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Transforming and Supporting Patient Care - Health Professions ...

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29Chapter 2 – Excellence in <strong>Health</strong> Profession Regulation: Raising the Bar in OntarioNow enacted, the Bill has brought further reforms to sustain confidence inthe professional regulatory system. 25 Reforms implemented have includedthe establishment of a new body, the Office of the <strong>Health</strong> <strong>Professions</strong>Adjudicator (OHPA) 26 <strong>and</strong> the change in name of the Council for theRegulation of <strong>Health</strong>care Professionals to the Council for <strong>Health</strong>careRegulatory Excellence (CHRE). 27The CHRE is an arms-length agency accountable to Parliament <strong>and</strong>responsible for overseeing nine health regulatory bodies. 28 Its mainobjective is to promote the health, safety <strong>and</strong> well-being of patients <strong>and</strong>other members of the public by promoting best practice, cooperation <strong>and</strong>consistency in the regulation of health professionals. It scrutinizes <strong>and</strong>oversees the health profession regulators, works with them to identify <strong>and</strong>promote good practice in regulation, carries out research, develops policy<strong>and</strong> gives advice. 29 As part of its role, the CHRE has the authority to directregulators to make or change their rules if CHRE believes that such achange is necessary to protect the public. This authority is subject toapproval by the Ministry <strong>and</strong> the legislative authority of Parliament. TheCHRE also has a statutory duty to inform <strong>and</strong> seek the view of the public onthe exercise of its functions.The CHRE has special powers <strong>and</strong> responsibilities in reviewing fitness topractise decisions under the National <strong>Health</strong> Service Reform <strong>and</strong> <strong>Health</strong> <strong>Care</strong><strong>Professions</strong> Act, 2002. 30 It reviews final-stage decisions made by healthregulators on professionals’ fitness to practise, but does not haveinvestigatory powers. It can review the information that was available to theregulator’s panel, <strong>and</strong> if the CHRE deems the panel’s decision to be undulylenient <strong>and</strong> inadequate for public protection, can refer it to the High Court.The CHRE maintains independent decision-making powers through theprocess <strong>and</strong> the Minister of <strong>Health</strong> does not play a role in the process. 31The CHRE considers this responsibility an opportunity for shared learningto feed back to the regulators. 32 It cites the main purpose of s. 29 as “toimprove the quality of fitness to practise processes <strong>and</strong> the quality of the[regulators’] fitness to practise process <strong>and</strong> the quality of the committees’<strong>and</strong> panels’ decisions across the regulatory bodies”. 3325Government of the United Kingdom, Department of <strong>Health</strong> Briefing Sheet- <strong>Health</strong> <strong>and</strong> Social <strong>Care</strong>Bill – 2008, p. 1.http://www.dh.gov.uk/en/Managingyourorganisation/Humanresources<strong>and</strong>training/Modernisingprofessionalregulation/DH_085888.26<strong>Health</strong> And Social <strong>Care</strong> Act, 2008, Part 2, Clauses 93- 105.27Ibid, Clauses 108 -113.28These bodies include: the General Medical Council, the Nursing <strong>and</strong> Midwifery Council, <strong>Health</strong><strong>Professions</strong> Council, the General Dental Council, the General Optical Council, the GeneralChiropractic Council, the General Osteopathic Council, the Royal Pharmaceutical Society of GreatBritain <strong>and</strong> the Pharmaceutical Society of Northern Irel<strong>and</strong>.29CHRE. About Us. http://www.chre.org.uk/about/.30National <strong>Health</strong> Service Reform <strong>and</strong> <strong>Health</strong> <strong>Care</strong> <strong>Professions</strong> Act, 2002. Chapter 17 (s) 29.http://www.opsi.gov.uk/acts/acts2002/ukpga_20020017_en_5#pt2-pb1-l1g29.31CHRE. Fitness to Practise. Reviewing Fitness to Practise Decisions Under Section 29. AccessedJanuary 9, 2009. www.chre.org.uk/practise/79/.32Ibid.33Ibid.HPRAC Critical Links January 2009

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