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Self Regulation The Canadian Model

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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  1. Self RegulationThe Canadian Model

  2. CANADA • Ten Provinces • Two Territories

  3. COMMON FEATURES • Self Funding • set own fees • Professional Control of • complaints • investigations • discipline

  4. COMPLAINTS/DISCIPLINE • Processes defined by template • Professional Control

  5. COMPLAINTS • must be written • not anonymous • may be: investigated • referred to discipline • concluded

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

  7. REGULATING ONTARIO’S HEALTH PROFESSIONS • Regulated Health Professional Act (RHPA) • Open, responsive, accountable • Legal/Procedural • Scope of Practice/Titles • Who is regulated/common framework

  8. THE RHPA • Purpose: Protect the Public • harm • fitness to practice • evolution of practice • high quality care • flexibility

  9. PUBLIC INTEREST/SELF INTEREST • Broad versus narrow • Public appointments/meetings • Accountability to the Minister • Advisory Council

  10. SCOPE OF PRACTICE MODEL • General description of current scope • Controlled acts • Harm provision

  11. “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.”

  12. STRIKING THE BALANCE (1989) • Protection from harm • Freedom to choose from safe options • Evolution of a better health care system

  13. 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

  14. PUBLIC INPUT • Council • Committees • Open Meetings • Open Hearings • Public Disclosure • HPRAC

  15. COUNCIL COMPOSITION • 15 elected members – community • 2 elected members – hospital • = 51% • 1 Dean of Pharmacy • Appointed lay members 9 - 16 • = 49%

  16. CRITERIA FOR REGULATION • Relevance to MOH jurisdiction • Risk of Harm • Sufficiency of supervision • Alternative Regulatory Mechanism • Body of Knowledge • Educational requirements for entry

  17. CRITERIA FOR REGULATION (cont’d) • Leadership favours public interest • Likelihood of Compliance • Sufficiency of Membership

  18. HARM • degree of risk • service provided • examples/complaints

  19. SUFFICIENCY • membership numbers • acceptance of costs • need to maintain an Association

  20. CONTROLLED ACTS • prescribing a hearing aid for a hearing impaired person – yes • testing hearing – no • making a hearing instrument - no

  21. 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.

  22. 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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