By-Law Circulation
The following amendments to the General By-Law propose to add and amend certain information displayed on CPSO’s Public Register. After circulation to the profession, the proposed amendments will be returned to Council for approval.
Analysis of Changes
1. Hospital Privileges and Voluntary Leaves of Absence: By-law s. 49(1)12 (revision)
Hospitals1 are required to provide a written report to CPSO if they have revoked, suspended or imposed restrictions on the member’s privileges for reasons of professional misconduct, incompetence or incapacity. In addition, hospitals (and other persons listed in the footnote) are required to provide a written report to CPSO if a member has resigned, or voluntarily relinquished or restricted their privileges or practice:
a) where the hospital reasonably believes this is related to the member’s professional misconduct, incompetence or incapacity; or
b) during the course of or as a result of an investigation by the hospital into allegations of misconduct, incompetence or incapacity.
The Public Hospitals Act requires similar mandatory reporting.
The General By-Law provides that the information in these mandatory reports be posted on the Public Register. The wording of the by-law is broad. It is proposed that there be a carve-out from the posting requirement for a leave of absence voluntarily taken by a member in the context of such allegations or in the face of a hospital investigation, as such leaves of absence may be helpful and conducive to resolving the issues at a hospital. The proposal is an exception for voluntary leaves of absence only. CPSO would continue to post a member’s resignation in the face of an investigation, for example, and suspensions and revocations of a member’s hospital privileges. This would be in keeping with hospital expectations that these would be posted to make the public aware of changes in a physician’s privileges at their facility.
2. Appeals of Tribunal Findings: By-law s. 49(1)14 (revision)
Where findings of the Discipline Committee (Tribunal) are appealed, the Code requires a notation that the findings under appeal are to be posted on the Register until the appeal is finally disposed of.
It has been CPSO’s practice to also include information about the status of the appeal and the disposition of the appeal on the Register, and to keep that information on the Register. The proposed amendments reflect this practice and indicate the authority for including this additional information.
3. Reinstatement Applications: By-law s. 49(1)17 (revision)
The General By-Law provides for certain information to be posted about applications by former members to have their certificate of registration reinstated with CPSO. Currently, the fact of the application for reinstatement is to be posted once a hearing has been scheduled.
The proposed amendments reflect that applications be posted earlier — once they have been referred to the Tribunal by the Registrar (in accordance with the Code and the Tribunal Rules).
4. Applications to Vary Tribunal Orders: By-law s. 17.3 and 17.4 (new)
Under Rule 16 of the Ontario Physicians and Surgeons Discipline Tribunal’s Rules of Procedure, a member can apply to the Tribunal to have an order varied, suspended or cancelled on the grounds of facts arising or discovered after the order was made.
The proposed amendments provide for applications to be noted on the Register to inform the public that a member is seeking to have an order changed and indicate if an application is denied or advise of changes in terms, conditions or limitations if the application is allowed. This is largely consistent with the practice of posting applications for reinstatement already provided for in the General By-Law.
5. References to Discipline Committee in By-law s. 49(1) and s. 50.1 (revision)
The proposed amendments reflect that the Discipline Committee is now referred to as the Tribunal.
Proposed Amendments to General By-Law Re Register Provisions
Text in red indicates the changes to the current by-law provisions.
Content of Register Entries
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:
…
12. The identity of each hospital in Ontario where the member has professional privileges, and where known to the College, all revocations, suspensions, restrictions, resignations and-, relinquishments of the member’s privileges or practice, and rejections of appointment or reappointment applications, reported to the College by hospitals under section 85.5 of the Health Professions Procedural Code or section 33 of the Public Hospitals Act, but excluding voluntary leaves of absence by members, in each case commencing from the date the relevant portion of this by-law goes into effect.
13. If an allegation of professional misconduct or incompetence against the member has been referred to the discipline committeeOntario Physicians and Surgeons Discipline Tribunal and not yet decided,
i. a summary of the allegation if it was referred to the discipline committeeOntario Physicians and Surgeons Discipline Tribunal prior to September 10, 2013,
ii. a summary of the allegation and/or the notice of hearing if it was referred to the discipline committeeOntario Physicians and Surgeons Discipline Tribunal after September 10, 2013,
iii. an indication that the matter has been referred to the discipline committeeOntario Physicians and Surgeons Discipline Tribunal,
iv. the anticipated date of the hearing, if the date has been set,
v. if the hearing has been adjourned after September 10, 2013 and no future date has been set, the fact of the adjournment, and
vi. if the decision is under reserve, that fact.
14. If the result of a disciplinary proceeding in which a finding was made by the discipline committeeOntario Physicians and Surgeons Discipline Tribunal in respect of the member is in the register,
i. the date on which the discipline committeeOntario Physicians and Surgeons Discipline Tribunal made the finding, and
ii. the date on which the discipline committeeOntario Physicians and Surgeons Discipline Tribunal ordered any penalty, and
iii. if the finding is appealed, the status of the appeal and the disposition of the appeal.
…
17. If an application to the discipline committee for reinstatement has been scheduledreferred to the Ontario Physicians and Surgeons Discipline Tribunal,
i. that fact,
ii. the dates on which the application is scheduled to be heard,
iii. if the hearing has been adjourned after September 10, 2013 and no future date has been set, the fact of that adjournment, and
iv. if the decision is under reserve, that fact.
17.1 If an application to the discipline committeeOntario Physicians and Surgeons Discipline Tribunal for reinstatement has been decided, the decision of the discipline committeeOntario Physicians and Surgeons Discipline Tribunal.
…
17.3 If an application to vary, suspend or cancel an order of the Ontario Physicians and Surgeons Discipline Tribunal has been filed,
i. that fact,
ii. the dates on which the application is scheduled to be heard,
iii. if the hearing has been adjourned and no future date has been set, the fact of that adjournment, and
iv. if the decision is under reserve, that fact.
17.4 If an application to vary, suspend or cancel an order of the Ontario Physicians and Surgeons Discipline Tribunal has been decided, the decision of the Ontario Physicians and Surgeons Discipline Tribunal.
Public Information
50.1 (1) All information contained in the register, other than:
…
g. if,
(i) terms, conditions or limitations were directed to be imposed upon a member’s certificate of registration by a committee other than the discipline committeeOntario Physicians and Surgeons Discipline Tribunal, and
(ii) the terms, conditions or limitations have been removed, the content of the terms, conditions or limitations are no longer public information.
To provide comment on these proposals, please email [email protected]
Endnote:
1 This also applies to employers, other persons who offer privileges to a member, or associates (partners) of members for the purpose of offering health services. The written report is also required if such an employer or associate terminates the member’s employment, or dissolves a partnership or other association with a member for reasons of professional misconduct, incompetence or incapacity.