Publication Policies

Publication refers to inclusion on the CPSM website and newsletters (including for CPSM registrants and for the public).

The Regulated Health Professions Act provides for publication in two situations:

1. CENSURE – Section 102(1)d and Section 104

Section 104 of The Regulated Health Professions 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.

  • Usually, after an Investigation Committee meeting where a censure has been issued and accepted by a member, the publication wording is identical to the censure, with minimal grammatical changes.
  • If the member’s name is not included in the publication, the committee must include an explanation of its reasons.
  • The publication should also state that the physician appeared before the Committee and paid costs.
  • The patient’s name and any identifying factors must be deleted. If the physician’s name is not included in the publication, only the IC file number is referenced.

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:

  • matters involving public security;
  • 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;
  • 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 right to be aware of CPSM proceedings with the privacy rights of patients and potential safety issues.

In arriving at a decision whether or not to exclude a physician’s name from a publication, the Investigation Committee will consider whether the member’s name should not be published to protect the privacy of a patient or a patient’s family or the safety of any person. For example, considerations include:

  • Whether the facts of the censure include disclosure of intimate, financial, medical or other personal matters that would impact a patient’s privacy.
  • Whether 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.
  • Any evidence that the safety of any individual could be jeopardized by inclusion of a name.

2. INQUIRY – Section 128 and 129

  • 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 that certain individuals 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, Seniors, and Long-Term Care, the Medical Council of Canada, the Federation of Medical Regulatory Authorities of Canada, and the appropriate provincial Regional Health Authority.

Copies of all discipline publications are forwarded to the Canadian Legal Information Institute (CanLII) for inclusion in its database.