LEGISLATION
The word “patient” – in relation to an act of sexual abuse – is defined to
include any individual who was a member’s patient within one year from the
date on which the individual ceased to be the member’s patient.
extending the one-year period. In addition, the Minister
will have the power to make a regulation establishing
criteria to be used to determine whether an individual
was a member’s patient in relation to any allegation of
sexual abuse.
The College’s position – articulated in our Maintain-
ing Appropriate Boundaries and Preventing Sexual
Abuse policy – is that circumstances exist where a
sexual relationship with a former patient any time after
termination is never appropriate. This includes physi-
cian-patient relationships that had included psychiatric
care, recurrent psychotherapy and/or counselling, or
any similar treatment.
Patient Relations Program
The RHPA requires all colleges to have a patient rela-
tions program that includes measures for preventing
and dealing with sexual abuse of patients by members,
including a fund for therapy and counselling. The
Patient Relations Committee (PRC) administers the
fund for therapy and counselling for persons who, while
patients, were sexually abused by members by: deter-
mining eligibility for funding; and dispersing funds to
eligible applicants’ therapists.
Once the provisions are in effect, there will be a new
route of eligibility for funding in addition to the exist-
ing ways in which a patient can be eligible for funding
under our current criteria. Patients will be eligible for
funding if they make a complaint or are named in a
mandatory report alleging sexual abuse by a member.
There is also a new regulation-making authority for
the Minister. This authority would enable the Minister
to expand the types of expenses that can be funded. Pre-
viously, funding could only be used to cover the costs of
therapy or counselling. The Minister will likely enable
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DIALOGUE ISSUE 3, 2017
funding to be used for related expenses such as costs of
medication, or child care should that be required for the
individual to access therapy.
Expanded Duty to Report
There are also provisions, when enacted, that will in-
crease the amount of information that regulated health
professionals must provide to their colleges. Physicians
have already been required for several years to provide
most of this information to the College under the Col-
lege bylaw and through the requirement to complete
the College’s annual renewal form.
When the these amendments come into force,
regulated health-care professionals will be required to
report to the Registrar if they belong to other regu-
lated professional bodies – inside and outside of On-
tario. They will also be required to report any findings
of professional misconduct or incompetence made
against them by another professional body as soon as
reasonably practicable. The report would be required
to contain information regarding the status of any ap-
peal of the finding.
The provisions will also require regulated health-
care professionals to report to the Registrar if they are
charged with an offence as soon as reasonably practica-
ble after the professional has been charged. Further, the
regulated health professional will be required to provide
information about any bail conditions. The report will
be required to contain certain details, including infor-
mation regarding the status of any proceedings with
respect to the charge.
We will keep the profession up to date on this issue
and provide more information as the amendments are
enacted.
MD