Incompetence

Incompetence is a distinct ground of professional discipline in Ontario regulated health professions, separate from professional misconduct. Under the Health Professions Procedural Code, a regulated health professional may be found incompetent if the registrant has displayed a lack of knowledge, skill, or judgment in the practice of their profession that is so serious as to demonstrate that the registrant is unfit to continue in practice, or that the practice of the registrant should be restricted. Incompetence findings are made by the discipline tribunal in the same proceedings that can address misconduct, but the legal test and the available remedies differ.

The distinction between misconduct and incompetence matters in practice. A registrant who has engaged in a discrete act of misconduct may be sanctioned for that act while remaining competent to practise. A registrant who is found incompetent has been judged unable to safely continue in practice, at least without significant restrictions. Remedies for incompetence typically focus on protecting the public through restrictions on practice, mandatory supervision, remedial education, or, in serious cases, revocation of the certificate of registration.

In medical malpractice litigation, incompetence findings can be a relevant piece of evidence about a defendant practitioner’s history, although the rules around the admissibility and use of such findings in civil proceedings are themselves complex.

Posts tagged Incompetence analyze Ontario discipline decisions involving findings of incompetence, including the conduct at issue and the protective measures imposed.