Page - 497 - in VULNERABLE - The Law, Policy and Ethics of COVID-19

497Risking It All: Providing Patient Care and Whistleblowing During a Pandemic Similarly, the policies, codes of ethics, and guidelines of regula- tory colleges and professional associations vary widely. Only a few regulatory colleges have whistleblowing policies that impose conse- quences on members who engage in reprisals.42 Certain professional associations have instilled a culture of support for whistleblowers in their codes of ethics.43 Stronger Protection for Whistleblowers In our view, governments, regulatory bodies, professional associa- tions, and health care institutions ought to support and encourage health care workers to disclose unsafe, unethical, and illegal practices and ought to address workers’ fears and protect them against repri- sals. Otherwise, health care workers will be discouraged from rais- ing the alarm where they believe it is necessary to do so. Although a detailed analysis is beyond the scope of this chapter, there are advan- tages and disadvantages associated with the regulation-making by these various bodies.44 For example, laws with strong enforcement provisions are often considered to be more effective than guidelines, which provide recommendations but do not enjoy the same level of enforceability. We recommend a comprehensive framework to protect whistle- blowers, one that includes statutory instruments, regulatory guide- lines, and institutional policies. Statutory instruments should be complemented by professional guidelines and codes of ethics issued by regulatory bodies and professional associations. These instruments should address workers’ need to balance disclosure with their respon- sibility to protect confidential patient information.45 Professional guidelines and codes may be viewed with greater legitimacy by health care workers because they are created by individuals with expertise in their field. Indeed, this may lend further support to self-regulation 42. See for example: College of Dental Hygienists of Ontario, Whistleblower  Policy (August 2017) [CDHO  Whistleblower  Policy]. 43. For example, the CNA, Code of Ethics, supra note 7 at 16, provides that “[n]urses support a climate of trust that sponsors openness, encourages the act of ques- tioning the status quo and supports those who speak out in good faith to address concerns (e.g. whistle-blowing). Nurses protect whistleblowers who have pro- vided reasonable grounds for their concerns.” 44. Joanna Erdman, Vanessa Gruben & Erin Nelson, eds, Canadian Health Law and Policy, 5th ed. (Toronto, LexisNexis Canada, 2017), chapter 6. 45. Gagnon, supra note 30 at 5.