Review
College to review sexual abuse
provisions in legislation
We are also examining our own processes to determine best practices
to support patients
C
ouncil has approved an initiative
to review the College’s governing
legislation regarding sexual abuse
and determine how it could be
improved to better protect patients.
The initiative would also include a review of
College processes and practices with respect to
complaints, investigations and discipline hearings relating to sexual abuse by physicians. The
purpose of the initiative is to ensure the College
continues to employ best practices and advocates for the best possible legislative scheme to
address these crucial issues.
It has been more than 20 years since the Regulated Health Professions Act (RHPA) was passed,
together with its provisions for mandatory revocation of a physician’s certificate
As part of our
of registration for certain acts of sexual
abuse.
ongoing efforts
“Over time, new lenses are being
to advocate for
applied to the scheme and new questhe best practices tions are being asked about whether the
legislation is still the best way to adfor protecting
dress physician sexual abuse, or whether
patients from
changes are required,” said Dr. Marc
sexual abuse, we Gabel, out going College President.
Since the 1991 amendments to the
must continually
RHPA, this College has maintained a
evaluate the
strong stance in opposition to sexual
legal landscape
abuse by physicians and in support of
victims of sexual abuse. It has prosecuted
and revoked physicians for sexual abuse
where the criminal justice system did not. It
has established a Patient Relations Committee
to provide funding for counselling and support for victims of sexual abuse by physicians.
It has provided the services of a trained witness
support person who helps guide and support
42
Dialogue Issue 4, 2014
victims throughout the complaints and discipline processes.
Questions, however, are being raised as to
whether the penalties handed down by the
College’s Discipline Committee for sexual abuse
that does not require revocation are sufficiently
severe. The appropriateness of imposing genderbased restrictions on physicians who have been
found to have engaged in sexual abuse is also
being questioned. Further questions have been
raised about whether the College should be
required to report all complaints of sexual abuse
to the police.
“The College is committed to protecting patients and the public from sexual abuse by physicians,” said Dr. Gabel. “As part of our ongoing
efforts to advocate for the best practices for
protecting patients from sexual abuse, we must
continually evaluate the legal landscape and the
environment in which we operate,” he said.
The Premier recently announced the creation
of a legislative committee to examine issues of
sexual harassment and sexual assault, and the
Minister of Health has sai H[