“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 right to be aware of College 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a physician’s name from a publication, the Investigation Committee will consider whether the member’s name should not be published to protect the privacy of a patient or a patient’s family or the safety of any person.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:
(a) whether the facts of the censure include disclosure of intimate, financial, medical or other personal matters that would impact a patient’s privacy;
(b) 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;
(c) any evidence that the safety of any individual could be jeopardized by inclusion of a name.
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.