Reinstatement of a former member’s certificate of registration (“certificate”) can only be ordered by a panel of the Discipline Committee as it is the only committee that can revoke a member’s certificate.
A penalty of revocation of a member’s certificate may be ordered by the Discipline Committee following a finding of professional misconduct of a significant nature. Indeed, this penalty is reserved only for the most serious cases of misconduct where, given all other considerations, no other penalty can adequately protect the public from unsafe or unethical practice.
Application for Reinstatement
A revoked “member” may apply, in writing, to the Registrar for the reinstatement of his or her certificate, one year after the revocation. (In cases where revocation resulted from a finding of sexual abuse of a patient, the revoked member can only apply for reinstatement after five years.)
Applications for reinstatement are made formally in a hearing before a panel of the Discipline Committee. Unlike other proceedings before this Committee where the burden of proof lies with the College, the onus is on the former member to present evidence that will convince the Committee that the original reasons for the revocation have been appropriately addressed. Specifically, the Committee seeks information that indicates that the individual is governable, understands the significance of his or her past conduct, and evidence that suggests the past conduct is unlikely to recur if the former member is reinstated. The College may either support or oppose the application before the Committee.
After hearing the evidence and submissions, the Discipline Committee issues its decision and reasons in writing to the Registrar and the applicant. The Committee may either refuse the request for reinstatement or direct the Registrar to issue a new certificate. Where the Committee decides to reinstate the certificate, it may also order the Registrar to impose terms, conditions or limitations on the member’s certificate.
No Right to Appeal
Unlike other disciplinary proceedings, an applicant seeking reinstatement has no right to appeal the Discipline Committee’s decision to the Divisional Court. Every applicant has the right to reapply for reinstatement within six months of the Committee’s decision to deny his or her application.
Reinstatement proceedings are infrequent, due primarily to the relatively rare incidence of revocation orders being made by the Discipline Committee. And, as with discipline hearings, reinstatement hearings are open to the public and are recorded formally by a court reporter.