Publication Policies
“Publication” means material included on
this website and in the College newsletter.
The
Medical Act provides for publication in two
situations:
1. CENSURE - Section 49(2)
Usually, following an Investigation Committee meeting where a
Censure has been issued and accepted by a member, the wording of
the publication is identical to the Censure with minimal
grammatical changes. [Refer to Censure Procedures regarding
publication of the member's name]. If the member's name
is not included in the publication, then an explanation of the
Committee's reasons must be included. The fact that the
physician appeared before the Committee and paid costs should also
be included in the publication. The patient's name or
any identifying factors are to be deleted. If the
physician's name is not included in the publication, only the IC
file number is referenced.
Section
49(2) of The Medical Act provides that the Investigation
Committee may publish the fact that a member has been
censured. The publication will usually include the
member's name and a description of the circumstances that led to
the censure.
1.1 PUBLICATION OF FACTS OF CENSURE
The fact of a censure and the circumstances which led to the
censure are generally published in the Report of Disciplinary
Proceedings. Only in a situation where the extreme sensitivity of
the material to be presented outweighs the desirability of adhering
to the principle of the public's right to know, will the Committee
consider not publishing the facts of a censure.
Criteria to be considered to arrive at a decision of
non-publication include, but are not limited to:
| (a) |
matters involving public security; |
| (b) |
financial, personal or other matters which if disclosed are of
such a nature that the desirability of avoiding public disclosure
of these matters in the interest of any person affected or in the
public's interest, outweighs the desirability of adhering to the
principle that the public is entitled to be informed; |
| (c) |
the well-being of an individual may be jeopardized. |
1.2 EXCLUSION OF A PHYSICIAN'S NAME FROM A
PUBLICATION
Determining whether or not to exclude a physician's name from
the publication of a censure involves a balancing of the public's
interest in the College's proceedings with the public and
profession's interest in promoting remediation and enhancement of
the standards of practice.
In arriving at a decision whether or not to exclude a
physician's name from a publication, the Investigation Committee
will consider, in addition to other relevant information, the
factors set out below.
As a matter of policy, if a physician's name is excluded, the
publication must contain the Committee's reasons for withholding
the name.
The factors which will be considered by the Committee include,
but are not limited to:
| 1. |
any specific need for the public to be informed about an
individual physician or a particular treatment, therapy or other
service provided by that physician;
|
| 2. |
any specific need for referring physicians to be informed about
a particular physician or treatment, therapy or other service
provided by that physician;
|
| 3. |
whether or not the physician has previously received letters of
criticism, advice, has been censured or subject to any other
relevant disciplinary action;
|
| 4. |
whether or not the facts of the censure include disclosure of
intimate, financial, medical or other personal matters relating to
the complainant;
|
| 5. |
whether or not the physician was cooperative during the
investigation process, and had an appropriate attitude towards the
process including demonstrated insight into any deficiencies;
|
| 6. |
any evidence that the security of any individual could be
jeopardized by inclusion of a name; |
| 7. |
whether or not the inclusion of the physician's name could
reasonably be anticipated to compromise the anonymity of the
complainant or other innocent parties incidentally involved in a
matter;
|
| 8. |
whether or not, in the circumstances of the case, disclosure
could reasonably be anticipated to discourage the public from
initiating complaints to the College;
|
| 9. |
whether or not the negative notoriety which would ensue as a
result of publication would be significantly out of proportion to
any benefit to the public of inclusion of the name; |
| 10. |
whether or not physical or mental illness was a contributing
factor to the matters giving rise to the censure;
|
| 11. |
whether or not the inclusion of the physician's name is
contraindicated with respect to any medical/psychiatric treatment
being received by the physician or a third party;
|
| 12. |
whether or not the matter giving rise to a censure is an
isolated event or, alternatively, representative of more widespread
deficiencies in a physician's practice; |
| 13. |
whether or not the identity of the doctor, patient or other
third party and/or the issue giving rise to the censure is known or
not in the community.
|
|
|
2. INQUIRY - Section 59.9
When a physician is found guilty after an Inquiry, the
publication of the physician's name is included except where
otherwise ordered by the panel. The panel may also
order certain people not be named (only initials
used). The Report of the Inquiry Committee
(Resolution, Order and Reasons) is submitted for
publication. The patient's name and any identifying
information are deleted. If the physician has been
found not guilty, publication may or may not be included in the
Report of Disciplinary Proceedings but the physician's name cannot
be included.
All erasures and suspensions are reported to Manitoba
Health, Manitoba Pharmaceutical Association, Medical Council of
Canada, Federation of Medical Regulatory Authorities of Canada, and
the appropriate provincial Regional Health Authority.
Copies of all discipline publications are forwarded to
“Quicklaw” for inclusion in their
database.
