Being the subject of a professional misconduct complaint is one of the most stressful events in a health professional’s career. The potential consequences of a finding of misconduct or incompetence are significant and can include a reprimand, fine, conditions and limitations on your practice, or a suspension or revocation of your license.
If you are facing a complaint or disciplinary proceeding, it is strongly advised that you seek assistance from experienced legal counsel who has a thorough understanding of your regulatory College, its mandate, and its specific practices. The lawyers at Wise Health Law have extensive experience representing regulated health professionals at disciplinary proceedings before their respective regulatory Colleges, as well as during any investigations that may take place before such proceedings. We provide knowledgeable advice and skilled representation throughout the investigation and discipline process. We understand the serious consequences of a finding of misconduct or incompetence against a health professional and work hard to help our clients understand their rights, risks, and options and achieve the best solution possible.
Health professions in Ontario are regulated pursuant to the Regulated Health Professions Act (RHPA), each through their own governing Act and related regulatory College.
Each regulatory College is responsible for the practice of a specific health profession and for developing, maintaining, and enforcing qualification requirements, standards of professional practice, ethics, and professional duties of its members.
The RHPA outlines how each College is to regulate health professionals, including how the College is to deal with complaints against those professionals.
Health professionals facing an investigation or more formal proceeding by their College may be unaware that the primary mandate of their College is to regulate in the public’s, not the professional’s, interest. Retaining knowledgeable and experienced counsel at the earliest opportunity is well-advised to assist health professionals in understanding the process.
Each regulatory College has a mandate to protect the public.
Colleges will look into issues or concerns about a regulated health professional that are brought to their attention, and that health professional may subsequently be subject to an investigation. Such investigations are serious and may have significant consequences.
At Wise Health Law, we help regulated health professionals draft a response to any complaints made against them, and help guide them through the complaints and investigation process. In some instances, a well-drafted response can avoid the referral of a matter to a further disciplinary process, or can help strengthen the health professionals’ position in that process.
We can assist clients with:
In some circumstances, following an investigation, a member is referred to the Discipline Committee of the regulatory College. A College discipline proceeding is a formal proceeding, generally conducted much like a trial. The College and the member are each represented by legal counsel. The College provides disclosure of all information, documents, and materials relevant to the allegations. Evidence is presented under oath, and any witnesses can be examined and cross-examined. At the end of the proceedings, a written decision will be issued and can be appealed to the Divisional Court, depending on the circumstances.
At Wise Health Law, we rely on our significant experience before discipline panels of various regulatory Colleges to provide our clients with exceptional guidance and representation through the often-overwhelming discipline process.
If you are a regulated health professional facing a complaint, investigation, or disciplinary hearing at your College, contact the trusted and respected health lawyers at Wise Health Law. We will help you understand your rights, risks, and options, guide you through the process, and skillfully represent you at the proceedings. With an office located in Oakville, Ontario we are easily accessible. Contact us online, or at 416-915-4234 for a consultation.