Transparency Project – Phase 2 (Consultation Closed)

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    A proposal to add information to the public register: Cautions-in-person, Specified Continuing Education and Remediation Plans (SCERPs), criminal charges, medical licences in other jurisdictions, and discipline findings in other jurisdictions


    What do patients need to know about physicians to make informed health-care decisions? The College is currently looking to expand the information available about physicians on our public register, and we’re asking for your feedback. Some of this information is related to the work of our Inquiries, Complaints and Reports Committee (ICRC), and some is information that is generated through other processes (criminal charges for example) or regulatory authorities (findings in other jurisdictions).

    The Phase 1 consultation closed in December 2014. Council considered your feedback and passed by-laws that allow criminal findings and Health Insurance Act offences, and bail conditions that affect physician practice to be posted on the public register.

    We are now asking for your comments on Phase 2 of the transparency consultation. Specifically, the College is proposing amendments to Section 49(1) of the General By-Law, which sets out what information about physicians is included on the public register. In particular, we are proposing that the following information about physicians be included on the public register:

    We continue to work with other health regulators as a member of The Advisory Group for Regulatory Excellence (AGRE), in considering making additional information publically available about the health-care professionals we regulate. Committed to a principled and consistent approach, AGRE has developed transparency principles to guide the decision-making process in the Transparency Initiative. These principles continue to inform all recommendations presented to College Councils.


    1. Cautions-in-Person


    A caution-in-person may be ordered by the Inquiries, Complaints and Reports Committee (ICRC) when addressing a complaint. Short of a referral for discipline hearing, this is one of the most serious outcomes the Committee can order. A caution-in-person is issued by the Committee when there is a significant concern about conduct or practice that can have a direct impact on patient care, safety or the public interest if it is not addressed. The by-law will apply to all complaints that are received on or after January 1, 2015. A summary of the caution-in-person will be posted on the public register five days after the decision is sent out and where applicable, will include a notation that it has been appealed. A caution-in-person will remain on the public register unless it is overturned on appeal.

    By-law No. 101

    Subsection 49(1) of By-law No. 1 (the General By-Law) is amended by adding the following paragraphs:
    21. In respect of a decision of the Inquiries, Complaints and Reports Committee that includes a disposition of a caution-in-person, if the complaint that led to the decision, or, in a case where there is no complaint, the first appointment of investigators in the file, is dated on or after January 1, 2015, a summary of that decision, and, where applicable, a notation that the decision has been appealed.

    22. Where a decision referred to in paragraph 21 above is overturned on appeal or review, the summary shall be removed from the Register.


    2. Specified Continuing Education and Remediation Program (SCERPs)


    The Inquiries, Complaints and Reports Committee (ICRC) may order a specified continuing education or remediation program (SCERP) when serious care or a conduct concern requiring a physician to upgrade his or her skills has been identified. SCERPS are only ordered in those instances when the Committee believes that remediation is necessary and we could not reach a voluntary agreement. The by-law will apply to all complaints that are received on or after January 1, 2015. A summary of the decision, including the elements of the SCERP, will be posted on the public register five days after the decision is sent out and, where applicable, will include a notation that it has been appealed. SCERPs will remain on the public register unless they are overturned on appeal and a notation will be made when all the elements of the SCERP have been completed.

    By-law No. 102
    Subsection 49(1) of By-law No. 1 (the General By-Law) is amended by adding the following paragraphs:

    23. In respect of a decision of the Inquiries, Complaints and Reports Committee that includes a disposition of a Specified Continuing Education or Remediation Program (SCERP), if the complaint that led to the decision, or, in a case where there is no complaint, the first appointment of investigators in the file is dated on or after January 1, 2015, a summary of that decision, including the, elements of the SCERP, and, where applicable, a notation that the decision has been appealed.

    24. In respect of the elements of the SCERP, a notation that all of the elements have been completed, when so done.

    25. Where a decision referred to in paragraph 23 above is overturned on appeal or review, the summary shall be removed from the Register.


    3. Criminal Charges


    The proposed by-law contemplates that all Criminal Code and Health Insurance Act charges will be posted on the public register when they are known by the College. Information that will be posted includes the fact and content of the charge, the place and date of the charge (where known). This information will be removed either after an acquittal or a criminal finding which would replace the fact of the charge.

    By-law No.103
    Subsection 49(1) of By-law No. 1 (the General By-Law) is amended by adding the following paragraph:

    26. Where a member has been charged with an offence under the Criminal Code of Canada or the Health Insurance Act, and the charge is outstanding and is known to the College, the fact and content of the charge and, where known to the College, the date and place of the charge.


    4. Licences in Other Jurisdictions


    The proposed by-law will permit the College to post the fact of current medical licences held in other jurisdictions on the public register.

    By-law No. 104
    Subsection 49(1) of By-law No. 1 (the General By-Law) is amended by adding the following paragraph:

    27. Where a member is currently registered or licenced to practice medicine in another jurisdiction, and such license or registration has been made known to the College as of September 1, 2015, the fact of that licensure or registration.


    5. Discipline Findings in Other Jurisdictions


    The proposed by-law will permit the College to post information when a physician has been the subject of a disciplinary finding by another medical regulatory or licensing authority and that finding is known to the College. The information described below will be posted on the public register.

    By-law No. 105
    Subsection 49(1) of By-law No. 1 (the General By-Law) is amended by adding the following paragraph:

    28. Where a member has been the subject of a disciplinary finding by another medical regulatory or licensing authority and that finding is known to the College,

    (i) the fact of the finding;
    (ii) the date of the finding, where known to the College;
    (iii) the jurisdiction in which the finding was made;
    (iv) the date upon which the College was notified of the finding; and
    (v) the existence and status of any appeal, when known to the College.

    Next Steps

    Council will carefully consider all comments before making any decisions about the proposed by-law changes. If, after consultation, the by-laws are passed by Council, notification will be posted on the College’s website. The consultation deadline has been extended to ensure that there is ample time to participate in this consultation for those who wish to provide feedback. The deadline is April 1, 2015.

    To ensure transparency, the College will post all consultation feedback in accordance with our posting guidelines


    Consultation period now closed.