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While Council is supportive of consistency of investigative processes where possible, it also wants to ensure that the College retains the ability to employ best practices in our investigations
declined to have their name included in a mandatory report from accessing funding for therapy.
Definition of Patient for the Purposes of Sexual Abuse
Council believes that the definition of“ patient” as proposed in the Bill, and specifically the one-year time period included in the definition, poses a number of challenges. The wording of the current provision makes it impossible to apply the definition. It defines the doctor-patient relationship for matters of sexual abuse in terms of individuals who have been‘ patients within the last year’ but does not specify when the one-year period begins.
Additionally, the definition implies that once one year from an undefined event has elapsed, individuals will no longer be considered patients. This would permit physicians to engage in a sexual relationship with such individuals. This may not always be appropriate. For instance, in some physicianpatient relationships where the contact has been enduring( as in psychotherapy), it may never be appropriate for a physician to form a sexual relationship with a former patient. Limiting the definition to sexual abuse matters poses significant challenges in instances where there are blended allegations( sexual and non-sexual), or where it is difficult to determine if the conduct was sexual, and it is
Bill 87 not clear whether the conduct occurred before or after termination.
Regulation-Making Power: Investigative and Discipline Processes
The Bill grants the Minister the power to develop regulations to“ clarify” how the ICRC and Discipline Committee are to perform their functions with respect to matters involving allegations of a member’ s misconduct of a sexual nature, and by providing for further functions and duties of these committees. While Council is supportive of consistency of investigative processes where possible, it also wants to ensure that the College retains the ability to employ best practices in its investigations. Council believes the best approach in ensuring consistency is to do so by policy as opposed to regulation. If changes need to be made to our processes, and the processes are set out in regulation, it will be difficult to make changes that allow us to respond to needs and circumstances as they arise. Further, the provision only relates to sexual abuse investigations. In doing so, the provision assumes that sexual abuse matters are always clearly distinguishable from other misconduct issues at the investigation stage. That assumption does not accord with the College’ s experience. MD
We have posted our submission to the government on Bill 87 at cpso. on. ca.
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Dialogue Issue 1, 2017