We are lawyers for midwives who face regulatory issues at the College of Midwives of Ontario (“CMO”). This includes advising midwives on issues related to the Regulated Health Professions Act and the Midwifery Act, 1991, as well as on the College’s recent, more principle-based Professional Standards, which came into effect on June 1, 2018.
How We Assist Midwives
Our team of defence lawyers will assist midwives with various regulatory issues, including the following:
- Responding to various inquiries at the College of Midwives of Ontario, including drafting responses to patient complaints at the CMO, which are reviewed by the Inquiries, Complaints, and Reports Committee (“ICRC”) in accordance with its ICRC Risk Assessment Framework;
- Defending midwives at CMO discipline hearings;
- Assisting midwives in CMO registration applications;
- Representing midwives in appeals before the Health Professions Appeal and Review Board (“HPARB”) (e.g. where a decision of the ICRC has been made);
- Assisting with CMO fitness to practice matters;
- Reporting past history, including criminal charges and findings of guilt, to the College of Midwives of Ontario; and
- Advising midwives on other practice issues that may arise, including employment and contractual issues, fitness to practice, unauthorized practice, and privacy and confidentiality.
Articles
Responding to Complaints at the College of Midwives of Ontario: What Midwives Need to Know
Formal complaints may be made against midwives at the College of Midwives of Ontario. These regulatory proceedings have the potential to result in professional consequences, and can be stressful. To assist midwives, we have prepared this basic guide for responding to complaints.
Reviewing Decisions of the College of Midwives of Ontario at the Health Professions Appeal and Review Board
The Inquiries, Complaints, and Reports Committee (“ICRC”) of the College of Midwives of Ontario is responsible for addressing formal complaints against midwives. After the ICRC disposes of a matter, midwives and complainants will have the opportunity to request a review before the Health Professions Appeal and Review Board (“HPARB”). Based on our experience at HPARB proceedings, here is a brief overview of the review process.
What Midwives Need to Know About Discipline Hearings at the OMDT
The CMO is required to provide midwives with copies of all documents and materials that it will refer to or give in evidence at the hearing. It is also required to provide a witness statement or summary of evidence for any witness to be called at the hearing. A midwife must produce the same information before the commencement of the hearing. If either party intends to call an expert witness at the hearing, the party must serve an expert report on the other party at least 60 days before the hearing.