Law & Regulations CMTO NOTES 2023

Law & Regulations CMTO NOTES 2023 Regulated Health Professions Act (RHPA) - What gives authority to the CMTO to make regulations, set standards and policies for its area of responsibility? Policy Statements - articulate the council's opinion and position on specific issues relating to the practice of massage therapy Position Statements - provide the collective opinion and position on specific issues relating to the practice of massage therapy Guidelines - provide a more detailed description of the way in which a policy or position is translated into practice -provide guidance to members CMTO (College of Massage Therapist of Ontario) - provincial regulatory agency that exists to protect the public interest and regulate the profession enforces competency & quality of care directed by a council of elected members and those appointed by the ministry of health 1991 - The Regulated Health Professions Act and the Massage Therapy Act were created in what year? 26 Regulatory - How many Health _____ bodies: Such as Audiology & Speech Language Path, Chiropody, Chiro, Dental Hygiene, Dentistry, Dental Tech, Denturism, Dietetics, Homeopathy, Kinesiology, Pharmacy, Psych, Respiratory Therapy, Med Lab Tech, Med Rad Tech, Midwifery, Naturopathy, Occupational Therapy, Optometry, Physio, Psycho, TCM CMTO - Who establishes policy and Guidelines for profession, cert. exams, Info on becoming an RMT, Public Register, Quality Assurance, Public Ed., Media relations, Professional Ed., Publications, Complaints and Discipline? Registered Massage Therapists Association of Ontario (RMTAO) - represent and serve its members and advance the profession Influencing and communicating change, conference and seminars, liability insurance, optional group benefits, publications, networking, media relations, referral service, promotional materials, job search. registration - the CMTO requires the following in order for what; pass written and practice exam (OSCE) be fluent in English or french hold min $2million liability insurance current CPR/First Aid Pay yearly registration fees 500hrs of client care within 3yrs or 3yr massage therapy program or 12month refresher course criminal record check diploma from accredited program Canadian citizen, landed immigrant Certify that you have a principle place of practice`` $600 - Fee to reactivate CMTO membership if lapsed $555 - Yearly CMTO membership fee $160 - Fee to maintain inactive CMTO membership $100 - Late fee for CMTO membership Committees - The following are what to the CMTO; Executive, Registration, Inquiries Complaints and Reports, Discipline, Fitness to Practice, Quality Assurance, Patient Relations College Council - CMTO headed by a board of Directors elected professional members and members of the public appointed by the Minister of Health Administer Regulated Health Professions Act Executive Committee - manage business when council is not in session report actions to council Appeals Committee - meet after each exam after the 30 day limit for appeals relevant to the exam admin process hear all appeals related to the exam process Patient Relations Committee - develop and administer the program develop education required and guidelines for professional interaction between members and clients develop program for promoting public knowledge (sex abuse) ensure regulatory functions are accessible provide council and Reg. Advisory Council with written reports administer funding program to provide therapy/counseling for clients who were sexually abused verify the above program Fitness to Practice Committee - to hear any matter concerning the capacity of a member referred by Inqu./Complaints and Reports Com. render decisions concerning members capacity to practice order revocations, suspensions or impose terms/conditions, limitations inform the therapist of their right to appeal to Divisional Court Inquires Complaints and Reports Committee - investigate all complaints (direct or referred by committees) form boards of inquiry follow up on mandatory reporting (sexual, self, child) refer to discipline committee (sexual, misconduct, incompetence) refer member to another panel for incapacity refer to Fitness to Practice for incapacity require member to appear before a panel to be cautioned invite/order therapist to mediate certain aspects of practice require member to complete - con't ed or remediation if complaint is frivolous/vexatious notify member and complainant the no action will be taken ICRC may dismiss the case Inform client of their right to appeal to HPARB Registration Committee - evaluate foreign trained applicants evaluate other non-standard applications (incl. inactive members) review request from Registrar for imposition of terms/conditions or limitations on a certificate Discipline Committee - hold hearing of all allegations of misconduct refrain from sitting on a panel if there was involvement of investigation make judgements/orders for revocations or suspensions or order impositions of terms/conditions and limitations Quality Assurance Committee - require those who have been assessed and to be found unsatisfactory to participate in con't ed direct the registrar to impose terms/cond or limitations for a specified period to be determined by the committee on the certificate of a reg. member direct the registrar to remove terms/cond or limitations disclose the name of the member and allegations to the Inq/Com and Reports Committee if Q/A is of the opinion that a member may have committed misconduct/incompetence or incapacitated may appoint assessor for the purpose of Q/A program Minister of Health - Administers the Regulated Health Professionals Act (RHPA) Ensures health professions are regulated and co-ordinated in the public interest standards are practice are developed and maintained Advisory Council - established under the name Health Professions Regulatory Advisory Council duty is to advise the Minister decide whether unregulated professions should be regulated or no longer suggest amendments to the act advise on matters concerning Quality assurance programs by colleges monitor college's patient relations program and advise minister of effectiveness Registrar - council shall appoint an employee to perform this function Annual Reports - monitor and evaluate processes and outcomes shall annually submit these to Council Duty of the College - work in consultation with Minister to ensure Ontarians have access to adequate members of qualified, skilled and competent regulated health professionals Objective of Regulatory Health Colleges - regulate the practice of the profession and govern members develop/establish/maintain standards of qualifications develop/establish/maintain programs and standards of practice develop/establish/maintain standards of knowledge skill and programs to promote competence College Register - maintains: members name/business address/tele & corporation the member is a shareholder of name/business # of every health professional corp names of shareholders of each health prof. who are members members class of reg. and membership status terms/cond/limitations in effect on each certificate notifications of matters refered to Inqu/Comp/Reports and Discipline (results/synopsis of decision) notation of every revocation/suspension info that the Reg/Discipline and Fit to Practice specifies should be included if finding of Discipline committee are appealed - notation under appeal results of proceeding a member resigned and agreed never to practice again Removing Info from the Register - all info remains indefinitely pardon like process if asking for information to be removed (unless sexual abuse) Restricted Controlled Acts - must not perform controlled acts unless authorized by a health profession act ie. diagnosing, procedure on tissue beneath the dermis, setting bones, moving joints of the spine, administering injections/inhalants, prescribing/dispensing/selling drugs/eye problems managing labour/delivering a baby, allergy testing, psychotherapy $25,000 - If found guilty on conviction of a controlled act offense for the first time, the person could face a fine of how much? Plus prison for up to 1 year. The second offense is a $50,000, prison for up to 1 year. RHPA College Complaints Process - 1.Reaches registrar - filed with ICRC 2.Panel for investigation is formed - panel selected by ICRC 3.Complaint must be written/recorded on permanent medium