Dialogue Volume 11 Issue 2 2015 | Page 21

Sexual abuse initiative Proposing Legislative Changes Council proposes changes to RHPA’s sexual abuse provisions C ouncil directed that the College seek a number of changes to the sexual abuse provisions in our governing legislation to better protect patients. The most significant proposal for legislative change is the proposal for two different definitions of sexual misconduct. All physical sexual contact between a physician and patient would fall within the definition of sexual abuse, and would result in revocation. to patients that requires revocation. It would define Sexual comments and gestures would be defined RHPA sexual abuse as physical sexual contact between the as sexual impropriety, and penalties for sexual Provisions physician and a patient. Comments and gestures impropriety would be at the discretion of the would be sexual impropriety, not sexual abuse. Discipline Committee. This approach means that a wider range of conduct This approach would eliminate the list of specific will be caught under mandatory revocation and, as acts that trigger mandatory revocation and would treat such, the minimum five-year period prior to a reinstateall physical sexual contact between a doctor and a pament application may not be appropriate in all cases. tient as a fundamental breach of a physician’s obligation Harm and Breach of Trust Prevention Physician Responsibility: Individual and Collective Respect, Fairness and Transparency Public Protection Public Confidence RHPA Provisions photo: masterfile Processess & Practices Patient Support & Access Physician & Learner Education Patient Support & Access Committee & Staff Training Issue 2, 2015 Dialogue 21