LEGISLATION
corresponding inability to apply for reinstatement for at least five years . These acts are added to the list of activities where there already was mandatory revocation – instances where a regulated health professional has : sexual intercourse with a patient ; genital to genital , genital to anal , oral to genital , or oral to anal contact with a patient ; masturbation of the member by , or in the presence of , the patient ; masturbation of the patient by the member ; and encourages the patient to masturbate in the presence of the member . Some have put forward the assertion that expanding the list of acts of sexual abuse makes doctors vulnerable to accusations of sexual abuse . Some physicians have even publicly stated a reluctance to perform clinically indicated examinations under this new legislation . Dr . Rocco Gerace , College Registrar , said that he firmly believes that the expanded list will not result in an increase in complaints . “ The provisions in the RHPA are not meant to capture contact that is for clinical purposes and the language used in the legislation makes it clear that clinical contact is explicitly exempted ,” he said . It is critical , he said , that physicians perform all clinically indicated examinations . “ And in fact , physicians who avoid performing a clinically indicated examination are at far greater risk of receiving a complaint concerning the care that they have provided or lack thereof than receiving an unfounded complaint of a sexual nature ,” said Dr . Gerace . Sexual abuse allegations comprise a very small percentage of the complaints that we receive on an annual basis . In fact , the percentage has remained consistent for the last decade at about 2 % of all complaints received . For further information , please refer to our guidance set out in the College ’ s Maintaining Appropriate Boundaries and Preventing Sexual Abuse policy . Mandatory revocation will be imposed in an additional instance : where a member has been found guilty of professional misconduct by a health profession regulator outside of Ontario and the professional misconduct relates to a sexual act that has been specified as resulting in mandatory revocation . The Act contains provisions that would enable the list of acts resulting in mandatory revocation to be augmented in the future through regulation . The Act enables the Minister to make regulations , o Specifying further acts of sexual abuse that will result in mandatory revocation . o Designating certain offences ( e . g . sexual assault or others ) as also resulting in mandatory revocation .
Gender-based Restrictions Panels of the Discipline or Fitness to Practise Committees of colleges can no longer order gender-based restrictions . Previously , the College had ordered restrictions which prevented the physician from treating patients of a particular gender , or , in other cases , only allowed the physician to treat patients of a particular gender under the supervision of a practice monitor . This new provision prevents gender-based restrictions from being made in all cases , including sexual abuse cases . This would apply to decisions regarding both interim decisions and final orders regarding professional misconduct . The College supported the elimination of gender-based restrictions if given sufficient new authority to restrict or suspend prior to a referral to ensure public protection .
Interim Orders Previously , the Inquiries , Complaints and Reports Committee ( ICRC ) could make an interim order to suspend or impose terms , conditions or limitations on a member ’ s certificate of registration . This , however , only happened after an allegation of professional misconduct , incompetence or incapacity has been referred for a hearing . The new provisions provide the ICRC with the power to make such an interim order at any time following the receipt of a complaint or a report or following the appointment of an investigator , or once a panel of the ICRC has been established to inquire into whether a member is incapacitated . The ICRC can only make such an order if it is of the opinion that the conduct of the member exposes or is likely to expose patients to harm or injury . In those matters concerning incapacity , the ICRC can make such an order if it is of the opinion that the member ’ s physical or mental state exposes or is likely to expose patients to harm or injury .
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DIALOGUE ISSUE 3 , 2017