Yukon among least-transparent for doctors' disciplinary histories

The Yukon is among Canada's least-transparent jurisdictionswhen it comes to complaints and disciplinary action against doctors, a CBC investigation has found.

The Federation of Medical Regulatory Authorities of Canada (FMRAC) agreed tosurveyits members on transparency and physician information,and provided the results to CBC. It declined CBC's requests for an interview.

The surveyresultsshow that practices vary widelywhen it comes to reporting and transparency of physician information.

• Disciplined physicians often given 2nd chance to practise

• N.W.T.,Nunavutdoctors' disciplinary pasts not online, unlike in provinces

The Yukon Medical Council (YMC)the governing body for the territory'sdoctors reveals few details to the public concerning doctors registered in the territory. Currently, the only physician information available on the YMC's website is a list of 81 doctors and where they work.

In contrast, everyprovincial collegeof physicians and surgeons in Canada providesan online searchable medical directory, often including information on doctors' qualifications, education, languages spoken, specialties, registration information.

One of the more notable discrepancies between the Yukon and most of Canada is Yukon's practice of not disclosing disciplinary information, including notices of disciplinary hearings, reinstatement decisionsor cautions.Ontario,Alberta and British Columbia all include information on disciplinary proceedings as part of their physician registers.

"Our policy is not to disclose,"said Robert Zimmerman, chair of the YMC."It's a confidential process, so an investigation is not published in any way.

"The doctor is aware of course, the complainant is aware, participants in the investigation are aware, but apart from that there's no publication."

No serious issues in decades: YMC chair

According to the YMC, there are an average of eight complaints per yeardirected at Yukon physicians, most of them relatively minor "problems in record keeping, or errors in communication where maybe a patient hasn't been dealt with in a proper, respectful way [that's] up to standard," Zimmerman said.

He said no complaintshave resulted in disciplinary action in the Yukon in the last 25 years.

"We have not had any proven cases of serious fault in medical profession, ethics, or standard of care that would require licensure suspension or restriction," he said.

"If that were to occur, there's no question that would be made public."

Zimmerman said that even with minor or unsubstantiated complaints, the council is limited in what information itcan makepublic, under the Medical Professions Act. The Yukon's practice would only change if and when the legislation changes.

"We certainly don't want to be an outlier of a trend across the country to move in that direction," he said.

More transparency needed, says Yukon NDP

Yukon's Medical Profession Act has been amendedas recently as 2012, but the section governing the public register has not been updated since 2002. Unlike other parts of the country, theYukon is not making public information on physician warnings, penalties, remediation, notice or status of discipline hearings and proceedings, registration history to check for past suspensions, criminal convictions, or disciplinary action from other colleges.

Jan Stick, the Yukon NDP's health and social services critic,said taxpayers are responsible for physicians'salaries,so all disciplinary information on doctors should be open to the public.

"People should have access to information about their physicians. We have a pretty intimate relationship with them, and I'd like to know that the doctor I'm going to is upfront, and a good doctor," Sticksaid.

"I think it would be interesting to look at other jurisdictions, what's available and how they are able to achieve that.If it's through legislation that might be something we have to change here."

CBC made several requests for an interview with Community Services Minister Currie Dixon, whose department is responsible for the laws governing the YMC, but Dixon declined.

The department did, however,provide a statement saying that "unless the Yukon Medical Council decides otherwise, all hearings or inquiries or deliberation of disciplinary action are not public."