LEGISLATION
The following came into force in 2017:
Mandatory Revocation
The list of acts of sexual abuse specified in
the Code resulting in mandatory revoca-
tion was expanded. The added acts include:
touching of the patient’s genitals, anus,
breasts or buttocks (subject to the clinically
appropriate exception). These acts are subject
to the corresponding inability to apply for
reinstatement for at least five years.
These acts were added to the list of activi-
ties where there already was mandatory re-
vocation: 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 encourag-
es the patient to masturbate in the presence
of the member.
Gender-based Restrictions
This provision prevents gender-based restric-
tions from being made in all cases, including
sexual abuse cases.
Previously, the College had ordered
restrictions which forbade a 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.
Interim Orders
A new provision in the Code provides the
Inquiries, Complaints and Reports Com-
mittee (ICRC) with the power to make an
interim order to suspend or impose terms,
conditions or limitations on a physician's
certificate of registration at any time follow-
ing the receipt of a complaint or a report or
following the appointment of an investiga-
tor, or once a panel of the ICRC has been
established to inquire into whether a physi-
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DIALOGUE ISSUE 2, 2018
cian is incapacitated. Prior to this provision,
such an order could only be made after a
physician had been referred to Discipline or
the Fitness to Practise Committee.
The ICRC can only make such an order if
it is of the opinion that the conduct exposes
or is likely to expose patients to harm or
injury. In those matters concerning incapac-
ity, the ICRC can only make such an order
if it is of the opinion that the physician's
physical or mental state exposes or is likely
to expose patients to harm or injury.
Mandatory Suspension as a New
Minimum Penalty for Sexual Abuse
The Act provides that a panel of the Disci-
pline Committee must suspend a physician's
certificate of registration where it makes a
finding of sexual abuse unless the penalty
ordered was revocation. For example, if the
sexual abuse consisted of remarks of a sexual
nature, with no other findings, the penalty
must include, at a minimum, a suspension.
Mandatory Reports for Sexual
Abuse
The