(1 of 2)
As from January 18, 2022, the following are imposed as terms, conditions and limitations on the certificate of registration held by Dr. Agustin Alexander Moreno, in accordance with an undertaking and consent given by Dr. Moreno to the College of Physicians and Surgeons of Ontario:
UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT
("Undertaking") of
DR. AUGUSTIN MORENO
("Dr. Moreno") 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 Tribunal" means the Ontario Physicians and Surgeons Discipline Tribunal of the College;
"Ontario Physicians and Surgeons Discipline Tribunal" means the Discipline Committee established under the Code;
"Public Register" means the College's register that is available to the public.
(2) I, Dr. Moreno, certificate of registration number 89368, am a member of the College.
(3) I, Dr. Moreno, acknowledge that following a public complaint, the College conducted an investigation bearing File Number CAS-360668-N0S0V7 (the "Investigation") into my care of a patient in my family practice.
B. UNDERTAKING
(4) I, Dr. Moreno, undertake to abide by the provisions of this Undertaking, effective immediately.
(5) Professional Education
(a) I, Dr. Moreno, undertake to participate in and successfully complete all aspects of the detailed IEP, attached hereto as Appendix "A", including all of the following professional education (the "Professional Education"):
(i) Colorectal cancer screening continuing education, CDC/Medscape;
(ii) Review, reflection, and a written summary of the following self-study:
1. Screening for colorectal cancer, Cancer Care Ontario;
2. Referral of patients with suspected colorectal cancer by family physicians and other primary care providers, Cancer Care Ontario;
3. Follow-up care, surveillance protocols and secondary prevention measures for survivors of colorectal cancer, Cancer Care Ontario; and
4. Person-centred care guideline, Cancer Care Ontario.
(iii) Review, reflection, and incorporation into my practice of the following:
1. Annual Medicare Wellness Visit History form, Mayo Clinic; and
2. Cancer screening quality improvement toolkit, Cancer Care Ontario.
(b) I, Dr. Moreno, 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. Moreno, undertake to complete this requirement within three (3) months, or, if no satisfactory program is available by that time, at the first possible opportunity thereafter.
(d) I, Dr. Moreno, acknowledge that a report or reports may be provided to the College regarding my progress and compliance with the Professional Education.
(e) I, Dr. Moreno, acknowledge that if any of the programs or resources listed above become unavailable, substitution requests will be reviewed by the College and the College will determine in its sole discretion whether substitution is appropriate.
(6) Monitoring
(a) I, Dr. Moreno, undertake to inform the College of each and every location at which 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.
C. ACKNOWLEDGEMENT
(7) I, Dr. Moreno, acknowledge that all appendices attached to or referred to in this Undertaking form part of this Undertaking.
(8) I, Dr. Moreno, 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.
(9) I, Dr. Moreno, 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.
(10) I, Dr. Moreno, 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").
(11) I, Dr. Moreno, 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 Tribunal of the College.
(12) I, Dr. Moreno, acknowledge that this Undertaking constitutes terms, conditions, and limitations on my certificate of registration for the purposes of section 23 of the Code.
(13) Public Register
(a) I, Dr. Moreno, acknowledge that, during the time period that this Undertaking remains in effect, this Undertaking shall be posted on the Public Register.
(b) I, Dr. Moreno, acknowledge that, in addition to this Undertaking being posted in accordance with section (13)(a) above, the following summary shall be posted on the Public Register during the time period that this Undertaking remains in effect:
Following a public complaint, a College investigation was conducted into Dr. Moreno's care of a patient in his family medicine practice. As a result of the investigation Dr. Moreno will engage in professional education in cancer screening.
(c) I, Dr. Moreno, acknowledge that this Undertaking remains in effect until the College determines its terms are satisfied.
D. CONSENT
(14) I, Dr. Moreno, 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:
4
(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.
(15) I, Dr. Moreno, 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.
(16) I, Dr. Moreno, give my irrevocable consent to any persons who facilitate my completion of the Professional Education, and to all Chiefs of Staff, to disclose to the College, and to one another, any of the following:
(a) any information relevant to this Undertaking;
(b) any information relevant for the purposes of monitoring my compliance with this Undertaking;
(c) any information which comes to their attention in the course of providing the Professional Education and which they reasonably believe indicates a potential risk of harm to my patients.
(2 of 2)
As from June 24, 2021, the following are imposed as terms, conditions and limitations on the certificate of registration held by Dr. Augustin Alexander Moreno in accordance with an undertaking and consent given by Dr. Moreno to the College of Physicians and Surgeons of Ontario:
UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT
("Undertaking")
of
DR. AGUSTIN ALEXANDER MORENO
("Dr. Moreno") 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, I 99 I, 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;
"Public Register" means the College's register that is available to the public.
(2) I, Dr. Moreno, certificate of registration number 89368, am a member of the College.
(3) I, Dr. Moreno, acknowledge that following a report that raised concerns about my standard of practice in Emergency Medicine, I underwent remediation and submitted to a reassessment of my practice. The reassessment report subsequently received by the College in File Number 319539 raised concerns about my standard of practice in telemedicine.
(4) I, Dr. Moreno, acknowledge that I no longer practice Emergency Medicine, urgent care or telemedicine, with the exception that I may provide care to patients of my current family medicine practice by telemedicine.
(5) I, Dr. Moreno, acknowledge that I entered into an Undertaking with the College dated June 5, 2019. This Undertaking replaces and supercedes my June 5, 2019 Undertaking.
B. UNDERTAKING
(6) I, Dr. Moreno, undertake to abide by the provisions of this Undertaking, effective immediately.
(7) Change of Scope/Re-Entering Practice
(a) I, Dr. Moreno, undertake that, prior to resuming practice in Emergency Medicine, urgent care or telemedicine (the latter to patients other than those of my current family medicine practice), l will notify the College and comply with the process set out in the College's Policy on Ensuring Competence: Changing Scope of Practice and/or Re-Entering Practice attached hereto as Appendix "A".
(8) Monitoring
(a) I, Dr. Moreno, undertake to inform the College of each and every location at which I practise or have privileges, including, but not limited to, any hospitals, clinics, offices, and any Independent Health Facilities with which l 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.
(b) I, Dr. Moreno, undertake that I will submit to, and not interfere with, unannounced inspections of my Practice Locations and patient records by a College representative for the purposes of monitoring my compliance with the provisions of this Undertaking.
(c) I, Dr. Moreno, 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. Moreno, acknowledge that I have executed the OHIP consent form attached hereto as Appendix "B".
C. ACKNOWLEDGEMENT
(9) I, Dr. Moreno, acknowledge that all appendices attached to or referred to in this Undertaking form part of this Undertaking.
(10) I, Dr. Moreno, 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.
(11) I, Dr. Moreno, 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.
(12) I, Dr. Moreno, 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. Moreno, 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.
(14) I, Dr. Moreno, acknowledge that this Undertaking constitutes terms, conditions, and limitations on my certificate of registration for the purposes of section 23 of the Code.
(15) Public Register
(a) I, Dr. Moreno, acknowledge that, during the time period that this Undertaking remains in effect, this Undertaking shall be posted on the Public Register.
(b) I, Dr. Moreno, acknowledge that, in addition to this Undertaking being posted in accordance with section (15)(a) above, the following summary shall be posted on the Public Register during the time period that this Undertaking remains in effect:
Following a report that raised concerns about his standard of practice in Emergency Medicine, Dr. Moreno underwent remediation and submitted to a reassessment of his practice. The reassessment report subsequently received by the College raised concerns about Dr. Moreno's standard of practice in telemedicine.
Dr. Moreno no longer practices Emergency Medicine, urgent care or telemedicine (with the exception of providing care to patients of his current family medicine practice by telemedicine). Prior to resuming practice in these areas,
Dr. Moreno shall notify the College and comply with the process set out in the College's Policy on Ensuring Competence: Changing Scope of Practice and/or Re-Entering Practice.
D. CONSENT
(16) I. Dr. Moreno, 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.