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