Sexual abuse initiative
Council directed that the College seek changes to the Code to incorporate
a specific elevated threshold for the production and disclosure of
confidential records in College discipline proceedings
RHPA
Provisions
against sexual misconduct while allowing the
Amend Code to require colleges to file periDiscipline Committee the flexibility to specify
odic reports with the Minister of Health on
a period of time shorter than five years for an apsexual abuse
plication after a finding of sexual misconduct seen to
In order to demonstrate our ongoing commitment to
be less serious.
ensuring best practices with respect to issues related
to sexual abuse, Council has directed that the ColAmend Code to increase threshold and guarlege ask for amendments to the Code requiring all
antee standing for patient/complainant on
regulated health colleges to report to the Minister on
motions for disclosure of victim’s confidential
a periodic basis on certain specified questions related
records (“third party records motions”)
to sexual abuse.
One of the most invasive aspects of a discipline hearing
It is expected that the College would also post such
for complainants is the ability of the physician to access
reports publicly. This would help ensure transparency
and then reveal publicly at a hearing details of their
and consistency on an important issue for the pubprivate medical records, which can include psychiatric
lic and the College. It could also help drive process
records, records of therapy sessions, and other records
improvements in the future and help demonstrate that
with extremely confidential information. There is case
the College is maintaining its focus on this key area of
law setting out the circumstances in which the physiits mandate.
cian is entitled to such records; however, the current
application of the legal test results in frequent disclosure
Give College greater discretion to provide inforof arguably irrelevant records of a highly sensitive and
mation to police
personal nature.
Under s. 36 of the Regulated Health Professions Act,
Council directed that the College seek changes to
the College can only provide information to police
the Code to incorporate a specific elevated threshold
about members. Council directed that the College
for the production and disclosure of confidential reseek an amendment that would allow us to provide
cords in College discipline proceedings, and to require
information to the police about persons other than
that a patient/complainant whose records are the
doctors where that would be in the public interest.
subject of such a motion automatically be granted full
standing on the motion, if requested.
Expand circumstances in which victims have
clear right to file victim impact statements
Council directed that the College ask the government
to extend the requirement for a panel to consider a
“victim impact statement” for sexual impropriety in
addition to sexual abuse. We believe this will improve
the hearing process and experience for victims of sexual
abuse.
Work in Progress: Work related to the review and analysis of opportunities for legislative change will continue
over the coming months. The issues that Council will
consider going forward include the following: whether
to seek to include in legislation specified criteria for
reinstatement applications; and legislative amendments
to the funding for therapy and counselling program
administered by the Patient Relations Committee.
Issue 2, 2015 Dialogue
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