Revocation will convey to the public and the profession that a member who engages in such exploitation will not be tolerated…The practice of medicine is a privilege, not a right.In this case, the patients were both vulnerable women with chronic conditions who had depended on the physician for treatment. Patient A had testified that she had been confused following the doctor’s remarks, and that, afterward, she “dreaded every encounter and appointment”. The patient that she had been concerned about coming forward with her allegations for fear that other doctors would think she was a “troublemaker” and would refuse to treat her. The College ultimately argued in favour of revocation of the physician’s license and sought to have him post a letter of credit for $32,000 to cover therapy costs for the two patients and $25,000 in costs for the discipline hearings.
The Divisional Court recently held . . . that the committee’s prior penalty ranges in cases of physician sexual abuse are out of step with present day society’s values and expectations…The committee recognizes that changing societal values speak to a need for more serious penalties in cases such as this one.In addition to revoking the license, the committee also ordered the physician to pay the $32,000 in therapy costs and $25,000 in costs for the proceedings, stating:
The committee hopes that its order in this case will send a clear message to other victims of sexual abuse by physicians that reporting such behaviour is encouraged and will be taken seriouslyAt Wise Health Law, we have extensive experience navigating through the medical, regulatory, and legal worlds and have significant experience and expertise assisting physicians and other health professionals in the civil and regulatory contexts, including in appeals and judicial reviews. Contact us for forward-thinking and expert advice about health law and regulatory matters. For the convenience of our clients, we have offices in both Toronto and Oakville, Ontario, and are easily accessible. Contact us online, or at 416-915-4234 for a consultation.
The Chief Medical Officer of Health for Ontario has issued an updated Directive #2 (dated May 26, 2020) for Regulated Health Professionals in the province.
Pursuant to the updated Directive #2, all deferred non-essential and elective services by health care providers may be gradually restarted – subject to the rest of the requirements set out in the Directive.
The updated Directive #2 does not provide particularly detailed guidance to health professionals on how to proceed, likely because it applies to such a broad spectrum of health care and health professionals. It does, however, provide some principles to assist health care providers in making decisions as we enter this transitional period.
In addition to the mask and hand sanitizer shortages, Ontario’s response to COVID-19 highlights the need for more frontline health care workers. Each regulated health profession’s college responded differently, and we have discussed some of those changes in other posts to keep you apprised.
Today, we focus on the College of Physicians and Surgeons of Ontario (CPSO), who set out to increase the number of available and licenced physicians out on the frontlines through certificates of registration that authorize supervised practice of short duration. The temporary licences authorize practice for 30 days.
Undoubtedly, COVID-19 has affected how health professionals practice. Pharmacists across the country are not only experiencing changes in how they practice (for example, accepting emailed prescriptions, where appropriate) but the scope of their practice as well. The latter change is not permanent, although the disruptions in practice may be felt long after the COVID-19 emergency subsides.
On March 19, 2020, Health Canada issued a short-term section 56(1) exemption under the Controlled Drugs and Substances Act (CDSA) that would authorize pharmacists to prescribe, sell, or provide controlled substances in limited circumstances, or transfer prescriptions for controlled substances (the CDSA Exemption).