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Ontario College of Pharmacists Self Regulation The Canadian Model
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Ontario College of Pharmacists CANADA Ten Provinces Two Territories
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Ontario College of Pharmacists COMMON FEATURES Self Funding set own fees Professional Control of complaints investigations discipline
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Ontario College of Pharmacists COMPLAINTS/DISCIPLINE Processes defined by template Professional Control
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Ontario College of Pharmacists COMPLAINTS must be written not anonymous may be:investigated referred to discipline concluded
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Ontario College of Pharmacists DISCIPLINE referral: certificate of conviction reasonable and probable grounds misconduct cases heard and decided by Panel 51% professional peers 49% lay members
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Ontario College of Pharmacists REGULATING ONTARIO’S HEALTH PROFESSIONS Regulated Health Professional Act (RHPA) Open, responsive, accountable Legal/Procedural Scope of Practice/Titles Who is regulated/common framework
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Ontario College of Pharmacists THE RHPA Purpose: Protect the Public harm fitness to practice evolution of practice high quality care flexibility
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Ontario College of Pharmacists PUBLIC INTEREST/SELF INTEREST Broad versus narrow Public appointments/meetings Accountability to the Minister Advisory Council
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Ontario College of Pharmacists SCOPE OF PRACTICE MODEL General description of current scope Controlled acts Harm provision
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Ontario College of Pharmacists “The practice of pharmacy is the custody, compounding and dispensing of drugs, the provision of non-prescription drugs, health care aids and devices and the provision of information related to drug use.”
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Ontario College of Pharmacists STRIKING THE BALANCE (1989) Protection from harm Freedom to choose from safe options Evolution of a better health care system
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Ontario College of Pharmacists WEIGHING THE BALALNCE (1999) Is the RHPA effective, efficient, flexible, and fair? protecting the public from harm providing high quality care making health professional accountable
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Ontario College of Pharmacists PUBLIC INPUT Council Committees Open Meetings Open Hearings Public Disclosure HPRAC
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Ontario College of Pharmacists COUNCIL COMPOSITION 15 elected members – community 2 elected members – hospital = 51% 1 Dean of Pharmacy Appointed lay members 9 - 16 = 49%
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Ontario College of Pharmacists CRITERIA FOR REGULATION Relevance to MOH jurisdiction Risk of Harm Sufficiency of supervision Alternative Regulatory Mechanism Body of Knowledge Educational requirements for entry
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Ontario College of Pharmacists CRITERIA FOR REGULATION (cont’d) Leadership favours public interest Likelihood of Compliance Sufficiency of Membership
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Ontario College of Pharmacists HARM degree of risk service provided examples/complaints
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Ontario College of Pharmacists SUFFICIENCY membership numbers acceptance of costs need to maintain an Association
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Ontario College of Pharmacists CONTROLLED ACTS prescribing a hearing aid for a hearing impaired person – yes testing hearing – no making a hearing instrument - no
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Ontario College of Pharmacists CONTROLLED ACTS The concept of “controlled acts” is set out in RHPA. This means that no one is permitted to perform a controlled act (13 of which are specifically referred to in the Act) unless they have been authorized by their profession specific Act to do so the controlled act has been delegated to them by someone authorized to perform it.
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Ontario College of Pharmacists CONTROLLED ACTS RHPA also sets out what has become known as the “harm provision” which basically states that it is illegal for anyone other than someone acting within their own scope of practice to treat or advise a person with respect to their health where it is reasonably foreseeable that serious physical harm may result.
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