33(1)A member who, in the course of practising midwifery, has reasonable grounds to believe that another health professional has sexually abused a patient and who fails to file a report in writing in accordance with subsection (4) with the governing body of the health professional within 21 days after the circumstances occur that give rise to the reasonable grounds for the belief commits an act of professional misconduct.
33(2)A member is not required to file a report under subsection (1) if the member does not know the name of the health professional who would be the subject of the report.
33(3)If the reasonable grounds for filing a report under subsection (1) have been obtained from one of the member’s patients, the member shall use his or her best efforts to advise the patient that the member is filing the report before doing so.
33(4)A report filed under subsection (1) shall contain the following information:
(a)
the name of the member filing the report;
(b)
the name of the health professional who is the subject of the report;
(c)
the information the member has of the alleged sexual abuse; and
(d)
subject to subsection (5), if the grounds of the member filing the report are related to a particular patient of the health professional who is the subject of the report, the name of the patient.
33(5)The name of a patient who may have been sexually abused shall not be included in a report unless the patient or, if the patient is incapable, the patient’s representative, consents in writing to the inclusion of the patient’s name.
33(6)No action or other proceeding shall be instituted against a member for filing a report in good faith under subsection (1).
33(7)For the purposes of this section, section 3 applies with the necessary modifications to sexual abuse of a patient by another health professional.
33(1)A member who, in the course of practising midwifery, has reasonable grounds to believe that another health professional has sexually abused a patient and who fails to file a report in writing in accordance with subsection (4) with the governing body of the health professional within 21 days after the circumstances occur that give rise to the reasonable grounds for the belief commits an act of professional misconduct.
33(2)A member is not required to file a report under subsection (1) if the member does not know the name of the health professional who would be the subject of the report.
33(3)If the reasonable grounds for filing a report under subsection (1) have been obtained from one of the member’s patients, the member shall use his or her best efforts to advise the patient that the member is filing the report before doing so.
33(4)A report filed under subsection (1) shall contain the following information:
(a)
the name of the member filing the report;
(b)
the name of the health professional who is the subject of the report;
(c)
the information the member has of the alleged sexual abuse; and
(d)
subject to subsection (5), if the grounds of the member filing the report are related to a particular patient of the health professional who is the subject of the report, the name of the patient.
33(5)The name of a patient who may have been sexually abused shall not be included in a report unless the patient or, if the patient is incapable, the patient’s representative, consents in writing to the inclusion of the patient’s name.
33(6)No action or other proceeding shall be instituted against a member for filing a report in good faith under subsection (1).
33(7)For the purposes of this section, section 3 applies with the necessary modifications to sexual abuse of a patient by another health professional.