What does this mean? We provide definitions for the legal terminology used in the discipline process
discipline summaries
an interim basis by the Inquiries, Complaints and Reports Committee( ICRC) of the College, pending the hearing. The terms, conditions or limitations imposed by the Divisional Court included that:
( a) Dr. Dobrowolski was prohibited from performing any form of physical examination on any of his patients;
( b) Dr. Dobrowolski was required to post signage in his waiting room in a location where it was visible to patients, in an approved form, advising patients of this restriction;
( c) Dr. Dobrowolski was required to advise all female patients of the findings made against him by the Discipline Committee of the College, that as a result he was restricted from performing any form of physical examinations on any of his patients, and that if a physical examination was necessary, it would have to be performed by another physician;
( d) Dr. Dobrowolski was required to further advise all female patients that it was inappropriate and unacceptable for him to have any form of relationship with his patients outside of the physician-patient therapy relationship; and( e) Dr. Dobrowolski was required to have all existing and future female patients sign an acknowl-
What does this mean? We provide definitions for the legal terminology used in the discipline process
Admission The physician admits that the facts alleged amount to professional misconduct and / or incompetence.
Plea of No Contest The physician does not contest the facts. The College files a statement of facts as an exhibit at the hearing. The Discipline Committee can accept the facts as correct and make a finding of professional misconduct and / or incompetence. The physician does not admit to the facts or findings for the purpose of any other proceeding.
Agreed Statement of Facts A statement of facts that are negotiated and agreed to by the College and the physician. It is filed as an exhibit at the hearing.
Joint Submission on Penalty A penalty that is proposed to the Committee as an appropriate penalty by both the College and the physician. In law, the Discipline Committee must accept a joint submission on penalty unless it would be contrary to the public interest and bring the administration of justice into disrepute.
Contested Hearing The physician denies the allegations. The College must prove the allegations on a balance of probabilities( the civil standard of proof) by calling evidence such as witnesses. If one or more of the allegations is proved, a penalty hearing is scheduled. The College and the physician may agree and jointly propose a penalty to the Committee or they may disagree and a contested penalty hearing takes place.
Aggravating, Mitigating Circumstances Aggravating and mitigating circumstances may be considered by the Discipline Committee in determining an appropriate penalty. Mitigating and aggravating circumstances are considered by the Committee, so that the penalty imposed is proportionate to the gravity of the physician’ s conduct, and the degree of responsibility of the physician. Mitigating circumstances tend to reduce penalties, whereas aggravating circumstances tend to increase penalties.
Aggravating circumstances could include: a high degree of vulnerability of the person( s) affected by the physician’ s conduct; a prior disciplinary history with the College; a lack of insight by the physician into his or her own misconduct; a lack of remorse about the effects of the misconduct on others.
Mitigating circumstances could include: a clean disciplinary record; an admission to the facts underlying the allegations in advance of a hearing; cooperating with the investigation; a demonstration of remorse or regret about the effects of the misconduct on others; taking remedial steps on the physician’ s own initiative prior to a finding or an order by the College.
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Dialogue Issue 4, 2016