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Self Regulation The Canadian Model. CANADA. Ten Provinces Two Territories. COMMON FEATURES. Self Funding set own fees Professional Control of complaints investigations discipline. COMPLAINTS/DISCIPLINE. Processes defined by template Professional Control. COMPLAINTS.

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Self Regulation The Canadian Model

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Self RegulationThe Canadian Model


CANADA

  • Ten Provinces

  • Two Territories


COMMON FEATURES

  • Self Funding

    • set own fees

  • Professional Control of

    • complaints

    • investigations

    • discipline


COMPLAINTS/DISCIPLINE

  • Processes defined by template

  • Professional Control


COMPLAINTS

  • must be written

  • not anonymous

  • may be:investigated

  • referred to discipline

    • concluded


DISCIPLINE

  • referral: certificate of conviction

    • reasonable and probable grounds misconduct

  • cases heard and decided by Panel

    • 51% professional peers

    • 49% lay members


  • REGULATING ONTARIO’S HEALTH PROFESSIONS

    • Regulated Health Professional Act (RHPA)

    • Open, responsive, accountable

    • Legal/Procedural

    • Scope of Practice/Titles

    • Who is regulated/common framework


    THE RHPA

    • Purpose: Protect the Public

      • harm

      • fitness to practice

      • evolution of practice

      • high quality care

      • flexibility


    PUBLIC INTEREST/SELF INTEREST

    • Broad versus narrow

    • Public appointments/meetings

    • Accountability to the Minister

    • Advisory Council


    SCOPE OF PRACTICE MODEL

    • General description of current scope

    • Controlled acts

    • Harm provision


    “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.”


    STRIKING THE BALANCE (1989)

    • Protection from harm

    • Freedom to choose from safe options

    • Evolution of a better health care system


    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


    PUBLIC INPUT

    • Council

    • Committees

    • Open Meetings

    • Open Hearings

    • Public Disclosure

    • HPRAC


    COUNCIL COMPOSITION

    • 15 elected members – community

    • 2 elected members – hospital

    • = 51%

    • 1 Dean of Pharmacy

    • Appointed lay members 9 - 16

    • = 49%


    CRITERIA FOR REGULATION

    • Relevance to MOH jurisdiction

    • Risk of Harm

    • Sufficiency of supervision

    • Alternative Regulatory Mechanism

    • Body of Knowledge

    • Educational requirements for entry


    CRITERIA FOR REGULATION (cont’d)

    • Leadership favours public interest

    • Likelihood of Compliance

    • Sufficiency of Membership


    HARM

    • degree of risk

    • service provided

    • examples/complaints


    SUFFICIENCY

    • membership numbers

    • acceptance of costs

    • need to maintain an Association


    CONTROLLED ACTS

    • prescribing a hearing aid for a hearing impaired person – yes

    • testing hearing – no

    • making a hearing instrument - no


    CONTROLLEDACTS

    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.


    CONTROLLEDACTS

    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.


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