Public push for cautions to be published
TORONTO |
Cautions against doctors could become public knowledge as public
pressure mounts on regulatory bodies to publish warnings and other
transgressions against health workers.
“If colleges wanted to make cautions public they can do so without a regulatory change.”
While
the colleges publish results of their disciplinary cases, there has
been much debate recently about patients being left out of the loop on
warnings.
The Toronto Star found that 2,000 warnings were kept secret
from 2007 to 2011, and some of those warnings dealt with serious
problems.
After a recent meeting with the Federation of Health
Regulatory Colleges, a spokesperson for health minister Deb Matthews
told the Star “if colleges wanted to make cautions public they can do so
without a regulatory change.”
Still, colleges would not have to wait
for changes to the provincial Regulated Health Professionals Act, since
a new bylaw could be passed by colleges—one that needs to be “carefully
considered.”
In an email to the Medical Post, the College of Ontario
Physicians and Surgeons is currently weighing changes through a
“transparency program” this year.
Spokesperson Kathryn Clarke said
opening up the process “will be considered by council at regular
intervals throughout the year.”
But she added that transparency must be balanced, especially when there is no finding of wrongdoing.
“The
courts have repeatedly said that the colleges’ Inquiries, Complaints
and Reports Committee (ICRC) is not permitted to make a finding of
wrongdoing.”
When a physician in Ontario comes before the
Discipline Committee, it is important to realize that it is only a
Tribunal, not a Court. Unlike a Court, members of a Tribunal can be and
are hired and fired by the Government or the College of Physicians and
Surgeons of Ontario at will. Tribunal members lack the security of
tenure that secures the independence of Judges. For many Discipline
Committee members, the job is a “retirement fund” and it is in the
Tribunal members’ interest to please their Masters by following the
party line, whatever it may be for that particular week.
source: Kathryn Clarke - CPSO Spokeswoman (416) 967-2600 ext. 378 kclarke@cpso.on.ca
http://badpatients.wordpress.com/2013/01/15/public-push-for-cautions-to-be-published/
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