The Board of Inquiry Serves the Critical Role of Independently Gathering Information about a Member’s Physical and Mental Capacity to Practise
The College occasionally investigates a member for suspected incapacity and, when deemed necessary, moves to set limitations on the member’s ability to practise until such time as the member undergoes treatment and regains his/her health.
Incapacity proceedings, conducted by the Fitness to Practise Committee, are intended to help the member regain their health while ensuring the public is protected from unsafe practice. Initiated by referrals made by the Executive Committee, these are non-punitive, non-public proceedings that are strictly confidential.
Independent Experts
The Executive Committee therefore requires the special skills of the independent board of inquiry to gather further information so that the Executive Committee can decide whether to refer a member’s suspected incapacity to the Fitness to Practise Committee.
The Board consists of several pharmacists with expertise in substance abuse, psychopharmacology, and psychiatric issues; and a public member of Council. The Board serves to make expert inquiries regarding a pharmacist and to report back to the Executive Committee.
The pharmacist is asked to respond to information the College has received*, and may also be asked to voluntarily sign release forms that allow the College to obtain medical information from the pharmacist’s physician(s).
*Please see the September/October 2003 article “Reporting Incapacity” for information about pharmacists’ obligations (in certain situations to report incapacities.)
Self-Reporting Incapacity
It is within the pharmacist’s rights to refuse to cooperate with College staff inquiring on behalf of the Registrar or Board, or to refuse to sign releases.
And, while there is no obligation for the pharmacist to report his or her possible incapacity or the treatment that they are receiving, it can often be helpful for the pharmacist to voluntarily demonstrate to the College that he or she has adequate self-awareness of their physical or mental illness or condition, and has already taken the steps to be treated and managed appropriately by the proper health professionals.
Cases with Probable Grounds
The Board does, however, have the right to make inquiries about a pharmacist’s possible incapacity, and if the Board has reasonable and probable grounds to believe that the pharmacist is incapacitated the Board can require the pharmacist to submit to physical or mental examinations that are conducted or ordered by a particular health professional.
If the pharmacist continues to refuse to submit to such examinations or to cooperate with the appointed health professionals, the Board may then direct the Registrar to suspend the pharmacist’s Certificate of Registration until such time the pharmacist agrees to undergo the required examination(s).
Board of Inquiry Findings
After the Board has completed its inquiries, it reports its findings to the Executive Committee which then determines whether to refer the member to the Fitness to Practise Committee for intervention. The Executive Committee, if it believes that the pharmacist’s current physical or mental state exposes patients to harm, may also order an interim suspension of the pharmacist’s Certificate of Registration until the Fitness to Practise hearing.
Treatment and Practice-Monitoring
If the Fitness to Practise Committee determines that the member is incapacitated, the Committee will set limitations on practice, which may include specific treatment and monitoring requirements, to ensure that the public is protected from unsafe practice and that the member’s recovery is supported.
New Treatment Option
To improve its monitoring and support for incapacitated members, the College has recently signed an agreement with the Professionals Health Program (see below), to provide referred members with a comprehensive service that has been created specifically for treating health care professionals suffering from psychiatric problems and substance abuse disorders.
