LEGISLATION
o The member prescribed a drug for the person .
The regulation includes an exemption from the definition if all of the following conditions are satisfied : a sexual relationship is already in place between the individual and member at the time the health-care services are provided ; the member provided the health-care services to the individual in emergency circumstances or in circumstances where the service is minor in nature ; and the member has taken reasonable steps to transfer the care of the individual to another member or there is no reasonable opportunity to transfer care to another member .
Expanded Duty to Report These provisions expand the scope of information that regulated health professionals must provide to their colleges , and affect the time in which the information is to be reported . As a reminder , physicians are required to make written reports to the College if the physician :
Has been found guilty of an offence ;
Has been charged with an offence , and the report is to include information about bail conditions or other restrictions on the physician in connection with the charge ;
Has had a finding of professional negligence or malpractice ( i . e ., through a lawsuit );
Is licensed by or registered with ( i . e ., a member of ) another professional body in any jurisdiction , including Ontario ;
o WHAT ’ S NEW : Reporting is no longer limited to medical licences , as it was under the College Bylaw ; it applies to licences and registrations held across all professions ;
Has had a finding of professional misconduct or incompetence made against the member by another professional regulatory body in any jurisdiction , including Ontario o WHAT ’ S NEW : This is no longer limited to medical regulatory bodies , as it was under the College By-law ; it applies to all professions .
In all of these cases , the report is to be made as soon as reasonably practicable after receiving notice of the finding , charge , etc . ( Under the College By-laws , some reports were required within 30 days and some through the annual renewal process .) Certain details are required to be included in each report ; ensure you include everything required . Also , any changes in the information must be reported ( for example , if the status of charges or conditions change ).
Increased Information on the College Register
New regulations under the Act mandate certain information to be on the College ’ s public register , most of which this College had already proactively been posting through its Transparency Initiative over the last several years . Specifically , the new regulations require that the public register contain the following information :
Findings of guilt ( i . e ., convictions ) for criminal and drug offences ( unless there has been a record suspension or pardon , or the conviction has been overturned on appeal );
Release restrictions ( i . e ., bail conditions ) for criminal and drug offence charges or findings ;
Outstanding criminal or drug offence charges ;
o WHAT ’ S NEW : The posting of drug offences and charges under the Controlled Drugs and Substance Act .
o WHAT ’ S NEW : The regulations require all bail conditions to be posted ; the College By-laws had limited posting of bail conditions to those that relate to the practice of medicine .
o NOTE : The College By-laws continue to also require posting of guilty findings and charges under the Health Insurance Act ( typically OHIP fraud ).
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DIALOGUE ISSUE 2 , 2018