Detailed information regarding the composition, authority and formal requirements of the Appeal Panel is set out in:
Appeal Panel’s Role
- On receiving an appeal from a decision of the Investigation Committee, the President of CPSM Council must appoint an Appeal Panel made up of no more than three members of the Executive Committee, one of whom must be a public representative who does not work in healthcare. A member of that Panel is appointed to sit as Chair.
- Appeals from decisions of Investigation Committee are not fresh hearings of the matter. The Appeal Panel is to limit its review to determining whether the Investigation Committee decision contains an error of fact, of law, or of procedure.
- Appeals are generally restricted to issues previously considered by the Investigation Committee. Where the appeal raises a new point or brings forward new evidence, the Appeal Panel must assess its ability to fairly decide the matter on the basis of the available information and should consider whether the matter should be returned to the Investigation Committee for further review.
- In the absence of an allegation of bias on the part of the Investigation Committee, the Appeal Panel’s threshold test for intervention is that the Investigation Committee’s decision contains an error of fact, of law or of procedure which warrants interference. The Appeal Panel should not interfere simply because it might have reached a different conclusion on the case.
Method of Review
In making its decision, the Appeal Panel will consider the following materials:
- Notice of Decision of the Investigation Committee;
- the letter from the complainant setting out the reasons for the appeal;
- the letter of response from the physician, if one is received;
- the documents which were available to the Investigation Committee.
The Appeal Panel is not required to hold a hearing, so neither the complainant nor the physician have the right to appear in person.
The Appeal Panel may do one or more of the following:
- confirm the decision of the Investigation Committee;
- make any decision that in its opinion ought to have been made by the Investigation Committee;
- refer the matter back to the Investigation Committee for further investigation or consideration in accordance with any direction that the panel may give.
Notification of Decision
The complainant and the physician will be notified of the Appeal Panel’s decision and the reasons for its decision in writing.