Ontario’s new Patient Ombudsman

Recently here at DDO we were discussing the role and powers of the Patient Ombudsman. The Patient Ombudsman has jurisdiction to resolve complaints about health service organizations such as public hospitals, long-term care facilities, and certain services provided by the LHINs.

The Patient Ombudsman is an office of last resort – so people having complaints must first explore resolution directly with their health service organization. When a complaint is filed, the Patient Ombudsman will ensure that no other body has jurisdiction over the complaint and, with patient consent, will try to facilitate resolution by contacting the health sector organization.

The Patient Ombudsman may investigate complaints where a facilitated resolution is unsuccessful. Health sector organizations such as hospitals and long-term care homes will be well placed to respond to inquiries from the Patient Ombudsman if their internal processes for addressing complaints are robust, thorough, and comprehensive.

For more information about the Patient Ombudsman, for help in crafting a robust complaint process, or for help in responding to an inquiry from the PO, please contact me at spalter@ddohealthlaw.com.

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

 

Bill 87 – Protecting Patients Act, 2017

The Bill received royal assent on May 30, 2017.

The Bill implements health measures and measures relating to seniors by enacting, amending or repealing various statutes.  The following acts are amended:

  • Drug and Pharmacies Regulation Act
    • The Act was amended to facilitate implementation of interim orders regarding suspensions and imposition of terms, conditions and limitations.
  • Immunization of School Pupils Act
    • The Act is amended to require parents to complete immunization education sessions before filing a statement of conscience or religious belief; expand the categories of people who provide statements re immunizing agents; and requiring agents who administer immunizations to provide information.
  • Laboratory and Specimen Collection Centre Licensing Act
    • Some of the amendments to the Act include: new definitions (i.e. Laboratory facility); emergency suspension of licenses; powers of inspectors are changed; revisions to prosecutions of offences under the Act.
    • Some other acts are also amended as a result of the changes in this Act
      • Animals for Research Act
      • Health Insurance Act
      • Public Hospitals Act
  • Ontario Drug Benefit Act
    • The Act is amended to add a new definition for an “authorized prescriber” and “registered nurse in extended class”, and the regulations can incorporate documents by reference as amended.
  • Regulated Health Professions Act
    • The Act and its Health Professions Procedural Code (“Code”) has been amended. Some of the amendments to the Act include:
      • S. 36.1 is expanded to include health human resources research
      • Minister given power to make regulations respecting committees and panels
      • Information in the register that is required by the College to take note is expanded
      • Definition of “Parent” has been expanded for the purposes of the sexual abuse provisions of the Code
      • Inquiries, Complaints and Reports Committee may make an order for interim suspension of the member’s certificate of registration
      • Imposition of gender-based terms, conditions or limitations on certificate of registration is prohibited
      • Grounds for mandatory revocation of a certificate of a member who has sexually abused a patient is expanded
      • Members are required to report to the Registrar if they belong to professional bodies outside of Ontario
      • Members are required to report to the Registrar if they have been charged with an offence
      • Mandatory programs for Colleges to provide funding for therapy and counselling for patients who were sexually abused by members is expanded
      • Penalties for failing to report sexual abuse of patients is increased

 

The Elderly Persons Centres Act is repealed and replaced with a new Seniors Active Living Centres Act, 2017. The Act is amended to allow an operator that is NOT an individual to obtain funding from Minster Responsible for Seniors Affairs to establish a program if a director appointed by the Minister approves of the operator and the program (it must promote active and healthy living, social engagement and learning for seniors).

 

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=4477

 

Regulations

  • No regulations of interest.

 

Articles of Interest

 

Health Care Funding

Building a Stronger, Healthier Ontario

 

Opioids Crisis

Alberta commission to tackle overdose crisis

Ohio Sues 5 Major Drug Companies For ‘Fueling Opioid Epidemic’

MAID

Dying at home: What I learned from my husband’s death

Seniors and Health

‘This must be God.’ Woodstock nurse describes ‘red surge’ she felt before killing eight seniors

It’s wrong to see older Canadians as a drain on the system

Self-care

Is impostor syndrome holding you back at work?

How delaying meal times can affect your body clock

Reality check: Should you wash your hands in warm or cold water?

Here’s how much screen time your kids should be getting, according to new recommendations

Do Carrots Really Help Your Vision?

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