Grey Areas

A challenge for regulators occurs when practitioners do not blatantly refuse to cooperate with an investigation, but still do not provide the requested information or assistance. For example, the practitioner can ask questions to clarify the regulator’s request. Or the practitioner can demand disclosure of the basis for the investigation. Or the practitioner can challenge the scope of the request

Even as many Canadian jurisdictions consider fundamental reforms to the regulation of health professions that are heavily influenced by the model in the United Kingdom, the UK is considering further changes.

A practitioner’s past history can have a significant impact on subsequent disciplinary sanctions. Previously, a practitioner with a significant past history was labelled “ungovernable”. It appears that term is being replaced with the less loaded term of “irremediable”.

The impartiality of tribunals is essential to public confidence in professional regulation. This principle is encapsulated in the legal concept that an appearance of bias on the part of a member of a tribunal is unfair and can, in some circumstances, nullify the tribunal’s decision

As one of the last countries still using the self-regulation model for professions, Canada is ripe for regulatory reform. Many provinces, including British Columbia, Alberta and Québec are in the midst of reform right now.

Earlier this year researchers from Cardiff University released its study entitled: “A Review of Research into Health and Care Professional Regulation”. Funded by the Professional Standards Authority of the United Kingdom, a regulatory oversight body, the study summarizes and analyzes recent research in the field of professional regulation. Two portions of the study that may be of particular interest relate