The Regulation of Health Professionals and Professional Discipline

  • April 12, 2018

Overview

In Ontario, health professions (i.e. dentistry, medicine, chiropody, etc.) are self-regulated. In other words, the regulation of the entry into and practice of the professions has been delegated from the provincial government to the professionals themselves. The basis for such delegation is the recognition that health professionals have specialized knowledge about their practice which makes them more adept at regulating their profession than would be the case with government. In Ontario, there are 26 “Colleges” which each regulate the practice of a specific health profession. The Colleges do things such as establish policies concerning treatment, investigate complaints made about practitioners, discipline practitioners, etc. The Colleges function in a fashion akin to the Law Society of Ontario.

The Legislative Framework

The Regulated Health Professions Act, 1991 provides the framework through which the Colleges regulate health professionals. In particular, the Health Professions Procedural Code, which is a Schedule to the RHPA, provides a framework for, among other things, investigating complaints, disciplining practitioners, registering as a practitioner, etc.

The Colleges

There are 26 Colleges which fall under the authority of the RHPA. What follows is a list of those Colleges as well as a link to each College’s statute, website, and discipline committee decisions.

College of Audiologists and Speech-Language Pathologists of Ontario

College of Chiropodists of Ontario

College of Chiropractors of Ontario

College of Dental Hygienists of Ontario

College of Dental Technologists of Ontario

Royal College of Dental Surgeons of Ontario

College of Denturists of Ontario

College of Dietetians of Ontario

College of Homeopaths of Ontario

College of Kinesiologists of Ontario

College of Massage Therapists of Ontario

College of Medical Laboratory Technologists of Ontario

Medical Laboratory Technology Act, 1991: https://www.ontario.ca/laws/statute/91m28

College of Medical Radiation Technologists of Ontario

Medical Radiation Technology Act, 1991: https://www.ontario.ca/laws/statute/91m29

College of Physicians and Surgeons of Ontario

Medicine Act, 1991: https://www.ontario.ca/laws/statute/91m30

College of Midwives of Ontario

Midwifery Act, 1991: https://www.ontario.ca/laws/statute/91m31

College of Naturopaths of Ontario

Naturopathy Act, 2007: https://www.ontario.ca/laws/statute/07n10

College of Nurses of Ontario

·         Nursing Act, 1991: https://www.ontario.ca/laws/statute/91n32

·         College website: https://www.cno.org/

·         Discipline Committee Decisions: https://www.canlii.org/en/on/oncno/

College of Occupational Therapists of Ontario

·         Occupational Therapy Act, 1991: https://www.ontario.ca/laws/statute/91o33

·         College website: https://www.coto.org/

·         Discipline Committee Decisions: https://www.coto.org/about/what-we-do/discipline

College of Opticians of Ontario

Opticianry Act, 1991: https://www.ontario.ca/laws/statute/91o34

; College website: http://www.coptont.org/HOME/index.php

Discipline Committee Decisions: http://www.coptont.org/DISCIPLINE/discipline.php

College of Optometrists of Ontario

Optometry Act, 1991: https://www.ontario.ca/laws/statute/91o35

College website: https://www.collegeoptom.on.ca/

Discipline Committee Decision: https://www.canlii.org/en/on/onco/

Ontario College of Pharmacists

Pharmacy Act, 1991: https://www.ontario.ca/laws/statute/91p36

College website: http://www.ocpinfo.com/

Discipline Committee Decisions: https://www.canlii.org/en/on/oncpdc/

College of Physiotherapists of Ontario

Physiotherapy Act, 1991: https://www.ontario.ca/laws/statute/91p37

College website: https://www.collegept.org/

Discipline Committee Decisions: https://www.canlii.org/en/on/oncpo/

College of Psychologists of Ontario

Psychology Act, 1991: https://www.ontario.ca/laws/statute/91p38

College website: http://www.cpo.on.ca/

Discipline Committee Decision: decisions appear on a Member’s page on the public register, i.e. a database of all practitioners, available here: https://members.cpo.on.ca/public_register/new

College of Registered Psychotherapists of Ontario

Psychotherapy Act, 2007: https://www.ontario.ca/laws/statute/07p10

College website: https://www.crpo.ca/

Discipline Committee Decision: https://www.crpo.ca/discipline/

College of Respiratory Therapists of Ontario

Respiratory Therapy Act, 1991: https://www.ontario.ca/laws/statute/91r39

College website: http://www.crto.on.ca/

Discipline Committee: decisions appear on a Member’s page on the public register, i.e. a database of all practitioners, available here: https://members.crto.on.ca/crto/CRTO/PublicDirectory/Public_Directory_Member/Public_Register/PublicRegisterMember.aspx

 

College of Traditional Chinese Medicine Practitioners and Acupuncturists of Ontario

Traditional Chinese Medicine Act, 2006: https://www.ontario.ca/laws/statute/06t27

College website: https://www.ctcmpao.on.ca

Discipline Committee Decisions: https://www.ctcmpao.on.ca/public/decisions/

Appealing College Decisions

The Health Professions Appeal and Review Board is an independent body which can, on request, review the following types of matters:

The disposition of a complaint filed with a College, unless the matter was referred to the College’s Discipline Committee or for Incapacity Proceedings; and

Decisions concerning the registration of new members of the profession.

Links:

o   HPARB Website: http://www.hparb.on.ca/scripts/English/

o   Decisions: https://www.canlii.org/en/on/onhparb/

Other College decisions, i.e. discipline committee decisions, are appealed to the Ontario Divisional Court. Link:

https://www.canlii.org/en/on/onscdc/

Further Information

For further information, contact a member of the OBA Health Law Section Executive (https://www.oba.org/Sections/Health-Law/Executive) and / or see the OBA Health Law Section materials (https://www.oba.org/Sections/Health-Law/Resources).

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