Daly, Lanval Joseph

 
As from April 27, 2021, the following are imposed as terms, conditions and limitations on the certificate of registration held by Dr. Lanval Daly in accordance with an undertaking and consent given by Dr. Daly to the College of Physicians and Surgeons of Ontario:


UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT
("Undertaking")

of

DR. LANVAL JOSEPH DALY
("Dr. Daly")

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; 
"OHIP" means the Ontario Health Insurance Plan;
"Public Register" means the College's register that is available to the public.
(2)	I, Dr. Daly, certificate of registration number 27674, am a member of the College.  
(3)	I, Dr. Daly, acknowledge that I entered into an undertaking dated August 9, 2019 ("the August 2019 Undertaking") following an investigation into my obstetrical and gynecological practice, in which I agreed to restrict my practice and undergo clinical supervision. I further acknowledge that the clinical supervision component of the August 2019 Undertaking never commenced.
(4)	I, Dr. Daly, acknowledge that this Undertaking replaces the August 2019 Undertaking. 
B.	UNDERTAKING
(5)	I, Dr. Daly, undertake to abide by the provisions of this Undertaking, effective immediately. 
(6)	Practice Restrictions
(a)	I, Dr. Daly, undertake that I will restrict my practice to the following office-based gynecological procedures:
(i)	Pap smears;
(ii)	Insertion and removal of intrauterine devices (IUDs); 
(iii)	Diaphragm fitting and removal; 
(iv)	Initial investigation of abnormal cytology of vulva and/or vagina or cervix under colposcopic technique with or without biopsy(ies) and/or endocervical curetting;
(v)	Follow-up colposcopy with or without biopsy(ies) and/or endocervical curetting;
(vi)	Excision of cervical and vaginal polyps;
(vii)	Biopsy of vulva with or without fulguration; and
(viii)	Endometrial biopsies.

(b)	I, Dr. Daly, undertake that should I wish to expand the list of office-based gynecological procedures that I may perform, I will provide a minimum of fourteen (14) days' notice to the College of my intent to do so, and any additions to the list of procedures set out in this section will be subject to College approval. 
(c)	I, Dr. Daly, acknowledge that if the College approves any additional office-based gynecological procedures that I may perform, I will be required to execute an addendum to this Undertaking or a new undertaking to reflect these changes. 
(7)	Monitoring 
(a)	I, Dr. Daly, 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 a minimum of fourteen (14) days in advance of commencing practice at that location. 
(b)	I, Dr. Daly, 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. Daly, 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.
(d)	I, Dr. Daly, acknowledge that I have executed the OHIP consent form, attached hereto as Appendix "A".
C.	ACKNOWLEDGEMENT
(8)	I, Dr. Daly, acknowledge and agree that I am bound by the College's Policy on Ensuring Competence: Changing Scope of Practice and/or Re-entering Practice. 
(9)	I, Dr. Daly, acknowledge that all appendices attached to or referred to in this Undertaking form part of this Undertaking.
(10)	I, Dr. Daly, 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. Daly, 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. Daly, 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. Daly, 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 Committee.
(14)	I, Dr. Daly, acknowledge that this Undertaking constitutes terms, conditions, and limitations on my certificate of registration for the purposes of section 23 of the Code. 
(15)	Public Register
(a)	I, Dr. Daly, acknowledge that, during the time period that this Undertaking remains in effect, this Undertaking shall be posted on the Public Register.
(b)	I, Dr. Daly, acknowledge that, in addition to this Undertaking being posted in accordance with section (15)(a) above, the following summary shall be posted on the Public Register during the time period that this Undertaking remains in effect:
Dr. Daly's practice is restricted to the following office-based gynecological procedures: 
Pap smears
Insertion and removal of intrauterine devices (IUDs)
Diaphragm fitting and removal
	Initial investigation of abnormal cytology of vulva and/or vagina or cervix under colposcopic technique with or without biopsy(ies) or endocervical curetting
	Follow up colposcopy with or without biopsy(ies) and/or endocervical curetting
Excision of cervical and vaginal polyps
	Biopsy of vulva with or without fulguration
Endometrial biopsies 

D.	CONSENT
(16)	I, Dr. Daly, 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.