CPSO Amends Policy on Sharing Information with the Police

Among the many actions taken at the September meeting of Council of the College of Physicians and Surgeons of Ontario ("CPSO") was the approval of an internal policy that sets out the circumstances in which the CPSO may exercise its discretion to share information with the police. Section 36 of the Regulated Health Professions Act, 1991 (“RHPA”) permits, but does not require, that the CPSO provide information to the police about a physician “to aid an investigation undertaken with a view to a law enforcement proceeding or from which a law enforcement proceeding is likely to result.”  The legislation is clear that the CPSO is not permitted to provide information to the police with respect to a patient, only information about the physician.

Previously, the CPSO has used this discretionary power to provide information about physicians to the police upon request, but it rarely initiated a report to the police on its own accord. Under the new policy, there are certain circumstances in which College staff will proactively advise the police of criminal physician behaviour, even in the absence of consent from any involved patient.

Specifically, the policy provides that upon receiving information that a physician may have committed a criminal act (including but not limited to crimes of a sexual nature), and if the person who disclosed that information would be a potential complainant in a criminal investigation, the CPSO will:

(1) suggest to the individual who provided that information that he/she may wish to contact the police to file a report;

(2) offer to assist that individual in filing a report; and

(3) advise the individual that the CPSO may initiate a report to the police if there are reasonable grounds to believe that a physician has committed a criminal act(s) and patients or the public may be harmed.Steps 1 and 2 are not new, but the initiation of the report as set out in step 3 is likely a departure from the CPSO’s past practices.

An internal protocol will be developed to determine who makes the final decision to make a report and upon what basis.  According to the policy, a report will include the physician’s name and mailing address, as well as a summary of the relevant allegations or documents (which will be redacted for confidentiality). Any information with respect to a person other than the physician must be redacted, including particularly the name of the complainant, unless the complainant consents to the inclusion of his/her name.  Furthermore, upon release of Discipline Committee decisions to the public, all decisions that raise concern that a physician may have committed a criminal act will be reported to the police by forwarding them a copy of the decision.

Health professionals facing regulatory proceedings involving conduct that could potentially be considered to be a criminal act should appreciate, therefore, that there is now an increased likelihood that a police investigation and possibly criminal proceedings will follow the initiation of College proceedings. Consulting with counsel at the earliest opportunity is therefore crucial.

Please contact us for assistance or further information.