College Connection

THE QUESTION OF PENALTIES... DISCIPLINE SUMMARIES TO INCLUDE MORE FACTS, CIRCUMSTANCES Spring 2015 Vol. 31 No. 1 ISSN 0821-6320 Julie Maciura Recent Discipline Summaries have provoked healthy discussion amongst the profession with respect to the penalties that are sometimes ordered in discipline cases. FEATURED What you need to know! This issue of College Connection highlights five recent policy changes that will assist you in your practice. Summaries of discipline matters are published for several reasons, the most significant of which is transparency. The publishing of findings against a member assist the public with informed decisionmaking, colleagues with referral choices and industry and government with meeting other obligations such as access to controlled drugs. In addition these summaries serve as learning tools for the profession as a whole. The challenge is, it is a summary. The College complaints and discipline process is an area of law called “administrative law”, which contains many An important difference between criminal cases and College discipline cases is that in the latter, the issue of “intent” does not have to be proven in order for misconduct to be found. judge-made rules. Some of those rules are in place to ensure that natural justice and fairness are afforded to the member who is the subject of a concern. Some of those rules describe the factors that a screening committee must consider in determining whether regulatory action is warranted. And some of those rules give guidance to the regulator about what kind of penalties different misconduct will attract. That judge-made law is binding on the College and its Committees. While that judge-made law will have been considered by all of the participants in the discipline process, and may have been a factor in a member deciding to plead guilty, those court cases might not be referenced in the Discipline Summaries as distributed by the College. Additionally, the summaries of discipline decisions that are published in the College newsletter likely will not include all of the facts and circumstances that were known to the Discipline Committee in a particular case. That may make it difficult for readers to understand why a particular penalty was imposed in a given case. continued on page 2 CONTENTS Legislative Reform . . . . . . . . . . . . . . . . . . . . . 2 Antimicrobial Resistance . . . . . . . . . . . . . . . . 4 Learning in Practice . . . . . . . . . . . . . . . . . . . 6 Veterinary Dentistry . . . . . . . . . . . . . . . . . . . . 3 Rabies Clinics . . . . . . . . . . . . . . . . . . . . . . . . 5 Fiscal Accountability . . . . . . . . . . . . . . . . . . . 7 Strengthening the veterinary profession through quality practice and public accountability. www.cvo.org