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College advances further proposals
Discretion to share relevant information about non-members with police among requests in government submission
In its submission to government , the College will take advantage of the opening of the Regulated Health Professionals Act ( RHPA ) – an infrequent occurrence – to advance two new proposals and several proposals that it has previously requested , but are not currently reflected in Bill 87 .
CPSO ’ s Proposals ( Previously Requested )
• Give the College the discretion to provide information to police about non-members . Currently , the College can only provide information to police about members . Giving the College discretion to share relevant information would allow the College to provide information about non-members in appropriate circumstances where it is in the public interest to do so .
• Increase the threshold for when third party records are ordered to be produced and guarantee standing to patient / complainant on motions to disclose confidential records . One of the most invasive aspects of a discipline hearing for patients / complainants is the ability of the physician to access and then reveal publicly at a hearing details of their private medical records , which can include extremely confidential information . This amendment would incorporate a specific elevated threshold for the production and disclosure of confidential records in discipline proceedings and require that a patient / complainant whose records are the subject of such a motion , automatically be granted full standing on the motion if requested .
Bill 87
• Better support public members of Council and better protect the public interest and enhance regulatory processes . The College will seek an amendment to allow non-Council public members to be included in the quorum for the Inquiries , Complaints and Reports Committee and the Discipline Committee . An amendment will also be sought to remove barriers in the legislation that prevent colleges from compensating public Council members for their work . The College believes that the current government compensation for the work that public members do is inadequate .
New Proposals
• Amend confidentiality provisions to enable the College to share non-nominal data for research / public health . This amendment would facilitate the research work the College is doing and reduce the risk associated with a complaint about the way in which the College uses its data .
• Amend the RHPA to exclude College proceedings from the requirement in the Mental Health Act which require either patient consent or a court order to enter evidence relating to care of a patient in a psychiatric facility . The public interest in being able to review a physician ’ s provision of psychiatric care is significant and this requirement impedes its ability to do so . It seems the purpose of this section of the Mental Health Act is to protect the confidentiality interests of patients , which the College already does in its proceedings . MD
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Dialogue Issue 1 , 2017