Interim Orders Under the RHPA: The Test and How to Respond

Key Takeaways

• The ICRC can act after a complaint is received or an investigator is appointed.
• The test is whether your conduct exposes or is likely to expose patients to harm or injury.
• You normally get notice and at least 14 days for written submissions; urgent orders can be made first.
• The order lasts until varied or until the matter is finally resolved.

The Legal Test

Under the Health Professions Procedural Code, the Inquiries, Complaints and Reports Committee may make an interim order directing the Registrar to suspend, or impose terms, conditions or limitations on, a member’s certificate if it is of the opinion that the member’s conduct exposes or is likely to expose patients to harm or injury (Code, s. 25.4(1)). It may act at any time after receiving a complaint or after an investigator is appointed. It cannot impose gender-based terms (s. 25.4(2)).

Notice and Submissions

No order may be made unless you have received notice of the intention to make it, at least 14 days to make written submissions, and a copy of the provision (s. 25.4(6)). If the committee believes on reasonable and probable grounds that the risk requires it, it can make the order without notice, and you can make submissions while the order is in place (s. 25.4(7)).

How to Respond

• Address risk, not just the facts. The question is future risk to patients. Explain why the risk is low or can be managed.
• Offer proportionate alternatives. Practice monitors, chaperones, restrictions on specific procedures, or a voluntary undertaking may address the concern without a full suspension.
• Provide evidence. Supervisor letters, completed remediation, and records showing safe practice carry more weight than assurances.
• Meet the deadline. Fourteen days is short.

After the Order

When an interim order is made, the matter must be investigated and prosecuted expeditiously, and the committees must give it precedence (s. 25.4(3)). The order continues until varied by the committee or until the matter is withdrawn, resolved through dispute resolution, or finally disposed of (s. 25.4(4)). If a discipline panel later revokes, suspends or restricts your certificate in the same matter, that order takes effect immediately despite any appeal (s. 25.4(5)).

Frequently Asked Questions