DDO Health Law Update

November 1, 2019: A weekly scan of new legislation and regulations important to the Ontario health sector, as well as articles of interest.

 

Bills

 

Bill 116, Foundations for Promoting and Protecting Mental Health and Addictions Services Act, 2019

 

This Bill introduced by Hon. Christine Elliott, Minister of Health, was carried on First Reading on May 27, 2019. On October 31, 2019, it was at Second Reading. The Bill enacts two Schedules:

  • Schedule 1 – Mental Health and Addictions Centre of Excellence Act, 2019
    • Ontario Health shall establish and maintain within Ontario Health, a Mental Health and Addictions Centre of Excellence.
  • Schedule 2 – Opioid Damages and Health Care Costs Recovery Act, 2019
    • This Schedule enacts the Opioid Damages and Health Care Costs Recovery Act, 2019, and makes a complementary amendment to the Limitations Act, 2002.
    • The Act gives Ontario a direct and distinct action against manufacturers and wholesalers of opioid products to recover costs of health care benefits caused or contributed by an opioid-related wrong.
    • Ontario can recover the cost of health care benefits with respect to particular individual insured persons or on an aggregate basis, with respect to a population of insured persons.
    • The Act also changes the rules with respect to the limitation periods. Section 6 of the Act permits an action for damages or for recovery of the cost of health care benefits, alleged to have been caused or contributed by an opioid-related wrong, to be commenced by Ontario before, or within 15 years after, that section comes into force.

More Information: https://www.ola.org/en/legislative-business/bills/parliament-42/session-1/bill-116

 

Proposed and Approved Regulations

 

  1. Ontario Regulation 275/94 – Registered Nurse (RN) Prescribing: Proposed regulatory amendments to Ontario Regulation 275/94 (General), Part III (Controlled Acts) and Part V (Delegation) under the Nursing Act, 1991: The College is proposing amendments to Ontario Regulation 275/94 (General) made under the Nursing Act, 1991 to authorize RNs to prescribe individual drugs as well as those related to immunization, contraception, wound care, travel health, smoking cessation, and over-the-counter medications. The proposed regulations for RN prescribing specify: (1) the conditions RNs must meet to prescribe and communicate a diagnosis for the purposes of prescribing; (2) drugs and categories from which RNs can prescribe; and (3) practice expectations and parameters upon which RNs are permitted to prescribe.

 

More Information: https://www.ontariocanada.com/registry/view.do?postingId=30571&language=en

 

Comment Due Date: November 17, 2019

 

  1. Ontario Regulation 275/94 – Initiation of Psychotherapy by Registered Nurses and Registered Practical Nurses: The controlled act of psychotherapy was proclaimed on December 30, 2017, adding it to the list of controlled acts in the RHPA. At the same time, a two-year transitional period, ending December 31, 2019, was established. Beginning December 31, 2019, only physicians, nurses, occupational therapists, psychologists, psychotherapists and social workers and social service workers who are authorized by their respective regulatory college will be able to perform the controlled act of psychotherapy. These amendments proposed by the College would allow Registered Nurses (RNs) and Registered Practical Nurses (RPNs) to independently initiate the controlled act of psychotherapy without an order from a physician or nurse practitioner after December 31, 2019, if they meet the conditions of the regulation.

 

More Information: https://www.ontariocanada.com/registry/view.do?postingId=30587&language=en

 

Comment Due Date: November 17, 2019

 

  1. Ontario Regulation 493/17 – Proposed amendments to the Food Premises Regulation 493/17 under the Health Protection and Promotion Act: Currently all food premises operators, with some exceptions, must meet structural and equipment requirements under the Food Premises Regulation 493/17 under the Health Protection and Promotion Act. The Ministry is proposing to exempt food premises that serve low risk foods from certain structural and/or equipment requirements, which would be similar to current exemptions for pre-packaged low risk foods and hot beverages. The Ministry is also proposing to exempt food premises that serve low risk food from the requirement to have a trained food handler on-site during operation.

 

More Information: https://www.ontariocanada.com/registry/view.do?postingId=30848&language=en

 

Comment Due Date: November 27, 2019

 

  1. Ontario Regulation 493/17 – Proposed amendments to the Food Premises Regulation 493/17 under the Health Protection and Promotion Act: Currently the Food Premises Regulation does not, subject to limited exceptions, allow live animals in any room where food is prepared, processed, packaged, served, transported, manufactured, handled, sold, offered for sale or displayed. The Ministry is proposing an exemption that will allow food premise operators the discretion to permit dogs in outdoor eating areas of food premises. The Ministry is also proposing an exemption to allow dogs in a food premise where only pre-packaged or low-risk food items, or both, are manufactured, processed, prepared, stored, handled, displayed, distributed, transported, sold or offered for sale, provided the dogs are in an area of the food premise where food is served, sold, offered for sale or displayed.

 

More Information: https://www.ontariocanada.com/registry/view.do?postingId=30849&language=en

 

Comment Due Date: November 27, 2019

 

  1. Ontario Regulation 136/18 – Proposed Amendments to Ontario Regulation 136/18 (Personal Service Settings) made under the Health Protection and Promotion Act: Proposed regulatory changes would (1) exempt premises that only perform barbering and hairdressing services from Section 5 of the Regulation requiring PSS operators to obtain the name and contact information of the person seeking the service before providing the service – in the event of an accidental exposure name and contact information would be required to be recorded and kept in accordance with Section14(1)4; and (2) exempt premises that only perform barbering and hairdressing services from requiring a dedicated sink for reprocessing equipment (e.g., cleaning of tools) under Section 8(3) of the Personal Service Settings Regulation – these premises would still require a dedicated handwashing sink.

 

More Information: https://www.ontariocanada.com/registry/view.do?postingId=30830&language=en

 

Comment Due Date: November 27, 2019

 

  1. Ontario Regulation 268/18 – Smoke-Free Ontario Act, 2017 Regulation: The Ministry is proposing amendments to Ontario Regulation 268/18 to amend the inventory/sales requirements for existing tobacconists (specialty tobacco stores). The Ministry is also proposing technical amendments to Ontario Regulation 268/18 to allow for the posting of signs that have Ontario’s 2019 Trillium logo.

 

More Information: https://www.ontariocanada.com/registry/view.do?postingId=30829&language=en

 

Comment Due Date: November 27, 2019

 

Ontario Newsroom

 

Deputy Premier and Minister of Health to Make an Announcement

Ontario Encouraging Families to Get Free Flu Shot

Protecting Youth from the Dangers of Vaping

Ontario Investing in Health Care Research

 

Articles of Interest

 

DDO/INQ in the News

Osgoode Hall Law School – Nye Thomas, Law Commission of Ontario & Carole Piovesan ’09, INQ Data Law on AI and the Law

AI Useful for Detecting Breaches, but Training is Vital

 

Health Care

Plain-Packaged Cigarettes to Hit Canadian Shelves as New Regulations Take Effect on Nov. 9

How Boxing Powers Up Your Body, Mind and Spirit

Ebola Survivors Might Not Be Immune to Reinfection, Prompting Concerns Over Care

Vaping Illnesses Rise to 1,888 in U.S. as Pace Picks Up Again

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

July 26, 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 investing in new long-term care beds in Mississauga

Ontario investing in new long-term care beds in Brampton

Supporting seniors and their families through consultations across Ontario

 

Articles of Interest

Ontario Health Teams

Barrie healthcare group given green light to submit an application to form an Ontario Health Team

Southlake, partners get thumbs up to continue Ontario Health Team application

Province approves new Ontario Health Team for Windsor-Essex

Focus of Ontario health care restructuring shifts to the community

 

Health Care

The public inquiry into the safety and security of residents in the long-term care homes system: Inquiry update

BHATIA: The future of health care is digital

Hospital ‘black boxes’ begin providing data that will help reduce distractions, errors in operating room

 

Cannabis

Ontario First Nation divided over fate of legal cannabis grow-op on its land

Flavonoids are the next big thing in marijuana research

 

Public Health

The vaping epidemic is a major public health threat to our kids

How exactly does fat cause cancer?

 

Things to do

30 things to do in Toronto this weekend

New MAID Reporting Requirements

As of November 1, 2018, the federal Ministry of Health released The Regulations for the Monitoring of Medical Assistance in Dying,[1] requiring reporting of medical assistance in dying (MAID) in cases where:

  • medical and nurse practitioners have received a request for MAID in writing and take certain actions, and
  • pharmacists have dispensed a substance in connection with the provision of MAID.

The reporting rules are complex and quite detailed. Please contact either mjdykeman@ddohealthlaw.com or nghalustians@ddohealthlaw.com for more information.

[1] http://www.gazette.gc.ca/rp-pr/p2/2018/2018-08-08/html/sor-dors166-eng.html

Why Use a Fairness Commissioner?

To enhance the integrity of the procurement process, some organizations consider using a fairness commissioner. This blog post provides a brief description of the role and responsibilities of such an individual, along with the potential benefits of implementing this role.

Description

The role of a fairness commissioner was first envisioned in the Bellamy Report (the “Report”), which was released in 2005 following an inquiry commissioned by Justice Denise Bellamy. It was based on the City of Toronto’s Request for Quotation for new computer acquisition needs. The Report highlighted various findings and recommendations pertaining to the procurement process, both specifically related to the inquiry in question and more generally to apply to all types of procurements.

A copy of the Report can be found at:

https://www.toronto.ca/ext/digital_comm/inquiry/inquiry_site/report/index.html

Fairness commissioners tend to be independent third parties, usually acting as consultants, engaged especially used during complex projects. The role of a fairness commissioner should not be limited to a particular time period of the procurement process – they are to be engaged at the beginning and not just merely at the evaluation stage. The Report noted that having the fairness commissioner involved in the development of the evaluation criteria used to assess submissions is just as important as ensuring adherence to the evaluation criteria.

Advantages of a Fairness Commissioner

There are benefits to including a fairness commissioner throughout the procurement process. For example, the Report noted that having a fairness commissioner involved might make it less likely for the private sector to challenge a particular procurement, thereby saving the organization time and resources. Having a fairness commissioner as part of the procurement process also signals that the process will be more fairly managed and could encourage prospective bidders to participate.

Although not very common, procuring entities should consider whether the advantages provided by a fairness commissioner would be of interest. Consideration should be given especially in cases where:

  • the procurement process could be complex or sensitive, or
  • the goods or services procured are of high value.

DDO is available to provide guidance and best practice strategies on all aspects of broader public sector procurement.