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While Council is supportive of consistency of investigative processes where possible , it also wants to ensure that the College retains the ability to employ best practices in our investigations
declined to have their name included in a mandatory report from accessing funding for therapy .
Definition of Patient for the Purposes of Sexual Abuse
Council believes that the definition of “ patient ” as proposed in the Bill , and specifically the one-year time period included in the definition , poses a number of challenges . The wording of the current provision makes it impossible to apply the definition . It defines the doctor-patient relationship for matters of sexual abuse in terms of individuals who have been ‘ patients within the last year ’ but does not specify when the one-year period begins .
Additionally , the definition implies that once one year from an undefined event has elapsed , individuals will no longer be considered patients . This would permit physicians to engage in a sexual relationship with such individuals . This may not always be appropriate . For instance , in some physicianpatient relationships where the contact has been enduring ( as in psychotherapy ), it may never be appropriate for a physician to form a sexual relationship with a former patient . Limiting the definition to sexual abuse matters poses significant challenges in instances where there are blended allegations ( sexual and non-sexual ), or where it is difficult to determine if the conduct was sexual , and it is
Bill 87 not clear whether the conduct occurred before or after termination .
Regulation-Making Power : Investigative and Discipline Processes
The Bill grants the Minister the power to develop regulations to “ clarify ” how the ICRC and Discipline Committee are to perform their functions with respect to matters involving allegations of a member ’ s misconduct of a sexual nature , and by providing for further functions and duties of these committees . While Council is supportive of consistency of investigative processes where possible , it also wants to ensure that the College retains the ability to employ best practices in its investigations . Council believes the best approach in ensuring consistency is to do so by policy as opposed to regulation . If changes need to be made to our processes , and the processes are set out in regulation , it will be difficult to make changes that allow us to respond to needs and circumstances as they arise . Further , the provision only relates to sexual abuse investigations . In doing so , the provision assumes that sexual abuse matters are always clearly distinguishable from other misconduct issues at the investigation stage . That assumption does not accord with the College ’ s experience . MD
We have posted our submission to the government on Bill 87 at cpso . on . ca .
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Dialogue Issue 1 , 2017