The Complaints Committee (or the Executive Committee) can refer specified allegations of professional misconduct to the Discipline Committee for a hearing and a determination. Section 51(1) of the Health Professions Procedural Code states:
A panel shall find that a member has committed an act of professional misconduct if,
(a) the member has been found guilty of an offence that is relevant to the member's suitability to practise;
(b) the governing body of a health profession in a jurisdiction other than Ontario has found that the member committed an act of professional misconduct that would, in the opinion of the panel, be an act of professional misconduct as defined in the regulations;
(b.1) the member has sexually abused a patient; or
(c) the member has committed an act of professional misconduct as defined in the regulations.
(The “regulations” referred to in s.51(1)(c) are regulations under the Pharmacy Act- regulation 681/93)
As well, the Accreditation Committee can refer to the Discipline Committee the matter of whether or not a pharmacy has failed to conform to the requirements of the Drug and Pharmacies Regulation Act (see s.140).
Under the COMPLAINTS & DISCIPLINE section of this website, you will find some information regarding the general processes followed once a referral to the Discipline Committee has been made. It should be pointed out that complainants are not “parties” to such disciplinary proceedings, i.e., they do not direct the prosecution or make submissions separate from the College’s submissions.
The legislation and the College’s by-laws determines what information can be disclosed on the public register (and this website) about particular past and current disciplinary proceedings.