http://www.canlii.org/en/on/onhparb/doc/2014/2014canlii28540/2014canlii28540.html
DECISION
1. It is the decision of the Health Professions Appeal and Review Board to confirm the decision of the Inquiries, Complaints and Reports Committee of the College of Psychologists of Ontario to offer the following advice to the Respondent:
It is important to remain attentive to the perceptions of clients surrounding confidentiality. Where possible you and your staff should consider appropriate safeguards to minimize the risk of breach, whilst taking steps to assure and maintain client confidence.
2. This decision arises from a request made to the Health Professions Appeal and Review Board (the Board) by J.C. (the Applicant) to review a decision of the Inquiries, Complaints and Reports Committee (the Committee) of the College of Psychologists of Ontario (the College). The decision concerned a complaint regarding the conduct and actions of C.W., Ph.D., C.Psych (the Respondent). The Committee investigated the complaint and decided to offer advice to the Respondent as described above.
II. BACKGROUND
3. The Applicant was in a motor vehicle accident in August of 2008. The Economical Insurance Group referred the Applicant to the Respondent for an independent neuropsychological assessment report.
4. The assessment took place on May 3, 2012.
5. As part of the assessment, the Respondent asked the Applicant to complete a test. The Respondent left before the Applicant completed the test and directed the Applicant to leave it with the building receptionist when he finished the test.
6. The Respondent reported that, from a neuropsychological perspective, the Applicant was not experiencing significant psychological or emotional impairment.
III. REQUEST FOR REVIEW
10. Dissatisfied with the decision of the Committee, in a letter dated April 25, 2013, the Applicant requested that the Board review the Committee’s decision. In his six-page letter, he summarized, “The issue I wish to dispute was related to [the Respondent’s] professional conduct, wrong diagnosis, and the inaccuracies in his reporting … I wish to be treated fairly. I am not after financial reward for this complaint. I only make the complaint because his report did to me a serious injustice, and I would not like the same done to another in my position. If I were to get one thing, it would be that [the Respondent’s] report on me be invalidated.”
Issue Three: Confidentiality
48. The Committee noted the Applicant’s concern about this incident serving to breach his confidentiality. While noting that it would have been impossible to determine the extent of any potential breach of confidentiality, the Committee expressed concern that the Applicant, as a client, perceived that his confidentiality had not been secure. The Committee expressed the view that it was important for members to take appropriate action to ensure that confidentiality and the perception of confidentiality is maintained at all times.
49. In view of this, the Committee offered the Respondent the following advice in an effort to both improve his practice and prevent similar occurrences in the future:
It is important to remain attentive to the perceptions of clients surrounding confidentiality. Where possible you and your staff should consider appropriate safeguards to minimize the risk of breach, whilst taking steps to assure and maintain client confidence.
50. The Board finds the Committee’s conclusion in this regard to be reasonable. The Board considers significant that the advice will remain on the Respondent’s permanent (although private) record with the College, and may be considered should another complaint arise in the future. Thus, the Board finds that the advice issued to the Respondent communicates the seriousness of his conduct and importantly, acknowledges the merits of the Applicant’s complaint. The advice is both educative and remedial. An advice is one of the options available to the College to enable it to fulfill its mandate to protect the public.