Dialogue Volume 11 Issue 2 2015 | Page 20

Sexual abuse initiative draft principles – Articulating Our Approach The draft principles articulate the College’s approach to sexual abuse matters with content informed by the College’s mandate, our policy and Council discussion. Please let us know what you think of these principles in our consultation at www.cpso.on.ca. principle 1: Harm and Breach of Trust principle 2: Prevention Sexual abuse is harmful and physicians must never have any sexual involvement with patients. There is an inherent power imbalance in the physicianpatient relationship. The physician-patient relationship is fiduciary in nature, requiring physicians to act with the utmost good faith and to ensure patients’ best interests are paramount. Sexual abuse of patients exploits this power imbalance, is contrary to physicians’ fiduciary duties and is a breach of trust. Sexual abuse harms not only the individual patients who are abused, but also the public at large by undermining the public’s trust in the medical profession. Education of physicians and medical trainees is essential to prevent sexual abuse of patients. Physicians must have a clear understanding of their obligations to maintain appropriate boundaries with patients, and that any sexual involvement with patients is harmful, is considered sexual abuse, and is never acceptable. Education of the public is also essential. The public needs clear information about the differences between appropriate and inappropriate physician-patient interactions and what patients can expect from physicians. Patients also need to be aware of steps they can take to keep themselves safe, and to question anything they have experienced that doesn’t feel right. This includes information regarding how to share their concerns with the College and others, and the support the College provides when they do so. principle 3: Physician Responsibility: Individual and Collective principle 4: Respect, Fairness and Transparency Physicians have responsibility both individually and collectively to prevent sexual abuse of patients and to respond when they learn a patient has been sexually abused. Individually, physicians must maintain appropriate boundaries with patients and must not sexually abuse patients. Physicians must also make a mandatory report when they learn a patient has been sexually abused by a regulated health-care professional. Collectively, physicians together with organizations, hospitals and others, have a shared ethical responsibility to prevent and respond to sexual abuse of patients. Complaints and disciplinary processes must ensure that all individuals – patients and physicians – are treated with respect. Processes must be fair, impartial and transparent. In acknowledgment of the inherent power imbalance between physicians and patients, and the challenges patients experience in both reporting sexual abuse and proceeding with the complaints process, the College will continue to support and empower patients throughout the College’s complaints and discipline processes. principle 5: Public Protection principle 6: Public Confidence In fulfilling its regulatory duties, the College has a duty to serve and protect the public interest. Public protection is the Colle