(1 of 3)
As from April 6, 2017, the following is imposed as a term, condition and
limitation on the certificate of registration held by Dr. Joseph Samuel Anthony
Falletta in accordance with an undertaking and consent given by Dr. Falletta to
the College of Physicians and Surgeons of Ontario:
Dr. Falletta has ceased practising medicine until such time as he has
obtained a Clinical Supervisor acceptable to the College.
(2 of 3)
As from October 11, 2017, the following is imposed as a term, condition and
limitation on the certificate of registration held by Dr. Joseph Samuel Anthony
Falletta in accordance with an undertaking and consent given by Dr. Falletta to
the College of Physicians and Surgeons of Ontario:
UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT
("Undertaking") of
DR. JOSEPH SAMUEL FALLETTA
("Dr. Falletta") 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;
"ICR Committee" means the Inquiries, Complaints and Reports Committee of
the College;
"Public Register" means the College's register that is available to the
public.
(2) I, Dr. Falletta, certificate of registration number 20791, am a member of
the College. The College has received information regarding my standard
of practice.
(3) I, Dr. Falletta, acknowledge that the College initiated an investigation
bearing File Number 404608(the "Investigation") into whether I engaged in
professional misconduct and/or am incompetent in my boxing medicine
practice.
(4) I, Dr. Falletta, acknowledge that, if an original copy of this
Undertaking as signed by me is accepted by the Inquiries, Complaints and
Reports Committee, the College will also deliver a caution in person.
B. UNDERTAKING
(5) I, Dr. Falletta, undertake to abide by the provisions of this
Undertaking, effective upon the date this Undertaking is approved by the
ICR Committee ("Effective Date").
(6) Professional Education
(a) I, Dr. Falletta, undertake to participate in and successfully
complete all of the following professional education (the
"Professional Education"):
(i) individualized coaching in medical professionalism
satisfactory to the College, with an instructor approved by
the College
(b) I, Dr. Falletta, 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. Falletta, undertake to complete this requirement within six
(6) months of the date of this undertaking.
C. ACKNOWLEDGEMENT
(7) I, Dr. Falletta, 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.
(8) I, Dr. Falletta, 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.
(9) I, Dr. Falletta, 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 of the College.
(10) I, Dr. Falletta, acknowledge that this Undertaking constitutes terms,
conditions, and limitations on my certificate of registration for the
purposes of section 23 of the Code.
(11) Public Register
(a) I, Dr. Falletta, acknowledge that, during the time period that this
Undertaking remains in effect, this Undertaking shall be posted on
the Public Register.
(b) I, Dr. Falletta, acknowledge that, in addition to this Undertaking
being posted in accordance with section (11)(a) above, the
following summary shall be posted on the Public Register during the
time period that this Undertaking remains in effect:
A College investigation was conducted into whether Dr.
Falletta engaged in professional misconduct and/or is
incompetent in his boxing medicine practice. As a result of
the investigation:
Dr. Falletta will engage in individualized education in
professionalism.
D. CONSENT
(12) I, Dr. Falletta, 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.
(13) I, Dr. Falletta, give my irrevocable consent to any persons who
facilitate my completion of the Professional Education to disclose to the
College, and to one another, any information:
(a) relevant to this Undertaking;
(b) relevant for the purposes of monitoring my compliance with this
Undertaking;
and/or
(c) which comes to their attention in the course of providing the
Professional Education and which they reasonably believes indicates
a potential risk of harm to my patients.
(3 of 3)
As from October 3, 2016, the following is imposed as a term, condition and
limitation on the certificate of registration held by Dr. Joseph Samuel Anthony
Falletta in accordance with an undertaking and consent given by Dr. Falletta to
the College of Physicians and Surgeons of Ontario:
UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT
("Undertaking")
of
DR. JOSEPH SAMUEL ANTHONY FALLETTA
("Dr. Falletta")
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;
"ICR Committee" means the Inquiries, Complaints and Reports Committee of
the College;
"OHIP" means the Ontario Health Insurance Plan.
(2) I, Dr. Falletta, certificate of registration number 20791, am a member of
the College. The College has received information regarding my standard
of practice.
(3) I, Dr. Falletta, acknowledge that this undertaking replaces my March 3,
2016 undertaking with the College.
B. UNDERTAKING
(4) I, Dr. Falletta, acknowledge and agree that I am bound by this
Undertaking from the date on which I sign it.
(5) Practice Restrictions
(a) I, Dr. Falletta, undertake that, effective immediately, I will
restrict my practice to conducting annual physical examinations of
boxers.
(6) Resignation of Prescribing Privileges
(a) I, Dr. Falletta, acknowledge that I have executed the Prescribing
Resignation Letter to Health Canada, which is attached hereto as
Schedule "A" (the "Resignation Letter").
(b) I, Dr. Falletta, consent to the College sending the Resignation
Letter to Health Canada on my behalf.
(c) I, Dr. Falletta, undertake and agree that I will not issue new
prescriptions or renew existing prescriptions for any of the
following substances:
(i) Narcotic Drugs (from the Narcotic Control Regulations made
under the Controlled Drugs and Substances Act, S.C., 1996, c.
19);
(ii) Narcotic Preparations (from the Narcotic Control Regulations
made under the Controlled Drugs and Substances Act, S.C.,
1996, c. 19);
(iii) Controlled Drugs (from Part G of the Food and Drug
Regulations under the Food and Drugs Act, S.C., 1985, c.
F-27);
(iv) Benzodiazepines and Other Targeted Substances (from the
Benzodiazepines and Other Targeted Substances Regulations
made under the Controlled Drugs and Substances Act., S.C.,
1996, c. 19);
(A summary of the above-named drugs [from Appendix I to the
Compendium of Pharmaceuticals and Specialties] is attached
hereto as Schedule "B"; and the current regulatory lists are
attached hereto as Schedule "C")
(v) All other Monitored Drugs (as defined under the Narcotics
Safety and Awareness Act, 2010, S.O. 2010, c. 22 as noted in
Schedule "D");
and as amended from time to time.
(7) I, Dr. Falletta, undertake that I will return any supplies of the
substances referred to in section (6)(c) above that are presently in my
possession, in any place, to a pharmacy in a safe and secure manner, as
stipulated in the College's Policy Number 8-12, "Prescribing Drugs."
(8) Dr. Falletta must post a clearly visible sign in the waiting rooms of all
his Office Practice Locations, attached hereto as Schedule "E" which
states as follows:
IMPORTANT NOTICE
Dr. Joseph Samuel Anthony Falletta has agreed not to prescribe any
of the following:
-Narcotic Drugs
-Narcotic Preparations
-Controlled Drugs
-Benzodiazepines and Other Targeted Substances
-All other Monitored Drugs
Further information may be found on the College of Physicians and
Surgeons of Ontario website at www.cpso.on.ca
(9) Clinical Supervision
(a) I, Dr. Falletta, undertake to practice under the guidance of a
clinical supervisor(s) acceptable to the College (the "Clinical
Supervisor(s)") .
(b) I, Dr. Falletta, acknowledge that I have reviewed the Clinical
Supervisor(s)'s undertaking, attached hereto as Schedule "F", and
understand what is required of the Clinical Supervisor(s). The
Clinical Supervisor(s) will, at minimum:
(i) Facilitate the education program set out in the
Individualized Education Plan ("IEP") attached as Schedule
"G";
(ii) Within four months of the date of this undertaking, review my
charts from a minimum of 5 annual physical examinations of a
boxer;
(iii) Within two months of the date of this undertaking, facilitate
my direct observation of his or her sports medicine practice
for a minimum of four half days;
(iv) Discuss any concerns arising from the chart reviews;
(v) Make recommendations to me for practice improvements and
ongoing professional development and inquire into my
compliance with the recommendations;
(vi) Perform any other duties, such as reviewing other documents
or conducting interviews with staff or colleagues, that the
Clinical Supervisor(s) deem necessary to my Clinical
Supervision; and
(vii) Provide a report to the College after the completion of
8b(ii) and (iii)
or more frequently if the Clinical Supervisor(s) has concerns
about my standard of practice.
(c) I, Dr. Falletta, acknowledge that the charts reviewed shall be
selected by the Clinical Supervisor(s) based on the educational
needs identified in the IEP set out at Schedule "G" to my
Undertaking, and concerns that may arise during the period of
Clinical Supervision.
(d) I, Dr. Falletta, undertake to cooperate fully with the Clinical
Supervision of my practice, conducted under the term of this
Undertaking and Schedule "F" attached, and to abide by the
recommendations of my Clinical Supervisor(s), including but not
limited to, any recommended practice improvements and ongoing
professional development.
(e) I, Dr. Falletta, undertake to ensure that Schedule "F" to this
Undertaking, is signed and delivered to the College within thirty
(30) days of the date I execute this Undertaking
(f) I, Dr. Falletta, undertake that if a person who has given an
undertaking in Schedule "F" to this Undertaking is unable or
unwilling to continue to fulfill its provisions, I shall, within
twenty (20) 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.
(g) I, Dr. Falletta, agree that if I am unable to obtain a Clinical
Supervisor on the provisions set out under sections (9)(e) and/or
(f) above, I will cease practicing medicine until such time as I
have obtained a Clinical Supervisor acceptable to the College.
(h) I, Dr. Falletta agree that if I am required to cease practice as a
result of section (9)(g) 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.
(10) Professional Education
(a) I, Dr. Falletta, undertake to participate in and successfully
complete the following professional education:
(i) all aspects of the detailed IEP (Schedule G); and
(ii) any additional professional education recommended by my
Clinical Supervisor(s).
(b) I, Dr. Falletta, undertake to provide proof to the College of my
successful completion of the professional education set out in
section (10)(a) within one (1) month of completing it.
(c) I, Dr. Falletta, acknowledge that a report or reports may be
provided to the College regarding my progress and compliance with
the professional education set out in section (10)(a).
(d) I, Dr. Falletta, undertake to complete this requirement within four
months or, if no satisfactory program is available by that time, by
the first possible opportunity thereafter.
(11) Reassessment of Practice
(a) I, Dr. Falletta, undertake that, approximately six (6) months after
the completion of the Clinical Supervision set out in section (9)
above and Schedule "F" attached, I will submit to a Reassessment of
my practice ("the Reassessment") by an assessor or assessors
selected by the College (the "Assessor(s)"). I acknowledge and
agree that the Reassessment may include a chart review, direct
observation of my care, interviews with colleagues and co-workers,
feedback from patients and any other tools deemed necessary by the
College.
(b) I, Dr. Falletta, undertake to co-operate fully with the
Reassessment, conducted under the term of this Undertaking and to
abide by those recommendations of the Assessor(s) that are approved
by the ICR Committee.
(c) I, Dr. Falletta, acknowledge and agree that my Clinical
Supervisor(s) may receive and review the findings of the
Assessor(s), and may discuss with the Assessor(s) any issues or
concerns arising from the Reassessment. I also acknowledge that
the results of the Reassessment will be provided to me and reported
to the College and the report may form the basis of further action
by the College.
(d) I, Dr. Falletta, understand and agree that if I am of the view that
any of the Assessor(s)'s recommendations are unreasonable, I will
have thirty (30) days following my receipt of the recommendations
within which to provide the College with my submissions in this
regard. I further understand and agree that thereafter, the ICR
Committee will consider my submissions and make a determination
regarding whether or not the recommendations, or any of them, are
reasonable and if so, whether they, or any of them, constitute
limitations or restrictions on my practice, and that decision will
be provided to me.
(e) I, Dr. Falletta, undertake that, following the decision referenced
in section (11)(d) above, I will abide by those recommendations of
the Assessor(s) that the ICR Committee has determined are
reasonable.
(f) I, Dr. Falletta, hereby consent to any of the following being
included on the public register as terms, conditions or limitations
on my certificate of registration, for the purposes of section 23
of the Code:
(i) any recommendations of the Assessor(s) which are terms,
conditions or limitations on my practice;
(ii) any recommendations of the Assessor(s) which the ICR
Committee has identified in its decision referenced in
section (11)(d) as terms, conditions or limitations on my
practice.
(12) Monitoring
(a) I, Dr. Falletta, undertake to inform the College of each and every
location that I practise or have privileges, including, but not
limited to, hospital(s), clinic(s) and office(s), in any
jurisdiction (collectively my "Practice Location(s)"), within
fifteen (15) days of executing this Undertaking. Going forward, I
further undertake to inform the College of any and all new Practice
Locations within fifteen (15) days of commencing practice at that
location.
(b) I, Dr. Falletta, undertake and agree that I will submit to, and not
interfere with, unannounced inspections of my Practice Location(s)
and patient records by a College representative for the purposes of
monitoring my compliance with the provisions of this Undertaking.
(c) I, Dr. Falletta, give my irrevocable consent to the College to make
appropriate enquiries of OHIP and NMS, 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. Falletta, acknowledge that I have executed the OHIP and NMS
consent form(s), attached hereto as Schedule "H" and Schedule "I".
(13) I, Dr. Falletta, undertake to comply with this Undertaking and
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
of the College.
C. ACKNOWLEDGEMENT
(14) I, Dr. Falletta, acknowledge that all appendices attached to or referred
to in this Undertaking form part of this Undertaking.
(15) I, Dr. Falletta, acknowledge 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.
(16) I, Dr. Falletta, acknowledge and confirm 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.
(17) I, Dr. Falletta, acknowledge that this entire Undertaking constitutes
terms, conditions, and limitations on my certificate of registration for
the purposes of section 23 of the Code. I understand that this
Undertaking shall be information on the College's Register that is
available to the public during the time period that the Undertaking
remains in effect.
(18) I, Dr. Falletta, acknowledge that the following summary will appear on
the College's Register that is available to the public during the time
period that this Undertaking remains in effect:
Dr. Falletta has voluntarily restricted his practice to conducting
annual physical examinations of boxers.
Dr. Falletta will practice under the guidance of a Clinical
Supervisor acceptable to the College.
Dr. Falletta's practice will be reassessed by an assessor selected
by the College within 6 months of the end of the period of Clinical
Supervision.
Dr. Falletta must not issue new prescriptions or renew existing
prescriptions for any of the following substances:
(i) Narcotic Drugs (from the Narcotic Control Regulations made under
the Controlled Drugs and Substances Act, S.C., 1996, c. 19);
(ii) Narcotic Preparations (from the Narcotic Control Regulations made
under the Controlled Drugs and Substances Act, S.C., 1996, c. 19);
(iii) Controlled Drugs (from Part G of the Food and Drug Regulations
under the Food and Drugs Act, S.C., 1985, c. F-27);
(iv) Benzodiazepines and Other Targeted Substances (from the
Benzodiazepines and Other Targeted Substances Regulations made
under the Controlled Drugs and Substances Act., S.C., 1996, c. 19);
(v) All other Monitored Drugs (as defined under the Narcotics Safety
and Awareness Act, 2010, S.O. 2010, c. 22); and as amended from
time to time.
D. CONSENT
(19) I, Dr. Falletta, 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
set out in section (10) above and to all Clinical Supervisors, and/or
Assessors:
(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.
(20) I, Dr. Falletta, give my irrevocable consent to the College to provide
this Undertaking to any Chief of Staff, or a colleague with similar
responsibilities, at any Practice Location ("Chief(s) of Staff"), and to
provide said Chief(s) 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.
(21) I, Dr. Falletta, give my irrevocable consent to any person who
facilitates my completion of the professional education set out in
section (10) above, and to all Clinical Supervisors, Chiefs of Staff and
Assessors, to disclose to the College, and to one another, any
information:
(a) relevant to this Undertaking;
(b) relevant to the provisions of the Clinical Supervisor's undertaking
set out at Schedule F;
(c) relevant to the Reassessment;
(d) relevant for the purposes of monitoring my compliance with this
Undertaking; and/or
(e) which comes to his or her attention in the course of providing the
professional education set out in section (10) above and which he
or she reasonably believes indicates a potential risk of harm to my
patients.