CONSULTATION SURVEY
Introduction
The Council of the College has approved in principle a change to its bylaw defining unprofessional conduct. The proposed bylaw change will define disclosure of confidential information that a registrant receives from the College as unprofessional conduct.
The draft bylaw defines confidential information as follows:
(ix) “confidential information” includes:
1. any personal health information as defined in The Health Information Protection Act which the College of Physicians and Surgeons of Saskatchewan provides to a registrant; and
2. any disclosure provided by the College to a registrant in relation to a College regulatory activity.
The draft bylaw states the following in relation to disclosing confidential information:
8.1 (b) The following acts or failures are defined to be unbecoming, improper, unprofessional or discreditable conduct for the purpose of Section 46(p) of the Act. The enumeration of this conduct does not limit the ability of Discipline Hearing Committees to determine that conduct of a physician is unbecoming, improper, unprofessional or discreditable pursuant to Section 46(o):
…
(xxvii) disclosing confidential information unless:
1. it is disclosed in order to respond to the College; or,
2. it is disclosed in relation to the College’s regulatory activity;
3. the College has given permission to disclose the information; or
4. the disclosure is permitted or required by law.
If the bylaw amendment is adopted, a physician who discloses confidential information other than in the four circumstances contained in the bylaw can be charged with unprofessional conduct.
The draft bylaw defines confidential information as follows:
(ix) “confidential information” includes:
1. any personal health information as defined in The Health Information Protection Act which the College of Physicians and Surgeons of Saskatchewan provides to a registrant; and
2. any disclosure provided by the College to a registrant in relation to a College regulatory activity.
The draft bylaw states the following in relation to disclosing confidential information:
8.1 (b) The following acts or failures are defined to be unbecoming, improper, unprofessional or discreditable conduct for the purpose of Section 46(p) of the Act. The enumeration of this conduct does not limit the ability of Discipline Hearing Committees to determine that conduct of a physician is unbecoming, improper, unprofessional or discreditable pursuant to Section 46(o):
…
(xxvii) disclosing confidential information unless:
1. it is disclosed in order to respond to the College; or,
2. it is disclosed in relation to the College’s regulatory activity;
3. the College has given permission to disclose the information; or
4. the disclosure is permitted or required by law.
If the bylaw amendment is adopted, a physician who discloses confidential information other than in the four circumstances contained in the bylaw can be charged with unprofessional conduct.