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The Ontario Government Has Proclaimed the Controlled Act of Psychotherapy:...
The controlled act of psychotherapy (the “Controlled Act”) is now in force. The Ontario government’s proclamation of the Controlled Act was accompanied by the inclusion of a two-year transition period,...
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HPARB Agrees College Complaints Process Not the Appropriate Forum for Doctor...
A recent decision of the Health Professions Appeal and Review Board (“HPARB”) serves as a reminder that not every type of complaint that a person may have about a regulated health professional is...
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Remedial Agreement Appropriate Where Concerns are Acknowledged
This case involved a complaint about the care provided by a psychiatrist to the applicant’s son over the course of eight years. The Inquiries, Complaints and Reports Committee of the College of...
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Courts Wary of “Ghostwritten” Expert Reports
In recent years, there have been a number of court decisions dealing with the role of an expert in litigation. The addition of Rule 53 to the Rules of Civil Procedure addressed some concerns raised by...
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Sexual abuse case a cautionary tale for physicians
An unusual disciplinary case against a physician shows how broadly medical regulators interpret doctor-patient relationships, Lonny tells AdvocateDaily. In a story on the case, the Toronto Star lays...
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CTV News: Is it OK to Secretly Record Your Doctor?
Elyse weighs in on the rising trend of doctor-patient recordings in this CTV News interview. Watch the Segments
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Judicial Review of Academic Discipline Decision Not Available where Right of...
In this blog post, we summarize the case of Bastien v. University of Toronto, 2017 ONSC 6937, a recent decision from the Ontario Divisional Court. Although the case specifically involved a physician’s...
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Rigid Adherence to Clinic’s Rules and Procedures Results in College Complaint...
The Health Professions Appeal and Review Board (“HPARB”) recently confirmed a decision of the Inquiries, Complaints and Reports Committee (“ICRC”) of the College of Physicians and Surgeons of Ontario...
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Dismissed charges not evidence of misconduct for health professionals
Health professionals with charges before the courts need the assistance of a criminal lawyer, but they should also access the legal services of counsel who handle regulatory matters to deal with...
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Health professionals: be alive to issues arising from patient cannabis use
Health professionals must prepare for a spike in cannabis use among patients following the drug’s legalization later this year, Lonny Rosen tells AdvocateDaily.com. The federal government recently...
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Be Mindful of Health Professional/Patient Relationship Boundaries
Engaging with Your Patient on Social Media? Want to Hire a Patient as an Employee? Be Mindful of Health Professional/Patient Relationship Boundaries A health professional is in a position of power and...
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Avoid intimate relationships with patients, clients
A regulated health professional will have their certificate of registration revoked if they become involved in a sexual relationship with a patient or client Elyse tells AdvocateDaily.com. “Even if the...
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What Is A “Review” At The Health Professions Appeal And Review Board? Plus,...
The Health Professions Appeal and Review Board (the “Board”) is an independent adjudicative agency that, on request, reviews decisions made by the Inquiries, Complaints and Reports Committee (the...
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Discipline committees can appoint counsel to assist in certain cases
Self-represented parties are a fact of life for most regulatory tribunals, but there are circumstances where legal counsel can be appointed to assist, to the benefit of everyone involved, Lonny Rosen...
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Health professionals must address clients recording of discussions
Health professionals need to have clear guidelines about whether clients can record their discussions, with those either posted in the waiting room or discussed at the beginning of the appointment,...
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Health Professionals’ Obligations to Report where Patients may be Unfit to Drive
Imagine this scenario: Your patient recently had a seizure for which he saw a neurologist. He was diagnosed with epilepsy. He sees you, his physician, nurse practitioner or optometrist, for a routine...
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CMAJ News: Health sector preaches patient privacy, but what about physician...
The Canadian Medical Protective Association (CMPA) has seen an increased in the number of calls from physicians worried about patients recording appointments in recent years, according to Dr. Daniel...
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Questions remain over ‘laudable’ 911 service change proposal
The provincial government’s proposal to amend regulations around how ambulance and the 911 services work has some laudable goals along with potential hotspots, says Elyse Sunshine. Sunshine says the...
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Multi-Parent Families – Considerations for Health Care Providers and...
A new study published by the Canadian Medical Association Journal (“CMAJ”) explores the experiences of Canadian polyamorous [1] families during pregnancy and birth. The participants of the study were...
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Issues persist with health workers understanding privacy rules
With cases of health record “snooping” continuing to emerge in Canadian clinics and hospitals, organizations should be sure that they are providing appropriate guidance and training to employees with...
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