RIGHT-TOUCH REGULATION
College asks government
for reduction in red tape
Strategy will achieve a more effective, efficient regulatory body
T
he College has asked the Ontario
government for greater discretion to
triage complaints that would allow
us to focus regulatory activity on
those complaints that most impact public safety.
In a letter to Christine Elliott, the Minister
of Health and Long-Term Care, the College
noted our recent adoption of right-touch regu-
lation and our efforts
to improve the timeli-
ness and effectiveness
of core regulatory
functions – including
investigations.
However, in order to
achieve the best possi-
ble results, the College
asked the government
to modernize the Regu-
lated Health Professions
Act and provide us
with more discretion
to focus our regulatory
actions on the most seri-
ous patient safety concerns. To achieve this, the
College requires greater discretion to manage
complaints that are frivolous and unrelated to
professional conduct or patient care.
Currently, the College is required to fully
investigate all complaints, regardless of their
seriousness, unless they are deemed to be frivo-
lous or vexatious. Even complaints triaged as
“frivolous or vexatious” can take several weeks
to resolve because of the bureaucratic process.
As a result, the College can – and is – drawn
into conflicts that are unrelated to the duty to
protect the public interest on issues of clinical
care or professional behaviour.
A recent example is the campaign by fire-
arm advocates encouraging individuals to file
complaints with the College about physicians
advocating for system-level change on gun
control – a public health and safety-related
issue. The College received more than 70
complaints about one particular physician’s
advocacy work.
Although those complaints were ultimately
triaged as “frivolous and vexatious,” manag-
ing such complaints puts an unnecessary
squeeze on College resources. “The CPSO’s
legislated complaints process is intended to
focus on clinical care or professional be-
havior. Our role is not to resolve political
disagreements when clinical care/outcomes
or professional conduct is not in question,”
says Dr. Nancy Whitmore, College Regis-
trar/CEO.
The College made several other requests
in its submission, including asking for the
authority to make rules on issues within
our core mandate (registration, advertising,
standards of practice, and quality assurance),
instead of making regulations. This will allow
us to nimbly respond to changing practice
environments.
“Our recommendations to reduce red tape
and modernize Ontario’s health regulatory
structure will help to better serve patients and
bolster the integrity of Ontario’s health regula-
tory system,” said Dr. Whitmore.
MD
ISSUE 2, 2019 DIALOGUE
23