Members are not immune to drug dependency or abuse despite the fact that members have expertise in drugs (effects and uses).
What does “incapacitated” mean?
A member is “incapacitated” when he/she is suffering from a physical or mental illness or condition that makes it necessary for actions to be taken to restrict his or her right to practise as a pharmacist or pharmacy technician in the best interest of public safety.
The most common cases of incapacity involve mood disorders or substance-use problems, but certain physical, cognitive, or sensory disabilities could also fall within the definition of incapacity. (See s.1 (1) of the Health Professions Procedural Code (the “Code”), being Schedule 2 to the Regulated Health Professions Act.)
Mandatory Reporting Requirements for Employers:
An employer who terminates the employment or revokes, suspends or imposes restrictions on the privileges of a member or who dissolves a partnership, a health profession corporation or association with a member for reasons of incapacity must file with the Registrar within thirty days after the termination, revocation, suspension, imposition or dissolution, a written report setting out the reasons. This obligation remains even if the member resigned or relinquished any privileges prior to the employer having done so.
For additional information about making a report, please contact the Manager, Investigations and Resolutions at 416-847-8238 or by Fax at 416-847-8471
For more information about Members who May be Incapacitated, Click here
Are there any Resources for Members?
The Professionals Health Program:
The Professionals Health Program (PHP) is a confidential assistance program offering intervention, assessment, and monitoring to Ontario health professionals experiencing work/life stress, concerns about their mental health or substance use problems. The PHP is available to all pharmacists, pharmacist interns and students, and to all pharmacy technicians.
Access to the service can be directly and anonymously by the member or can be facilitated by the College. There is no cost to the member for the service; the cost is paid by the College. Click here for the PHP website.
The College believes that by making the PHP’s services available to members, with the assurance of confidentiality, more members will obtain needed care and assistance, thus reducing the risk of harm to themselves and to the public.
Health Inquiry Panel
The Health Inquiry Panel is a panel of the Inquiries, Complaints and Reports Committee (ICRC). After conducting certain inquiries into a member’s health, which may include requiring the member to undergo an independent medical examination, the Health Inquiry Panel may refer a matter to the Fitness to Practise Committee.
The Fitness to Practise Committee may hold a hearing to determine whether a member is incapacitated, and if so what terms, conditions or limitations should be placed on the member’s Certificate of Registration. If the member is enrolled with the Professionals' Health Program, such a hearing may not be held; rather, the member enters into an Agreement with the College, acknowledging that he or she is incapacitated as that term is defined in the Code and agreeing to abide by a monitoring contract with the Professionals Health Program.
If a member has been referred to the Fitness to Practise Committee regarding a possible incapacity, or if a member’s practise has been restricted further to a finding of incapacity, that information is available through the Member Register.
Incapacity Proceedings
How are the incapacity proceedings different from disciplinary proceedings?
Unlike disciplinary proceedings, incapacity proceedings are not public. Incapacity proceedings are strictly confidential and are intended to help the member regain their health while ensuring the public is protected from unsafe practice. Incapacity proceedings determine suitable restrictions and conditions on the member’s Certificate of Registration that are designed to enable the member to return to practise in a way that supports his or her recovery while helping to detect and prevent possible relapses.
By intervening with a member who may be incapacitated, you are enabling him or her to obtain the treatment that will help them to return to a healthy life.
For further information:
Contact the College’s Investigations and Resolutions Department at 416-847-8295
