Dialogue Volume 11 Issue 2 2015 | Page 35

TRAnsparency information transparency accountability public’s right-to-know How will the information be presented? So now that Council has decided that cautions and SCERPs will be public, what will these summaries look like on the public register? Patient safety literature shows that acknowledgement of errors is most likely to occur, and in fact sometimes only occurs, when health professionals have a safe place to identify, discuss and address problems. We also have determined that the fact of an investigation – be it a complaint from the public, an inquiry into a physician’s capacity to practise related to their health, or an investigation into a mandatory report or a concern arising from another source – should not be posted on the public register. At this point a decision has not been made, and the College believes it would be premature to provide information about such investigations. Public safety must be achieved while maintaining procedural fairness to physicians. In some instances, an inability to verify the accuracy of information has led to the decision not to post on the public register. The College does not have the resources to verify the accuracy of a physician’s practice focus, and thus relies on the physician’s specialty designation (if any) that is verified by the national certifying bodies. Civil lawsuit settlements are also not reported on the public register given that the details of such agreements are not available to the College because they are usually reached in confidence between patients and doctors. At present, terms, conditions or limitations that are no longer in effect are not required by law to be included on the public register and we are not seeking legislative change. The RHPA specifies that only the fact of “the terms, conditions and limitations that are in effect on each certificate of registration” is public. We also do not post on the public register most healthrelated information that is contained in or related to undertakings that arise from an incapacity (healthrelated) investigation. These undertakings will protect The goal in publishing cases summaries of these particular Committee decisions is to make College procedures and outcomes more transparent to the public, so as such it is important that members of the public are able to understand the nature of those decisions. Case summaries are intended to be factual, easy to read and go right to the heart of the issues, including the key findings. The summaries will reside in the Other Notices section, which is on every physician’s profile. Each summary will have: an introduction, reference any relevant policies, standards or laws, and an explanation of the ICRC’s analysis which led to its disposition. To provide context, there will be accompanying text to explain to members of the public the nature of Cautions and SCERPs, the investigative process, and the ICRC’s role and composition. the public by, for example, requiring a physician to comply with a specific treatment regime. If a physician complies with the kinds of requirements contained in an undertaking, then that information will not be posted. Doctors are entitled, just like anyone else, to have their health information remain private. Practice restrictions, however, will be made public even where they arise from health-related concerns. In those instances in which the physician disagrees with the results of an investigation, a referral to the Fitness to Practise Committee will be made alleging incapacity. The doctor has the right to defend Issue 2, 2015 Dialogue 35