… The Board is sympathetic to theThe RN appealed the Board’s findings to the Superior Court, arguing that her evidence and that of the registered psychologist had not been contradicted and had established that she had been suffering from a number of factors including grief, anxiety, and depression which had prevented her from fully appreciating her inability to write the CRNE successfully on her first attempt.
situation. However, theIt is the responsibility of candidates to assess their own personal circumstances in determining when to take the examination. should have known of any side-effects of her medications well before she attempted the examination and she had the opportunity to assess the impact of her mental and emotional state before the attempt.
theThe Court of Appeal found that HPARB’s ultimate conclusion that the RN had not demonstrated exceptional circumstances that would warrant the annulment of her first examination was reasonable, and there was no basis on which to interfere with that conclusion. What Does This Mean for Other Regulated Health Professions? The successful completion of the CRNE is a non-exemptible requirement for registration under the regulations to the Nursing Act. Many other health professions have similar non-exemptible requirements, as well as limitations that may constrain the number of times an examination can be attempted. It can be very challenging to appeal such requirements, even when there are circumstances that suggest that exemptions should be made, as in this case. If you are a regulated health professional and have questions about registration requirements, or would like to appeal a registration or other decision contact Wise Health Law.We focus exclusively on health and administrative law. Our lawyers have significant trial and appellate experience and are passionate about helping regulated health professionals and others in the medical world across the province understand and protect their legal rights. Contact us online, or at 416-915-4234 for a consultation.
could and should have assessed the side effects of her medications and the impact of her mother’s death well before the examination. That is a reasonable conclusion, given that the appellant’s mother died a year earlier, and the appellant had been taking the medications for some time before the examination.
As of July 1, 2021, all Ontario long-term care homes must implement COVID-19 immunization policies for their staff, students, and volunteers — regardless of the frequency or duration of these individuals’ attendance in a home. Current staff, students, and volunteers will have until July 31, 2021 to meet the policy requirements, subject to reasonable extension for unforeseen circumstances. Newly hired individuals will have 30 days from the first day they begin attending at the home.
It is no surprise that the COVID-19 pandemic continues to affect the delivery of health services and the regulation of various health professions.
In a welcomed move, the College of Physicians and Surgeons of Ontario (CPSO) Council recently approved a new registration policy allowing the Registration Committee to issue a Certificate of Registration authorizing Independent Practice to applicants who have not completed Part II of the Medical Council of Canada Qualifying Examination (MCCQE).
The test for the standard of care in medical negligence cases has remained untouched since the Supreme Court of Canada’s 1995 decision in ter Neuzen v. Korn.
On January 18, 2021, the Supreme Court of Canada heard the appeal in Armstrong v. Ward. Their unanimous decision maintains the status quo with respect to the standard of care in medical negligence cases.