consultation
... Continued from pg. 21
cedural Code. In addition, on the annual renewal form,
members are required to answer whether they “have
been charged with any offence in Canada or elsewhere.”
This information would be added to the public register
once we’ve confirmed accuracy.
In addition, in accordance with our usual practices, a
criminal finding is assessed by the College’s Inquiries,
Complaints and Reports Committee to determine
whether a referral to the Discipline Committee ought
to be made in circumstances where the finding may
be relevant to the physician’s suitability to practise
medicine.
Proposed By-Law
49.(1)19. Where there has been a finding of guilt
against a member under the Criminal Code or a finding
of an offence under the Health Insurance Act, made on
or after June 1, 2015, if the person against whom the
finding was made was a member at the time of the finding, and if the finding and/or appeal is known to the
College, a brief summary of:
(i) the finding;
(ii) the sentence;
(iii) here the finding is under appeal, a notation that it
w
is under appeal, until the appeal is finally disposed
of; and
(
iv) the dates of (i)-(iii), where known to the College.
Certain Bail Conditions
Council has approved an external consultation on a
proposed amendment to the College’s General By-Law
that, if passed, will require the College to post on its
public register current bail conditions when they affect
a physician’s right to practise in an unrestricted way. For
example, a condition of release that prohibits a member
from attending at a hospital where he or she has privileges would be posted; a condition that the member
have no contact with a neighbour would not. Given the
nature and purpose of the restrictions to be posted, it
follows that only current bail conditions will be posted
pending trial, and/or pending appeal.
Unlike physicians’ current obligations in respect of
reporting criminal charges and findings, physicians are
not currently required to report bail conditions to the
College. We are therefore proposing to add to the annual renewal form a question as to whether the member
currently has any terms of release relating to criminal
or provincial offence charges, or appeal therefrom, that
relate to the member’s practice.
In addition, we are proposing a new by-law provision
that will require members to notify the College in writing outside of the annual renewal cycle, as soon as reasonably practical after any bail restrictions are imposed
or are varied throughout the criminal process.
Below is the proposed by-law in relation to adding certain bail conditions, and the proposed by-law amendment (underlined) that requires members to notify the
College in writing outside of the annual renewal cycle.
Proposed By-Law
49.(1)20. Any currently existing conditions of
release following a charge for a criminal or provincial offence, or subsequent to a finding of guilt and
pending appeal, that relate to the member’s practice,
and any variations to those conditions, when known
to the College.
Proposed By-Law Amendment
51. (1) A member shall notify the College in writing or
electronically as specified by the College of,
(a) he member’s preferred addresses (both mailing and
t
e-mail) for communications from the College;
(b) the address and telephone number of the member’s
principal place of practice; and
(c) he identity of each hospital and health facility in
t
Ontario where the member has professional privileges; and
(d) ny currently existing conditions of release (not
A
including any information subject to a publication ban) following a charge for a criminal or
provincial offence, or subsequent to a finding
of guilt and pending appeal, that relate to the
member’s practice, and any variations to those
conditions.
DIALOGUE • Issue 3, 2014
23