Annual Report 2014 - Page 26

Discipline When a College investigation finds information that appears to show that a physician demonstrated a deliberate disregard for patient welfare, engaged in reprehensible behaviour, or demonstrated extreme substandard care that does appear capable of remediation, then that physician will be referred to the Discipline Committee. Discipline Committee panels – which are made up of doctors and public members – make decisions based on the law and the evidence presented by the College’s prosecutor and the physician’s legal counsel. The Discipline Committee completed 27 hearings, in 2014. Of the 27 hearings:  leven had findings of failing to maintain the standard of practice; e six had findings of disgraceful, dishonourable or unprofessional conduct; four involved allegations of sexual abuse (one case was not proved); three had findings of incompetence; one had a finding of professional misconduct in another jurisdiction; one application for reinstatement, which was granted; and one motion to vary a prior Order of the Committee. Challenges on Appeal From 2006 to 2011, there were no successful challenges on appeal to the Divisional Court on the basis of findings, rulings or Orders made by the Discipline Committee. In 2014, one matter was returned for rehearing, and one physician appeal and one physician motion for leave to appeal to the Court of Appeal were dismissed. Fitness to Practise Committee The Divisional Court returned one matter for rehearing 24 Our Fitness to Practise process deals with those physicians who have a health-related issue – such as substance misuse, a mental health condition or cognitive impairment – that may affect their ability to practise medicine safely. If a physician is incapacitated, it means that he or she is suffering from a physical or mental health condition that makes it necessary to restrict, suspend or revoke their ability to practise. This may mean that they should not practise at all, or that they should be limited in what they are allowed to do or that they require practice supervision and health monitoring. We will take appropriate action, and will aim to deal with incapacity matters quickly and with dignity for the physician. The Fitness to Practise Committee conducts hearings of allegations concerning a physician’s capacity to practise medicine that are referred by a panel of the Inquiries, Complaints and Reports Committee. COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO