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O. Reg. 374/12: GENERAL

filed November 19, 2012 under Dietetics Act, 1991, S.O. 1991, c. 26

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ontario regulation 374/12

made under the

dietetics act, 1991

Made: June 18, 2012
Approved: November 14, 2012
Filed: November 19, 2012
Published on e-Laws: November 19, 2012
Printed in The Ontario Gazette: December 8, 2012

Amending O. Reg. 593/94

(General)

1. Ontario Regulation 593/94 is amended by adding the following parts:

PART II
QUALITY ASSURANCE

General

25. In this Part,

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

“Committee” means the Quality Assurance Committee required by subsection 10 (1) of the Health Professions Procedural Code;

“program” means the quality assurance program required by section 80 of the Health Professions Procedural Code;

“stratified random sampling” means a sampling where groups of members are,

(a) removed from the pool of members to be sampled, or

(b) weighted to increase or decrease the likelihood of their being selected.

26. (1) The program shall include the following components:

1. Self-assessments.

2. Continuing education or professional development designed to,

i. promote continuing competence and continuing quality improvement among the members,

ii. address changes in practice environments, and

iii. incorporate standards of practice, advances in technology, changes made to entry to practice competencies and other relevant issues at the discretion of the Council.

3. Peer and practice assessments.

4. A mechanism for the College to monitor members’ participation in and compliance with the program.

(2) Every member shall comply with the requirements of the program.

(3) The Committee shall administer the program.

(4) The Chair of the Committee shall appoint a panel composed of at least three members of the Committee, at least one of whom shall be a member of the Council appointed by the Lieutenant Governor in Council.

(5) A panel of the Committee may act on behalf of the Committee with respect to anything under this Part.

(6) Three members of a panel constitute a quorum.

Self-Assessment, Continuing Education and Professional Development

27. (1) Every member shall participate in a continuing education program that includes an assessment of the member’s knowledge of jurisprudence.

(2) Every member shall, in the form, frequency and manner approved by the Committee,

(a) assess the member’s performance using professional standards and competencies, including changes to entry to practice competencies;

(b) assess the member’s current and future practice environment, including advances in technology;

(c) record the member’s achievements with respect to his or her professional development goals for the period being assessed; and

(d) set professional development goals and identify learning activities designed to achieve the member’s professional development goals for the subsequent period.

28. (1) Every member shall, in the form and manner approved by the Committee, make a record of his or her self-assessments, continuing education and professional development, and shall keep the record for at least five years following the date of the self-assessment, continuing education or professional development.

(2) At the request of the Committee, an assessor or an employee of the College, a member shall, within the time period specified in the request, or where no time period is specified, within 30 days after receiving the request,

(a) provide to the Committee, an assessor or an employee of the College accurate information about the member’s self-assessments, continuing education and professional development, together with any documents related to the continuing education or professional development; and

(b) provide to the Committee, an assessor or an employee of the College the member’s record of self-assessment, continuing education and professional development.

Peer and Practice Assessment

29. (1) Each year, the Committee shall select members to undergo peer and practice assessments in order to assess whether the members’ knowledge, skill and judgment are satisfactory.

(2) A member may be selected to undergo a peer and practice assessment,

(a) at random, including by stratified random sampling;

(b) on the basis of criteria specified by the Committee and posted on the College’s website at least three months before a member is selected on the basis of those criteria; or

(c) if the member has failed to comply with the requirements in section 27 or 28 and the Committee determines that the member should undergo a peer and practice assessment.

(3) The Committee shall appoint an assessor to conduct each peer and practice assessment.

(4) A peer and practice assessment may be conducted in stages over a period of time or all at once at the discretion of the Committee or the assessor conducting the assessment.

(5) A peer and practice assessment may include the following:

1. Reviewing the member’s record of self-assessment, continuing education and professional development.

2. Inspecting the premises and practice environment where the member practises.

3. Reviewing the member’s records related to his or her professional activities.

4. Interviewing or surveying the member and his or her employer, employees, colleagues, peers, patients and clients.

5. Requiring the member to answer, orally or in writing, questions related to his or her professional activities.

6. Requiring the member to solve simulated problems or case studies related to his or her professional activities.

(6) A member who is selected to undergo a peer and practice assessment shall be given at least 14 days notice before the assessment begins.

(7) If a member requests that a peer and practice assessment be delayed and provides an explanation and documentation in support of the request that the Committee considers satisfactory, the Committee may delay the start of the assessment if there are extenuating circumstances such as maternity, illness or disability, bereavement, personal hardship, employment outside of Ontario or a sabbatical.

(8) The assessor shall prepare a written report on the peer and practice assessment and submit it to the Committee.

(9) If, after considering the assessor’s report and any other relevant information, the Committee is of the opinion that the member’s knowledge, skill and judgment are satisfactory, the Committee shall advise the member of the results of the assessment.

(10) If, after considering the assessor’s report and any other relevant information, the Committee is of the opinion that the member’s knowledge, skill or judgment are not satisfactory, the Committee shall provide to the member,

(a) notice of its opinion;

(b) a copy of the assessor’s report;

(c) notice of the member’s right to make submissions to the Committee within 14 days after receiving the notice or within such longer period as may be specified in the notice; and

(d) any other relevant information the Committee considered.

(11) After receiving the notice, a copy of the assessor’s report and any other relevant information the Committee considered, the member shall have 14 days, or such longer period as may be specified in the notice given under clause (10) (c), to make written submissions to the Committee.

(12) If, after considering any written submissions made by the member, the Committee is still of the opinion that the member’s knowledge, skill or judgment are not satisfactory, the Committee may exercise any power listed in section 80.2 of the Health Professions Procedural Code.

(13) If the Committee decides to exercise a power listed in section 80.2 of the Code, the Committee may, at the time it communicates its decision to the member or at any time thereafter, require the member to undergo a peer and practice reassessment to determine whether the member’s knowledge, skill and judgment are satisfactory.

(14) Subsections (3) to (13) apply with necessary modifications to a peer and practice reassessment.

part iiI
notice of meetings and hearings

30. (1) The Registrar shall ensure that notice is given in accordance with this Part with respect to each of the following that is required to be open to the public under the Act:

1. A meeting of the Council.

2. A hearing of the Discipline Committee respecting allegations of a member’s professional misconduct or incompetence.

(2) The notice shall, if possible, be posted on the College’s website not less than 14 days before the date of the meeting or hearing.

(3) The notice shall be posted in English and in French.

(4) The notice shall include,

(a) the date, time and location of the meeting or hearing;

(b) a statement of the purpose of the meeting or hearing including, in the case of a hearing, the name of the member against whom the allegations have been made and the member’s principal place of practice; and

(c) an address and telephone number at which further information about the meeting or hearing may be obtained.

(5) The Registrar shall give notice of a meeting or hearing that is open to the public to every person who requests it.

(6) No meeting or hearing is invalid simply because a person has not complied with a requirement under this Part.

2. Parts III.2 and III.3 of the Regulation are revoked.

Commencement

3. This Regulation comes into force on the day it is filed.

Made by:

Council of the College of Dietitians of Ontario:

Mary Lou Gignac

Registrar and Executive Director

Lesia Kicak

President

Date made: June 18, 2012.