Register and member information by-laws approved, but not yet in effect 

Need to Know: As part of CPSO’s project to modernize governance, it is conducting a comprehensive review and rewrite of its by-laws with the goal of improving clarity, and ensuring a strong, resilient governance model. 

By-law modernization is a large project being performed in phases throughout the year. Here, we provide an update on the project’s first phase.

Although not yet in effect, Council approved the first section of its by-law review process related to what information is displayed publicly on the register and the information members are required to provide to CPSO.

We reviewed the register by-laws with a lens to reduce redundancies, where appropriate, among the different sources of authority: the Health Professions Procedural Code (the Code), regulations under the Regulated Health Professions Act (RHPA) and CPSO by-laws. We also considered whether the information required by the by-laws is beneficial or helpful to the public. 

We circulated the register and membership information by-laws for feedback after March Council and, after receiving no feedback, brought the changes back to Council in September for approval. These by-laws were approved but will not come into effect until the new public register launches in 2024. Until then, the current provisions in the General By-law will continue to apply. 

The refresh allowed us the opportunity to make important changes including: 

Hospital Information 

The review revealed that much of the information hospitals are required to report to CPSO under the Public Hospitals Act and the Code is interim in nature, and the seriousness of the matters vary and may lose currency after being posted to the register.

As a result, once the amended by-laws are in effect, we will no longer post some of the information hospitals are required to report to CPSO on the register, including:  

• suspensions, 
• restrictions imposed by hospital on member, 
• resignations or relinquishments by members in face of/as a result of investigations, and 
• rejections of appointment/reappointment applications.

The most serious hospital action — i.e., a revocation of privileges — will continue to be posted on the register. 

CPSO will continue to use mandatory reports from hospitals to consider further investigation and appropriate action, which may include imposing terms, conditions and limitations on the member’s certificate, which would appear on the public register. 

Quality Assurance Committee SCERPS (Specified Continuing Education or Remedial Program)

We currently post SCERPS ordered by our Quality Assurance Committee (QAC) on or after June 1, 2016 on our website. The posted information includes the elements of the SCERP and a note when all elements were completed.

Once the amended by-laws are in effect, CPSO will cease to post QAC SCERPS from the by-law’s register list to better align with the educational purpose of the quality assurance process.

Post-Graduate Training

When the new register launches, we will no longer publish post-graduate training. Posting this information is not in line with other Canadian jurisdictions and has not been shown to be helpful to the public.

OHP Information

When the new register launches, we will post only the most recent Out-of-Hospital Premises Inspection Program outcomes on the basis that past outcomes have limited relevance or utility.

Charges

We will no longer be posting charges made under laws in other jurisdictions, but we will continue to post findings of guilt under comparable laws of another jurisdiction. It is challenging to monitor and accurately update charges under laws of other jurisdictions due to differences in the way other systems operate and challenges with accessibility to their official documents to confirm the charges, amendments and disposition.

Interim ICRC Orders

Once the public register launches, we will post information about Interim Orders made by the Inquiries, Complaints and Reports Committee. We will remove the posting about the interim order once it is no longer in effect.

While the Code requires terms, conditions and limitations (TCLs) and suspensions to be posted, the Code does not require that the register indicate they are imposed under an interim order. Posting the fact of an interim order will provide context for the related TCLs or suspensions noted on the register.

Former Name

The register indicates a member’s former name (used in practice or since medical training) for identification and continuity purposes. CPSO Council decided to continue to post former names on the register. Individual members, however, may request that the Registrar exercise statutory discretion to remove or not post the member’s former name where there are grounds to do so.

Gender

When the new register launches, members may report the gender with which they identify — man, woman, Two-spirit or non-binary. These terms will replace the current male, female categories (a non-binary category already exists). Members will also have the option to choose “Prefer not to say” to address concerns over disclosing gender.

Upcoming By-Law Changes

At its September meeting, Council also discussed governance modernization initiatives to be effected through by-law. These proposed initiatives include, among other things, changes pertaining to governance terminology, changing the election model to province-wide elections with the introduction of a competency-based selection process for candidates, and new eligibility criteria for Council and committee membership. We will provide more information in an upcoming issue of eDialogue.