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The province has launched a task force “to review and modernize” the laws that deal with sexual abuse of patients by health professionals.
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.
The task force will look at:
- The definition of sexual abuse.
- How a college can discipline a member found guilty of sexually abusing a patient.
- Mandatory reporting requirements of sexual abuse of patients by health professionals.
- 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.
Members of the task force tackling these issues include human rights lawyer Marilou McPhedran, former Ontario chief justice Roy McMurtry and educator and nurse Sheila Macdonald.
McPhedran, who will be co-chairing the task force along with McMurtry, has extensive experience studying the issue as chair of two previous provincial task forces on the same subject. She is regarded as the architect of Ontario’s “zero tolerance” stance on sexual abuse, which was included in the 1994 legislation.
Despite this “zero tolerance” stance, a Star investigation found several doctors have continued to practise after being found guilty of professional misconduct as a result of sexually abusing patients outside 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 has discretion to pull a licence but isn’t required to. Critics have said the College hasn’t always fully exercised this discretion in a manner that fully protects patients.
A Star analysis in October of the College’s public register showed that of 296 physicians who faced allegations or have already been disciplined for professional misconduct, incompetence or incapacity, 20 have gender-based restrictions on practising.
The College announced a review of their own sexual abuse policies earlier this month. College president Dr. Carol Leet said it hopes to assist the province’s review of the RHPA.
The College’s review will include:
- Whether there should be harsher penalties for sex abuse findings that don’t trigger a mandatory licence revocation.
- Whether gender-based restrictions, such as being able to treat only male patients or see female patients with a chaperone, are appropriate.
- Whether the college should automatically report sexual abuse complaints to the police.