REGULATING ONTARIOS HEALTH PROFESSIONS

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Self RegulationThe Canadian Model
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CANADA

• Ten Provinces
• Two Territories

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COMMON FEATURES

• Self Funding
• set own fees
• Professional Control of
• complaints
• investigations
• discipline

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COMPLAINTS/DISCIPLINE

• Processes defined by template
• Professional Control

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COMPLAINTS

• must be written
• not anonymous
• may be investigated
• referred to discipline
• concluded

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DISCIPLINE

• referral certificate of conviction
• reasonable and probable grounds
  misconduct
• cases heard and decided by Panel
• 51 professional peers
• 49 lay members

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REGULATING ONTARIOS HEALTH PROFESSIONS

• Regulated Health Professional Act (RHPA)
• Open, responsive, accountable
• Legal/Procedural
• Scope of Practice/Titles
• Who is regulated/common framework

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THE RHPA

• Purpose Protect the Public
• harm
• fitness to practice
• evolution of practice
• high quality care
• flexibility

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PUBLIC INTEREST/SELF INTEREST

• Broad versus narrow
• Public appointments/meetings
• Accountability to the Minister
• Advisory Council

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SCOPE OF PRACTICE MODEL

• General description of current scope
• Controlled acts
• Harm provision

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The practice of pharmacy is the custody,
compounding and dispensing of drugs, the
provision of non-prescription drugs, health care
aids and devices and the provision of information
related to drug use.
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STRIKING THE BALANCE (1989)

• Protection from harm
• Freedom to choose from safe options
• Evolution of a better health care system

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WEIGHING THE BALALNCE (1999)

• Is the RHPA effective, efficient, flexible,
  and fair?
• protecting the public from harm
• providing high quality care
• making health professional accountable

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PUBLIC INPUT

• Council
• Committees
• Open Meetings
• Open Hearings
• Public Disclosure
• HPRAC

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COUNCIL COMPOSITION

• 15 elected members community
• 2 elected members hospital
• 51
• 1 Dean of Pharmacy
• Appointed lay members 9 - 16
• 49

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CRITERIA FOR REGULATION

• Relevance to MOH jurisdiction
• Risk of Harm
• Sufficiency of supervision
• Alternative Regulatory Mechanism
• Body of Knowledge
• Educational requirements for entry

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CRITERIA FOR REGULATION (contd)

• Leadership favours public interest
• Likelihood of Compliance
• Sufficiency of Membership

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HARM

• degree of risk
• service provided
• examples/complaints

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SUFFICIENCY

• membership numbers
• acceptance of costs
• need to maintain an Association

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CONTROLLED ACTS

• prescribing a hearing aid for a hearing
  impaired person yes
• testing hearing no
• making a hearing instrument - no

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CONTROLLED ACTS
The concept of controlled acts is set out in
RHPA. This means that no one is permitted to
perform a controlled act (13 of which are
specifically referred to in the Act) unless they
have been authorized by their profession specific
Act to do so the controlled act has been
delegated to them by someone authorized to
perform it.
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CONTROLLED ACTS
RHPA also sets out what has become known as the
harm provision which basically states that it
is illegal for anyone other than someone acting
within their own scope of practice to treat or
advise a person with respect to their health
where it is reasonably foreseeable that serious
physical harm may result.