DDO Health Law Update

August 30, 2019: 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 October 28, 2019.

 

Proposed and Approved Regulations

No new and approved regulations of interest.

 

DDO News and Training

 

DDO Health Law Privacy Officer Training – Early Bird Special!

 

Articles of Interest

Digital Health

Big Data and Health

Epic to Gather Records of 20 Million Patients for Medical Research

Most Patients Say They Would Share Records for Medical Research

Ontario Health Teams: Digital Health Playbook

 

Health Care

Calgary Clinic Using New Device for Neural Therapy

OxyContin Maker Purdue Pharma Seeking to Settle 2,000 Lawsuits for Up To $12B

P.E.I. Woman Spending Life Savings Waiting for Lung Transplant in Toronto

 

Public Health

New Analysis Finds Link Between Vaping and Cannabis Use in Teens, Young Adults

Is This the End of Ebola, ‘King’ of All Diseases?

CEO of Vape Company Juul Says Non-Smokers Shouldn’t Use Their Product

World Health Organization Applauds Pinterest’s ‘Leadership’ in Fighting Vaccine Misinformation

DDO Health Law Update

August 23, 2019: 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 October 28, 2019.

 

Proposed and Approved Regulations

 

There are no new and approved regulations of interest.

 

DDO News and Training

DDO Health Law Privacy Officer Training – Early Bird Special!

 

Government Newsroom

Supporting Students – Respecting Parents

Ontario bringing key health services together under one roof in the Ottawa region

Appropriateness Working Group Recommendations

 

Articles of Interest

 

Cannabis

42 Ontario cannabis store licenses to be awarded in 2nd lottery

 

Health Care

Ontario government to scrap ineffective medical tests, duplicative services to cut costs

Critics call it ‘shortsighted’ and ‘wrong’ but Ontario government moving forward with municipal funding cuts

How to end hallway medicine, Part 2: Solving the long-term-care crunch

Ontario scrap certain infertility tests, pre-op assessment to cut costs

Province pledges up to $75M for Orleans Health Hub

HPRAC’s Final Report: Applied Behaviour Analysis: Risk of Harm and Oversight”.

Opinion: Health care cannot modernize unless health policy changes first

National shortage of blood pressure drug shows safeguards are needed, doctors say

 

Professionalism and Misconduct

One of Ontario’s top-billing doctors faces discipline for alleged ‘incompetent’ care and inappropriate billings

 

Interesting Reads

The Woman with 200 kids

Drafting Research Funding Agreements: Potential Landmines

Funding R&D through private sector or charitable donations

Innovations in healthcare are often the result of research and development initiatives. Such initiatives cannot be carried out without funding. Many broader public sector organizations that carry on health-related research in Ontario rely heavily on:

  • partnerships with private sector corporations, and
  • charitable donations from philanthropic individuals and organizations,

to fund their research activities.

Risks

If your broader public sector organization receives funds from corporate partners or charitable donors, then you should ensure that the agreements, through which your organization receives such funds, are properly drafted. If not drafted with some forethought, your organization could agree to contractual obligations that conflict with its legislative or regulatory requirements.

For example, a corporate partner that is providing funding to a public hospital for a research initiative may expect the hospital to utilize the funder’s brand of equipment to carry out the research. However, the purchase of equipment by a public hospital in Ontario must be carried out in compliance with the Broader Public Sector Procurement Directive and the Canada Free Trade Agreement. A hospital cannot purchase a significant piece of equipment without abiding by fair and transparent procurement processes, unless the procurement falls within an exemption or circumstance of non-application under applicable procurement regulations.

As us for guidance

If created with care, a funding agreement could be drafted in a manner that allows a purchasing organization to satisfy conditions imposed on the funds by a funder, while still allowing the purchasing organization to be in compliance with its procurement (and other regulatory) obligations.

DDO would be happy to provide advice on options for drafting your organization’s funding agreements. Contact mgleeson@ddohealthlaw.com.

DDO Health Law Update

August 16, 2019: 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 October 28, 2019.

 

Proposed and Approved Regulations

 

There are no new and approved regulations of interest.

 

DDO Training

 

DDO Health Law Privacy Officer Training – Early Bird Special!

 

Articles of Interest

 

Ontario Health Teams

Durham hopeful of selection as an Ontario Health Team

 

Health Care

Bring in pharmacare now, health experts ask federal leaders

Ontario man walks across country raining awareness for mental health

Ontario government to regulate autism therapists

A doctor’s warning: Safety is at risk in Ontario’s ERs

‘He doesn’t want us to give up on him’, family fights to keep life support

Nursing home residents with advanced dementia often face ‘distressing’ transfer, MDs find

 

Professionalism and Misconduct

Guelph doctor under investigation by Ontario College of Physicians and Surgeons

Edmonton pediatrician charged with child pornography offences

Doctor guilty of sexual abuse but revoking license too harsh court says

The harm to hospitalized patients cost Ontarians more than $1B a year: study

 

AI

Ontario Tech students using AI to teach robots sympathy

CMPA supports appropriate use of AI in healthcare

Blood pressure monitoring could be as simple as a selfie, Canadian researchers says

 

DDO Health Law Update

August 12, 2019: 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 October 28, 2019.

 

Proposed and Approved Regulations

 

  1. REG 329/04 – PHIPA

 

The proposed amendments:

  • Ontario Health will assume current responsibilities of Cancer Care Ontario (“CCO”) under PHIPA as a prescribed entity and prescribed registry, and will also assume responsibilities of eHealth Ontario (“eHO”) for creating and maintaining the provincial electronic health record (“EHR”).
  • Revocation date of the regulation provisions enabling the operation of the EHR from January 1 2020, to January 1, 2021 to ensure eHO or Ontario Health, as the case may be, may continue to create and maintain the EHR while the government continues the work necessary before Part V.1 of PHIPA could be proclaimed into force.

Comments deadline: October 7, 2019

More Information: https://www.ontariocanada.com/registry/view_posting.jsp;jsessionid=afAHE_Jq5vrvgKY1PFsKy9t?language=en&postingId=30070

 

Ontario Newsroom

Ontario launching program to fund out-of-country dialysis services

Ontario improving access to timely care for patients in crisis

Ontario adding more mental health and addictions services for indigenous communities

More tools available for police to find missing seniors

 

Articles of Interest

 

Ontario Health Teams

Guelph health partnerships moves towards OHT

Cambridge area health group reaches next round in Ontario Health Team process

Local push for Ontario Health Team continues

 

Health Care

Ontario needs $5.2B in additional health cuts to reach savings targets: report

Ontario to party fund dialysis for travelers after cutting out-of-country health care

Health group says Ontario must do more to protect children from climate change

Health Sciences North welcomes 25 new doctors

Canada slow to act against shoddy stem cell therapies, new paper argues

 

Privacy

Metrolinx to consult Ontario privacy watchdog before sharing ridership data

Ontario woman files class action against Capital One following data breach

Capital One now contacting millions of Canadians affected by data breach

 

Physicians

‘Manipulating physicians’: How drug reps pitch your doc

 

Professionalism and Misconduct

College cautions outspoken Sudbury doctor

Kelly McParland: The Wettlaufer report is clear – no one is to blame for anything

 

AI

Canada’s chief information officer Alex Benay leaving to join AI startup Mindbridge

Skills evaluation, tailored feedback: McGill AI project could change the way brain surgeons are trained

 

DDO Health Law Update

August 6, 2019: 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 October 28, 2019.

 

Proposed and Approved Regulations

 

No new and approved regulations of interest.

 

Ontario Newsroom

 

Ontario Taking Immediate Action to improve Long-Term Care System

 

DDO Blogs

 

Long-Term Care Home System Strained but Not Broken: Summary of the LTC Homes Inquiry Report

 

Articles of Interest

 

Ontario Health Teams

View the full list of teams: Ontario Health Teams web page.

 

Privacy

Capital One data breach hits about 6 million people in Canada, 100 million in US

Canada’s privacy commissioner opens investigation into Capital One data breach

 

Professionalism

Ontario doctor with history of fraud, misconduct resigns, will not practice in province again

Inside an Ontario fentanyl trafficking ring involving a doctor and a pharmacist

Toronto neurosurgeon who murdered wife to face disciplinary charges

Greed, betrayal and medical misconduct at North York General

 

AI

Will Artificial Intelligence improve health care for everyone?