Proposed Changes to the Public Register – Phase 2 (By-law No 3)
The College is currently seeking feedback on additional proposed amendments to its By-law No. 3. The amendments relate to the type of information that the College makes available on its public register about pharmacists and pharmacy technicians. Some of this information is related to the work of our Inquiries, Complaints and Reports Committee (ICRC), and some is information that is generated through other processes (criminal charges for example) or regulatory authorities (findings in other jurisdictions).
The amendments, if passed, would result in the following changes to the College’s public register:
1. Posting known criminal charges (if relevant)
The College would post a summary of any federal or provincial charges against a member if the College knows about them, and the Registrar believes that they are relevant to the member’s suitability to practise.
2. Disclosing members under investigation
The Registrar would confirm that the College is investigating a member if there is a compelling public interest reason to do so pursuant to 36(1)(g) of the Regulated Health Professions Act.
3. Posting of complaint outcomes: Cautions
The College would disclose when a panel of the Inquiries, Complaints and Reports Committee (ICRC) cautions a member as a result of a complaint. A caution would be issued by the ICRC when there is a significant concern about a member’s conduct or practice that can have a direct impact on patient care, safety or the public interest if it is not addressed. Cautions require the member to meet with the ICRC in person for a face-to-face discussion concerning the member’s practice and the changes they have planned that will help avoid a similar incident from occurring in the future. The College would post a summary and date of the caution on the public register. This would apply to complaints filed after April 1, 2015.
4. Posting of complaint outcomes: SCERPs
The College would disclose when a panel of the ICRC requires a member to complete a specified continuing education or remediation program (SCERP) as a result of a complaint. A SCERP would be ordered when a serious care or conduct concern requiring a pharmacist or pharmacy technician to upgrade his or her skills has been identified. The ICRC orders SCERPs only when they believe that remediation is necessary. The College would post a summary of the required program and its date on the public register. This would apply to complaints filed after April 1, 2015.
5. Posting of applications for reinstatement
The College would disclose if the Registrar has referred an applicant for reinstatement to the Discipline Committee.
6. Posting of known licenses in other jurisdictions
The College would disclose whether a member is currently registered or licensed to practice the profession in another jurisdiction, if known.
7. Posting of complaint outcomes: Summary of variation
The College would disclose when a panel of the ICRC was required, after a review, to remove or vary an original outcome of a caution or SCERP. This would include posting the process leading up to the review.
The proposed amendments to College By-law No. 3 are coming as a result of the College’s work with other health regulators in considering making additional information about Ontario’s regulated healthcare professionals available to the public.
Representatives from medicine, nursing, dentistry, optometry, pharmacy and physiotherapy are working together on a multi-staged initiative designed to examine information-sharing practices and make more member-speciﬁc information regarding decisions and processes available to the public.
The proposed amendments to College By-law No. 3 are part of the second phase of the transparency project. Public consultation for changes in phase one of the transparency project closed on November 19, 2014 and were passed by Council at its December meeting.