Dialogue Volume 10 Issue 4 2014 | Page 39

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