feature
College advances further proposals
Discretion to share relevant information about non-members with police among requests in government submission
In its submission to government, the College will take advantage of the opening of the Regulated Health Professionals Act( RHPA) – an infrequent occurrence – to advance two new proposals and several proposals that it has previously requested, but are not currently reflected in Bill 87.
CPSO’ s Proposals( Previously Requested)
• Give the College the discretion to provide information to police about non-members. Currently, the College can only provide information to police about members. Giving the College discretion to share relevant information would allow the College to provide information about non-members in appropriate circumstances where it is in the public interest to do so.
• Increase the threshold for when third party records are ordered to be produced and guarantee standing to patient / complainant on motions to disclose confidential records. One of the most invasive aspects of a discipline hearing for patients / complainants is the ability of the physician to access and then reveal publicly at a hearing details of their private medical records, which can include extremely confidential information. This amendment would incorporate a specific elevated threshold for the production and disclosure of confidential records in discipline proceedings and require that a patient / complainant whose records are the subject of such a motion, automatically be granted full standing on the motion if requested.
Bill 87
• Better support public members of Council and better protect the public interest and enhance regulatory processes. The College will seek an amendment to allow non-Council public members to be included in the quorum for the Inquiries, Complaints and Reports Committee and the Discipline Committee. An amendment will also be sought to remove barriers in the legislation that prevent colleges from compensating public Council members for their work. The College believes that the current government compensation for the work that public members do is inadequate.
New Proposals
• Amend confidentiality provisions to enable the College to share non-nominal data for research / public health. This amendment would facilitate the research work the College is doing and reduce the risk associated with a complaint about the way in which the College uses its data.
• Amend the RHPA to exclude College proceedings from the requirement in the Mental Health Act which require either patient consent or a court order to enter evidence relating to care of a patient in a psychiatric facility. The public interest in being able to review a physician’ s provision of psychiatric care is significant and this requirement impedes its ability to do so. It seems the purpose of this section of the Mental Health Act is to protect the confidentiality interests of patients, which the College already does in its proceedings. MD
14
Dialogue Issue 1, 2017