Q: Recently, our respected doctor was disciplined and had his licence suspended. What powers do self-regulating professional bodies, like the medical profession, have to discipline their members?
A: Whether it involves teaching, medicine, law, accounting or many other professions, our legislators have decided each profession should govern itself. This includes making decisions on admission to the profession, licensing and disciplining for misconduct or incompetence. The rationale is that doctors, for example, are in the best position to decide who is qualified to practise medicine.
This does not mean that the professions are free to do as they choose. Control of professions is within provincial jurisdiction and each province has passed legislation dealing with the professions. Such legislation will set out how the profession will be governed, how its governing council will be elected, how it will decide who to admit to practice and how it will deal with matters of incompetence and discipline.
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Most legislation outlines common steps to be followed in the disciplinary process. Generally, disciplinary proceedings start with a complaint. It might come from a member of the public or from fellow practitioners. Upon receiving a complaint, a decision will be made as to whether it has merit. This may involve getting a response from the professional about whom the complaint was made.
Based on this initial review, a formal investigation might be launched. This may be carried out by a staff member, one or more members from the profession, or an investigator, usually a former police officer.
If there is substance to the complaint, a disciplinary or competency hearing can be held. The hearing is by a committee of other members of the profession.
If a complaint is valid the committee will recommend corrective or disciplinary action. That can include everything from a fine, restrictions on practice, a period of suspension, a requirement that the member take further training, or a ban on practising the profession.
Rules for disciplinary hearings are usually complex and set out in the provincial statute. If the procedures are not followed, the courts can overrule the disciplinary action.
Professional bodies must also follow the rules of natural justice, which include a requirement that there be a fair hearing and that any punishment is suitable to the misdemeanor.
Disciplinary issues raise the question of who is best able to determine whether a professional is competent to practice. Should it be members of the profession or a public process with public input?
If the public wants a say it should lobby to have provincial laws that govern professions changed.
