ON Chiropractic it . SCERPs are ordered if the ICRC identifies a serious care or conduct concern and believes that a skills upgrade is required .
Certain Undertakings
A notation and summary of any undertaking obtained from a chiropractor as a result of a complaint made or investigation started on or after July 1 , 2016 is posted on the Public Register for 12 months after the chiropractor has successfully completed all of the terms of the undertaking .
Referrals to Discipline Committee
A notation of any charges of professional misconduct or incompetence that have been referred to the Discipline Committee , including a summary of each specified allegation , the notice of hearing , hearing dates and the status of the hearing , is posted on the Public Register until the matter has been resolved .
Reprimands
A summary of any reprimand given publicly to a chiropractor after July 1 , 2016 by the Discipline Committee is posted on the Public Register unless the results of the proceeding are not otherwise available to the public under the Health Professions Procedural Code .
Findings of Professional Misconduct by Discipline Committee
A notation of any findings of professional misconduct or incompetence made by the Discipline Committee is posted on the Public Register , including the date of the finding , the date of the order and a copy of the decision ( or identification of or a link to the decision ).
Reinstatement Applications
A notation of any application for reinstatement that has been referred to the Discipline Committee is posted on the Public Register , including hearing dates and the status of the hearing .
Findings of Guilt : Criminal Offences
A decision of any findings of guilt made on or after July 1 , 2016 due to a criminal offence under the Criminal Code of Canada is posted on the Public Register . This would not include provincial offences , such as parking or speeding tickets .
REPERCUSSIONS FOR CHIROPRACTORS
There are some potential repercussions for chiropractors now that the above concerns are posted on the Public Register .
Public Stigma
Patients , fellow chiropractors and other members of the public will have access to additional types of information about them , including any criminal offences .
Potential Increase in Number of Complaints
It is possible that a chiropractor who has concerns posted about them on the Public Register may face an increased risk of future complaints .
Heightened Importance of Complaint Responses
Because oral cautions , SCERPs and undertakings are now posted on the
Public Register , chiropractors need to be even more diligent in responding to complaints and investigations , even if the allegations do not appear overly serious . To ensure that your interests are protected , it is recommended to obtain the assistance of experienced legal counsel as soon as you receive a complaint or an investigation report . In many cases , waiting until you receive an ICRC decision is too late .
Reviews of ICRC Decisions
Members may want to consider seeking a review of an ICRC decision before the Health Professions Appeal and Review Board if an oral caution or SCERP has been ordered against them .
CONCLUSION
Chiropractors would be well advised to make all reasonable efforts to ensure that there are no concerns posted about them on the Public Register .
For a full listing of information that is required to appear on the Public Register , please refer to CCO By- Law 17 and section 23 of the Health Professions Procedural Code , which is Schedule 2 of the Regulated Health Professions Act , 1991 .
The OCA would like to thank Lad Kucis from Gardiner Roberts LLP for his assistance with this article . For more information about Gardiner Roberts LLP ’ s partnership with the OCA Advantages program , please visit https :// www . chiropractic . on . ca / gardiner-roberts-llp .
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