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Closed Public Consultation: Professional Misconduct Regulation

Closed Public Consultation: Professional Misconduct Regulation

This consultation has now closed.

Professional Misconduct Regulation

Consultation Opens December 16, 2016, Closes February 24, 2017 (10 weeks/70 days)

The College seeks to make changes to legislation and regulations to improve the effectiveness and efficiency of its programs, to respond to best practices in regulation, to remove barriers to the delivery of safe, timely and quality midwifery care, and to improve client experience in the health care system. All legislation and regulations that define and inform the practice and regulation of midwifery, and that require Ministry approval, will be reviewed. At this time, the College Council has approved the Professional Misconduct Regulation for a formal consultation.

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 (e.g., a fine, suspension or even revocation of a member’s certificate of registration). Some examples of professional misconduct are listed in the Regulated Health Professions Act (RHPA), for example, breaking a federal or provincial law or failing to participate with the Quality Assurance Program. Sexual abuse of a client is also specifically identified in the RHPA as professional misconduct.

The College’s Professional Misconduct Regulation defines parameters of professional practice, identifying specific conduct that constitutes misconduct and could result in disciplinary action by the College. Provisions address a wide range of professional activities, from record keeping to billing practices, as well as unacceptable conduct such as abuse of a client or a client’s representative.

To review Council’s proposed changes to the Professional Misconduct Regulation, please refer to the consultation document where you can read the current language, the proposed new language (including proposed deletions) and the rationale for all proposed changes. Once you have fully reviewed the consultation document, please return to this page to submit your comments. All comments are reviewed before being posted publicly to ensure they meet the posting guidelines. If you prefer to provide feedback via email, please email cmo@cmo.on.ca with ‘Public Consultation’ in the subject line.

Council will consider all feedback at their next public meeting on March 22, 2017.

All Feedback

  1. Midwife

    Under #3 it requires an RM to get informed consent in ALL situations, before doing anything to the client. In certain situations you have to work under implied consent and the assumption that the RM is acting in the best interest of the client if reciving a full informed consent is not possible under the circumstances. I think the wording needs to be clarified.
    Definistion of IC “permission granted in the knowledge of the possible consequences, typically that which is given by a patient to a doctor for treatment with full knowledge of the possible risks and benefits”.

    • Are you a: Midwife
    • On behalf of: Organization
  2. Midwife

    I wonder if the professional misconduct revision that would see the recommendation or implementation of care that the member ought to have known is ineffective might be interpreted (and I’m sure this isn’t the intent) as occurring if care is provided or recommended for any of the plethora of situations for which we don’t have strong evidence at present. So for example, could a hospital accuse me of professional misconduct if I recommend acupuncture or hypnobirthing to a VBAC client because there isn’t clear and convincing evidence of its efficacy? I know it’s a stretch but I’d hate to see it be interpreted in such a way.

    • Are you a: Midwife
    • Organization: Midwifery Care of Peel and Halton Hills
    • On behalf of: Your self

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