O. Reg. 233/05: GENERAL

 

ontario regulation 233/05

made under the

chiropractic act, 1991

Made: March 11, 2005
Approved: May 18, 2005
Filed: May 19, 2005
Printed in The Ontario Gazette: June 4, 2005

Amending O. Reg. 204/94

(General)

1. Ontario Regulation 204/94 is amended by adding the following Part:

Part III
Quality Assurance

General

9. In this Part,

“assessor” means an assessor appointed under section 81 of the Health Professions Procedural Code;

“Committee” means the Quality Assurance Committee of the College;

“deficient clinical ability” means, in relation to a member, a level of knowledge, skill or judgment that makes the member’s clinical performance unsatisfactory;

“Program” means the Quality Assurance Program of the College.

10. The purposes of the Program are,

(a) to encourage continuous improvement in the quality of care provided by members; and

(b) to improve results in patient treatment.

11. Every member shall participate in the Program.

Program Components

12. The Committee shall administer the Program, which shall include the following components:

1. Random peer assessments.

2. Individual member remediation.

3. X-ray peer reviews.

Random Peer Assessment

13. (1) Each year, the College shall select at random the names of members required to undergo a peer assessment.

(2) A member shall undergo a peer assessment if selected at random under subsection (1).

(3) The purpose of a peer assessment is to evaluate a member’s knowledge, skills or judgment to ensure his or her continuing competence and adherence to the standards of practice of the profession.

14. (1) In appointing an assessor to conduct a peer assessment, the Committee shall,

(a) appoint an assessor who is familiar with the methods used by the member who is to be assessed; and

(b) if the member being assessed is certified in a specialty recognized by the College, appoint an assessor who is certified in the same specialty.

(2) No member of the College who sat on a panel of the Discipline Committee that heard allegations against a member shall be appointed as an assessor in respect of that member.

(3) No member who has demonstrated antagonism towards another member or towards a form of treatment offered by that member shall be appointed as an assessor in respect of the member.

15. (1) The Registrar shall notify a member who is required to undergo a peer assessment of the name of the assessor.

(2) The member who is required to undergo a peer assessment may make one request that another assessor be appointed by the Committee upon being notified under subsection (1) and before the assessor commences the assessment.

(3) The Committee, on receiving a request under subsection (2), may replace the assessor with another assessor.

16. (1) After having completed an assessment, the assessor shall give the Committee and the member who was assessed a written report of the assessment.

(2) The member may submit to the Committee comments or responses that he or she wishes to have noted with respect to the assessment.

(3) The Committee may decide, after considering the assessor’s report and the member’s comments, if any,

(a) that no further action is necessary;

(b) to give the member an opportunity to correct a deficient clinical ability identified by the Committee as a result of the peer assessment; or

(c) to require the member to participate in a member remediation program and follow-up assessment under section 17.

(4) If the Committee gives the member an opportunity to correct a deficient clinical ability under clause (3) (b), it may require the member to undergo a peer reassessment.

(5) A member shall not be required to undergo more than two peer reassessments under subsection (4).

(6) Subsections (1), (2) and (3) apply with necessary modifications to a reassessment under subsection (4).

Individual Member Remediation

17. (1) The Committee may require a member to participate in a remediation program if,

(a) the member has been referred to the Committee from the Executive Committee or the Complaints Committee in relation to alleged behaviour or remarks of a sexual nature by the member towards a patient that are not of a clinical nature appropriate to the service provided and the member has underdone a psychological or other assessment relating to the alleged behaviour or remarks; or

(b) the Committee is, after the member has undergone a peer assessment under section 16, of the opinion that the member has a deficient clinical ability that may be remediable.

(2) The remediation program shall be an educational program designed specifically to reduce or eliminate the member’s deficient clinical ability or propensity to engage in behaviour or remarks of a sexual nature towards patients that are not of a clinical nature appropriate to the service provided.

(3) In the case of a member who is required to participate in a remediation program under clause (1) (b), the Committee may, after a member has completed a remediation program under this section, require the member to undergo another peer assessment.

(4) A member shall not be required to undergo more than two reassessments under subsection (3).

(5) Subsections 16 (1), (2) and (3) apply with necessary modifications to a peer reassessment under subsection (3).

X-ray Peer Review

18. (1) Every member shall participate in the College’s x-ray peer review program.

(2) The x-ray peer review program in an assessment and remediation program designed to reduce or eliminate the member’s deficient clinical ability with respect to taking or interpreting x-rays.

(3) During an x-ray peer review, one or more assessors shall,

(a) review another member’s reports written by the member in which he or she interprets x-rays; and

(b) in the case of a member who takes his or her own x-rays, review x-rays taken by the member.

(4) After having completed the x-ray peer review, the assessors who conducted the review shall submit a written report to the Committee and give the member a copy.

(5) The member may submit to the Committee comments or responses that he or she wishes to have noted with respect to the review.

(6) If, after having reviewed the report and the comments submitted by the member under subsection (5), if any, the Committee believes that the member is deficient in taking or interpreting x-rays, it may require that the member participate in a remediation program designed to correct the deficiency.

(7) The Committee may, after a member has completed a remediation program under this section, require the member to undergo one additional x-ray peer review.

(8) Subsections (1) to (6) apply with necessary modifications to an x-ray peer review under subsection (7).

Made by:

Council of the College of Chiropractors of Ontario:

Joan Willson

Registrar

 

R. Andrew Potter

President

Date made: March 11, 2005.