Draft By-Law Amendment: Posting of Quality Assurance Committee SCERPs (Consultation closed)

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    The consultation is now closed.

    Our Process

    Learn more about the College’s posting guidelines.

    As a result of Phase 2 of our Transparency initiative, when the CPSO requires an Ontario doctor to undergo a Specified Continuing Education or Remediation Program (SCERP)1, which is generally done in a moderate-to-high risk situation, the SCERP is published on the doctor’s profile on our Public Register. However, this currently applies to SCERPs arising from our Inquiries, Complaints, & Reports Committee (ICRC) only. It does not apply to those arising from our Quality Assurance (QA) Committee.

    As part of our ongoing Transparency initiative, we are proposing that all SCERPs be published on the Public Register, regardless of which College committee they arise from.



    Background

    Both the ICR Committee and the QA Committee have the authority to require a SCERP. However, the QA Committee rarely requires them, preferring to work collaboratively through a voluntary undertaking with physicians to achieve educational outcomes where appropriate. The proposed by-law doesn’t change the circumstances in which the QA Committee would order a SCERP. It proposes that if the QA Committee determines that a SCERP is necessary, the SCERP would be available to the public.

    The proposed by-law makes only the SCERP itself public, the contents of which will not include QA information.The argument for making QA Committee SCERPs public is one of consistency of approach. No matter where the matter originates, the determination of whether we make a matter public should be based on an evaluation of risk and handled with a consistent framework between committees.

    For example, if a public complaint (ICR Committee) and a peer assessment (QA Committee) both lead to a conclusion by the relevant committee that there is sufficient risk that mandatory education is necessary, these outcomes should be treated the same with respect to whether they are public or remain confidential.

    In order to make this change, the College must amend Subsection 49(1) of By-law No. 1 (the General By-Law) by adding the following paragraphs underlined below:

    By-law No.109

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

    49(1) In addition to the information required under subsection 23(2) of the Health Professions Procedural Code, the register shall contain the following information with respect to each member:

    • 22.1 In respect of a decision of the quality assurance committee that includes a disposition of a specified continuing education or remediation program (a “SCERP”), if the decision is made on or after June 1, 2016, the elements of the SCERP.
    • 22.2 In respect of the elements of a SCERP referred to in paragraph 22.1 above, a notation that all of the elements have been completed, when so done.
    • 22.3 Where a decision referred to in paragraph 22.1 above is overturned on review, the information referred to in that paragraph shall be removed from the Register.

     

    In order to make this amendment, the College must put the proposed changes out for open consultation with its membership, the general public, and other stakeholders within the medical profession.

    Have your say

    We would like to hear your thoughts on the proposed by-law amendments that would allow us to add QAC SCERPs resulting from a moderate-to-high risk situation to a doctor’s profile on our Public Register.

    The consultation is now closed. Thank you to all who provided feedback and participated in our consultation process.

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


    Send us your feedback by mail:

    College of Physicians and Surgeons of Ontario
    80 College Street
    Toronto, Ontario
    M5G2E2
    Attention: Transparency Project

    1SCERP definition: A SCERP is a mandated education program for a doctor. SCERPs are ordered when a Committee identifies care or conduct concerns raising moderate to high risk. Generally, SCERPs are only ordered when a Committee believes that remediation is necessary and a voluntary agreement could not be reached. SCERPs remain on the public register unless they are overturned on appeal. Otherwise, a notation is made when all the elements of the SCERP have been completed.