TRAnsparency
Criminal findings, certain bail
conditions to be posted
A
fter an external consultation, Council has approved by-laws that will
make criminal findings, findings of
offences under the Health Insurance
Act and certain bail conditions available on our
public register.
If a physician is found guilty of offences under the Criminal Code or the Health Insurance
Act on or after June 1, 2015, the College’s
public register will include a brief summary
of the finding, as well as the sentence. If the
decision is under appeal, a notation will be
included.
photo: D.W. Dorken
The College will post information about a
physician’s bail condition if it affects his or her
right to practise in an unrestricted way.
The College will post information about a
physician’s bail condition if it affects his or her
right to practise in an unrestricted way. For
example, a condition of release that prohibits a
physician 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.
Physicians had not been previously required to
report bail conditions to the College. A question
will be added to the annual renewal form that
asks whether the physician currently has any
terms of release relating to criminal or provincial
offence charges, or appeal therefrom. Council
also approved a new by-law provision that requires 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.
Much of the opposition to the proposed
by-laws voiced during the consultation
appeared to represent an objection to the
principle of transparency more generally, as
opposed to articulating specific problems with
the by-laws as drafted. That is, there did not
appear a way to modify the by-laws to address
the concerns raised, as the objection was to
the very purpose of the by-laws. As a result,
no changes were made to the draft by-laws.
Issue 4, 2014 Dialogue
39