As from January 25, 2017, the following is imposed as a term, condition and
limitation on the certificate of registration held by Dr. Michael Lee
Hawkeswood, in accordance with an undertaking and consent given by Dr.
Hawkeswood to the College of Physicians and Surgeons of Ontario:
UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT
("Undertaking")
of
DR. MICHAEL LEE HAWKESWOOD
("Dr. Hawkeswood")
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.
(2) I, Dr. Hawkeswood, certificate of registration number 33781, am a member
of the College.
(3) I, Dr. Hawkeswood, acknowledge that the College initiated an
investigation bearing File Number 7214699 (the "Investigation") into my
standard of practice as a general practitioner engaged in the practice of
ophthalmology.
B. UNDERTAKING
(4) Practice Restrictions
(a) I, Dr. Hawkeswood, undertake that I will not manage any glaucoma
treatment or provide any glaucoma care to any patient with
glaucoma, and will take immediate steps to refer any patient with
glaucoma to an ophthalmologist for their glaucoma care. I am
permitted to continue to provide routine eye care to patients who
have glaucoma, as long as I have referred them to an
ophthalmologist for management of their glaucoma. .
(b) I, Dr. Hawkeswood, undertake to refer all patients with glaucoma to
an ophthalmologist for management of their glaucoma.
(5) Clinical Supervision
(a) I, Dr. Hawkeswood, undertake to practise under the guidance of a
clinical supervisor(s) acceptable to the College (the "Clinical
Supervisor(s)"), for six (6) months.
(b) I, Dr. Hawkeswood, acknowledge that I have reviewed the Clinical
Supervisor(s)'s undertaking, attached hereto as Appendix "A", and
understand what is required of the Clinical Supervisor(s). The
Clinical Supervisor(s) will, at minimum:
(i) Directly observe my clinical practice for a period of six (6)
months by attending during examinations of patients for a
minimum of six (6) hours every two weeks, including observing
in particular examinations of the optic nerve, intraocular
pressures and retinal examinations and to review my
documentation of same. The clinical supervision may be
carried out with attendances at my office and the office of
the Clinical Supervisor on an alternating basis.
(ii) Review at least five (5) additional patient charts, to be
selected by the Clinical Supervisor, once every two weeks;
(iii) Discuss with me any concerns arising from the observations or
the chart reviews;
(iv) Make recommendations to me for practice improvements and
ongoing professional development and inquire into my
compliance with the recommendations;
(v) 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
(vi) Submit written reports to the College at least once every
month, or more frequently if the Clinical Supervisor(s) has
concerns about my standard of practice;
(vii) After three (3) months, the Clinical Supervisor may recommend
a variation in the supervision to the College, such variation
not to take effect without express approval from the College.
(c) I, Dr. Hawkeswood, undertake to cooperate fully with the Clinical
Supervision of my practice, conducted under the term of this
Undertaking and Appendix "A" 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.
(d) I, Dr. Hawkeswood, undertake to ensure that Appendix "A" to this
Undertaking, is signed and delivered to the College within thirty
(30) days of the date I execute this Undertaking :
(e) I, Dr. Hawkeswood, undertake that if a person who has given an
undertaking in Appendix "A" 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.
(f) I, Dr. Hawkeswood, agree that if I am unable to obtain a Clinical
Supervisor on the provisions set out under sections (6)(d) or (e)
above, I will cease practising medicine until such time as I have
obtained a Clinical Supervisor acceptable to the College.
(g) I, Dr. Hawkeswood, agree that if I am required to cease practise as
a result of section (6)(f) 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.
(6) Reassessment of Practice
(a) I, Dr. Hawkeswood, undertake that, approximately six (6) months
after the completion of the Clinical Supervision set out in section
(5) above and Appendix "A" 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. Hawkeswood, undertake to co-operate fully with the
Reassessment, conducted under the term of this Undertaking.
(c) I, Dr. Hawkeswood, 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.
(7) Medical Records
(a) I, Dr. Hawkeswood, undertake to establish and work with an EMR
system in my practice within ninety (90) days of signing this
undertaking and undertake that all my patient charts will be kept
on the EMR system once the system is in place.
(8) Advertising
(a) I, Dr. Hawkeswood, undertake to ensure that my qualifications are
not misstated or misrepresented in any of my practice locations.
(9) Monitoring
(a) I, Dr. Hawkeswood, 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. Hawkeswood, 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. Hawkeswood, 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. Hawkeswood, acknowledge that I have executed the OHIP
consent form(s), attached hereto as Appendix "B".
C. ACKNOWLEDGEMENT
(10) I, Dr. Hawkeswood, acknowledge that all appendices attached to or
referred to in this Undertaking form part of this Undertaking.
(11) I, Dr. Hawkeswood, 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.
(12) I, Dr. Hawkeswood, 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.
(13) I, Dr. Hawkeswood, 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.
(14) I, Dr. Hawkeswood, 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. Hawkeswood was the subject of a College investigation into
whether he met the standard of practice as a general practitioner
engaged in the practice of ophthalmology. As a result of the
investigation:
* Dr. Hawkeswood will restrict his practice and not manage any
glaucoma treatment or provide glaucoma care to any patient
with glaucoma and I will take immediate steps to refer any
patient with glaucoma to an ophthalmologist. Dr. Hawkeswood
may continue to provide routine eye care to patients who have
glaucoma as long as he has referred them to an
ophthalmologist for management of their glaucoma.
* Dr. Hawkeswood will refer all patients with glaucoma to an
ophthalmologist for management of their glaucoma.
* Dr. Hawkeswood will practise under the guidance of a Clinical
Supervisor acceptable to the College for six (6) months;
* Dr. Hawkeswood's practice will be reassessed by an assessor
selected by the College within six (6) months of the end of
the period of Clinical Supervision.
D. CONSENT
(15) I, Dr. Hawkeswood, 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 (6) 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.
(16) I, Dr. Hawkeswood, 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.
(17) I, Dr. Hawkeswood, give my irrevocable consent 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 Appendix "A";
(c) relevant to the Reassessment; and/or
(d) relevant for the purposes of monitoring my compliance with this
Undertaking.
(18) I, Dr. Hawkeswood, 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.