Privacy of Continuing Competence Documentation

INTRODUCTION

The Saskatchewan College of Midwives (SCM) has requested the Government to propose amendments to The Midwifery Act to provide that documentation collected by members of the College in order to comply with the continuing competence requirements of the College’s Regulatory Bylaws be confidential and not available for use in any legal proceedings. The provision proposed is based on a similar provision contained in The Registered Nurses Act, 1988. While the College cannot prohibit the use of this information in other legal proceedings, it can control the use of it in its own processes.

The policy governs the confidentiality of documentation prepared by a member in complying with the requirements of section 15.4 of the College’s Regulatory Bylaws to maintain continuing competence through a self-reflective and peer-reviewed process that identifies areas of weakness and the development of plans to address them.

POLICY

1. Subject to section 2 of this policy, information obtained by the College from a member in compliance with s. 15.4 of The Midwifery Regulatory Bylaws is confidential and shall not be disclosed to any individual or entity for any purpose other than for the purpose of determining that the member has complied with the requirements of that section and is eligible to have their practising licence renewed.
2. Information provided by a member for the purposes of demonstrating compliance with s. 15.4 of The Midwifery Regulatory Bylaws that is incorrect or inaccurate may be used in professional discipline proceedings only to prove that the member provided false information in order to obtain the renewal of their licence to practise.