The past several weeks have been a challenging time for everyone. Health professionals have been bombarded with Emergency Orders and other pronouncements that can be confusing and at times seem contradictory.
With the rules and restrictions changing so rapidly, it is advisable to keep an eye on the website, social media feeds, and other communications from your respective regulatory College for your College’s interpretation and position on what you should and should not be doing during the pandemic. While the Emergency Orders and pronouncements apply to a broad spectrum of health professionals, individual Colleges can provide guidance and interpretation about how those orders and pronouncements relate to your specific profession.
But what if you’re still unsure about whether you can provide a particular service to a specific patient/client; or some other aspect of your professional obligations at this uncertain time?
You Can Seek Permission…
Your College is your regulatory authority. It must be respected, and its guidance should be followed.
If you call your College with a question, they may or may not answer it, depending on the circumstances. Document the call carefully, including the date, time, questions asked, and answer received. Do not paraphrase but as much as possible document the actual language used. You should assume that the College is recording your inquiry or at least keeping a documentary record of it.
It is fine to call your College for clarification if you are unsure whether you may or may not be permitted to do something – provided that proposed action is in the future and not an action that you have already taken.
But Seeking Forgiveness is Risky
However, if you call your College to ask about some action that you have already taken, you should be aware that your College’s mandate is to protect the public; and to regulate its members.
Because of that mandate, it is very risky to call your College to tell them about some action you have already taken – and then ask if that action was permissible. The College may respond that it was not something you were permitted to do. Because of the College’s mandate, it cannot just ignore information that you provide, even if you apologize and explain that you did not know the action was not permitted.
In that circumstance, the College can open an investigation into your conduct if what you have done could constitute an act of professional misconduct.
Anything you disclose to your College that gives the College reasonable and probable grounds to believe that you may have committed an act of professional misconduct or are incompetent could give rise to an investigation.
Therefore, if you are unsure about something that has already taken place, it is more advisable to seek legal advice. A lawyer’s duty is only to you. Your communications are confidential, and he or she can help you decide how best to proceed and to understand what if any risk you are facing because of what has occurred.At Wise Health Law, we act only for members of regulated professions, and our loyalty is undivided. We would be pleased to assist you.
The Chief Medical Officer of Health for Ontario has issued an updated Directive #2 (dated May 26, 2020) for Regulated Health Professionals in the province.
Pursuant to the updated Directive #2, all deferred non-essential and elective services by health care providers may be gradually restarted – subject to the rest of the requirements set out in the Directive.
The updated Directive #2 does not provide particularly detailed guidance to health professionals on how to proceed, likely because it applies to such a broad spectrum of health care and health professionals. It does, however, provide some principles to assist health care providers in making decisions as we enter this transitional period.
In addition to the mask and hand sanitizer shortages, Ontario’s response to COVID-19 highlights the need for more frontline health care workers. Each regulated health profession’s college responded differently, and we have discussed some of those changes in other posts to keep you apprised.
Today, we focus on the College of Physicians and Surgeons of Ontario (CPSO), who set out to increase the number of available and licenced physicians out on the frontlines through certificates of registration that authorize supervised practice of short duration. The temporary licences authorize practice for 30 days.
Undoubtedly, COVID-19 has affected how health professionals practice. Pharmacists across the country are not only experiencing changes in how they practice (for example, accepting emailed prescriptions, where appropriate) but the scope of their practice as well. The latter change is not permanent, although the disruptions in practice may be felt long after the COVID-19 emergency subsides.
On March 19, 2020, Health Canada issued a short-term section 56(1) exemption under the Controlled Drugs and Substances Act (CDSA) that would authorize pharmacists to prescribe, sell, or provide controlled substances in limited circumstances, or transfer prescriptions for controlled substances (the CDSA Exemption).