A hearing occurs when a complaint investigation reveals a physician has demonstrated a lack of knowledge, skill or judgment in the provision of medical care, or has seriously breached a CPSA Standard of Practice and/or Code of Ethics.
A hearing tribunal, consisting of two physician members and one public member, considers evidence and determines whether or not the physician is guilty of unprofessional conduct. The tribunal also determines penalty as specified in the Health Professions Act*; this can include:
- Restrictions on the physician’s practice (such as the need for a chaperone or limiting the number of patients seen);
- Suspension or loss of the physician’s practice permit (while suspended, a physician cannot treat patients, or bill for medical services.);
- A monetary fine; and/or
- The need to undertake additional training or practice assessments.
Once the hearing tribunal makes its decision, the College’s Complaints Director and the physician have 30 days to request an appeal to Council. The physician can subsequently appeal to the Court of Appeal and the Supreme Court.