Lying on Annual Reports Could Lead to Professional Misconduct
Health professionals are expected to renew their certificates of registration annually. When they do, the annual renewal form asks a series of questions that health professionals are required to answer truthfully and in good faith. Failing to do so can result in charges of professional misconduct and a suspension of their certificates of registration.
The Health Professions Procedural Code [1] requires members to report to the Registrar certain events and situations that are outlined in sections 85.1 to 85.6.4 (Reporting of Health Professionals). For example, members are required to report to the Registrar if the member has been found guilty of an offence [2] or if there has been a finding of professional negligence or malpractice made against the member [3].
In College of Physicians and Surgeons of Ontario v. Thomas [4], Dr. Thomas was previously charged with the dangerous operation of a motor vehicle. When he renewed his certificate of registration, the annual renewal form asked whether he had been charged with a criminal offense in Canada or elsewhere in the previous year [5]. Dr. Thomas answered negatively. Further, upon submitting his renewal, he acknowledged that he understood that providing false or misleading answers to the College may be found to be professional misconduct.
Dr. Thomas failed to report honestly and truthfully any information about his guilty offense. In fact, the College later independently obtained information about his offense. At his discipline hearing, Dr. Thomas pleaded guilty and received a 5-month suspension of his certificate of registration. He also received a reprimand and was required to complete instructions on ethics and pay $6,000 to the College. He was found guilty of professional misconduct in that he engaged in an act or omission relevant to the practice of medicine that would reasonably be considered disgraceful, dishonourable or unprofessional conduct [6].
In a similar case, College of Physicians and Surgeons of Ontario v. Mulji [7], Dr. Mulji was convicted of assault and uttering death threats to his wife. He lied about his criminal past on multiple reports when renewing his registration and, in particular, his arrest, the charges, and bail conditions. When asked if there were additional charges or conditions placed on him, he answered “no”. The College subsequently learned of Dr. Mulji’s criminal charges, which resulted in him receiving an 8-month suspension and a reprimand. He was also required to pay costs in the amount of $6,000 to the College and undergo an ethics course for lying about his arrest and the criminal charges on his annual renewal form. His failure to report several of his charges and conditions meant that the College was unaware and unable to post about his charges and conditions on the public registry, as it is required to do.
The Colleges have a mandate to protect the public. Registrants and members are expected to answer questions honestly and to self-report any charges or convictions so that the College can determine the regulatory action it needs to take and so that it can update its public registry to inform the public. The Colleges and the public rely on members to be honest with their answers and to make necessary reports to the College. When professional members do not comply with these obligations, public protection and public confidence in the profession suffer. Even more, failing to self-report when required or to answer questions truthfully and in good faith is relevant to a member’s governability and willingness to participate in a self-regulated profession.
Health professionals are expected to know their obligations in terms of when to file a mandatory written report, when to self-report and how to answer certificate renewal questions truthfully and honestly. Members may be found guilty of professional misconduct and required to undergo a suspension and pay costs if they are not truthful in their self-reports. If you need assistance filing a report, self-reporting or understanding your obligations in filing the report, please contact us for legal assistance.
[1] Schedule 2 to the Regulated Heath Professions Act, SO 1991, c 18, s 85.6.
[2] Section 85.6.1.
[3] Section 85.6.2
[4] 2024 ONPSDT 8.
[5] This includes all offences under the Criminal Code of Canada, the Controlled Drugs and Substances Act, the Food and Drugs Act or the Health Insurance Act. It also includes “related legislation in any Province or jurisdiction and any other offences related to the practice of medicine”.
[6] O. Reg. 856/93 of the Medicine Act, 1991, SO 1991, c 30.
[7] 2024 ONPSDT 20.