ontario regulation 379/12
made under the
respiratory therapy act, 1991
Made: July 4, 2012
Approved: November 14, 2012
Filed: November 19, 2012
Published on e-Laws: November 19, 2012
Printed in The Ontario Gazette: December 8, 2012
Amending O. Reg. 596/94
1. Part VI of Ontario Regulation 596/94 is revoked and the following substituted:
32. In this Part,
“assessor” means a person appointed under section 81 of the Health Professions Procedural Code;
“Committee” means the Quality Assurance Committee required by subsection 10 (1) of the Health Professions Procedural Code;
“stratified random sampling” means a sampling where groups of members are,
(a) removed from the pool of members to be sampled, or
(b) weighted to increase or decrease the likelihood of their being selected.
33. (1) The Committee shall administer the quality assurance program.
(2) The quality assurance program shall include the following components:
1. Professional development designed to,
i. promote continuing competence and continuing quality improvement among the members,
ii. address changes in practice environments, and
iii. incorporate standards of practice, advances in technology, changes made to entry to practice competencies and other relevant issues at the discretion of the Council.
3. Peer and practice assessments.
34. The College shall monitor its members’ compliance with the quality assurance program.
Professional Development and Self-Assessment
35. (1) Every member shall, in the form and manner required by the College,
(a) participate in professional development activities, including a professional development cycle; and
(b) conduct self-assessments of his or her knowledge, skill and judgment.
(2) Every member shall, in the form and manner required by the College, maintain records of his or her professional development activities and self-assessments.
(3) At the request of an assessor, the Committee or an employee of the College, a member shall provide to the College within the time period specified in the request or, where no time period is specified, within 30 days after receiving the request, his or her records described in subsection (2).
Peer and Practice Assessment
36. (1) Each year, the Committee shall select members to undergo peer and practice assessments in order to determine whether the members’ knowledge, skill and judgment are satisfactory.
(2) A member may be selected to undergo a peer and practice assessment,
(a) at random, including by stratified random sampling;
(b) on the basis of criteria specified by the Committee and published on the College’s website at least three months before the member is selected on the basis of that criteria;
(c) if a request is made to review the member’s professional development or self-assessment records and,
(i) the member does not provide the requested records,
(ii) the member provides the requested records and the Committee or an assessor is of the opinion that the records provided are either inaccurate or incomplete, or
(iii) the member provides the requested records and the Committee or an assessor is of the opinion that the member has not engaged in sufficient professional development activities or self-assessments; or
(d) if the member has previously undergone a peer and practice assessment and the Committee is of the opinion that the member should be reassessed.
(3) A peer and practice assessment may include,
(a) requiring the member to answer, orally or in writing, including online, questions about the member’s practice;
(b) interviewing or surveying the member or the member’s employer, employees, colleagues, supervisors, peers or patients;
(c) inspecting the premises where the member practises, including reviewing information respecting patient care or the member’s records of the care of patients or of equipment maintenance and quality control;
(d) reviewing the member’s records of professional development and self-assessments; and
(e) requiring the member to participate in simulations, peer assessments, practice setting reviews, case studies or any other mechanism designed to assess the member’s knowledge, skill and judgment.
37. (1) A peer and practice assessment shall be conducted by an assessor.
(2) An assessor may be appointed to conduct a peer and practice assessment even though the person is an employee of the College or is acquainted with the member selected to undergo the assessment.
(3) An assessor may obtain the assistance of other persons for the purposes of conducting a peer and practice assessment.
38. (1) When a member is selected to undergo a peer and practice assessment, the chair of the Committee shall select at least three members of the Committee, in accordance with subsection (2), to form a panel for purposes of reviewing the assessment.
(2) A panel of the Committee shall meet the following requirements:
1. At least one of the members shall be a member of the Council who was appointed by the Lieutenant Governor in Council.
2. At least one of the members shall be both a member of the College and a member of the Council.
(3) If a member of a panel becomes ill or is otherwise unable to continue as a member of the panel,
(a) the panel may continue to act with respect to the assessment if there are at least two members remaining on the panel; or
(b) the chair of the Committee may appoint other members to replace the panel member who is ill or otherwise unable to continue.
39. (1) An assessor shall, after completing an assessment, provide to the panel,
(a) a written report of the results of the assessment and any recommendations the assessor may wish to make, if the assessor is of the opinion that a member’s knowledge, skill or judgment is not satisfactory; or
(b) a written summary of the results of the assessment, if the assessor is of the opinion that the member’s knowledge, skill and judgment are satisfactory.
(2) The panel shall review the assessor’s report or summary of the results of the assessment and any recommendations made by the assessor.
40. (1) After considering the report or summary of results provided to it by an assessor, any submissions made by the member and any other relevant material, the panel may take no further action or may take any action listed in section 80.2 of the Health Professions Procedural Code.
(2) If the panel is considering taking action under section 80.2 of the Health Professions Procedural Code, the panel shall provide to the member,
(a) notice that the member may make written submissions to the panel within 30 days after receiving the notice; and
(b) a copy of the assessor’s report or summary of results required under subsection 39 (1).
(3) If a member receives notice under subsection (1), the member may make written submissions to the panel within 30 days after receiving the notice.
41. (1) If a panel takes action under section 80.2 of the Health Professions Procedural Code, the panel may, at the time it communicates its decision to take action to the member, or at any time after that, require the member to undergo a reassessment to determine whether the member’s knowledge, skill and judgment are satisfactory.
(2) Subsection 36 (3) and sections 37 to 41 apply with necessary modifications to a reassessment.
2. This Regulation comes into force on the day it is filed.
Council of the College of Respiratory Therapists of Ontario:
Date made: July 4, 2012.