Regulation - LGIC

College of Midwives of Ontario - Professional Misconduct

Regulation Number(s):
N/A
Instrument Type:
Regulation - LGIC
Bill or Act:
Midwifery Act, 1991
Summary of Decision:
This issue requires further consideration.
Analysis of Regulatory Impact:
No new administrative cost for business.
Further Information:
Proposal Number:
16-HLTC022
Posting Date:
December 30, 2016
Summary of Proposal:
College Introduction

In Ontario, the regulation of health professions is based on a self-governance model. There are 26 health regulatory colleges governing 28 health professions under the Regulated Health Professions Act, 1991 (RHPA) and their respective health profession Acts. Health regulatory colleges operate at arm's length from the provincial government and independently administer their own internal processes.

Under the RHPA and the Midwifery Act, 1991, the College of Midwives of Ontario (CMO) is responsible for governing the self-regulating profession of midwifery in Ontario. Under these Acts, the CMO has the authority to make regulations on a variety of subject matters, including professional misconduct, subject to the prior review by the Minister of Health and Long-Term Care and the approval of the Lieutenant Governor in Council.


Summary of Proposal

Professional misconduct is conduct that falls below the minimum expectations of a competent and ethical Registered Midwife. Engaging in professional misconduct can lead to disciplinary proceedings that could result in serious orders (examples: a fine or suspension). The CMO's Professional Misconduct Regulation defines parameters of professional practice, identifying specific conduct that constitutes misconduct and could result in disciplinary action by the CMO.

Through the proposed regulation amendments, the CMO seeks to improve the effectiveness and efficiency of its programs, respond to best practices in regulation, remove barriers to the delivery of safe, timely and quality midwifery care, and improve client experience in the health care system. The amendments include the following:

• Provide clearer language and intent regarding a number of provisions (example: health care consent) that will be more consistent with other health regulatory colleges' approved regulations and language specified in the RHPA and the Controlled Drugs & Substances Act;

• Incorporate gender-inclusive language throughout the regulation;

• Remove redundant provisions that are addressed in other sections of the regulation; and,

• Add provisions that are contained in other RHPA health regulatory colleges' Professional Misconduct Regulations to enable broader consistency in health professional accountability.

The proposed regulation was originally circulated to members and stakeholders for feedback on December 16, 2016.

To view and respond to the proposed amendments, please use the following link to the CMO's website: https://www.cmo.on.ca/about-the-college/consultations/public-consultation-professional-misconduct-regulation/

Alternatively, the CMO may be contacted with the following information listed below:
Contact Address:
Contact: Marina Solakhyan, Regulatory Policy and Governance Manager
Mailing Address: 21 St. Clair Avenue East, Suite 303, Toronto, ON M4T 1L9
Telephone: (416) 640-2252 extension 231
Email: m.solakhyan@cmo.on.ca
Website: www.cmo.on.ca
Effective Date:
July 24, 2017
Decision:
Rejected