DDO Health Law Update

October 25, 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 proposed and approved regulations of interest.

 

Ontario Newsroom

Ontario Investing in Health Care Research

 

Articles of Interest

 

Ontario Health teams

Peterborough seeks Ontario Health Team

 

Health Care

Municipalities pushing back over Ontario health care cuts

Should nurses be allowed to prescribe certain drugs? Ontario wants to know

Vaccines delayed as province’s overcrowded hospital brace for flu season

Charter fight over denial of liver transplants to alcohol abusers can proceed

 

Artificial Intelligence

Using A.I. to Transform Breast Cancer Care

 

Things to do this Weekend

Things to do this weekend in Toronto

Raptors receive NBA’s biggest championship rings ever

Toronto Raptors Championship Ring Ceremony – Oct 22, 2019

DDO Health Law Update

October 18, 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

 

O. REG 275/94

The proposed amendments to Part III (Controlled Acts) and Part V (Delegation) under the Nursing Act, 1991 include:

  • Specifying the conditions that registered nurses (“RNs”) must meet to prescribe and communicate a diagnosis for the purpose of prescribing; drugs and drug categories from which RNs can prescribe; and practice expectations and parameters which RNs are permitted to prescribe.
  • Providing RNs with authority to dispense and administer any medication they are authorized to prescribe.
  • Providing RNs and registered practical nurses (“RPNS”) with authority to dispense and administer any medication that is prescribed by a RN who is authorized to prescribe.
  • Completing additional education that is approved by the College’s Council in order for a RN to prescribe drugs and to communicate a diagnosis for the purpose of prescribing.

Comments deadline: November 17, 2019

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

 

O. Reg 275/94

College of Nurses of Ontario are proposing amendments to the regulation, which will allow RNs and RPNs to independently initiate the controlled act of psychotherapy without an order from a physician or nurse practitioner after Dec 31, 2019 if they meet the conditions of the regulation. These conditions, include but are not limited to:

  • RN or RPN having the knowledge, skill and judgment to safely perform the controlled act and that the RN or RPN has determined the individual’s condition warrants performance of the controlled act.
  • RNs and RPNs are responsible for adhering to the standards of the profession in all aspects of their practice and this expectation will continue to apply to RNS and RPNs performing the controlled act of psychotherapy.

The amendments are intended to ensure patients receiving psychotherapeutic services from RNs and RPNs have continued access to care.

Comments Deadline: November 17, 2019

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

 

Ontario Newsroom

Ontario Providing More Support for Hospitals

Ontario Expanding Home and Community Care in York Region

Ontario Expands Support for Addictions Treatment in Kitchener

Palliative care hotline coming as part of new Guelph health team

Headwaters hospital hires interim CEO Kim Delahunt after departure of Stacey Daub

 

Articles of Interest

Cannabis

Ontario Cannabis Store considers private sector involvement in pot distribution

Why Ontario smokers still flock to the black market 1 year into pot legalization

Cannabis edibles are now legal: Everything you need to know

 

Health Care

Ontario government gives small and medium-sized hospitals more funding

‘Street valium’ deaths prompt public health warnings

Man shocked he had to pay OHIP for hospital stay after winning lawsuit

Religious vaccine objections can’t be traced to biblical sources, scholars say

 

Election

Explainer: Where the major federal parties stand on health care

Make sure you know where to vote on October 21. Here’s how.

 

Things to do this Weekend

Things to do this weekend in Toronto

Best Practices Checklist for Drafting a Data Sharing Agreement

With the rapid advancements in technology and the breadth of data available, public bodies, organizations, and agencies are increasingly sharing information to increase knowledge, conduct research, and inform policies and procedures about public issues.

In Ontario, data sharing between organizations is governed by privacy legislation such as the Personal Health Information and Protection Act (“PHIPA”) and Freedom of Information and Protection of Privacy Act (“FIPPA”). In some cases, it is a statutory requirement that a written data sharing agreement (“DSA”) be established between the parties to set out the terms and conditions under which information is shared:

  • to ensure compliance with applicable laws
  • to ensure the proper safeguards are implemented to prevent unauthorized use, collection and disclosure.

In any event, it is considered best practice that data partners develop a written DSA when sharing information to protect data.

What is in a DSA?

Data sharing can be complex depending on the data partners, type of information, and the flow of information. This is why a DSA must be carefully drafted to ensure that your organization is compliant with applicable privacy laws and that proper safeguards are in place to protect your information. If your organization is involved in the collection, use, and disclosure of information you should consider the following ten questions when drafting a DSA:

  1. Who are the parties that will be collecting, using, and disclosing data?
    • Who will be disclosing or receiving the data?
    • If governed under PHIPA, identify if the party is a:
      1. Health Information Custodian (“HIC”)
      2. Health Information Network Provider (“HINP”)
      3. Electronic Service Provider
      4. Prescribed Entity
      5. Prescribed Registry
      6. Agent
    • Under PHIPA, a party can wear multiple hats (i.e. a party can be both a HIC and a HINP and would have to comply with the obligations as set out in the Act).
    • Will there be a secondary use or disclosure of the data by the recipient?
  1. What is the purpose of data sharing between the parties?
    • If you are disclosing data, you must consider how the receiving party is going to use your data, and for what purpose.
    • Data cannot be collected any more than reasonably necessary to serve the purpose. It is important that DSAs make it clear as to why a party is collecting or using the data.
    • For example, some common purposes under PHIPA include:
      1. Research
      2. Planning, management and analysis of the health system
  1. What information is being shared?
    • Is it personal health information?
    • Is it personal information?
    • Is it de-identified data?
    • Is it other information that is not governed by privacy legislation?
    • Is the information going to be linked to other data sets?
  2. What is the legal authority for collection, use and disclosure of the data? What is the governing legislation?
    • Under what legislation are the parties able to collect, use, and disclose data? This is often dependent on who the party is, and what type of information is being shared.
  3. How will the data be shared between the parties?
    • Will the data be disclosed only from one party to another? Or will it be disclosed both ways?
    • Will there be third party disclosures?
    • It is often helpful to include a flow chart to illustrate how the data is being shared especially in complex situations where there are multiple parties, and uses.
  4. What are the data elements, data sets, time frame, and collection rationale?

  5. How will the data be transferred?
    • What secure method of transfer will be used? Will it be electronic or hard copies?
  6. What is the frequency of data transfer?
    • Is it a one-time disclosure or on-going disclosure (i.e. annual disclosure of information)?
  7. How will the data be retained or destroyed?
    1. In some cases, the data is either returned to the originating party or destroyed after the DSA is terminated or expired. This should be clearly stated in the DSA.
  8. What privacy and security safeguards are in place by the receiving party to ensure your data is protected against unauthorized use?
    • For example:
      1. Administrative Safeguards: Have in place robust policies and procedures governing authorized users collection, use and disclosure of data; establish privacy breach protocols; provide on-going privacy and security training; and monitoring compliance.
      2. Technical Safeguards: Encryption for portable devices; strong passwords; firewalls; and anti-malware scanners.
      3. Physical Safeguards: Use alarm systems and lock rooms where equipment is used to send or receive information; keep portable devices in a secure location, such as a locked drawer or cabinet.

Note that this blog does not constitute legal advice – seek assistance from legal counsel. For assistance in drafting a data sharing agreement, please contact Pamela Seto at pseto@ddohealthlaw.com.

 

DDO Health Law Update

October 11, 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

Health Sector Privacy Officer Training – Last week to register!

 

Ontario Newsroom

Ontario expanding emergency services for patients in Scarborough

Ontario investing in critical hospital improvements for patients in Grimsby

Ontario health minister hires Jim Pine

Ontario More than Doubles Mental Health Funding for Students

Joint Statement by the Deputy Premier and Minister of Health and Associate Minister of Mental Health and Addictions on Mental Illness Awareness Week

Ontario Investing in New Long-Term Care Beds

 

Articles of Interest

 

Ontario Health Team

Local group applies to become an Ontario Health Team

Ontario government names adviser for consultations on public health amalgamations

Algoma OHT submits full application to Ontario Ministry of Health to become an Ontario Health Team

 

Cannabis

Police in Ontario arrest three, dismantle major cannabis grow-op allegedly linked to organized crime

 

Health Care

Exclusive: Federal government cuts reimbursements for military health care, hospitals on the hook for millions

Trudeau promises troops won’t be hurt by health-care fight with provinces

New tools help seniors and their health-care team reduce over-medication, Canadian study finds

Alberta healthcare workers overpaid compares to other provinces: Canadian Taxpayers Federation

 

Privacy

Privacy breaches on the rise, AHS recent target

 

Professional Misconduct

CPSO withdraws sexual abuse allegations against Brian Thicke

LaSalle doctor pleads guilty to possessing child porn

 

Things to do this Weekend

Thanksgiving in Toronto 2019: What’s open, what’s closed

Things to do this weekend in Toronto

 

DDO Health Law Update

October 4, 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

 

Privacy Officer training at Vantage Venues October 17th register today!

In development’ health teams on cusp of approval

No Time for Downtime: 5 Ways to Overcome Data Deluge

 

Government and Health Care Industry Newsroom

Ontario Expanding Hospital Emergency Department in Geraldton

 

Articles of Interest

 

Health Care

Changes to OHIP take effect: What you need to know

Wax in your ears? A visit to the doctor’s office will now cost you in Ontario

Ontario growing as hallway healthcare continues at Sudbury hospital

LHSC planning to close 49 beds at two locations to deal with deficit

 

Privacy

Here’s what we know about the ransomware that hit 3 Ontario hospitals

 

DDO Health Law Update

September 27, 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 Extended to September 30th

 

Government and Health Care Industry Newsroom

Kingston agencies in talks to merge to better support mental health

Ontario consults with Frontline Staff on Health Care Delivery

Ontario investing in more than 500 LTC beds in Bruce-Grey

 

Articles of Interest

 

Cannabis

Lawyers for disqualified Ontario cannabis retail lottery winners say process was unfair

 

Health Care

Tentative deal reached for public health nurses in Sudbury

Banks battle it out in health-care sector as Ontario doctors launch own solution

Quebec resident confirmed as first Canadian case of vaping-related illness

New White River, Ont., clinic gives ‘equal access, equal care’ to small communities

 

Professionalism and Misconduct

Cambridge physician officially reprimanded by College of Physicians and Surgeons of Ontario

Bulk of sexual assault allegations against former doctor happened at GRH: police

‘Heartbreaking and ridiculous,’ says Ontario dental hygienist who lost licence for treating wife

 

Interesting Reads

The secret life of food couriers