ontario regulation 346/11

made under the

medicine act, 1991

Made: May 9, 2011
Approved: July 19, 2011
Filed: July 22, 2011
Published on e-Laws: July 26, 2011
Printed in The Ontario Gazette: August 6, 2011


Amending O. Reg. 114/94

(General)

1. Part VII of Ontario Regulation 114/94 is revoked and the following substituted:

Part vii
quality assurance

General

26. In this Part,

“assessor” means an assessor 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.

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

(2) The program shall include the following components:

1. Peer and practice assessments.

2. 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 in the discretion of the Council.

3. Self-assessments.

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

Peer and Practice Assessment

28. (1) The Committee may require a member to undergo a peer and practice assessment.

(2) A peer and practice assessment may include but is not limited to the following:

1. Requiring the member to answer, orally or in writing, questions related to his or her practice, type of practice or both.

2. Inspecting the premises where the member practises.

3. Inspecting the member’s records of the care of patients, including patient charts.

4. Requiring the member to examine simulated patients with problems related to the member’s practice, type of practice or both.

5. Requiring the member to participate in self-assessment other than the self-assessment that is required by subsection 29 (1).

6. Reviewing the member’s record of participation in continuing professional development required by subsection 29 (3).

7. Requiring the member to participate in a cognitive assessment.

8. Observing the member in his or her practice.

9. Interviewing or surveying the member’s patients and persons with whom the member works.

(3) A peer and practice assessment shall be conducted by one or more assessors.

(4) An assessor conducting a peer and practice assessment shall prepare a written report on the assessment and submit it to the Committee.

(5) If, after considering the assessor’s report and any other relevant materials, the Committee is of the opinion that the member’s knowledge, skill and judgment are satisfactory, the Committee shall advise the member of the results of the peer and practice assessment.

(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 action listed in subsection 80.2 (1) 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 under subsection 80.2 (1) of the Health Professions Procedural Code; and

(c) gives the member at least 14 days to make written submissions to the Committee and, 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) Before or while taking action under clauses (6) (a) to (c), the Committee may give the member an opportunity to address the Committee’s concerns about the member’s knowledge, skill or judgment.

(8) The Committee may require a member to undergo a peer and practice reassessment if the Committee has given the member an opportunity under subsection (7) to address the Committee’s concerns or if the Committee has taken action under subsection 80.2 (1) of the Health Professions Procedural Code.

(9) Subsections (1) to (7) apply with necessary modifications to a peer and practice reassessment.

Continuing Professional Development and Self-Assessment

29. (1) Members shall participate in a program of continuing professional development that includes a self-assessment component and that meets the requirements for continuing professional development set by the Royal College of Physicians and Surgeons of Canada or the College of Family Physicians of Canada.

(2) As evidence of a member’s participation in a program of continuing professional development, members shall, each year, provide to the College,

(a) in the case of a program of continuing professional development offered by the Royal College of Physicians and Surgeons of Canada or by the College of Family Physicians of Canada, proof of the member’s participation that is satisfactory to the Committee; or

(b) in the case of a program of continuing professional development offered by an organization other than the Royal College of Physicians and Surgeons of Canada or the College of Family Physicians of Canada that has been approved by the Council for that purpose, written confirmation, satisfactory to the Committee, that the member has completed a program of continuing professional development that meets the requirements for continuing professional development set by the Royal College of Physicians and Surgeons of Canada or the College of Family Physicians of Canada.

(3) A member shall maintain a record of his or her participation in a program of continuing professional development in the form and manner approved by the Committee and shall retain the record for a minimum of 10 years from the date of his or her participation in the program.

(4) At the request of the Committee, an assessor or an employee of the College, a member shall submit his or her record of participation in a program of continuing professional development to the College within the time period specified in the request or, if no time period is specified, within 30 days of the request.

Quality Assurance Information

30. The following information is not quality assurance information:

1. Information relating to assessments conducted by or with the assistance of the Committee for the purpose of informing decisions of the Registration Committee.

2. Information relating to assessments conducted by or with the assistance of the Committee for the purpose of assessing the knowledge, skill and judgment of a member in conjunction with a proposed change in the scope of a member’s practice or where a member’s scope of practice has already changed.

3. Information relating to assessments conducted by or with the assistance of the Committee for the purpose of assessing the knowledge, skill and judgment of a member or a former member in conjunction with that individual’s proposed re-entry to practice.

4. Undertakings between a member and the College.

Commencement

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

Made by:

Council of the College of Physicians and Surgeons of Ontario:

Lynn Thurling

President

Rocco Gerace

Registrar

Date made: May 9, 2011.