As from November 29, 2018, the following is imposed as a term, condition and
limitation on the certificate of registration held by Dr. John Patrick Taliano,
in accordance with an undertaking and consent given by Dr. Taliano to the
College of Physicians and Surgeons of Ontario:
UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT
("Undertaking")
of
DR. JOHN PATRICK TALIANO
("Dr. Taliano")
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;
"ICR Committee" means Inquiries, Complaints and Reports Committee of the
College;
"OHIP" means the Ontario Health Insurance Plan;
"Public Register" means the College's register that is available to the
public.
(2) I, Dr. Taliano, certificate of registration number 63148, am a member of
the College.
(3) I, Dr. Taliano, acknowledge that the College has referred to the
Discipline Committee, allegations that I engaged in sexual abuse and/or
in disgraceful, dishonourable or unprofessional conduct with respect to a
patient, who was a minor at the time, including by engaging in touching
of an inappropriate and/or sexual nature. It is also alleged that I
engaged in disgraceful, dishonourable or unprofessional conduct with
respect to Mr. B, who was a minor at the time, including by engaging in
touching and comments of an inappropriate and/or sexual nature.
(4) I, Dr. Taliano, have read the Notice of Hearing dated November 7, 2018,
which sets out the allegations against me. I am aware of the College's
concern about protecting the public and I understand the nature of the
allegations against me.
(5) I, Dr. Taliano, acknowledge that the College has accepted this
Undertaking in lieu of making an Order under section 25.4 of the Code at
this time.
(6) I, Dr. Taliano, acknowledge that this Undertaking continues in force
until the matters currently referred are disposed of by a panel of the
Discipline Committee.
B. UNDERTAKING AND ACKNOWLEDGEMENT
(7) I, Dr. Taliano, undertake to abide by the provisions of this Undertaking,
effective immediately ("Effective Date").
(8) Practice Restrictions
(a) I, Dr. Taliano, undertake that I shall not engage in any
professional encounters, in person or otherwise ("Professional
Encounter" or "Professional Encounters"), with any patient under
eighteen (18) years of age, in any jurisdiction, unless the
Professional Encounter takes place in the continuous presence and
under the continuous observation of a monitor who is a regulated
health professional acceptable to the College (the "Practice
Monitor"), and unless the other requirements provided in this
Undertaking are fulfilled. For further clarity, I understand that I
must not be alone with any patient under eighteen (18) years of
age, for any length of time, during any Professional Encounter,
whether or not the parent or guardian of the patient is also
present.
(b) I, Dr. Taliano, acknowledge that I have reviewed the Practice
Monitor's undertaking, attached hereto as Appendix "A" and
understand what is required of the Practice Monitor including, but
not limited to:
1. providing reports (as described in the Practice Monitor's
undertaking) to the College on at least a monthly basis;
2. remaining present at all times during all Professional
Encounters with any patient under eighteen (18) years of age;
3. carefully observing all of my Professional Encounters with
any patient under eighteen (18) years of age, including but
not limited to physical examinations. I further acknowledge
my obligation to ensure the Practice Monitor's view of all of
my Professional Encounters with any patient under eighteen
(18) years of age, including physical examinations, is
unobstructed at all times;
4. refraining from performing any other functions, except those
required in the Practice Monitor's undertaking attached as
Appendix "A", while observing me in all my Professional
Encounters with any patient under eighteen (18) years of age;
5. maintaining a log of all Professional Encounters with any
patient under eighteen (18) years of age in the form attached
to this Undertaking as Appendix "B" (the "Log");
6. initialing all corresponding entries in the records of
patients noted in the Log; and
7. submitting the original Log to the College on a monthly
basis.'
(c) I, Dr. Taliano, undertake to maintain an up to date copy of the Log
by ensuring a copy is made at the end of each business day, and to
make it available to the College upon request.
(9) I, Dr. Taliano, undertake to inform the College of each and every
location that 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 within five (5) days of
commencing practice at that location.
(10) Posting a Sign
(a) I, Dr. Taliano, undertake that, effective immediately, I shall post
a sign in all waiting rooms, examination rooms and consulting
rooms, in all of my Practice Locations, in a clearly visible and
secure location, in the form set out in Appendix "C" that states:
"Dr. Taliano has agreed not to have professional encounters, in
person or otherwise, with any patient under eighteen (18) years of
age, unless in the continuous presence and under the continuous
observation of a practice monitor acceptable to the College of
Physicians and Surgeons of Ontario. Dr. Taliano has agreed not to
be alone during any professional encounter with any patient under
eighteen (18) years of age. Further information may be found on the
College website at www.cpso.on.ca".
(b) I, Dr. Taliano, undertake to post a certified translation in any
language in which I provide services, of the sign described in
section (10)(a), in all waiting rooms, examination rooms and
consulting rooms, in all of my Practice Locations, in a clearly
visible and secure location, in the form set out at Appendix "C."
(c) I, Dr. Taliano, undertake to provide the certified translation
described in section (10)(b), to the College within thirty (30)
days of executing this Undertaking.
(d) I, Dr. Taliano, undertake that if I elect, after the execution of
this Undertaking, to provide services in any other language, I will
notify the College prior to providing any such services.
(e) I, Dr. Taliano, undertake to provide to the College the certified
translation described in section (11)(b) prior to providing
services in any language described in section (10)(d).
(11) I, Dr. Taliano, 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.
(12) I, Dr. Taliano, 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. Taliano, acknowledge that a breach of any provision of this
Undertaking may constitute an act of professional misconduct and may
result in a referral of specified allegations to the Discipline
Committee.
(14) I, Dr. Taliano, 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.
(15) I, Dr. Taliano, acknowledge that, in the event of an appeal of any Order
of the Discipline Committee, if the Discipline Committee has directed the
Registrar to revoke, suspend, or impose terms and conditions on my
certificate of registration, that Order will take effect immediately
despite any appeal.
(16) I, Dr. Taliano, acknowledge that all appendices attached to or referred
to in this Undertaking form part of this Undertaking.
(17) I, Dr. Taliano, acknowledge that this Undertaking constitutes terms,
conditions, and limitations on my certificate of registration for the
purposes of section 23 of the Code.
(18) Public Register
(a) I, Dr. Taliano, acknowledge that, during the time period that this
Undertaking remains in effect, this Undertaking shall be posted on
the Public Register.
(b) I, Dr. Taliano, acknowledge that, in addition to this Undertaking
being posted in accordance with section (20)(a) above, the
following summary shall be posted on the Public Register during the
time period that this Undertaking remains in effect:
Dr. Taliano is the subject of a referral to the Discipline
Committee into allegations of sexual abuse and/or in
disgraceful, dishonourable or unprofessional conduct with
respect to a patient, who was a minor at the time. As a
result of the referral:
Dr. Taliano has agreed not to engage in any
professional encounters, in person or otherwise, with
any patient under eighteen (18) years of age, in any
jurisdiction, unless the patient encounter takes place
in the continuous presence of a monitor who is a
regulated health professional acceptable to the
College, and unless the other requirements provided in
Dr. Taliano's Undertaking with the College are
fulfilled. For further clarity, Dr. Taliano has agreed
not to be alone with any patient under eighteen (18)
years of age during any professional encounter.
Dr. Taliano has agreed to post a sign in all waiting
rooms, examination rooms and consulting rooms, in all
Practice Locations, in a clearly visible and secure
location, that states: "Dr. Taliano has agreed not to
have professional encounters, in person or otherwise,
with any patient under eighteen (18) years of age,
unless in the continuous presence of a practice monitor
acceptable to the College of Physicians and Surgeons of
Ontario. Dr. Taliano has agreed not to be alone with
any patient under eighteen (18) years of age during any
professional encounter. Further information may be
found on the College website at www.cpso.on.ca".
C. CONSENT
(19) I, Dr. Taliano, 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.
(20) I, Dr. Taliano, acknowledge that I have executed the OHIP consent form,
attached hereto as Appendix "D".
(21) I, Dr. Taliano, consent to submit and not interfere with, unannounced
inspections of my Practice Locations and patient records by the College
and to any other activity the College deems necessary in order to monitor
my compliance with the provisions of this Undertaking.
(22) I, Dr. Taliano, give my irrevocable consent to the College to provide the
following information to all Practice Monitors:
(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.
(23) I, Dr. Taliano, give my irrevocable consent to all Practice Monitors to
disclose to the College, and to one another, any of the following:
(a) any information relevant to this Undertaking;
(b) any information relevant to the provisions of the Practice
Monitor's undertaking set out at Appendix "A";
(c) any information relevant for the purposes of monitoring my
compliance with this Undertaking.
(24) I, Dr. Taliano, 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.
(25) I, Dr. Taliano, give my irrevocable consent to all Chiefs of Staff to
disclose to the College, and to one another, any information relevant to
this Undertaking and/or relevant for the purposes of monitoring my
compliance with this Undertaking.