As from July 19, 2024, the following are imposed as terms, conditions and limitations on the certificate of registration held by Dr. Kenneth William Orbeck in accordance with an undertaking and consent given by Dr. Orbeck to the College of Physicians and Surgeons of Ontario:
UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT
("Undertaking") of
DR. KENNETH WILLIAM ORBECK
("Dr. Orbeck") to
COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO
(the "College")
A. PREAMBLE
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;
"ICRC" means the Inquiries, Complaints and Reports Committee of the College; "OHIP" means the Ontario Health Insurance Plan;
"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.
I, Dr. Orbeck, certificate of registration number 19737, am a member of the College.
I, Dr. Orbeck, acknowledge that following concerns about my standard of practice, I entered into an undertaking dated October 11, 2022 ("the October 2022 undertaking") to undergo remediation and submit to a reassessment of my practice. The reassessment report received by the College raised concerns about my general medicine practice.
I, Dr. Orbeck, acknowledge that once signed, this Undertaking replaces and supersedes the October 2022 undertaking.
B. UNDERTAKING
I, Dr. Orbeck, undertake to abide by the provisions of this Undertaking, effective immediately (the "Effective Date").
Practice Restriction
(a) I, Dr. Orbeck, undertake that I will not see or treat patients under the age of eighteen
(18) years old.
Resignation
(a) I, Dr. Orbeck, undertake to resign from the College no later than September 30, 2024 ("the Resignation Date").
(b) I, Dr. Orbeck, hereby undertake not to apply or re-apply for registration as a physician to practise medicine in Ontario or any other jurisdiction after the Resignation Date.
(c) I, Dr. Orbeck, acknowledge that, other than in Ontario, I am not currently registered to practise medicine in any other jurisdiction, and I further acknowledge that I currently do not have any outstanding applications for registration to practice medicine in any jurisdiction.
(d) I, Dr. Orbeck, acknowledge that in the event that the College should become aware that I am in breach of this Undertaking including, but not limited to, becoming aware that I have either applied, re-applied or attempted to apply or re-apply for registration as a physician or for a certificate of registration, or equivalent, to practise medicine in any jurisdiction after the Resignation Date, the College shall, in its sole discretion, have the right to proceed with a disciplinary proceeding on the basis of a breach of this Undertaking and shall have the right to proceed with the Investigation it terminated as a result of this Undertaking and/or to proceed with a referral of specified allegations to the Discipline Tribunal.
(e) I, Dr. Orbeck, hereby agree to bear the risk of any prejudice that the passage of time might cause to my ability to make full answer and defence, and waive the right to seek any remedy on the basis of the passage of time, should the College proceed with any allegations that may arise as a result of a breach of this Undertaking and/or pursuant to section (7)(d) above.
(f) I, Dr. Orbeck, undertake that prior to the Resignation Date, I shall forward a request to the General Manager of OHIP that my billing number be deactivated for services rendered after the Resignation Date.
Clinical Supervision
(a) I, Dr. Orbeck, undertake to practise under the guidance of a clinical supervisor or clinical supervisors acceptable to the College (the "Clinical Supervisor" or "Clinical Supervisors") until the Resignation Date ("Clinical Supervision").
(b) I, Dr. Orbeck, acknowledge that I have reviewed the Clinical Supervisor's undertaking, attached hereto as Appendix "A", and understand what is required of the Clinical Supervisor. The Clinical Supervisor will, at minimum:
(i) Review the materials provided by the College and have an orientation meeting with me, including to discuss:
1. the plan for closing my practice;
2. notifying and transitioning patients; and
3. identifying patients who need immediate and/or closer management due to the complexity of their health conditions.
(ii) Meet with me at my Practice Location, or another location approved by the College, once every week to:
1. consult on and review my progress with respect to closing my practice;
2. review a minimum of fifteen (15) of my patient charts.
(iii) Discuss any concerns arising from the chart reviews.
(iv) Submit written reports to the College once every two (2) weeks, or more frequently if the Clinical Supervisor has concerns about my standard of practice or my progress with respect to closing my practice.
(v) Keep a log of all patients and patient charts reviewed along with patient identifiers.
(c) I, Dr. Orbeck, acknowledge that the charts reviewed shall be selected by the Clinical Supervisor based on the areas of concern identified in the report of the assessor dated May 14, 2024 as well as any concerns that may arise during the period of Clinical Supervision.
(d) I, Dr. Orbeck, undertake to cooperate fully with the Clinical Supervision of my practice, conducted under the term of this Undertaking and Appendix "A" to this Undertaking, and to abide by the recommendations of my Clinical Supervisor, including but not limited to, any recommended practice improvements and ongoing professional development.
(e) I, Dr. Orbeck, undertake to ensure that Appendix "A" to this Undertaking is signed and delivered to the College within ten (10) days of the date I execute this Undertaking.
(f) I, Dr. Orbeck, 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 ten (10) 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.
(g) I, Dr. Orbeck, undertake that if I am unable to obtain a Clinical Supervisor on the provisions set out under sections (8)(e) and/or (f) above, I will cease practising
medicine until such time as I have obtained a Clinical Supervisor acceptable to the College.
(h) I, Dr. Orbeck, acknowledge that if I am required to cease practise as a result of section (8)(g) 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.
Monitoring
(a) I, Dr. Orbeck, 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.
(b) I, Dr. Orbeck, 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. Orbeck, 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. Orbeck, acknowledge that I have executed the OHIP consent form, attached hereto as Appendix "B" and that the consent forms part of this Undertaking.
C. ACKNOWLEDGEMENT AND CONSENT
I, Dr. Orbeck, acknowledge that all appendices attached to or referred to in this Undertaking form part of this Undertaking.
I, Dr. Orbeck, acknowledge and undertake that I shall be solely responsible for payment of all fees, costs, charges, expenses, etc., if any, arising from the implementation of any of the provisions of this Undertaking.
I, Dr. Orbeck, 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.
I, Dr. Orbeck, 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").
I, Dr. Orbeck, 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.
I, Dr. Orbeck, acknowledge that this Undertaking constitutes terms, conditions and limitations on my certificate of registration for the purposes of section 23 of the Code.
Public Register
(a) I, Dr. Orbeck, consent to this Undertaking being posted on the Public Register.
(b) I, Dr. Orbeck, acknowledge that, in addition to this Undertaking being posted in accordance with section (16)(a) above, the following summary shall be posted on the Public Register:
Following concerns about his standard of practice, Dr. Orbeck underwent remediation and submitted to a reassessment of his practice. The reassessment report raised continued concerns about his general medicine practice. As a result:
Dr. Orbeck will not see or treat patients under the age of eighteen
(18) years old.
Dr. Orbeck will resign from the College no later than September 30, 2024, and has agreed never to apply or reapply for registration as a physician in Ontario or any other jurisdiction.
Dr. Orbeck will practise under the guidance of a Clinical Supervisor acceptable to the College until his resignation date.
D. CONSENT
I, Dr. Orbeck, give my irrevocable consent to the College to provide the following information to all Clinical Supervisors:
(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.
I, Dr. Orbeck, 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.
I, Dr. Orbeck, give my irrevocable consent to all Clinical Supervisors and 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 to the provisions of the Clinical Supervisor's undertaking set out at Appendix "A" to this Undertaking;
(c) any information relevant for the purposes of monitoring my compliance with this Undertaking; and/or