As from September 1, 2016, the following is imposed as a term, condition and
limitation on the certificate of registration held by Dr. Harry Sander Himal,
in accordance with an undertaking and consent given by Dr. Himal to the College
of Physicians and Surgeons of Ontario:
UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT
("Undertaking")
of
DR. HARRY SANDER HIMAL
("Dr. Himal")
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 Committee" means the Discipline Committee of the College;
"OHIP" means the Ontario Health Insurance Plan.
(2) I, Dr. Himal, certificate of registration number 31420, am a member of
the College. The College has received information regarding my standard
of practice.
(3) I, Dr. Himal, acknowledge that I was subject to a Specified Continuing
Education and Remediation Program, dated January 2011 (SCERP). Based on
the assessment conducted pursuant to the SCERP, my colonoscopy practice
was observed by a College assessor. I acknowledge that this Undertaking
is the result of that observation.
B. UNDERTAKING
(4) I, Dr. Himal, understand and agree that I am bound by this Undertaking
from the date on which I sign it.
(5) Practice Restrictions
(a) I, Dr. Himal, undertake that, effective September 1, 2016, I will
cease to perform and/or engage in colonoscopies and flexible
sigmoidoscopies.
(6) Posting a Sign
(a) I, Dr. Himal, undertake that, effective immediately, I shall post a
sign in the waiting room(s) of all my Practice Locations, in a
clearly visible and secure location, in the form set out at
Appendix "A." For further clarity, this sign shall state as
follows: "Effective September 1, 2016, Dr. Himal will not perform
and/or engage in any colonoscopies and flexible sigmoidoscopies.
Further information may be found on the College of Physicians and
Surgeons of Ontario website at www.cpso.on.ca".
(b) I, Dr. Himal, undertake to post a certified translation(s) in any
language(s) in which I provide services, of the sign described in
section (6)(a) in the waiting room(s) of all my Practice Locations,
in a clearly visible and secure location, in the form set out at
Appendix "A."
(c) I, Dr. Himal, undertake to provide the certified translation(s)
described in section (6)(b), to the College within thirty (30) days
of executing this Undertaking.
(d) I, Dr. Himal, undertake that if I elect, after the execution of
this Undertaking, to provide services in any other language(s), I
will notify the College prior to providing any such services.
(e) I, Dr. Himal, undertake to provide to the College the certified
translation(s) described in section (6)(b) prior to beginning to
provide services in the language(s) described in section (6)(d).
(7) Monitoring
(a) I, Dr. Himal, undertake to inform the College of each and every
location where 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. Himal, undertake and agree 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. Himal, 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. Himal, acknowledge that I have executed the OHIP consent
form, attached hereto as Appendix "B".
(8) I, Dr. Himal, undertake to comply with the provisions of 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.
C. ACKNOWLEDGEMENT
(9) I, Dr. Himal, acknowledge that all appendices attached to or referred to
in this Undertaking form part of this Undertaking.
(10) I, Dr. Himal, 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.
(11) I, Dr. Himal, 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.
(12) I, Dr. Himal, 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.
(13) I, Dr. Himal, 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. Himal was the subject of Specified Continuing Education
Program. As a result of an assessment conducted under that
Program, Dr. Himal has agreed not to perform and/or engage in any
colonoscopies and flexible sigmoidoscopies.
Dr. Himal shall post a clearly visible sign in the waiting rooms of
all his Practice Locations, which states as follows: "Effective
September 1, 2016, Dr. Himal will not perform and/or engage in any
colonoscopies and flexible sigmoidoscopies. Further information
may be found on the College of Physicians and Surgeons of Ontario
website at www.cpso.on.ca".
D. CONSENT
(14) I, Dr. Himal, 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.