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Spousal Treatment and Sexual Abuse

September 23, 2019

The unfortunate case of a dental hygienist who treated his spouse, and lost his license, has attracted recent media attention. Some of us have been battling for years against what I believe to be an unintended consequence of the language...

Public Interest Standing: British Columbia (Attorney General) v Council of Canadians with Disabilities

June 27, 2022

The Supreme Court of Canada re-visits the law of public interest standing in this recent case regarding mental health legislation in BC.

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The Health Care Consent Act and Minors

November 24, 2024

The Divisional Court reminds healthcare professionals what they need to consider under the Healthcare Consent Act when treating minors.

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CPSO Restrictions on Physicians’ Licenses to Practice Based on Anti-Vaccination Activity

October 29, 2021

In recent weeks, the CPSO has placed restrictions on the certificates of practice of certain physicians, banning them from providing medical exemptions in relation to COVID-19 vaccinations, mandatory mask requirements and testing for COVID-19.

On October 27, 2021, the CPSO suspended one physician from practice entirely related to such activity.

How is the CPSO able to take such action?

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Important Anticipated Changes to the Meaning of “Patient” Under the RHPA

April 06, 2018

The Ministry of Health and Long Term Care has proposed three new regulations under the Regulated Health Professions Act, 1991 (“RHPA”) – the piece of legislation that sets out the powers and process of the various health regulatory colleges in...

Chiropractors: Considerations in Providing “Emergency Care”

March 25, 2020

Effective 11:59 p.m. on March 24, 2020, the Ontario government ordered the closure of “non-essential” workplaces.  The list of “essential” workplaces included “health care professionals providing emergency care including dentists, optometrists and physiotherapists”.

The College of Chiropractors of Ontario (“CCO”) interprets this list as including chiropractors, and we agree.

So the question becomes – what is “emergency care”?

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COVID-19: When to Call your College for Advice

April 14, 2020

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?

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Defending Complaints at the College of Dental Hygienists of Ontario

April 04, 2022

When a complaint against a dental hygienist is received by the College of Dental Hygienists of Ontario, it is first reviewed and investigated by the ICRC.  If the allegations are serious and there is some admissible evidence to prove them, they will be referred to the Discipline Committee for a hearing. 

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Health Care Professionals in Ontario Begin the Restart

May 28, 2020

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.

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Bill 218: Supporting Ontario’s Recovery Act, 2020

October 23, 2020

On October 20, 2020, the Ontario government introduced legislation to provide protection from liability for workers, volunteers and organizations who make “good faith efforts” to comply with federal, provincial or municipal law and public health guidance relating to COVID-19.   

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Lobbyists Push for Change in Provincial Policy on Children’s Medical Records

July 31, 2017

An organization focused on patients with congenital heart defects has been lobbying Ontario’s Minister of Health to change the province’s current policy regarding health records of children. The group wants records to be kept indefinitely, rather than being potentially destroyed...

Ontario Physicians Encouraged to Embrace Digital Technology

January 31, 2020

The Ontario government is currently promoting the increased use of digital resources to manage patient bookings as well as medical records. According to Ontario Health Minister Christine Elliott, the province is looking to allow patients to both schedule and meet...

Foreign Trained Physicians in Canada: Prodigal Physicians Probation Problems

October 18, 2018

Many Canadian students aspire to become medical doctors. However, they face difficult and demanding admission standards to attend a medical school in Canada. The statistics suggest that only twenty-five (25) percent of Canadian applicants are admitted to a medical program...

Cystic Fibrosis Patients Launch Class Action Lawsuit for Coverage of $250,000 Drug

July 26, 2018

A class action lawsuit filed by a group of patients in British Columbia against the federal minister of health alleges that the government’s decision not to cover the costs of a cystic fibrosis (CF) drug violates the Charter of Rights...

Disclosure in Human Research

September 06, 2018

The legal relationship between physicians and their patients can be characterized in different ways depending on the circumstances establishing their association with one another and the complained of actions by the doctor. The way in which the relationship is characterized...

Regulated Health Professionals and Equivalent Program Training

December 27, 2018

The Ontario Divisional Court (ODC) recently addressed the issue of equivalent program training in the context of a regulated health profession (in this case, psychology). At issue was whether or not an applicant who had completed a PhD in Developmental...