Day One: Tuesday, October 6, 2020
10:00 EDT
15 min
Welcome and Opening Remarks from the Chairs
10:15 EDT
45 min
New Cases, Legislation, Trends & Concerns, Impact of Covid
- Top 10 cases of 2020 involving:
- Procedural fairness and the duty to accommodate
- Charter challenges
- Professional misconduct and defences raised
- A review of the way COVID-19 has affected investigations and disciplinary proceedings
11:00 EDT
45 min
What Does the Public Expect From Professional Regulators?
Craig Roxborough, Manager, Policy Department, College of Physicians and Surgeons of Ontario
- What consultation looks like to the CPSO
- Why and when to engage the public, patients, and caregivers?
- How to engage the public, patients, and caregivers?
- Putting the feedback to work
- What we’ve learned so far
11:45 EDT
45 min
Measuring Up: Meeting the Challenges in Regulatory Performance Measurement
Claude Balthazard, V.P. Regulatory Affairs and Registrar, Human Resources Professional Association
- A new voluntary framework for ensuring your registered professionals possess the relevant knowledge, skills, and behaviours to provide safe, ethical and effective care
- Outcomes Colleges are expected to achieve in four broad domains:
- Regulatory Policy;
- Suitability to Practise;
- Openness and Accountability;
- Good Governance
- Performance standards that form the basis of the performance measurement framework
- Results of each year’s review to be compared with the results from previous years to determine how performance has improved or worsened over time
12:30 EDT
45 minBreak
13:15 EDT
45 min
Human Rights and the Duty to Accommodate Professionals Fighting Addiction and Mental Illness
- Human rights, the duty to accommodate, the duty to protect the public
- Legislation and obligations
- How cases come to light
- How best to deal with members with problems and protect the public
- How do procedures relating to incapacity differ from procedures for discipline
- Transparency and duty to the public versus confidentiality – for the member and the complainant
- Is the duty to accommodate a mitigating factor in discipline?
14:00 EDT
45 min
Risk-Based Regulation: A Winning Approach for Proactive Prevention of Harm
Marc Spector, Lawyer, Director of Professional Regulation, College of Early Childhood Educators
- How does risk-based regulation differ from rule-based regulation?
- Focussing resources and action on what are determined to be the riskiest activities
- Barriers to risk-based regulation
- Systematic collection of information to identify hotspots
- Identifying root causes of hotspots and trends
- Risk based interventions including Quality Assurance, Practice Supports and Education
14:45 EDT
15 minBreak
15:00 EDT
60 min
Best Practices in Managing the Challenge of Sexual Harassment & Abuse Allegations
Moderator: Gillian Hnatiw, Hnatiw and Co.
Maryan Gémus, Manager, Ontario College of Pharmacists
Naakai Garnette, Director, Professional Conduct, College of Massage Therapists of Ontario
- How do we define “sexual harassment”?
- What do we know about the extent of the problem?
- How has the “#MeToo” movement impacted the issue for regulated professionals?
- How do various regulatory bodies handle complaints from patients, clients and/or employees about member professionals?
- From intake to investigation to hearing and all the stops in between
- Working with a complainant: protecting their privacy and securing their cooperation while advocating in the public interest
- Are no-contest pleas fair to complainants?
- Penalties
- What conditions may be imposed on regulated health professionals returning to practice after being disciplined for sexual harassment?
- Appeals/defending against appeals
16:00 EDT
45 min
Update on Privacy and Cyber Security for Regulated Professional Bodies in the Covid-19 Environment
As a series of recent incidents, the highly-publicized ones and those not-so-well-known, have demonstrated, the consequences of a privacy or security breach are dire. This session examines the steps organizations are taking to try to stay ahead of the attacks that are coming at them from all directions, with a special focus on the responsibilities of regulated professionals:
- Regulatory considerations affecting privacy and cyber security
- Preventing the threats: awareness and protection
- Responding to the incidents: best practices for incident response
- The role of employees and contractors
- Insurance: Ensuring you have, and have available, the right Insurance
16:45 EDT
End of Day One
Day Two: Wednesday, October 7, 2020
10:00 EDT
15 min
Welcome and Opening Remarks from the Chair
10:15 EDT
90 min
Overcoming the Challenges of Remote Investigation
- Gaining co-operation of everyone involved
- Managing the various technologies
- Dealing with the issues of maintaining confidentiality
- Gathering and sharing information before during and after interviews
- Interviewing strategies for overcoming obstacles in remote interviews
11:45 EDT
60 min
Mediating Disputes Between Members and Patients
- Why use an external, independent mediator
- What disputes are mediated and which are not?
- The process
- The cost
- Satisfaction level of the parties
- Is the process open or closed?
- Cost/benefit analysis
- Statistics and facts about the program
- Ensuring the appropriate level of transparency
- Remembering the public is at the table
12:45 EDT
45 minBreak
13:30 EDT
45 min
Best Practices in Complaint Management: What CARNA Learned from Its Review by the Professional Standards Authority
- Review by the Professional Standards Authority
- Processes and outcomes assessed against the Standards of Good Regulation developed by the Professional Standards Authority in the UK.
- Findings
- The 14 recommendations for action and improvement
- Action plans
- What’s changed for the better?
- What are the current challenges?
14:15 EDT
60 min
Procedural Fairness in Professional Complaints and Discipline Proceedings
- Principles of administrative law
- Application of natural justice
- Application of fairness
- Content of duty of fairness and implications for professional regulators
- Right to be heard
- Notice – Complaints/Investigative Process
- Notice – Discipline Hearing
- Disclosure – Complaints/Investigative Process
- Disclosure – Discipline Hearing
- Right to unbiased decision maker
- Practical exercises
15:15 EDT
15 minBreak
15:30 EDT
45 min
Managing a Member’s Unprofessional Interpersonal Behaviour to Protect the Public Interest
Ted Bober, Director, Clinical Services, Physician Health Program, Ontario Medical Association
- Relationship of the program to the Regulatory College
- Options for dealing with members who have behaved inappropriately
- What are the options if the problem is addiction, mental health related or incurable?
- What happens if the good will of those dealing with the member in his or her workplace has been lost? When have too many bridges been burned?
- Program track record
- Resources and referrals
16:15 EDT
45 min
Online Communication – Supporting Ethical and Professional Practice in the Age of Social Media
Do your members reach out regularly with questions about communicating with clients online? Are professional boundaries any different now? Have you had concerns about Council or Board members’ use of social media? This session will explore:
- Pressure points – how members and Council members can get into trouble using social media and communicating online
- How regulators can respond to members breaching clients’ privacy and confidentiality online
- How practice resources and governance policies can support the maintenance of clear and appropriate professional boundaries
17:00 EDT
End of Day Two