DDO Legislative Update

A weekly scan of new legislation and regulations important to the Ontario health sector, as well as articles of interest. 

by Pam Seto

 

Bills

 

  • No new bills of interest

 

Regulations

 

  • O. REG 130/17 – Professional Misconduct and Conflict of Interest
  • This regulation was made under the Pharmacy Act, 1991, revoking O.REG 681/93 – Professional Misconduct. O.REG 130/17 specifies what would be considered acts of professional misconduct. This now includes practicing while impaired or adversely affected by a substance, condition, dysfunction, disorder or circumstance that the members knows or ought to knows impairs or adversely affects ability to practice; performing a controlled act that is otherwise authorized to the member where the performance of that act is for an improper purpose; and failing to keep PHI or PI confidentiality or accessing PHI without professional reason to do so.
  • Effective Date: May 5, 2017

 

Please see regulation: https://www.ontario.ca/laws/regulation/r17130

 

Articles of Interest

 

Opioids Crisis

Joint Statement on Opioid Data

 

MAID

Second Plaintiff added to court challenge of assisted-dying law

 

Mental Health

Indigenous maternal health program aims to address inequality of health care

Calculating the business cost of ignoring mental health

 

Overcrowding of Hospitals

Public Editor: Personal stories give crucial context to Ontario hospital crowding debate

 

Ontario Health Card

Ontario seeking regulation change to allow for online health card renewal

 

Self-care

A little chocolate each week may help prevent a heart flutter

Here’s what your fitness tracker is accurately recording (and what it’s way off on)

Report says Instagram is the worst app for young people’s mental health

A 1-Hour Walk, 3 Times a Week, Has Benefits for Dementia

Things to do in Toronto this Weekend

DDO Legislative Update

A weekly scan of new legislation and regulations important to the Ontario health sector, as well as articles of interest. 

by Pam Seto

Bills

  • No new bills of interest

 

Regulations

  • No new regulations of interest

 

Articles of Interest

 

Opioids Crisis

Bill to make it easier to create safe injection sites becomes law

Ontarians filled 9.2 million opioid prescriptions in 2015-2016, new data shows

Health Minister orders review of opioid guidelines after conflict-of-interest revelations

 

Ontario Doctors

Doctors, province reach tentative deal to send contract disputes to arbitration

 

Health Care Practitioners and Workplace Safety

Keeping Health Care Professionals Safe on the Job

 

Medical Malpractice

Woman who felt surgeons ‘rip her apart’ wins Canada’s first malpractice ruling over waking during operation

 

Health Care Funding

Ontario autism program will soon include direct funding as option

Feds vow to lower ‘unacceptably high drug costs’

 

Birth Certificates

Gender-neutral birth certificates could be issued in Ontario by 2018

 

Interesting Reads

Mohammed Shamji and Elana Fric Shamji: the inside story of a marriage gone horribly wrong

 

Self-care

Here are several easy ways to relieve digital eye strain

Lyme disease is on the rise in Ontario – here’s how to protect yourself

The 20 best doughnuts in Toronto right now

DDO Legislative Update

A weekly scan of new legislation and regulations important to the Ontario health sector, as well as articles of interest. 

by Pam Seto

 

Bill 84 – Medical Assistance in Dying Statute Law Amendment Act, 2017

This Bill received Royal Assent on May 10, 2017.

The Bill amends various acts with respect to medical assistance in dying (MAID).

 The following acts are amended:

  • Coroners Act – A physician or nurse practitioner who provided MAID must notify the coroner and provide the necessary information to determine if the death should be investigated.
  • Excellent Care for All Act, 2005 – Physicians and nurse practitioners, and the people assisting is protected from litigation. The fact that people who receive MAID cannot be used as a reason to deny a right or refuse a benefit that would otherwise be provided under contract or statute.
  • Freedom of Information and Protection of Privacy Act and the Municipal Freedom of Information and Protection of Privacy Act–  Both acts do not apply to identifying information relating to MAID.
  • Vital Statistics Act – Coroner documentation requirements do not apply for MAID if there is no investigation.
  • Workplace Safety and Insurance Act, 1997 – A worker who receives MAID is deemed to have died as a result of the injury or disease for which the worker was determined eligible to receive MAID.

Introduced by Hon. Eric Hoskins, Minister of Health and Long-Term Care.

For more information: http://www.ontla.on.ca/web/bills/bills_detail.do?locale=en&Intranet=&BillID=4460

 

Regulations

 

  • O. REG 114/17 – Excellent Care for All Act, 2010
    • This regulation amends O.REG 445/10 under the Excellent Care for All Act, 2010 by revoking certain provisions as it relates to the Ontario Health Quality Council (i.e. the Council acting as a Crown Agent is revoked).

Effective Date: April 19, 2017

Please see regulation: https://www.ontario.ca/laws/regulation/r17114

 

  •  O.REG 115/17 – Ontario Drug Benefit Act
    • This regulation amends O. REG 201/96 under the Ontario Drug Benefit Act to specify that recipients of professional services that are provided or arranged by a LHIN are eligible persons under the Ontario Drug Benefit program. Once the transfer of CCACS to LHINs is complete, reference to professional services provided by CCAS will be revoked.

Effective Date: April 19, 2017

Please see regulation: https://www.ontario.ca/laws/regulation/r17115

 

  • O.REG 116/17 – Health Insurance Act
    • The proposed amendment to REG 552 of RRO 1990 of the Health Insurance Act would add a reference to recipients of professional services that are provided or arranged by a LHIN.

Effective Date: April 19,2017

Please see regulation: https://www.ontario.ca/laws/regulation/r17116

 

  • O.REG 117/17 – PHIPA
    • The proposed amendment to O.REG 329/04 under PHIPA would designate the LHINs as HICs under PHIPA.
    • Under the Patients First Act, 2016, LHINs are responsible for home and community care, which is currently the function of the CCACs. All the CCAC functions, employees and assets will be eventually transferred to the LHINs. As a result of this change, the LHINs must comply with the privacy obligations set out in PHIPA. In particular, the LHINs would be a HIC for providing or assisting in providing health to an individual,  and for records transferred to it from CCAC.

Effective Date: April 19, 2017

Please see regulation: https://www.ontario.ca/laws/regulation/r17117

 

  • O.REG 118/17 – Home Care and Community Services Act, 1994
    • The regulation amends O. REG 179/95 (Conveyances of Assets) under the Home Care and Community Services Act, 1994 to exempt LHINS from this regulation.

Effective Date: April 19, 2017

Please see regulation: https://www.ontario.ca/laws/regulation/r17118

 

Articles of Interest

MAID

Strident opponent of assisted dying in Canada won’t chair advance request review

 

Health Care Coverage

It’s not just Americans who need to worry about health-care costs: Pape

Bankrupt by Cancer

Ontario parents want help for their developmentally delayed adult-age children

 

Class Actions

Class-action suit initiated over potentially defective defibrillators

 

Interesting Reads

A Suicide Therapist’s Secret Past

 

Self-care

So, you’d like to quit smoking: Why not collect points in the process?

Lifting weights now can help you ace your golden years

How to do a really good job of washing your hands

Are you an emotional eater? Blame your parents, study suggests

 

Nurse practitioner’s role now includes prescribing controlled substances

Nurse practitioners (NPs) fill an important gap in our health care system. In 2007, the first Ontario NP-led clinic opened its doors in Sudbury, and dozens more are now in operation in Ontario.

On April 19, 2017, the role of NPs was expanded. Provided the NP successfully completes the required education, NPs have the authority to prescribe medical cannabis and substances that may be used for medical assistance in dying (MAID).  The education must be approved by the governing council of the College of Nurses of Ontario and must be specifically designed to educate NPs to safely, effectively and ethically prescribe controlled substances.

Before prescribing can occur:

  1. there must be a nurse-patient relationship between the NP and the patient;
  2. the intended use of the substance can only be therapeutic; and
  3. certain information must be contained in the prescription, a copy of which must be retained as part of the patient’s health records.

To see more information, click here http://www.cno.org/en/news/2017/april-2017/nps-can-now-prescribe-controlled-substances/ or access the Nursing Act general regulation: https://www.ontario.ca/laws/regulation/940275#BK39.

Bill 84, the Medical Assistance in Dying Amendment Act, includes limited immunity for NPs who assist with MAID.  NP-led clinics are also given limited immunity in relation to the delivery of MAID. Bill 84 received Royal Assent and became law on May 10th.

For advice concerning NPs in your health care organization, contact Simmie: spalter@ddohealthlaw.com.

Congratulations to Mary Jane Dykeman

Our founding partner Mary Jane Dykeman has been named by the Ontario Bar Association Health Law Section as the second recipient of the Susan Hilary Davidson Memorial Award for Excellence in Health Law.  The award honours lawyers with outstanding achievements in health law.

Mary Jane is a most worthy recipient, having written and lectured prolifically throughout her career on topics close to her heart, including privacy, mental health, and consent and capacity.

The award will be presented to Mary Jane at a dinner at the OBA in Toronto on June 13th.

The award was named for Mary Jane’s good friend Susan Davidson, who was herself an amazing health lawyer and devoted OBA Health Law Section volunteer.

We are all so proud of our colleague!

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