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Guirguis, Emad Samir Luka

CPSO#: 86179

MEMBER STATUS
Expired: Failure to Renew Membership as of 15 Aug 2019
CPSO REGISTRATION CLASS
None as of 03 Feb 2017

Summary

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Former Name: No Former Name

Gender: Male

Languages Spoken: Arabic, English

Education:Asyut University, 1987

Practice Information

Primary Location of Practice
Practice Address Not Available

Medical Records Location

Address: [email protected]
Instructions: Please email requests for copies of medical records to the email above.
Date Received: 07 May 2018

Specialties

Specialty Issued On Type
Family Medicine Effective:06 Dec 2006 CFPC Specialist

Registration History

Action Issue Date
First certificate of registration issued: Independent Practice Certificate Effective: 29 May 2007
Transfer of class of certificate to: Restricted certificate Effective: 03 Feb 2017
Terms and conditions imposed on certificate Effective: 03 Feb 2017
Terms and conditions amended by member Effective: 07 Mar 2017
Terms and conditions amended by member Effective: 19 Mar 2017
Suspension of registration imposed: Discipline Committee Effective: 24 Aug 2018
Suspension of registration removed Effective: 24 Feb 2019
Terms and conditions amended by Discipline Committee Effective: 24 Feb 2019
Expired: Failure to Renew Membership Expiry: 15 Aug 2019

Previous Hearings

Committee: Discipline
Decision Date: 09 Feb 2021
Summary:

On October 2, 2019, allegations of Dr. E.S.L. Guirguis’ professional misconduct were 
referred to the Discipline Committee of the College. It was alleged that Dr. Guirguis 
engaged in disgraceful, dishonourable or unprofessional conduct, and contravened a 
term, condition or limitation on his certificate of registration.  
 
On February 9, 2021, the Discipline Committee heard this matter by videoconference, in 
the presence of counsel for the College and counsel for Dr. Guirguis. On the basis of a 
Statement of Uncontested Facts and Plea of No Contest, the Committee found that Dr. 
Guirguis committed an act of professional misconduct in that he engaged in an act or 
omission relevant to the practice of medicine that, having regard to all the 
circumstances, would reasonably be regarded by members as disgraceful, 
dishonourable or unprofessional; and contravened a term, condition or limitation on his 
certificate of registration. 
 
Disposition 
 
On February 9, 2021, the Discipline Committee ordered and directed that: 

   •  Dr. Guirguis attend before the panel to be reprimanded 
   •  The Registrar suspend Dr. Guirguis’ certificate of registration for nine months, 
      commencing February 10, 2021 
   •  The Registrar place terms, conditions and limitations on Dr. Guirguis’ certificate 
      of registration, as set out in the Order 
   •  Dr. Guirguis pay costs to the College in the amount of $6,000.00 
 
The Committee’s full reasons for decision, including the Statement of Uncontested 
Facts and Plea of No Contest, will be available on the College’s website, upon release.


Decision: Download Full Decision (PDF)
Hearing Date(s): February 9, 2021 at 9:00 a.m.

 

Committee: Discipline
Decision Date: 18 Jan 2018
Summary:

On January 18, 2018, the Discipline Committee found that Dr. Emad Samir Luka Guirguis 
committed an act of professional misconduct, in that he has engaged in an act or omission relevant 
to the practice of medicine that having regard to all the circumstances would reasonably be regarded 
by members as disgraceful, dishonourable, or unprofessional. 
 
Dr. Guirguis is a family physician practising in Mississauga and in Oakville.  He received his 
certificate of registration authorizing independent practice from the College of Physicians and 
Surgeons of Ontario (the “College’) in May 2007. At all relevant times, Dr. Guirguis practised in a 
group family medicine practice. 
       
Incapacity Investigation 
 
In May 2014, the College received information from a pharmacist and from a physician that Dr. 
Guirguis had been forging prescriptions for Percocet for himself using the College registration 
number and signature of a colleague with whom he shared an office.  
       
The College made preliminary inquiries into Dr. Guirguis’ capacity to practice medicine, which 
later became a full incapacity investigation. In response to receiving notice of the College’s intent 
to conduct an incapacity investigation, Dr. Guirguis provided information to the College regarding 
his self-prescribing and admitted that he had written prescriptions to himself under another 
physician’s name, explaining that he takes Percocet in order to treat a men’s health related issue.   
       
Percocet is brand name of a narcotic medication. The generic name for the opiate pain reliever in 
Percocet is oxycodone hydrochloride.  Oxycodone is a narcotic medication. 
 
A College retained independent specialist (the Assessor), who assessed Dr. Guirguis’ capacity to 
practise, did not conclude that Dr. Guirguis suffers from any disorder related to substance use or 
substance abuse, noting that there were no reports of Dr. Guirguis presenting under the influence of 
opioids while at work and no complaints from patients, colleagues or coworkers. The Assessor 
reported that Dr. Guirguis openly described his history, motivation and pattern of self-prescribing 
Percocet in 2013 and 2014, by writing prescriptions for himself under one colleague’s name. 
 
Section 75(1)(a) Investigation Regarding Prescribing 
 
Self-prescribing 
       
The College conducted investigation into Dr. Guirguis’ conduct, including his self-prescribing. 
The information requested and obtained by the College from the Ontario Ministry of Health and 
Long Term Care’s Narcotics Monitoring System (“NMS”) regarding all prescriptions for 
monitored drugs issued to Dr. Guirguis between April, 2012 and February, 2015 showed a total of 
27 prescriptions from two prescribers. One prescriber was the physician who was previously 
known to the College from the initial report.  The second prescriber was another physician with 
whom Dr. Guirguis shared an office.  Both of these physicians worked with Dr. Guirguis at the 
Clinic during this period and all three names appear at the top of the Clinic’s printed prescription 
pads.  Through its investigation the College learned that in addition to Percocet, the 27 
prescriptions forged by Dr. Guirguis included additional medications, such as Benzodiazepines, 
statins and nonsteroidal anti-inflammatories.   
       
Prescribing to Family 
       
The College also requested and obtained data regarding NMS prescriptions written by Dr. Guirguis 
for all patients between May, 2012 and May, 2016, which indicated that on several occasions 
during this period Dr. Guirguis wrote prescriptions for controlled/monitored drugs for at least 3 
members of his family. Dr. Guirguis billed the Ontario Health Insurance Program for his treatment 
of these 3 family members; however, he does not have any medical records reflecting his 
prescriptions of controlled drugs or any other treatment of these family members. 
 
Dr. Guirguis’ conduct is not consistent with his professional obligations, including those set out in 
the College’s policies regarding physicians’ treatment of self or family members or others close to 
them. 
 
Disposition 
 
On August 24, 2018 the Discipline Committee ordered and directed that: 
 
-   The Registrar suspend Dr. Guirguis' certificate of registration for a period of six (6) 
    months, effective immediately. 
-   The Registrar impose the following terms, conditions and limitations on Dr. 
    Guirguis' certificate of registration upon his return to practice at the conclusion of 
    his suspension:  
     
    Restrictions 
    -   Dr. Guirguis shall keep a log, for a period of one year from the date of this Order, of 
        all  prescriptions  for  any  of  the  following  (the  “Prescription  Log  for  Controlled 
        Drugs”): 
         -   Narcotic Drugs (from the Narcotic Control Regulations made under the 
             Controlled Drugs and Substances Act, S.C., 1996, c. 19); 
         -   Narcotic Preparations (from the Narcotic Control Regulations made under the 
             Controlled Dugs and Substances Act, S.C., 1996, c. 19); 
         -   Controlled Drugs (from Part (i) of the Food and Drug Regulations under the Food 
             and Drugs Act, S.C., 1985, c. F-27); 
         -   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); and 
         -   All other Monitored Drugs (as defined under the Narcotics Safety and Awareness 
             Act, 2010, S.O. 2010, c. 22). 
    -   The Prescription Log for Controlled Drugs shall be in a form acceptable to the 
        College, but shall include the following: 
         -   the date of the appointment; 
         -   the name of the patient and chart/file number; 
         -   the name of the medication prescribed, dose, direction, number of tablets to be 
             dispensed and frequency; 
         -   the clinical indication; 
         -   whether the prescription is for a new medication and/or different dose or 
             frequency than currently prescribed to the patient (Y/N); 
         -   Dr. Guirguis’ signature; and 
         -   Dr. Guirguis is to keep a copy of all prescriptions he writes for Narcotic Drugs, 
             Narcotic  Preparations,  Controlled  Drugs,  Benzodiazepines  and  Other  Targeted 
             Substances and all other Monitored Drugs, in the corresponding patient chart. 
  -    Dr. Guirguis shall not issue any new prescriptions or renew existing 
       prescriptions for any member of his family or others close to him for any 
       medication. Dr. Guirguis shall abide by the College's Policy on "Physician 
       Treatment of Self, Family Members, or Others Close to Them", and any future 
       versions of this Policy, a copy of which is attached to this Order as Schedule 
       “A”. 
Education 
  -    At his own expense, Dr. Guirguis shall participate in and successfully complete, 
       within six (6) months of the date of this Order, individualized instruction in 
       medical ethics satisfactory to the College, with an instructor approved by the 
       College. The instruction is to include an in-depth review of the College policy 
       on “Physician Treatment of Self, Family Members or Others Close to Them” 
       and its underlying rationale.The instructor shall provide a summative report to 
       the College including his or her conclusion about whether the instruction was 
       completed successfully by Dr. Guirguis. 
Drug Screening 
  -    For a period of two years following his return to practice, Dr. Guirguis shall 
       participate in a random urine drug screening process which will include attending 
       a facility that will facilitate random, witnessed urine drug testing at a rate of 
       twelve (12) times per year. 
  -    Dr. Guirguis shall engage a regulated health professional approved by the College 
       to act as a monitor for the purpose of facilitating the random urine drug screening 
       process ("Monitor"). The Monitor shall have available to him or her all relevant 
       information in the College's possession. 
  -    The Monitor shall execute an undertaking in the form attached to this Order as 
       Schedule “B”, which includes a duty to report to the College regarding any 
       positive test result, any missed tests and any concern that Dr. Guirguis may not be 
       in compliance with the terms of this Order. 
  -    Notification regarding the dates for tests will take place according to the 
       discretion of the Monitor. Dr. Guirguis will be required to proceed to a facility 
       approved by the Monitor before closing time on the same day of notification to 
       provide a specimen. He will provide a specimen in the fashion required by the 
       Monitor and will consent to the provision of the specimen under a proper chain 
       of-custody protocol. Failure to adhere to this procedure will be considered a 
       missed test. 
  -    Dr. Guirguis shall submit to urine screening at any time upon the request of the 
       Monitor and/or the College. Any missed tests that have not been excused by the 
       Monitor will be considered a breach of this Order. 
  -    Dr. Guirguis shall not ingest any Narcotic Drugs, Narcotic Preparations, 
       Controlled Drugs, Benzodiazepines/Other Targeted Substances and all other 
       Monitored Drugs as set out in the following legislation except within the 
       conditions as noted in section (x) (the “Controlled Drugs”). 
         -  Narcotic Drugs (from the Narcotic Control Regulations made under the 
            Controlled Drugs and Substances Act, S.C., 1996, c. 19); 
         -  Narcotic Preparations (from the Narcotic Control Regulations made under the 
            Controlled Dugs and Substances Act, S.C., 1996, c. 19); 
             -  Controlled Drugs (from Part (i) of the Food and Drug Regulations under the 
                Food and Drugs Act, S.C., 1985, c. F-27); 
             -  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); and 
             -  All other Monitored Drugs (as defined under the Narcotics Safety 
                and Awareness Act, 2010, S.O. 2010, c. 22). 
      -    Dr. Guirguis shall not consume any Controlled Drugs unless legitimately 
           prescribed for him by a practitioner who has knowledge of the Discipline 
           Committee's Decision and Reasons for Decision and with the prior approval of the 
           Monitor. If Dr. Guirguis consumes one or more Controlled Drugs, the Monitor 
           shall notify the College, in writing, at the earliest opportunity. 
    Compliance 
      -    Dr. Guirguis shall inform the College of each and every location where he 
           practises, in any jurisdiction ("Practice Locations") within fifteen (15) days of this 
           Order and shall inform the College of any and all new Practice Locations within 
           fifteen (15) days of commencing practice at that location. 
      -    Dr. Guirguis shall cooperate with unannounced inspections of his practice, 
           Prescription Log and patient charts by a College representatives for the purpose of 
           monitoring and enforcing his compliance with the terms of this Order. 
      -    Dr. Guirguis shall consent to the College providing any Chiefs of Staff or a 
           colleague with similar responsibilities, such as a medical director, at any location 
           where he practises ("Chief(s) of Staff") with any information the College has that 
           led to this Order and/or any information arising from the monitoring of his 
           compliance with this Order. 
      -    Dr. Guirguis shall provide his irrevocable consent to the College to make 
           enquiries of the Ontario Health Insurance Plan ("OHIP"), the Drug Program 
           Services Branch, the Narcotics Monitoring System implemented under the 
           Narcotics Safety and Awareness Act, 2010, S.O. 2010, c. 22, as amended 
           ("NMS"), and/or any person who or institution that may have relevant 
           information, in order for the College to monitor and enforce his compliance with 
           the terms of this Order and any terms, conditions or limitations on Dr. Guirguis' 
           certificate of registration. 
      -    Dr. Guirguis shall be responsible for any and all costs, including all laboratory 
           services, associated with implementing the terms of this Order. 
  
-    Dr. Guirguis attend before the panel to be reprimanded, within 90 days of the date 
     this Order becomes final. 
-    Dr. Guirguis shall pay to the College costs in the amount of $5,500.00, within thirty 
     (30) days of the date of this Order.


Decision: Download Full Decision (PDF)
Hearing Date(s): January 18, 2018 Reprimand: May 23, 2019 at 12:10 p.m.

Concerns

Source: Discipline Committee
Active Date: May 3, 2021
Expiry Date:
Summary:
As from May 3, 2021, by order of the Discipline Committee of the College of Physicians and Surgeons of Ontario, the following terms, conditions and limitations are imposed on the expired certificate of registration held by Dr. Emad Samir Luka Guirguis: