Protecting and eMpowering
Protecting and eMpowering
Sexual Abuse
Better Protection, Support for Patients
In 2015, we proposed a number of changes – both to the legislation which governs us, and to our own processes and practices – squarely aimed at better protecting and supporting patients from physician sexual abuse.
“ When we set out on this initiative to look for ways to better protect and support patients, we made it clear that everything was on the table for discussion,” said Dr. Carol Leet, College President.“ Sexual abuse of patients is an issue that we take very seriously and it is behaviour that we will not tolerate.”
Council requested a number of changes to the sexual abuse provisions in the governing legislation, the Regulated Health Professions Act. The most significant is the request for two different definitions of sexual misconduct. All physical sexual contact between a physician and patient would fall within the definition of sexual abuse, and would result in revocation. Sexual comments and gestures would be defined as sexual impropriety, and penalties for sexual impropriety would be at the discretion of the Discipline Committee.
Amend the definition and strengthen penalties for sexual misconduct
1
Adopt a two-tiered definition for sexual misconduct: physical sexual contact with a patient will be considered sexual abuse; gestures, comments, remarks and any other behaviour of a sexual nature towards a patient that is not sexual abuse will be considered sexual impropriety.
2
Apply mandatory revocation to all sexual abuse; penalties will be discretionary for sexual impropriety and could include revocation.
3
Expand mandatory revocation to circumstances where physicians are found to have engaged in other specified acts of professional misconduct – such as being convicted of a criminal sexual offence or engaging in sexual impropriety with a patient under the age of 16.
18 COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO