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assist with this work and this College has expressed its willingness to work with an expert advisor .
b ) Mandatory Revocation Bill 87 expands the list of acts of sexual abuse specified in the Code that will result in mandatory revocation . The added acts include : touching of the patient ’ s genitals , anus , breasts or buttocks ( subject to the clinically appropriate exception ). These acts will be subject to the corresponding inability to apply for reinstatement for at least five years . The Bill specifies that mandatory revocation will be imposed in an additional instance : where a member has been found guilty of professional misconduct by a health profession regulator outside of Ontario and the professional misconduct relates to a sexual act that has been specified as resulting in mandatory revocation . The Bill contains provisions that would enable the list of acts resulting in mandatory revocation to be augmented in the future through regulation . If enacted , the Bill would enable the Minister to make regulations , o Specifying further acts of sexual abuse that will result in mandatory revocation . o Designating certain offences ( e . g ., sexual assault or others ) as also resulting in mandatory revocation .
c ) Definition of Patient for the Purposes of Sexual Abuse While “ sexual abuse ” of a patient is currently defined in the Code , the meaning of “ patient ” is not . Bill 87 proposes to define as “ patient ”, in relation to an act of sexual abuse , any individual who was treated by the health-care practitioner within the last year . Health regulatory colleges will be authorized to make a regulation that would make the period longer than one year . This amendment is intended to provide a time period during which sexual contact between a regulated health professional and a former patient would constitute sexual abuse . The Bill also provides the Minister with the authority to make regulations establishing additional criteria that would be used to determine who is a patient for the purposes of the sexual abuse provisions of the Code .
d ) Orders in Sexual Abuse Cases The Bill includes a provision that would prevent a panel of the Discipline Committee of colleges from ordering gender-based restrictions . These restrictions have been
Bill 87 used to prevent the physician from treating patients of a particular gender or only being allowed to treat patients of a particular gender in the presence of a chaperone . This provision would prevent gender-based restrictions from being made in all cases , including sexual abuse cases . Provisions in the Bill also specify that when a panel of the Discipline Committee makes a finding of sexual abuse that requires mandatory revocation and the penalty portion of the hearing is deferred , the panel must immediately suspend the member ’ s certificate of registration until the mandatory revocation is ordered . The Bill further specifies that where a finding of sexual abuse is made and mandatory revocation is not ordered , there must be at least some suspension ordered .
The Bill strengthens the authority for panels of the Inquiries , Complaints and Reports Committee to impose interim orders ( including suspensions ) prior to a referral to discipline under certain conditions . Interim orders cannot include gender-based restrictions .
e ) Patient Relations Program Changes have been proposed to the funding for therapy and counselling program , which forms part of the Patient Relations Program , administered by colleges .
The Bill repeals specific criterion for eligibility and instead states that funding will be available to an individual who makes a complaint or is the subject of a mandatory report alleging sexual abuse .
The Bill includes new regulation-making authority for the Minister . This authority would enable the Minister to expand the types of expenses for which funding must be provided . Currently , funding can only be used to cover the costs of therapy or counselling . Through regulation , the Minister could enable funding to be used for related expenses such as costs of medication , or child care , should that be required for the individual to access therapy .
f ) Mandatory Reports for Sexual Abuse The Bill includes amendments that would increase fines for those who have failed to make a mandatory report regarding sexual abuse . The maximum fine on a first offence for an individual who fails to make a mandatory report relating to sexual abuse will be doubled to $ 50,000 . For corporations , it will be quadrupled to $ 200,000 . MD
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Dialogue Issue 1 , 2017