DDO Health Law Update

February 16, 2018: A weekly scan of new legislation and regulations important to the Ontario health sector, as well as articles of interest.

 

Bills

 

The Ontario Legislature has adjourned until February 20, 2018.

 

Proposed Regulations

  1. Regulation 456/16 – Local Health System Integration Act (“LHSIA”)
  • The Health Shared Services Ontario (“HSSOntario”) was established under the LHSIA to provide corporate services to LHINs and formerly CCACs in support of their expanded mandate. The MOHLTC is seeking to amend s. 3 of the Regulation 456/16 under the LHSIA, which would expand the range of entities to whom HSSOntario can provided shared services to from LHINs to also include “others”.
  • The proposed amendment would enable HSSOntario to provide shared services support to non-LHIN entities. By amending this regulation, the MOHLTC has determined that the regulation would not impose new administrative burdens or financial costs to businesses or the business sector.

Comments Due Date: March 12, 2018

For more Info: http://www.ontariocanada.com/registry/view.do?postingId=26826&language=en

 

  1. Regulation 79/10 – Long-Term Care Homes Act, 2007
  • The MOHLTC is proposing an amendment to the Regulation to allow LTC Rate Reduction Program applicants the following options as an alternative to submitting a Notice of Assessment document with their application form:
    • Provide a copy of Proof of Income Statement (Option –C Print); or
    • Electronically access resident income information from the CRA using an Automated Income Verification (AIV) system upon written authorization
  • The MOHLTC is proposing that the amendments, if approved, would come into effect on May 1, 2018

For more information: http://www.ontariocanada.com/registry/view.do?postingId=26706&language=en

Comments due: March 10, 2018

 

MOHLTC News Room

Ontario Taking Action on Indigenous Health Care

Ontario Investments in Indigenous Health and Wellness

Ontario Creating 128 New Long-Term Care Beds in Havelock

Ontario Planning New Hospital in Picton

 

Articles of Interest

 

Marijuana

Why the cannabis tax will only be one small part of the government windfall

Medical cannabis rules still hazy for Canadian convicts, judgment shows

No pot party for Canada’s landlords who want to limit drug’s use

Statistics Canada turning to sewage to determine pot consumption

Brownies and beer: How edible cannabis businesses plan to cash in on legalization

 

Professional Misconduct

Eye doctors accused of illegal charging patients for cataract surgery: health minister

‘He said, she said’: Sex and sensitivity raised in complaints about doctors

 

Physicians

Residency backlogs could triple for medical school grads, report warns

Canada’s first Canadian-born Black doctor got his MD license in 1861

 

First Nations

Province aims to ‘hand back’ health-care decisions to First Nations within years

 

Privacy

Research: A strong privacy policy can save your company millions

 

What’s happening in our city this weekend:

Things to do this Weekend

 

DDO Health Law Update

February 9, 2018: A weekly scan of new legislation and regulations important to the Ontario health sector, as well as articles of interest.

 

Bills

 

The Ontario Legislature has adjourned until February 20, 2018.

 

Proposed Regulations

 

Regulation 79/10 – Long-Term Care Homes Act, 2007

 

  • Regulation 79/10 would be amended to:
    • Increase maximum Boards of Management reserve for working funds
    • Expand a Boards of Management capacity to borrow for operating purposes
    • Authorize a Board of Management capacity to borrow for capital purposes
  • MOHLTC is proposing that if the amendments, if approved, would come into effect on April 1, 2018.

 

Comments Due: March 8, 2018

For more information: http://www.ontariocanada.com/registry/view.do?postingId=26686&language=en

 

Articles of Interest

 

Marijuana

Full implementation of legal cannabis could be delayed beyond July 1

 

MAID

We have assisted death. Now we need to get the facts about it.

Father Raymond J. de Souza: Apparently it’s OK to violate doctors’ charter rights

 

Professional Misconduct

Patient will be forced to testify against her will in Toronto doctor’s sex abuse case

Commentary: Doctor’s discipline case is example of doing the wrong thing for the right reason

 

DDO Health Law Update

February 2, 2018: A weekly scan of new legislation and regulations important to the Ontario health sector, as well as articles of interest.

 

Bills

 

The Ontario Legislature has adjourned until February 20, 2018.

 

Proposed Regulations

 

  1. O.REG 445/10: General, Excellent Care for All Act, 2010 (ECFAA)

This proposed amending regulation is intended to enable HQO to collect, use, and disclose PHI for 2 purposes:

  • Collecting stories from patients and caregivers relating to their personal experiences in the health care system, and publishing those stories in various places, including on HQO’s website, yearly reports and other publications; and
  • Facilitating the participation of patients and caregivers in public engagement initiatives; specifically HQO’s Patient, Family and Public Advisors Council and the Patient, Family, and Public Advisors Network.

HQO would be prohibited from:

  • collecting, using or disclosing PHI unless it first obtains the express written consent of the person whom the PHI relates or that person’s substitute decision maker;
  • collecting an individual’s PHI indirectly through a third party such as a health service organization; and
  • collecting, using or disclosing PHI if other information will serve the purpose, and from collecting, using or disclosing more PHI than is reasonably necessary.

The HQO Board Chair term limit will be amended to allow for an HQO board member who is designated as chair to be appointed for 1 additional term of up to 3 years, resulting in a maximum length of service on the board of 9 years.

More Information: http://www.ontariocanada.com/registry/view.do?postingId=26627&language=en

Comments Due: March 1, 2018

 

  1. Regulation 552: General, Health Insurance Act (HIS)

This proposed regulation would amend Regulation 552 to make it clear that an insured person receiving in-patient services at a private hospital is entitled to receive accommodation and meals at the standard or public ward level at no extra charge.

More Information: http://www.ontariocanada.com/registry/view.do?postingId=26566&language=en

Comments Due: March 13, 2018

 

MOHLTC Newsroom

Ontario investing in Hospital Beds to Improve Access to Care

Patients and Families in Durham Region to get New State of the Art Hospital Facilities

 

Articles of Interest

Marijuana

Greenhouse growers take chance on cannabis in push for green

From weed to wages: Ontario marijuana producers hit by minimum pay rate hike

MAID

BC doctor predicts ban on assistance death in faith based institutions will go to court

BC has highest rate of medically assisted death in Canada

Fight to the death: Why Canada’s physician-assisted dying debate has only just begun

Special series: A Good Goodbye (Jan 29 – Feb 2 on CBC Radio 1)

Organ Transplant

It’s a Catch 22: Deathly ill patient in ICU barred from liver transplant list unless he enters rehab

Health Care

York Region and public health nurses reach tentative two-year deal

Amazon,  Buffett, and JPMorgan join forces on health care

Mental Health

CMHA wants Ontario to ‘treat mental illness’ like the flu

Let’s talk about mental health of young immigrant and refugee men

 

DDO Health Law Update

January 26, 2018: A weekly scan of new legislation and regulations important to the Ontario health sector, as well as articles of interest.

 

Bills

The Ontario Legislature has adjourned until February 20, 2018.

 

Proposed and Approved Regulations

No proposed and approved regulations of interest.

 

Health Newsroom

Ontario providing free counselling and medication to help youth quit smoking

Toronto shelter users to have better access to health services

 

Articles of Interest

 

Marijuana

Liberal government grant for pot research should’ve come earlier, researchers say

Patients need more support to manage opioid prescription use, report states

Canada sold $1.2 billion of illegal cannabis outside country in 2017, StatCan estimate suggest

Ontario seeks public feedback on allowing cannabis lounges as legalization looms

Ontario landlords push for right to ban cannabis smoking by renters despite tenant laws

 

MAID

Health authority looking to hire someone to help people die

 

Health Care

One dead, nine hospitalized amid influenza outbreak at Seaton House

Hospital overcrowding crisis caused by more than just flu, says Ontario Health Coalition

 

Privacy

Commissioner’s Message for Data Privacy Day – Jan 23, 2018

 

Professional Misconduct

Ontario health minister probing medical regulator’s handling of 1990s complaints against doctors

Pharmacist watchdog investigating two past presidents over payments from drug companies

Law Society of Ontario seeks stronger rules of professional conduct

 

First Nations

New Indigenous Services Ministry aiming to improve health, quality of life

 

#MeToo Movement

Will #MeToo be a turning point for younger girls, too?

RCMP members allege sexual abuse by doctor at Mounties’ health office

Larry Nassar sentenced to up to 175 years in prison for decades of sexual abuse

 

Self-care

How the flu turns deadly

 

What’s happening in our city this weekend:

Things to do this Weekend

Winterlicious (Jan 26 – Feb 8)

 

 

The Controlled Act of Psychotherapy Now in Force

The controlled act of psychotherapy was proclaimed in force on December 30, 2017. It was drafted into the Regulated Health Professions Act in 2007. Controlled acts are acts that are considered inherently dangerous and are restricted to those authorized to perform them by law, or their delegates.  In order to perform a controlled act, you must be a member of a regulatory college authorized to perform that Act, or be a delegate of an authorized professional.

In 2007, the Psychotherapy Act was enacted and it created the College of Registered Psychotherapists and Registered Mental Health Therapists of Ontario.  Companion legislation was amended so that the controlled act of psychotherapy would be authorized to:

  • Nurses
  • Physicians
  • Psychologists
  • Occupational therapists
  • Registered psychotherapists
  • Social workers

However, these provisions were not proclaimed in force, nor was the definition of the controlled act of psychotherapy, until December 30, 2017.

During the intervening period, the College of Psychotherapists was directed to work with 5 other regulatory colleges whose members were to be authorized to provide psychotherapy, to define the meaning of the controlled act. These other colleges are the College of Nurses of Ontario, the College of Psychologists of Ontario, the College of Physicians and Surgeons of Ontario, the College of Occupational Therapists of Ontario and the Ontario College of Social Workers and Social Service Workers.  In June of 2016 the colleges[1] published a document entitled “Understanding the Controlled Act of Psychotherapy[2]”.

In the fall of 2017 the Minister of Health and Long-Term Care referred the matter to its advisory council. The Minister asked HPRAC to further clarify the meaning of the controlled act and to build on the clarification document published by the Colleges[3]. HPRAC submitted its report to the Ministry in November of 2017 but that report has not been released by the Ministry.

In December, the Ministry notified the sector (via Bulletin) that individuals who practise psychotherapy but are not registered with one of the authorized colleges have until December 31, 2019 to determine if they are practising psychotherapy. If so, they must apply for registration with one of the colleges whose members are authorized to perform the controlled act[4]. The Bulletin also notes that the College of Psychotherapists has been instructed by the Ministry to further define the controlled act of psychotherapy and to identify practices that may be exempt from the controlled act of psychotherapy.

Finally, the Bulletin notes that the proclamations align with the Ministry’s objectives to increase accessibility to structured psychotherapy services for individuals with anxiety and depression.  The proclamations are certainly consistent with Health Quality Ontario’s recent recommendation to increase the pool of providers of psychotherapy in order to address prevalent mental health issues such as anxiety and depression. The bulletin further indicates that the Ministry will work with Health Quality Ontario and other stakeholders to provide access to structured psychotherapy services.

 


[1] All colleges except the CPSO participated in the development of the guidance document.
[2] Available on line at https://www.crpo.ca/controlled-act-of-psychotherapy/.
[3] The Minister’s referral letter can be found on line at http://hprac.org/en/links/resources/Letter-to-HPRAC_Aug-4_17-1.pdf .
[4] See the MOHLTC Health Bulletin entitled “New Psychotherapy Requirements to Support Patient Care and Safety”  dated Dec 21, 2017, available on line at http://www.health.gov.on.ca/en/news/bulletin/2017/hb_20171221.aspx .

 

DDO Health Law Update

January 19, 2018: A weekly scan of new legislation and regulations important to the Ontario health sector, as well as articles of interest.

 

Bills

 

 

The Ontario Legislature has adjourned until February 20, 2018.

 

Proposed and Approved Regulations

 

  1. Proposed places of use regulations under the Cannabis Act, 2017
    • The Ministry of the Attorney General is proposing the following:
      1. To prohibit medical cannabis users from using medical cannabis in any form while driving or having care or control of a vehicle or boat, whether or not it is in motion. Users would permitted to consume cannabis if they are a passenger, provided the cannabis is not smoked or vaped.
      2. To ensure medical cannabis users are able to access the medical cannabis, users are to be exempt from the prohibition on transporting cannabis in certain circumstances
      3. To permit the use of recreational cannabis in the following places: hotel, motel and inn rooms; motor vehicles and boats that are used as private residences; and private residences that also act as a workplace, subject to some conditions
      4. To prescribe for greater certainty, places where recreational cannabis cannot be used without limiting the generality of the places of use rules and to ensure alignment with the Smoke-Free Ontario Act, 2017
  • The Ministry is considering various approaches to provide more options for where people can consume cannabis without significantly increasing exposure to secondhand smoke and vapour such as regulated and licensed cannabis consumption lounges and venues.
  • Comments Due: March 5, 2018
  • More Information: http://www.ontariocanada.com/registry/view.do?postingId=26449&language=en

 

  1. Cannabis, Smoke-Free Ontario and Road Safety Statute Law Amendment Act, 2017, Schedule 4, Amendments to the Highway Traffic Act
    • To supplement the legislative amendments in Schedule 4 of the Act related to reducing impaired driving, distracted driving and enhancing vulnerable road user safety, the Ministry of Transportation is soliciting public comment on complementary regulatory amendments.
    • Comments Due: March 4, 2018
    • More Information: http://www.ontariocanada.com/registry/view.do?postingId=26470&language=en

 

  1. Smoke-Free Ontario Act, 2017 Regulation

 

  1. Proposed Regulations Relating to Cannabis Retail and Distribution

 

Health Newsroom

Ontario Improving Access to Health Care for Children in Sudbury

  • Ontario is supporting Health Sciences North to plan an expansion of the children’s health centre in Sudbury

 

Articles of Interest

Marijuana

Canada needs to clear the air – and wipe away criminal records for marijuana

Shoppers Drug Mart signs marijuana supply deal with Tilray Canada

Former TD Bank CEO Ed Clark to head up agency that will sell pot in Ontario

 

Mental Health

Ontario to stop placing inmates with mental health disabilities in solitary confinement

 

Health Care

Toronto doctor urges review of morning sickness drug Diclectin

Morning sickness drug Diclectin doesn’t work, confidential industry documents reviewed by doctor show

Opinion: Tim Hortons’ response undermines health

 

MAID

Terminally ill man to challenge U.K. laws on assisted death

 

Self-care

Too good to be true? Experts clash on whether hitting the gym helps the brain

The importance of taking a break

 

What’s happening in our city this weekend:

Things to do this weekend