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A Caution about Cautions, SCERPs and Remedial Programs - The Impact of Publication

By M. Jill Dougherty | | APRIL 24, 2018
"…Health regulatory colleges should consider the effect of public disclosure of ICRC   screening outcomes on their own decision-making. Traditionally, screening outcomes have been viewed as educational. In upholding ICRC decisions related to cautions, reviewing courts have pointed to the fact that cautions are "remedial in nature" and therefore distinct from sanctions and that they are not recorded in the public register or publicised. If cautions and other screening outcomes are made publicly available, will they be subject to increased judicial scrutiny? Health regulatory colleges may need to consider increasing procedural protections afforded to members at the screening stages to avoid judicial criticism." 
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