Contract Violations

Approved: June 25, 2008
Revised: June, 2014


Continuing Care Contracts are used to allow monitoring of physicians with health problems, to place personal or practice restrictions on the physician, or to comply with decisions made as a result of discipline. The requirements are designed to minimize risk to patients and to encourage physicians to attend to their health needs. Compliance with the contract is a condition of registration and failure to comply can result in referral to the Complaints Director. All members need to be aware of the consequences of any violations of continuing care agreements.

The College will approach all contract violations in a consistent manner, but will consider the circumstances of each situation individually.

This policy applies to all violations of agreements administered by the College’s Physician Monitoring Department.

Process:

These violations will be assessed upon the following criteria:

  1. First time violations rather than repeat violation
  2. Manner in which they come to the attention of the Registrar or his/her delegate
  3. Perceived risk to patients
  4. Whether or not there is an order of a Hearing Tribunal
  5. Other factors/special circumstances

The Assistant Registrar may consult with the PHMC to determine the most appropriate course of action.

Having regard for due process, the decision of the Assistant Registrar will be final as to the consequences. Consequences may include sanctions as follows:

  1. None: first time, no risk to patients, reported by the individual practitioner
  2. Moderate: consideration of the circumstances of the violation and assessment of the risk to patients. May result in a renegotiation of the agreement, independent assessment of fitness to practice, voluntary leave from practice, or referral to the Complaints Director.
  3. Serious: referral to the Complaints Director for consideration

Examples:

None: A physician being monitored for alcohol dependence self reports having a glass of wine on the weekend and also reports what he/she has done to address this. This could result in no change.
Moderate: Physician with a bipolar illness is reported by a colleague to be on the medical unit and behaving inappropriately. Physician is asked to voluntarily withdraw pending assessment.

Severe: A physician with a monitored health condition is reported to be having sexual intercourse with a patient at the hospital. Physician is asked to withdraw from practice and referred to the Complaints Director.


Contact

Dr. Jeremy Beach, Assistant Registrar
780-969-4940 or 1-800-561-3899 ext. 4940 (in Canada)
Jeremy.Beach@cpsa.ab.ca

Leanne Minckler, Physician Health Advisor
780-969-4943 or 1-800-561-3899 ext. 4943 (in Canada)
Leanne.Minckler@cpsa.ab.ca