Ontario appoints task force to review sexual abuse by health professionals

Marilou McPhedran and Roy McMurtry to co-chair review of decades-old legislation that allows some doctors found guilty of abuse to keep practising.

Chris Young / THE CANADIAN PRESS file photo 

Ontario’s health minister Dr. Eric Hoskins first announced a review of the Regulated Health Professions Act (RHPA) in October after a Star investigation into sexual abuse of patients by doctors. 

By: Sadiya Ansari Staff Reporter, Published on Tue Dec 16 2014

 

The province has launched a task force “to review and modernize” laws that deal with sexual abuse of patients by health professionals, following a Star investigation into doctors who continue to practise despite being found guilty of such misconduct.

“The Star (has) done a pretty remarkable job at highlighting just how important this issue is, but also that it is certainly appropriate that we revisit legislation that, quite frankly, hadn’t been reviewed in a couple of decades,” said Health Minister Dr. Eric Hoskins.

He first announced a review of the Regulated Health Professions Act (RHPA) in October.

Since September, the Star has revealed that the College of Physicians and Surgeons isn’t required to report potential criminal acts of sexual abuse to the police; that doctors found criminally responsible for assaulting patients and patient’s mothers have been able to continue to practise; and that 20 doctors currently have gender-based restrictions on their licence, in some cases after a finding of professional misconduct resulting from sexually abusing a patient.

The task force will look at:

The definition of sexual abuse, including which sexual acts should trigger automatic revocation of a health professional’s licence.

How a college can discipline a member found guilty of sexually abusing a patient, including whether gender-based restrictions are an appropriate disciplinary action.

Whether reporting sexual abuse of patients by health professionals to police should be mandatory for colleges.

Whether there is room for further public participation in college disciplinary processes.

How patients who have been sexually abused by health professionals can be supported to come forward.

This would be the third provincial task force to examine sexual abuse by health professionals since 1991, which raises questions about how effective it will be to conduct another one.

Political will and a razor-sharp mandate will make the difference, says Marilou McPhedran, who chaired the previous two task forces and will co-chair this latest one.

McPhedran has been a vocal critic of how the College of Physicians and Surgeons has used the discretion the government has granted it to deal with sexual abuse of patients by doctors.

During the first two task forces, she said, doubts were expressed about how much evidence there was on sexual abuse of patients and whether it was pervasive.

“I don’t think anyone is going to try that this time,” McPhedran, who characterizes the issue as “entrenched systemic exploitation.”

Other members of the task force include former Ontario chief justice Roy McMurtry, who will be a co-chair, and educator and nurse Sheila Macdonald. Along with McPhedran, they will provide a report and recommendations to the government this spring. The government will then decide which of the recommendations, if any, to enact.

McPhedran is regarded as the architect of Ontario’s “zero tolerance” stance on sexual abuse, which was included in the 1994 legislation.

Despite the official “zero tolerance” position, a Star investigation found several doctors have continued to practise after being found guilty of professional misconduct by the regulator as a result of sexually abusing patients outside the specific acts outlined by the legislation.

The law prescribes mandatory revocation of a licence when a health professional is found guilty of certain sexual acts with a patient. Those acts include sexual intercourse, oral-to-genital contact, genital-to-genital contact, genital-to-anal contact and masturbation.

Outside of those acts, the College of Physicians and Surgeons can exercise discretion on when to pull a licence. Critics, including McPhedran, have questioned the College’s use of this discretion, saying it could do more to protect patients.

The College announced a review of its own sexual abuse policies earlier this month.

“One of the hardest things is assisting people to come forward and protecting them through the process so they feel confident that they will have some benefit from it,” Dr. Carol Leet, president of the College, told the Star Tuesday.

The college’s review will also look at changes to the RHPA to potentially recommend to the province.

The provincial task force will be tapping all 23 regulatory colleges for input in forming their recommendations.

Medical malpractice lawyer Amani Oakley, who kept a close eye on the Star’s investigation, welcomes the review but says said patients should be represented on the panel.

“It’s always an area that is ignored,” said Oakley.

Hoskins said patients are a “vital” part of the review and is leaving it to the task force to decide how to manage patient input, while offering ministry support where needed.


Source: http://www.thestar.com/life/health_wellness/2014/12/16/task_force_appointed_to_review_sexual_abuse_by_health_professionals.html