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remedial measures recommended by the Committee and information

pertaining to the physician’s refusal;

(iv) where the Committee has formed the opinion that the physician has

done or failed to do something which a serious breach of ethics, the

name of the physician and sufficient particulars of the physician’s

action or failure to permit the College to appoint a Preliminary Inquiry

Committee to investigate such action or failure, or to permit the

College to lay a charge of unbecoming, improper, unprofessional or

discreditable conduct against the physician;

(j) Notwithstanding paragraph (10)(i), if the physician with respect to whom

the report is made applies to a court to prevent action being taken by the

College, or if the physician seeks to quash an action taken by the College,

or to appeal from a decision made by the College, or if the physician should

oppose the appointment of a Preliminary Inquiry Committee or a Competency

Committee by the College, the Practice Enhancement Committee shall provide

to the College such additional information as may be necessary to provide the

Court or the College with full information pertaining to the factual basis for the

Committee’s opinion.

(k) Notwithstanding paragraphs (10)(i) and (10)(j) above, the Committee

may, in its absolute discretion, provide additional information to the College

relating to the matters in paragraph 10(h) above, if the Committee concludes

that the information is required by the College to protect the public interest.

(l) The Practice Enhancement Committee shall keep confidential all information

gathered in the course of an assessment of an individual, and shall disclose

such information only in accordance with the provisions of paragraphs (10)(h),

10(i), 10(j) and 10(k). The Practice Enhancement Committee may provide

information to the Council of a general nature, which does not identify the

physicians involved, to permit the Council to assess the Practice Enhancement

Program and to prepare reports of a general nature to the members of

the College. The Council shall maintain confidential all information which it

obtains from the Practice Enhancement Committee and shall not utilize such

information unless:

(i) If the Practice Enhancement Committee has provided this information

to the Council pursuant to paragraphs (10)(h), (10)(i), (10)(j) or

10(k) above, the information may be used solely for the purpose

of determining whether to lay a charge of unbecoming, improper,

unprofessional or discreditable conduct, or to appoint a Preliminary

Inquiry Committee or a Competency Committee, or for the purpose of

an interview conducted by the Council or a Committee appointed by the

Council, and for no other purpose; or

(ii) For the purpose of preparing a report of a general nature by the Council

to the members of the College. Such information shall not identify the

physicians involved.

(m) A witness before a discipline hearing committee or a competency

hearing committee is not liable to be asked and is not permitted to answer

any question or make any statement with respect to any proceeding before

a Practice Enhancement Committee, and may not be asked to produce