who requires this information for the purposes of facilitating my completion of the Professional Education:
(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.
(15) I, Dr. Banik, 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.
(16) I, Dr. Banik, give my irrevocable consent to any persons who facilitate my completion of the Professional Education, and to all 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 for the purposes of monitoring my compliance with this Undertaking;
(c) any information which comes to their attention in the course of providing the Professional Education and which they reasonably believe indicates a potential risk of harm to my patients.