A Proposal to Add Information to the Public Register: Criminal Code and Health Insurance Act Offences, and Certain Bail Conditions (Consultation Closed)
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The College is proposing amendments to Section 49.(1) of the General By-Law, which sets out what information about members is included on the public register.
In particular, the College is proposing that the following information about members be included on the public register:
What do patients need to know about their physicians in order to make informed choices? That is the test that is being applied as the College examines which categories of information should be posted on our public register as part of our ongoing work on Transparency.
The College is working together with other health regulators in considering making additional information publicly available about the health-care professionals that we regulate.
Transparency provides members of the public with information that enables them to decide who they wish to see for care. It also allows the College to demonstrate how we protect the public through our processes.
View the proposed by-law amendment in relation to Criminal Code and Health Insurance Act Offences
View the proposed by-law amendment in relation to certain Bail Conditions
The College is also proposing adding a new by-law provision to Section 51.(1) of the General By-Law to require members to report bail conditions to the College. A further by-law amendment is being proposed to permit the College to exclude any information that, if made public, would violate a publication ban, in connection with the posting of offences and/or bail conditions.
View the proposed by-law and amendments
Together, the proposed by-law and amendments are being circulated for external consultation.
We are inviting feedback from all stakeholders, including members of the medical profession, the public, health system organizations and other health professionals on the draft by-laws.
Council has approved an external consultation on a proposed amendment to the College’s General By-Law that, if passed, will require the College to post on its public register reported findings of guilt made against physicians under the Criminal Code and reported findings of offences made under the Health Insurance Act, and the following parameters will apply:
- Only findings of guilt made after someone becomes a member are included;
- Only findings of guilt made after the by-law comes into effect are included (the by-law sets out the date of June 1, 2015, for certainty and clarity);
- The by-law provides for a brief summary of the finding to be included;
- A notation that a decision is under appeal will be included;
- The sentence will be included
Physicians are currently obligated to file a report in writing with the Registrar if they are found guilty of an offence, as soon as reasonably practicable after receiving notice of the finding, in accordance with the requirements of Section 85.6.1 of the Health Professions Procedural Code. In addition, on the Annual Renewal Form, members are required to answer whether they “have been charged with any offence in Canada or elsewhere.”
This information would be added to the public register once we have confirmed accuracy.
In addition, in accordance with our usual practices, a criminal finding is assessed by the College’s Inquiries, Complaints and Reports Committee to determine whether a referral to the Discipline Committee ought to be made in circumstances where the finding may be relevant to the physician’s suitability to practise medicine.
Council has approved an external consultation on a proposed amendment to the College’s General By-Law that, if passed, will require the College to post on its public register current bail conditions when they affect a physician’s right to practise in an unrestricted way. For example, a condition of release that prohibits a member from attending at a hospital where he or she has privileges would be posted; a condition that the member have no contact with a neighbour would not. Given the nature and purpose of the restrictions to be posted, it follows that only current bail conditions will be posted pending trial, and/or pending appeal.
Unlike physicians’ current obligations in respect of reporting criminal charges and findings, physicians are not currently required to report bail conditions to the College. We are therefore proposing to add to the Annual Renewal Form a question as to whether the member currently has any terms of release relating to criminal or provincial offence charges, or appeal therefrom, that relate to the member’s practice.
In addition, we are proposing a new by-law provision that will require members to notify the College in writing outside of the annual renewal cycle, as soon as reasonably practical after any bail restrictions are imposed or are varied throughout the criminal process.
1. Additional Considerations
It is possible that some criminal findings and/or bail conditions could include information that is subject to a publication ban. Given that the public register-related provisions, if adopted, would have the effect of designating the above-mentioned offences and certain bail conditions as public, we are proposing an amendment to Section 50.1(1) of the General By-Law to permit us to exclude from the public register any information that would violate a publication ban.
The College’s Executive Committee and Council will carefully consider your comments before making any decisions about the proposed by-law changes. We will consider the extent to which your suggestions or comments represent the expectations of the profession, and are consistent with our public interest mandate. If, after consultation, the by-laws are passed by Council, notification and a copy of the finalized by-law will be posted on this page as well as the College’s website.
To ensure transparency, the College will post all consultation feedback in accordance with our posting guidelines.
We value your feedback and thank you for participating in our by-law amendment review process.