Home Exemptions Have You Experienced Bullying, Coercion, Intimidation or Refusal from an Ontario physician?
The government of Ontario offers financial incentives to doctors who maintain a high percentage of patient vaccination rates. As a consequence, some physicians are bullying, using intimidation and coercion, and refusing to provide medical care to patients who delay vaccination or do not follow the recommended vaccine schedule. This is unethical behaviour and a violation of a number of codes of professional conduct. It also means the physician is acting with a financial conflict of interest.
If you have experienced bullying, coercion, intimidation or being removed from an Ontario physician’s practice as a result of your vaccination choices, you are encouraged to report these infractions and violations to the Ontario College of Physicians and Surgeons. The following information will assist you to file a formal complaint. Feel free to contact Vaccine Choice Canada if you require any further assistance. Information on how to file a complaint for other provinces and territories will be developed shortly.
Sincerely,
Vaccine Choice Canada
To file a formal complaint, fill in the form available at: http://www.cpso.on.ca/CPSO/media/documents/Positions%20and%20Initiatives/Complaints/Complaint-form-2014_1.pdf
You will be requested to outline the details of your complaint on a separate sheet. Below is a sample complaint for your consideration. (Appendix A)
You will also be asked to summarize the details of your complaint by listing three areas of concern. A sample is below for your consideration. (Appendix B)
Next you will be asked to explain why you are concerned about these areas. A sample response is provided below. (Appendix C)
We suggest, prior to filing a formal complaint, that you write a formal letter to your physician. A sample letter is below. (Appendix D) Include this letter and any response you receive from your physician in your formal complaint.
Finally, you will be asked to describe any efforts you have made to resolve this matter. (Appendix E)
When you have completed the filling out of the formal complaint, print it (keep copies for yourself) and mail to:
The Registrar
c/o Investigations and Resolutions Department
College of Physicians and Surgeons of Ontario
80 College Street
Toronto, ON, M5G 2E2
We encourage you to share a copy of your formal complaint with Vaccine Choice Canada.
Appendix A: Sample Complaint
Dear College of Physicians and Surgeons of Ontario
I am writing to file a formal complaint due to the unethical behaviour of Dr. _____________ . The basis of this complaint are the actions taken by Dr. ____________________ as a result of my decision to vaccinate on an altered vaccine schedule.
I am fully aware that vaccines are voluntary in Canada and that the vaccine schedule is simply a recommended schedule. There is no legal obligation for me to partake in this medical practice with known risks including permanent injury and death.
Dr. __________________________ has chosen to dismiss me as a patient from his/her medical practice solely on the basis of my vaccine decision.
It is unethical for a physician in Ontario to refuse to accept a patient simply because the patient does not consent to vaccinate on the recommended schedule. The College of Physicians and Surgeons of Ontario Policy specifically states – “It would be inappropriate for a physician to discontinue the physician-patient relationship solely because the patient did not follow the physician’s advice with respect to . . . the patient’s decision to refrain from being vaccinated or vaccinating his/ her children.”
Therefore, any doctor refusing to accept patients or dismissing existing patients who do not vaccinate on the recommended schedule means no patient can feel secure with their doctor, as they could be declined care or asked to leave the doctor’s office at any time for non-compliance. Dismissing unvaccinated patients from their practice not only erodes patient trust, this behaviour puts the patient’s ability to access health care from a medical professional familiar with his/her medical history at risk.
The 2018 Recommendations from the Canadian Pediatric Society states – “When faced with parents who refuse to immunize their children, some physicians consider dismissing the family from their practice as an option. However, in the Canadian context there are complex legal, ethical and public health issues in play. Withholding care from a child is unlikely to prompt parents to agree to immunization, cannot be considered to be in the child’s best interests and may violate a health care professional’s ethical-responsibilities.” https://www.cps.ca/en/documents/position/working-with-vaccine-hesitant-parents?fbclid=IwAR28GI0V5SDpFD2Hsh0T26vM69DgYudOE6iwP0ELJTilzkQGZL5aOb_hhYM
Physicians have a professional and legal obligation to provide health services without discrimination. The key values of professionalism articulated in the College’s Practice Guide – compassion, service, altruism and trustworthiness – form the basis for the expectations set out in this policy. Physicians embody these values and uphold the reputation of the profession by, among other things:
Voluntary and Informed Consent
In Ontario it is law that patients must give consent voluntarily. They cannot be pressured into giving consent under threat of losing access to their medical doctor. If a doctor is refusing to accept a patient because the parent or patient is refusing to vaccinate on schedule, then this violates the Ontario Health care Consent Act, as outlined in the elements of consent. The consent must be given voluntarily. It is not voluntary if the treatment (vaccines) is a mandatory requirement for being accepted as a patient. This is the definition of coercion. The following are the elements required for consent to treatment:
The Canadian Charter of Rights and Freedoms – section 2 protects the right of Canadians to choose, based on conscience or religious beliefs.
https://www.canlii.org/en/ca/laws/stat/schedule-b-to-the-canada-act-1982-uk-1982-c-11/latest/schedule-b-to-the-canada-act-1982-uk-1982-c-11.html
Dr. _____________________________________ is clearly acting in violation of his/her ethical and professional codes of conduct.
I also understand that the government of Ontario offers financial incentives to doctors who maintain a high percentage of patient vaccination rates. This means physicians are acting with a financial conflict of interest.
It is my expectation that the College of Physicians and Surgeons will uphold their ethical policies and codes of professional conduct and reprimand and hold accountable Dr. __________________ in a manner appropriate to these violations.
Sincerely,
(name)
Appendix B: Sample Summary of Areas of Concern
We suggest you list the following areas of concern:
Appendix C: Sample Response to explain why you are concerned about these areas
Any doctor refusing to accept patients or dismissing existing patients who do not vaccinate on schedule means no patient can feel secure with their doctor, as they could be declined care or asked to leave the doctor’s office at any time for non-compliance. Dismissing unvaccinated patients from their practice not only erodes patient trust, this behaviour puts the health of patients at risk.
Where the physician’s values differ from those of their patients, or those seeking to become patients, the patient’s best interests must remain paramount.
Appendix D: Sample Letter to Doctor
Dear Dr. __________________
You have communicated your intent to dismiss me and my family from your medical practice solely on the basis of our family’s vaccine decisions. This action is a clear violation of your professional ethics and codes of conduct.
I am fully aware that vaccines are voluntary in Canada and that the vaccine schedule is simply a recommended schedule. There is no legal obligation for me to partake in this medical practice with known risks including permanent injury and death.
It is unethical for a physician in Ontario to refuse to accept a patient simply because the patient does not consent to vaccinate on the recommended schedule. The College of Physicians of Ontario Policy specifically states – “It would be inappropriate for a physician to discontinue the physician-patient relationship solely because the patient did not follow the physician’s advice with respect to . . . the patient’s decision to refrain from being vaccinated or vaccinating his/ her children.” https://www.cpso.on.ca/cpso/media/documents/policies/policy-items/ending-physician-patient-relationship.pdf
All vaccines in Canada are voluntary. Therefore, any doctor refusing to accept patients or dismissing existing patients who do not vaccinate on schedule means no patient can feel secure with their doctor, as they could be declined care or asked to leave the doctor’s office at any time for non-compliance. Dismissing unvaccinated patients from their practice not only erodes patient trust, this behaviour puts the health of patients at risk.
The 2018 Recommendations from the Canadian Pediatric Society states – “When faced with parents who refuse to immunize their children, some physicians consider dismissing the family from their practice as an option. However, in the Canadian context there are complex legal, ethical and public health issues in play Withholding care from a child is unlikely to prompt parents to agree to immunization, cannot be considered to be in the child’s best interests and may violate a health care professional’s ethical-responsibilities.” https://www.cps.ca/en/documents/position/working-with-vaccine-hesitant-parents?fbclid=IwAR28GI0V5SDpFD2Hsh0T26vM69DgYudOE6iwP0ELJTilzkQGZL5aOb_hhYM
Physicians have a professional and legal obligation to provide health services without discrimination. The key values of professionalism articulated in the College’s Practice Guide – compassion, service, altruism and trustworthiness – form the basis for the expectations set out in this policy. Physicians embody these values and uphold the reputation of the profession by, among other things:
Voluntary and Informed Consent
In Ontario it is law that patients must give consent voluntarily. They cannot be pressured into giving consent to vaccinating themselves or their child under threat of losing access to their medical doctor. If a doctor is refusing to accept a patient because the parent or patient is refusing to vaccinate on schedule, then this violates the Ontario Health care Consent Act, as outlined in the elements of consent. The consent must be given voluntarily. It is not voluntary if the treatment (vaccines) is a mandatory requirement for being accepted as a patient. This is the definition of coercion. The following are the elements required for consent to treatment:
The Canadian Charter of Rights and Freedoms – section 2 protects the right of Canadians to choose, based on conscience or religious beliefs.
https://www.canlii.org/en/ca/laws/stat/schedule-b-to-the-canada-act-1982-uk-1982-c-11/latest/schedule-b-to-the-canada-act-1982-uk-1982-c-11.html
I also understand that the government of Ontario offers financial incentives to doctors who maintain a high percentage of patient vaccination rates. This means physicians are acting with a financial conflict of interest.
Dr. _____________________________________, you are clearly acting in violation of your ethical and professional codes of conduct. It is my expectation that you will uphold your code of ethics and of professional conduct as determined by the College of Physicians and Surgeons in Ontario.
Sincerely,
(name)
Appendix E: Sample Response to Efforts Taken to Resolve this Matter
The following letter was addressed to Dr. _________________________________ in an effort to resolve this matter. The response I received from Dr. _________________________ was: