PROTECTING
What factors does the ICRC consider when reviewing a particular investigation?
facts of the case;
number and seriousness of care and/or conduct concerns at issue;
standard of care expected of practitioners;
whether the physician is practising within his or her area of expertise;
physician’s response to the investigation;
insight; self-identification of areas for improvement and changes to practice;
physician’s apparent capacity for remediation;
physician’s investigative and disciplinary history;
expert opinions obtained in the course of the investigation;
other documentary and witness information.
Following a Complaints or Registrar’s Investigation, the ICRC may:
• refer allegations of professional misconduct and/
or incompetence to the Discipline Committee;
• require a member to appear in person to be
cautioned before an ICRC panel;
• require a member to complete a specified
continuing education or remediation program
(SCERP);
• refer a complaint or Registrar’s investigation for
incapacity proceedings; or
• take any action not inconsistent with the legis-
lation (including “no action,” “advice,” “under-
takings,” etc.).
In the event that the ICRC is of the opinion
that the physician’s conduct exposes or is likely
to expose patients to harm or injury, it may also
direct the Registrar to impose terms and condi-
tions upon or suspend the physician’s certificate
of registration. (On May 30 2017, The Protecting
Patients Act received Royal Assent, allowing the
ICRC to give notice to suspend at any point in
the investigation.)
Incapacity Inquiries
Following the completion of the incapacity
inquiry, the ICRC has the power to refer the
matter of the physician’s capacity to the Fitness
to Practise Committee, if appropriate and if the
matter has not been addressed through an under-
taking with the College or a monitoring agree-
ment with the Physician Health Program.
If the ICRC is of the opinion that the physi-
cian’s condition exposes or is likely to expose
patients to harm or injury, it may also direct the
Registrar to impose terms and conditions upon
or suspend a physician’s certificate of registration.
Fast Fact
There were no Fitness to Practise Committee hearings in 2016.
Instead, cases were resolved through health monitoring agreements.
ANNUAL REPORT 2016 25