Regulators Can Insist on Proper Processes Being Followed

Regulators often insist on proper processes being followed. This occurred in Williams v. Health Professions Appeal and Review Board, 2022 ONSC 2217 (CanLII), https://canlii.ca/t/jnmm0. The issue in that case was whether the practitioner assessed the capacity of a patient before having them agree to a “Do Not Resuscitate” decision. The regulator imposed a remedial order because the practitioner had not conducted an assessment when there were numerous indications that the client may not have been capable. The practitioner challenged the decision on the basis that a client’s capacity can vary, that one can assume a client is capable unless there is reason to doubt it, and because the client did agree to the order. The Court upheld the remedial decision. The issue in dispute was not whether the client was capable at the time. Rather the issue was whether the were circumstances indicating that an assessment should be conducted before obtaining the instructions.

Insisting on practitioners following proper processes can be appropriate and justifiable.

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