Central Health told to apologize to radiologist whose credentials weren't renewed

An investigation of Central Health's human resource practices says a radiologist is owed an apology over how they were disciplined for alleged behaviour problems.

The Office of the Citizens' Representative released a report Thursday detailing its findings from a 2017 investigation into whetherthe health authority used the credentialing process to discipline the radiologist, rather than the process outlined in its bylaws.

A group of 15 doctors had come forward with concerns about the process used for a radiologist at James Paton Memorial Hospital in Gander.

"They were worried that the credentialing process and the credentialing rules could be used for improper purposes," ombudsman Barry Flemingtold CBC Radio's Newfoundland Morning on Friday.

"A lot of them were fully supportive of the radiologist in question, but a number just didn'tknow the ins and outs of what was going on and they had no position with respect to that particular issue."

The radiologist in questionwas accused of having behavioural issues after being passed overfor a promotion, according to Fleming. But former chief of radiology Paula Kennedy, who was not named in the report, told CBClast year she was unfairly passed up for the promotion, and that Central Health retaliated by trying to damage her professional reputation, forcing her out of the hospital.

Credentials not renewed

The credentialing process is how health authorities establish qualifications, assess the background and legitimacy and evaluate medical professionals. Specialists must reapply for credentials every five years, with a checklist completed by the person who the physician reports to.

In this case,the vice-president of medical services was involved in the evaluation and credentialing process of the radiologist, despite being the subject of respectful-workplace complaints and/or litigation, according to the report.

The radiologist was graded acceptable in all clinical areas, except when it comes to working well with others, where she was found not acceptable. Her credentials weren't renewed, effectively making her ineligible to work in her speciality.

"I think in this instance the relationship between the radiologist and management at Central Health was really a stress test," Fleming said.

"It brought into view where some of the weaknesses in the process might exist, and one of the things that we found was the bylaws, the rules that govern the relationship, when stressed, indicated that issues around apprehension of bias and conflict of interest weren'tas strong as they could have been."

Two recommendations

Fleming's report concluded two recommendations be made to Central Health:first, that itsbylaws should be strengthened to address any issues of bias and conflict of interest by anyone taking part in any credentialing or disciplinary processes, and second, that Central Health should issue an apology to the radiologist for using its power for an improper purpose.

"We said that that apology should be forthcoming through the Apology Act. That's a piece of legislation that lets public officials apologize without attracting legal liability," Fleming said.

"We think that's important in this particular instance because there is ongoing litigation."

Central Health has 30 days to take action on the recommendations issued by the Office of the Citizens' Representative.

Bylaws changing

The CEO of Central Health, AndreRobichaud, said the health authoritywill follow both recommendations and will be issuing an apology to the radiologist in question.

A committee hadalready begun work on the revision of the bylaws, she said, with the majority of the group made up of physicians. The committee has been meeting once a week since January.

"It will probably take us a few more months to get those bylaws rewritten and will change the way that we deal with credentialing," Robichaud said.

"We will fall in line with the rest of jurisdictions around Canada and the privileges will be approved the board of directors."

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