A former member of the College of Chiropractors of Ontario (“CCO”) whose license was revoked as a result of a decision rendered by the Discipline Committee can seek reinstatement from the College in order to have their license reinstated.
Timing of Request for Reinstatement
The first step in the reinstatement process involves writing to the Registrar for reinstatement of the chiropractor’s certificate.
The timing depends on the nature of the misconduct that led to the revocation. In cases where the revocation resulted from certain findings of sexual abuse of a patient, the revoked registrant can only apply for reinstatement after five years. Where the revocation involved any other misconduct, the revoked registrant can apply for reinstatement after one year.
Hearing Before the CCO Discipline Committee
Once the Registrar receives the application, a panel of the CCO Discipline Committee considers the application in a formal hearing.
Unlike other proceedings before the Discipline Committee, where the burden of proof lies with the College, the onus is on the former chiropractor. The former chiropractor must present evidence to convince the Discipline Committee that the original reasons for the revocation have been appropriately addressed. The former chiropractor must explain why they should be allowed to return to the profession.
Typically, the Discipline Committee wants evidence that indicates that the individual is governable and understands the significance of their past conduct. They will also want evidence that suggests the past conduct is unlikely to recur if the former registrant is reinstated.
The Discipline Committee will not allow arguments as to why the previous order revoking the member’s certificate was wrong.
The College may either support or oppose the application before the Discipline Committee.
Possible Outcomes at the CCO Discipline Committee
After hearing the evidence and submissions, the CCO Discipline Committee issues its decision and reasons. The Discipline Committee may either refuse the request for reinstatement or direct the Registrar to issue a new certificate. The Discipline Committee can also order the Registrar to impose terms, conditions, or limitations on the registrant’s certificate. For example, this can include the completion of specific courses to ensure that the chiropractor is up to date in their knowledge of current standards of practice.
Unlike other disciplinary proceedings, a chiropractor seeking reinstatement has no right to appeal to the Divisional Court. However, the applicant can reapply for reinstatement six months after a decision to deny their application.
NOTE: A blog post is never a substitute for legal advice tailored to your situation. Wise Health Law represents chiropractors in a variety of proceedings, including reinstatement hearings. We have a proven track record of success and can assist and represent you in seeking to return to the profession you love.
To learn more about Wise Health Law and our services, please contact us!
