Discipline
When a College investigation finds information that appears to
show that a physician demonstrated a deliberate disregard for patient welfare, engaged in reprehensible behaviour, or demonstrated
extreme substandard care that does appear capable of remediation,
then that physician will be referred to the Discipline Committee.
Discipline Committee panels – which are made up of doctors and
public members – make decisions based on the law and the evidence presented by the College’s prosecutor and the physician’s legal
counsel.
The Discipline Committee completed 27 hearings, in 2014. Of
the 27 hearings:
leven had findings of failing to maintain the standard of practice;
e
six had findings of disgraceful, dishonourable or unprofessional
conduct;
four involved allegations of sexual abuse (one case was not
proved);
three had findings of incompetence;
one had a finding of professional misconduct in another
jurisdiction;
one application for reinstatement, which was granted; and
one motion to vary a prior Order of the Committee.
Challenges on Appeal
From 2006 to 2011, there were no successful challenges on appeal
to the Divisional Court on the basis of findings, rulings or Orders made by the Discipline Committee. In 2014, one matter was
returned for rehearing, and one physician appeal and one physician
motion for leave to appeal to the Court of Appeal were dismissed.
Fitness to Practise Committee
The
Divisional
Court
returned
one matter
for rehearing
24
Our Fitness to Practise process deals with those physicians who have
a health-related issue – such as substance misuse, a mental health
condition or cognitive impairment – that may affect their ability to
practise medicine safely.
If a physician is incapacitated, it means that he or she is suffering
from a physical or mental health condition that makes it necessary to
restrict, suspend or revoke their ability to practise. This may mean that
they should not practise at all, or that they should be limited in what
they are allowed to do or that they require practice supervision and
health monitoring. We will take appropriate action, and will aim to
deal with incapacity matters quickly and with dignity for the physician.
The Fitness to Practise Committee conducts hearings of allegations concerning a physician’s capacity to practise medicine that
are referred by a panel of the Inquiries, Complaints and Reports
Committee.
COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO