ontario regulation 376/12
made under the
Occupational Therapy Act, 1991
Made: May 29, 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. 226/96
1. Part VI of Ontario Regulation 226/96 is revoked and the following substituted:
24. In this Part,
“assessor” means an assessor appointed under section 81 of the Health Professions Procedural Code;
“Committee” means the Quality Assurance Committee;
“program” means the quality assurance program required under 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.
25. (1) The Committee shall administer the program, which shall include the following components:
1. Professional development designed to,
i. promote continuing competence and continuing quality improvement among 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 in the discretion of the Council.
3. Peer and practice assessments.
(2) Every member shall,
(a) participate in the program; and
(b) comply with the requirements of the program.
26. (1) A panel of the Committee may exercise any of the powers and duties of the Committee on behalf of the Committee.
(2) A panel shall be composed of at least three members of the Committee, at least one of whom shall be a person appointed to the Council by the Lieutenant Governor in Council.
Self-Assessment and Professional Development
27. (1) Every member shall carry out his or her self-assessment and professional development activities in the form and manner approved by the Committee.
(2) Every member shall keep records of his or her self-assessment and professional development, including records of the results of any learning modules or self-assessment tools that he or she is required to complete, in the form and manner specified by the Committee.
(3) A member shall retain the self-assessment and professional development records that the member is required to keep under subsection (2) for five years and, on request, shall make them available to the Committee for inspection within 30 days of receiving the request.
(4) The Committee may refer a member to a peer and practice assessment, where, in the opinion of the Committee,
(a) the member’s records that are required to be kept under subsection (2) are not complete or are inadequate; or
(b) the results of any learning module or self-assessment tool are inadequate.
Peer and Practice Assessment
28. (1) Each year the College shall select the names of members required to undergo a peer and practice assessment.
(2) A member is required to undergo a peer and practice assessment to evaluate his or her knowledge, skill and judgment if,
(a) the member’s name is selected at random, including by stratified random sampling;
(b) the member’s name has been in the pool for random sampling for five or more years and has not been selected and the Committee determines that the member should be selected;
(c) the member is referred for a peer and practice assessment under subsection 27 (4);
(d) the member has been assessed previously and the Committee concludes that another peer and practice assessment should be conducted; or
(e) the member is selected 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 the criteria.
(3) The peer and practice assessment may include, but is not limited to,
(a) requiring the member to complete an evaluation tool in the form and manner as specified in the notice advising the member of the requirement;
(b) inspecting the premises where the member practises and his or her records of patient care;
(c) interviewing or surveying persons with whom the member works and the member’s patients;
(d) requiring the member to answer, orally or in writing, including through the means of the Internet, questions that relate to the member’s practice;
(e) requiring the member to participate in one or more evaluations of the member’s knowledge, skill and judgment, including evaluations such as simulated situations, case studies, peer assessment or practice setting reviews; or
(f) reviewing the member’s self-assessment and professional development records.
(4) Subject to subsection (5), an assessor shall carry out the peer and practice assessment.
(5) Where a peer and practice assessment consists initially of the activities listed in clauses (3) (a) and (f), the Committee shall supervise the carrying out of the peer and practice assessment.
(6) Where subsection (5) applies and the Committee, following the carrying out of the activities listed in clauses (3) (a) and (f), is of the opinion that the member’s knowledge, skill or judgment cannot be adequately assessed without subjecting the member to a broader peer and practice assessment, the Committee shall appoint an assessor to carry out the rest of the peer and practice assessment.
(7) The assessor shall prepare a written report of the results of the peer and practice assessment and submit the report to the Committee.
(8) The Committee shall provide a copy of the assessor’s report to the member.
(9) If, after considering the report submitted under subsection (7), the Committee is of the opinion that the member’s knowledge, skill or judgment are not satisfactory, the Committee shall provide notice to the member of its opinion together with 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.
(10) The member may, within the time period specified in the notice mentioned in subsection (9), make written submissions to the Committee.
(11) If, after considering any written submissions made by the member, the Committee is still of the opinion that the member’s knowledge, skill or judgment are not satisfactory, the Committee shall exercise any of the powers under section 80.2 of the Health Professions Procedural Code.
2. This Regulation comes into force on the day it is filed.
Council of the College of Occupational Therapists of Ontario:
Barbara J. Worth
Date made: May 29, 2012.