Preventing and Addressing Sexual Abuse of Patients April 2015 | Page 21

CONTINUALLY TAKING STEPS TO PROTECT THE PUBLIC In keeping with the College’s mandate to protect the public, we continue to take steps to protect patients and the public from sexual abuse by physicians: •  he College successfully argued in the Court of Appeal that the mandatory revocation provisions in T the RHPA were constitutional in Mussani v. College of Physicians and Surgeons of Ontario (December 29, 2004). •  n 2012, the College voiced its disagreement with HPRAC’s recommendation to the Minister of Health I and Long-Term Care that the treatment of spouses should be expressly exempted in the sexual abuse provisions of the RHPA. The College argued that this change would deny the inherent and undeniable power imbalance between patients and their physicians. Over the College’s objection, the provincial government passed amendments to the legislation that allow regulatory health colleges, by Council vote, to determine if a limited spousal exception to the mandatory sexual abuse provisions is appropriate for the members of the health profession governed by that college. The College of Physicians and Surgeons of Ontario did not opt in and accordingly, the limited spousal exception does not apply to physicians in Ontario. •  he College’s Discipline Committee has exercised its discretion to revoke physicians’ certificates of T registration in sexual misconduct cases where the acts proven did not meet the criteria for mandatory revocation, but the Committee felt revocation would most effectively protect patients. •  he College has successfully opposed reinstatement applications brought by physicians who had their T certificates of registration revoked for sexual abuse, where it was believed those physicians continued to pose a risk to the public. The College maintains a strong stance in opposition to sexual abuse by physicians and in support of victims of sexual abuse. We believe our foremost responsibility when dealing with sexual abuse by physicians is to protect victims. As such, we have launched a new initiative focused on physician sexual abuse. We are actively considering how we can continue to improve our processes and activities, including: Measures taken by the CPSO 21