The issue in the present case, therefore, is whether the College’s irregular treatment of G.V.’s complaint and allowing the withdrawal of the complaint constituted a breach of its duty of fairness to the respondent despite a properly commenced Registrar-initiated investigation, encompassing the complaint made by G.V. If it did, then proceeding with the Registrar-initiated investigation would be an abuse of process and the College would have exceeded its jurisdiction, as found by the Divisional Court. However, in our view, it did not.The HPPC codifies well-established rules of natural justice and statutorily impose a duty of procedural fairness on the College, even at the investigatory stage of its processes. However, a failure to follow them does not automatically cause a loss of jurisdiction to process a complaint. Quoting the Discipline Committee with approval:
The Panel agrees that, on the surface, ‘abuse of process’ by the College may be a concern given the requirement to process the information in a timely manner. However, given the seriousness of the allegations against the Member and the potential for harm to the public, the irregular process used by the College, in this case, is not sufficient to warrant quashing the allegations against the Member.In addition, the OCA found no prejudice to the member. The College’s failure to abide by its own procedural guidelines did not create any prejudice. The hallmark is prejudice and none existed. At Wise Health Law,we focus on health and administrative law. Our lawyers have significant trial and appellate experience and are passionate about helping health professionals and healthcare organizations understand and protect their legal rights. Based on our highly-specialized knowledge and experience in healthcare litigation, we often receive referrals from other lawyers and legal professionals. Contact us online, or at 416-915-4234 for a consultation.
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).