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New
Laws Crush Doctors' Rights Part 2
July
7 , 2009 - In Part
1 of our 2-part series, we revealed that changes to
The Regulated Health Professionals Act
(RHPA), currently being rolled out, seriously undermine
our basic rights as citizens of Ontario.
We
understand that behind the actions of the MOHLTC and CPSO
rests the concern about public safety. Clearly, protecting
members of the public from medical incompetence and errors
is vital. It is incumbent on our profession to see that
this is done effectively and fairly. However, the fundamental
rights of health professionals must not be trampled or disregarded
as the goal of improved public safety is achieved. In a
civilized society the rights of all individuals, including
physicians, must be valued .
The right to remain silent, to be presumed innocent until
proven guilty and to continue in their employment until
proven guilty must be upheld. Consider these examples, which
illustrate how criminals will have more rights than doctors
under the new laws:
Please
read on:
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Release (HTML)
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Release (PDF)
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New
Laws Crush Doctors' Rights Part 1
June
25, 2009 - One of the
laws, which govern physician practice in Ontario - The Regulated
Health Professionals Act or RHPA – has undergone major revision
over the past two years (via Bills 141, 171 and 179). Many
of the changes, which have come into force this month, give
the College of Physicians and Surgeons of Ontario
unprecedented investigative powers such that physicians
now have fewer rights than criminals.
The
OMA has expressed lukewarm “concerns” about RHPA changes
and has not presented a course of action to be taken other
than to participate in the process of legislative change.
Because
of this, the COFP Board has sought the advice of one of
the top health law firms in Ontario with respect to the
impact of new provisions of the RHPA and its Procedural
Code. We feel that Ontario physicians require assistance
in understanding what a profound impact these changes will
have on their practices.
Increasing
regulations that fly in the face of our basic rights as
citizens is not the way to attract or retain physicians
in Ontario. In the past, we have seen the deleterious consequences
of the draconian Medical Review Committee and similar results
may be expected with new regulatory pressures. We hope to
assist both our members and non-members by providing a legal
overview that will help them anticipate the impact of these
new regulations and avoid potential pitfalls.
Please
read the attached newsletter, b y Lonny J. Rosen, LL.B.,
C.S. and Elyse Sunshine, B.A., LL.B. from Gardner Roberts
LLP, to see why this matter is of critical importance and
watch for further comments and a firm action plan in
Part 2 next week.
Please
read on:
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The
eHealth Scandal
June
10 , 2009 - Government
continues to tighten its stranglehold on the medical profession
suffocating much needed innovation that could occur from
the ground up while it heaps hundreds of millions of dollars
at the feet of eHealth, the agency responsible for the task
of creating an electronic health record for all Ontarians
by 2015.
Unfortunately,
millions of dollars are being wasted in untendered contracts
given to acquaintances of various eHealth leaders such as
Dr. Alan Hudson. Yes, the same Dr. Hudson who is involved
in the Wait Time Strategy and who plans to penalize
hospitals to the tune of millions of dollars if they are
not able to meet their ER wait time targets; the same Dr.
Hudson who blames family doctors for creating the wait for
diagnostics; and the same Dr. Hudson who has been quoted
as saying that nurses can do large amounts of what
physicians do, but fails to identify any cost-savings in
this approach.
What
kind of leadership is that?
Please
read on:
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Toronto
Star Article - June 10, 2009
Video:
CBC News at 6 - June 11, 2009 |
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The
Freeze on New Family Health Organizations (FHOs) Continues
May
19, 2009 - In
our previous Bulletin to you, we brought to your attention
two important developments, which are of serious concern
to us all:
The freeze on new physician
registration in Patient Enrolment Models (PEMs), and
The new OMA headquarters leasing
fiasco.
The
leasing matter remains unresolved and exposes us to potential
increases in OMA dues and/or cuts to OMA programmes. However,
the OMA recently announced that the freeze on new physician
enrolment in PEMs has been lifted. Unfortunately, we believe
this announcement is critically misleading for the reasons
outlined below.
On
May 14, 2009, The OMA President's Update announced that
the Government has lifted its sudden freeze on physician
entry into Patient Enrolment Models. The freeze on Family
Health Teams (FHTs) continues. Although this as been hailed
by the OMA as significant progress in resolving this contentious
issue, a careful analysis of the announcement clearly shows
that while the freeze on the other PEM's has been lifted,
the freeze on the formation of FHOs has not been lifted
at all.
Please
read on:
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Putting
Patients First with Leadership and Innovation
COFP Calls On OMA, Government To Open The Door To Real Innovation
April
30, 2009 - New economic
conditions in Ontario require urgent innovation in healthcare.
The Coalition of Family Physicians of Ontario believes that
real change – not just a re-shuffling of provider roles
– can be driven by primary care physicians on the front
lines who understand the challenges of day-to-day practice
along with the needs of their patients.
While
we recognize that solutions to primary healthcare delivery
issues in Ontario are likely to manifest themselves in many
forms and that there is no single “one size fits all” solution,
we believe that each solution must overcome the barriers
to innovation, which include physician complacency, dependency
on government by both patients and physicians, and a lack
of patient-driven care. All three of these obstacles must
be dealt with if we are to move forward with real innovation.
Please
read on:
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Urgent
Notice To All Ontario Physicians
May
11 , 2009 - The
Coalition of Family Physicians wishes to inform you about
two disturbing recent developments, which have important
implications for physicians practising or intending to practise in
Ontario.
A.
UNILATERAL GOVERNMENT FREEZE ON REGISTRATION IN PATIENT
ENROLMENT MODELS
On
April 17, 2009, the Ministry of Health and Long Term Care
unilaterally and unexpectedly announced a freeze on
new physician registration in all Patient Enrolment
(rostering) Models (PEMs), including the FHN, FHT, FHO,
FHG and CCM. No specific reason was provided, except
that over the next two to four weeks the ministry
wants to evaluate the financial impact of its push from
fee-for-service to capitation in the patient rostering models.
The Ontario Medical Association has likewise encouraged
physicians to switch to the Patient Enrolment Models as the
way to significantly improve our income and promote
sustainable primary care in Ontario. (continued)
B.
MOVING OF THE OMA HEADQUARTERS TO A NEW LOCATION
On
April 6, 2009, the OMA moved to a larger office space at
150 Bloor Street, from its former location on University
Avenue, anticipating leasing of its former headquarters
to another tenant. Unfortunately, a new tenant was not
secured prior to the move, and now the OMA is facing the
prospect of having to spend $6.1 milllion on rent for its
old, and now empty, office space, while carrying the
cost of both facilities. Although the OMA has laid
the blame on the economy as the culprit, it should have
been cautious precisely because of the poor economy rather
than leasing new premises prior to securing a tenant for
the old site.
Please
read on:
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Primary
Healthcare Train Derails
Patients Deserve More Than Government Patchwork for Primary
Care
January
19, 2009 - Two recent developments in Ontario healthcare
have provoked serious concern amongst physicians and the
Ontario Medical Association (OMA):
Plans for the creation of
25 independent nurse-led (Nurse Practitioner) clinics to
provide primary medical care, the first located in Sudbury;
and
Plans for the expansion of
pharmacists' scope of practice to include the right to prescribe
medications.
The Coalition of Family Physicians
of Ontario (COFP) believes you should know about the serious
concerns that these changes pose for physicians and for our
healthcare system. They result in part from the complex
relationship between the OMA and the Ministry of Health and
Long-Term Care (MOHLTC), and demonstrate the lack of balance
in this partnership as the Ministry proceeds with a politically-driven
agenda rather than one of mutual respect and trust .
Please read on:
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2009
Membership Drive Begins
December 8, 2008
- The Coalition of Family Physicians as begun its 2009 membership
drive campaign. Fax, email and mail versions of our
campaign began distribution today. To find out more, follow
the links below or visit our membership
page.
2009
Membership Letter
2009
Feedback Questionnaire
2009
Membership Form
..or visit our
online payment site. |
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CPSO
Council Passes New Policy on Accepting New Patients
November 21, 2008 - Despite our
concerns that this new policy would further worsen the family
doctor shortage, CPSO council approved this new policy on
Accepting
New Patients. We believe that the the law of "unintended
consequences" will result because of this.
In the CPSO's spirit of doing its best for the public and
Ontario's doctors, we believe that family physicians will
view accepting new patients at increased risk of a complaint
to the CPSO and will completely stop accepting any new patients
into their already over-burdoned practices. |
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Proposed
New Contract - Part 2
October
11, 2008
To
all Ontario Physicians
Re:
Proposed New Compensation Contract (Part 2)
As
you know, the Coalition of Family Physicians of Ontario
(COFP) has decided to NOT SUPPORT
the new deal. Our previous bulletin generated a tremendous
amount of discussion, which we believe deserves further
comment on our part.
The COFP
is astounded and dismayed at the partisan approach taken by
the OMA to sell the proposed deal. We are also deeply perturbed
by its attempts to portray us as misrepresenting the deal
and misleading Ontario's doctors. Please
read on:
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Bulletin (HTML)
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Bulletin (PDF)
OMA
Emergency Section Executive Position (PDF) |
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Proposed
New Contract - Part 1
October
6 , 2008
To
all Ontario Physicians
Re:
Proposed New Compensation Contract
(Part
1)
After
extensive consultation with members of the OMA negotiating
team and other leaders, and careful debate at our Board,
we have decided to NOT SUPPORT
the new deal offered by the OMA/MOHLTC.
Please
read on:
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2010
Membership Campaign
December
14 , 2009 - Our annual
membership campaign mailing to over 11,000 Ontario family
physicians was sent this week.
2010
Membership Letter
2010
Feedback Questionnaire
November
9th Bulletin
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| When
will our health hurricane hit?
November
13, 2009 - This is an article
that appeared in yesterday's Toronto Sun. Please post
and share with your colleagues, staff, and patients.
We can't agree more! – COFP
By
Lorrie Goldstein – Toronto Sun
Twice
in recent years, first with SARS and now with H1N1, Canada's
readiness to deal with a pandemic has been tested.
Both
times, we failed miserably.
Both
times, all that stood between us and real panic and societal
breakdown was not anything our politicians and governments
did, but dumb luck.
Please read on:
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Are
you feeling uncertain and uneasy about your professional future?
November
9, 2009 - Lately, a number
of troubling events have taken place that should be of serious
concern to Ontario's physicians:
The Harmonized Sales Tax
(HST) in Ontario, which will have to be absorbed by physicians
without any tax credit, thus further eroding our incomes with
no offsetting benefits. The government, after all, must somehow
pay for its irresponsible eHealth spending, and is therefore
unilaterally postponing our fee increase while increasing
our practice costs.
The desperate selling off by
government of family practice - piece by piece - to far less
qualified non-medical practitioners in the upcoming Bill 179;
The eHealth fiasco, which evaporated
one billion dollars - or nearly one-third of the total
family physician payment budget - from the healthcare
coffers, giving us no prospect for a universal EMR
system in the foreseeable future.
This
is just a short list of recent developments, which threaten
our futures. Others could be added as well. It is no wonder
that many Ontario physicians are becoming increasingly concerned. We,
the Coalition of Family Physicians of Ontario (COFP), are
also concerned. We are frankly puzzled by the lack of effective
representation of our interests by the Ontario
Medical Association (OMA)
that has allowed the above to take place, to the detriment
of both physicians and our patients. We believe that effective
and fair representation of all physicians is the key to achieving
real solutions that are required in our healthcare system
now and in the future.
Please read on:
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Submission
Before the Standing Committee on Social Policy on Bill 179
- The
Regulated Health Professions Statute Law Amendment Act, 2009
October
5 , 2009 - COFP
President, Dr. Douglas Mark, and Board Member, Dr. Felix Klajner,
appeared before this committee to express concerns about the
proposals in Bill 179 that amends the Regulated Health Professions
Act.
Please
read on:
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Bulletin (HTML)
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Complete
Bill 179 (PDF)
Compendium
of Bill 179 (PDF) |
| “Physicians
and Health Emergencies” CPSO
Draft Policy
September
24 , 2009 - Ontario
physicians provide exemplary care to their patients. Professional
self-regulation is a privilege that we appreciate and respect.
However, our relationship with the College of Physicians and
Surgeons of Ontario (CPSO) has been under strain to the point
of being at times adversarial particularly during the time
of the Medical Review Committee (MRC) audit process. In contrast,
other provinces and territories seem to have cooperative or
even collegial relationships between physicians and their
respective regulatory colleges. We hope that the CPSO is actively
engaged in improving this state of affairs.
In
recent weeks, the CPSO released its draft new policy called
“ Physicians and Health Emergencies ” for
Ontario physician feedback. Similar guiding principles have
been adopted across Canada for physicians and other health
professions in the wake of SARS. Today, as pH1N1 is poised
to sweep through Ontario, the CPSO Council is meeting to determine
the final outcome of this draft policy. Our response letter
appears below.
Please read on:
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Final Policy (PDF) |
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COFP
Official Response to Draft CPSO Policy - "Health Emergencies
and Physicians"
September
18, 2009
Ms.
Maureen Boon
Associate
Director, Policy
College
of Physicians and Surgeons of Ontario
80
College St
Toronto,
Ontario M5G 2E2
Dear
Ms. Boon,
RE:
Physicians and Health Emergencies draft policy
Thank-you
for requesting our opinion on your new draft policy, Physicians
and Health Emergencies . Our Board has carefully
read over the draft and background information and has come
to the following consensus.
We support
the reaffirmation that Ontario's dedicated physicians provide
exemplary care to patients often putting their lives at peril
particularly at times of crisis.
We also
acknowledge that government and healthcare institutions are
responsible to do their utmost to support physicians and other
healthcare workers particularly at times of crisis.
We agree
that under a temporary health emergency, physicians should
be allowed to provide care outside their areas of expertise
as you have detailed.
We are
concerned that that this proposal is in the form of an official
CPSO policy , which is enforceable by law
under the legislation that govern our profession. This may
cause physicians to feel compelled to provide care beyond
their level of comfort and risk. Physicians must be free to choose
their own level of risk, including the risk of death, based
upon their professional skills weighed against their responsibilities
and commitments in their personal lives. We recommend that
this proposal would be better categorized as a position
statement.
Lastly,
rather than recommending individual physicians to contact
The Canadian Medical Protective Association (CMPA) to determine
whether or not their malpractice insurance coverage would
be extended beyond their usual scope of practice in health
emergencies, we recommend that the CPSO itself should carry
out this undertaking or ensure that another physician representative
body such as the Ontario Medical Association (OMA) or Canadian
Medical Association (CMA) does. Physicians must not be held
back by the concern that they may not be insured under this
scenario.
On
behalf of the Board of the Coalition of Family Physicians
of Ontario, I hope that our feedback and recommendations will
assist you in this undertaking.
Sincerely,
Douglas
Mark MD, President |
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