Agenda

Day One : Tuesday, April 14, 2020

08:00

60 min

Registration and Continental Breakfast

09:00

15 min

Welcome and Opening Remarks from the Chair

10:00

45 min
Marc Spector Cathi Mietkiewicz

Risk-Based Regulation: A Winning Approach for Proactive Prevention of Harm

Marc Spector, Lawyer, Director of Professional Regulation, College of Early Childhood Educators

Cathi Mietkiewicz, Principal, Mietkiewicz Law

  • 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

10:45

15 min

Networking Break

11:00

45 min
Claude Balthazard Shenda Tanchak

Measuring Up: Meeting the Challenges in Regulatory Performance Measurement

Claude Balthazard, V.P. Regulatory Affairs and Registrar, Human Resources Professional Association

Shenda Tanchak, Principal Consultant, Magnetic North Consulting; Former Registrar and CEO, College of Physiotherapists of Ontario

  • 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

11:45

45 min
Tyler Boggs

Human Rights and the Duty to Accommodate Professionals Fighting Addiction and Mental Illness

Tyler Boggs, Cavalluzzo Shilton McIntyre & Cornish LLP

  • 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?

12:30

60 min

Luncheon

13:30

45 min
Jan Robinson

Impact of Big Data and Artificial Intelligence on Professional Regulation

Jan Robinson, Registrar and CEO, College of Veterinarians of Ontario

  • The growth of data driven practice and rapidly developing technology
  • Role of big data and artificial intelligence and impact on the profession
  • The need to know what to do with data and how to use it 
  • How to transform insights from data into innovative action
  • Innovation and regulation
  • How ‘anticipatory regulation’, quickly becoming recognised as best practice

14:15

15 min

Networking Break

14:30

60 min
Gillian Hnatiw Lai-King Hum Maryan Gemus

Best Practices in Managing the Challenge of Sexual Harassment & Abuse Allegations

Moderator: Gillian Hnatiw, Hnatiw and Co.

Lai-King Hum, Discrimination and Harassment Counsel, DHC Program, Law Society of Ontario; Founder, Hum Law Firm

Maryan Gemus, 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

16:15

45 min
Richard Austin Jennifer Davidson

Update on Privacy and Cyber Security for Regulated Professional Bodies

Richard Austin, Partner, Deeth Williams Wall LLP

Jennifer Davidson, Associate, Deeth Williams Wall LLP

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

17:00

End of Day One

Day Two : Wednesday, April 15, 2020

08:00

60 min

Registration and Continental Breakfast

09:00

15 min

Welcome and Opening Remarks from the Chair

09:15

90 min
Adam Orfanakos

How to Conduct Effective Interviews and Investigations

Adam Orfanakos, Investigations Trainer, Workplace Institute

  • Fundamental principles of an investigation
  • Ensuring your investigation is procedurally fair and ethical
  • Planning an investigation
  • Identifying and obtaining evidence
  • Who do you interview?
  • Conducting objective and thorough interviews
  • Assessing evidence
  • Report writing

10:45

15 min

Networking Break

11:00

60 min
Jane Kidner Irwin Fefergrad

Mediating Disputes Between Members and Patients at The Royal College of Dental Surgeons of Ontario

Jane Kidner, Mediator

Irwin Fefergrad, Registrar, Royal College of Dental Surgeons of Ontario

  • 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

12:00

60 min

Luncheon

13:00

45 min
Joy Peacock

Best Practices in Complaint Management: What CARNA Learned from Its Review by the Professional Standards Authority

Joy Peacock, Chief Executive Officer (CEO) and Registrar, College and Association of Registered Nurses of Alberta

  • 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?

13:45

60 min

Procedural Fairness in Professional Complaints and Discipline Proceedings

Lisa S. Braverman, Barrister & Solicitor, Private Practice

  • 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

14:45

15 min

Networking Break

15:00

45 min
Ted Bober

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

15:45

45 min
Lise Betteridge

Online Communication – Safeguards For Patient/Client Privacy and Confidentiality in the Age of Technology

Lise Betteridge, Registrar and CEO, Ontario College of Social Workers and Social Service Workers

Should you be communicating with clients by e-mail or facebook? Might a client recognize him or herself in your blog? Are clients finding out more about you than you would normally disclose? 

  • Concerns relating to e-mail and facebook
  • Social media and the blurring of boundaries between professional/ public and work life/personal life
  • Appropriate steps for maintaining appropriate boundaries in the age of technology
  • Ability of clients to access information about the practitioner that the practitioner might not otherwise have shared
  • Privacy and security settings to be aware of
  • Need to inform clients of what is appropriate communication
  • Privacy and confidentiality concerns with respect to blogs
  • Need to protect client confidentiality

16:30

End of Day Two

Workshop: Monday, April 13, 2020

09:00

420 min
Patricia Harper
Workshop

Essentials of Professional Regulation

Patricia Harper, Keele Cottrelle, LLP

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This intensive one-day course is an investment that is fundamental to your success and value as an employee. The course hits all the areas you need to know about to really understand how regulatory bodies function. It is designed to provide an important and informed overview of essential departments and college obligations and the unique challenges inherent in each. No matter what your position, you have more to offer as a professional in this dynamic field when you know the overall goals of a regulatory organization, where you fit within the regulatory structure and the challenges regulatory bodies are facing now and into the future.

Learn what’s going on beyond your silo. Invest in your professionalism and overall contribution to the organization. Take a moment to review the agenda and visit our website to reserve your seat. We look forward to seeing you!

1. Statutory Framework and Professional Obligations Governing Regulated Professionals

  • What is self-regulation?
  • What statutes apply to your regulatory body?
  • Enabling legislation: What legislation defines the role, powers, authority and scope of practice of your self-regulating body
  • Other important statutes
    • Statutory powers and procedures legislation, human rights legislation, etc.

2. Responsibilities of Regulatory Bodies

  • Accountability to and protection of the public
  • Obligations to Members
  • The tension between transparency and member privacy

3. Governance

  • Legislation, By-laws, policies and procedures
  • Boards and committees
  • Role of committees, panels, and panel chairs and panel members
  • Role of staff
  • Role of the Registrar

4. Regulations on Entry to Practice and Maintaining Status

  • Registration process
  • Remove unnecessary barriers
  • Role of Registrar and Registration Committee
  • Membership classes and categories
  • What is the good character requirement?
  • Suspension and revocation of membership
  • Resignation
  • Reinstatement
  • Policing of designations and use of titles

5. Human Rights and Accommodation

  • Relationship of disability to incapacity
  • Accommodation in examinations
  • Accommodation in practice
  • Accommodation in the complaints and discipline context

6. Complaints and Discipline
(a) General Introduction

  • Over whom does the regulatory body have jurisdiction?
  • Scope of authority

(b) Complaints

  • Who can initiate a complaint?
  • The role and responsibility of the investigator
  • The role and responsibility of the complaints committee
  • When is a complaint frivolous or vexatious?

(c) The Discipline Committee Process

  • Mandate of the discipline committee
  • Notices and disclosure
  • Disclosure
  • Pre-hearing conferences and motions
  • Evidence and witnesses
  • Agreed statement of facts and joint submissions
  • Hearing rules and procedures
  • Rules of evidence
  • Decision and reasons
  • Appeals

(d) Capacity and Fitness to Practice

  • What does incapacity mean?
  • Similarities and differences between capacity and discipline proceedings
  • Evidence
  • Hearing rules and procedures

7. Professional Guidance, Quality Assurance, Compliance Verification

  • Code of Ethics, Rules of Professional Conduct
  • Practice standards and guidelines
  • Obligation to keep skills up to date – practice assessment and professional development
  • Continuing professional development requirements
  • Self assessment and peer assessment to determine ongoing educational needs
  • Compliance verification and practice inspections

8. Protection of Personal Information

  • Principles of privacy
  • Legislation and regulation
  • Hearings, orders and reasons for decision
  • The public register

9. Stakeholder relations

  • What goes on the public register
  • Communication and education

10. Discussion Items

  • Discussion of traditional versus proactive role of professional colleges
  • Current issues