As from July 20, 2017, the following is imposed as a term, condition and
limitation on the certificate of registration held by Dr. Michael Frank
Weatherhead, in accordance with an undertaking and consent given by Dr.
Weatherhead to the College of Physicians and Surgeons of Ontario:
UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT
("Undertaking")
of
DR. MICHAEL FRANK WEATHERHEAD
("Dr. Weatherhead")
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;
"NMS" means the Drug Program Services Branch, the Narcotics Monitoring
System implemented under the Narcotics Safety and Awareness Act, 2010,
S.O. 2010, c. 22, as amended;
"OHIP" means the Ontario Health Insurance Plan;
"Public Register" means the College's register that is available to the
public.
(2) I, Dr. Weatherhead, certificate of registration number 22623, am a member
of the College. The College has received information regarding my
standard of practice.
(3) I, Dr. Weatherhead, acknowledge that the College received information
from the NMS and initiated an investigation bearing File Number 7215637
(the "Investigation") into whether I failed to maintain the standard of
practice of the profession and/or am incompetent in my prescribing of
controlled substances, including narcotics.
(4) I, Dr. Weatherhead, acknowledge that, if an original copy of this
Undertaking as signed by me is accepted by the Inquiries, Complaints and
Reports Committee, the College will also deliver a caution in person.
B. UNDERTAKING
(5) I, Dr. Weatherhead, undertake to abide by the provisions of this
Undertaking, effective immediately.
(6) Resignation of Prescribing Privileges
(a) I, Dr. Weatherhead, acknowledge that I have executed the
Prescribing Resignation Letter to Health Canada, which is attached
hereto as Schedule "A" (the "Resignation Letter").
(b) I, Dr. Weatherhead, consent to the College sending the Resignation
Letter to Health Canada on my behalf.
(c) I, Dr. Weatherhead, undertake that I will not issue new
prescriptions or renew existing prescriptions for or administer any
of the following substances:
(i) Narcotic Drugs (from the Narcotic Control Regulations made
under the Controlled Drugs and Substances Act, S.C., 1996, c.
19);
(ii) Narcotic Preparations (from the Narcotic Control Regulations
made under the Controlled Drugs and Substances Act, S.C.,
1996, c. 19);
(iii) Controlled Drugs (from Part G of the Food and Drug
Regulations under the Food and Drugs Act, S.C., 1985, c.
F-27);
(iv) Benzodiazepines and Other Targeted Substances (from the
Benzodiazepines and Other Targeted Substances Regulations
made under the Controlled Drugs and Substances Act., S.C.,
1996, c. 19);
(A summary of the above-named drugs [from Appendix I to the
Compendium of Pharmaceuticals and Specialties] is attached
hereto as Schedule "B"; and the current regulatory lists are
attached hereto as Schedule "C")
(v) All other Monitored Drugs (as defined under the Narcotics
Safety and Awareness Act, 2010, S.O. 2010, c. 22 as noted in
Schedule "D");
and as amended from time to time.
(d) I, Dr. Weatherhead, warrant that I have referred all patients to
whom I had previously prescribed any of the substances described in
section (6)(c), above, to other physicians for assessment and care.
(7) I, Dr. Weatherhead, undertake that I will return any supplies of the
substances referred to in section (6)(c) above that are presently in my
possession, in any place, to a pharmacy in a safe and secure manner, as
stipulated in the College's Policy Number 8-12, "Prescribing Drugs."
(8) I, Dr. Weatherhead, 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 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.
(9) Posting a Sign
(a) I, Dr. Weatherhead, undertake that I shall post a sign in the
waiting room(s) and in each examination and consulting room, in all
my Practice Locations, in a clearly visible and secure location, in
the form set out at Schedule "E." For further clarity, this sign
shall state as follows:
IMPORTANT NOTICE
Dr. Weatherhead must not prescribe or administer any of the following:
* Narcotic Drugs
* Narcotic Preparations
* Controlled Drugs
* Benzodiazepines and Other Targeted Substances
* All other Monitored Drugs
Further information may be found on the College of Physicians and
Surgeons of Ontario website at www.cpso.on.ca
(b) I, Dr. Weatherhead, undertake to post a certified translation in
any language in which I provide services, of the sign described in
section (9)(a) above, in the waiting room(s) and in each
examination and consulting room, in all my Practice Locations, in a
clearly visible and secure location, in the form set out at
Schedule "E."
(c) I, Dr. Weatherhead, undertake to provide the certified
translation(s) described in section (9)(b), to the College within
thirty (30) days of executing this Undertaking.
(d) I, Dr. Weatherhead, 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. Weatherhead, undertake to provide to the College the
certified translation(s) described in section (9)(c) prior to
beginning to provide services in the language(s) described in
section (9)(d).
C. ACKNOWLEDGEMENT
(10) I, Dr. Weatherhead, acknowledge that all schedules attached to or
referred to in this Undertaking form part of this Undertaking.
(11) I, Dr. Weatherhead, 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. Weatherhead, 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.
(13) I, Dr. Weatherhead, acknowledge that the College will provide this
Undertaking to any Chief(s) of Staff, or a colleague(s) with similar
responsibilities, at any Practice Location ("Chief(s) of Staff").
(14) I, Dr. Weatherhead, 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.
(15) I, Dr. Weatherhead, acknowledge that this Undertaking constitutes terms,
conditions, and limitations on my certificate of registration for the
purposes of section 23 of the Code.
(16) Public Register
(a) I, Dr. Weatherhead, acknowledge that, during the time period that
this Undertaking remains in effect, this Undertaking shall be
posted on the Public Register.
(b) I, Dr. Weatherhead, 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 during
the time period that this Undertaking remains in effect:
The College received information from the Narcotics
Monitoring System about Dr. Weatherhead's prescribing of
controlled substances, including narcotics.
Based on the information received, the College conducted an
investigation into whether Dr. Weatherhead failed to maintain
the standard of practice of the profession and/or was
incompetent in his prescribing of controlled substances,
including narcotics. As a result of the investigation:
Dr. Weatherhead must not issue new prescriptions or renew
existing prescriptions for or administer any of the following
substances:
(i) Narcotic Drugs (from the Narcotic Control Regulations
made under the Controlled Drugs and Substances Act,
S.C., 1996, c. 19);
(ii) Narcotic Preparations (from the Narcotic Control
Regulations made under the Controlled Drugs and
Substances Act, S.C., 1996, c. 19);
(iii) Controlled Drugs (from Part G of the Food and Drug
Regulations under the Food and Drugs Act, S.C., 1985,
c. F-27);
(iv) Benzodiazepines and Other Targeted Substances (from the
Benzodiazepines and Other Targeted Substances
Regulations made under the Controlled Drugs and
Substances Act., S.C., 1996, c. 19);
(v) All other Monitored Drugs (as defined under the
Narcotics Safety and Awareness Act, 2010, S.O. 2010, c.
22);
and as amended from time to time.
Dr. Weatherhead must post a clearly visible sign in the
waiting rooms and each examination and consulting room, in
all Practice Locations, which states as follows:
IMPORTANT NOTICE
Dr. Weatherhead must not prescribe or administer any of
the following:
* Narcotic Drugs
* Narcotic Preparations
* Controlled Drugs
* Benzodiazepines and Other Targeted Substances
* All other Monitored Drugs
Further information may be found on the College of
Physicians and Surgeons of Ontario website at
www.cpso.on.ca
D. CONSENT
(17) I, Dr. Weatherhead, undertake that I will submit to, and not interfere
with, unannounced inspections of my Practice Location(s) and patient
charts by the College and to any other activity the College deems
necessary in order to monitor my compliance with the provisions of this
Undertaking.
(18) I, Dr. Weatherhead, give my irrevocable consent to the College to make
appropriate enquiries of OHIP, NMS, and 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.
(19) I, Dr. Weatherhead, acknowledge that I have executed the OHIP and NMS
consent forms, attached hereto as Schedule "F" and Schedule "G",
respectively.
(20) I, Dr. Weatherhead, give my irrevocable consent to the College to provide
all Chief(s) of Staff with any information the College has that led to
the circumstances of my entering into this Undertaking and any
information arising from the monitoring of my compliance with this
Undertaking.