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Mandatory Revocation Provisions and Treatment of Spouses by Health Care Professionals

The Minister's Question

The Minister of Health and Long-Term Care, Hon. Deb. Matthews, has asked HPRAC to advise on the issue of mandatory revocation provisions and treatment of spouses by health care professionals. The Minister stated that "the RHPA provisions relating to sexual abuse were designed to encourage the reporting of such abuse and ultimately, to eradicate the sexual abuse of patients by members of the regulated health professions, It is my view that the health regulatory Colleges have done in the past and will continue to do, now and in the future, an exemplary job in monitoring their members, following up on reports and fully investigating and enforcing the law respecting the sexual abuse of patients by members".

In addition, the Minister noted that "my request relating to the sexual abuse provisions focuses solely on one issue, as follows. The issue is whether or not, in your view, alternatives to the mandatory revocation provisions should exist in the Act respecting the treatment of a spouse by a regulated health professional. Your analysis on this single issue should include an evaluation of the risk of harm that alternatives, if any, may pose, and whether such alternatives, if any, best serve the public interest".

The Minister further stated that "I am asking for HPRAC's advice only within the context of treatment provided by a regulated health professional to his or her spouse, and only in relation to the mandatory revocation provisions. A spouse in this context is a person with whom the regulated health professional is married, or with whom the regulated health professional is living in a conjugal relationship outside marriage. I must emphasize to you that the government's position on zero tolerance for sexual abuse has not changed and I am not requesting advice related to these provisions generally. Consequently, I would ask that you limit your advice and comments only to the issue set out above".

The Minister has stated that she requires HPRAC's advice on this issue by June 1, 2012. 

Note: For a brief overview of the context surrounding the Minister's referral to HPRAC on Mandatory Revocation Provisions and Treatment of Spouses by Regulated Health Professionals, please click here.

HPRAC's Approach

When a referral is received from the Minister of Health and Long-Term Care, HPRAC determines relevant public interest concerns and questions. HPRAC attempts to understand all perspectives on an issue including those of key health care practitioners, other affected health care professionals, clients and patients, advocates and regulators.  Each issue proceeds through a multi-stage process where information and responses are requested from and shared with stakeholders. HPRAC will conduct literature, jurisdictional and jurisprudence reviews, and engage in key informant interviews.  Its analysis of the issues will lead to a determination of additional information required, and the appropriate process to be used. 

Timelines

The following table includes the currently anticipated timeline for this referral:

Please note that these are tentative timelines and may be changed without prior notice.

HPRAC Research on the Issue of Mandatory Revocation Provisions and Treatment of Spouses by Regulated Health Professionals

To inform the recommendation-making process, HPRAC has produced research reviews on the issue of mandatory revocation provisions and treatment of spouses by regulated health professionals, including:

• Literature Review
• Jurisdictional Review
• Jurisprudence Review
• Backgrounder

HPRAC encourages you to review these documents to familiarize with the issues and concerns related to mandatory revocation provisions and treatment of spouses by regulated health professionals.

 The consultation period is now complete.

Stakeholder Feedback Received by HPRAC

To ensure transparency, the stakeholder comments HPRAC receives are posted according to access to information guidelines (for guidelines, visit http://www.hprac.org/en/privacy.asp). HPRAC has received feedback on the issue of mandatory revocation provisions and treatment of spouses by regulated health professionals from the following organizations and individuals.

If you wish to comment on any of these submissions, please send them to HPRACSubmissions@ontario.ca. The deadline for submissions is Tuesday January 31^st, 2012.

Submissions Received (Online and Feedback Forms)

1) Responses from Individuals (as of January 18, 2012)

2) Responses from Organizations (as of January 18, 2012)

• Organizations1
• Organizations2

Summaries of Consultation Meeting:

• Thunder Bay

• Ottawa

• London

• Sudbury

• Toronto

• Hamilton

• Toronto2

• Kingston

Upon conclusion of consultations, HPRAC will carefully consider all evidence gathered to develop recommendations. HPRAC will submit its recommendations on the issue of mandatory revocation provisions and treatment of spouses by regulated health care professionals in a report to the Minister of Health and Long-Term Care for consideration. All HPRAC reports to the Minister remain confidential until released by the Minister. Please note that, as per the RHPA, HPRAC recommendations are advisory only. The minister is not bound to accept HPRAC's advice.  The release of an HPRAC report and any follow-up action are at the discretion of the Minister. Should the Minister choose to accept HPRAC's advice, the Ministry of Health and Long-Term Care is responsible for implementation of HPRAC recommendations.

HPRAC is expected to submit its recommendations to the Minister by June 01, 2012.

Watch this site for updates and announcements. You may also get the latest updates and announcements by following HPRAC on Twitter at: http://twitter.com/HPRACOntario.