The College is
responsible to receive and investigate complaints that a physician has
acted unprofessionally or lacks skill and knowledge. The College will
gather information to assist it in determining how to deal with a
complaint against a physician.
The options available to the College include:
1. Appointing a preliminary inquiry committee to investigate a complaint of unprofessional conduct. The preliminary inquiry committee will prepare a report which the Council will consider when it decides whether to charge the physician with unprofessional conduct;
2. Appointing a competency committee to investigate whether a physician may lack skill and knowledge. The competency committee will prepare a report which the Council will consider when it decides whether to order a hearing to determine whether the physician lacks skill and knowledge;
3. Dismiss a complaint, either on the basis that there is insufficient information to justify an investigation or that it is not in the public interest to investigate the complaint further;
4. Reach an agreement with the physician as an alternative to formal discipline or competency procedures.
The Medical Profession Act, 1981 establishes most of the requirements for investigations of unprofessional conduct or lack of skill and knowledge.
Disciplinary Actions
When the College receives information that a physician may have acted
unprofessionally, it is required to investigate the allegation.
Occasionally the allegations and the information in support of the
allegations are sufficiently clear that the complaint can result in a
charge of unprofessional conduct without an investigation by a
preliminary inquiry committee. Occasionally the nature of the allegation
is such that it can be resolved by less formal action, such as by the
physician apologizing for the conduct.
Most of the complaints can only be addressed by reviewing all of the
available information, including the physician’s response, and
presenting that information to the Executive Committee (a sub-committee
of the Council) for the Executive Committee to decide whether the
information provides reasonable grounds to believe that the physician
may be guilty of unprofessional conduct. That is the requirement for the
appointment of a preliminary inquiry committee set out in The Medical Profession Act, 1981.
There is often a considerable amount of information considered by the
Executive Committee. Appointing a preliminary inquiry committee is a
serious matter as it can affect a physician’s reputation. Dismissing a
complaint without an investigation by a preliminary inquiry committee is
also a serious matter as it means that the complaint will be dismissed
without the formal investigation and report to the Council that occurs
when a preliminary inquiry committee investigation is ordered.
Competency Actions
The College occasionally receives information expressing concern that
physicians lack the skill and knowledge to practise medicine.
Such concerns usually are addressed by reviewing all of the available
information, including the physician’s response, and presenting that
information to the Executive Committee (a sub-committee of the Council)
for the Executive Committee to decide whether the information provides
reasonable grounds to believe that the physician may lack skill and
knowledge. That is the requirement for the appointment of a competency
committee set out in The Medical Profession Act, 1981.
In some cases physicians will voluntarily cease practising in the
practise area that is identified as a subject of concern. That can
result in the physician obtaining remediation to ensure that their
skills and knowledge meet the expected standard.
If the Executive Committee concludes there are reasonable grounds to
believe that the physician may lack skill and knowledge, the committee
will appoint a competency committee consisting of the physician’s peers
to conduct an assessment to determine if the physician lacks skill and
knowledge. That assessment can occur in the physician’s entire practice
area, or only in a limited area of concern.