Requests for Removal of Information from the Public Register subsequent to Section 23(7) of the Health Professions Procedural Code

POLICY

Published: July 24, 2018

Overview

The Ontario College of Pharmacists is committed to ensuring that Ontarians have access to information about their pharmacies and pharmacy professionals that is relevant, timely, useful and accurate, and improves their ability to make informed healthcare decisions. This commitment is consistent with transparency principles adopted by the College in 2014.

The College currently posts information on the public register as required under s. 23(2) of the Health Professions Procedure Code (“the Code”) and College by-laws. This information remains on the public register unless its removal is authorized pursuant to appropriate legislation.

Purpose

This policy governs requests by a member of the College under s.23(7) of the Code. Requests related to s.23(11) are to be made to the applicable committee directly. Requests under s.23(6) ” where there are concerns that disclosure may jeopardize the safety of an individual ” are not governed by this policy and should be made directly to the College. Removing information from the public register is equivalent to choosing not to disclose or post on the College’s website.

Legislative Background

Section 23(7) of the Health Professions Procedural Code states:

The Registrar may refuse to disclose to an individual or to post on the College’s website information that is available to the public under subsection (5), if the Registrar has reasonable grounds to believe that the information is obsolete and no longer relevant to the member’s suitability to practise.

College Bylaws – Article 11: The Register

Applications

Members may submit a request for removal of information to the College via the Request for Removal of Information from the Public Register application form. When making their request, members should address the principles noted below. Requests for removal will not be considered by the College for one year following a previous unsuccessful application for removal of information.

Transparency

Information that is removed from the public register under this policy still remains part of a member’s official record with OCP. The College may also disclose information in the circumstances specified under s. 36 of the Regulated Health Professions Act.

Policy Principles

Requests for removal will be approached with the following principles in mind:

  1. The public deserves access to relevant information about their pharmacies and pharmacy professionals that will support them in making informed choices regarding their healthcare and the professionals who are entrusted to serve and care for them.
  2. Each application must articulate why the public should not have access to the specified information.
  3. Applications for removing information posted to the public register within the past ten (10) years will not be considered.