This problem came to our attention when we discovered a psychiatrist suspended in Newfoundland and Labrador was allowed to keep working in New Brunswick for 15 months after his suspension in Newfoundland and Labrador. Dr. James B. Hanley’s license had been suspended by the Newfoundland & Labrador College of Physicians and Surgeons while they investigated a complaint that Hanley had sex with a patient.

Hanley was licensed in both Newfoundland & Labrador and New Brunswick. Early in the investigation, he agreed to enter an official undertaking not to practice medicine in NL or in NB until the investigation was complete. This undertaking was important because of the seriousness of the complaint.

The NL College sounded the alarm bell. It issued a Canada-wide notification that Hanley had withdrawn from medicine. However, the NB College and the Department of National Defense allowed him to continue working at Canadian Forces Base Gagetown. The NB College said it would not take action because it did not have the full details of the patient’s complaint. The NB College did not find his suspension problematic, nor the fact that Hanley was breaching his undertaking.

In the spring of 2007, the NL College finished its investigation and officially stripped Hanley of his license. This prompted the NB College to temporarily suspend Hanley’s license. In November, 2007, the NB College finally stripped his license altogether.

The Provincial Advisory Council wants to know how this happened. How could one College of Physicians and Surgeons sound the alarm and another ignore it? How could one province’s College simply dismiss a suspension by another province and allow a doctor to continue practicing--a doctor whom they knew was breaching an undertaking not to practice? If the NB College did not have a responsibility to protect the New Brunswick public from Hanley, who did?

Hanley’s case shows there are different standards between jurisdictions. Right now, it seems suspended doctors who have licenses in more than one jurisdiction can simply move their practice to another region. That leaves the public very vulnerable. Provinces and territories need to have procedures in place which allow them to adopt suspensions and restrictions from other regions.

The NL and NB Advisory Councils have been digging into the issues raised by this case for some time. We are alarmed at how badly it has been handled. The fact that neither the NB College nor the military saw fit to protect the public from Hanley raises many serious questions.

The Coalition of Advisory Councils on the Status of Women has put together a list of recommendations and sent it to government officials and all regional and national bodies that govern physicians.