Inquiry
For detailed information regarding the composition, authority
and formal requirements of the Inquiry Committee click here (
Inquiry
Committee)
If the Investigation Committee decides that formal charges
should be laid against a physician:
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the complainant and the physician will be notified;
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the physician will be issued a Notice of Inquiry setting out the
formal charges against him/her;
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the matter will be referred to the Inquiry Committee and the
Chair of the Committee will select a panel from among the members
of the Inquiry Committee to hold a hearing. Panels are
composed of at least three members, at least one of whom must be a
public representative;
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a hearing will be scheduled
If you have made a complaint that leads to a hearing, you will
be fully informed of the process and what is expected of you.
Hearing
A hearing before an Inquiry Panel is a formal process with
lawyers for the College (who will prosecute the charges), lawyers
for the physician, a court reporter, sworn witnesses, examination
and cross-examination, etc. The physician and/or the
complainant may be called as witnesses at the
hearing.
The hearing is held in the College offices and is generally open
to the public. If it is necessary to protect certain
information or an individual from public exposure, the panel may
order that part of the proceedings be held in private or that
identities of individuals not be published.
The Panel usually consists of three people, two physicians and a
public representative. The Panel has its own
lawyer. It is up to the Panel to decide whether or not
the charges are proven.
In situations where the doctor agrees that the formal charges
are valid and is prepared to admit fault, the matter may be
resolved by a “consent agreement” with an
agreed-to statement of fact, admissions, and an agreed-to
penalty. In such situations a full hearing, as outlined
above, is not required, but the physician may still be required to
appear before the Inquiry Panel for the agreement to be
implemented.
Possible Outcomes
If the panel finds the physician guilty of the charges,
one or more of the following may be imposed:
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reprimand - this is a permanent record of criticism placed on
the professional record of the physician;
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suspension of the physician's licence to practise medicine;
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imposition of conditions on the physician's licence to practise
medicine;
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direction to the physician to waive money owed, or to refund
money paid;
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cancellation of one or both of the physician's registration and
licence with the College; and/or
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an order to the physician to pay to the College the costs of the
investigation, pay a fine, or both.
Notification of the Decision
The decision of the Panel is forwarded to the Registrar of
the College who notifies both the physician and the
complainant. The matter may also be published with or
without the physician's name. The complainant is not
named in any College publication.
Appeals
The physician may appeal the Panel's decision to the
Manitoba Court of Appeal.
