ontario regulation 378/12

made under the

physiotherapy act, 1991

Made: July 15, 2011
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. 532/98

(General)

1. Part I of Ontario Regulation 532/98 is revoked and the following substituted:

PART I
QUALITY ASSURANCE

General

1. 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;

“program” means the quality assurance program required by section 80 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.

2. (1) The Committee shall administer the program.

(2) The program shall include the following components:

1. Self-assessments.

2. Continuing education or professional development designed to,

i. promote continuing competence and continuous quality improvement among the members,

ii. promote interprofessional collaboration,

iii. address changes in practice environments, and

iv. incorporate standards of practice, advances in technology, changes made to entry to practice competencies and other relevant issues in the discretion of the Council.

3. Peer and practice assessments, including continuing education programs or remediation, if needed.

4. Collection, analysis and dissemination of information.

5. A mechanism for the College to monitor members’ participation in, and compliance with, the program.

(3) Every member shall comply with the requirements of the program.

Self-Assessment

3. (1) Every member shall conduct an annual self-assessment.

(2) Every member shall keep a record of his or her annual self-assessment in the form and manner approved by the Committee and shall retain the record for at least five years following the self-assessment.

(3) At the request of the Committee, an assessor or a College employee, a member shall provide to the Committee, the assessor or the College employee, within the time period specified in the request or, where no time period is specified, within 30 days after receiving the request,

(a) complete and accurate information about the member’s annual self-assessments; and

(b) the member’s annual self-assessment records described in subsection (2).

Continuing Education and Professional Development

4. (1) Every member shall participate annually in continuing education or professional development to the extent necessary to maintain the knowledge, skill and judgment required to practice the profession.

(2) Every member shall keep a record of his or her continuing education or professional development in the form and manner approved by the Committee and shall retain the record for at least five years.

(3) At the request of the Committee, an assessor or a College employee, a member shall provide to the Committee, the assessor or the College employee, within the time period specified in the request or, where no time period is specified, within 30 days after receiving the request,

(a) complete and accurate information about the member’s continuing education or professional development; and

(b) the member’s continuing education and professional development records described in subsection (2).

Peer and Practice Assessment

5. (1) Each year, the Committee shall select members to undergo a peer and practice assessment in order to assess 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; or

(c) if a request to view the member’s records is made under clause 3 (3) (b) or 4 (3) (b) and the Committee or an assessor is of the opinion that the member has not provided sufficient records or that the member’s records demonstrate that the member has not engaged in adequate self-assessments, continuing education or professional development.

(3) A peer and practice assessment may include,

(a) inspecting the premises where the member practises;

(b) reviewing the member’s records required under subsections 3 (2) and 4 (2);

(c) reviewing information respecting patient care and the member’s records of the care of patients;

(d) requiring the member to answer, orally or in writing, questions about his or her practice;

(e) requiring the member to participate in simulations related to his or her practice;

(f) interviewing or surveying the member and his or her employer, employees, colleagues, peers or patients; and

(g) requiring the member to interview or survey his or her employer, employees, colleagues, peers or patients.

(4) A peer and practice assessment shall be carried out by an assessor.

(5) The assessor shall prepare a written report on each peer and practice assessment and submit it to the Committee.

(6) If, after considering the assessor’s report and any other relevant materials, the Committee is of the opinion that the member’s knowledge, skill or judgment is not satisfactory, the Committee may take any of the actions listed in section 80.2 of the Health Professions Procedural Code, if, before doing so, the Committee,

(a) gives to the member a copy of the assessor’s report and any other relevant materials;

(b) gives to the member notice of the Committee’s opinion and intention to take action;

(c) gives to the member notice of the member’s right to make written submissions to the Committee within a specified time period that is not less than 14 days after receipt of the notice; and

(d) after considering any submissions made by the member, is still of the opinion that the member’s knowledge, skill or judgment is not satisfactory.

(7) Even if the Committee does not provide notice to the member under clause (6) (b), the Committee shall advise the member of the results of the peer and practice assessment.

Collection of Information

6. (1) The Committee may collect and analyze information under this section only for the purposes of administering the program.

(2) The Committee may collect information under this section from members, their educators, employers, partners, associates, patients, the public or the College, in accordance with the provisions of the Act and the Regulated Health Professions Act, 1991.

(3) Information collected under this section may,

(a) relate to the nature and quality of the practice of the profession, standards of practice, advances in technology, changes to entry to practice competencies, or other issues relevant to the program; and

(b) be used to,

(i) establish written standards of practice to promote continuing quality improvement and address changes to the practice of the profession,

(ii) promote interprofessional collaboration,

(iii) make recommendations about changes to the program, or

(iv) publish reports or other documents that contain aggregate or statistical data.

(4) The Committee may only publish reports or other documents under subclause (3) (b) (iv) if,

(a) the reports or other documents do not contain personal information about any individual; and

(b) in the Committee’s opinion, the publication will promote the quality of the practice of the profession.

Commencement

2. This Regulation comes into force on the day it is filed.

Made by:

The Council of the College of Physiotherapists of Ontario:

Jan Robinson

Registrar

Lori Neill

President

Date made: July 15, 2011.