Top 10 List: What Health Professionals Need To Know About Discipline Committee Hearings

In my opinion, here are the top 10 items that Health Professionals need to know about Discipline Committee hearings:

1. If a matter is referred to the Discipline Committee, the allegations will appear on the public register until a Decision and Reasons is issued;
2. Colleges will proceed to a Discipline Committee hearing even if the Health Professional resigns or otherwise does not participate in the discipline process;
3. Before negotiating a resolution, it is imperative to be aware of penalties imposed in recent, similar cases before the College in question;
4. If a matter is resolved on consent, legal counsel for the parties will prepare an Agreed Statement of Facts and a Joint Submission on Penalty and Costs. Legal counsel for the College will typically prepare the first draft;
5. All matters must appear before the Discipline Committee, regardless of whether a matter is proceeding on consent or on a contested basis;
6. Absent exigent circumstances, Discipline Committees will typically approve settlements proposed by counsel for the parties;
7. If a Health Professional is found guilty of professional misconduct, they will be exposed to a penalty and a costs award. Costs awards vary widely as between Colleges and are significantly higher if a matter proceeds via a contested hearing;
8. Absent publication bans, Discipline Committee hearings are typically open to the public;
9. At present, most Colleges are conducting Discipline Committee hearings virtually; and
10. All findings of professional misconduct are posted on the public register, where they typically remain indefinitely.

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