Preventing and Addressing Sexual Abuse of Patients April 2015 | Page 16

hearings CON’T

ACTIONS TAKEN BY THE COLLEGE:
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  he Discipline Committee has enacted a Rule which allows patients and other
individuals who are not parties to the hearing to request status to participate.
This means that issues of broad public interest can be heard before the
Discipline Committee; and it allows people to participate if their conduct or
reputation is at issue in the hearing.
•  he Discipline Committee has enacted the Vulnerable Witness Rule which allows
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patients in appropriate circumstances to have a support person with them,
to testify behind a screen or outside the hearing room, and not to allow the
physician to cross-examine the patient.
•  n order to protect patients’ identities, College prosecutors routinely request
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that the Discipline Committee order a Publication Ban on the patient’s or a
witness’ name and any information that could identify the patient or witness in
cases related to allegations of a sexual nature against a physician.
•  hysicians alleged to have engaged in sexual abuse often seek access to
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confidential medical records of the patient (e.g., psychotherapy treatment
records of another health-care provider) that were not gathered by the College
during the investigation, and don’t form any part of the College’s case against
the physician. Such motions are vigorously opposed by the prosecution. Where
a patient’s records are the subject of a “third party records” motion before the
Discipline Committee, the College will inform the patient, facilitate access to a
lawyer with experience in this area, and cover the cost of this independent legal
advice.
•  he Discipline Committee has Case Management Rules that provide timeline
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benchmarks in an effort to hear referrals quickly.
•  he seating arrangement in the Discipline hearing room is under review to
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determine the best seating arrangement for witnesses.

Measures taken by the CPSO

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