Existing Provisions
The Veterinarians Act does not currently include any mandatory reporting
provisions. However, this concept is not unfamiliar to veterinarians as they
currently have a number of other mandatory reporting obligations under
different federal and provincial legislation and regulations, such as the
Animal Health Act, the Health Protection and Promotion Act, the Ontario
Society for the Prevention of Cruelty to Animals Act, the Controlled Drugs
and Substances Act and regulations, and the Health of Animals Act, albeit
for different purposes.
What Change is Proposed?
Mandatory reporting is being proposed in circumstances in which a
licensed member has reasons to believe that another licensed member
is incapacitated or unwell. Circumstances that might justify a mandatory
report would be cases where a veterinarian is incapacitated by a physical
or mental health condition that impairs his or her ability to provide
veterinary care. A report would be made to the College.
The College would then conduct its own investigation. A report would not
constitute a finding of incapacity against the member who is the subject
of the report. The proposal regarding mandatory reporting includes an
immunity provision for reports stating that no action or other proceeding
shall be instituted against a person for filing a report in good faith.
Modernizing
the Practice
of Veterinary
Medicine
INVESTIGATIONS
& RESOLUTIONS
•Mandatory
Reporting•
Why is the College Considering Changes to this Concept?
The Veterinarians Act does not currently include mandatory reporting
provisions related to incapacity.
Members often know specific information about how other members
practice which the College and the public are not privy to. From a public
trust point of view, substance abuse and other forms of incapacity can
be significant and interfere with a veterinarian’s ability to practice safe
medicine.
Mandatory reporting would be a useful mechanism to manage these
issues by alerting the College if there is a concern at an early stage,
potentially before an adverse event. Further, it supports efforts to ensure
member wellness. Instituting a mandatory reporting system would align
with public expectations and assumptions with respect to the College’s role
in mitigating risk and acting to ensure public protection
Achieving a Modern Approach to the Regulation of Veterinary Medicine in Ontario 29