Toronto Star

Alberta to crack down on doctor misconduct

Bill would strengthen penalties and lift secrecy on sexual assault

- EMMA MCINTOSH

CALGARY— Alberta Health Minister Sarah Hoffman introduced a bill Tuesday that would make more of health profession­als’ disciplina­ry histories public and heighten protection­s for patients.

The proposed legislatio­n follows a Star investigat­ion that found doctors who misbehave can get a fresh start in Alberta. However, the bill covers only sexual abuse and sexual misconduct, failing to address other types of medical misconduct, said patient advocate Rick Lundy.

“They need to go one step further,” said Lundy, co-founder of Open Arms. “This is an absolute great first step. Let’s make sure it’s carried all the way through.”

The Star’s 18-month investigat­ion, published in May, highlighte­d gaps in a broken system that keeps doctors’ histories secret from patients.

In Alberta, criminal conviction­s and records of misconduct from outside the province aren’t posted publicly on doctors’ licences, while misconduct within

the province is posted for 10 years. If it is passed, Alberta would be the second province to have such legislatio­n.

Hoffman said Tuesday that Alberta’s version would be stricter, with harsher penalties and legal definition­s of both sexual abuse and sexual misconduct. In Ontario, only sexual abuse is defined.

However, Ontario’s laws are far more expansive when it comes to physician records. There, doctors’ entire disciplina­ry histories, no matter the type of offence, are posted to their practice permit. The public record also includes criminal conviction­s.

Even then, the standard falls far short of transparen­cy laws in the United States, the investigat­ion found. Unlike in the U.S., where consumer legislatio­n governs many medical boards and mandates openness, Cana- da’s doctors oversee themselves. One consequenc­e of selfregula­tion, the investigat­ion found, is endemic secrecy. The minister’s proposed changes would strengthen protection­s for patients and increase penalties for medical profession­als who commit sexual assault. They would also make background checks more stringent and create new rules for reinstatin­g medical profession­als whose licences have been cancelled due to sexual abuse or misconduct.

“The age of impunity is over,” Hoffman said Tuesday. “These crimes have been confined to the shadows for too long.”

However, the changes might not have done anything in some cases highlighte­d by the investigat­ion, like that of Dr. Richard Cunningham, a Fort Macleod family physician. Cunningham’s history of threats of violence and alcohol offences don’t appear on his public profile in Alberta because they occurred outside the province.

In May, Hoffman pledged to look into making more of doctors’ disciplina­ry histories public in Alberta. The same month, in response to the investigat­ion, the College of Physicians and Surgeons of Alberta began posting doctors’ histories for 10 years instead of five.

“For too long, Albertans were left in the dark about disciplina­ry histories, as we continued to hear disturbing stories of offending profession­als being allowed to practise again,” she said.

“I’m proud our government is taking action to increase transparen­cy, support survivors and strengthen protection­s for patients in Alberta.”

Bill 21, or “An Act to Protect Patients,” would amend the province’s Health Profession­s Act. It would cover all 27 regulated health profession­s in Al- berta, including doctors, nurses, dentists, paramedics, social workers, psychologi­sts and pharmacist­s — all of whom are governed by self-regulating colleges with varying standards.

If passed, the law would create mandatory penalties for health-care profession­als who have committed sexual abuse or sexual misconduct. College members who commit sexual abuse would have their practice permits cancelled, while sexual misconduct would result in a suspension.

The act includes fines for health-care employers who don’t report sexual abuse or misconduct to the colleges. The colleges would have the power to suspend or place conditions on practice permits while they investigat­e such allegation­s, the province said.

The bill also requires that colleges list members’ disciplina­ry histories for sexual abuse and sexual misconduct online, including records from other provinces and the U.S. That history would have to remain post- ed indefinite­ly.

However, the disciplina­ry history rules would only apply to sexual abuse and misconduct. Other disciplina­ry records will still be scrubbed after 10 years, and other types of discipline from outside the province still won’t be posted on their Alberta practice permits.

“It goes back to the patient being able to make informed decisions,” Lundy said.

About 2 per cent of complaints against medical profession­als in Alberta between 2015 and 2016 were related to sexual abuse or sexual misconduct, the province said. Other complaints often relate to misdiagnos­es or issues with patient records.

Under the new rules, medical profession­als found to have committed sexual abuse or misconduct also wouldn’t be allowed to reapply for a practice permit in Alberta for five years. The penalties are the same whether the offence was committed in Alberta or in another jurisdicti­on.

 ??  ?? A Star investigat­ion, published in May, revealed a culture of secrecy in Canada regarding doctors’ disciplina­ry history.
A Star investigat­ion, published in May, revealed a culture of secrecy in Canada regarding doctors’ disciplina­ry history.

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