Annual Report 2015 | Page 18

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