Ontario Court of Appeal Confirms Treatment of Spouses by Health Professionals -
“Zero Tolerance” Reminder

What does this mean for me, as a Registered member of this College?
Please remember that, as defined in the legislation, sexual abuse includes the treatment of spouses, even if the patient (spouse) consents to the treatment.

If an Optician treats his / her spouse and the information is brought to the attention of the College (complaint, mandatory report, information to the Registrar), this could result in a referral to the Discipline Committee. If the Discipline Panel makes a finding that the member has committed an act of professional misconduct by sexually abusing a patient, the mandatory penalty is revocation of the Optician’s certificate of registration for a minimum of 5 years.

(The following text is Re-printed from “Grey Areas” No. 143 - Steinecke Maciura LeBlanc)

Part of the zero tolerance provisions for sexual abuse by health practitioners in Ontario is the mandatory revocation for frank sexual acts with patients. This provision has been challenged in the Ontario Court of Appeal three times of the past decade. Earlier this year the Court confirmed that, in the area of sexual abuse, such a mandatory order is valid.

The Court of Appeal has confirmed that sexual abuse occurs when a health professional and his or her patient engage in sexual relations. The Court confirmed that the legislation did not contain a spousal exemption.

For Further Detail, refer to the Grey Areas Article.

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