Sexual abuse initiative
monitoring of patient encounters or requiring
a chaperone for all patients regardless of age or
gender – but these were described as also having limitations in their ability to achieve public
protection.
It was also pointed out that ordering
stronger sanctions in place of gender-based
restrictions – such as revocation or suspension of the physician’s licence – would not be
a proportional response or even available in all
circumstances.
For example, the College has no power to
issue restrictions prior to a discipline referral.
Even where there is a referral, if it is based on
sexual comments or gestures, that may not be
sufficient to justify a suspension. It might, however, justify a chaperone. If a referral is based on
alleged sexual contact, the allegations must be
weighed carefully to see what restriction, if any,
is warranted. Where, for example, an allegation
is historical in nature, and the physician has had
no other similar complaints prior to or after
the alleged conduct, there may not be enough
evidence in some cases to support a restriction
unless and until a finding is made by the Discipline Committee. Finally, even if physicians are
suspended after a hearing, they will be returning
to practice, when consideration may once again
be given to the potential protection provided by
a GBR. The same is true of a revoked physician
who seeks reinstatement.
“Since there is no one solution that will
both address the risk of harm to patients and
be available to the College in all circumstances,
I do think that the gender-based restriction is
a tool worth keeping available to us,” said Dr.
Carol Leet, College President.
“But it is clear that each case must be carefully assessed to determine the most suitable
sanction and perhaps thoughtful consideration
of these factors will lead to a reduction in the
use of these measures by the College,” she said.
Learn more about
upcoming Council meetings
Upcoming Council meeting agendas and background
materials are posted on our website (www.cpso.on.ca) up to
two weeks prior to Council meetings. These materials remain
posted until we report on the major actions taken and issues
discussed at the meeting in Council Update.
2015 Council meeting dates:
December 3 and 4
32
Dialogue Issue 3, 2015