DRAFT AGENDA
COUNCIL MEETING DATE Friday March 2, ‘18 SCHEDULED 9:30am-3:45pm TIME LOCATION Meissner Fishbein Room, Suite 5055, CASLPO FACE-TO-FACE
TELECONFERENCE* CONFERENCE ID
NOTE No SUBJECT DOC ACTION 01 Adoption of Agenda Decision 02 Declaration of conflict of interest
03 Approval of Council Minutes of December 8, 2017 Decision
04 Business arising from minutes Discussion 05 President’s Remarks Discussion
06 06.1 Evaluation of December 8, 2017 Council Meeting Information Strategic Plan 2015-18 Update & Recap of March 1 Strategic 07 Planning Session Information
Break 10:45am – 11:00am
Registrar’s Report
08 (Including Membership Statistics, Annual Practice Advice Information Report, Clinic Regulation Update; Ontario Health Regulators Website) 09 Proposed Schedule for Professional Member Elections 2018 Decision
Lunch –12:00 – 1:00pm Proposed By-Law Revisions for By-Law 2011-1 10 (Presentation by Cathi Mietkiewicz of Steinecke, Maciura, Discussion LeBlanc) 11 Guide for Provision of Second Opinions Decision 12 Practice Standard for Cerumen Management Decision
Committee Reports a) Executive b) Registration c) Quality Assurance d) ICRC e) Discipline f) Finance* g) SLP PAC 13 Information h) AUD PAC; i) Fitness To Practice*j)Patient Relations *No Report **To Follow
Attachment Provided CASLPO•OAOO version 1
Break 2:30pm – 2:45pm 14 1st Quarter (Oct.-Dec. 2017) Financial Report Information
15 Updates Re Self-Assessment Tool 2018 and Peer Assessment Information Next meeting: Friday June 8, 2018 (Council Meeting) 16 Information Location: CASLPO Office Meissner Fishbein Room 17 Other Business Discussion 18 Meeting Duration Information 19 Adjournment Decision
Attachment Provided CASLPO•OAOO version 1
MINUTES
COUNCIL MEETING
DATE Friday December 8, 2017 SCHEDULED 9:30am – 3:45pm TIME LOCATION CASLPO - Meissner Fishbein Room
PARTICIPANTS B. Kroll, President & Chair, S. Singbeil, Vice‐President, SLP, V. Vaillancourt, Vice‐President AUD, J. Anderson, K. Bright, V. Bucci, T. D’Agnillo, K. Eskritt, R. Fisher, E. Fitzpatrick, S. Singh Johal, D. Mooney, M. Moussa‐Elaraby, V. Papaioannou, R. Penny, S. Wilson, Y. Wyndham
REGRETS J. Maur
OBSERVER K. Johansen, OSLA
PRESENTER B. MacKenzie, Hilborn LLP.
STAFF B. O’Riordan, Registrar; C. Bock, R. Cimerman, S. Chapman‐Jay, S. Joglekar, C. Myrie, M. Huynh, L. Gibson (Scribe)
No SUBJECT ACTION/MOTION Adoption of Agenda 01 M: Approve the
agenda as presented. B. Kroll welcomed Council and Kyle Johansen, new Executive Director, Ontario Association of Speech- Language Pathologists and Audiologists (OSLA). Moved V. Vaillancourt Seconded R. Penny Carried 02 Declaration of Conflict of Interest None.
03 Approval of Council Minutes of September 28, 2017. M: Approve the Council minutes of
September 28, 2017 as presented. Moved M. Moussa- Seconded V. Papaioannou Carried Elaraby 04 Business arising from minutes None.
05 President’s Remarks
CASLPO Council Meeting – December 8, 2017 Draft Meeting Minutes as at December 8, 2017; January 12 2018; lg
B. Kroll formally thanked staff and Council for their hard work throughout the year. He especially noted the time, research, and work done by staff to enable Council Members to prepare for Committee meetings. CASLPO Public members were thanked for their outstanding contributions and professional members were thanked for volunteering their time, expertise and professionalism outside of their own work schedules. Non-Appointed Council members were also thanked and encouraged to run for Council as positions become available.
05.1 Evaluation of September 28, 2017 Council Meeting. A: Include confirmed guest(s) names B. Kroll summarized the generally positive Council member received in advance survey feedback commending Council for near full on the Council participation. Council felt overall that the Education Day meeting agenda. was very successful. A lengthy comment about Council Meeting side-bar conversations was made. Council members were encouraged to bring forward to either the President or Registrar anything that may be problematic on site during a meeting, before it gets to the evaluation stage to enable an attempt at issue resolution.
05.2 Proposed Executive and Council Meeting Schedule for 2018 A: The proposed list of Executive and B. O’Riordan shared the proposed list development Council Meeting dates process. C. Bock offered to contact any Council Members in for 2018 was advance of the March 1, 2018 Strategic Planning session to approved as solicit their input in advance if they identified their inability amended. to attend due to calendar conflicts. Moved S. Singh Seconded S. Singbeil Carried 05.3 Unconscious Bias Follow-up A: A bias summary will be shared with C. Bock, reported that in an effort to raise bias awareness, Executive for any additional suggestions to assist Council members with consideration at keeping bias top of mind, in addition to conflict of interest future meetings. to avoid any potential issues, will be shared.
06 Registrar’s Report B. O’Riordan formally welcomed K. Eskritt to her first Council meeting. The Registrar thanked B. Kroll for his positive words about staff and he shared his appreciation for the dedication and commitment of Council. B. O’Riordan summarized his report, highlighting that significant time will be spent revising By-Law 2011-1. C. Bock updated Council that the Chair Training Session
CASLPO Council Meeting – December 8, 2017 Draft Meeting Minutes as at December 8, 2017; January 12 2018; lg
recently held was positively received. In future, all Council will be invited to attend a Chair Training webinar. B. O’Riordan reported on items that have occurred since his report was written: - The Health Professions Regulatory Advisory Council (HPRAC) last week announced that it has opened consultations on the referral on Applied Behaviour Analysis (ABA), which it recently received from the Honourable Dr. Eric Hoskins, Minister of Health and Long-Term Care. All CASLPO members were encouraged to consider participating in the survey distributed to them directly from CASLPO. We know many SLPs are involved in this area. We will review OSLA’s submission as well. - The provincial government, this week, announced sweeping changes in the handling of auto insurance accident claims in response to the April 2017 report of Special Advisor, David Marshall. B. O’Riordan reported that he attended a meeting representing FHRCO on this topic. We won’t see measures coming into force until March 2018. - Excerpts from the Ontario Progressive Conservative Platform were released November 25, 2017 including healthcare proposals affecting the Assistive Devices Program (ADP). We will continue to monitor all parties proposals. - Responses to the Council member hotel accommodation survey distributed by R. Cimerman are being reviewed by staff. An update will be provided at the March 2, 2018 CASLPO Council meeting. The input will be examined before a June 2018 contract renewal requirement date.
06.1 Membership Statistics A: The membership statistics reporting B. O’Riordan reported that a two-year annual comparison format will be of the member statistics report was included as suggested adjusted over time to at the November 17, 2017 Executive Committee meeting. add clarity to a two The statistics comparison was favorably received. year comparison. 06.2 Practice Advice Summaries B. O’Riordan summarized the Practice Advice report. A. Carling thanked P. Singh and I. Samson for organizing a ‘sexual abuse prevention’ expert speaker session that enabled all staff to attend. It was noted that the practice
CASLPO Council Meeting – December 8, 2017 Draft Meeting Minutes as at December 8, 2017; January 12 2018; lg
advice trends are analyzed. Calls from the public trended higher in April, May, June 2017 with 19.4% of overall calls.
06.3 Registration Renewal Statistics The Registrar summarized the report. C. Myrie shared that this year, distribution of newly developed member resources including video, and answers to registration specific Frequently Asked Questions (FAQs), resulted in a reduction of incoming Registration Department phone calls. The registration renewal date will remain as October 1st annually regardless if October 1st falls on a weekend or weekday.
06.4 Comparison between Regulation and Association A: Develop introduction text to B. O’Riordan reported that this document, initially include Canadian distributed to members as a ‘Did You Know’ group email, Academy of resides on CASLPO’s website. It is also shared with Audiology (CAA) and University Students and is updated occasionally. Council Speech-Language & consensus was to re-send this to CASLPO membership as Audiology Canada this is a great practical document to share with members. (SAC). Consider adding information for the public in terms of ‘where to go for what’ to enable multi-purpose use. Expand distribution to international applicants. 07 Strategic Plan 2015-18 Update C. Bock summarized the Strategic Plan 2015-18 update report. Provincial political events and national CAASPR projects will be some of the influences on the next Strategic Plan.
08 CAASPR Update Report The Registrar summarized the highlights provided by the Canadian Alliance of Audiology and Speech-Language Pathology Regulators (CAASPR). CAASPR monthly update reports will be shared with Council as they become available to better inform Committee decisions.
09 Standards Project Working Group Proposal M: Approve the creation of a working B. O’Riordan summarized the project approval process for group with the new working groups or proposed projects outside of the general purpose to existing Committee and planning scope. C. Bock clarified CASLPO Council Meeting – December 8, 2017 Draft Meeting Minutes as at December 8, 2017; January 12 2018; lg
that this is not a new project, but rather an approach to determine and changing the structure of standards to make them more recommend the assessible and including a roll out to the CASLPO Executive changes to membership. A Terms of Reference document for specific the CASLPO existing roles, responsibilities and timelines pointing out the standards structure highlights was provided by C. Bock. Moved V. Papaioannou Seconded V. Vaillancourt Carried 10.1 Auditor’s Report for 2016-17 Presentation by Auditor M: To approve the Auditor’s Report R. Cimerman introduced Blair MacKenzie, Hilborn LLP. B. 2016-17 as MacKenzie summarized the collaborative audit process presented by the between CASLPO and the external auditors before Auditor. summarizing the CASLPO financials. It was noted that the financial principles used have remained the same as last year. The Auditor’s Report is a positive reflection of your management team. The three audit phases were described including the pre-audit, field audit (auditors working on- site at CASLPO), audit presented to the CASLPO Financial Committee. Finally, the audited financials representing a clean opinion were presented. B. O’Riordan thanked B. MacKenzie for the work that he and his staff undertook as well as R. Cimerman, CASLPO Director of Finance. Moved V. Vaillancourt Seconded R. A. Penny Carried M: Approve the Re- 10.2 Re-Appointment of Auditor for 2017-18 Appointment of the R. Penny shared the Finance Committee’s positive Auditor for 2017-18. consensus on the work by the current CASLPO auditing company of Hilborn LLP continue. Further, when made available, CALSPO will take advantage of a newly created Tool to show that the financial statements are being audited in an appropriate manner. In the meantime, Council consensus and supported by staff is that the Hilborn LLP audit cost is reasonable, their staff are knowledgeable in terms of regulatory organizations and very professional. As such, the recommendation is to re- appoint Hilborn, LLP. Moved S. Wilson Seconded K. Bright Carried
10.3 Review of 2016-17 Financial Actuals in relation to 2016-17 Budget and 2017-18 Budget R. Cimerman summarized the report provided. Cost efficiencies are continually in focus. Council was thanked for making Committee meetings via teleconferences work CASLPO Council Meeting – December 8, 2017 Draft Meeting Minutes as at December 8, 2017; January 12 2018; lg
as we will continue with this process to enable continued cost savings in this area. M: Approve the 11 Amendments to By-Law 2011-3 proposed R. Cimerman reported that the change encompasses amendments to By- addition of two items as noted. Law 2011-3. 9.1 An application fee shall be paid for a certificate of authorization for a professional corporation 9.2 A Registration fee shall be paid for issuing or reinstating a certificate of authorization for a professional corporation. Moved V. Papaioannou Seconded T. D’Agnillo Carried
12 Regulatory System Developments
12.1 Activities of Advisory Group on Regulatory Excellence (AGRE) B. O’Riordan provided a fulsome summary of the origin of AGRE, progress to date and the framework developed to consider when focusing on improving the statutory committee process and composition. The framework developed will be reviewed by staff and Executive for possible adoption of portions of it by CASLPO.
12.2 McMaster Health Forum: Evidence Brief B. O’Riordan provided a summary of the ‘Evidence Brief’ report shared with the Federation of Health Regulatory Colleges of Ontario (FHRCO) on Modernizing the Oversight to the Health Workforce in Ontario, September 21, 2017. It concludes that the regulatory oversight process is outdated. The report reinforces the importance of continued public awareness initiatives. Staff will continue to monitor developments relating to the Forum’s report.
12.3 Clinic Regulation Update B. O’Riordan reminded Council that CASLPO previously approved and took part in a document directed to the Ministry about oversight for Clinics in Ontario. B. O’Riordan shared that a letter from Denise Cole, Assistant Deputy Minister, Health Workforce Planning and Regulatory Affairs Division indicated following the Ministry’s review of the Clinic Working Group’s report, it was found that it does not yet provide the information required to demonstrate a need for action by the Ministry at this time.
12.4 Bill 160 Update CASLPO Council Meeting – December 8, 2017 Draft Meeting Minutes as at December 8, 2017; January 12 2018; lg
B. O’Riordan reported that Bill 160 has now reached the 3rd reading stage since its introduction a couple of months ago. This bill includes many amendments that have attracted media attention, primarily, schedule 4, health sector transparency act.
13 Committee Reports
Council was reminded to come prepared with any questions arising from the reports distributed before the meeting. Terms of reference are noted at the beginning of each Committee report.
14 Next Meeting Thursday March 1, 2018 (Strategic Planning) Friday March 2, 2018 (Council) Location: CASLPO Office Meissner Fishbein Room
15 Other Business
16 Meeting Duration 9:30am –3:45pm Adjournment 17 The meeting adjourned at 3:45pm
CASLPO Council Meeting – December 8, 2017 Draft Meeting Minutes as at December 8, 2017; January 12 2018; lg
Council Meeting Evaluation December 8, 2017
Q1 The meeting was organized and chaired effectively.
Answered: 12 Skipped: 0
# RESPONSES DATE 1 Yes 12/17/2017 4:30 PM 2 yes 12/11/2017 6:29 PM 3 yes 12/11/2017 10:43 AM 4 yes 12/11/2017 8:42 AM 5 yes 12/10/2017 9:56 PM 6 Yes 12/10/2017 4:30 PM 7 Yes 12/10/2017 7:51 AM 8 Yes 12/9/2017 8:41 AM 9 Yes 12/9/2017 2:33 AM
10 Yes 12/8/2017 6:59 PM 11 Yes - good job Bob 12/8/2017 4:42 PM 12 Yes. Many thanks to Bob. 12/8/2017 2:47 PM
Q2 Background materials were adequate and provided in advance for effective discussion, deliberation and decision-making.
Answered: 12 Skipped: 0
# RESPONSES DATE 1 Yes 12/17/2017 4:30 PM 2 yes 12/11/2017 6:29 PM 3 yes 12/11/2017 10:43 AM 4 yes 12/11/2017 8:42 AM 5 yes 12/10/2017 9:56 PM
6 Yes 12/10/2017 4:30 PM 7 Yes 12/10/2017 7:51 AM 8 Yes 12/9/2017 8:41 AM 9 Very much so. 12/9/2017 2:33 AM 10 Yes 12/8/2017 6:59 PM 11 Very good materials provided 12/8/2017 4:42 PM 12 Yes. 12/8/2017 2:47 PM
Q3 Any additional comments regarding the meeting process?
Answered: 10 Skipped: 2
1 / 5 Council Meeting Evaluation December 8, 2017
# RESPONSES DATE 1 None 12/17/2017 4:30 PM 2 no 12/11/2017 6:29 PM 3 the meeting process went very smoothly as usual 12/11/2017 10:43 AM 4 time used efficiently to cover all agenda items 12/11/2017 8:42 AM 5 No 12/10/2017 4:30 PM 6 None 12/10/2017 7:51 AM 7 The introductory explanations of items regarding regulatory systems developments were very 12/9/2017 8:41 AM helpful. 8 No 12/9/2017 2:33 AM 9 No 12/8/2017 4:42 PM 10 Thanks for being flexible - important to accommodate guests like Blair. 12/8/2017 2:47 PM
Q4 The Council and the committees have the right blend of diversity and representation to lead effectively.
Answered: 11 Skipped: 1
# RESPONSES DATE 1 Yes 12/17/2017 4:30 PM
2 yes 12/11/2017 6:30 PM 3 yes 12/11/2017 10:44 AM
4 yes 12/11/2017 8:42 AM 5 Yes 12/10/2017 4:31 PM
6 Yes 12/10/2017 7:51 AM 7 Yes 12/9/2017 8:42 AM
8 Not sure 12/9/2017 2:33 AM
9 Yes 12/8/2017 6:59 PM 10 True 12/8/2017 4:42 PM 11 Yes. 12/8/2017 2:50 PM
Q5 The Council takes advantage of opportunities while acting within a risk management framework.
Answered: 10 Skipped: 2
# RESPONSES DATE 1 Yes 12/17/2017 4:30 PM 2 yes 12/11/2017 6:30 PM
3 yes 12/11/2017 10:44 AM 4 yes 12/11/2017 8:42 AM
2 / 5 Council Meeting Evaluation December 8, 2017
5 Yes 12/10/2017 4:31 PM 6 Yes 12/10/2017 7:51 AM 7 Yes 12/9/2017 2:33 AM 8 Yes 12/8/2017 6:59 PM 9 True 12/8/2017 4:42 PM 10 Yes. 12/8/2017 2:50 PM
Q6 Any additional comments regarding governance?
Answered: 7 Skipped: 5
# RESPONSES DATE 1 None 12/17/2017 4:30 PM 2 no 12/11/2017 6:30 PM
3 No 12/10/2017 4:31 PM 4 No 12/10/2017 7:51 AM
5 No 12/9/2017 2:33 AM 6 No 12/8/2017 4:42 PM
7 None. I did think today that some information items ( I am thinking of the CAASPR report for 12/8/2017 2:50 PM example) are reported in too much detail. Understanding these reports is of course important, but perhaps some thought can be given to isolating in advance which elements of these information items need additional attention at the council meetings.
Q7 I consistently support the final decisions of the Council.
Answered: 12 Skipped: 0
# RESPONSES DATE 1 Yes 12/17/2017 4:30 PM 2 yes 12/11/2017 6:30 PM
3 pretty much 12/11/2017 10:44 AM 4 yes 12/11/2017 8:43 AM
5 yes 12/10/2017 9:57 PM
6 Yes 12/10/2017 4:33 PM 7 Dissent is a positive position to take in certain situations. Depending on the decision, YES could 12/10/2017 7:56 AM be the wrong answer. 8 Yes 12/9/2017 8:51 AM
9 Yes 12/9/2017 2:34 AM 10 Yes 12/8/2017 7:00 PM
11 True 12/8/2017 4:43 PM 12 Yes. 12/8/2017 2:50 PM
3 / 5 Council Meeting Evaluation December 8, 2017
Q8 I have sufficient knowledge of the practices of the professions that the Council regulates.
Answered: 12 Skipped: 0
# RESPONSES DATE 1 Yes 12/17/2017 4:30 PM 2 yes 12/11/2017 6:30 PM 3 yes 12/11/2017 10:44 AM 4 yes 12/11/2017 8:43 AM
5 yes 12/10/2017 9:57 PM 6 I think I do 12/10/2017 4:33 PM 7 Yes 12/10/2017 7:56 AM 8 Yes 12/9/2017 8:51 AM
9 Yes 12/9/2017 2:34 AM 10 Yes 12/8/2017 7:00 PM 11 True 12/8/2017 4:43 PM 12 I believe so. 12/8/2017 2:50 PM
Q9 Any additional comments regarding my contribution at Council meetings?
Answered: 8 Skipped: 4
# RESPONSES DATE 1 None 12/17/2017 4:30 PM
2 no 12/11/2017 6:30 PM 3 No 12/10/2017 4:33 PM 4 No 12/10/2017 7:56 AM
5 There appears to be time for good discussion and questions built into agenda. I understand the 12/9/2017 8:51 AM governance role of Council and wonder if some of my comments stray more into operations....I will be mindful of this during upcoming meetings. 6 No 12/9/2017 2:34 AM
7 No 12/8/2017 4:43 PM 8 None. I feel free to express my views and ask questions at any time. 12/8/2017 2:50 PM
Q10 Please feel free to offer any suggestions for the evaluation of the Council meetings. The Executive Committee will be looking to members of Council as they design the next year's evaluation format and content.
Answered: 5 Skipped: 7
4 / 5 Council Meeting Evaluation December 8, 2017
# RESPONSES DATE 1 these surveys seem to allow members to provide sufficient feedback while not too time demanding 12/11/2017 8:45 AM and are a good blend of directed and open ended items 2 No suggestions at this time 12/10/2017 4:35 PM
3 I have found the meetings I’ve attended to be well planned and executed. The staff provide 12/9/2017 9:14 AM excellent introductory information and our chair has done an excellent job of keeping us on track (on topic and on time) while allowing for robust discussion and sufficient time for questions and comments. Discussion is stimulating with good participation and input from members. I leave meetings feeling that we’ve accomplished what the staff and president had set out in the agenda. From a personal perspective, my understanding of issues is expanded and enhanced and hopefully will impact positively on my future contributions as council member.
4 Last open-ended question to solicit feedback outside of spefic survey questions 12/8/2017 4:44 PM 5 Given that we meet quarterly, I believe we should comment on every meeting. I would also invite 12/8/2017 2:52 PM perhaps a year end summative, looking back at the key elements of the years' work at the council table and commenting in a broader way.
5 / 5 CASLPO STRATEGIC PLAN 2015‐2018* = In progress = completed = needs attention Quarterly Report to Council March 2, 2018
On Strategic Start Date Completion track: Reason not Project Date time, on track Metrics Comments Status Goal money, scope? Enhance the Quality Assurance members’ quality 1. Enhance the QA program by 2014 Jan 2018 Yes Survey: Further metrics following measuring clinical reasoning (QAC) Preliminary results from pre and post use the QAC review of the of practice (Clinical Reasoning Tool‐CRT) of the CRT suggest data PAs and members rate CR as an important skill (4.9/5) Trial of the Clinical PAs and members shifted from a low‐ Reasoning Tool for 2017 positive to a high‐positive view that peer assessment has the CRT is a valid post administration been completed, the of the CRT data is being analysed. Measure reliability: Will record 2017 peer NOTE: CASLPO presented assessment (Clinical Reasoning on CRT at CLEAR part) and have scoring completed Conference in September by 2nd PA 2017, and will present at Also gathering additional data SAC in May 2018 from PAs administering to colleagues Preliminary data is positive 2. Increase the # of peer assessments to Jan 2016 Jan 2017 Yes Track statistics regarding members 35 were selected in
50 by 2017 (QAC) “meeting the standard” 2016 Compare to other health Colleges 50 were selected (% of membership) 2017 Added peer assessors Jan 2017 Jan 2018 Measure the “ripple effect” (how Added Questions to 2017 much did the member’s peer peer assessment survey assessment affect their colleagues) Collecting data currently
1 *See “CASLPO’s 2015‐2018 Strategic Plan: A Road Map for Success” On Strategic Start Date Completion track: Reason not Project Date time, on track Metrics Comments Status Goal money, scope? 3. Develop process to include non‐ Sept 2015 Jan 2019 Extend Resources Track data regarding meeting Non‐clinical members clinical members in peer assessment ed applied to standards have completed the pilot (QAC) time CRT Member survey metrics Completed feasibility study with Assessments and data volunteers across settings: all were collection commenced able to identify evidence for indicators Valuable feedback, 2017 evidence collected from including the notion that members and analyzed by PAs and there are more indicators the QAC that could be added. Completed the pilot with 6 members: These will be reviewed 100% compliance for the next SAT for 2019 Members had ample evidence for all indicators (with the usual exceptions e.g. supervision indicator) 4. Develop a jurisprudence tool for those Spring 2016 2019 Yes Collecting background info, including QAC have determined who fall below the standard (QAC) examples from our counterparts. this will be an on‐line version of the Knowledge Review (currently used) and will be used for SCERPs Begun the process of vetting the existing Knowledge Review Practice Standards 1. Revise all standards so they are 2016 2018 Yes Survey metrics (from standard survey Survey for members in structured to distinguish general from used when circulating new documents) circulation until fall 2017 disorder specific competencies (Staff together with focused survey Survey in circulation with Aud and SLP PAC) Compare website hits pre and post (over 1000 respondents)
Now have the
2 *See “CASLPO’s 2015‐2018 Strategic Plan: A Road Map for Success” On Strategic Start Date Completion track: Reason not Project Date time, on track Metrics Comments Status Goal money, scope? draft website reorganization draft “general standards” draft “specific setting” standards Next: member webinars for feedback 2. Convert writing to a more accessible 2015 2018 Yes Member survey metrics (from the 3 Ongoing as we develop style (Staff) documents that have completed and/or revise documents circulation): Will have more staff, who 1. Guide Service Delivery Across Diverse communicate to Cultures: 89‐94% Yes clear members, attend course 2. PSG on Provision of Hearing Aid Services: 76‐100% yes clear 2 more documents soon 3. Support Personnel for SLPs: 83‐91% to be circulated and will yes clear track feedback
3. Create a focus on interprofessional 2016 2018 yes Track whether all new documents collaboration throughout the contain a focus on IPC:
standards (Staff with Aud and SLP Yes, 5 of the 5 new documents do (Guide PAC) Service Delivery Across Diverse Cultures, Use of Support Personnel by SLPs and PSG on Provision of Hearing Aid Services Added to Clinical Reasoning Tool and Cerumen Management) 4. Develop support materials for all new MOHLTC Will measure uptake of FAQs through Gathering FAQs for regulations: Approval website hits records and advertising
not yet queries and will make a. Records received b. Advertising 3 *See “CASLPO’s 2015‐2018 Strategic Plan: A Road Map for Success” On Strategic Start Date Completion track: Reason not Project Date time, on track Metrics Comments Status Goal money, scope? c. Professional Misconduct that the basis of general Have input support materials. from Have developed a MOHLTC “records course” to for COI reg address SCERP so will requirements, discuss consequently a “learning with module” as originally Executive contemplated no longer required Also developed an e‐ Forum for Records 5. Position statements Fall 2015 Fall 2017 Yes Member survey metrics: Draft going to Council for a. 2nd opinion 2016 Need for the standard established approval for stakeholder (Aud and SLP PAC) (38% of respondents are involved in response in March 2018 2nd Op in some manner) Will do survey to determine have we met the need with circulation of draft c. Revisions in 2 position statements Spring 2016 September Circulation not required as revisions do
related to new hearing aid 2016 NOT involve any changes to or additions document of policies (Aud PAC) d. Revise PPG on Cerumen Spring 2017 Fall 2017 Yes This is the last document Management to be converted to (Aud PAC) “standards” This was added as a project out of necessity Draft going to Council for approval for stakeholder response in March 2018
Mentorship
4 *See “CASLPO’s 2015‐2018 Strategic Plan: A Road Map for Success” On Strategic Start Date Completion track: Reason not Project Date time, on track Metrics Comments Status Goal money, scope? 1. Align mentorship process with SAT April 2017 Spring 2018 Yes Secured a vendor online (Registration Committee) Pilot scheduled for spring 2018
2. Enhance the evaluation of the Initial To be No earlier Will complete the Practice Registrants (Registration Cmt) determined than 2018 piloting within QA first May be carried over to next strategic plan? 3. Provide training for the mentors To be Dependent (Registration Cmt) determined on Project #1 above
1. Post more information regarding 2014 Jan 2016 Yes Any of the additional Increase Transparency, members on the public register information that arises as (Staff) of January 1, 2016 will be effectiveness and posted efficiency 2. Develop Communicatively Accessible Nov 2015 Summer Yes Measures of accessibility for stroke Recently posted at Materials (Staff) 2016 survivors in spring 2016: http://www.caslpo.com/ Survey following review by stroke accessibility 4th survivors with aphasia revealed 100% document: were able to answer content questions Will develop “How to winter about the documents Access the Register” next 2018? Timeline dependent on revisions to public register access 3. Develop and apply communication 2015 ongoing Yes Survey regarding circulated materials: see Communication
standards for all documents and results above in item #2 under standards have been materials (Staff) developed for internal use and are consistently applied
5 *See “CASLPO’s 2015‐2018 Strategic Plan: A Road Map for Success” On Strategic Start Date Completion track: Reason not Project Date time, on track Metrics Comments Status Goal money, scope? Public Awareness Campaign (Staff with Dec 2015 Dec 2015 Yes Polling results of 800 polled: Increase the public’s Patient Relations Cmt): Low awareness that SLPs and Auds 1. polling public are regulated awareness of the High awareness of what SLP and Aud College and its do members Public’s main sources for health info: Dr.s and social networks 2. Develop materials and strategy Feb 2016 Dec 2016 Yes
3. Distribute
a. May is Speech and Hearing May 2 2016 May 30, Yes Email open rate:
Month (promote e‐Badge, 2016 46.1% (2 emails May Launch & videos, accessible materials Reminder) through our members) Clicks to the 3 resources: 22.9% clicks overall; 401 eBadge 307 clicks (55.5%) videos 116 clicks (20.9%) accessible 126 (22.7%) eBadge, videos and accessible materials
Compare to views, open and click rates after May Sessions*: May 6,550 vs. Sessions*: June 4,982 *Interaction given timeframe. Can contain multiple screen or page views.
Survey members: collecting data as of August, 2016: 72 Members Responded 13 of 59 used eBadge. 71%: instructions ok 6 *See “CASLPO’s 2015‐2018 Strategic Plan: A Road Map for Success” On Strategic Start Date Completion track: Reason not Project Date time, on track Metrics Comments Status Goal money, scope? 35% Use of eBadge easy 46% agreed distributing CASLPOs video is an opportunity to increase public awareness and education
b. Social Media: Fifth Story May 2 2016 Target views Yes Compare video views before and after
Facebook post of videos reached exposure through social media: May 2‐19 Fifth Story Video: “May Is Speech and Hearing Month” Viewed: 94,243 Engagement: Reactions: 34 (32 likes & 2 loves) Shares and Comments: 15
Video: “Is Your Audiologist and Speech‐Language Pathologist Registered?” Viewed: 93,986 Reactions: 152 Repeat above Oct 3, 2016 Oct 31, Yes I. October 3‐31 Fifth Story
2016 Video: “Audiologists & Speech‐ Language Pathologists are Regulated” Viewed: 81,250 Reactions: 49
I. October 3‐31 Fifth Story Video: “Where to Find an Audiologist & Speech‐Language Pathologist” Viewed: 83,046
7 *See “CASLPO’s 2015‐2018 Strategic Plan: A Road Map for Success” On Strategic Start Date Completion track: Reason not Project Date time, on track Metrics Comments Status Goal money, scope? Reactions: 120
Cumulative: Impressions: Video Series in clinics: (Number of times target audience exposed to video) – just over 1 Million!
Facebook Views; 4 Videos (min. 80,000 each x 2 for 2 months; just under 400,000
CASLPO Website: Spiked visitors at launch; sessions e.g. May+1568 vs. June. Interaction at timeframe. Repeat above May 1, 2017 May 31, Yes Compare video views before and after
2017 exposure through social media:
May 1‐31 Fifth Story Video: “May Is Speech and Hearing Month” Total Views: 78,175 (Some people might have seen the video more than once.) Total Reach: 76,642 (Number of people that saw the content.) Impressions: 158,343 (Total number of times video was Repeat above Fifth Story displayed in target audience’s news Facebook posts feed.) Reactions: 28 (12 likes, 1 comment, 15 shares) (Likes, Loves, Comments, and Shares)
8 *See “CASLPO’s 2015‐2018 Strategic Plan: A Road Map for Success” On Strategic Start Date Completion track: Reason not Project Date time, on track Metrics Comments Status Goal money, scope? Video: “How to find regulated audiologists and speech‐language pathologists?” Total Views: 84,732 (Some people might have seen the video more than once.) Total Reach: 65,859 (Number of people that saw the content.) Impressions: 174,816 (Total number of times video was displayed in target audience’s news feed.) Reactions: 19 (18 likes and 1 share) (Likes, Loves, Comments, and Shares)
(at April 21, 2017; lg All member group email Apr. 3, 2017 54.1% open Accessibility: 27 clicks e‐Badge: 173 clicks videos: 53 clicks 228 clicks
“We can help you with May Activity Resources” Brochure Requests: Total Members: 16 585 English 89 French
Total Public Use: 3 requests 9 *See “CASLPO’s 2015‐2018 Strategic Plan: A Road Map for Success” On Strategic Start Date Completion track: Reason not Project Date time, on track Metrics Comments Status Goal money, scope? 50 English UofT Elderly Hearing Survey 50 English Baycrest 50 English Community Presentation
. Sept 4‐30, Fifth Story Facebook Sept. 1 2017 Sept.30 Yes 2017 Video 1: Audiologists & Speech Language Pathologists are Regulated.
Total Views: 85,078 Total Reach: 69,799 Reactions: 80 (53 Likes, 4 Comments, 20 Shares)
Video 2: Where to Find an Audiologist & Speech‐Language Pathologist
Total Views: 89,232 Total Reach: 61,483 Reactions 46 (32 Likes, 2 Comments, 7 Shares)
c. Social Media: Develop Oct 2016 Oct 2017 Launch date: Feb 1 2018
CASLPO’s own SM presence (e.g. facebook, twitter?) d. Drs’ Offices: video only May 2, 2016 May 31, Compare to views/impressions after May
2016 May Delivered: 544,385 Views (Contracted May 250,000). Overachieved +294,382; 217%
10 *See “CASLPO’s 2015‐2018 Strategic Plan: A Road Map for Success” On Strategic Start Date Completion track: Reason not Project Date time, on track Metrics Comments Status Goal money, scope?
CASLPO YouTube Channel May: 110, 123, 142 Views 3 videos; July, August – No Activity e. Drs’ Offices: video and Oct 3, 2016 Oct 31, Compare to impressions after May
brochure 2016 October Delivered: 582,418 Considering additional impressions opportunities for (Contracted Oct 250,000) distribution for 2017 Overachieved +332,418; 233% Brochures: The network (CHMN) has moved to Count # of brochures taken: digital brochure Brochures inserted into stands will distribution that enables remain in display stands until all are capture of how many picked up. visitors look at or 68 Waiting rooms stocked 50 download the brochure. brochures Brochure Total: 3,400
NOTE: Combined # of times target audience exposed to 2 videos over 2 months: 949,731 impressions! f. Drs’ Offices: video May and End of May Yes Guaranteed impressions: 250,000 x 2 Brochure distribution not
Sept 2017 (for May and Sept) available: See below (i)
and Sept, Sept 4‐30, 2017 (Booked 68 Waiting Rms) 2017 Sept. Delivered 446,928 Impressions (Contracted Sept 250,000) Actual: 78 Waiting Rooms Overachieved +196,928; 179%
11 *See “CASLPO’s 2015‐2018 Strategic Plan: A Road Map for Success” On Strategic Start Date Completion track: Reason not Project Date time, on track Metrics Comments Status Goal money, scope?
g. Member distribution: Nov 2016 Nov 2017 I. Brochures: Will consider another
I. offering brochures to 62 Members (36 SLPs/26 AUDs) push to offer to members members signed up to receive 20 ea. hardcopy brochures in the mail. Total: 1,240 16 clicks to brochure from website; (11 unique visitors)
II. eblast to members CASLPO YouTube Channel May to Oct: regarding video 461 views (3 videos combined) resources
h. Brochure translation Measure website click rates: Added project based on
Group Email to all Members March 2, PR cmt input 2017: Sent: 4012 Opened: 2069 (52.3%) Email Clicks: 375 (18.1%) Brochures; Unique clicks; All Languages: 469
Individual Brochure Unique Click‐ Throughs via members resulting from group email Arabic: 24 (5.1%) Chinese (Simplified): 22 (4.7%) English 319: (67.6%) French: 49 (10.4%) Hindi: 9 (1.9%) Italian: 13 (2.8%) Punjabi: 12 (2.6%)
12 *See “CASLPO’s 2015‐2018 Strategic Plan: A Road Map for Success” On Strategic Start Date Completion track: Reason not Project Date time, on track Metrics Comments Status Goal money, scope? Spanish: 18 (3.8%) 472 Total Brochure Clicks
Google Analytics: March 2‐April 20, 2017: Unique clicks via website per Brochure Arabic: 6 Chinese: 7 English: 114+6=118 (2 web locations) French: 9 Hindi: 3 Italian: 2 Punjabi: 7 Spanish: 2
Best Health magazine insert May 2017 September, 20,000 brochures x 2 (total of 40K New opportunity sought
2017 distributed in May and September) out given there wasn’t the possibility of distributing brochures through the Dr’s office in 2017. However, we are continuing to seek out alternate companies that may provide this service 5. CHCH “We Mean Business” 2016 August 2017 yes Estimated: CHCH‐TV channel Reach: First run Sept.10 & 24 ’16
“2.3 million GTHA weekly”. “Dedicated Video rerun Aug 6 & 13’17 GTA viewers specifically; approx.30K”as per H. Roberts, CHCH‐TV Producer. Google Analytics CASLPO Show promoted via Producer’s Twitter Website Landing Page feed 1,650 followers. Aug. 6 & Aug 13 saw bump in activity ‘following’ air dates.
13 *See “CASLPO’s 2015‐2018 Strategic Plan: A Road Map for Success” On Strategic Start Date Completion track: Reason not Project Date time, on track Metrics Comments Status Goal money, scope? 6. CHCH “We Mean Business”: parsed 2017 Spring 2017 Hits measured: Currently on our Youtube
into 8 separate videos Youtube channel video Hits; Main Video channel 156 Will use as content once 8 Short Videos: Collectively 114 views CASLPO has established a social media presence Breakdown:
Answers to questions about Audiology and Speech‐Language Pathology Services: 156 views
Why Would I go See an Audiologist or Speech‐Language Pathologist? 18 views
Why Is It Important For Me To See A Regulated Professional? 15 views
What Hearing Aid Funding Options Are Available To The Public? 23 views
The Regulation of Audiologists and Speech‐Language Pathologists 17 views
What Happens when CASLPO receives a Complaint? 9 views
How Does the College Help Those with Disabilities Or Communication Barriers? 14 *See “CASLPO’s 2015‐2018 Strategic Plan: A Road Map for Success” On Strategic Start Date Completion track: Reason not Project Date time, on track Metrics Comments Status Goal money, scope? 12 views
How Can you Help Me Find a Qualified Speech‐Language Pathologist or an Audiologist? 7 views
Do I need a Referral when I want to see an Audiologist or Speech‐Language Pathologist? 13 views
7. NEW: Public Awareness Poster; AUDs 2017 Spring 2018 Member Distribution Collectively: & SLPs (EN/FR) Patient Relationship (Offer to members) Poster developed by CASLPO, offered to members to either receive Downloads from CASLPO Website: hardcopy printed version (1‐3) or download from caslpo.com 8. Drs’ Offices: video only (90 sec) May 1, 2018 May 31, Guaranteed 115,000 Impressions/month. 2018 Drs’ Offices: video only Sept. 1 2018 Sept. 30 Guaranteed 115,000 Impressions/month. 2018 9. Repeat above Fifth Story Facebook May 1, 2018 May 31, Fifth Story Facebook Posts, Min. 40,000‐ posts: 1 of 2 30 second Videos – 2 mos. 2018 50,000 views.
Repeat above Fifth Story Facebook May 1, 2018 May 31, Fifth Story Facebook Posts, Min. 40,000‐ posts: 1 of 2 30 second Videos – 2 mos. 2018 50,000 views.
10.Repeat above Fifth Story Facebook Sept. 1, Sept. 30, Fifth Story Facebook Posts, Min. 40,000‐ posts: 2 of 2 30 second videos – 2 mos. 2018 2018 50,000 views. Repeat above Fifth Story Facebook Sept. 1, Sept. 30, Fifth Story Facebook Posts, Min. 40,000‐ posts: 2 of 2 30 second videos – 2 mos. 2018 2018 50,000 views.
15 *See “CASLPO’s 2015‐2018 Strategic Plan: A Road Map for Success” On Strategic Start Date Completion track: Reason not Project Date time, on track Metrics Comments Status Goal money, scope? 11. ADD: Expand Video Promotion; May 1 2018 May 1 2018 Estimated 54 waiting rooms, 60 screens, include Key Ontario hospital screen estimated public/patient reach: waiting rooms: 1 Month. Video speaks to 287,400 Role of College Driving Awareness. 12. Repeat from Year 1 – Brochure Quarter Quarter Brochure Distributed to 105 Clinic Distribution: New Vendor IDS enables Includes Includes Locations pick‐up metrics. May 2018 May 2018 velocity report; pick‐up. In market IDS 2 Quarters. Report available 6 weeks after Q close. Repeat from Year 1 – Brochure Quarter Quarter Brochure Distributed to 105 Clinic Distribution: New Vendor IDS enables Includes Includes Locations pick‐up metrics. Sept 2018 Sept 2018 velocity report; pick‐up. In market IDS 2 Quarters. Report available 6 weeks after Q close.
16 *See “CASLPO’s 2015‐2018 Strategic Plan: A Road Map for Success” REPORT TO COUNCIL
REGISTRAR’S REPORT: DECEMBER 8, 2017- MARCH 1, 2018
BRIAN O’RIORDAN
MEETING DATE March 2, 2018 REPORT DATE February 23, 2018
INTRODUCTION Since our last Council meeting on December 8, 2017, I have been focused primarily on:
CAASPR Projects and Meetings; Development of Annual CASLPO Operational Plan; Internal Human Resources re-organization; Public Awareness Project development, including Social Media and poster development; By-Law 2011-1 Revisions
OPERATIONAL MATTERS a) Current College membership statistics are attached to this report along with updates regarding Clinic Regulation Project conclusion, FHRCO new ‘ontariohealthregulators.ca’ video launch. b) Operational Plan Session with all staff held on January 18; operational departmental plans at approval stage. c) Met individually with all staff during January and February. d) Worked with staff on shaping of upcoming Strategic Planning development. e) Worked with staff on revamp of College presentations to University students, based on input solicited from University Program Directors. f) Approved planning and draft scheduling of professional member election. g) Administration of Self-Assessment Tool (SAT) program successfully completed by QA staff led by Alex Carling. h) Implementing new performance evaluation process for all staff; review dates harmonized for all staff (new cycle is October 1 to September 30); i) New performance evaluation process for Registrar being developed (New cycle is October 1 to September 30).
CASLPO COMMITTEE MEETINGS I attended meetings of the following Committees: Executive
Patient Relations Inquiries Complaints and Reports Committee (ICRC)
EXTERNAL MEETINGS: I represented the College at the following external meetings:
Canadian Alliance of Audiology and Speech-Language Pathology Regulators (CAASPR): Registrar Meetings (January 25; February 20); Executive Committee (January 11, February 6) National Exam Working Group (January 22, February 5, 12, 20, 26) National Essential Competencies Consultation (February 23) Meeting with Fazal Khan, Registrar, College of Opticians of Ontario (January 16) Meeting with Lisa Taylor, Registrar, College of Dental Hygienists of Ontario (January 30) Attended Canadian Club Luncheon, “Learn to Lead without Bias” (January 17) Attended College of Opticians of Ontario Open House (February 15)
As always, I invite any member of Council to contact me in between Council meetings with any questions, comments or concerns.
Thank You.
MEMBER STATUS COUNT BY DISTRICT Feb 13 2018 10:44AM
SPEECH-LANGUAGE PATHOLOGISTS
Membership Outside District Total Status Ontario 1 2 3 4 5 Academic 1 1 3 6 1 12 General 32 439 1,280 879 164 144 2,938 Initial 3 11 59 30 15 6 124 Life 1 4 20 20 2 2 49 Non-Practicing 34 26 72 48 9 6 195 Suspended 2 1 1 4 Total 73 482 1,435 983 191 158 3,322
AUDIOLOGISTS
Membership Outside District Status Total Ontario 1 2 3 4 5 Academic 3 4 7 General 16 145 259 207 32 39 698 Initial 1 9 8 7 1 1 27 Life 4 4 1 9 Non-Practicing 8 6 8 14 1 37 Suspended 1 1 Total 25 163 279 237 34 41 779
Totals 98 645 1,714 1,220 225 199 4,101
DISTRICTS 1. Eastern – includes: Ottawa, Peterborough, Kingston 2. Central – includes: GTA 3. Southwestern 4. Northwestern – includes: Bruce & Grey counties, Thunder Bay & Sudbury 5. Northeastern – includes: Haliburton, Simcoe & Muskoka, Cochrane, Nippising, Parry Sound & Timiskaming MEMORANDUM
PRACTICE ADVICE: 2017 REPORT
TO Council FROM Alex Carling, Director of Professional Practice and Quality Assurance DATE Feb 14, 2018 MEETING DATE Mar 2, 2018
FOR INFORMATION PURPOSES
One of the College’s strategic goals is to enhance the members’ quality of practice. The expected outcomes include members reflecting on practice effectively, understanding expected competencies and standards and appreciating the role of the College. The Practice Advice Program seeks to contribute to the successful completion of the strategic goal.
2016-2017 COMPARISON The total numbers of calls/emails to Practice Advice has risen again from 2126 (2016) to 2394 (2017), a 9% increase. You will see a significant increase in the number of audiology contacts from 191 in 2016 to 352 in 2017, a 54% increase. Kudos to Samidha Joglekar for answering audiology queries effectively and encouraging more audiologists to contact the College. There were more contacts in 2017 for SAT/CLACs/PA. The increase in numbers of members selected for peer assessment, in part, accounts for this.
CHANGES FOR 2018 We have added more categories to the Practice Advice database to provide more meaningful information to Council, the committees and staff. For example, we have separated out SAT from Peer Assessment and divided PHIPA into consent and storage and confidentiality.
PRACTICE ADVICE STATISTICS 2017 Total Category SLP AUD Other Public Calls Percentage Advertising 22 16 6 0 64 2.67% Code of Ethics 7 13 0 2 22 0.92% College Process 15 8 6 3 32 1.34% Conflict of Interest 20 9 1 1 31 1.29% Consent & Capacity 45 8 4 4 61 2.55% Fees/Billing 70 13 8 7 98 4.09% Find a practitioner 7 3 53 223 286 11.95% PHIPA 70 7 3 0 80 3.34% Private Practice 131 22 1 3 157 6.56% Records 143 13 16 2 174 7.27%
CASLPO●OAOO Page 1 of 4 Registration/Mentorship 198 34 6 3 241 10.07% Review & Refer (PC/registrar) 19 2 2 1 24 1.00% SAT/CLACS/PA 451 117 1 0 569 23.77% Scope of Practice/Controlled Acts 76 9 17 1 103 4.30% Standards of Practice 200 70 26 19 315 13.16% Supervision/Students 18 3 0 2 23 0.96% Support Personnel 73 5 9 3 90 3.76% Telepractice 21 0 3 0 24 1.00% Total 1586 352 162 274 2394
Annual Chart 2017 ‐ Practice Advice Calls
Telepractice 24 Support Personnel 90 Supervision/Students 23 Standards of Practice 315 Scope of Practice/Controlled Acts 103 SAT/CLACS/PA 569 Review & Refer (PC/registrar) 24 Registration/Mentorship 241 Records 174 Private Practice 157 PHIPA 80 Find a practitioner 286 Fees/Billing 98 Consent & Capacity 61 Conflict of Interest 31 College Process 32 Code of Ethics 22 Advertising 64 0 100 200 300 400 500 600
PRACTICE ADVICE STATISTICS 2016
Total Category SLP AUD Other Public Calls Percentage Advertising 31 8 7 3 64 3.01% Code of Ethics 29 2 1 1 33 1.55% College Process 14 3 2 0 19 0.89% Conflict of Interest 31 5 1 0 37 1.74% Consent & Capacity 80 3 1 3 87 4.09% Fees/Billing 67 17 3 4 91 4.28% Find a practitioner 7 5 41 204 257 12.09% CASLPO●OAOO Page 2 of 4 PHIPA 94 10 2 2 108 5.08% Private Practice 87 11 1 4 103 4.84% Records 186 10 3 1 200 9.41% Registration/Mentorship 175 12 22 7 216 10.16% Review & Refer 25 6 2 5 38 1.79% SAT/CLACS/PA 342 40 2 0 384 18.06% Scope of Practice/Controlled Acts 68 9 7 7 92 4.33% Standards of Practice 175 44 21 12 252 11.85% Supervision/Students 31 1 1 0 33 1.55% Support Personnel 85 1 5 5 96 4.52% Telepractice 10 4 2 0 16 0.75% Total 1537 191 124 258 2126
Annual Chart 2016 ‐ Practice Advice Calls
Telepractice 16 Support Personnel 96 Supervision/Students 33 Standards of Practice 252 Scope of Practice/Controlled Acts 92 SAT/CLACS/PA 384 Review & Refer 38 Registration/Mentorship 216 Records 200 Private Practice 103 PHIPA 108 Find a practitioner 257 Fees/Billing 91 Consent & Capacity 87 Conflict of Interest 37 College Process 19 Code of Ethics 33 Advertising 64 0 50 100 150 200 250 300 350 400 450
CASLPO●OAOO Page 3 of 4 Communiqué – Conclusion of the Clinic Regulation Project
January 2018
Since early 2015, the College of Physiotherapists of Ontario has been part of a partnership with 11 other regulatory Colleges (the “Clinic Regulation Working Group”) to explore risks associated with a gap we identified in clinic oversight in Ontario. The Clinic Regulation Working Group conducted research into the issue and held consultations to gather input from a variety of stakeholders. We developed a range of potential approaches that might help to address our concerns.
In September 2016, the Working Group submitted a report to the Minister of Health and Long‐Term Care and recommended that the government establish a forum for further examination and discussion of how best to ensure that Ontarians receive safe, patient‐centred care in all settings.
Since submitting the report in September 2016, the Working Group has had ongoing discussions with the Ministry in an effort to ensure that Ministry is aware of the gap and its associated risks and engage in discussions about next steps. Throughout, Ministry staff have indicated interest in our work and have been receptive to further discussion.
However, it is our understanding that the Ministry is currently focused on other priorities, and cannot make concrete commitments to take action to address the clinic regulation issue at this time.
Accordingly, the Working Group believes that any further action at this time would not be fruitful, and has agreed to formally conclude the project.
The Working Group members are very pleased with the collaboration on this important project to pursue the public interest. We sincerely thank our members and stakeholders for their engagement and input throughout this project.
Ontario Health Regulators Launched a New Video
Ontario Health Regulators launched a new video for the public. Watch the video here.
CASLPO continues to work collaboratively with Ontario’s other 25 health Colleges through its participation in the Federation of Health Regulatory Colleges of Ontario (FHRCO). CASLPO is part of the Ontario Health Regulators’ (OHR) public awareness effort including development of a new public website, a one-stop gateway to the websites of all 26 health regulators in Ontario.
From the website, the public can find the most trustworthy, relevant, and up-to- date information about the colleges and the health professionals they regulate.
The new video, supports the new OHR website developed to enable patients to easily find reliable information about their health care professionals. Please share this widely.
Click to access the following services from each of the 26 regulatory colleges all from one place:
• Learn your rights as a health consumer • Find a regulated healthcare professional • Get help on how to file a complaint about your healthcare professional
The new video is posted on the OHR website landing page. ontariohealthregulators.ca
For more information, Visit ontariohealthregulators.ca DRAFT 2018 PROFESSIONAL MEMBER ELECTION PROCESS
DATE ACTION Elections every year on Election date for: three year cycle District 2 (Central) Elect One SLP (Yvonne Wyndham)* Elect One AUD (Vicky Papaioannou)
District 4 (North‐West) Elect one SLP OR AUD (Sandi Singbeil)
District 5 (North‐East)
Elect one SLP OR AUD (Jennifer Anderson)*
Fri. March 2, 2018 Council sets election date for 2018 election as May 23, 2018 (follow‐up via email) Fri. March 9, 2018 CASLPO – Notification of Election & Call for Nominations to Members (75 days prior to Election Date)
Notification
1) Cover Letter from Registrar 2) Nomination Procedures 3) Nomination Form 4) Biographical Summary and Candidate Statements Fri. April 6, 2018 MEMBERS – Nominations Close
(45 days prior to Election Date)
Tues. April 10, 2018 1) Notification of Acceptance of Nominations Mon. April 23, 2018 CASLPO ‐ List of Candidates and e‐Ballots sent to members (30 days prior to Election Date)
Enclosures
1) Cover Letter 2) Ballot 3) Candidates’ statements Wed. May 23, 2018 12:00 P.M. Deadline for casting of e‐Ballots Wed. May 23, 2018 Date of Election – Counting of e‐Ballots Wed. May 23, 2018 CASLPO ‐ Announce Results of Election of Members Registrar to send letter of congratulations to successful candidate Registrar to phone/send email to unsuccessful candidates Person elected takes office on day of election. Fri. June 8, 2018 Person elected attends the June 8, 2018 Council meeting * Eligible for re‐election. MEMORANDUM
PROPOSED AMENDMENTS TO CASLPO BY-LAW #1
TO Council FROM Brian O’Riordan DATE Feb 26 2018 MEETING DATE Mar 2, 2018
ACTION
To receive presentation from Cathi Mietkiewicz of Steinecke, Maciura, LeBlanc regarding the proposed amendments and be in a position to approve amendments at the next meeting of Council in June.
BACKGROUND
The College periodically reviews By-Law #1 to make needed changes based on Council member and staff experience in operationalizing and applying various aspects of the By-Law. The last major review of the By-Law took place in 2014.
Over the past year, I have been taking notes on individual suggestions for changes from both Council members and staff. I have had two meetings with Cathi Mietkiewicz to review content matters.
You will find in preparation for this item on the Council agenda for March 2, 2018, two documents:
A tracked changes version of the proposed amendments A three-column chart showing current By-Law wording, proposed changes and rationale/comment. Cathi will make a presentation at Council and respond to initial questions/comments. However, there will be no vote on the amendments until the next meeting of Council in June. I will be encouraging members of Council to send any comments on the By-Law to my attention by April 13, 2018.
As some of the proposed amendments relate to Committees, we have also included as background the current Committee summary chart.
CASLPO●OAOO Page 1 of 1
COLLEGE OF AUDIOLOGISTS AND SPEECH-LANGUAGE PATHOLOGISTS OF ONTARIO COMMITTEE COMPOSITION - 2017-2018 Approved by Council September 28, 2017; rev. Jan 9 2018; lg
Executive Inquiries, Complaints and Reports Discipline Fitness to Practice Patient Relations Quality Assurance Registration Audiology Practice SLP Practice Finance (6) Committee (9) (8) (4) (6) (6) (6) (7) (7) (5)
AT LEAST: 4 Council; (2 AT LEAST: 4 Council: AT LEAST: 5 Council;(2 AT LEAST: 4 Council AT LEAST: 4 Council AT LEAST: 4 Council (2 Professional-1 AT LEAST: 5 Council: AT LEAST: 3 Council Professional/SLPs; AT LEAST: 4 Council (2 Professional; 1 AUD; 1SLP; Professional-1 AUD, 1SLP; (2 Professional-2 AUD; 2 Public) (2 Professional-1AUD,1SLP; 6 Council (4 Professional; 2 Public) 2 A; 1 S; 2 Public) 1 NC, (2 Professional, 3 Public) (1 Professional;2 Public) 2 Public) (2 Professional-1 AUD; 1 SLP) ; 2 Public) 1 Academic; 2 Public) 2 NC (2 AUD) 2 Public) AUD; 2 SLP 3 AUDs, 3 SLPs 1 NC 1 NC 2 NC (2 SLP) 2 Public; 1 NC; 2 A; 2 S 1 NC, 2 1 NC; 1 SLP (Council or NC) 1 NC 2 AUDs & 2 SLPs 1 AUD; 1 SLP 1 AUD (Council or NC) [4 AUD; 2 SLP 2 AUD, 2 SLP [4 AUD; 1 SLP] [2 AUD, 2 SLP] SLP; 1 AUD]
Bob Kroll -President [C] Donna Mooney Vince Bucci James Maur Melanie M-Elaraby Vince Bucci Donna Mooney James Maur James Maur Vince Bucci
Sandi Singbeil (S) VP Shari Wilson Ruth Ann Penny C Satpaul Singh Johal Shari Wilson Melanie Moussa-Elaraby Melanie Moussa-Elaraby Ruth Ann Penny Donna Mooney Melanie Moussa-Elaraby
Véronique Vaillancourt (A) VP Vicky Papaioannou (A) Satpaul Singh Johal Karen Bright (S) C Karen Bright (S) Jennifer Anderson (A) Satpaul Singh Johal Vicky Papaioannou (A) C Vicky Papaioannou (A) Ruth Ann Penny C Jennifer Anderson (A) Sandi Singbeil (S) Jennifer Anderson (A) Randi Fisher (S) Sandi Singbeil (S) Tina D'Agnillo (S) C Shari Wilson Veronique Vaillancourt (A) Sandi Singbeil (S) C Shari Wilson
Ruth Ann Penny Véronique Vaillancourt (A) VP C Karen Bright (S) +1 NC (AUD) Véronique Vaillancourt (A) Yvonne Wyndham (S) Jennifer Anderson (A) Kim Eskritt (A) Yvonne Wynham (S) Bob Kroll (S) Shanda Hunter-Trottier Shari Wilson Josée Lemaire (S) Tina D'Agnillo (S) Kim Eskritt (A) (S) Tina D'Agnillo (S) Elizabeth Fitzpatrick (A) Randi Fisher (S) Vicky Papaioannou (A)
Deb Zelisko (A) Kim Eskritt (A) Randi Fisher (S) Joan Steinsky (A) Yvonne Wynham (S) C Tara Barber (S) Michele Anderson(S) Elizabeth Fitzpatrick (A) Shanda Hunter-Trottier Josée Lagace (A) Simone Fischbach (S) Stella Ng (A) Randi Fisher (S) Stella Ng (A) Jimena Torres Valencia (S) (S) Jimena Torres Valencia (S) Karen Gordon (A) Elizabeth Fitzpatrick(A) +1 NC
Marilyn Reed (A)
Professional Members Public Members Academic Members Appointed Non-Council Members
Bracketed Numbers in Headings are minimums required in by-Law 2011-1 in force January 1, 2011; amended March 6, 2014 C = Chair NC = Non-Council
2018-01-09 BY-LAW NO. 2011-1
College of Audiologists and Speech-Language Pathologists of Ontario
A By-law relating generally to the Conduct of the Affairs of the College
TABLE OF CONTENTS
Article 1 INTERPRETATION
Article 2 BUSINESS OF THE COLLEGE
Article 3 MEMBERSHIP IN THE COLLEGE
MEMBERSHIPS
Article 4 COMPOSITION AND
FUNCTIONS OF COUNCIL
Article 5 ELECTION OF COUNCIL MEMBERS
Article 6 MEETINGS OF COUNCIL
Article 7 THE REGISTRAR
Article 8 OFFICERS
Article 9 COMMITTEES OF THE COLLEGE
Article 10 COMPOSITION AND DUTIES OF STATUTORY AND NON-STATUTORY COMMITTEES
Article 11 REMUNERATION AND EXPENSES
Article 112 INDEMNIFICATION
Article 12 REMUNERATION AND EXPENSES
Article 13 CONFLICT OF INTEREST
Article 14 DESIGNATION OF LIFE MEMBERSRECOGNITION OF OUTSTANDING CONTRIBUTION
Article 15 DESIGNATION OF HONOURARY MEMBERS
Article 156 MAKING, AMENDING AND REVOKING BY-LAWS
1
Article 167 CODE OF CONDUCT
2
1 INTERPRETATION
1.1 Meaning of Words. The words in this By-law, and in all other By-laws of the College, unless the context otherwise requires, shall bear the same meaning as the words set out in the Regulated Health Professions Act, the Health Professions Procedural Code, and the Audiology and Speech-Language Pathology Act, unless the context otherwise requires.
1.2 Number and Gender. In this By-law, unless the context otherwise requires, the singular number or the masculine gender shall include the plural, the plural shall include the singular; words expressed in number one gender shall include all genders or the feminine gender, as the case may be.
1.3 Consistency with Legislation. Each provision of thisis or any other By-law and any part thereof of the College shall be interpreted in a manner consistent with the Regulated Health Professions Act, 1991, S.O. 1991, c.18, (“RHPA”), the Health Professions Procedural Code (“Code”) which is Schedule 2 to the RHPA, and the Audiology and Speech-Language Pathology Act, 1991, S.O. 1991, c.19 (“ASLPA”), and Regulations, and where an inconsistency is found to exist, and where practical, the inconsistent provision shall be severed from such By-law or any part thereof.
1.4 Legislative References
Any reference in these By-Laws to a statute, a regulation or a section of a statute or regulation shall be deemed to apply to any re-enactment or amendment of that statute, regulation or section, as the case may be.
1.5 Calculating Time
A reference in these and all By-Laws of the College to the number of days between two events means calendar days and excludes the day on which the first event happens and includes the day on which the second event happens.
1.6 Holidays
A time limit in these and all By-Laws of the College that would otherwise expire on a holiday or a weekend is extended to include the next day that is not a holiday or a weekend.
1.74 Definitions:
“ASLPA” means the Audiology and Speech-Language Pathology Act, 1991, S.O. 1991 c. 19 and any Act that may be substituted therefore, as from time to time amended;.
“Audiology Practice Advisory Committee” means the Audiology Practice Advisory Committee of the College. “Auditor” means the accountant or firm of accountants duly licensed under the Public Accounting Act who have been appointed by Council;
“By-Law or “By-Laws” means the By-Laws of the College; 3
”Code” means the Health Professions Procedural Code, being Schedule 2 to the Regulated Health Professions Act, 1991, S.O. 1991, c. 18;.
“College” means the College of Audiologists and Speech-Language Pathologists of Ontario of Ontario;.
“Committee” means the committees established under s. 10 of the Code, called statutory committees, and the committees established under these By-Laws, called Non-Statutory committees;
“Council” means the Council of the College established under section 6 of the Act;.
“Council Member” (sometimes referred to as a “member of Council”) means a Member elected to Council or a Public Member appointed to Council;
“Discipline Committee” means the Discipline Committee of the College.
“Executive Committee” means the Executive Committee of the College.
“Fitness to Practise Committee” means the Fitness to Practise Committee of the College.
“Inquires, Complaints and Reports Committee” or “ICRC” means the Inquiries, Complaints and Reports Committee of the College.
“Life Member” has the meaning ascribed thereto in Article 14.
4
“Member” means a member of the College, of any class of registration, of the College. Where the situation requires, Member also includes a person whose certificate of registration with the College is under suspension.
“Non-council Member” means a member of a Committee who is not a member of Council.
“Patient Relations Committee” means the Patient Relations Committee of the College.
“President” means the President of the College.
“Professional Association” means an organized group of individuals who promote and advocate for the interests of the profession related to audiology or speech language pathology, but does not include a school whose sole purpose is to educate. “Public Member” means a member of Council who is appointed to the Council by the Lieutenant Governor in Council.
“Quality Assurance Committee” means the Quality Assurance Committee of the College.
“Registrar” means the Registrar of the College.
“RHPA” means the Regulated Health Professions Act, 1991, S.O. 1991, c. 18, and any Act that may be substituted therefore, as from time to time amended.
“Registration Committee” means the Registration Committee of the College.
“Regulations” means the Regulations under ASLPA.
“Vice-President” means the Vice-President of Audiology or Vice-President of Speech- Language Pathology of the College.
2 BUSINESS OF THE COLLEGE
2.1 Seal. The Seal, an impression of which appears in this By-law, shall be the Seal of the College.
2.2 Execution of Documents or Instruments
2.2.1 Unless otherwise provided in the RHPA, the Code, ASLPA, or the Regulations or By-laws of the College, documents or instruments requiring the signature of the College shall be signed by the President or the Vice-President(s) together with the Registrar. All documents or instruments so signed shall be binding upon the College without further authorization or formality.
2.2.2 Notwithstanding the above paragraph, Council is authorized, at any time and from time to time by resolution, to direct the manner in which, and to appoint any officer, person or persons by whom, any 5
particular signed documents or instruments on behalf of the College may or shall be signed. Council members shall not sign or seal a document affecting the College unless authorized by the Council.
6
2.2.3 The Seal of the College shall, when required, be affixed to documents, signed on behalf of the College.
2.2.4 Certificates of Registration shall be signed by the President and the Registrar.
2.2.5 The term "contracts”, “documents” or “instruments in writing" as used in these By-Laws is intended to include deeds, mortgages, hypothecs, charges, conveyances, transfers and assignments of property, real or personal, movable or immovable, powers of attorney, agreements, releases, receipts and discharges for the payment of money or other obligations, conveyances, transfers and assignments of shares, bonds, debentures or other securities and all paper writings.
2.2.6 Except where otherwise provided by law, the Registrar may sign summonses and notices on behalf of the College or any Committee.
2.2.7 All cheques or payments issued on behalf of the College in excess of $50,000.00, excluding salaries, or such other amount as may be determined by the Executive Committee on the recommendation of the Finance Committee from time to time, must be approved by the Executive Committee and signed by both the President and Registrar.
2.2.8 All cheques or payments issued on behalf of the College not in excess of $50,000.00 or such other amount as may be determined by the Executive Committee on the recommendation of the Finance Committee from time to time shall be signed by any two of the Registrar, Deputy Registrar, Director of Finance and Operations or the Executive Assistant to the Registrar, with the exception of the person to whom the cheque is made payable.
2.2.9 The Registrar may not make any payment where amounts or orders have been split to avoid the limit on purchases, where due diligence has not been exercised with respect to potential or actual conflicts of interests, where the amount exceeds $25,000.00 or such other amount as may be determined by the Executive Committee on recommendation of the Finance Committee from time to time without having obtained comparative prices or bids, or where the amount exceeds 10% of the operating budget of the College in a given year.
2.3 Banking Formatted: Font: Bold
The Executive Committee shall appoint a Canadian chartered bank (which shall be a Schedule 1 or Schedule 2 bank under the Bank Act (Canada) (the “bank”)) for the use of the College which shall be operated, managed and administered by the Registrar in such manner as Council may from time to time direct and by such other persons who may be authorized by Council. All money received shall be deposited in the account or accounts maintained by the College at such bank, without deduction for any purpose whatsoever.
2.4 Investments
All monies belonging to the College may only be deposited or invested according to 7
a College policy in place from time to time, and in one or more of the following: (i) A major chartered bank or trust company or brokerage house; (ii) Securities of the Government of Canada, the Government of any Province of Canada, or any municipal corporation in any Province of Canada. (iii) Securities, the payment of principal and interest of which is guaranteed by the Government of Canada, or the Government of a Province of Canada.
2.5 Securities
The Registrar as may, from time to time be authorized by resolution of the Council, is authorized to sell, assign, transfer, charge, convert, or convey any and all shares, bonds, debentures, rights, warrants, or other securities owned by or registered in the name of the College and to sign and execute all assignments, transfers, conveyances, powers of attorney and other instruments that may be necessary for the foregoing purposes in compliance with policies approved by Council from time to time.
2.6 Ownership of Securities
All share certificates, bonds, debentures, notes or obligations belonging to the College shall be issued in the name of the College.
2.7 Borrowing
2.7.1 The Registrar may, in accordance with any finance policies approved by Council from time to time: (i) borrow money on the credit of the College; (ii) limit or increase the amount or amounts that may be borrowed; and
(iii) charge, mortgage, hypothecate or pledge all or any of the real or personal property of the College, including book debts, rights, powers, franchises and undertakings, to secure any such securities or any money borrowed, or other debt, or any other obligation or liability of the College. 2.7.2 From time to time, Council may authorize any member of Council or officer or employee of the College or any other person, to make arrangements with reference to the monies borrowed or to be borrowed and as to the terms and conditions of the loans and the securities to be given, with power to vary or modify such arrangements, terms and conditions and to give additional securities for monies borrowed or remaining due by the College as the Council may authorize and generally to manage, transact and settle the borrowing of money by the College.
2.8 Budget. Council shall approve annually, a capital budget for the College for each fiscal year.
2.93 Notice. Any notice or other document to be given by the College to any member of the College or of the Council or any Committee, or the Auditor of the College, shall be delivered, mailed or sent by electronic transmission addressed to such member of the College or of the Council or any Committee or Auditor at the address which appears in the register or other books of the College, or if no 8
address is given therein, then to the last address of such member of the College or of the Council or any Committee or Auditor known to the Registrar.
2.104 Financial Year. The financial year of the College shall end on September 30th in each year.
2.115 Auditor. The Council shall appoint annually a chartered accountant or a firm of chartered accountants to audit the books and prepare a financial statement for each financial year.
2.126 Grants. The Council may set aside in the budget each year such funds as are deemed appropriate for the advancement of scientific knowledge or the education of persons wishing to practise the professions, to maintain or improve the standards of practice of the professions or to provide public information about, and encourage interest in, the past and present role of the professions in society.
2.7 College Memberships. The College may be a member of a provincial, national or international organization of regulatory bodies or other organizations with similar legislated mandates, functions or interests.
3 COLLEGE MEMBERSHIPSMEMBERSHIP IN THE COLLEGE
Revoked March 6, 2014.
3.12.7 College Memberships. The College may be a member of a provincial, national or international organization of regulatory bodies or other organizations with similar legislated mandates, functions or interests.
4 COMPOSITION AND FUNCTIONS OF COUNCIL
4.1 Composition of Council. The Council of the College shall be composed in accordance with subsection 6(1) of ASLPA.
4.2 Restriction on Council Members. No member of Council shall be an employee of the College. Authority of Council. Council shall perform the functions assigned to it under ASLPA and the Code.
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5 ELECTION OF COUNCIL MEMBERS
5.1 Electoral Districts. The following electoral districts are established for the purpose of the election of members to the Council:
5.1.1 Electoral district 1, the Eastern District, including the counties of Frontenac, Hastings, Lanark, Leeds and Grenville, Lennox and Addington, Northumberland, Peterborough, Prescott and Russell, City of Kingston, City of Prince Edward County, Renfrew, Stormont- Dundas and Glengarry and the City of Ottawa.
5.1.2 Electoral district 2, the Central Region, including the regional municipalities of Durham, Peel and York, and the City of Toronto.
5.1.3 Electoral district 3, the Southwestern Region, including the regional municipalities of Halton, Niagara and Waterloo; the counties of Huron, Perth, Wellington, Elgin, Essex, Lambton, Middlesex, Oxford and Dufferin; along with the cities of Hamilton, Brant, Chatham-Kent, Haldimand, Norfolk and Brantford.
5.1.4 Electoral district 4, the Northwestern Region, including the counties of Bruce and Grey together with the territorial districts of Algoma, Kenora, Manitoulin, Rainy River, and Thunder Bay and the City of Greater Sudbury.
5.1.5 Electoral district 5, the Northeastern Region, including the counties of Haliburton and Simcoe and the City of Kawartha Lakes together with the territorial districts of Cochrane, Muskoka, Nipissing, Parry Sound and Timiskaming.
5.1.6 Electoral district 6, the Province of Ontario at large.
5.2 Eligibility to Vote.
5.2.1 All members are eligible to vote for the electoral district 6 member of Council. Other than electoral district 6, the electoral district in which a member is eligible to vote is the district in which, on the close of the business day preceding the day on which the election will take place, the member principally practises or, if the member is not currently engaged in the practice of audiology or speech-language pathology, the electoral district in which, on that day, the member principally resides.
5.2.2 Any disputes regarding a Member’s eligibility to vote in an election shall be decided by the Registrar.
5.3 The Number of Members to be Elected is as follows:
5.3.1 One member shall be an audiologist and one member shall be a speech-language pathologist, in each of electoral districts 1, 2, and 3, for a total of six;
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5.3.2 Either an audiologist or a speech-language pathologist, in each of electoral districts 4 and 5, for a total of two;
5.3.3 One member may be eEither an audiologist or a speech- language pathologist, in electoral district 6, for a total of one.
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5.3.4 In total, nine members shall be elected, of whom at least three shall be audiologists and at least three shall be speech-language pathologists.
5.4 Terms of OfficeElection. The term of office of a member elected to the Council is three years commencing immediately upon election. No person who is elected may be a member of Council for more than nine consecutive years or an aggregate of nine years.
5.5 Election Dates
5.5.1 An election of members to the Council was held in June 1994 for all electoral districts.
5.5.12 In every third year after June 2008, an election of members to the Council shall be held for electoral districts 1 and 3.
5.5.23 In every third year after June 2009, an election of members to the Council shall be held for electoral districts 2, 4 and 5.
5.5.34 In every third year after June 2010, an election of members to the Council shall be held for electoral district 6.
5.5.45 The Council shall set the date within the calendar year for each election of members to the Council.
5.6 Eligibility for Election
A Mmember is eligible for election to the Council in an electoral district if, at the close of nominations and continuously until the day of the election:
5.6.1 tThe Mmember holds a General, Non-Practising or Academic certificate of registration and is engaged in the practice of audiology or speech- language pathology in the electoral district for which the member is nominated, or, if the Mmember is not currently engaged in the practice of audiology or speech-language pathology, is resident in the electoral district for which the mMember is nominated;
5.6.2 tThe mMember is not in default of payment of any prescribed fees or providing any required information to the College;
5.6.3 the Member is not currently and has not been for the previous year an employee of the College;
5.6.43 tThe Mmember is not the subject of any disciplinary, incompetency or incapacity proceeding in any jurisdictionproceedings for incompetence, incapacity or professional misconduct; 12
5.6.54 tThe Mmember has not been the subject of any professional misconduct, incompetence or incapacity finding in the preceding found to have committed an act of professional misconduct or to be incompetent in any disciplinary proceeding in the six years preceding the date of the election;
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5.6.65 tThe Mmember’s certificate of registration has not been revoked or suspended in the preceding six years preceding the date of the election for any reason other than the non-payment of fees;
5.6.76 tThe Mmember’s certificate of registration is not subject to a term, condition or limitation other than one prescribed by regulation;
5.6.8 the Member has not been required to appear before a panel of the Inquiries, Complaints and Reports Committee to be cautioned in the preceding three years;
5.6.9 the Member has not been required by a panel of the Inquiries, Complaints and Reports Committee to complete a specified continuing education or remediation program in the preceding three years;
5.6.10 a period of six years has elapsed since the Member complied with all aspects of an order imposed by the Discipline or Fitness to Practice Committee;
5.6.11 the Member has not been disqualified from Council or a Committee within the preceding three years;
5.6.12 the Member has agreed to resign and does, before taking office, any position such as director, owner, board member, officer or employee that the Member holds with a Professional Association;
5.6.137 tThe member is not a Mmember of the council of any other RHPA college;
5.6.14 the Member does not have a conflict of interest to serve as a member of Council or has agreed to remove any such conflict of interest before taking office; and
5.6.158 The member is not a candidate in, or already a member of the Council for, another electoral district.
5.7 Notification of Election. No later than 75 days before the date of an election, the Registrar shall notify every Mmember who is eligible to vote of the date, time and place of the election and of the nominations procedure.
5.8 Nomination Procedure
5.8.1 The nomination of a candidate for election as a member of the Council shall be in writing and shall be given to the Registrar at least 45 days before the date of the election.
5.8.2 The nomination shall be signed by the candidate and by at least three 14
other mMembers who support the nomination and who are eligible to vote in the electoral district in which the election is to be held.
5.9 Withdrawal of Nomination. A candidate may withdraw from an election by giving notice, in writing, to the Registrar. Upon receiving written notice of a candidate’s withdrawal from the election, the Registrar shall make reasonable efforts to remove the name of the candidate from the ballot and, if the Registrar is unable to remove the name of the candidate from the ballot in a sufficiently timely manner, the Registrar shall make reasonable efforts to notify the Members eligible to vote that the candidate has withdrawn from the election.
5.109 Acclamation. If the number of candidates nominated for an electoral district is equal to the number of members to be elected in the electoral district, the Registrar shall declare the candidates to be elected by acclamation. If the number of candidates nominated for an electoral district is less than the number of members to be elected in the electoral district, the Registrar shall, for any remaining vacancies, declare the existing eligible candidates, if any, to be elected by acclamation and shall establish a new election schedule including, where necessary, a new date for the Formatted: Indent: Hanging: 1.25 cm, Right: 0.4 cm, election. Space Before: 0 pt, Line spacing: single, Tab stops: 1.62 cm, Left 5.110 Election Materials. No later than 30 days before the date of an election, the Registrar shall send, by regular, electronic mail or other electronic process, to every member eligible to vote in an electoral district in which an election is to take place, a list of the candidates in the electoral district, a brief biographical statement of no more than 1500 words, a means to cast a ballot and an explanation of the voting procedure as set Formatted: Indent: Hanging: 1.27 cm, Right: 0.35 cm, out in the Space Before: 0 pt, Line spacing: Multiple 1 li, Tab By-laws or electronic links to these materials. stops: 1.45 cm, Left
5.121 AdministrationRegistrar’s Electoral Duties.
5.12.1 In addition to those duties listed above, the Registrar shall supervise and administer the election of candidates and, for the purpose of carrying out that duty, the Registrar may, subject to the By-laws:
5.121.1.1 Appoint returning officers and scrutineers;
5.121.12.2 Establish procedures and any necessary deadlines including procedures and deadlines relating to the receipt of nominations, biographies and for the receiving of votes;Establish a deadline for the receiving of ballots;
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5.121.1.3 Establish procedures for the tabulating of votes opening and counting of ballots;
5.121.1.4 Provide for the notification of all candidates and members of the results of the election; and
5.121.1.5 Provide for the destruction of voting information ballots not less than 30 days following an election; and.
5.12.1.6 Do anything else that the Registrar deems necessary and appropriate to ensure that the election is fair and effective.
5.12.2 If a returning officer refuses to act or to continue to act or is impaired in the opinion of the Registrar, the Registrar shall appoint another person as a returning officer or scrutineer. 5.12.3 The returning officers shall honestly and accurately report the vote counts in each election, record the results of each count and thereby determine the result of each election. 5.12.4 Subject to these By-laws, all questions arising in the tabulation of votes, the recording of results or the determination of the result shall be decided by the Registrar.
5.132 Number of Votes to be Cast
5.132.1 A Mmember may cast as many votes on a ballot in an election of members to the Council as there are members to be elected to the Council from the electoral district in which the Mmember is eligible to vote.
5.132.2 A Mmember shall not cast more than one vote for any candidate.
5.143 Tie Votes. If there is a tie in an election of members to the Council, the Registrar shall break the tie by random selection, such as a coin toss.
5.15 Results. As soon as practicable after the votes have been tabulated the Registrar shall: (i) advise each eligible candidate of the results of the election, the number of votes he or she received and the candidate’s right to request a recount; and (ii) advise the Members and Council of the results of the election.
5.164 Recounts
5.164.1 A candidate may require a recount by giving a written request to the Registrar no more than 14 days after the date of an election and by paying the recount fee as specified in By-Law 2011-3. The fee shall be refunded if the recount confirms an error in the counting of ballots that results in a change in the results of the election in favour of the candidate who requested the recount.
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5.164.2 The Registrar shall hold the recount no more than seven days after receiving the request and the recount shall be conducted in as transparent a manner as the voting system reasonably permits.If a recount is requested, the Registrar shall appoint a time and place for the recount no more than 7 days after receiving the request.
5.163.3 If a candidate requests a recount, the Registrar shall preside over the recount, and shall: (i) appoint scrutineers; (ii) notify all candidates in the election of the fact and date of the recount; (iii) if two candidates receive an equal number of votes, the Registrar shall break the tie by random selection such as a coin toss; and (iv) declare the candidate who received the most votes to be elected to the Council for the pertinent electoral district. 5.16.4 A candidate may only request one recount.The recount shall be conducted in the same manner as the original counting of votes except the votes will be counted and verified by two persons appointed by the President who were not scrutineers in the election.
5.175 Interruption of Mail Service. Where there is an interruption of mail service during a nomination or election, the Registrar shall extend the holding of the nomination or election for such period of time as the Registrar considers necessary to compensate for the interruption. Referral of Disputes to the Council, If the Council is of the opinion that there are reasonable grounds to doubt or dispute the validity of the election of any member of Council it shall initiate an inquiry on the advice of the Registrar.
5.18 Options Available to Council. Council may, after inquiring into the validity of an election, do one of the following:
i. declare the election result in question to be valid; or ii. declare the election result in question to be invalid; and either a. declare another candidate to have been elected; or Formatted: Indent: Left: 3.19 cm b. direct that another election be held.
5.196 Electronic Elections. To the extent that an election proceeds in whole or in part using an electronic process, this action shall be interpreted to be consistent with and to accommodate such a process. Minor Irregularities Not Fatal. Council shall not declare an election result to be invalid solely on the basis of a minor irregularity regarding the requirements of these By-Laws or a procedure established by the Registrar.
5.2017 Disqualification of Elected and Academic Members. The Council shall disqualify an elected or academic member from sitting on the Council if the elected or academic member,
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5.2017.1 Is found by a panel of the Discipline Committee to have committed an act of professional misconduct, or to be incompetent;
5.2017.2 Is found by a panel of the Fitness to Practise Committee to be incapacitated;
5.2017.3 Fails, without reasonable cause in the opinion of two-thirds of the members of Council, to attend two consecutive meetings of the Council;
5.2017.4 Fails, without reasonable cause in the opinion of two-thirds of the members of Council, to attend two consecutive meetings of a Committee or two hearings of panels to which the member has been selected;
5.2017.5 Holds a certificate of registration that becomes subject to a term, condition or limitation, other than a term, condition or limitation that is prescribed by regulation;
5.2017.6 In the case of an elected member, cCeases to hold a certificate of registration as a General, Non- Practising or Academic member or in the case of an academic member ceases to hold a certificate of registration as a General or Academic member;;
5.2017.7 Is in default of any prescribed fee or of providing any required information to the College for a period of more than 30 days;
5.2017.8 Becomes a member of a council of any other college regulated under the RHPA;
5.2017.9 Is found guilty of a criminal offence which, in the opinion of Council, is of such a nature that warrants disqualification;
5.2017.10 Fails, in the opinion of two-thirds of the members of Council, to discharge properly or honestly any office, including one to which he or she has been elected or appointed by Council, including for a material breach of the Code of Conduct;
5.2017.11 In the case of an elected member, cCeases to either practise or reside in the electoral district for which the member was elected;
5.20.12 In the case of an academic member, the member’s primary employment ceases to be with an institution accredited by the Council for Accreditation of Canadian University Programs in Audiology and Speech- Language Pathology; or
5.2017.132 Holds any position such as director, owner, board member, officer or employee with a Professional AssociationDies;
5.20.14 Resigns from Council.. 18
5.2118 An elected member or academic member who is disqualified from sitting on the Council ceases to be a member of the Council.
5.2219 Filling of Vacancies
5.2219.1 If the seat of an elected Council member becomes vacant in an electoral district not more than 12 months before the expiry of the member’s term of office, the Council may:
5.2219.1.1 Leave the seat vacant;
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5.2219.1.2 Appoint as an elected Council member, the candidate, if any, who received the most votes of all the unsuccessful candidates in the last election of Council members for that electoral district; or
5.2219.1.3 Direct the Registrar to hold an by-election in accordance with this by-lawRegulation for that electoral district.
5.2219.2 If the seat of an elected Council member becomes vacant in an electoral district more than 12 months before the expiry of the member’s term of office, the Council shall direct the Registrar to hold an election in accordance with this By-law for that electoral district.
5.2219.3 The term of a member appointed under Article 5.2216.1.2 or elected Formatted: Not Highlight in an election under Article 5.2216.1.3 or Article 5.2216.2 shall continue until the time the former Council member’s term would have Formatted: Not Highlight expired. Formatted: Not Highlight Formatted: Not Highlight 5.23 Manner of Holding By-Election Formatted: Not Highlight A by-election shall be held in the same manner and shall be subject to the same Formatted: Font: Not Bold criteria and processes as a regular election, subject to any necessary modifications.
5.240 Request for Removal of Public Member
5.240.1 In the event that a Public Member,
5.240.1.1 Fails, without reasonable cause in the opinion of two- thirds of the members of Council, to attend two consecutive meetings of the Council;
5.240.1.2 Fails, without reasonable cause in the opinion of two- thirds of the members of Council, to attend two consecutive meetings of a Committee or two hearings of panels to which the member has been selected;
5.240.1.3 Is found guilty of a criminal offence which, in the opinion of Council, is of such a nature that warrants disqualification; or
5.240.1.4 Fails, in the opinion of two-thirds of the members of Council, to discharge properly or honestly any office, including one to which he or she has been elected or appointed by Council including for a material breach of the Code of Conduct;
then a report requesting the removal of the Public Member from Council shall be prepared and submitted to the Public Appointments Secretariat.
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5.251 Appointment of Academic Members
5.251.1 Two academic members, one representing speech-language pathology and one representing audiology, shall be appointed by Council in every third year after 2009.
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5.251.2 Council shall consult with and obtain recommendations from the Directors or Chairs of the applicable universities that offer audiology or speech-language pathology programs, as the case may be, for academic candidates to be appointed to the Council.
5.251.32 A Mmember is eligible for appointment to the Council as an academic member if,
5.251.32.1 tThe mMember is the holder of a General or Academic certificate of registration;
5.251.32.2 the Member is not in default of payment of any prescribed fees or providing any required information to the College;
5.25.3.3 the Member is not currently and has not been for the previous year an employee of the College;
5.25.3.4 tThe mMember’s certificate of registration has not been revoked or suspended at any time in the six years immediately preceding the appointment for any reason other than non-payment of fees; Formatted: Expanded by 0.55 pt
5.251.32.3 tThe mMember is not in default of any obligation to the College under a regulation or the by-laws;
5.251.32.4 tThe Mmember is not the subject of disciplinary, incompetency or incapacity proceeding in any jurisdictionproceedings for incompetence, incapacity or professional misconduct;
5.25.3.5 the Member has not been the subject of any professional misconduct, incompetence or incapacity finding in the preceding six years;
5.251.32.65 the Member’s certificate of registration has not been revoked or suspended in the preceding six years for any reason other than the non-payment of fees;
5.25.3.7 tThe Mmember’s certificate of registration is not subject to a term, condition or limitation other than one prescribed by regulation;
5.25.3.8 the Member has not been required to appear before a panel of the Inquiries, Complaints and Reports Committee to be cautioned in the preceding three years;
5.25.3.9 the Member has not been required by a panel of the Inquiries, Complaints and Reports Committee to complete a specified continuing education or remediation program 22
in the preceding three years;
5.25.3.10 a period of six years has elapsed since the Member complied with all aspects of an order imposed by the Discipline or Fitness to Practice Committee;
5.25.3.11 the Member has not been disqualified from Council or a Committee within the preceding three years;
5.25.3.12 the Member has agreed to resign and does, before taking office, any position such as director, owner, board member, officer or employee that the Member holds with a Professional Association;
5.251.32.136 tThe Mmember is not a member of the council of any other RHPA college; or
Formatted: Indent: Left: 0 cm, First line: 0 cm 5.25.3.14 the Member does not have a conflict of interest to serve as a member of Council or has agreed to remove any such conflict of interest before taking office;
5.2521.32.157 tThe Mmember’s primary employment is with an institution accredited by the Council for Accreditation of Canadian University Programs in Audiology and Speech- Language Pathology; and.
5.25.3.16 the member is not a candidate in, or already a member of the Council for, another electoral district.
5.251.43 No person may be an academic member for more than sixnine consecutive years or the aggregate of six years.
5.22 Disqualification of Academic Members
5.22.1 The Council shall disqualify an academic member from sitting on the Council if the member:
5.22.1.1 Is found by a panel of the Fitness to Practise Committee to be incapacitated;
5.22.1.2 Fails, without reasonable cause in the opinion of two-thirds of the members of Council, to attend two consecutive meetings of the Council;
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5.22.1.3 Fails, without reasonable cause in the opinion of two-thirds of the members of Council, to attend two consecutive meetings of a Committee or two hearings of panels to which the member has been selected;
5.22.1.4 Holds a certificate of registration that becomes subject to a term, condition or limitation, other than a term, condition or limitation that is prescribed by regulation;
5.22.1.5 Ceases to hold a certificate of registration as a General or Academic member;
5.22.1.6 The member’s primary employment ceases to be with an institution accredited by the Council for Accreditation of Canadian University Progams in Audiology and Speech- Language Pathology;
5.22.1.7 Is in default of any prescribed fee or of providing any required information to the College for a period of more than 30 days;
5.22.1.8 Becomes a member of a council of any other college regulated under the RHPA;
5.22.1.9 Is found guilty of a criminal offence which, in the opinion of Council, is of such a nature that warrants disqualification;
5.22.1.10 Fails, in the opinion of two-thirds of the members of Council, to discharge properly or honestly any office, including one to which he or she has been elected or appointed by Council including for a material breach of the Code of Conduct; or
5.22.1.11 Dies.
5.23 An academic member who is disqualified from sitting on the Council ceases to be a member of the Council.
5.264 The following procedure shall be followed in the event that a Council or Committee member is alleged to have contravened the duties of a Council or Committee member or meets the criteria for disqualification set out in the By‐
laws.
(i) A written complaint shall be filed with the Registrar. A complaint can be made by a member of the public, a Council or Committee member or the Registrar. If a member of Council or a Committee receives such a complaint, he or she shall immediately file it with the Registrar. If the concern is by the Registrar, it can be reported directly to the President and / or a Vice‐President or, if both of them are also involved in the concern, another member of the Council.
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(ii) The Registrar shall report the complaint to the President and / or a Vice‐ President or, if both of them are involved in the concern, another member of the Council, who shall bring the complaint to the Executive Committee if he or she believes that the complaint may warrant formal action. This provision does not prevent the President, Vice President or other Council ‐ member from pursuing informal action under the College’s Respect in the Workplace and Respect in the College policies. (iii) If the Executive Committee is unable to act on the complaint it shall appoint another Committee or person to act on its behalf under this Article. After any investigation it deems appropriate, where the Executive Committee believes that the complaint warrants formal action, it shall arrange for it to be addressed at a meeting of the Council. (iv) The Executive Committee may give an interim direction at any time to protect the integrity and reputation of the College including directing that the Council or Committee member be suspended from his or her duties until the matter is finally resolved. (v) The Executive Committee shall keep Council informed of any formal action it initiates or any interim direction issued or any other information Council should know to the extent that is feasible without tainting the process and to the extent that is consistent with the College’s confidentiality obligations. (vi) Council, after receiving a full report from the Executive Committee, shall determine whether there has been a breach of duties or whether the criteria for disqualification under the By laws have been met and, if so, ‐ impose the appropriate sanction. The appropriate sanction can include one or more of the following: (a) censure of the member verbally or in writing, (b) removal of the member from any Committee and / or working group on which he or she serves, (c) removing a person as a Chair of the Committee and / or working group on which he or she serves, (d) exclusion of the member from all or part of meetings of the Council or any Committees, (e) restricting access to confidential information by the member, (f) disqualification of an elected or academic member of Council from the Council, (g) delivery of a report to the Public Appointments Secretariat under Article 5.240, or Formatted: Not Highlight (h) any other sanction appropriate to the circumstances.
(vii) The Council or Committee member whose conduct is the subject of concern shall not take part in the deliberation or vote of the Council and shall not be present in the room for them. However, he or she will be given reasonable notice of the concerns and opportunity to respond to the allegation. (viii) The procedure set out in this Article is intended to be followed in a timely manner recognizing the risk of possible continuing conduct and that the reputation of individuals and the College is at stake while also recognizing the need to provide a fair process for all concerned.
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6 MEETINGS OF COUNCIL
6.1 Meetings of Council
6.1.1 To the extent practical, the Council shall hold at least two meetings in a calendar year.
6.1.2 Meetings of Council shall be held in the offices of the College, or in such other location as determined by Council.
6.1.3 When a member of Council is not able to be present in person at a meeting, the member may participate by means of such telephone, electronic or other communication facilities as permit all participating persons to communicate simultaneously and instantaneously with the others, and a member participating in such meeting by such means is deemed for the purposes of this By-law to be present at that meeting.
6.1.4 Meetings of the Council shall be called by the President.
6.1.5 The President, or in the absence or failure to act of the President, the Vice-President(s), shall, on the direction in writing of two-thirds of the members of the Council delivered to the Registrar, call a special meeting of the Council.
6.1.6 Notice of all Council meetings, including special meetings, shall be delivered or sent by electronic transmission to each Council member not less than five days, or shall be mailed to each member of Council not less than 10 days, before the meeting is to take place. A statutory declaration of the President that notice has been given pursuant to this By-law shall be sufficient and conclusive evidence of the giving of such notice. An inadvertent failure to give proper notice shall not affect the validity of a meeting of the Council.
6.1.7 The President shall act as Chair of the Council meetings. In the absence of the President, one of the Vice-Presidents shall preside by vote of Council. In the absence of both the President and Vice- Presidents, members of the Council present at the meeting of Council shall elect one of their members to act as Chair.
6.1.8 Notwithstanding Article 6.1.7, Council may appoint a person who is not a member of the Council to be the Chair, without deliberative or voting privileges, at any or all meetings of the Council until such time as the Council or the Executive Committee decide otherwise.
6.1.9 Voting at a Council meeting, unless otherwise specified in the RHPA, Code, ASLPA, or the Regulations or By-laws of the College, shall be by a show of hands or by secret ballot as directed by the Chair of the meeting. In the event that a roll call vote of members is requested, the Chair shall require the Registrar to request each member in turn to record the member’s vote and the total number of votes for, against, 26
or otherwise, will be recorded in the minutes. All recorded votes are called as “All in favour”; “Opposed”; “Abstaining”. All matters shall be decided by a majority of votes actually cast.
6.1.10 Except where otherwise specified in the RHPA, Code, ASLPA, or the Regulations or By-laws of the College, every issue to be decided at a Council meeting shall be decided by a simple majority of votes of those voting at the meeting.
6.1.11 The President, when acting as Chair of Council, shall not propose motions.
6.1.12 A motion to reconsider a resolution may be offered by anyone and, like any motion, requires a seconder. Any motion to reconsider a previous resolution requires the support of two-thirds of those members voting at the meeting.
6.1.13 Minutes of all meetings of Council shall be kept at such a place as is designated by the Registrar of the College.
6.1.14 A declaration by the Chair of Council that a resolution has been carried and the recording in the minutes of the meeting shall be admissible in evidence as prima facie proof of the fact without proof of the number or proportion of the vote recorded in the favour, against or otherwise in respect of such resolution.
6.1.15 Meetings shall be held in accordance with the General Rules for Council meetings adopted by the College. The edition of Bourinot’s Rules of Order in use at the time shall constitute the rules of order of the Council. Where the rules of order are inconsistent with the RHPA, Code, ASLPA or the Regulations or By-laws of the College, the RHPA, Code, ASLPA or the Regulations or By-laws of the College will govern.
6.2 Manner of Meetings. by Electronic Means Any meeting of Council, other than a hearing that must be held in person, may be conducted by means of teleconference or any other means that permits all persons participating in the meeting to communicate with each other simultaneously and instantaneously (including audio or video conferencing) and persons participating in the meeting by such means are deemed to be present at the meeting.
6.2.1 If two-thirds of all members of Council of the College, or of a Committee of Council consent thereto generally or in respect of a particular meeting and each has adequate access, the meeting may be held by means of such conference telephone or other communications facilities as permit all persons participating in the meeting to hear each other, and a member of Council or of a Committee participating in such a meeting by such means is deemed to be present at the meeting.
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6.2.2 Provided further that at the outset of each meeting referred to in Article 6.2.1, the Chair of the meeting shall call the roll to establish quorum as set out in Article 6.1.1, and whenever votes are required, and unless a majority of the Council members present at such meeting otherwise require, adjourn the meeting to a predetermined
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date, time and place whenever not satisfied that the proceedings of the meeting may proceed with adequate security and confidentiality.
6.3 Access to the Public
6.3.1 The meetings of the Council shall be open to the public, except that Council may make a motion to exclude the public from any meeting or part of a meeting those portions of meetings held in camerafor the following reasons in accordance with section 7 of the Code: (a) matters involving public security may be disclosed;
(b) financial or personal or other matters may be disclosed of such Formatted: Indent: Left: 3.81 cm a nature that the harm created by the disclosure would outweigh the desirability of adhering to the principle that meetings be open to the public;
(c) a person involved in a criminal proceeding or civil suit or proceeding may be prejudiced;
(d) personnel matters or property acquisitions will be discussed;
(e) instructions will be given to or opinions received from the solicitors for the College; or
(f) the Council will deliberate whether to exclude the public from a meeting or whether to make an order under subsection 7(3) of the Code..
6.3.2 Persons wishing to make submissions on issues to the Council are welcome to apply in advance to the President. The President may effect arrangements to designate and schedule for a deputation by any person and the Council or any committee may effect arrangements with the President to designate and schedule for deputation one or more topics relevant to the affairs of the College for any meeting of the Council. No such deputation shall be permitted unless and until approved by the Executive Committee and, unless the Executive Committee permits a participation or deputation having a shorter advance notice requirement, all requests for permission to participate or present at any Council meeting by any Member or person who is not a member of Council shall be provided not less than 30 days prior to the originally scheduled date for a meeting.
6.3.3 Unless the chair otherwise determines, each deputation shall be permitted a maximum of two speakers who, together shall be allowed a maximum of ten minutes for each permitted matter, provided that the chair may grant additional time if he or she considers such additional time appropriate for the deputation and/or permit additional speakers.
6.3.4 The chair may accept questions from members of Council arising 29
from the matters upon which the presenter has spoken and, with the consent of the Chair, the presenter may respond. Neither the presenter nor members of Council shall engage in debate or in either direct or indirect exchanges with each other or with other persons present except for the purpose of posing or responding to the questions asked as contemplated in the preceding sentence.
6.3.5 Unless determined to be of such a nature as to warrant or require action to be taken on the matter, in respect of which the deputation is made, on an immediate basis, no action shall be taken at the Council meeting at which the deputation is made.
6.3.3 The Chair may apply a time limit to any public submissions or may impose such other terms and conditions on the meeting as may be required for the proper conduct of the business of the meeting.
6.4 Meetings of Members
6.4.1 The Council may, from time to time, at its discretion, convene a meeting of the members of the College, plenary or by profession or by class of registration or by electoral district as the case may be.
6.4.2 Notice of a meeting may be given in writing or electronically at the discretion of the Council at least 10 days before the meeting is to take place. The notice shall set out the date, time, place, purpose and agenda of the meeting.
7 THE REGISTRAR
7.1 Appointment of Registrar. The Council of the College shall appoint a Registrar, following a competitive process, as set out in the recruitment policies of the Council. The Council shall appoint or authorize the Executive Committee to appoint a “Search Committee” composed of members of the Council to oversee the recruitment of the Registrar. The Search Committee, on behalf of the Council, may engage the services of an executive search organization to assist in the recruitment process.
7.2 Registrar’s Duties. The Registrar of the College shall conduct the affairs of the College, oversee its programs and services and promote the goals and objectives of the College in accordance with the RHPA, the Code, ASLPA, and the Regulations, By-laws, and policies of the College and shall perform such other functions as may be assigned to the Registrar from time to time by the Council.
8 OFFICERS
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8.1 Election of Officers. The elections for President and the offices of Vice- President shall be held in accordance with Article 9.5.1. Any member of Council shall be eligible for election as an officer.
8.1.1 The Council shall have one President and two Vice-Presidents. One Vice-President shall be an audiologist and one Vice-President shall be a speech-language pathologist.
8.1.2 The terms of office of the officers of Council, the President and the Vice-Presidents, shall each be for one year and no person shall be elected to the same position for more than three consecutive terms. The President and Vice-Presidents shall assume office immediately upon election. Officers shall hold office until their successors are elected. If an election is delayed for any reason, the officers shall continue in office until their successors are elected.
8.1.3 An officer may be removed from office by a vote of two-thirds of the members present at a Council meeting and such removal shall take effect immediately upon the passing of such resolution or the time specified in such resolution.
8.1.4 If the President is removed or the office becomes vacant, one of the Vice-Presidents shall by vote of Council become President for the unexpired term of office. If one of the Vice-Presidents is removed or the office becomes vacant, the Council shall elect a Vice-President from among Council members to hold office for the unexpired term of office.
8.1.5 Any officer of the Council may resign at any time by submitting written notice of such intent to the Council, which resignation shall be effective on the date specified in the resignation if such date is specified or if no such date is specified, on the date it is received.
8.1.6 Members of Council seeking election as an officer shall be nominated for such positions.
8.1.7 When more than two members of Council are nominated for the same position, the nominee who receives the lowest number of votes on each ballot shall be dropped from the subsequent ballot. This procedure shall be followed until one nominee receives a majority of the votes cast. If there is a tie that cannot reasonably be broken by other means, the position shall be filled by lot, using a procedure deemed fair by the candidates involved.
8.2 Duties of the President. In addition to those duties set out elsewhere in the by- laws, the President shall:
8.2.1 When acting as Chair of the Council meetings, make all necessary rulings as to the order of business, subject to an appeal to the Council members present; 31
8.2.2 Act as Chair of the Executive Committee of the College;
8.2.3 Ensure the integrity of the Council’s processes;
8.2.4 Represent and speak on behalf of Council, to outside parties;
8.2.5 Ensure that the content of meeting discussions will only consist of those issues which, according to Council policy, clearly are within the purview of Council and that deliberations are fair, open, thorough, respectful and democratic;
8.2.6 Delegate aspects of the President’s authority, with the exception of those duties specified in Article 6 of this By-law, but shall remain Formatted: Not Highlight accountable for its use; and
8.2.7 Ensure the orientation of newly appointed Council members and assess the Council’s development and training needs and recommend appropriate actions to the Council.
8.3 Duties of the Vice-Presidents. The Vice-Presidents shall:
8.3.1 In the absence or inability or unwillingness of the President to act, one of the Vice-Presidents as designated by Council, shall act as President with all the duties and powers of the office;
8.3.2 Serve as a primary support to the President, assisting the President as required to fulfill the duties of the President; and
8.3.3 Serve as committee chair of the Audiology Practice Advisory Committee or the Speech-Language Pathology Practice Advisory Committee, as applicable.
8.4 Vacancies. In the event of the death, disqualification or unwillingness to act of a permanent nature of the President or the Vice-Presidents, the Council shall elect Council members to fill these vacancies according to the provisions of these By- laws for calling a meeting and electing the President and the Vice-Presidents.
9 COMMITTEES OF THE COLLEGE
9.1 Statutory Committees under the RHPA. Pursuant to the RHPA, the College shall have the following Committees, the duties of which are set out in the RHPA, the Regulations and these By-laws or as are otherwise assigned by Council from time to time:
9.1.1 Executive Committee;
9.1.2 Registration Committee;
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9.1.3 Inquiries, Complaints and Reports Committee;
9.1.4 Discipline Committee;
9.1.5 Fitness to Practise Committee;
9.1.6 Quality Assurance Committee; and
9.1.7 Patient Relations Committee.
9.2 Non-Statutory Committees
9.2.1 In addition to the Statutory Committees, the College may establish non- statutory Committees, including: the Practice Standards Committee the Audiology Practice Advisory Committee; the Speech-Language Pathology Practice Advisory Committee; and the Finance Committee.
9.2.2 The exercise of any non-statutory power by any Committee, unless specifically provided for in the By-laws of the College, is always subject to the approval of Council.
9.3 Appointment of Special Committees, Task Forces and Working Groups. The Council may, from time to time, appoint such special Committees, task forces and working groups as it deems appropriate or necessary for the attainment of the objects of the College and the efficient conduct of its affairs. Every special Committee, task force or working group shall have specified terms of reference which must be approved by Council on the recommendation of the Executive Committee..
9.4 Reporting of Committees, Task Forces and Working Groups. All Committees, task forces and working groups shall report to Council.
9.5 Appointments to Statutory and Non-Statutory Committees
9.5.1 At its June meeting each year, or as soon afterwards as is reasonably possible, the Council shall elect the members of the Executive Committee, starting with the President. Once the President has been elected, the Council shall elect its two Vice-Presidents, followed by its other Executive Committee members. Council members may nominate themselves or propose candidates for membership. In the event there are more nominees than positions available in accordance with the composition of the Executive Committee, an election shall be held for such positions by secret ballot. Members of the Executive Committee shall hold office until their successors are elected. If an election is delayed for any reason, the members of the Executive Committee shall continue in office until their successors are elected.
9.5.2 The Executive Committee shall recommend to Council, appointments to Committees as soon as possible after the June Council meeting or, in the event of a vacancy, at the time such vacancy occurs,.
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9.5.3 The term of office of a Committee member appointed under Article 9.5.2 is for one year, which may be renewed. No Council member
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may be a member of the same Committee for more than six consecutive terms.
9.5.3.1 Despite Articles 9.5.2 and 9.5.3, if an appointment is delayed for any reason, the members of the Committee shall continue in office until their successors are appointed by either the Executive Committee or the Council.
9.5.3.2 Time spent as a member of a Committee as a result of an appointment to fill a vacancy whether as a result of an appointment by the Executive Committee or Council shall not be included for the purposes of section 9.5.3. Formatted: Not Highlight
9.5.4 The Council shall disqualify a Council member appointed to a Committee from sitting on the Committee if the member:
9.5.4.1 Is found to have committed an act of professional misconduct or is found to be incompetent by a panel of the Discipline Committee;
9.5.4.2 Is found to be incapacitated by a panel of the Fitness to Practise Committee;
9.5.4.3 Fails, without reasonable cause, in the opinion of two- thirds of the members of Council, to attend two consecutive meetings of the Committee;
9.5.4.4 Fails, without reasonable cause, in the opinion of two- thirds of the members of Council, to attend a hearing or review of a panel for which the member has been selected;
9.5.4.5 Is in default of payment of any prescribed fees or of providing any required information to the College for a period of more than 30 days;
9.5.4.6 Is found guilty of a criminal offence which, in the opinion of Council, is of such a nature that warrants disqualification;
9.5.4.7 In the case of a Mmember of the College, neither practises nor resides in Ontario;
9.5.4.8 In the case of a mMember of the College, ceases to hold a certificate of registration;
9.5.4.9 Becomes a member of a council of any other college regulated under the RHPA;
9.5.4.10 Holds any position such as director, owner, board member, officer or employee with a Professional 35
Association;
9.5.4.10 In the case of a mMember of the college, holds a certificate of registration that becomes subject to a term, condition or limitation other than one prescribed by Regulation;
9.5.4.11 Fails, in the opinion of two thirds of the members of Council, to discharge properly and honestly his or her
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duties as a committee member including for a material breach of the Code of Conduct; or
9.5.4.12 Resigns from CouncilDies.
9.5.5 A member who is disqualified under Article 9.5.4 from sitting on a Formatted: Not Highlight Committee ceases to be a member of the Committee.
9.5.6 The term of office of a person who is appointed as a successor under Article 9.5.7 expires when the term of office of the person being Formatted: Not Highlight replaced would have expired.
9.5.7 Any vacancies occurring in the membership of a Committee shall be filled by members appointed by the Council as soon as possible.
9.5.8 Notwithstanding the above provisions that permit the removal from a committee of a Council member in specific circumstances, Council may at any time also remove a Council member of a committee to facilitate the effective and fair operation of the College.
9.6 Appointment of Non-Council Members to Committees of the College
9.6.1 This Article applies with respect to the members appointed to a Committee of the College who are not members of the Council.
9.6.2 The term of office of a Committee member is one year. No non- Council member may be a member of the same Committee for more than six consecutive terms. 9.6.2.1 Time spent as member of a Committee as a result of an appointment to fill a vacancy whether as a result of the appointment by the Executive Committee or Council shall not be included for the purposes of section 9.6.2. Formatted: Not Highlight
9.6.3 A member is eligible for appointment to a Committee if, on the date of appointment:
9.6.3.1 tThe mMember is practicing or resident in Ontario;
9.6.3.2 tThe Mmember is not in default of payment of any prescribed fees or providing any required information to the College;
9.6.3.3 the Member is not currently and has not been for the previous year an employee of the College;
9.6.3.43 tThe mMember is not the subject of disciplinary, incompetency or incapacity proceeding in any jurisdictionany disciplinary or incapacity proceedings;
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9.6.3.54 tThe Mmember has not been the subject of any professional misconduct, incompetence or incapacity finding in the preceding six years found to have committed an act of professional misconduct or to be incompetent in any discipline proceeding in the six years preceding the date of the appointment;
9.6.3.65 Tthe Mmember’s certificate of registration has not been revoked or suspended in the six years preceding the date of the appointment for any reason other than the non-payment of fees;
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9.6.3.76 tThe mMember’s certificate of registration is not subject to a term, condition or limitation other than one prescribed by regulation;
9.6.3.87 the Member has not been required to appear before a Formatted: Indent: Left: 3.32 cm, Hanging: 2.22 cm panel of the Inquiries, Complaints and Reports Committee to be cautioned in the preceding three years;
9.6.3.9 the Member has not been required by a panel of the Inquiries, Complaints and Reports Committee to complete a specified continuing education or remediation program in the preceding three years; The member is not a member of the council of any other RHPA college; and Formatted: Left
9.6.3.10 a period of six years has elapsed since the Member complied with all aspects of an order imposed by the Discipline or Fitness to Practice Committee;
9.6.3.11 the Member has not been disqualified from Council or a Committee within the preceding three years;
9.6.3.12 the Member has agreed to resign and does, before taking office, any position such as director, owner, board member, officer or employee that the Member holds with a Professional Association;
9.6.3.13 the member is not a Member of the council of any other RHPA college;
9.6.3.148 The member does not have a conflict of interest in respect of the Committee to which the member is to be appointed.
9.6.4 The Council may removeshall disqualify a non-Council member appointed to a Committee from sitting on the Committee at any time, at its discretion, to facilitate the effective and fair operation of the College.if the member,
9.6.4.1 Is found to have committed an act of professional misconduct or is found to be incompetent by a panel of the Discipline Committee;
9.6.4.2 Is found to be incapacitated by a panel of the Fitness to Practise Committee;
9.6.4.3 Fails, without reasonable cause in the opinion of two- thirds of the members of Council, to attend two consecutive meetings of the Council;
9.6.4.4 Fails, without reasonable cause in the opinion of two- 39
thirds of the members of Council, to attend two consecutive meetings of the Committee;
9.6.4.5 Fails, without reasonable cause in the opinion of two- thirds of the members of Council, to attend a hearing or review of a panel to which the member has been selected;
9.6.4.6 Holds a certificate of registration that becomes subject to a term, condition or limitation, other than a term, condition or limitation that is prescribed by regulation;
9.6.4.7 Ceases to hold a certificate of registration as a member;
9.6.4.8 Is in default of any prescribed fee for a period of more than 30 days;
9.6.4.9 Becomes a member of a council of any other college regulated under the RHPA;
9.6.4.10 Is found guilty of a criminal offence which, in the opinion of Council, is of such a nature that warrants disqualification;
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9.6.4.11 Fails, in the opinion of two-thirds of the members of Formatted: Indent: Left: 0 cm Council, to discharge properly or honestly any office to which Formatted: Tab stops: 3.28 cm, Left he or she has been appointed including for a material breach of the Formatted: Indent: Left: 3.81 cm, First line: 1.27 cm Code of Conduct;
9.6.4.12 Neither practises nor resides in Ontario; or
9.6.4.13 Dies. Formatted: Indent: Left: 3.35 cm, Right: -0.04 cm, 9.6.5 A member who is disqualified under Article 9.6.4 from sitting on a Space Before: 0 pt, Line spacing: single, Tab stops: Committee ceases to be a member of the Committee. 5.57 cm, Left Formatted: Not Highlight 9.6.6 Notwithstanding the above provisions that permit the removal of a Formatted: Centered, Indent: Left: 1.38 cm, Right: 0.92 Non-council Committee member in specific circumstances, Council may at cm, Line spacing: single, Tab stops: 3.28 cm, Left any time also remove a Non-Council member of a committee to facilitate the effective and fair operation of the College.
9.6.57 The term of office of a person who is appointed as a successor to a Committee member removed under Article 9.6.45 expires when the Formatted: Not Highlight term of office of the person being replaced would have expired.
9.6.68 Any vacancies occurring in the membership of a Committee shall be filled by members appointed by the Council as soon as possible.
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10 COMPOSITION AND DUTIES OF STATUTORY AND NON-STATUTORY COMMITTEES STATUTORY
COMMITTEES
10.1 Executive Committee
10.1.1 The Executive Committee shall be composed of six members of Council as follows: two audiologists, two speech-language pathologists, and two Public Members, which must include the President, the Vice-President of Audiology, and the Vice-President of Speech-Language Pathology.
10.1.2 The President of the Council shall be the Chair of the Executive Committee.
10.2 Duties of the Executive Committee. The Executive Committee shall:
10.2.1 Perform such functions as are assigned to it in the RHPA, the Code and ASLPA and the Regulations under those Acts, and the By-laws and policies of the College and co-ordinate the work of Council and assist in its decision-making by reviewing and providing comments to Council on all recommendations and proposals from Committees;
10.2.2 Recommend the appointment of the Registrar of the College to Council and conduct regular performance and compensation reviews of the Registrar;
10.2.3 Manage and direct the affairs of the Council of the College in accordance with the RHPA, the Code, ASLPA, and the Regulations under those Acts and the By-laws and policies of the College, with respect to any matter that has been delegated to it by the Council or which, in the Committee’s opinion, requires immediate attention other than the power to revoke, amend or pass by-laws and such other powers as are specifically reserved to the Council in the RHPA, this By-law or any other By-law of the College;
10.2.4 Recommend to Council members of statutory and non-statutory Committees in accordance with Article 9.5.2 of this By-law; and
10.2.5 Recommend to Council proposals for changes to relevant legislation, including regulations, and the College’s By-laws.; and
10.2.6 Submit an annual report to the Council in accordance with the Code.
10.3 Registration Committee
10.3.1 The Registration Committee shall be composed of at least six members as follows: at least two members of the Council who are members of the College, one of whom shall be an audiologist, one of 42
whom shall be a speech-language pathologist, at least one member of the Council who is an academic member of the College, at least two Public Members, and at least one non-Council member.
10.3.2 At least two members of the Registration Committee shall be audiologists, and at least two members shall be speech-language pathologists.
10.4 Duties of the Registration Committee. The Registration Committee shall:
10.4.1 Perform such functions as are assigned to it in the RHPA, the Code, ASLPA, and the Regulations under those Acts, and the By-laws and policies of the College. These include advising Council and making recommendations on matters relating to entry to practice standards, registration regulations, and related matters and performing such other tasks and research as directed by Council to aid Council decision-making; and
10.4.2 Recommend to Council proposals for changes to relevant legislation, including regulations, and the College’s By-Laws as well as programs to support the registration process.; and Formatted: Justified, Indent: Left: 1.48 cm, Hanging: 10.4.3 Submit an annual report to the Council in accordance with the Code. 1.9 cm, Right: 0.23 cm, Space Before: 0 pt, Line spacing: The report will include information on adherence to policies and single procedures, numbers of decisions successfully appealed, and timely provision of decisions and documentation.
10.5 Inquiries, Complaints and Reports Committee
10.5.1 The Inquiries, Complaints and Reports Committee shall be composed of at least nine members as follows:
10.5.1.1 at least three audiologists, one of whom is a member of the Council and the College,
10.5.1.2 at least three speech-language pathologists one of whom is a member of the Council and the College,
10.5.1.3 at least two Public Members; and,
10.5.1.4 at least one non-Council member.
10.6 Duties of the Inquiries, Complaints and Reports Committee. The Inquiries, Complaints and Reports Committee shall:
10.6.1 Perform such functions as are assigned to it in the RHPA, the Code, ASLPA, and the Regulations under those Acts, and the By-laws and policies of the College. These include providing a fair review of all complaints and reports received in accordance with the Code; and,
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10.6.2 Recommend to Council proposals for changes to relevant legislation, including regulations, and the By-laws of the College, as well as programs to support the complaints and reports processes.; and
10.6.3 Submit an annual report to the Council in accordance with the Code. The report will include information on numbers of decisions successfully appealed, adherence to policies and procedures, and timely provision of decisions and documentation.
10.7 Discipline Committee
10.7.1 The Discipline Committee shall be composed of at least eight members as follows: at least two members of the Council who are members of the College, at least three Public Members and at least one non-Council member.
10.7.2 At least two members shall be audiologists and at least two members shall be speech-language pathologists.
10.8 Duties of the Discipline Committee. The Discipline Committee shall:
10.8.1 Perform such functions as are assigned to it in the RHPA, the Code, ASLPA, and the Regulations under those Acts, and the By-laws and policies of the College. These include providing a fair process for hearings in cases of alleged professional misconduct or incompetence in accordance with the Code; and
10.8.2 Recommend to Council proposals for changes to the legislation, including regulations to applicable statutes, and by-laws, as well as programs to support the discipline process.; and
10.8.3 Submit an annual report to the Council in accordance with the Code. The report will include information on development of, and adherence to, policies and procedures, numbers of decisions successfully appealed and timely provision of decisions and documentation.
10.9 Fitness to Practise Committee
10.9.1 The Fitness to Practise Committee shall be composed of at least four members as follows: one member of the Council who is a member of the College, two Public Members, and one non-Council member.
10.9.2 At least one member shall be an audiologist and at least one member shall be a speech-language pathologist.
10.10 Duties of the Fitness to Practise Committee. The Fitness to Practise Committee shall:
10.10.1 Perform such functions as are assigned to it in the RHPA, the Code, ASLPA, and the Regulations under those Acts, and the By-laws and policies of the College. These include providing a fair review of all 44
matters regarding the alleged incapacity of members in accordance with the Code, and all;
10.10.2 Recommend to Council proposals for changes to the legislation, including regulations, and the By-laws of the College, as well as programs to support the work of the Committee; and
10.10.3 Submit an annual report to the Council in accordance with the Code. The report will include information on the development of, and adherence to, policies and procedures, numbers of decisions successfully appealed, and timely provision of decisions and documentation.
10.11 Quality Assurance Committee
10.11.1 The Quality Assurance Committee shall be composed of at least six members as follows: at least two members of the Council who are members of the College, one of whom shall be an audiologist and one of whom shall be a speech-language pathologist, at least two Public Members, and at least one non-Council member.
10.11.2 At least two members shall be audiologists and at least two members shall be speech-language pathologists.
10.12 Duties of the Quality Assurance Committee. The Quality Assurance Committee shall:
10.12.1 Perform such functions as are assigned to it in the RHPA, the Code, ASLPA, and the Regulations under those Acts, and the By-laws and policies of the College. These include identifying quality measures which promote continuing competence and continuing quality improvement among members; and
10.12.2 Recommend to Council proposals for changes to relevant legislation, including regulations, and the By-laws of the College, as well as programs to support the quality assurance process.; and
10.12.3 Submit an annual report to the Council in accordance with the Code, including information on the development of standards regarding practice and ethics and related program proposals.
10.13 Patient Relations Committee
10.13.1 The Patient Relations Committee shall be composed of at least six members as follows: at least two members of the Council who are members of the College, one of whom shall be an audiologist and one of whom shall be a speech-language pathologist, at least two Public Members, and at least one non-Council member.
10.13.2 At least two members shall be audiologists and at least two members
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shall be speech-language pathologists.
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10.14 Duties of the Patient Relations Committee. The Patient Relations Committee shall:
10.14.1 Perform such functions as are assigned to it in the RHPA, the Code, ASLPA, and the Regulations under those Acts, and the By-laws and policies of the College, which include developing a patient relations program, including measures for preventing and dealing with sexual abuse of patients/clients and the administration of funds for therapy and counseling of patients/clients who were sexually abused by members;
10.14.2 Establish a Patient Relations Program to include the above statutory elements;
10.14.3 Make recommendations to Council for any budgetary allocations for the above;
10.14.4 Recommend to Council proposals for changes to relevant legislation, including regulations, and the By-laws of the College, as well as programs which may support the work of the committee; and
10.14.5 Submit an annual report to the Council in accordance with the Code. The report will include a description of the program, and any application of funds for abused clients; and
10.14.6 The Committee shall recommend to Council any proposals for Public Awareness/Government Relations initiatives.
NON-STATUTORY COMMITTEES
10.15 Finance Committee
10.15.1 The Finance Committee shall be composed of at least five members as follows: at least two members of the Council who are members of the College, one of whom shall be an audiologist and one of whom shall be a speech-language pathologist, and at least two Public Members, and at least one non-Council member.
10.16 Duties of the Finance Committee. The Finance Committee shall:
10.16.1 Review and evaluate the critical risks and uncertainties as determined by management that may affect the College including but not limited to insurance protection, environmental risk, political factors, treasury/credit and other areas as determined from time-to-time;
10.16.2 Maintain a relationship with the Auditor by: reviewing the engagement letter, the projected audit fee and the scope of the audit; and annually recommending the appointment of the Auditor;
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10.16.3 Review and make recommendations as appropriate on: the annual bBusiness pPlan and bBudget for approval by Council; the financial implications of any significant changes to approved budgets and other major undertakings or projects; and the banking and other financing arrangements of the College;
10.16.4 Review and consider any matters relating to the adequacy of internal controls and any other reports on significant control deviations or indications of fraud and the corrective action undertaken with regard thereto; and
10.16.5 Submit an annual report to the Council; and
10.16.6 Ensure there are adequate systems and practices in place to provide reasonable assurance of compliance with laws, regulations and standards of ethical conduct, with respect to the financial affairs of the College, and review and update such systems and practices as required.
10.17 Audiology Practice StandardsAdvisory Committee. The Audiology Practice Standards Advisory Committee shall be composed of at least 11six members as follows: at least two members of the Council who are audiologists including the Vice-President of Audiology and the Vice-President of Speech-Language Pathologists who shall be the Co-Chairs of the Committee, one academic member who is an audiologist, one academic member who is a speech-language pathologist, at least one elected member who is an audiologist, at least two elected members who are speech-language pathologists, at least two Public Members, at least two non-Council members one of whom isshall be an audiologist and one of whom s and up to one Council or non-Council member who is a speech-language pathologist.
10.18 Duties of the Audiology Practice Standards Advisory Committee. The Audiology Practice StandardsAdvisory Committee shall:
10.18.1 Provide advice to Council on matters affecting audiologists, speech-language pathologists and the practices of audiology speech-language pathology;
10.18.2 At the request of Council and in a format approved by Council, monitor and develop recommendations for College regulations, bylaws, practice standards and guidelines and position statements that relate to audiologists and speech-language pathologists with respect to: clinical matters and; professional practice issues; ethical business practice issues; and interdisciplinary issues; Formatted: Right: 0.12 cm, Space Before: 0.1 pt, Line spacing: Exactly 12.7 pt 10.18.3 Develop policies and positions for consideration of Council on external matters such as provincial legislation that may impact on the practice of audiology;
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10.18.4 As part of the strategic planning process, undertake an annual review of issues and matters affecting audiologists and the practice of audiology and report to Council on these issues and recommend policies and initiatives to address them as appropriate;
10.18.5 Assess the information and support needs of audiologists and make recommendations to Council;
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10.18.36 Recommend communication and education strategies for the members, related to the objects of the College; and
10.18.7 Submit an annual report to the Council; and
10.18.48 Provide advice and input on any other issues referred to the Committee by the Executive Committee or by Council.
10.19 Speech-Language Pathology Practice Advisory Committee. The Speech- Language Pathology Practice Advisory Committee shall be composed of at least six members as follows: at least two members of the Council who are speech- language pathologists including the Vice-President of Speech-Language Pathology who shall be the Chair of the Committee, at least two Public Members, at least two non-Council members who shall be speech-language pathologists and up to one Council or non-Council member who is an audiologist.
10.20 Duties of the Speech-Language Pathology Practice Advisory Committee. The Speech-Language Pathology Practice Advisory Committee shall:
10.20.1 Provide advice to Council on matters affecting speech-language pathologists and the practice of speech-language pathology;
10.20.2 At the request of Council and in a format approved by Council, monitor and develop recommendations for College regulations, bylaws, practice standards and guidelines and position statements that relate to speech-language pathologists with respect to: clinical matters; professional practice issues; ethical business practice issues; and interdisciplinary issues;
10.20.3 Develop policies and positions for consideration of Council on external matters such as provincial legislation that impact on the practice of speech-language pathology;
10.20.4 As part of the strategic planning process, undertake an annual review of issues and matters affecting speech-language pathologists and the practice of speech-language pathology and report to Council on these issues and recommend policies and initiatives to address them as appropriate;
10.20.5 Assess the information and support needs of speech-language pathologists and make recommendations to Council;
10.20.6 Recommend communication and education strategies for the members, related to the objects of the College;
10.20.7 Submit an annual report to the Council; and
10.20.8 Provide advice and input on any other issues referred to the Committee by the Executive Committee or by Council.
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10.1921 Committee Chairs
10.1921.1 The Chairs of each Committee, other than the Executive Committee, and the Standards Practice Committeethe Audiology Practice Advisory Committee, and the Speech- Language Pathology Practice Advisory Committee, shall be elected from among the members of the Committees at the first meeting following the appointment of the members of the Committee in any given year or at such other meeting of the Committee as the Committee may determine. Chairs shall be elected by vote of the majority of members of each Committee. No member can be chair of a Committee for more than three consecutive years.
10.19.1.1 Time spent as chair as a result of an appointment to fill a vacancy shall not be included for the purposes of section 10.19.1. Formatted: Not Highlight
10.1921.2 The Chair of any Committee, other than the Executive Committee, may be removed as Chair by a vote of two-thirds of the members of that Committee or of the Council including for a material breach of the Code of Conduct.
10.1921.3 The Chairs of all Committees shall be members of Council.
10.1921.4 The Chairs of Committees have the same rights as other Committee members to vote.
10.1921.5 Committee meetings shall be called by the Chair of the relevant Committee, or the Chair may be directed by the Executive Committee or Council to call a meeting. The Chair shall designate the time and place of the meeting.
10.1921.6 The Chairs of Committees are responsible for selecting panels from among the members of the Committee.
10.22 Quorum. Except as otherwise specified in the by-laws, the RHPA, the Code or the Regulations, the quorum for any Committee shall be a majority of the members of the Committee, one of whom shall be a Public Member.
10.23 Vacancies. A Committee remains properly constituted despite any vacancy so long as it can still form a quorum.
11 INDEMNIFICATION
Indemnity. Every member of the Council or any Committee and every officer or employee of the College, who in respect of the execution or intended execution of the person’s duties as a member of the Council or any Committee or as an officer or employee of the College, or who has undertaken or is about to undertake any liability on behalf of the College, and the person’s respective heirs, executors and administrators, and estates and effects shall, from time to time, be indemnified and 51
saved harmless out of the funds of the College from and against all costs, charges and expenses whatsoever that such member of the Council or any Committee, officer or employee reasonably incurs in any action or proceeding that is brought, commenced or prosecuted against the person in connection with the execution or
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intended execution of the duties of the person’s office or employment or in respect of any such liabilities, save and except such costs, charges or expenses as are occasioned by the person’s own willful neglect or default or bad faith.
12 REMUNERATION AND EXPENSES
12.1 Remuneration of Council Members. Council members who are members of the College shall be paid in accordance with By-law No. 4, Remuneration of Council Members, for time spent while engaged in the business of the Council.
12.2 Remuneration of Committee Members. Committee members who are members of the College shall be paid in accordance with By-law No. 4 for time spent while engaged in the business of the Committee.
12.3 Remuneration of Public Members. The Ministry of Health and Long-Term Care prescribes policies with respect to the remuneration of Public Members and the College shall cooperate with such policies.
13 CONFLICT OF INTEREST
13.1 Recognition of a Conflict of Interest. Council and Committee members recognize that a conflict of interest or an appearance of a conflict of interest by a member of Council or its Committees: (i) could bring discredit to the College, (ii) could amount to a breach of the fiduciary obligation of the person to the College, and (iii) could create liability for either the College or the person involved or both.
Conflicts. Council and Committee members shall avoid any conflict of interest with respect to their fiduciary responsibilities.:
13.1.1 There shall be no conduct of private business or personal services between any Council or Committee member and the College. However, a public or professional member of Council may undertake a special assignment if such assignment meets one or more of the following criteria as determined by Council:
13.1.1.1 The assignment is in accordance with Ministry of Health Guidelines on Per Diems and Expenses;
13.1.1.2 Where because of the member’s special knowledge or skills it is desirable and necessary for the member to undertake the assignment on behalf of the College;
13.1.1.3 The assignment in other circumstances might be assigned to a staff member or outside consultant;
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13.1.1.4 The assignment arises from and is directly related to the member’s participation in or assignment to Council or a statutory or non-statutory Committee; or, Formatted: Indent: Left: 3.47 cm, Hanging: 2 cm, Right: 13.1.1.5 The assignment requires an additional time commitment 0.38 cm, Space Before: 0 pt, Line spacing: Exactly 12.6 which warrants specific remuneration. pt, Tab stops: 5.43 cm, Left
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13.1.2 When the Council or Committee is to decide upon an issue about which a member has a conflict of interest, that member shall declare a conflict and withdraw from the meeting without comment from not only the vote, but also from the deliberation, and the non-participation of the member should be noted in the minutes.
13.1.3 Council or Committee members shall not use their positions to obtain employment in the College for themselves or their family members. Should a member seek employment, the member shall first resign.
13.1.4 Should a Council or Committee member receive a gift while conducting College business, it may be kept by the member unless the gift is a:
13.1.4.1 Gift of money;
13.1.4.2 Gift valued over $50.00; or
13.1.4.3 Gift which was intended for the College.
In all cases, Council or Committee members shall be cognizant of the perceived or real conflict of interest in acceptance of gifts or honoraria.
13.2 Duties
13.2.1 Every member of the Council has a duty to act in the best interests of the College and the public at all times. To that end, a member shall not make a commitment to any individual, group or organization to adopt a position on any matter coming before the Council. In addition, every member of Council has a duty to fairly consider the views of other Council members expressed during the debate of a matter.
13.2.2 Where the Council has adopted an official position on a matter, a member of the Council shall not engage in oral or written advocacy against the position in any public forum, including legislative committees and news media aimed at the general public, without the prior approval of the Council.
13.3 Where a Conflict May Exist.
Where a Council or Committee member believes that he or she may have a conflict of interest in any matter which is the subject of deliberation or action by Council or its Committees, he or she shall: (i) consult, as needed, with the President, the Registrar and legal counsel and, if there is any doubt about whether he or she may have or be perceived to have a conflict, prior to any consideration of the matter, declare the potential 55
conflict to Council or the Committee and accept Council’s or the Committee’s direction as to whether there is an appearance of a conflict;
(ii) where there appears to be a conflict of interest, not take part in the discussion of, or vote on, any question in respect of the matter;
(iii) where there appears to be a conflict of interest, absent himself or herself from the portion of any meeting relating to the matter; and
(iii) where there appears to be a conflict of interest, not attempt in any way to influence the voting or do anything that might be perceived as attempting to influence the decision of other members on the matter.
13.43 Bias
13.3.1 Members who sit on Committee panels shall avoid conflicts of interest. They shall be impartial with respect to the individuals involved in the proceedings. Family and business relationships and feelings of hostility or friendship are sources of potential bias. When a Committee member is selected for a panel, the member shall consider whether bias, or the appearance of bias, towards any individual involved in the proceedings exists that is real or perceived, actual or
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potential, direct or indirect. If so, the member shall inform the Committee Chair, who will take appropriate action.
13.5 Interests of Related Persons For the purposes of these By-Laws, the direct or indirect financial interest of a parent, spouse, child or sibling of a Council or Committee member are interpreted to be the interests of Council or Committee member. In addition, each Council or Committee member shall declare any direct or indirect personal interest of a parent, spouse, child or sibling so that an informed and considered discussion can be held as to whether the personal interest constitutes a conflict of interest. Here, the term “spouse” includes a common-law spouse and a same-sex partner of the person.
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14 DESIGNATION OF LIFE MEMBERS
14.1 Requirements. The Registrar may, upon application for such, designate a current or former member of the College as a life member, if the member or former member:
14.1.1 Holds or has previously held a general or academic certificate of registration issued by the College;
14.1.2 Is not in default of payment of fees or of any other obligation owed to the College under the RHPA, Code, ASLPA, or the Regulations or By- laws of the College;
14.1.3 Is not the subject of proceedings for professional misconduct, incompetence or incapacity, whether in Ontario or in another jurisdiction whether in relation to speech-language pathology, audiology or another profession;
14.1.4 Is not the subject of an outstanding order of a Committee or a panel of a Committee;
14.1.5 Is not in breach of an order of a Committee or a panel of a Committee;
14.1.6 Is not in violation of a decision of a panel of the Inquiries, Complaints and Reports Committee requiring the member to be cautioned or to complete a specified continuing education or remediation program;
14.1.7 Is not the subject of an ongoing inquiry or investigation by the Registrar, a Committee, or a panel of a Committee;
14.1.8 Provides the information required by the Registrar;
14.1.9 Has permanently retired from the practice of the profession; and
14.1.10 Pays the prescribed fees for a life certificate.
14.2 Conditions
14.2.1 A life member shall not engage in patient care or related work in audiology or speech-language pathology.
14.2.2 A life member shall not be held out as a person qualified to practise in Ontario as a speech-language pathologist or audiologist.
14.2.3 A life member shall be restricted to the use of the following title applicable to the member: “Speech-Language Pathologist – Retired”, “Speech Therapist – Retired”, “Audiologist – Retired”, or an equivalent in another language.
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14.2.4 A life member shall not be required to participate in the College’s Quality Assurance Program.
14.2.5 A life member shall not be eligible for nomination or election to Council.
14.2.6 A life member shall not be eligible to vote in Council elections.
14.2.7 A person who becomes a life member during their term as a Council member shall not be eligible to continue serving on Council and shall immediately tender their resignation as a member, effective immediately .
14.2.8 A life certificate may be revoked if:
14.2.8.1 The member is found to be in default of any obligation to the College under the RHPA, Code, ASLPA, or the Regulations, By-laws, or policies of the College; or
14.2.8.2 The member is the subject of a finding of incompetence, professional misconduct or incapacity or acts, in the opinion of the Registrar, in a manner inconsistent with a life member designation.
14.3 Insurance. A person who is designated as a life member is not required to provide the College with proof of professional liability insurance coverage.
14.4 Applying for a General or Academic Certificate. A person designated as a life member who wishes to obtain a general or academic certificate shall re-apply to the College for such a certificate and shall meet the registration requirements that are in effect at the time of application.
145 RECOGNITION OF OUTSTANDING CONTRIBUTIONDESIGNATION OF HONOURARY MEMBERS
145.1 Requirements
145.1.1 The recognition of outstanding contributionprivilege of honourary membership shall be open to any current or former Member or a member of the public person who is not a member of the College who has made an outstanding contribution to furthering the mission of the College and/or fulfilling its mandate and objects relating to the regulation of the professions of audiology and speech-language pathology in Ontario in the public interest.
145.1.2 Honourary members shall be nominated. The Executive Committee shall receive all nominations for recognition of outstanding contribution..
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145.1.3 Council shall approve the recognition of outstanding contribution by an individualhonourary members by at least a two-thirds (2/3) vote.
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15.2 Fees. Honourary members will not pay annual membership fees.
15.3 Conditions
15.3.1 An honourary membership shall be for life, save and except in the case where, in the opinion of Council, the member acts in a manner inconsistent with an honourary member designation.
15.3.2 Honourary members shall not be eligible for nomination to Council.
15.3.3 Honourary members shall not have voting privileges.
15.3.4 Honourary members shall not use the titles “Audiologist”, “Speech- Language Pathologist” or “Speech Therapist”, or a variation or abbreviation or an equivalent in another language or any other title protected by the College and shall not hold themselves out as qualified to practise as an audiologist or speech-language pathologist.
156 MAKING, AMENDING AND REVOKING BY-LAWS
156.1 Vote. The By-laws of the College or any part thereof may be enacted, amended or revoked by a resolution of a two-thirds majority of members of Council.
156.2 Notice. Notice of a meeting at which any proposed enactment of, amendment to, or revocation of, a by-law, or any part thereof, to be considered shall include details of the proposed addition, amendment, or revocation and shall be delivered or transmitted electronically to each Council member not less than five days, or shall be mailed to each Council member not less than seven days, before the Council meeting at which such changes are to be considered.
16.3 Editorial Revisions. The Council may make editorial revisions to the By-laws from time to time.
156.34 Policies. The Council may adopt rules, policies and guidelines for the better administration of the affairs of the College from time to time.
16.5 Circulation Period. As required, by-laws will be circulated to members in accordance with the Code before being approved by Council.
156.46 Effect of Revocation or Amendment. The revocation or amendment of a by- law shall not affect the previous operation of the by-law amended or revoked or affect the validity of any act done or right, privilege, obligation or liability acquired or incurred under, or the validity of any contract or agreement made pursuant to any such by-law prior to its amendment or revocation.
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167 CODE OF CONDUCT
167.01 Code of Conduct for Council and Committee Members. The Code of Conduct of Council and Committee members forms Schedule 1 to, and is part of, these By‐laws.
Made by the Council of the College of Audiologists and Speech-Language
Pathologists of Ontario on the 6th day of June, 2014.
This By-law, as amended, shall come into force and effect on the 7th day of June, 2014.
Original effective date: January 1, 2011
Amended March 7, 2014.
Amended June 6, 2014.
Amended March 13, 2015.
Amended December 9, 2016.
Draft – September 23, 2016
College of Audiologists and Speech Language Pathologists of Ontario Schedule 1 of By‐law No. 2011‐1
Code of Conduct
Members of Council and Committees must, at all times, maintain high standards of integrity, honesty and loyalty to the College and its mandate when discharging their College duties. They must act in the best interest of the College. For example, they shall:
a. be familiar and comply with the provisions of the Regulated Health Professions Act (RHPA), the Health Professions Procedural Code, the Audiology and Speech‐Language Pathology Act and the regulations and by‐laws made under them, and policies of the College; b. be prepared to and diligently participate in Council meetings and Committee work including reading background materials and briefing documents; c. regularly attend meetings on time and participate constructively in discussions; d. offer opinions and express views on matters before the College, Council and Committee, when appropriate; e. participate in all deliberations in a respectful and courteous manner, recognizing the diverse background, skills and experience of Council and Committee members; f. uphold the decisions made by a majority of Council and Committees, regardless of the level of prior individual disagreement and leave public or media comment on College business to its official spokespeople; g. avoid and, where that is not possible, declare any appearance of or actual conflicts of interest or bias and remove themselves from discussing or voting on any issue where there is a conflict of interest; h. not participate in a legal proceeding involving the College as a party or on behalf of a party other than through the College or its representatives; i. refrain from including or referencing Council or Committee titles or positions held at the College in any personal or business promotional materials, advertisements and business cards (although referencing titles or positions held at the College in a curriculum vitae is acceptable so long as the curriculum vitae is not overtly used in a promotional manner); j. preserve confidentiality of all information before Council or Committee unless disclosure has been authorized by Council or under the RHPA; k. refrain from attempting to influence a statutory decision unless a member of a panel of the Committee or, where there is no panel, of the Committee dealing with the matter; l. respect the boundaries between and roles of Council and Committee members and staff; and m. be respectful of others including complying with the College’s Diversity Statement and Respect in the College Policy.
Proposed Amendments To By Law No. 1 of the College of Audiologists and Speech-Language Pathologists of Ontario and Rationale Chart (February 2018)
CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS 1 INTERPRETATION 1 INTERPRETATION
1.1 Meaning of Words. The words in this By-law, and in all 1.1 Meaning of Words. The words in this By- other By-laws of the College, unless the context otherwise law, and in all other By-laws of the College, requires, shall bear the same meaning as the words set unless the context otherwise requires, shall out in the Regulated Health Professions Act, the Health bear the same meaning as the words set out Professions Procedural Code, and the Audiology and in the Regulated Health Professions Act, the Speech-Language Pathology Act, unless the context Health Professions Procedural Code, and the otherwise requires. Audiology and Speech-Language Pathology Act, unless the context otherwise requires.
1.2 Number and Gender. In this By-law, unless This updates the language to 1.2 Number and Gender. In this By-law, the singular shall the context otherwise requires, the singular be inclusive of all genders. include the plural, the plural shall include the singular; number or the masculine gender shall include words expressed in one gender shall include all genders. the plural, the plural shall include the singular; words expressed in number one gender shall include all genders or the feminine gender, as the case may be.
1.3 Consistency with Legislation. Each provision of this or 1.3 Consistency with Legislation. Each This just simplifies the any other By-law and any part thereof of the College shall provision of thisis or any other By-law and language. be interpreted in a manner consistent with the Regulated any part thereof of the College shall be Health Professions Act, 1991, S.O. 1991, c.18, (“RHPA”), interpreted in a manner consistent with the the Health Professions Procedural Code (“Code”) which is Regulated Health Professions Act, 1991, S.O. Schedule 2 to the RHPA, the Audiology and Speech- 1991, c.18, (“RHPA”), the Health Professions Language Pathology Act, 1991, S.O. 1991, c.19 (“ASLPA”), Procedural Code (“Code”) which is Schedule and Regulations, and where an inconsistency is found to 2 to the RHPA, and the Audiology and exist, and where practical, the inconsistent provision shall Speech-Language Pathology Act, 1991, S.O. be severed from such By-law or any part thereof. 1991, c.19 (“ASLPA”), and Regulations, and where an inconsistency is found to exist, and where practical, the inconsistent provision shall be severed from such By-law or any part thereof.
1.4 Legislative References New provision to aid in the interpretation and Any reference in these By-Laws to a statute, a enforcement of the by-laws. regulation or a section of a statute or regulation shall be deemed to apply to any re- 1 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS enactment or amendment of that statute, regulation or section, as the case may be.
1.5 Calculating Time New provision to aid in the interpretation and A reference in these and all By-Laws of the enforcement of the by-laws College to the number of days between two events means calendar days and excludes the day on which the first event happens and includes the day on which the second event happens.
1.6 Holidays New provision to aid in the interpretation and A time limit in these and all By-Laws of the enforcement of the by-laws College that would otherwise expire on a holiday or a weekend is extended to include the next day that is not a holiday or a weekend.
1.4 Definitions: 1.74 Definitions:
“ASLPA” means the Audiology and Speech-Language Pathology Act, “ASLPA” means the Audiology and Speech-Language 1991, S.O. 1991 c. Pathology Act, 1991, S.O. 1991 c. 19 and any Act that 19 and any Act that may be substituted therefore, as from time to time may be substituted therefore, as from time to time amended. amended;.
“Audiology Practice Advisory Committee” means the Audiology “Audiology Practice Advisory Committee” means the This Committee has been Practice Advisory Audiology Practice Advisory Committee of the College. changed (see section 10.17). Committee of the College. “Auditor” means the accountant or firm of accountants New definition for clarity. ”Code” means the Health Professions Procedural Code, being duly licensed under the Public Accounting Act who have Schedule 2 to the been appointed by Council; Regulated Health Professions Act, 1991, S.O. 1991, c. 18. “By-Law or “By-Laws” means the By-Laws of the New definition for clarity. “College” means the College of Audiologists and Speech-Language College; Pathologists of
Ontario of Ontario. ”Code” means the Health Professions Procedural Code,
being Schedule 2 to the Regulated Health Professions “Council” means the Council of the College. Act, 1991, S.O. 1991, c. 18;.
“Discipline Committee” means the Discipline “College” means the College of Audiologists and Speech-Language Pathologists of Ontario of Ontario;. Committee of the College. “Executive “Committee” means the committees established under s. New definition for clarity. 2 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS Committee” means the Executive Committee of 10 of the Code, called statutory committees, and the committees established under these By-Laws, called the College. Non-Statutory committees; “Fitness to Practise Committee” means the Fitness to Practise Committee of the “Council” means the Council of the College established New definition for clarity. under section 6 of the Act;. College.
“Council Member” (sometimes referred to as a “member “Inquires, Complaints and Reports Committee” or “ICRC” of Council”) means a Member elected to Council or a New definition for clarity. means the Inquiries, Complaints and Reports Committee Public Member appointed to Council; of the College. “Discipline Committee” means the Discipline The definitions for each “Life Member” has the meaning ascribed thereto in Article 14. Committee of the College. committee have been
“Member” means a member, of any class of registration, of the eliminated and rolled into the “Executive Committee” means the Executive College. Where the situation requires, Member also includes a definition of “committee” and Committee of the College. person whose certificate of registration with the College is under each committee is described suspension. “Fitness to Practise Committee” means the Fitness to in Article 10. Practise Committee of the College. “Non-council Member” means a member of a Committee who is not a
member of “Inquires, Complaints and Reports Council. Committee” or “ICRC” means the Inquiries,
“Patient Relations Committee” means the Patient Relations Complaints and Reports Committee of the College. Committee of the College. “President” means the President of the Life Member has been “Life Member” has the meaning ascribed thereto in eliminated and replaced with College. Article 14. “Recognition of Outstanding Contribution” (see Article “Public Member” means a member of Council who is appointed to the “Member” means a member of the College, of any 14). Council by the class of registration, of the College. Where the Lieutenant Governor in Council. situation requires, Member also includes a person New definition for clarity whose certificate of registration with the College is “Quality Assurance Committee” means the Quality Assurance under suspension.
Committee of the College. “Registrar” means the Registrar of the “Non-council Member” means a member of a Committee who is not a member of College. Council.
“RHPA” means the Regulated Health Professions Act, 1991, S.O. “Patient Relations Committee” means the Patient 1991, c. 18, and any Relations Committee of the College. “President” Act that may be substituted therefore, as from time to means the President of the College.
time amended. “Registration Committee” means the “Professional Association” means an organized group of New definition for clarity. individuals who promote and advocate for the interests of
3 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS Registration Committee of the College. “Regulations” the profession related to audiology or speech language pathology, but does not include a school whose sole means the Regulations under ASLPA. purpose is to educate.
“Vice-President” means the Vice-President of Audiology or Vice- “Public Member” means a member of Council who is President of Speech- Language Pathology of the College. appointed to the Council by the Lieutenant Governor in Council.
“Quality Assurance Committee” means the Quality
Assurance Committee of the College. “
Registrar” means the Registrar of the College.
“RHPA” means the Regulated Health Professions Act, 1991, S.O. 1991, c. 18, and any Act that may be substituted therefore, as from time to time amended.
“Registration Committee” means the Registration Committee of the College. “Regulations” means the Regulations under ASLPA.
“Vice-President” means the Vice-President of Audiology or Vice-President of Speech- Language Pathology of the College.
2 BUSINESS OF THE COLLEGE 2 BUSINESS OF THE COLLEGE
2.1 Seal. The Seal, an impression of which appears in this By- 2.1 Seal. The Seal, an impression of which law, shall be the Seal of the College. appears in this By-law, shall be the Seal of the College.
2.2 Execution of Documents or Instruments 2.2 Execution of Documents or Instruments
2.2.1 Unless otherwise provided in the RHPA, the Code, 2.2.1 Unless otherwise provided in the RHPA, the ASLPA, or the Regulations or By-laws of the College, Code, ASLPA, or the Regulations or By-laws documents or instruments requiring the signature of the of the College, documents or instruments College shall be signed by the President or the Vice- requiring the signature of the College shall be President(s) together with the Registrar. All documents or signed by the President or the Vice- instruments so signed shall be binding upon the College President(s) together with the Registrar. All without further authorization or formality. documents or instruments so signed shall be binding upon the College without further authorization or formality.
2.2.2 Notwithstanding the above paragraph, Council is 2.2.2 Notwithstanding the above paragraph,
4 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS authorized, at any time and from time to time by Council is authorized, at any time and from resolution, to direct the manner in which, and to time to time by resolution, to direct the appoint any officer, person or persons by whom, any manner in which, and to appoint any officer, particular signed documents or instruments on behalf person or persons by whom, any particular of the College may or shall be signed. Council signed documents or instruments on behalf members shall not sign or seal a document affecting of the College may or shall be signed. the College unless authorized by the Council. Council members shall not sign or seal a document affecting the College unless authorized by the Council.
2.2.3 The Seal of the College shall, when required, be affixed 2.2.3 The Seal of the College shall, when required, to documents, signed on behalf of the College. be affixed to documents, signed on behalf of the College.
2.2.4 Certificates of Registration shall be signed by the President 2.2.4 Certificates of Registration shall be signed by and the Registrar. the President and the Registrar.
2.2.5 The term "contracts”, “documents” or New definition for clarity. “instruments in writing" as used in these By- Laws is intended to include deeds, mortgages, hypothecs, charges, conveyances, transfers and assignments of property, real or personal, movable or immovable, powers of attorney, agreements, releases, receipts and discharges for the payment of money or other obligations, conveyances, transfers and assignments of shares, bonds, debentures or other securities and all paper writings.
This makes it clear that the 2.2.6 Except where otherwise provided by law, the Registrar can sign Registrar may sign summonses and notices on summonses – this can be behalf of the College or any Committee. important in a number of legal matters – including discipline.
2.2.7 All cheques or payments issued on behalf of the This comes from By-Law 2 College in excess of $50,000.00, excluding that we propose rolling into salaries, or such other amount as may be this by-law. determined by the Executive Committee on the recommendation of the Finance Committee from time to time, must be approved by the Executive Committee and signed by both the President and Registrar. 5 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS
2.2.8 All cheques or payments issued on behalf of the This comes from By-Law 2 College not in excess of $50,000.00 or such that we propose rolling into other amount as may be determined by the Executive Committee on the recommendation of this by-law. the Finance Committee from time to time shall be signed by any two of the Registrar, Deputy Registrar, Director of Finance an d Operations or the Executive Assistant to the Registrar, with the exception of the person to whom the cheque is made payable.
2.2.9 The Registrar may not make any payment where amounts or orders have been split to avoid the This comes from By-Law 2 limit on purchases, where due diligence has not that we propose rolling into been exercised with respect to potential or actual this by-law. conflicts of interests, where the amount exceeds $25,000.00 or such other amount as may be determined by the Executive Committee on recommendation of the Finance Committee from time to time without having obtained comparative prices or bids, or where the amount exceeds 10% of the operating budget of the College in a given year.
This is my recommended 2.3 Banking wording – it is not very different from By-Law 2, but The Executive Committee shall appoint a Canadian chartered bank (which shall be a Schedule 1 or it does include a new Schedule 2 bank under the Bank Act (Canada) (the definition for clarity and is “bank”)) for the use of the College which shall be easier to understand. operated, managed and administered by the Registrar in such manner as Council may from time to time direct and by such other persons who may be authorized by Council. All money received shall be deposited in the account or accounts maintained by the College at such bank, without deduction for any purpose whatsoever.
2.4 Investments This is intended to provide the Council with a better All monies belonging to the College may only be level of oversight of deposited or invested according to a College policy in place from time to time, and in one or more of the investments. following: (i) A major chartered bank or trust company or 6 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS brokerage house; (ii) Securities of the Government of Canada, the Government of any Province of Canada, or any municipal corporation in any Province of Canada. (iii) Securities, the payment of principal and interest of which is guaranteed by the Government of Canada, or the Government of a Province of Canada.
2.5 Securities This is intended to provide the Council with a better The Registrar as may, from time to time be authorized level of oversight of by resolution of the Council, is authorized to sell, assign, transfer, charge, convert, or convey any and all investments. shares, bonds, debentures, rights, warrants, or other securities owned by or registered in the name of the College and to sign and execute all assignments, transfers, conveyances, powers of attorney and other instruments that may be necessary for the foregoing purposes in compliance with policies approved by Council from time to time.
2.6 Ownership of Securities This is intended to provide the Council with a better All share certificates, bonds, debentures, notes or level of oversight of obligations belonging to the College shall be issued in the name of the College. investments.
2.7 Borrowing This is intended to provide the Council with a better 2.7.1 The Registrar may, in accordance with any level of oversight of finance policies approved by Council from time to time: borrowing. (i) borrow money on the credit of the College; (ii) limit or increase the amount or amounts that may be borrowed; and
(iii) charge, mortgage, hypothecate or pledge all or any of the real or personal property of the College, including book debts, rights, powers, franchises and undertakings, to secure any such securities or any money borrowed, or other debt, or any other obligation or liability of the College.
7 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS 2.7.2 From time to time, Council may authorize any member of Council or officer or employee of the This is intended to provide College or any other person, to make the Council with a better arrangements with reference to the monies borrowed or to be borrowed and as to the terms level of oversight of and conditions of the loans and the securities to borrowing. be given, with power to vary or modify such arrangements, terms and conditions and to give additional securities for monies borrowed or remaining due by the College as the Council may authorize and generally to manage, transact and settle the borrowing of money by the College.
2.8 Budget. Council shall approve annually, a capital budget for the College for each fiscal year.
2.3 Notice. Any notice or other document to be given by the 2.93 Notice. Any notice or other document to be College to any member of the College or of the Council or given by the College to any member of the any Committee, or the Auditor of the College, shall be College or of the Council or any Committee, or delivered, mailed or sent by electronic transmission the Auditor of the College, shall be delivered, addressed to such member of the College or of the Council mailed or sent by electronic transmission or any Committee or Auditor at the address which appears in addressed to such member of the College or of the register or other books of the College, or if no address is the Council or any Committee or Auditor at the given therein, then to the last address of such member of the address which appears in the register or other College or of the Council or any Committee or Auditor known books of the College, or if no address is given to the Registrar. therein, then to the last address of such member of the College or of the Council or any Committee or Auditor known to the Registrar.
2.4 Financial Year. The financial year of the College shall end 2.104 Financial Year. The financial year of the th th on September 30 in each year. College shall end on September 30 in each year.
2.5 Audit. The Council shall appoint annually a chartered 2.115 Auditor. The Council shall appoint annually accountant or a firm of chartered accountants to audit the a chartered accountant or a firm of books and prepare a financial statement for each chartered accountants to audit the books financial year. and prepare a financial statement for each financial year.
2.6 Grants. The Council may set aside in the budget each year 2.126 Grants. The Council may set aside in the such funds as are deemed appropriate for the budget each year such funds as are deemed advancement of scientific knowledge or the education of appropriate for the advancement of scientific persons wishing to practise the professions, to maintain or knowledge or the education of persons improve the standards of practice of the professions or to wishing to practise the professions, to provide public information about, and encourage interest in, maintain or improve the standards of practice the past and present role of the professions in society. of the professions or to provide public
8 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS information about, and encourage interest in, the past and present role of the professions in society.
2.7 College Memberships. The College may be a member of 2.7 College Memberships. The College may be Moved to the next Article. An a provincial, national or international organization of a member of a provincial, national or administrative decision but regulatory bodies or other organizations with similar international organization of regulatory bodies no actual change to the legislated mandates, functions or interests. or other organizations with similar legislated mandates, functions or interests. provision.
3 MEMBERSHIP IN THE COLLEGE 3 COLLEGE MEMBERSHIPSMEMBERSHIP IN THE COLLEGE
Revoked March 6, 2014. Revoked March 6, 2014. 3.12.7 College Memberships. The College may be a member of a provincial, national or international organization of regulatory bodies or other organizations with similar legislated mandates, functions or interests.
4 COMPOSITION OF COUNCIL 4 COMPOSITION AND FUNCTIONS OF This title better reflects the COUNCIL following provisions. 4.1 Composition of Council. The Council of the College shall be composed in accordance with subsection 6(1) 4.1 Composition of Council. The Council of ASLPA. of the College shall be composed in accordance with subsection 6(1) of ASLPA.
4.2 Restriction on Council Members. No member of Council 4.2 Restriction on Council Members. No This is no longer required shall be an employee of the College. member of Council shall be an employee of given the provisions on the College. eligibility and disqualification.
Authority of Council. Council shall perform the functions assigned to it under ASLPA and the The new section 4.2 makes Code. the source of the Council’s authority clear. 5.1 Electoral Districts. The following electoral districts 5 ELECTION OF COUNCIL MEMBERS are established for the purpose of the election of
members to the Council: 5.1 Electoral Districts. The following electoral districts are established for 5.1.1 Electoral district 1, the Eastern District, the purpose of the election of members including the counties of Frontenac, Hastings, to the Council: Lanark, Leeds and Grenville, Lennox and
Addington, Northumberland, Peterborough, 5.1.1 Electoral district 1, the Eastern Prescott and Russell, City of Kingston, City of 9 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS Prince Edward County, Renfrew, Stormont- District, including the counties of Dundas and Glengarry and the City of Ottawa. Frontenac, Hastings, Lanark, Leeds and Grenville, Lennox and 5.1.2 Electoral district 2, the Central Region, Addington, Northumberland, including the regional municipalities of Peterborough, Prescott and Durham, Peel and York, and the City of Russell, City of Kingston, City of Toronto. Prince Edward County, Renfrew, Stormont- Dundas and Glengarry 5.1.3 Electoral district 3, the Southwestern Region, and the City of Ottawa. including the regional municipalities of Halton, Niagara and Waterloo; the counties of Huron, 5.1.2 Electoral district 2, the Perth, Wellington, Elgin, Essex, Lambton, Central Region, including Middlesex, Oxford and Dufferin; along with the the regional municipalities of cities of Hamilton, Brant, Chatham-Kent, Durham, Peel and York, and Haldimand, Norfolk and Brantford. the City of Toronto.
5.1.4 Electoral district 4, the Northwestern Region, 5.1.3 Electoral district 3, the including the counties of Bruce and Grey Southwestern Region, including together with the territorial districts of Algoma, the regional municipalities of Kenora, Manitoulin, Rainy River, and Thunder Halton, Niagara and Waterloo; the Bay and the City of Greater Sudbury. counties of Huron, Perth, Wellington, Elgin, Essex, 5.1.5 Electoral district 5, the Northeastern Region, Lambton, Middlesex, Oxford and including the counties of Haliburton and Dufferin; along with the cities of Simcoe and the City of Kawartha Lakes Hamilton, Brant, Chatham-Kent, together with the territorial districts of Haldimand, Norfolk and Brantford. Cochrane, Muskoka, Nipissing, Parry Sound and Timiskaming. 5.1.4 Electoral district 4, the Northwestern Region, including 5.1.6 Electoral district 6, the Province of Ontario the counties of Bruce and Grey at large. together with the territorial districts of Algoma, Kenora, Manitoulin, Rainy River, and Thunder Bay and the City of Greater Sudbury.
5.1.5 Electoral district 5, the Northeastern Region, including the counties of Haliburton and Simcoe and the City of Kawartha Lakes together with the territorial districts of Cochrane, Muskoka, Nipissing, Parry Sound and Timiskaming.
5.1.6 Electoral district 6, the
10 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS Province of Ontario at large.
5.2 Eligibility to Vote. All members are eligible to vote for the 5.2 Eligibility to Vote. electoral district 6 member of Council. Other than electoral district 6, the electoral district in which a member is eligible 5.2.1 All members are eligible to vote for the to vote is the district in which, on the close of the business electoral district 6 member of Council. Other day preceding the day on which the election will take place, than electoral district 6, the electoral district in the member principally practises or, if the member is not which a member is eligible to vote is the district currently engaged in the practice of audiology in which, on the close of the business day or speech-language pathology, the electoral district in preceding the day on which the election will which, on that day, the member principally resides. take place, the member principally practises or, if the member is not currently engaged in the practice of audiology or speech-language pathology, the electoral district in which, on that day, the member principally resides.
5.2.2 Any disputes regarding a Member’s New section – this eligibility to vote in an election shall be definitively sets out that the decided by the Registrar. Registrar has the authority to deal with these types of disputes. 5.3 The Number of Members to be Elected is as follows: 5.3 The Number of Members to be Elected is as follows: 5.3.1 One member shall be an audiologist and one member shall be a speech-language 5.3.1 One member shall be an pathologist, in each of electoral districts 1, 2, audiologist and one member and 3, for a total of six; shall be a speech-language pathologist, in each of electoral 5.3.2 Either an audiologist or a speech-language districts 1, 2, and 3, for a total of six; pathologist, in each of electoral districts 4 and 5, for a total of two; 5.3.2 Either an audiologist or a
speech-language
pathologist, in each of electoral districts 4 and 5, for a total of two;
5.3.3 One member may be either an 5.3.3 One member may be Re-worded to simplify the audiologist or a speech-language eEither an audiologist or a language. pathologist, in electoral district 6, for a speech-language total of one. pathologist, in electoral district 6, for a total of one.
5.3.4 In total, nine members shall be elected, of 5.3.4 In total, nine members shall 11 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS whom at least three shall be audiologists be elected, of whom at least and at least three shall be speech-language three shall be audiologists pathologists. and at least three shall be
speech-language pathologists.
5.4 Terms of Election. The term of office of a member 5.4 Terms of OfficeElection. The term of office Re-worded to simplify the elected to the Council is three years commencing of a member elected to the Council is three language. immediately upon election. No person who is elected years commencing immediately upon may be a member of Council for more than nine election. No person who is elected may be consecutive years. a member of Council for more than nine consecutive years or an aggregate of nine years.
5.5 Election Dates 5.5 Election Dates
5.5.1 An election of members to the Council was 5.5.1 An election of members to the Given the passage of time, held in June 1994 for all electoral districts. Council was held in June 1994 this section is no longer for all electoral districts. required. 5.5.2 In every third year after June 2008, an election of members to the 5.5.12 In every third year after June 2008, Council shall be held for electoral districts 1 and an election of members to the 3. Council shall be held for electoral districts 1 and 3. 5.5.3 In every third year after June 2009, an election of members to the 5.5.23 In every third year after June 2009, Council shall be held for electoral districts 2, 4 an election of members to the and 5. Council shall be held for electoral districts 2, 4 and 5. 5.5.4 In every third year after June 2010, an election of members to the 5.5.34 In every third year after June 2010, Council shall be held for electoral district 6. an election of members to the Council shall be held for electoral 5.5.5 The Council shall set the date within the district 6. calendar year for each election of members to the Council. 5.5.45 The Council shall set the date within the calendar year for each election of members to the Council.
12 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS 5.6 Eligibility for Election 5.6 Eligibility for Election Re-worded to simplify the language. A member is eligible for election to the Council in an A Mmember is eligible for election to the electoral district if, at the close of nominations and Council in an electoral district if, at the continuously until the day of the election: close of nominations and continuously
until the day of the election: 5.6.1 The member holds a General, Non-Practising or Academic certificate of registration and is 5.6.1 tThe Mmember holds a General, engaged in the practice of audiology or Non-Practising or Academic speech- language pathology in the electoral certificate of registration and is district for which the member is nominated, or, engaged in the practice of if the member is not currently engaged in the audiology or speech- language practice pathology in the electoral district
of audiology or speech-language pathology, is for which the member is
resident in the electoral district for which the nominated, or, if the Mmember is not currently engaged in the member is nominated; practice
of audiology or speech-language 5.6.2 The member is not in default of payment of any prescribed fees or providing any pathology, is resident in the required information to the College; electoral district for which the mMember is nominated; 5.6.3 The member is not the subject of any proceedings for incompetence, incapacity or 5.6.2 tThe mMember is not in default of payment of any professional misconduct; prescribed fees or providing any required information to 5.6.4 The member has not been found to have the College; committed an act of professional misconduct or to be incompetent in any 5.6.3 the Member is not currently Including this is a policy disciplinary proceeding in the six years and has not been for the decision. Most colleges have preceding the date of the election; previous year an employee of a cooling off period in order 5.6.5 The member’s certificate of registration has the College; to avoid conflicts of interest. not been revoked or suspended in the six years preceding the date of the election for It does mean that an any reason other than the non-payment of employee would be fees; prevented from serving on Council for at least one year 5.6.6 The member’s certificate of after they end their registration is not subject to a term, employment.
condition or limitation other than one
prescribed by regulation;
Complaints have not been 5.6.43 tThe Mmember is not the subject 5.6.7 The member is not a member of the included for three reasons. council of any other RHPA college; and of any disciplinary, incompetency or incapacity proceeding in any One, since anyone can file a complaint, and ICRC is just a 13 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS 5.6.8 The member is not a candidate in, or already a jurisdictionproceedings for screening committee, member of the Council for, another electoral incompetence, incapacity or involvement in the district. professional misconduct; complaints process is not an indication of any wrong 5.6.54 tThe Mmember has not doing. Two, complaints are been the subject of any confidential and there is not professional misconduct, a compelling reason to incompetence or incapacity finding in the preceding disclose it in this setting. found to have committed Finally, although it is likely a an act of professional remote risk, it would allow misconduct or to be one candidate to file a incompetent in any complaint against another disciplinary proceeding in candidate in order to prevent the six years preceding the date of the election; them from running in the election.
5.6.65 tThe Mmember’s certificate of Making an exception for non- registration has not been payment of fees, is a fairly revoked or suspended in the common exception in preceding six years preceding eligibility requirements; the date of the election for any mainly because this is reason other than the non- payment of fees; considered an administrative matter and not professional 5.6.76 tThe Mmember’s misconduct. This is purely a certificate of registration policy decision on the part of is not subject to a term, the College. This exception condition or limitation can be removed if that is the other than one preference. prescribed by regulation;
5.6.8 the Member has not This is consistent with been required to appear information that appears on before a panel of the the public register. Inquiries, Complaints and Reports Committee to be cautioned in the preceding three years;
5.6.9 the Member has not
14 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS been required by a panel This is consistent with of the Inquiries, information that appears on Complaints and Reports the public register. Committee to complete a specified continuing education or remediation program in the preceding three years;
5.6.10 a period of six years has As with the requirement that elapsed since the 6 years has elapsed since a Member complied with finding has been made by all aspects of an order either committee, this imposed by the ensures that a member has Discipline or Fitness to complied with any orders Practice Committee; within 6 years
5.6.11 the Member has not This ensures that a member been disqualified from who has been disqualified Council or a Committee cannot run for at least one within the preceding more election cycle. three years;
5.6.12 the Member has agreed This gives a candidate the to resign and does, opportunity to eliminate a before taking office, any conflict of interest related to position such as director, their position with a owner, board member, Professional Association. officer or employee that the Member holds with a Professional Association;
5.6.137 tThe member is not a Mmember of the council of any other RHPA college; This gives a candidate the 5.6.14 the Member does not have a opportunity to eliminate a conflict of interest to serve as a member conflict of interest. of Council or has agreed to remove any such conflict of 15 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS interest before taking office; and
5.6.158 The member is not a candidate in, or already a member of the Council for, another electoral district.
5.7 Notification of Election. No later than 75 days before the 5.7 Notification of Election. No later than 75 date of an election, the Registrar shall notify every days before the date of an election, the member who is eligible to vote of the date, time and place Registrar shall notify every Mmember who of the election and of the nominations procedure. is eligible to vote of the date, time and place of the election and of the nominations procedure.
5.8 Nomination Procedure 5.8 Nomination Procedure
5.8.1 The nomination of a candidate for election as a 5.8.1 The nomination of a candidate for member of the election as a member of the Council shall be in writing and shall be given to Council shall be in writing and the Registrar at least shall be given to the Registrar at 45 days before the date of the election. least 45 days before the date of the 5.8.2 The nomination shall be signed by the election. candidate and by at least three other members who support the nomination and 5.8.2 The nomination shall be signed who are eligible to vote in the electoral district by the candidate and by at least in which the election is to be held. three other mMembers who support the nomination and who are eligible to vote in the electoral district in which the election is to be held.
5.9 Withdrawal of Nomination. A candidate The existing by-laws do not may withdraw from an election by giving contain a process for notice, in writing, to the Registrar. Upon addressing a withdrawal. receiving written notice of a candidate’s withdrawal from the election, the Registrar This makes it clear what shall make reasonable efforts to remove the process should be followed. name of the candidate from the ballot and, if the Registrar is unable to remove the name of the candidate from the ballot in a sufficiently timely manner, the Registrar shall make reasonable efforts to notify the Members eligible to vote that the candidate has withdrawn from the election.
16 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS
5.9 Acclamation. If the number of candidates nominated for 5.109 Acclamation. If the number of candidates Additional wording is to an electoral district is equal to the number of members to nominated for an electoral district is equal to provide more clarity. be elected in the electoral district, the Registrar shall the number of members to be elected in the declare the candidates to be elected by acclamation. If electoral district, the Registrar shall declare the number of candidates nominated for an electoral the candidates to be elected by district is less than the number of members to be elected acclamation. If the number of candidates in the electoral district, the Registrar shall declare the nominated for an electoral district is less existing eligible candidates, if any, to be elected by than the number of members to be elected acclamation and shall in the electoral district, the Registrar shall, establish a new election schedule including, where for any remaining vacancies, declare the existing eligible candidates, if any, to be necessary, a new date for the election. elected by acclamation and shall establish a new election schedule including, where necessary, a new date for the election.
5.10 No later than 30 days before the date of an election, the 5.110 Election Materials. No later than 30 days Additional wording is to Registrar shall send, by regular, electronic mail or other before the date of an election, the Registrar provide more clarity and a electronic process, to every member eligible to vote in an shall send, by regular, electronic mail or other electoral district in which an election is to take place, a list electronic process, to every member eligible reduction in the permitted of the candidates in the electoral district, a brief to vote in an electoral district in which an length of biographical biographical statement of no more than election is to take place, a list of the statement. 100 words, a ballot and an explanation of the voting candidates in the electoral district, a brief procedure as set out in the biographical statement of no more than 1500 By-laws or electronic links to these materials. words, a means to cast a ballot and an explanation of the voting procedure as set out in the By-laws or electronic links to these materials.
5.11 Registrar’s Electoral Duties. In addition to those duties 5.121 AdministrationRegistrar’s Electoral listed above, the Registrar shall supervise and Duties. administer the election of candidates and, for the purpose of carrying out that duty, the Registrar may, 5.12.1 In addition to those duties listed subject to the By-laws: above, the Registrar shall supervise and administer the election of candidates and, for the purpose of carrying out that duty, the Registrar may, subject to the By-laws: 5.11.1 Appoint returning officers and scrutineers; 5.121.1.1 Appoint returning officers and 17 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS scrutineers; Returning officers provide adequate scrutiny.
5.121.12.2 Establish procedures and any Additional wording is to 5.11.2 Establish a deadline for the receiving of ballots; necessary deadlines including procedures and deadlines relating to the receipt of nominations, provide more clarity. biographies and for the receiving of votes;Establish a deadline for the receiving of ballots; 5.11.3 Establish procedures for the opening
and counting of ballots; 5.121.1.3 Establish procedures for the This reflects electronic tabulating of votes opening and counting of voting. ballots;
5.11.4 Provide for the notification of all 5.121.1.4 Provide for the candidates and members of the results of the election; and notification of all candidates and members
of the results of the
election; and
5.11.5 Provide for the destruction of ballots not less 5.121.1.5 Provide for the destruction of This reflects electronic than 30 days following an election. voting information ballots not voting. less than 30 days following an election; and.
5.12.1.6 Do anything else that the This allows the Registrar to Registrar deems necessary deal with unexpected and appropriate to ensure circumstances. that the election is fair and effective.
5.12.2 If a returning officer refuses to act or to continue to act or is This sets out a procedure in impaired in the opinion of the the event a returning officer Registrar, the Registrar shall cannot act. appoint another person as a returning officer or scrutineer.
5.12.3 The returning officers shall honestly and accurately report This sets out the obligations the vote counts in each election, of returning officers. record the results of each count and thereby determine the result of each election.
5.12.4 Subject to these By-laws, all Sets out the obligation of the Registrar. 18 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS questions arising in the tabulation of votes, the recording of results or the determination of the result shall be decided by the Registrar.
5.12 Number of Votes to be Cast 5.132 Number of Votes to be Cast
5.12.1 A member may cast as many votes on a 5.132.1 A Mmember may cast as ballot in an election of members to the many votes on a ballot in an Council as there are members to be election of members to the elected to the Council from the electoral Council as there are district in which the member is eligible to members to be elected to the vote. Council from the electoral district in which the 5.12.2 A member shall not cast more than one vote Mmember is eligible to vote. for any candidate. 5.132.2 A Mmember shall not cast more than one vote for any candidate.
5.13 Tie Votes. If there is a tie in an election of 5.143 Tie Votes. If there is a tie in an election of members to the Council, the Registrar shall break members to the Council, the Registrar shall the tie by random selection, such as a coin toss. break the tie by random selection, such as a coin toss.
5.15 Results. As soon as practicable after the This sets out the obligations votes have been tabulated the Registrar of the Registrar with respect shall: to notification of the election (i) advise each eligible candidate of the results of the election, the number of results. votes he or she received and the candidate’s right to request a recount; and (ii) advise the Members and Council of the results of the election.
5.14 Recounts 5.164 Recounts
5.14.1 A candidate may require a recount by giving 5.164.1 A candidate may require a a written request to the Registrar no more recount by giving a written than 14 days after the date of an election request to the Registrar no and by paying the recount fee as specified in more than 14 days after the By-Law 2011-3. The fee shall be refunded if date of an election and by the recount confirms an error in the counting paying the recount fee as of ballots that results in a change in the specified in By-Law 2011-3. results of the election in favour of the The fee shall be refunded if the 19 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS candidate who requested the recount. recount confirms an error in the counting of ballots that results in a change in the results of the election in favour
of the candidate who requested the recount.
5.14.2 If a recount is requested, the Registrar shall 5.164.2 The Registrar shall hold the This is more consistent with appoint a time and place for the recount no recount no more than seven recounts for electronic more than 7 days after receiving the request. days after receiving the request voting. and the recount shall be conducted in as transparent a manner as the voting system
reasonably permits.If a recount is requested, the Registrar shall appoint a time and place for the recount no more than 7 days after receiving the request.
5.163.3 If a candidate requests a This sets out the process for recount, the Registrar shall preside over the recount, and a recount and how to shall: address the results. (i) appoint scrutineers; (ii) notify all candidates in the election of the fact and date of the recount; (iii) if two candidates 5.13.3 The recount shall be conducted in the same receive an equal manner as the original counting of votes number of votes, except the votes will be counted and verified the Registrar shall by two persons appointed by the President break the tie who were not scrutineers in the election. random selection such as a coin toss; and (iv) declare the candidate who received the most votes to be elected to the Council for the pertinent electoral district. 5.16.4 A candidate may only request one recount.The recount shall 20 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS be conducted in the same manner as the original counting of votes except the votes will be counted and verified by two persons appointed by the President who were not scrutineers in the election.
5.15 Interruption of Mail Service. Where there is an 5.175 Interruption of Mail Service. Where Interruption of mail service is interruption of mail service during a nomination or there is an interruption of mail service no longer relevant. election, the Registrar shall extend the holding of the during a nomination or election, the nomination or election for such period of time as the Registrar shall extend the holding of Registrar considers necessary to compensate for the the nomination or election for such interruption. period of time as the Registrar considers necessary to compensate for the interruption. Referral of Disputes to the Council, If This sets out a process to the Council is of the opinion that there address questions about the are reasonable grounds to doubt or validity of an election. dispute the validity of the election of any member of Council it shall initiate an inquiry on the advice of the Registrar.
5.18 Options Available to Council. Council This sets out Council’s may, after inquiring into the validity of options once it has reviewed an election, do one of the following: an election result.
i. declare the election result in question to be valid; or ii. declare the election result in question to be invalid; and either a. declare another candidate to have been elected; or b. direct that another election be held.
5.16 Electronic Elections. To the extent that an election 5.196 Electronic Elections. To the extent that an This is no longer required as proceeds in whole or in part using an electronic process, election proceeds in whole or in part using the election by-laws have this action shall be interpreted to be consistent with and to an electronic process, this action shall be been reworded to reflect accommodate such a process. interpreted to be consistent with and to accommodate such a process. electronic elections.
Minor Irregularities Not Fatal. Council shall 21 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS not declare an election result to be invalid This means a minor solely on the basis of a minor irregularity irregularity that did not regarding the requirements of these By- impact the outcome cannot Laws or a procedure established by the Registrar. cause an election to be declared invalid. 5.17 Disqualification of Elected Members. The Council 5.2017 Disqualification of Elected and The disqualification shall disqualify an elected member from sitting on the Academic Members. The Council shall processes for Elected and Council if the elected member, disqualify an elected or academic member Academic members have from sitting on the Council if the elected or 5.17.1 Is found by a panel of the Discipline academic member, been combined since they Committee to have committed an act of were essentially identical. professional misconduct, or to be 5.2017.1 Is found by a panel of the incompetent; Discipline Committee to have committed an act of professional misconduct, or to be 5.17.2 Is found by a panel of the Fitness to incompetent; Practise Committee to be incapacitated; 5.2017.2 Is found by a panel of the Fitness to Practise 5.17.3 Fails, without reasonable cause in the Committee to be opinion of two-thirds of the members of incapacitated; Council, to attend two consecutive meetings of the Council; 5.2017.3 Fails, without reasonable cause in the opinion of two- 5.17.4 Fails, without reasonable cause in the thirds of the members of opinion of two-thirds of the members of Council, to attend two consecutive meetings of Council, to attend two consecutive meetings of a Committee or two hearings of panels to the Council; which the member has been selected; 5.2017.4 Fails, without reasonable 5.17.5 Holds a certificate of registration that cause in the opinion of two- becomes subject to a term, condition or thirds of the members of limitation, other than a term, condition or Council, to attend two limitation that is prescribed by regulation; consecutive meetings of a Committee or two hearings of 5.17.6 Ceases to hold a certificate of panels to which the member has been selected; registration as a General, Non-
Practising or Academic member; 5.2017.5 Holds a certificate of registration that becomes 5.17.7 Is in default of any prescribed fee or subject to a term, condition or of providing any required information limitation, other than a term, to the College for a period of more condition or limitation that is prescribed by regulation; than 30 days;
5.17.8 Becomes a member of a council of any other 5.2017.6 In the case of an 22 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS college regulated under the RHPA; elected member, cCeases to hold a 5.17.9 Is found guilty of a criminal offence which, in certificate of the opinion of Council, is of such a nature that registration as a warrants disqualification; General, Non-
Practising or Academic 5.17.10 Fails, in the opinion of two-thirds of the members of Council, to discharge properly or member or in the case honestly any office, including one to which he of an academic or she has been elected or appointed by member ceases to Council, including for a material breach of the hold a certificate of Code of Conduct; registration as a General or Academic 5.17.11 Ceases to either practise or reside in the member;; electoral district for which the member was elected; or 5.2017.7 Is in default of any prescribed fee or of 5.17.12 Dies. providing any required
information to the College for a period of more than 30 days;
5.2017.8 Becomes a member of a council of any other college regulated under the RHPA;
5.2017.9 Is found guilty of a criminal offence which, in the opinion of Council, is of such a nature that warrants disqualification;
5.2017.10 Fails, in the opinion of two-thirds of the members of Council, to discharge properly or honestly any office, including one to which he or she has been elected or appointed by Council, including for a material breach of the Code of Conduct;
5.2017.11 In the case of an elected member, cCeases to either practise or reside in the electoral district for which the 23 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS member was elected;
5.20.12 In the case of an academic member, the member’s primary employment ceases to be with an institution accredited by the Council for Accreditation of Canadian University Programs in Audiology and Speech- Language Pathology; or
5.2017.13.12 Holds any position such as This mirrors the eligibility director, owner, board member, requirements. officer or employee with a Professional AssociationDies;
5.20.14 Resigns from Council.. This prevents a Council member from resigning and then running in the next election.
5.18 An elected member who is disqualified from sitting on the 5.2118 An elected member or academic member Council ceases to be a member of the Council. who is disqualified from sitting on the Council ceases to be a member of the Council.
5.19 Filling of Vacancies 5.2219 Filling of Vacancies
5.19.1 If the seat of an elected Council member 5.2219.1 If the seat of an elected becomes vacant in an electoral district Council member becomes not more than 12 months before the vacant in an electoral expiry of the member’s term of office, the district not more than 12 Council may: months before the expiry of the member’s term of 5.19.1.1 Leave the seat vacant; office, the Council may:
5.19.1.2 Appoint as an elected Council 5.2219.1.1 Leave the seat member, the candidate, if any, vacant; who received the most votes of all the unsuccessful candidates in the 5.2219.1.2 Appoint as an last election of Council members elected Council for that electoral district; or member, the candidate, if any, 5.19.1.3 Direct the Registrar to hold an who received the 24 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS election in accordance with this most votes of all the Regulation for that electoral unsuccessful district. candidates in the last election of 5.19.2 If the seat of an elected Council member Council members for becomes vacant in an electoral district more that electoral district; than 12 months before the expiry of the or member’s term of office, the Council shall direct the Registrar to hold an election in 5.2219.1.3 Direct the Registrar accordance with this By-law for that electoral to hold an by- district. election in accordance with this 5.19.3 The term of a member appointed under Article by-lawRegulation for 5.16.1.2 or elected in an election under Article that electoral district. 5.16.1.3 or Article 5.16.2 shall continue until the time the former Council member’s term 5.2219.2 If the seat of an elected Council would have expired. member becomes vacant in an electoral district more than 12 months before the expiry of the member’s term of office, the Council shall direct the Registrar to hold an election in accordance with this By-law for that electoral district.
5.2219.3 The term of a member appointed under Article 5.2216.1.2 or elected in an election under Article 5.2216.1.3 or Article 5.2216.2 shall continue until the time the former Council member’s term would have expired.
5.23 Manner of Holding By-Election This makes it clear that a by- election will be held in A by-election shall be held in the same manner essentially the same manner and shall be subject to the same criteria and processes as a regular election, subject to any necessary as a regular election, but modifications. allows the Registrar to shorten timelines if it is appropriate to do so. 5.20 Request for Removal of Public Member 5.240 Request for Removal of Public Member
5.20.1 In the event that a Public Member, 5.240.1 In the event that a Public Member,
25 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS 5.20.1.1 Fails, without reasonable cause in 5.240.1.1 Fails, without the opinion of two-thirds of the reasonable cause in members of Council, to attend two the opinion of two- consecutive meetings of the thirds of the Council; members of Council, to attend two 5.20.1.2 Fails, without reasonable cause in consecutive meetings the opinion of two-thirds of the of the Council; members of Council, to attend two consecutive meetings of a 5.240.1.2 Fails, without Committee or two hearings of reasonable cause in panels to which the member has the opinion of two- been selected; thirds of the members of Council, 5.20.1.3 Is found guilty of a criminal offence to attend two consecutive meetings which, in the opinion of Council, is of a Committee or of such a nature that warrants two hearings of disqualification; or panels to which the member has been 5.20.1.4 Fails, in the opinion of two-thirds of selected; the members of Council, to discharge properly or honestly any 5.240.1.3 Is found guilty of a office, including one to which he or criminal offence she has been elected or appointed by Council including for a material which, in the opinion breach of the Code of Conduct; of Council, is of such a nature that then a report requesting the removal of the Public Member warrants from Council shall be prepared and submitted to the Public disqualification; or Appointments Secretariat. 5.240.1.4 Fails, in the opinion of two-thirds of the members of Council, to discharge properly or honestly any office, including one to which he or she has been elected or appointed by Council including for a material breach of the Code of Conduct;
then a report requesting the removal of the Public Member from Council shall be prepared 26 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS and submitted to the Public Appointments Secretariat.
5.21 Appointment of Academic Members 5.251 Appointment of Academic Members
5.21.1 Two academic members, one representing 5.251.1 Two academic members, speech-language pathology and one representing one representing speech- audiology, shall be appointed by Council in every language pathology and one third year after 2009. representing audiology, shall
5.21.2 Council shall consult with and obtain be appointed by Council in recommendations from the Directors or Chairs of the every third year after 2009. applicable universities that offer audiology or speech- language pathology programs, as the case may be, for 5.251.2 Council shall consult with and obtain academic candidates to be appointed to the Council. recommendations from the Directors or Chairs of the applicable universities
that offer audiology or speech- 5.21.2 A member is eligible for appointment to the Council as language pathology an academic member if, programs, as the case may be, for academic candidates to be 5.21.2.1 The member is the holder of a General or appointed to the Council. Academic certificate of registration; 5.251.32 A Mmember is eligible for 5.21.2.2 The member’s certificate of registration has appointment to the Council as not been revoked or suspended at any time an academic member if, in the six years immediately preceding the appointment for any reason other than non- payment of fees; 5.251.32.1 tThe mMember is the holder of a General or
Academic certificate of 5.21.2.3 The member is not in default of registration; any obligation to the
College under a regulation or the by-laws; 5.251.32.2 the Member is not in This mirrors the default of payment of any requirements for elected 5.21.2.4 The member is not the subject of prescribed fees or members. proceedings for incompetence, incapacity providing any required or professional misconduct; information to the College;
5.25.3.3 the Member is not currently This mirrors the 5.21.2.5 The member’s certificate of registration is not requirements for elected subject to a term, condition or limitation other and has not been for the than one prescribed by regulation; previous year an employee members. of the College;
5.21.2.6 The member is not a member of the council of any other 5.25.3.4 tThe mMember’s certificate of registration has not been revoked RHPA college; or or suspended at any time in the six years immediately preceding 5.21.2.7 The member’s primary employment is with an the appointment for any reason 27 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS institution accredited by the Council for other than non-payment of fees; Accreditation of Canadian University Programs in Audiology and Speech-Language Pathology. 5.251.32.3 tThe mMember is not in default of any obligation to the 5.21.3 No person may be an academic member for College under a regulation or the by- more than nine consecutive years. laws;
5.251.32.4 tThe Mmember is not the This mirrors the subject of disciplinary, requirements for elected incompetency or incapacity members. proceeding in any jurisdictionproceedings for incompetence, incapacity or professional misconduct;
5.25.3.5 the Member has not been the This mirrors the subject of any professional requirements for elected misconduct, incompetence or members. incapacity finding in the preceding six years;
5.251.32.65 the Member’s certificate of registration has not been revoked This mirrors the or suspended in the preceding requirements for elected six years for any reason other members. than the non-payment of fees;
5.25.3.7 tThe Mmember’s certificate of registration is not subject to a term, condition or limitation other than one prescribed by regulation;
5.25.3.8 the Member has not been required to This mirrors the appear before a panel of the Inquiries, requirements for elected Complaints and Reports Committee to members. be cautioned in the preceding three years;
5.25.3.9 the Member has not been required by a panel of the Inquiries, Complaints and This mirrors the Reports Committee to complete a requirements for elected specified continuing education or members. remediation program in the preceding three years;
28 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS
5.25.3.10 a period of six years has elapsed since This mirrors the the Member complied with all aspects of requirements for elected an order imposed by the Discipline or Fitness to Practice Committee; members.
5.25.3.11 the Member has not been disqualified from Council or a Committee within the This mirrors the preceding three years; requirements for elected members. 5.25.3.12 the Member has agreed to resign and does, before taking office, any position such as director, owner, board member, This mirrors the officer or employee that the Member requirements for elected holds with a Professional Association; members.
5.251.32.136 tThe Mmember is not a member of the council of any other RHPA college; or
5.25.3.14 the Member does not have a conflict of This mirrors the interest to serve as a member of Council or requirements for elected has agreed to remove any such conflict of members. interest before taking office;
5.2521.32.157 tThe Mmember’s primary employment is with an institution accredited by the Council for Accreditation of Canadian University Programs in Audiology and Speech- Language Pathology; and.
5.25.3.16 the member is not a candidate in, or already a member of the Council for, another electoral district.
5.251.43 No person may be an Council should consider if a academic member for six year timeframe is more more than sixnine appropriate. consecutive years or the aggregate of six 29 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS years.
5.22 Disqualification of Academic Members 5.22 Disqualification of Academic Members These sections have been
eliminated since it has been combined with the elected 5.22.1 The Council shall disqualify an academic 5.22.1 The Council shall disqualify an member disqualification member from sitting on the Council if the member: academic member from sitting on the Council if provisions. the member: 5.22.1.1 Is found by a panel of the Fitness to Practise Committee to be incapacitated; 5.22.1.1 Is found by a panel of the Fitness to Practise Committee to be 5.22.1.2 Fails, without reasonable cause in the opinion of two- incapacitated; thirds of the members of Council, to attend two consecutive meetings of the Council; 5.22.1.2 Fails, without reasonable cause in the 5.22.1.3 Fails, without reasonable cause in the opinion of two- opinion of two-thirds of the members thirds of the members of Council, to attend two of Council, to attend two consecutive consecutive meetings of a Committee or two hearings meetings of the Council; of panels to which the member has been selected; 5.22.1.3 Fails, without reasonable cause in the opinion 5.22.1.4 Holds a certificate of registration that becomes subject to of two-thirds of the members of Council, to attend two a term, condition or limitation, other than a term, consecutive meetings of a Committee or two hearings of condition or limitation that is prescribed by regulation; panels to which the member has been selected;
5.22.1.5 Ceases to hold a certificate of registration as 5.22.1.4 Holds a certificate of registration that a General or becomes subject to a term, condition or Academic member; limitation, other than a term, condition or limitation that is prescribed by regulation; 5.22.1.6 The member’s primary employment ceases to be with
an institution accredited by the Council for 5.22.1.5 Ceases to hold a certificate of Accreditation of Canadian University Progams in Audiology and Speech- Language Pathology; registration as a General or Academic member;
5.22.1.7 Is in default of any prescribed fee or of providing any required information to the College for a 5.22.1.6 The member’s primary employment period of more than 30 days; ceases to be with an institution accredited by the Council for
Accreditation of Canadian University 5.22.1.8 Becomes a member of a council of any other Progams in Audiology and Speech- college regulated under the RHPA; Language Pathology;
5.22.1.9 Is found guilty of a criminal 5.22.1.7 Is in default of any prescribed fee or offence which, in the opinion of of providing any required Council, is of such a nature that warrants information to the College for a disqualification; period of more than 30 days;
30 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS 5.22.1.10 Fails, in the opinion of two-thirds of the members of 5.22.1.8 Becomes a member of a council Council, to discharge properly or honestly any office, of any other college regulated including one to which he or she has been elected or under the RHPA; appointed by Council including for a material breach of the Code of Conduct; or 5.22.1.9 Is found guilty of a criminal
offence which, in the opinion of 5.22.1.11 Dies. Council, is of such a nature that warrants
disqualification;
5.22.1.10 Fails, in the opinion of two-thirds of the members of Council, to discharge properly or honestly any office, including one to which he or she has been elected or appointed by Council including for a material breach of the Code of Conduct; or
5.22.1.11 Dies.
5.23 An academic member who is disqualified from sitting on the 5.23 An academic member who is disqualified from Council ceases to be a member of the Council. sitting on the Council ceases to be a member of the Council.
5.24 The following procedure shall be followed in the 5.264 The following procedure shall be followed in event that a Council or the event that a Council or Committee member is Committee member is alleged to have contravened the duties alleged to have contravened the duties of a Council or of a Council or Committee member or meets the criteria for Committee member or meets the criteria for disqualification disqualification set out in the By‐laws. set out in the By‐laws. (i) A written complaint shall be filed with the (i) A written complaint shall be filed with the Registrar. Registrar. A complaint can be made by a A complaint can be made by a member of the member of the public, a Council or Committee public, a Council or Committee member or the member or the Registrar. If a member of Council Registrar. If a member of Council or a Committee or a Committee receives such a complaint, he or receives such a complaint, he or she shall she shall immediately file it with the Registrar. If immediately file it with the Registrar. If the concern the concern is by the Registrar, it can be is by the Registrar, it can be reported directly to the reported directly to the President and / or a Vice‐ President President or, if both of them are also involved in and / or a Vice‐President or, if both of them are the concern, another member of the Council. also involved in the concern, another member of the Council. (ii)The Registrar shall report the complaint to the President and / or a Vice‐President or, if both of (ii) The Registrar shall report the complaint to the President and / them are involved in the concern, another or a Vice‐President or, if both of them are involved in the concern, member of the Council, who shall bring the another member of the Council, who shall bring the complaint to the complaint to the Executive Committee if he or Executive Committee if he or she believes that the complaint may 31 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS warrant formal action. This provision does not prevent the President, she believes that the complaint may warrant Vice‐President or other Council member from pursuing informal action formal action. This provision does not prevent under the College’s Respect in the Workplace and Respect in the the President, Vice‐President or other Council College policies. member from pursuing informal action under the College’s Respect in the Workplace and Respect (iii) If the Executive Committee is unable to act in the College policies. on the complaint it shall appoint another Committee or person to act on its behalf under this (iii) If the Executive Committee is unable to act on the complaint it shall appoint another Article. After any investigation it deems appropriate, where the Committee or person to act on its behalf under Executive Committee believes that the complaint warrants formal this Article. After any investigation it deems action, it shall arrange for it to be addressed at a meeting of the appropriate, where the Executive Committee Council. believes that the complaint warrants formal action, it shall arrange for it to be addressed at a (iv) The Executive Committee may give an interim meeting of the Council.
direction at any time to protect the integrity and reputation of the (iv) The Executive Committee may give an College including directing that the Council or Committee member be interim direction at any time to protect the suspended from his or her duties until the matter is finally resolved. integrity and reputation of the College including (v) The Executive Committee shall keep Council directing that the Council or Committee member informed of any formal action it initiates or any interim direction be suspended from his or her duties until the issued or any other information Council should know to the extent matter is finally resolved. that is feasible without tainting the process and to the extent that is consistent with the College’s confidentiality obligations. (v) The Executive Committee shall keep Council informed of any formal action it initiates (vi) Council, after receiving a full report from the or any interim direction issued or any other Executive Committee, shall determine whether there has been a information Council should know to the extent breach of duties or whether the criteria for disqualification under the that is feasible without tainting the process and By‐laws have been met and, if so, impose the appropriate sanction. to the extent that is consistent with the College’s confidentiality obligations. The appropriate sanction can include one or more of the following:
(vi) Council, after receiving a full report from (a) censure of the member verbally or in writing, the Executive Committee, shall determine (b) removal of the member from any Committee and / or working group whether there has been a breach of duties or on which he or she serves, whether the criteria for disqualification under the (c) removing a person as a Chair of the Committee and / or working By‐laws have been met and, if so, impose the group on which he or she serves, appropriate sanction. The appropriate sanction can include one or more of the following: (d) exclusion of the member from all or part of meetings of the (a) censure of the member verbally or in writing, Council or any Committees, (b) removal of the member from any Committee (e) restricting access to confidential information by the member, and / or working group on which he or she (f) disqualification of an elected or academic member of Council from serves, the Council, (c) removing a person as a Chair of the (g) delivery of a report to the Public Appointments Secretariat under Committee and / or working group Article 5.20, or on which he or she serves, (h) any other sanction appropriate to the circumstances. (d) exclusion of the member from all or part of meetings of the Council or any Committees, 32 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS (vii) The Council or Committee member whose (e) restricting access to confidential information conduct is the subject of concern shall not take part in the by the member, deliberation or vote of the Council and shall not be present in the (f) disqualification of an elected or academic room for them. However, he or she will be member of Council from the Council, given reasonable notice of the concerns and opportunity to respond to (g) delivery of a report to the Public the allegation. Appointments Secretariat under Article 5.240, or
(h) any other sanction appropriate to the (viii) The procedure set out in this Article is intended to be circumstances. followed in a timely manner recognizing the risk of possible continuing conduct and that the reputation of individuals and the College is at (vii) The Council or Committee member stake while also recognizing whose conduct is the subject of concern shall not the need to provide a fair process for all concerned. take part in the deliberation or vote of the Council and shall not be present in the room for them. However, he or she will be given reasonable notice of the concerns and opportunity to respond to the allegation.
(viii) The procedure set out in this Article is intended to be followed in a timely manner recognizing the risk of possible continuing conduct and that the reputation of individuals and the College is at stake while also recognizing the need to provide a fair process for all concerned. 6 MEETINGS OF COUNCIL 6 MEETINGS OF COUNCIL
6.1 Meetings of Council 6.1 Meetings of Council
6.1.1 To the extent practical, the Council shall hold at least two 6.1.1 To the extent practical, the Council shall hold meetings in a calendar year. at least two meetings in a calendar year.
6.1.2 Meetings of Council shall be held in the offices of the 6.1.2 Meetings of Council shall be held in the College, or in such other location as determined by Council. offices of the College, or in such other location as determined by Council. 6.1.3 When a member of Council is not able to be present in person at a meeting, the member may participate 6.1.3 When a member of Council is not able to be by means of such telephone, electronic or other present in person at a meeting, the member communication facilities as permit all participating persons may participate by means of such telephone, to communicate simultaneously and instantaneously with the electronic or other communication facilities as others, and a member participating in such meeting by such means permit all participating persons to is deemed for the purposes of this By-law to be present communicate simultaneously and at that meeting. instantaneously with the others, and a member participating in such meeting by such means is deemed for the purposes of this By- law to be present at that meeting.
33 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS 6.1.4 Meetings of the Council shall be called by the 6.1.4 Meetings of the Council shall President. be called by the President.
6.1.5 The President, or in the absence or failure to act of the 6.1.5 The President, or in the absence or failure to President, the Vice-President(s), shall, on the direction in writing of act of the President, the Vice-President(s), two-thirds of the members of the Council delivered to the Registrar, shall, on the direction in writing of two-thirds call a special meeting of the Council. of the members of the Council delivered to the Registrar, call a special meeting of the 6.1.6 Notice of all Council meetings, including special meetings, Council. shall be delivered or sent by electronic transmission to each Council member not less than five days, or shall be mailed to each member of 6.1.6 Notice of all Council meetings, including Council not less than 10 days, before the meeting is to take place. A special meetings, shall be delivered or sent by statutory declaration of the President that notice has been given electronic transmission to each Council pursuant to member not less than five days, or shall be this By-law shall be sufficient and conclusive evidence of the giving of mailed to each member of Council not less such notice. An inadvertent failure to give proper notice shall not than 10 days, before the meeting is to take place. A statutory declaration of the President affect the validity of a meeting of the Council. that notice has been given pursuant to this By- law shall be sufficient and conclusive evidence 6.1.7 The President shall act as Chair of the Council meetings. In of the giving of such notice. An inadvertent the absence of the President, one of the Vice-Presidents shall preside failure to give proper notice shall not affect the by vote of Council. In the absence of both the President and Vice- validity of a meeting of the Council. Presidents, members of the Council present at the meeting of Council
shall elect one of their members to act as Chair. 6.1.7 The President shall act as Chair of the Council meetings. In the absence of the President, one of the Vice-Presidents shall preside by vote of Council. In the absence of both the President and Vice- Presidents, members of the Council present at the meeting of Council shall elect one of their members to act as Chair. 6.1.8 Notwithstanding Article 6.1.7, Council may appoint a person
who is not a member of the Council to be the Chair, without 6.1.8 Notwithstanding Article 6.1.7, Council may deliberative or voting privileges, at any or all meetings of the Council appoint a person who is not a member of the until such time as the Council or the Executive Committee decide Council to be the Chair, without deliberative otherwise. or voting privileges, at any or all meetings of
the Council until such time as the Council or
the Executive Committee decide otherwise.
6.1.9 Voting at a Council meeting, unless otherwise specified in the RHPA, Code, ASLPA, or the Regulations or By-laws of the College, 6.1.9 Voting at a Council meeting, unless otherwise shall be by a show of hands or by secret ballot as directed by the Chair specified in the RHPA, Code, ASLPA, or the of the meeting. In the event that a roll call vote of members is Regulations or By-laws of the College, shall be requested, by a show of hands or by secret ballot as directed by the Chair of the meeting. In the the Chair shall require the Registrar to request each member in turn to event that a roll call vote of members is record the member’s vote and the total number of votes for, against, or requested, the Chair shall require the otherwise, will be recorded in the minutes. All recorded votes are 34 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS called as “All in favour”; “Opposed”; “Abstaining”. All matters shall be Registrar to request each member in turn to decided by a majority of votes actually cast. record the member’s vote and the total number of votes for, against, or otherwise, will
be recorded in the minutes. All recorded votes
are called as “All in favour”; “Opposed”;
“Abstaining”. All matters shall be decided by
a majority of votes actually cast.
6.1.10 Except where otherwise specified in the RHPA, Code, ASLPA, or the Regulations or By-laws of the College, 6.1.10 Except where otherwise specified in the every issue to be decided at a Council meeting shall be RHPA, Code, ASLPA, or the Regulations or decided by a simple majority of votes of those voting at By-laws of the College, every issue to be the meeting. decided at a Council meeting shall be decided by a simple majority of votes of those
voting at the meeting. 6.1.11 The President, when acting as Chair of Council,
shall not propose motions. 6.1.11 The President, when acting as Chair of
Council, shall not propose motions. 6.1.12 A motion to reconsider a resolution may be offered by anyone and, like any motion, requires a seconder. Any motion to reconsider a previous resolution 6.1.12 A motion to reconsider a resolution may be requires the support of two-thirds of those members offered by anyone and, like any motion, voting at the meeting. requires a seconder. Any motion to reconsider a previous resolution requires
the support of two-thirds of those members 6.1.13 Minutes of all meetings of Council shall be kept at such voting at the meeting. a place as is designated by the Registrar of the
College. 6.1.13 Minutes of all meetings of Council shall be kept at such a place as is designated by the
Registrar of the College.
6.1.14 A declaration by the Chair of Council that a resolution has been carried and the recording in the minutes of the 6.1.14 A declaration by the Chair of Council that a meeting shall be admissible in evidence as prima facie resolution has been carried and the recording proof of the fact without proof of the number or in the minutes of the meeting shall be proportion of the vote recorded in the favour, against or admissible in evidence as prima facie proof of otherwise in respect of such resolution. the fact without proof of the number or proportion of the vote recorded in the favour,
against or otherwise in respect of such 6.1.15 Meetings shall be held in accordance with the General resolution. Rules for Council meetings adopted by the College. The edition of Bourinot’s Rules of Order in use at the time shall constitute the rules of order of the Council. Where 6.1.15 Meetings shall be held in accordance with the the rules of order are inconsistent with the RHPA, Code, General Rules for Council meetings adopted ASLPA or the Regulations or By-laws of the College, the by the College. The edition of Bourinot’s Rules RHPA, Code, ASLPA or the Regulations or By-laws of of Order in use at the time shall constitute the rules of order of the Council. Where the rules the College will govern. of order are inconsistent with the RHPA, Code, ASLPA or the Regulations or By-laws of the College, the RHPA, Code, ASLPA or the 35 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS Regulations or By-laws of the College will govern.
6.2 Meetings by Electronic Means 6.2 Manner of Meetings. by Electronic Means This is much simpler Any meeting of Council, other than a hearing that must language and allows for 6.2.1 If two-thirds of all members of Council of the be held in person, may be conducted by means of meetings to be planned as teleconference or any other means that permits all College, or of a Committee of Council consent teleconferences without thereto generally or in respect of a particular persons participating in the meeting to communicate with meeting and each has adequate access, the each other simultaneously and instantaneously requiring a 2/3 approval by meeting may be held by means of such (including audio or video conferencing) and persons Council first. conference telephone or other communications participating in the meeting by such means are deemed facilities as permit all persons participating in to be present at the meeting. the meeting to hear each other, and a member of Council or of a Committee participating in 6.2.1 If two-thirds of all members of Council of such a meeting by such means is deemed to the College, or of a Committee of Council be present at the meeting. consent thereto generally or in respect of a particular meeting and each has adequate access, the meeting may be 6.2.2 Provided further that at the outset of each held by means of such conference meeting referred to in Article 6.2.1, the Chair telephone or other communications of the meeting shall call the roll to establish facilities as permit all persons participating quorum as set out in Article 6.1.1, and in the meeting to hear each other, and a whenever votes are required, and unless a member of Council or of a Committee participating in such a meeting by such majority of the Council members present at means is deemed to be present at the such meeting otherwise require, adjourn the meeting. meeting to a predetermined date, time and place whenever not satisfied that the 6.2.2 Provided further that at the outset of each proceedings of the meeting may proceed with meeting referred to in Article 6.2.1, the adequate security and confidentiality. Chair of the meeting shall call the roll to establish quorum as set out in Article 6.1.1, and whenever votes are required, and unless a majority of the Council members present at such meeting otherwise require, adjourn the meeting to a predetermined date, time and place whenever not satisfied that the proceedings of the meeting may proceed with adequate security and confidentiality.
6.3 Access to the Public 6.3 Access to the Public
6.3.1 The meetings of the Council shall be open to 6.3.1 The meetings of the Council shall This clarifies when Council the public, except those portions of meetings be open to the public, except that can go in-camera. held in camera. Council may make a motion to exclude the public from any 36 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS meeting or part of a meeting those portions of meetings held in camerafor the following
reasons in accordance with
section 7 of the Code: (a) matters involving public security may be disclosed;
(b) financial or personal or
other matters
may be disclosed of such a nature that the harm created by the disclosure would outweigh the
desirability of
adhering to the principle that meetings be open to the public;
(c) a person involved in a
criminal
proceeding or civil suit or proceeding may be prejudiced;
(d) personnel matters or
property
acquisitions will be discussed;
(e) instructions will be given to or opinions
received from the
solicitors for the College; or
(f) the Council will deliberate 37 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS whether to exclude the public from a
meeting or
whether to make an order under subsection 7(3) of the Code..
6.3.2 Persons wishing to make 6.3.2 Persons wishing to make submissions on submissions on issues to the issues to the Council are welcome to apply Council are welcome to apply in advance to the President. in advance to the President. The President may effect 6.3.3 The Chair may apply a time limit to any public arrangements to designate These amendments set out submissions or may impose such other and schedule for a deputation clear parameters for terms and conditions on the meeting as may by any person and the Council deputations. be required for the proper conduct of the or any committee may effect business of the meeting. arrangements with the President to designate and schedule for deputation one or more topics relevant to the affairs of the College for any meeting of the Council. No such deputation shall be permitted unless and until approved by the Executive Committee and, unless the Executive Committee permits a participation or deputation having a shorter advance notice requirement, all requests for permission to participate or present at any Council meeting by any Member or person who is not a member of Council shall be provided not less than 30 days prior to the originally scheduled date for a meeting.
6.3.3 Unless the chair otherwise determines, each deputation shall be permitted a maximum of two speakers who, together shall be allowed a maximum 38 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS of ten minutes for each permitted matter, provided that the chair may grant additional time if he or she considers such additional time appropriate for the deputation and/or permit additional speakers.
6.3.4 The chair may accept questions from members of Council arising from the matters upon which the presenter has spoken and the presenter(s) may, with the consent of the Chair, the presenter may respond. Neither the presenter nor members of Council shall engage in debate or in either direct or indirect exchanges with each other or with other persons present except for the purpose of posing or responding to the questions asked as contemplated in the preceding sentence.
6.3.5 Unless determined to be of such a nature as to warrant or require action to be taken on the matter, in respect of which the deputation is made, on an immediate basis, no action shall be taken at the Council meeting at which the deputation is made.
6.3.3 The Chair may apply a time limit to any public submissions or may impose such other terms and conditions on the meeting as may be required for the proper conduct of the business of the meeting.
39 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS 6.4 Meetings of Members 6.4 Meetings of Members Council is not required to hold meetings of members 6.4.1 The Council may, from time to time, at its 6.4.1 The Council may, from time to so these provisions have discretion, convene a meeting of the members time, at its discretion, convene a been removed. of the College, plenary or by profession or by meeting of the members of the class of registration or by electoral district as College, plenary or by profession the case may be. or by class of registration or by electoral district as the case may 6.4.2 Notice of a meeting may be given in writing or be. electronically at the discretion of the Council at least 10 days before the meeting is to take 6.4.2 Notice of a meeting may be given place. The notice shall set out the date, time, in writing or electronically at the place, purpose and agenda of the meeting. discretion of the Council at least 10 days before the meeting is to take place. The notice shall set out the date, time, place, purpose and agenda of the meeting.
7 THE REGISTRAR 7 THE REGISTRAR
7.1 Appointment of Registrar. The Council of the College shall 7.1 Appointment of Registrar. The Council of the appoint a Registrar, following a competitive process, as set College shall appoint a Registrar, following a out in the recruitment policies of the Council. The Council competitive process, as set out in the shall appoint or authorize the Executive Committee to recruitment policies of the Council. The appoint a “Search Committee” composed of members of the Council shall appoint or authorize the Council to oversee the recruitment of the Registrar. The Executive Committee to appoint a “Search Search Committee, on behalf of the Council, may engage Committee” composed of members of the the services of an executive search organization to assist Council to oversee the recruitment of the in the recruitment process. Registrar. The Search Committee, on behalf of the Council, may engage the services of an executive search organization to assist in the recruitment process.
7.2 Registrar’s Duties. The Registrar of the College shall 7.2 Registrar’s Duties. The Registrar of the conduct the affairs of the College, oversee its programs College shall conduct the affairs of the and services and promote the goals and objectives of the College, oversee its programs and services College in accordance with the RHPA, the Code, ASLPA, and promote the goals and objectives of the and the Regulations, By-laws, and policies of the College College in accordance with the RHPA, the and shall perform such other functions as may be assigned Code, ASLPA, and the Regulations, By-laws, to the Registrar from time to time by the Council. and policies of the College and shall perform such other functions as may be assigned to the Registrar from time to time by the Council.
40 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS 8 OFFICERS 8 OFFICERS 8.1 Election of Officers. The elections for 8.1 Election of Officers. The elections for President and the President and the offices of Vice- President shall be offices of Vice- President shall be held in accordance with Article held in accordance with Article 9.5.1. Any member of 9.5.1. Any member of Council shall be eligible for election as an Council shall be eligible for election as an officer. officer. 8.1.1 The Council shall have one 8.1.1 The Council shall have one President and two President and two Vice-Presidents. One Vice-President Vice-Presidents. One Vice-President shall be an audiologist and one shall be an audiologist and one Vice-President shall be a Vice-President shall be a speech-language pathologist. speech-language pathologist.
8.1.2 The terms of office of the officers of Council, 8.1.2 The terms of office of the the President and the Vice-Presidents, shall each be for one year officers of Council, the President and the Vice- and no person shall be elected to the same position for more than Presidents, shall each be for one year and no person three consecutive terms. The President and Vice-Presidents shall shall be elected to the same position for more than assume office immediately upon election. Officers shall hold office three consecutive terms. The President and Vice- until their successors are elected. If an election is delayed for any Presidents shall assume office immediately upon reason, the officers shall continue in office until their successors are election. Officers shall hold office until their elected. successors are elected. If an election is delayed for any reason, the officers shall continue in office until 8.1.3 An officer may be removed from office by a their successors are elected. vote of two-thirds of the members present at a Council meeting and such removal shall take effect immediately upon the passing of 8.1.3 An officer may be removed such resolution or the time specified in such resolution. from office by a vote of two-thirds of the members present at a Council meeting and such removal shall 8.1.4 If the President is removed or the office take effect immediately upon the passing of such becomes vacant, one of the Vice-Presidents shall by vote of Council resolution or the time specified in such resolution. become President for the unexpired term of office. If one of the Vice- Presidents is removed or the office becomes vacant, the Council 8.1.4 If the President is removed or the shall elect a Vice-President from among Council members to hold office becomes vacant, one of the Vice-Presidents shall office for the unexpired term of office. by vote of Council become President for the unexpired term of office. If one of the Vice-Presidents is removed 8.1.5 Any officer of the Council may resign at any or the office becomes vacant, the Council shall elect a time by submitting written notice of such intent to the Council, which Vice-President from among Council members to hold resignation shall be office for the unexpired term of office. effective on the date specified in the resignation if such date is specified or if no such date is specified, on the date it is received. 8.1.5 Any officer of the Council may resign at any time by submitting written notice of such 8.1.6 Members of Council seeking election as an intent to the Council, which resignation shall be officer shall be nominated for such positions. effective on the date specified in the resignation if such date is specified or if no such date is 8.1.7 When more than two members of Council are specified, on the date it is received. nominated for the same position, the nominee who receives the lowest number of votes on each ballot shall be dropped from the subsequent 8.1.6 Members of Council seeking ballot. This procedure shall be followed until one nominee receives a election as an officer shall be nominated for such 41 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS majority of the votes cast. If there is a tie that cannot reasonably be positions. broken by other means, the position shall be filled by lot, using a procedure deemed fair by the candidates involved. 8.1.7 When more than two members of Council are nominated for the same position, the nominee who receives the lowest number of votes on each ballot shall be dropped from the subsequent ballot. This procedure shall be followed until one nominee receives a majority of the votes cast. If there is a tie that cannot reasonably be broken by other means, the position shall be filled by lot, using a procedure deemed fair by the candidates involved.
8.2 Duties of the President. In addition to those duties set out 8.2 Duties of the President. In addition to those elsewhere in the by- laws, the President shall: duties set out elsewhere in the by- laws, the President shall:
8.2.1 When acting as Chair of the Council meetings, make all necessary rulings as to the order of 8.2.1 When acting as Chair of the business, subject to an appeal to the Council Council meetings, make all members present; necessary rulings as to the order 8.2.2 Act as Chair of the Executive Committee of the of business, subject to an appeal College; to the Council members present; 8.2.2 Act as Chair of the Executive 8.2.3 Ensure the integrity of the Council’s processes; Committee of the College;
8.2.3 Ensure the integrity of the Council’s 8.2.4 Represent and speak on behalf of Council, to processes; outside parties; 8.2.4 Represent and speak on behalf of Council, to outside parties;
8.2.5 Ensure that the content of meeting discussions 8.2.5 Ensure that the content of will only consist of those issues which, meeting discussions will only according to Council policy, clearly are within consist of those issues which, the purview of Council and that deliberations according to Council policy, are fair, open, thorough, respectful and clearly are within the purview of democratic; Council and that deliberations are fair, open, thorough, 8.2.6 Delegate aspects of the President’s respectful and democratic; authority, with the exception of those duties specified in Article 6 of this By-law, but shall 8.2.6 Delegate aspects of the remain accountable for its use; and President’s authority, with the exception of those duties specified in Article 6 of this By- law, but shall remain 42 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS accountable for its use; and
8.2.7 Ensure the orientation of newly appointed 8.2.7 Ensure the orientation of Council members and assess the newly appointed Council Council’s development and training members and assess the needs and recommend appropriate Council’s development and actions to the Council. training needs and recommend appropriate actions to the Council.
8.3 Duties of the Vice-Presidents. The Vice-Presidents shall: 8.3 Duties of the Vice-Presidents. The Vice- Presidents shall: 8.3.1 In the absence or inability or unwillingness of the President to act, one of the Vice-Presidents 8.3.1 In the absence or inability or as designated by Council, shall act as unwillingness of the President to President with all the duties and powers of the act, one of the Vice-Presidents as office; designated by Council, shall act as 8.3.2 Serve as a primary support to the President, President with all the duties and assisting the President as required to fulfill powers of the office; the duties of the President; and 8.3.2 Serve as a primary support to 8.3.3 Serve as committee chair of the Audiology the President, assisting the Practice Advisory Committee or the President as required to fulfill Speech-Language Pathology Practice the duties of the President; and Advisory Committee, as applicable.
8.3.3 Serve as committee chair of the Audiology Practice Advisory Committee or the Speech-Language Pathology Practice Advisory Committee, as applicable.
8.4 Vacancies. In the event of the death, disqualification or 8.4 Vacancies. In the event of the death, unwillingness to act of a permanent nature of the President disqualification or unwillingness to act of a or the Vice-Presidents, the Council shall elect Council permanent nature of the President or the Vice- members to fill these vacancies according to the provisions Presidents, the Council shall elect Council of these By- laws for calling a meeting and electing the members to fill these vacancies according to President and the Vice-Presidents. the provisions of these By- laws for calling a meeting and electing the President and the Vice-Presidents.
9 COMMITTEES OF THE COLLEGE 9 COMMITTEES OF THE COLLEGE
43 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS
9.1 Statutory Committees under the RHPA. Pursuant to the 9.1 Statutory Committees under the RHPA. RHPA, the College shall have the following Committees, the Pursuant to the RHPA, the College shall have duties of which are set out in the RHPA, the Regulations and the following Committees, the duties of which these By-laws or as are otherwise assigned by Council from are set out in the RHPA, the Regulations and time to time: these By-laws or as are otherwise assigned by Council from time to time: 9.1.1 Executive Committee; 9.1.1 Executive Committee; 9.1.2 Registration Committee; 9.1.2 Registration Committee; 9.1.3 Inquiries, Complaints and Reports Committee; 9.1.3 Inquiries, Complaints and 9.1.4 Discipline Committee; Reports Committee;
9.1.5 Fitness to Practise Committee; 9.1.4 Discipline Committee;
9.1.6 Quality Assurance Committee; and 9.1.5 Fitness to Practise Committee;
9.1.7 Patient Relations Committee. 9.1.6 Quality Assurance Committee; and
9.1.7 Patient Relations Committee.
9.2 Non-Statutory Committees 9.2 Non-Statutory Committees
9.2.1 In addition to the Statutory Committees, the 9.2.1 In addition to the Statutory College may establish non- statutory Committees, the College may The Audiology Practice Committees, including: the Audiology Practice establish non- statutory Advisory Committee; the Speech-Language Committees, including: the Practice Advisory Committee and the Pathology Practice Advisory Committee; and the Standards Committee the SLP Advisory Committee Finance Committee. Audiology Practice Advisory have been combined into Committee; the Speech-Language one Committee – the 9.2.2 The exercise of any non-statutory power by any Pathology Practice Advisory Practice Standards Committee, unless specifically provided for in the Committee; and the Finance Committee. By-laws of the College, is always subject to the Committee. approval of Council. 9.2.2 The exercise of any non-statutory power by any Committee, unless specifically provided for in the By-laws of the College, is always subject to the approval of Council.
Appointment of Special Committees. The Council may, from 9.3 Appointment of Special Committees, Task time to time, appoint such special Committees, task forces Forces and Working Groups. The Council and working groups as it deems appropriate or necessary may, from time to time, appoint such special
44 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS for the attainment of the objects of the College and the Committees, task forces and working groups This sets out that efficient conduct of its affairs. Every special Committee, as it deems appropriate or necessary for the committees and other task force or working group shall have specified terms of attainment of the objects of the College and working groups can be reference. the efficient conduct of its affairs. Every special Committee, task force or working recommended by Executive group shall have specified terms of reference but must be approved by which must be approved by Council on the Council. recommendation of the Executive Committee..
9.4 Reporting of Committees. All Committees shall report to 9.4 Reporting of Committees, Task Forces and Council. Working Groups. All Committees, task forces and working groups shall report to Council.
9.5 Appointments to Statutory and Non-Statutory 9.5 Appointments to Statutory and Non- Committees Statutory Committees
9.5.1 At its June meeting each year, or as soon 9.5.1 At its June meeting each year, or afterwards as is reasonably possible, the as soon afterwards as is Council shall elect the members of the reasonably possible, the Council Executive Committee, starting with the shall elect the members of the President. Once the President has been Executive Committee, starting with elected, the Council shall elect its two Vice- the President. Once the President Presidents, followed by its other Executive has been elected, the Council Committee members. Council members may shall elect its two Vice-Presidents, nominate themselves or propose candidates for followed by its other Executive membership. In the event there are more Committee members. Council nominees than positions available in members may nominate accordance with the composition of the themselves or propose candidates Executive Committee, an election shall be held for membership. In the event for such positions by secret ballot. Members of there are more nominees than the Executive Committee shall hold office until positions available in accordance their successors are elected. If an election is with the composition of the delayed for any reason, the members of the Executive Committee, an election Executive Committee shall continue in office shall be held for such positions by until their successors are elected. secret ballot. Members of the Executive Committee shall hold office until their successors are 9.5.2 The Executive Committee shall recommend to elected. If an election is delayed Council, appointments to Committees as soon for any reason, the members of the Executive Committee shall as possible after the June Council meeting or, in the event of a vacancy, at the time such vacancy continue in office until their occurs,. successors are elected.
9.5.2 The Executive Committee shall recommend to Council, appointments to Committees as 45 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS soon as possible after the June
Council meeting or, in the event of a vacancy, at the time such vacancy occurs,.
9.5.3 The term of office of a Committee 9.5.3 The term of office of a member appointed under Article 9.5.2 is for one Committee member appointed year, which may be renewed. No Council under Article 9.5.2 is for one year, member may be a member of the same which may be renewed. No Committee for more than six consecutive terms. Council member may be a
member of the same Committee 9.5.3.1 Despite Articles 9.5.2 and 9.5.3, if an appointment is delayed for any reason, the for more than six consecutive members of the Committee shall continue in terms. office until their successors are appointed by either the Executive 9.5.3.1 Despite Articles 9.5.2 and Committee or the Council. 9.5.3, if an appointment is delayed for any reason, the members of
the Committee shall continue in office until their successors are appointed by either the Executive Committee or the Council.
9.5.3.2 Time spent as a member of This will ensure that if an a Committee as a result of an individual serves for less
appointment to fill a vacancy than one year to fill a whether as a result of an vacancy it does not count appointment by the Executive towards the total amount of Committee or Council shall not be time that individual is included for the purposes of section permitted to serve on that 9.5.3. committee.
9.5.4 The Council shall disqualify a Council 9.5.4 The Council shall disqualify a member appointed to a Committee from Council member appointed to a Committee sitting on the Committee if the member: from sitting on the Committee if the member:
9.5.4.1 Is found to have committed an 9.5.4.1 Is found to have act of professional misconduct committed an act or is found to be incompetent of professional by a panel of the Discipline misconduct or is Committee; found to be
incompetent by a 9.5.4.2 Is found to be incapacitated by panel of the a panel of the Fitness to Practise Committee; Discipline
46 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS 9.5.4.3 Fails, without reasonable Committee; cause, in the opinion of two- thirds of the members of 9.5.4.2 Is found to be Council, to attend two incapacitated by a panel of the consecutive meetings of the Fitness to Practise Committee; Committee;
9.5.4.4 Fails, without reasonable 9.5.4.3 Fails, without cause, in the opinion of two- reasonable thirds of the members of cause, in the Council, to attend a hearing or opinion of two- review of a panel for which the thirds of the member has been selected; members of Council, to 9.5.4.5 Is in default of payment of attend two any prescribed fees or of consecutive providing any required meetings of the information to the College for Committee; a period of more than 30 days; 9.5.4.4 Fails, without reasonable 9.5.4.6 Is found guilty of a criminal cause, in the
offence which, in the opinion of opinion of two- thirds of the Council, is of such a nature that members of warrants disqualification; Council, to attend a hearing or 9.5.4.7 In the case of a member of the review of a panel College, neither practises nor for which the resides in Ontario; member has been selected; 9.5.4.8 In the case of a member of the College, ceases to hold a 9.5.4.5 Is in default of certificate of registration; payment of any prescribed fees 9.5.4.9 Becomes a member of a or of providing any required council of any other college regulated under the RHPA; information to the College for a period of 9.5.4.10 In the case of a member of the more than 30 college, holds a certificate of days; registration that becomes subject to a term, condition 9.5.4.6 Is found guilty of a or limitation other than one criminal offence prescribed by Regulation; which, in the 47 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS opinion of Council, 9.5.4.11 Fails, in the opinion of two thirds of is of such a nature the members of that warrants Council, to discharge properly disqualification; and honestly his or her duties as a committee member 9.5.4.7 In the case of a including for a material Mmember of the College, neither breach of the Code of practises nor Conduct; or resides in Ontario;
9.5.4.12 Dies. 9.5.4.8 In the case of a mMember of the College, ceases to hold a certificate of
registration;
9.5.4.9 Becomes a
member of a council of any other college regulated
under the RHPA;
9.5.4.10 Holds any This mirrors the eligibility position such as requirements for Council director, owner, members.
board member, officer or
employee with a
Professional Association;
9.5.4.10 In the case of a
mMember of the college, holds a
certificate of
registration that becomes subject to a term, condition or limitation other than 48 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS one prescribed by Regulation;
9.5.4.11 Fails, in the opinion of two thirds of the members of
Council, to
discharge properly and honestly his or her duties as a committee
member
including for a material breach of the Code of Conduct; or
9.5.4.12 Resigns from CouncilDies.
9.5.5 A member who is disqualified under Article 9.5.5 A member who is disqualified under 9.5.4 from sitting on a Committee ceases to be a member of Article 9.5.4 from sitting on a Committee ceases the Committee. to be a member of the Committee.
9.5.6 The term of office of a person who is appointed 9.5.6 The term of office of a person as a successor under Article 9.5.7 expires who is appointed as a successor when the term of office of the person being under Article 9.5.7 expires when replaced would have expired. the term of office of the person being replaced would have 9.5.7 Any vacancies occurring in the membership of expired. a Committee shall be filled by members appointed by the Council as soon as possible. 9.5.7 Any vacancies occurring in the membership of a Committee shall be filled by members appointed by the Council as
soon as possible. 9.5.8 Notwithstanding the above provisions that permit the removal from a committee of a 9.5.8 Notwithstanding the above Council member in specific circumstances, provisions that permit the Council may at any time also removea removal from a committee of a 49 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS Council member of a committee to facilitate Council member in specific the effective and fair operation of the College. circumstances, Council may at any time also remove a Council member of a committee to facilitate the effective and fair operation of the College.
9.6 Appointment of Non-Council Members to Committees of 9.6 Appointment of Non-Council Members to the College Committees of the College
9.6.1 This Article applies with respect to the members 9.6.1 This Article applies with respect to appointed to a the members appointed to a Committee of the
Committee of the College who are not members College who are not members of the
of the Council. Council.
9.6.2 The term of office of a Committee member is 9.6.2 The term of office of a one year. No non- Council member may be a Committee member is one year. member of the same Committee for more than No non- Council member may six consecutive terms. be a member of the same Committee for more than six
consecutive terms.
9.6.2.1 Time spent as member of a This will ensure that if an Committee as a result of an individual serves for less appointment to fill a vacancy than one year to fill a whether as a result of the vacancy it does not count appointment by the Executive towards the total amount of Committee or Council shall not
be included for the purposes of time that individual is section 9.6.2. permitted to serve on that committee. 9.6.3 A member is eligible for appointment to a 9.6.3 A member is eligible for Committee if, on the date of appointment: appointment to a Committee if, on the date of appointment: 9.6.3.1 The member is practicing or
resident in Ontario; 9.6.3.1 tThe mMember is practicing or resident in Ontario; 9.6.3.2 The member is not in default of payment of any prescribed fees 9.6.3.2 tThe Mmember is not in default or providing any required of payment of any prescribed information to the College; fees or providing any required information to the College;
9.6.3.3 the Member is not currently and This mirrors the eligibility has not been for the previous requirements for Council. 50 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS year an employee of the College;
9.6.3.3 The member is not the subject of any disciplinary or 9.6.3.43 tThe mMember is not the This mirrors the eligibility incapacity proceedings; subject of disciplinary, requirements for Council. incompetency or incapacity 9.6.3.4 The member has not been proceeding in any found to have committed an act jurisdictionany disciplinary of professional misconduct or or incapacity proceedings; to be incompetent in any discipline proceeding in the six 9.6.3.54 tThe Mmember has not been the This mirrors the eligibility years preceding the date of the subject of any professional requirements for Council. appointment; misconduct, incompetence or incapacity finding in the preceding six years found to have committed an act of professional misconduct or to be incompetent in any discipline proceeding in the six years preceding the date of the appointment;
9.6.3.5 The member’s certificate of registration has not been 9.6.3.65 Tthe Mmember’s certificate revoked or suspended in the of registration has not been six years preceding the date revoked or suspended in the of the appointment for any six years preceding the date of reason other than the non- the appointment for any reason payment of fees; other than the non-payment of fees; 9.6.3.6 The member’s certificate of registration is not subject to a 9.6.3.76 tThe mMember’s certificate of term, condition or limitation other registration is not subject to a term, than one prescribed by condition or limitation other than regulation; one prescribed by regulation;
9.6.3.7 The member is not a member of 9.6.3.87 the Member has not been required the council of any other RHPA College; and to appear before a panel of the This mirrors the eligibility Inquiries, Complaints and Reports requirements for Council. 9.6.3.8 The member does not have a Committee to be cautioned in the preceding three years; conflict of interest in respect of the Committee to which the member is to be appointed. 9.6.3.9 the Member has not been required This mirrors the eligibility by a panel of the Inquiries, requirements for Council. Complaints and Reports Committee to complete a specified continuing education or remediation program in the preceding three years; The member is not a member of the council 51 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS of any other RHPA college; and
9.6.3.10 a period of six
years has elapsed since This mirrors the eligibility the Member complied with requirements for Council. all aspects of an order imposed by the Discipline or Fitness to Practice Committee;
9.6.3.11 the Member This mirrors the eligibility has not been disqualified requirements for Council. from Council or a Committee within the preceding three years;
9.6.3.12 the Member has agreed to resign and does, before taking office, any position such as This mirrors the eligibility director, owner, board member, requirements for Council. officer or employee that the Member holds with a Professional Association;
9.6.3.13 the member is not a Member of the council of any other RHPA college;
9.6.3.148 The member does not have a conflict of interest in respect of
the Committee to which the member is to be appointed.
9.6.4 The Council shall disqualify a non-Council member 9.6.4 The Council may removeshall disqualify appointed to a a non-Council member appointed to a Disqualification provisions Committee from sitting on the Committee if the Committee from sitting on the are not required as member, Committee at any time, at its discretion, Committee members serve to facilitate the effective and fair at the pleasure of Council. 9.6.4.1 Is found to have committed an operation of the College.if the member, They can be removed at any act of professional misconduct or is found to be incompetent time. 9.6.4.1 Is found to have by a panel of the Discipline committed an act Committee; of professional misconduct or is 9.6.4.2 Is found to be incapacitated by a found to be 52 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS panel of the Fitness to Practice Committee; incompetent by a panel of the Discipline 9.6.4.3 Fails, without reasonable Committee; cause in the opinion of two- 9.6.4.2 Is found to be thirds of the members of incapacitated by a panel of the Council, to attend two Fitness to Practise Committee; consecutive meetings of the Council; 9.6.4.3 Fails, without reasonable 9.6.4.4 Fails, without reasonable cause in the cause in the opinion of two- thirds of the members of opinion of two- Council, to attend two thirds of the consecutive meetings of the members of Committee; Council, to attend two 9.6.4.5 Fails, without reasonable consecutive cause in the opinion of two- meetings of thirds of the members of Council, to attend a hearing or the Council; review of a panel to which the member has been selected; 9.6.4.4 Fails, without reasonable cause in the 9.6.4.6 Holds a certificate of registration opinion of two- that becomes subject to a term, thirds of the condition or limitation, other than members of a term, Council, to condition or limitation that is attend two prescribed by regulation; consecutive meetings of
the Committee; 9.6.4.7 Ceases to hold a certificate of registration as a member; 9.6.4.5 Fails, without
reasonable cause 9.6.4.8 Is in default of any prescribed in the opinion of fee for a period of more than two- thirds of the 30 days; members of Council, to attend 9.6.4.9 Becomes a member of a a hearing or council of any other college review of a panel regulated under the RHPA; to which the member has 9.6.4.10 Is found guilty of a criminal been selected; offence which, in the opinion of 53 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS Council, is of such a nature that 9.6.4.6 Holds a certificate warrants disqualification; of registration that becomes subject to 9.6.4.11 Fails, in the opinion of two thirds of the members of Council, to a term, condition or discharge properly or honestly any limitation, other office to which he or she has been than a term, appointed including for a material condition or breach of the Code of Conduct; limitation that is prescribed by
9.6.4.12 Neither practises nor resides in regulation; Ontario; or 9.6.4.7 Ceases to hold a 9.6.4.13 Dies. certificate of registration as a member;
9.6.4.8 Is in default of any prescribed fee for a period of more than 30 days;
9.6.4.9 Becomes a member of a council of any
other college
regulated under the RHPA;
9.6.4.10 Is found guilty of a criminal offence which, in the opinion of Council, is of such a nature that warrants disqualification;
9.6.4.11 Fails, in the opinion of two thirds of the members of Council, to discharge properly or honestly any office to which he or she has been appointed 54 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS including for a material breach of the Code of Conduct;
9.6.4.12 Neither practises nor resides in Ontario; or
9.6.4.13 Dies. 9.6.5 A member who is disqualified under Article 9.6.4 from sitting on a 9.6.5 A member who is disqualified Committee ceases to be a member of the under Article 9.6.4 from sitting on a Committee. Committee ceases to be a member of the Committee. 9.6.6 Notwithstanding the above provisions that permit the removal of a Non-council 9.6.6 Notwithstanding the above Committee member in specific circumstances, provisions that permit the removal of a Council may at any time also remove a Non- Non-council Committee member in Council member of a committee to facilitate specific circumstances, Council may at the effective and fair operation of the College. any time also remove a Non-Council member of a committee to facilitate the
effective and fair operation of the College. 9.6.7 The term of office of a person who is appointed
as a successor under Article 9.6.5 expires when the term of office of the person being 9.6.57 The term of office of a person replaced would have expired. who is appointed as a successor to a Committee member removed under Article 9.6.45 expires when 9.6.8 Any vacancies occurring in the membership of the term of office of the person a Committee shall be filled by members being replaced would have appointed by the Council as soon as possible. expired.
9.6.68 Any vacancies occurring in the membership of a Committee shall be filled by members appointed by the Council as soon as possible.
10 COMPOSITION AND DUTIES OF STATUTORY AND NON- 10 COMPOSITION AND DUTIES OF STATUTORY For all committees the STATUTORY COMMITTEES AND NON-STATUTORY COMMITTEES requirement to submit an annual report has been STATUTORY COMMITTEES STATUTORY COMMITTEES removed. 10.1 Executive Committee 55 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS 10. Executive Committee 10.1.1 The Executive Committee shall be composed of six members of Council as follows: two 10.1.1 The Executive Committee shall audiologists, two speech-language be composed of six members of pathologists, and two Public Members, which Council as follows: two must include the President, the Vice-President audiologists, two speech- of Audiology, and the Vice-President of language pathologists, and two Speech-Language Pathology. Public Members, which must include the President, the Vice- 10.1.2 The President of the Council shall be the Chair of President of Audiology, and the the Executive Vice-President of Speech- Committee. Language Pathology.
10.1.2 The President of the Council shall be the Chair of the Executive Committee.
10.2 Duties of the Executive Committee. The Executive 10.2 Duties of the Executive Committee. The Committee shall: Executive Committee shall:
10.2.1 Perform such functions as are assigned to it in 10.2.1 Perform such functions as are the RHPA, the Code and ASLPA and the assigned to it in the RHPA, the Regulations under those Acts, and the By-laws Code and ASLPA and the and policies of the College and co-ordinate the Regulations under those Acts, work of Council and assist in its decision- and the By-laws and policies of making by reviewing and providing comments the College and co-ordinate the to Council on all recommendations and work of Council and assist in its proposals from Committees; decision-making by reviewing and providing comments to 10.2.2 Recommend the appointment of the Registrar Council on all recommendations of the College to Council and conduct regular and proposals from Committees; performance and compensation reviews of the Registrar; 10.2.2 Recommend the appointment of the Registrar of the College to 10.2.3 Manage and direct the affairs of the Council of Council and conduct regular the College in accordance with the RHPA, the performance and compensation Code, ASLPA, and the Regulations under reviews of the Registrar; those Acts and the By-laws and policies of the College, with respect to any matter that has 10.2.3 Manage and direct the affairs of been delegated to it by the Council or which, in the Council of the College in the Committee’s opinion, requires immediate accordance with the RHPA, the attention other than the power to revoke, Code, ASLPA, and the amend or pass by-laws and such other powers Regulations under those Acts and as are specifically reserved to the Council in the By-laws and policies of the the RHPA, this By-law or any other By-law of College, with respect to any the College; matter that has been delegated to it by the Council or which, in the 56 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS 10.2.4 Recommend to Council members of statutory Committee’s opinion, requires and non-statutory immediate attention other than Committees in accordance with Article 9.5.2 of the power to revoke, amend or this By-law; pass by-laws and such other powers as are specifically
reserved to the Council in the 10.2.5 Recommend to Council proposals for changes RHPA, this By-law or any other to relevant legislation, including regulations, By-law of the College; and the College’s By-laws; and
10.2.4 Recommend to Council members 10.2.6 Submit an annual report to the Council in of statutory and non- statutory Committees in accordance with the Code. accordance with Article 9.5.2 of this By-law; and
10.2.5 Recommend to Council proposals for changes to relevant legislation, including regulations, and the College’s By-laws.; and
10.2.6 Submit an annual report to the Council in accordance with the Code.
10.3 Registration Committee 10.3 Registration Committee
10.3.1 The Registration Committee shall be composed 10.3.1 The Registration Committee shall of at least six members as follows: at least two be composed of at least six members of the Council who are members of members as follows: at least two the College, one of whom shall be an members of the Council who are audiologist, one of whom shall be a speech- members of the College, one of language pathologist, at least one member of whom shall be an audiologist, one the Council who is an academic member of the of whom shall be a speech- College, at least two Public Members, and at language pathologist, at least one least one non-Council member. member of the Council who is an academic member of the College, 10.3.2 At least two members of the Registration at least two Public Members, and at least one non-Council member. Committee shall be audiologists, and at least two members shall be speech- 10.3.2 At least two members of the language pathologists. Registration Committee shall be audiologists, and at least two members shall be speech-language pathologists. 57 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS
10.4 Duties of the Registration Committee. The 10.4 Duties of the Registration Committee. Registration Committee shall: The Registration Committee shall:
10.4.1 Perform such functions as are assigned to it 10.4.1 Perform such functions as are in the RHPA, the Code, ASLPA, and the assigned to it in the RHPA, the Regulations under those Acts, and the By- Code, ASLPA, and the laws and policies of the College. These Regulations under those Acts, include advising Council and making and the By-laws and policies of recommendations on matters relating to entry the College. These include to practice standards, registration regulations, advising Council and making and related matters and performing such recommendations on matters other tasks and research as directed by relating to entry to practice Council to aid Council decision-making; standards, registration regulations, and related matters 10.4.2 Recommend to Council proposals for changes to and performing such other tasks relevant legislation, including regulations, and and research as directed by the College’s By-Laws as well as programs to Council to aid Council decision- support the registration process; and making; and
10.4.3 Submit an annual report to the Council in 10.4.2 Recommend to Council proposals accordance with the Code. for changes to relevant legislation, The report will include information on including regulations, and the College’s By-Laws as well as adherence to policies and procedures, programs to support the numbers of decisions successfully appealed, registration process.; and and timely provision of decisions and documentation. 10.4.3 Submit an annual report to the Council in accordance with the Code. The report will include information on adherence to policies and procedures, numbers of decisions successfully appealed, and timely provision of decisions and documentation.
10.5 Inquiries, Complaints and Reports Committee 10.5 Inquiries, Complaints and Reports Committee 10.5.1 The Inquiries, Complaints and Reports Committee shall be composed of at least nine 10.5.1 The Inquiries, Complaints and members as follows: Reports Committee shall be composed of at least nine
members as follows:
10.5.1.1 at least three audiologists, one of whom is a member of the 58 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS Council and the College, 10.5.1.1 at least three 10.5.1.2 at least three speech-language audiologists, one of whom is a pathologists one of whom is a member of the member of the Council and the Council and the College, College,
10.5.1.3 at least two Public Members; and, 10.5.1.2 at least three speech-language 10.5.1.4 at least one non-Council member. pathologists one of
whom is a member of the Council and the College,
10.5.1.3 at least two Public Members; and,
10.5.1.4 at least one non- Council member.
10.6 Duties of the Inquiries, Complaints and Reports 10.6 Duties of the Inquiries, Complaints and Committee. The Inquiries, Complaints and Reports Reports Committee. The Inquiries, Committee shall: Complaints and Reports Committee shall:
10.6.1 Perform such functions as are assigned to it 10.6.1 Perform such functions as are in the RHPA, the Code, ASLPA, and the assigned to it in the RHPA, the Regulations under those Acts, and the By- Code, ASLPA, and the laws and policies of the College. These Regulations under those Acts, include providing a fair review of all and the By-laws and policies of complaints and reports received in the College. These include accordance with the Code, providing a fair review of all 10.6.2 Recommend to Council proposals for changes complaints and reports received to relevant legislation, including regulations, in accordance with the Code; and the By-laws of the College, as well as and, programs to support the complaints and 10.6.2 Recommend to Council reports processes; and proposals for changes to relevant legislation, including 10.6.3 Submit an annual report to the Council in regulations, and the By-laws of accordance with the Code. the College, as well as programs The report will include information on to support the complaints and reports processes.; and numbers of decisions successfully
appealed, adherence to policies and 10.6.3 Submit an annual report to the 59 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS procedures, and Council in accordance with the Code. The timely provision of decisions and documentation. report will include information on numbers of decisions successfully appealed,
adherence to policies and procedures,
and timely provision of decisions and documentation.
10.7 Discipline Committee 10.7 Discipline Committee
10.7.1 The Discipline Committee shall be 10.7.1 The Discipline Committee shall composed of at least eight members as be composed of at least eight follows: at least two members of the Council members as follows: at least who are members of the College, at least two members of the Council three Public Members and at least one non- who are members of the Council member. College, at least three Public Members and at least one non- 10.7.2 At least two members shall be audiologists and Council member. at least two members shall be speech- language pathologists. 10.7.2 At least two members shall be audiologists and at least two members shall be speech- language pathologists.
10.8 Duties of the Discipline Committee. The Discipline 10.8 Duties of the Discipline Committee. The Committee shall: Discipline Committee shall:
10.8.1 Perform such functions as are assigned to it in 10.8.1 Perform such functions as are the RHPA, the Code, ASLPA, and the assigned to it in the RHPA, the Regulations under those Acts, and the By-laws Code, ASLPA, and the and policies of the College. These include Regulations under those Acts, and providing a fair process for hearings in cases of the By-laws and policies of the alleged professional misconduct or College. These include providing incompetence in accordance with the Code a fair process for hearings in cases of alleged professional 10.8.2 Recommend to Council proposals for misconduct or incompetence in changes to the legislation, including accordance with the Code; and regulations to applicable statutes, and by- laws, as well as programs to support the 10.8.2 Recommend to Council discipline process; and proposals for changes to the legislation, including 10.8.3 Submit an annual report to the Council in regulations to applicable accordance with the Code. The report will statutes, and by-laws, as well include information on development of, as programs to support the and adherence to, policies and discipline process.; and procedures, numbers of decisions successfully appealed and timely provision of 10.8.3 Submit an annual report to the 60 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS decisions and documentation. Council in accordance with the Code. The report will include information on development of, and adherence to, policies and procedures, numbers of decisions successfully appealed and timely provision of decisions and documentation.
10.9 Fitness to Practise Committee 10.9 Fitness to Practise Committee
10.9.1 The Fitness to Practise Committee shall be 10.9.1 The Fitness to Practise Committee composed of at least four members as follows: shall be composed of at least four one member of the Council who is a member of members as follows: one member the College, two Public Members, and one non- of the Council who is a member of Council member. the College, two Public Members, and one non-Council member. 10.9.2 At least one member shall be an audiologist and at least one member shall be a speech- 10.9.2 At least one member shall be an language pathologist. audiologist and at least one member shall be a speech- language pathologist.
10.10 Duties of the Fitness to Practise Committee. The Fitness to 10.10 Duties of the Fitness to Practise Committee. Practise The Fitness to Practise Committee shall: Committee shall:
10.10.1 Perform such functions as are 10.10.1 Perform such functions as are assigned to it in the RHPA, the assigned to it in the RHPA, the Code, Code, ASLPA, and the ASLPA, and the Regulations under those Regulations under those Acts, Acts, and the By-laws and policies of the and the By-laws and policies of College. These include providing a fair the College. These include review of all matters regarding the alleged providing a fair review of all incapacity of members in accordance with matters regarding the alleged the Code, and all; incapacity of members in accordance with the Code, and 10.10.2 Recommend to Council proposals for all; changes to the legislation, including
regulations, and the By-laws of the 10.10.2 Recommend to Council College, as well as programs to support proposals for changes to the work of the Committee; and the legislation, including regulations, and the By- 10.10.3 Submit an annual report to the Council in laws of the College, as well accordance with the Code. The report will as programs to support the include information on the development of, work of the Committee; and 61 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS and adherence to, policies and procedures, numbers of decisions successfully appealed, and timely provision of 10.10.3 Submit an annual report to the decisions and documentation. Council in accordance with the Code. The report will include information on the development of, and adherence to, policies and procedures, numbers of decisions successfully appealed, and timely provision of decisions and documentation.
10.11 Quality Assurance Committee 10.11 Quality Assurance Committee
10.11.1 The Quality Assurance Committee shall be 10.11.1 The Quality Assurance Committee composed of at least six members as follows: at shall be composed of at least six least two members of the Council who are members as follows: at least two members of the College, one of whom shall be members of the Council who are an audiologist and one of whom shall be a members of the College, one of speech-language pathologist, at least two whom shall be an audiologist and Public Members, and at least one non-Council one of whom shall be a speech- member. language pathologist, at least two Public Members, and at least one 10.11.2 At least two members shall be audiologists and non-Council member. at least two members shall be speech- language pathologists. 10.11.2 At least two members shall be audiologists and at least two members shall be speech- language pathologists.
10.12 Duties of the Quality Assurance Committee. The Quality 10.12 Duties of the Quality Assurance Committee. Assurance Committee shall: The Quality Assurance Committee shall:
10.12.1 Perform such functions as are assigned to it 10.12.1 Perform such functions as are in the RHPA, the Code, ASLPA, and the assigned to it in the RHPA, the Regulations under those Acts, and the By- Code, ASLPA, and the laws and policies of the College. These Regulations under those Acts, include identifying quality measures which and the By-laws and policies of promote continuing competence and the College. These include continuing quality improvement among identifying quality measures members; which promote continuing competence and continuing 10.12.2 Recommend to Council proposals for changes quality improvement among to relevant legislation, including regulations, members; and and the By-laws of the College, as well as programs to support the quality assurance 10.12.2 Recommend to Council process; and proposals for changes to relevant legislation, including regulations, and the By-laws of 62 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS 10.12.3 Submit an annual report to the Council in the College, as well as programs accordance with the Code, including to support the quality assurance information on the development of standards process.; and regarding practice and ethics and related program proposals. 10.12.3 Submit an annual report to the Council in accordance with the Code, including information on the development of standards regarding practice and ethics and related program proposals.
10.13 Patient Relations Committee 10.13 Patient Relations Committee
10.13.1 The Patient Relations Committee shall be 10.13.1 The Patient Relations Committee composed of at least six members as follows: at shall be composed of at least six least two members of the Council who are members as follows: at least two members of the College, one of whom shall be members of the Council who are an audiologist and one of whom shall be a members of the College, one of speech-language pathologist, at least two whom shall be an audiologist and Public Members, and at least one non-Council one of whom shall be a speech- member. language pathologist, at least two Public Members, and at least one 10.13.2 At least two members shall be audiologists and non-Council member. at least two members shall be speech- language pathologists. 10.13.2 At least two members shall be audiologists and at least two members
shall be speech-language pathologists.
10.14 Duties of the Patient Relations Committee. The Patient 10.14 Duties of the Patient Relations Committee. Relations Committee shall: The Patient Relations Committee shall:
10.14.1 Perform such functions as are assigned to it 10.14.1 Perform such functions as are in the RHPA, the Code, ASLPA, and the assigned to it in the RHPA, the Regulations under those Acts, and the By- Code, ASLPA, and the laws and policies of the College, which Regulations under those Acts, include developing a patient relations and the By-laws and policies of program, including measures for preventing the College, which include and dealing with sexual abuse of developing a patient relations patients/clients and the administration of program, including measures for funds for therapy and counseling of preventing and dealing with patients/clients who were sexually abused by sexual abuse of patients/clients members; and the administration of funds for therapy and counseling of 10.14.2 Establish a Patient Relations Program to patients/clients who were sexually abused by members; include the above statutory elements;
63 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS 10.14.3 Make recommendations to Council for any 10.14.2 Establish a Patient Relations budgetary allocations for the above; Program to include the above statutory elements; 10.14.4 Recommend to Council proposals for changes
to relevant legislation, including regulations, 10.14.3 Make recommendations to and the By-laws of the College, as well as Council for any budgetary programs which may support the work of the allocations for the above; committee;
10.14.4 Recommend to Council 10.14.5 Submit an annual report to the Council in proposals for changes to accordance with the Code. relevant legislation, including The report will include a description regulations, and the By-laws of of the program, and any application the College, as well as programs of funds for abused clients; and which may support the work of the committee; and 10.14.6 The Committee shall recommend to Council any proposals for Public 10.14.5 Submit an annual report to the Awareness/Government Relations initiatives. Council in accordance with the Code. The report will include a description of the program, and any application of
funds for abused clients; and
10.14.6 The Committee shall recommend to Council any proposals for Public Awareness/Government Relations initiatives. NON-STATUTORY COMMITTEES NON-STATUTORY COMMITTEES
10.15 Finance Committee 10.15 Finance Committee
10.15.1 The Finance Committee shall be composed of at 10.15.1 The Finance Committee shall be least five members as follows: at least two members composed of at least five members as of the Council who are members of the College, one follows: at least two members of the of whom shall be an audiologist and one of whom Council who are members of the College, shall be a speech-language pathologist, and at least one of whom shall be an audiologist and two Public Members, and at least one non-Council one of whom shall be a speech-language member. pathologist, and at least two Public Members, and at least one non-Council
member.
10.16 Duties of the Finance Committee. The Finance Committee 10.16 Duties of the Finance Committee. The Finance shall: Committee shall:
10.16.1 Review and evaluate the critical risks and 10.16.1 Review and evaluate the critical uncertainties as determined by management risks and uncertainties as that may affect the College including but not determined by management that limited may affect the College including 64 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS to insurance protection, environmental but not limited to insurance risk, political factors, treasury/credit and protection, environmental risk, other areas as determined from time-to- political factors, treasury/credit and other areas as determined time; from time-to-time;
10.16.2 Maintain a relationship with the Auditor by: 10.16.2 Maintain a relationship with the reviewing the engagement letter, the projected Auditor by: reviewing the audit fee and the scope of the audit; and engagement letter, the projected audit annually recommending the appointment of the fee and the scope of the audit; Auditor; and annually recommending the 10.16.3 Review and make recommendations as appointment of the Auditor; appropriate on: the annual Business Plan and 10.16.3 Review and make Budget for approval by Council; the financial recommendations as appropriate implications of any significant changes to on: the annual bBusiness pPlan approved budgets and other major and bBudget for approval by undertakings or projects; and the banking and Council; the financial implications other financing arrangements of the College; of any significant changes to approved budgets and other 10.16.4 Review and consider any matters relating to major undertakings or projects; the adequacy of internal controls and any and the banking and other other reports on significant control deviations financing arrangements of the or indications of fraud and the corrective College; action undertaken with regard thereto; 10.16.4 Review and consider any 10.16.5 Submit an annual report to the Council; matters relating to the adequacy and of internal controls and any other reports on significant control 10.16.6 Ensure there are adequate systems and deviations or indications of fraud practices in place to provide reasonable and the corrective action assurance of compliance with laws, regulations undertaken with regard thereto; and standards of ethical conduct, with respect and to the financial affairs of the College, and review and update such systems and practices 10.16.5 Submit an annual report to the as required. Council; and
10.16.6 Ensure there are adequate systems and practices in place to provide reasonable assurance of compliance with laws, regulations and standards of ethical conduct, with respect to the financial affairs of the College, and review and update such systems and practices as required.
65 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS 10.17 Audiology Practice Advisory Committee. The Audiology 10.17 Audiology Practice StandardsAdvisory This reflects the combining Practice Advisory Committee shall be composed of at least Committee. The Audiology Practice of the two committees. six members as follows: at least two members of the Council StandardsAdvisory Committee shall be who are audiologists including the Vice-President of composed of at least 11six members as Audiology who shall be the Chair of the Committee, at least follows: at least two members of the Council two Public Members, at least two non-Council members who who are audiologists including the Vice- shall be audiologists and up to one Council or non-Council President of Audiology and the Vice-President member who is a speech-language pathologist. of Speech-Language Pathologists who shall be the Co-Chairs of the Committee, one academic member who is an audiologist, one academic member who is a speech-language pathologist, at least one elected member who is an audiologist, at least two elected members who are speech-language pathologists, at least two Public Members, at least two non-Council members one of whom isshall be an audiologist and one of whom s and up to one Council or non-Council member who is a speech-language pathologist.
10.18 Duties of the Audiology Practice Advisory Committee. The 10.18 Duties of the Audiology Practice Standards Council should consider the Audiology Advisory Committee. The Audiology Practice proposed change in duties Practice Advisory Committee shall: StandardsAdvisory Committee shall: for the combined committees. 10.18.1 Provide advice to Council on matters 10.18.1 Provide advice to Council on affecting audiologists and the practice of matters affecting audiologists, audiology; speech-language pathologists and the practices of audiology 10.18.2 At the request of Council and in a format speech-language pathology; approved by Council, monitor and develop recommendations for College regulations, 10.18.2 At the request of Council and bylaws, practice standards and guidelines in a format approved by and position statements Council, monitor and develop that relate to audiologists with respect to: recommendations for College clinical matters; professional practice issues; regulations, bylaws, practice ethical business practice issues; and standards and guidelines and interdisciplinary position statements issues; that relate to audiologists and speech-language pathologists with respect to: clinical matters and; professional practice issues; ethical business practice issues; and interdisciplinary
issues;
66 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS 10.18.3 Develop policies and positions for consideration 10.18.3 Develop policies and positions for of Council on external matters such as consideration of Council on provincial legislation that may impact on the external matters such as practice of audiology; provincial legislation that may impact on the practice of 10.18.4 As part of the strategic planning process, audiology; undertake an annual review of issues and matters affecting audiologists and the practice 10.18.4 As part of the strategic planning of audiology and report to Council on these process, undertake an annual issues and recommend policies and initiatives review of issues and matters to address them as appropriate; affecting audiologists and the practice of audiology and report 10.18.5 Assess the information and support needs of to Council on these issues and recommend policies and audiologists and make recommendations to initiatives to address them as Council; appropriate; 10.18.6 Recommend communication and education strategies for the 10.18.5 Assess the information and members, related to the objects of support needs of audiologists the College; and make recommendations to Council; 10.18.7 Submit an annual report to the Council; 10.18.36 Recommend and communication and
10.18.8 Provide advice and input on any other education strategies for issues referred to the Committee by the the members, related to Executive Committee or by Council. the objects of the College; and
10.18.7 Submit an annual report to the Council; and
10.18.48 Provide advice and input on any other issues referred to the Committee by the Executive Committee or by Council.
10.19 Speech-Language Pathology Practice Advisory 10.19 Speech-Language Pathology Practice These provisions have been Committee. The Speech- Language Pathology Practice Advisory Committee. The Speech- Language deleted since the two Advisory Committee shall be composed of at least six Pathology Practice Advisory Committee shall committees have been members as follows: at least two members of the Council be composed of at least six members as who are speech- language pathologists including the Vice- follows: at least two members of the Council combined. President of Speech-Language Pathology who shall be the who are speech- language pathologists Chair of the Committee, at least two Public Members, at including the Vice-President of Speech- least two non-Council members who shall be speech- Language Pathology who shall be the Chair of
67 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS language pathologists and up to one Council or non-Council the Committee, at least two Public Members, member who is an audiologist. at least two non-Council members who shall be speech-language pathologists and up to one Council or non-Council member who is an audiologist.
10.20 Duties of the Speech-Language Pathology Practice 10.20 Duties of the Speech-Language Advisory Committee. Pathology Practice Advisory Committee. The The Speech-Language Pathology Practice Advisory Speech-Language Pathology Practice Advisory Committee shall: Committee shall:
10.20.1 Provide advice to Council on matters 10.20.1 Provide advice to Council affecting speech-language pathologists on matters affecting and the practice of speech-language speech-language pathology; pathologists and the practice of speech- 10.20.2 At the request of Council and in a format language pathology; approved by Council, monitor and develop recommendations for College regulations, 10.20.2 At the request of Council and bylaws, practice standards and guidelines in a format approved by and position statements that relate to Council, monitor and develop speech-language pathologists with respect recommendations for College to: clinical regulations, bylaws, practice matters; professional practice issues; ethical standards and guidelines and business practice issues; position statements that relate and interdisciplinary issues; to speech-language pathologists with respect to: 10.20.3 Develop policies and positions for consideration clinical of Council on external matters such as matters; professional practice provincial legislation that impact on the practice issues; ethical business practice of speech-language pathology; issues; and interdisciplinary issues; 10.20.4 As part of the strategic planning process, undertake an annual review of issues and 10.20.3 Develop policies and positions for matters affecting speech-language pathologists consideration of Council on and the practice of speech-language pathology external matters such as and report to Council on these issues and provincial legislation that impact recommend policies and initiatives to address on the practice of speech- them as appropriate; language pathology;
10.20.5 Assess the information and support 10.20.4 As part of the strategic planning needs of speech-language pathologists process, undertake an annual and make recommendations to review of issues and matters affecting speech-language Council; pathologists and the practice of
68 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS 10.20.6 Recommend communication and speech-language pathology and education strategies for the report to Council on these issues members, related to the objects of and recommend policies and the College; initiatives to address them as appropriate; 10.20.7 Submit an annual report to the Council; and 10.20.5 Assess the information 10.20.8 Provide advice and input on any other issues and support needs of referred to the speech-language Committee by the Executive Committee or by pathologists and make Council. recommendations to Council;
10.20.6 Recommend communication and education strategies for the members, related to the objects of the College;
10.20.7 Submit an annual report to the Council; and
10.20.8 Provide advice and input on any other issues referred to the Committee by the Executive Committee or by Council.
10.21 Committee Chairs 10.1921 Committee Chairs
10.21.1 The Chairs of each Committee, other than the 10.1921.1 The Chairs of each Committee, Executive Committee, the Audiology Practice other than the Executive Advisory Committee, and the Speech- Committee, and the Standards Language Pathology Practice Advisory Practice Committeethe Committee, shall be elected from among the Audiology Practice Advisory members of the Committees at the first Committee, and the Speech- meeting following the appointment of the Language Pathology Practice members of the Committee in any given year Advisory Committee, shall be or at such other meeting of the Committee as elected from among the the Committee may determine. Chairs shall members of the Committees at be elected by vote of the majority of members the first meeting following the of each Committee. No member can be chair appointment of the members of of a Committee for more than three the Committee in any given year consecutive years. or at such other meeting of the Committee as the Committee may determine. Chairs shall be 69 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS elected by vote of the majority of members of each Committee. No member can be chair of a Committee for more than three consecutive years. This ensures that if an 10.19.1.1 Time spent as chair as a result of individual serves less than a an appointment to fill a vacancy year in order to fill a vacancy shall not be included for the it does not count towards the purposes of section 10.19.1. total amount of time that
individual can serve as chair. 10.21.2 The Chair of any Committee, other than the 10.1921.2 The Chair of any Committee, Executive Committee, may be removed as other than the Executive Chair by a vote of two-thirds of the members of Committee, may be removed as that Committee or of the Council including for a Chair by a vote of two-thirds of the material breach of the Code of Conduct. members of that Committee or of the Council including for a material breach of the Code of Conduct.
10.21.3 The Chairs of all Committees shall be 10.1921.3 The Chairs of all Committees shall members of Council. be members of Council.
10.21.4 The Chairs of Committees have the same 10.1921.4 The Chairs of Committees have rights as other Committee members to vote. the same rights as other Committee members to vote. 10.21.5 Committee meetings shall be called by the Chair of the relevant Committee, or the Chair 10.1921.5 Committee meetings shall be may be directed by the Executive Committee or called by the Chair of the relevant Council to call a meeting. The Chair shall Committee, or the Chair may be designate the time and place of the meeting. directed by the Executive Committee or Council to call a 10.21.6 The Chairs of Committees are responsible for meeting. The Chair shall selecting panels from among the members of designate the time and place of the Committee. the meeting.
10.1921.6 The Chairs of Committees are responsible for selecting panels from among the members of the Committee.
10.22 Quorum. Except as otherwise specified in the by-laws, the 10.22 Quorum. Except as otherwise specified in the RHPA, the Code or the Regulations, the quorum for any by-laws, the RHPA, the Code or the Committee shall be a majority of the members of the Regulations, the quorum for any Committee Committee, one of whom shall be a Public Member. shall be a majority of the members of the 70 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS Committee, one of whom shall be a Public Member.
10.23 Vacancies. A Committee remains properly constituted 10.23 Vacancies. A Committee remains properly despite any vacancy so long as it can still form a quorum. constituted despite any vacancy so long as it can still form a quorum.
11 INDEMNIFICATION 11 INDEMNIFICATION
Indemnity. Every member of the Council or any Committee Indemnity. Every member of the Council or any and every officer or employee of the College, who in respect Committee and every officer or employee of the of the execution or intended execution of the person’s duties College, who in respect of the execution or as a member of the Council or any Committee or as an officer intended execution of the person’s duties as a or employee of the College, or who has undertaken or is member of the Council or any Committee or as about to undertake any liability on behalf of the College, and an officer or employee of the College, or who the person’s respective heirs, executors and administrators, has undertaken or is about to undertake any and estates and effects shall, from time to time, be liability on behalf of the College, and the indemnified and saved harmless out of the funds of the person’s respective heirs, executors and College from and against all costs, charges and expenses administrators, and estates and effects shall, whatsoever that such member of the Council or any from time to time, be indemnified and saved Committee, officer or employee reasonably incurs in any harmless out of the funds of the College from action or proceeding that is brought, commenced or and against all costs, charges and expenses prosecuted against the person in connection with the whatsoever that such member of the Council or execution or intended execution of the duties of the person’s any Committee, officer or employee reasonably office or employment or in respect of any such liabilities, save incurs in any action or proceeding that is and except such costs, charges or expenses as are brought, commenced or prosecuted against the occasioned by the person’s own willful neglect or default or person in connection with the execution or bad faith. intended execution of the duties of the person’s office or employment or in respect of any such liabilities, save and except such costs, charges or expenses as are occasioned by the person’s own willful neglect or default or bad faith.
12 REMUNERATION AND EXPENSES 12 REMUNERATION AND EXPENSES
12.1 Remuneration of Council Members. Council members 12.1 Remuneration of Council Members. who are members of the College shall be paid in Council members who are members of the accordance with By-law No. 4, Remuneration of Council College shall be paid in accordance with By- Members, for time spent while engaged in the business of law No. 4, Remuneration of Council the Council. Members, for time spent while engaged in the business of the Council. 12.2 Remuneration of Committee Members. Committee members who are members of the College shall be paid 12.2 Remuneration of Committee Members. in accordance with By-law No. 4 for time spent while Committee members who are members of 71 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS engaged in the business of the Committee. the College shall be paid in accordance with By-law No. 4 for time spent while engaged 12.3 Remuneration of Public Members. The Ministry of Health in the business of the Committee. and Long-Term Care prescribes policies with respect to the remuneration of 12.3 Remuneration of Public Members. The Public Members and the College shall cooperate with such Ministry of Health and Long-Term policies. Care prescribes policies with respect to the remuneration of Public Members and the College shall cooperate with such policies.
13 CONFLICT OF INTEREST 13 CONFLICT OF INTEREST
13.1 Recognition of a Conflict of Interest. We recommend setting out Council and Committee members recognize specific conflicts of interest that a conflict of interest or an appearance of a conflict of interest by a member of in a policy rather than the by- Council or its Committees: laws. (i) could bring discredit to the College, (ii) could amount to a breach of the fiduciary obligation of the person to the College, and (iii) could create liability for either the College or the person involved or both.
13.1 Conflicts. Council and Committee members shall avoid Conflicts. Council and Committee members shall any conflict of interest with respect to their fiduciary avoid any conflict of interest with respect to responsibilities: their fiduciary responsibilities.:
13.1.1 There shall be no conduct of private business 13.1.1 There shall be no conduct of or personal services between any Council or private business or personal Committee member and the College. services between any Council or However, a public or professional member of Committee member and the Council may undertake a special assignment if College. However, a public or such assignment meets one or more of the professional member of Council following criteria as determined by Council: may undertake a special assignment if such assignment 13.1.1.1 The assignment is in accordance meets one or more of the with Ministry of Health following criteria as determined Guidelines on Per Diems and by Council: Expenses; 13.1.1.1 The assignment is in 13.1.1.2 Where because of the accordance with Ministry of Health Guidelines on Per member’s special knowledge Diems and or skills it is desirable and Expenses; necessary for the member to 72 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS undertake the assignment on 13.1.1.2 Where because behalf of the College; of the member’s special knowledge or skills it is desirable and
necessary for
the member to undertake the assignment on behalf of the College;
13.1.1.3 The assignment in other 13.1.1.3 The circumstances might be assignme assigned to a staff nt in other member or outside circumsta consultant; nces might be assigned to a staff member or outside consultant ; 13.1.1.4 The assignment arises from and
is directly related to the 13.1.1.4 The assignment member’s participation in or arises from and is assignment to Council or a directly related to statutory or non-statutory the member’s Committee; or, participation in or
assignment to 13.1.1.5 The assignment requires an additional time commitment Council or a which warrants specific statutory or non- remuneration. statutory Committee; or,
13.1.1.5 The assignment
requires an additional time commitment which warrants specific
73 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS remuneration. 13.1.2 When the Council or Committee is to decide 13.1.2 When the Council or Committee is upon an issue about which a member has a to decide upon an issue about conflict of interest, that member shall declare a which a member has a conflict of conflict and withdraw from the meeting without interest, that member shall declare comment from not only the vote, but also from a conflict and withdraw from the the deliberation, and the non-participation of meeting without comment from not the member should be noted in the minutes. only the vote, but also from the deliberation, and the non- 13.1.3 Council or Committee members shall not use participation of their positions to obtain employment in the the member should be noted in the College for themselves or their family minutes. members. Should a member seek employment, the member shall first resign. 13.1.3 Council or Committee members shall not use their positions to 13.1.4 Should a Council or Committee member obtain employment in the receive a gift while conducting College College for themselves or their business, it may be kept by the member family members. Should a unless the gift is a: member seek employment, the member shall first resign.
13.1.4.1 Gift of money; 13.1.4 Should a Council or
Committee member receive a 13.1.4.2 Gift valued over $50.00; or gift while conducting College business, it may be kept by the 13.1.4.3 Gift which was intended for the member unless the gift is a: College.
13.1.4.1 Gift of money; In all cases, Council or Committee members
shall be cognizant of the perceived or real 13.1.4.2 Gift valued over conflict of interest in acceptance of gifts or $50.00; or honoraria.
13.1.4.3 Gift which was intended for the College.
In all cases, Council or Committee members shall be cognizant of the perceived or real conflict of interest in acceptance of gifts or honoraria.
13.2 Duties 13.2 Duties
13.2.1 Every member of the Council has a duty to act 13.2.1 Every member of the Council has
74 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS in the best interests of the College and the a duty to act in the best interests public at all times. To that end, a member of the College and the public at shall not make a commitment to any individual, all times. To that end, a member group or organization to adopt a position on shall not make a commitment to any matter coming before the Council. In any individual, group or addition, every member of Council has a duty organization to adopt a position to fairly consider the views of other Council on any matter coming before the members expressed during the debate of a Council. In addition, every matter. member of Council has a duty to fairly consider the views of other 13.2.2 Where the Council has adopted an official Council members expressed position on a matter, a member of the Council during the debate of a matter. shall not engage in oral or written advocacy against the position in any public forum, 13.2.2 Where the Council has adopted including legislative committees and news an official position on a matter, a media aimed at the general public, without the member of the Council shall not prior approval of the Council. engage in oral or written advocacy against the position in any public forum, including legislative committees and news media aimed at the general public, without the prior approval of the Council.
13.3 Where a Conflict May Exist. This sets out a process for addressing conflicts of Where a Council or Committee member believes that he interest. or she may have a conflict of interest in any matter which is the subject of deliberation or action by Council or its Committees, he or she shall: (i) consult, as needed, with the President, the Registrar and legal counsel and, if there is any doubt about whether he or she may have or be perceived to have a conflict, prior to any consideration of the matter, declare the potential conflict to Council or the Committee and accept Council’s or the Committee’s direction as to whether there is an appearance of a conflict;
(ii) where there appears to be a conflict of interest, not take part in the discussion of, or vote on, any question in respect of the matter;
(iii) where there appears to be a conflict of 75 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS interest, absent himself or herself from the portion of any meeting relating to the matter; and
(iii) where there appears to be a conflict of interest, not attempt in any way to influence the voting or do anything that might be perceived as attempting to influence the decision of other members on the matter.
13.3 Bias 13.43 Bias
13.3.1 Members who sit on Committee panels shall avoid 13.3.1 Members who sit on Committee panels conflicts of interest. They shall be impartial with shall avoid conflicts of interest. They respect to the individuals involved in the shall be impartial with respect to the proceedings. Family and business relationships and individuals involved in the proceedings. feelings of hostility or friendship are sources of Family and business relationships and potential bias. When a Committee member is feelings of hostility or friendship are selected for a panel, the member shall consider sources of potential bias. When a whether bias, or the appearance of bias, towards Committee member is selected for a any individual involved in the proceedings exists that panel, the member shall consider is real or perceived, actual or potential, direct or whether bias, or the appearance of bias, indirect. If so, the member shall inform the towards any individual involved in the Committee Chair, who will take appropriate action. proceedings exists that is real or perceived, actual or potential, direct or indirect. If so, the member shall inform the Committee Chair, who will take appropriate action.
13.5 Interests of Related Persons For the purposes of these By-Laws, the direct or indirect financial interest of a parent, spouse, child or sibling of a Council or Committee member are interpreted to be the interests of Council or Committee member. In addition, each Council or Committee member shall declare any direct or indirect personal interest of a parent, spouse, child or sibling so that an informed and considered discussion can be held as to whether the personal interest constitutes a conflict of interest. Here, the term “spouse” includes a common-law spouse and a same-sex partner of the person.
76 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS 14 DESIGNATION OF LIFE MEMBERS 14 DESIGNATION OF LIFE MEMBERS It is unusual for a College to make a current member a 14.1 Requirements. The Registrar may, upon application 14.1 Requirements. The Registrar may, upon “Life Member”. This is for such, designate a current or former member of the application for such, designate a current or usually reserved for retired College as a life member, if the member or former former member of the College as a life member, members in order to member: if the member or former member: recognize their contributions. Accordingly we recommend 14.1.1 Holds or has previously held a general or 14.1.1 Holds or has previously held a academic certificate of registration issued general or academic certificate of against this. Among other by the College; registration issued by the College; things, it could be very problematic if a “Life 14.1.2 Is not in default of payment of fees or of any 14.1.2 Is not in default of payment of fees Member” were referred to other obligation owed to the College under the or of any other obligation owed to discipline. RHPA, Code, ASLPA, or the Regulations or By- the College under the RHPA, laws of the College; Code, ASLPA, or the Regulations We have proposed instead or By- laws of the College; (in the next section) a 14.1.3 Is not the subject of proceedings for process for recognizing professional misconduct, 14.1.3 Is not the subject of proceedings contributions to the incompetence or incapacity, whether for professional misconduct, professions. in Ontario or in another jurisdiction incompetence or incapacity, whether in relation to speech- whether in Ontario or in another language pathology, audiology or jurisdiction whether in relation to another profession; speech-language pathology, audiology or another profession; 14.1.4 Is not the subject of an outstanding order of a Committee or a panel of a Committee; 14.1.4 Is not the subject of an outstanding order of a Committee 14.1.5 Is not in breach of an order of a Committee or a panel of a Committee; or a panel of a Committee; 14.1.5 Is not in breach of an order of a 14.1.6 Is not in violation of a decision of a panel of Committee or a panel of a the Inquiries, Complaints and Reports Committee; Committee requiring the member to be cautioned or to complete a specified 14.1.6 Is not in violation of a decision of continuing education or remediation program; a panel of the Inquiries, Complaints and Reports 14.1.7 Is not the subject of an ongoing inquiry or Committee requiring the member investigation by the Registrar, a Committee, to be cautioned or to complete a or a panel of a Committee; specified continuing education or remediation program; 14.1.8 Provides the information required by the Registrar; 14.1.7 Is not the subject of an ongoing inquiry or investigation by the 14.1.9 Has permanently retired from the practice of Registrar, a Committee, or a the profession; and panel of a Committee; 77 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS
14.1.10 Pays the prescribed fees for a life certificate. 14.1.8 Provides the information required by the Registrar;
14.1.9 Has permanently retired from the practice of the profession; and
14.1.10 Pays the prescribed fees for a life certificate.
14.2 Conditions 14.2 Conditions
14.2.1 A life member shall not engage in patient 14.2.1 A life member shall not engage in care or related work in audiology or patient care or related work in speech-language pathology. audiology or speech-language pathology. 14.2.2 A life member shall not be held out as a person qualified to practise in 14.2.2 A life member shall not be held Ontario as a speech-language pathologist or out as a person qualified to practise in audiologist. Ontario as a speech-language pathologist or audiologist. 14.2.3 A life member shall be restricted to the use of the following title applicable to the member: 14.2.3 A life member shall be restricted to the use “Speech-Language Pathologist – Retired”, of the following title applicable to the “Speech Therapist – Retired”, “Audiologist – member: “Speech-Language Pathologist – Retired”, or an equivalent in another language. Retired”, “Speech Therapist – Retired”, 14.2.4 A life member shall not be required to participate “Audiologist – Retired”, or an equivalent in in the College’s another language. Quality Assurance Program. 14.2.4 A life member shall not be required to participate in the College’s 14.2.5 A life member shall not be eligible for nomination Quality Assurance Program. or election to Council. 14.2.5 A life member shall not be eligible for nomination or election to 14.2.6 A life member shall not be eligible to vote in Council. Council elections. 14.2.6 A life member shall not be eligible to vote 14.2.7 A person who becomes a life member during in Council elections. their term as a Council member shall not be eligible to continue serving on Council and 14.2.7 A person who becomes a life member shall immediately tender their resignation as a during their term as a Council member shall member, effective immediately. not be eligible to continue serving on Council and shall immediately tender their 14.2.8 A life certificate may be revoked if: resignation as a member, effective immediately. 78 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS
14.2.8.1 The member is found to be in 14.2.8 A life certificate may be revoked if: default of any obligation to the College under the RHPA, Code, 14.2.8.1 The member is found to ASLPA, or the Regulations, By- be in default of any laws, or policies of the College; obligation to the College or under the RHPA, Code, ASLPA, or the 14.2.8.2 The member is the subject of a Regulations, By-laws, or finding of incompetence, policies of the College; or professional misconduct or incapacity or acts, in the 14.2.8.2 The member is the opinion of the Registrar, in a subject of a finding of manner inconsistent with a life incompetence, member designation. professional misconduct or incapacity or acts, in the opinion of the Registrar, in a manner inconsistent with a life member designation.
14.3 Insurance. A person who is designated as a life 14.3 Insurance. A person who is designated member is not required to provide the College with as a life member is not required to proof of professional liability insurance coverage. provide the College with proof of professional liability insurance 14.4 Applying for a General or Academic Certificate. A coverage. person designated as a life member who wishes to obtain a general or academic certificate shall re-apply to the College 14.4 Applying for a General or Academic for such a certificate and shall meet the registration Certificate. A person designated as a life requirements member who wishes to obtain a general or that are in effect at the time of application. academic certificate shall re-apply to the College for such a certificate and shall meet the registration requirements that are in effect at the time of application.
15 DESIGNATION OF HONOURARY MEMBERS 145 RECOGNITION OF OUTSTANDING CONTRIBUTIONDESIGNATION OF HONOURARY 15.1 Requirements MEMBERS
15.1.1 The privilege of honourary membership shall 145.1 Requirements be open to any person who is not a member of the College who has made an outstanding 145.1.1 The recognition of outstanding contribution to furthering the mission of the contributionprivilege of honourary
79 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS College and/or fulfilling its mandate and membership shall be open to any objects relating to the regulation of the current or former Member or a professions of audiology and speech-language member of the public person who pathology in Ontario in the public interest. is not a member of the College who has made an outstanding 15.1.2 Honourary members shall be nominated. contribution to furthering the The Executive Committee shall receive all mission of the College and/or nominations. fulfilling its mandate and objects relating to the regulation of the 15.1.3 Council shall approve honourary members by at professions of audiology and least a two-thirds speech-language pathology in (2/3) vote. Ontario in the public interest.
145.1.2 Honourary members shall be nominated. The Executive Committee shall receive all nominations for recognition of outstanding contribution..
145.1.3 Council shall approve the recognition of outstanding contribution by an individualhonourary members by at least a two-thirds (2/3) vote.
15.2 Fees. Honourary members will not pay annual membership 15.2 Fees. Honourary members will not pay annual fees. membership fees.
15.3 Conditions 15.3 Conditions
15.3.1 An honourary membership shall be for life, 15.3.1 An honourary membership shall save and except in the case where, in the be for life, save and except in opinion of Council, the member acts in a the case where, in the opinion manner inconsistent with an honourary of Council, the member acts in member designation. a manner inconsistent with an honourary member designation. 15.3.2 Honourary members shall not be eligible for nomination to Council. 15.3.2 Honourary members shall not be eligible for nomination to Council. 15.3.3 Honourary members shall not have voting privileges. 15.3.3 Honourary members shall not have voting privileges. 15.3.4 Honourary members shall not use the titles “Audiologist”, “Speech- Language 15.3.4 Honourary members shall not Pathologist” or “Speech Therapist”, or a use the titles “Audiologist”, 80 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS variation or abbreviation or an equivalent in “Speech- Language another language or any other title Pathologist” or “Speech protected by the College and shall not hold Therapist”, or a variation or themselves out as abbreviation or an equivalent qualified to practise as an audiologist or speech- in another language or any language pathologist. other title protected by the College and shall not hold themselves out as qualified to practise as an audiologist or speech-language pathologist.
16 MAKING, AMENDING AND REVOKING BY-LAWS 156 MAKING, AMENDING AND REVOKING BY- LAWS 16.1 Vote. The By-laws of the College or any part thereof may be enacted, amended or revoked by a resolution of a two- 156.1 Vote. The By-laws of the College or any part thirds majority of members of Council. thereof may be enacted, amended or revoked by a resolution of a two-thirds majority of members of Council.
16.2 Notice. Notice of a meeting at which any proposed 156.2 Notice. Notice of a meeting at which any enactment of, amendment to, or revocation of, a by-law, or proposed enactment of, amendment to, or any part thereof, to be considered shall include details of revocation of, a by-law, or any part thereof, to the proposed addition, amendment, or revocation and shall be considered shall include details of the be delivered or transmitted electronically to each Council proposed addition, amendment, or revocation member not less than five days, or shall be mailed to each and shall be delivered or transmitted Council member not less than seven days, before the electronically to each Council member not Council meeting at which such changes are to be less than five days, or shall be mailed to each considered. Council member not less than seven days, before the Council meeting at which such changes are to be considered.
16.3 Editorial Revisions. The Council may make editorial 16.3 Editorial Revisions. The Council may revisions to the By-laws from time to time. make editorial revisions to the By-laws from time to time.
16.4 Policies. The Council may adopt rules, policies and 156.34 Policies. The Council may adopt rules, guidelines for the better administration of the affairs of policies and guidelines for the better the College from time to time. administration of the affairs of the College from time to time.
16.5 Circulation Period. As required, by-laws will be 16.5 Circulation Period. As required, by- This is set out in the Code so circulated to members in accordance with the Code laws will be circulated to members in it does not need to be before being approved by Council. accordance with the Code before being included in the by-laws approved by Council.
81 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS 16.6 Effect of Revocation or Amendment. The revocation or 156.46 Effect of Revocation or Amendment. The amendment of a by- law shall not affect the previous revocation or amendment of a by- law shall not operation of the by-law amended or revoked or affect the affect the previous operation of the by-law validity of any act done or right, privilege, obligation or amended or revoked or affect the validity of liability acquired or incurred under, or the validity of any any act done or right, privilege, obligation or contract or agreement made pursuant to any such by-law liability acquired or incurred under, or the prior to its amendment or revocation. validity of any contract or agreement made pursuant to any such by-law prior to its amendment or revocation.
17 CODE OF CONDUCT 167 CODE OF CONDUCT
17.01 Code of Conduct for Council and Committee Members. The Code 167.01 Code of Conduct for Council and Committee of Conduct of Council and Committee members forms Schedule 1 to, Members. The Code of Conduct of Council and and is part of, these By‐laws. Committee members forms Schedule 1 to, and is part of, these By‐laws. Made by the Council of the College of Audiologists and Speech- Made by the Council of the College of Audiologists Language and Speech-Language
th th Pathologists of Ontario on the 6 day of June, 2014. Pathologists of Ontario on the 6 day of June, 2014.
This By-law, as amended, shall come into force and effect on the This By-law, as amended, shall come into force and th th 7 day of June, effect on the 7 day of June, 2014. 2014.
Original effective date: January 1, 2011 Original effective date: January 1, 2011
Amended March 7, 2014. Amended June 6, 2014. Amended March Amended March 7, 2014. Amended June 6, 2014. 13, 2015. Amended December 9, 2016. Amended March 13, 2015. Amended December 9, 2016. Draft – September 23, 2016 Draft – September 23, 2016
College of Audiologists and Speech College of Audiologists and Language Pathologists of Ontario Speech Language Pathologists of Schedule 1 of By‐law No. 2011‐1 Ontario Schedule 1 of By‐law No. 2011‐1 Code of Conduct Code of Conduct Members of Council and Committees must, at all times, maintain high standards of integrity, honesty and loyalty to the College and its mandate Members of Council and Committees must, at all times, when discharging their College duties. They must act in the best interest maintain high standards of integrity, honesty and loyalty to of the College. For example, they shall: the College and its mandate when discharging their College 82 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS duties. They must act in the best interest of the College. For a. be familiar and comply with the provisions of the Regulated Health example, they shall: Professions Act (RHPA), the Health Professions Procedural Code, the Audiology and Speech‐Language Pathology Act and the regulations a. be familiar and comply with the provisions of the and by‐laws made under them, and policies of the College; Regulated Health Professions Act (RHPA), the Health b. be prepared to and diligently participate in Council meetings and Professions Procedural Code, the Audiology and Committee work including reading background materials and Speech‐Language Pathology Act and the regulations briefing documents; and by‐laws made under them, and policies of the c. regularly attend meetings on time and participate constructively in College; b. be prepared to and diligently participate in Council discussions; meetings and Committee work including reading d. offer opinions and express views on matters before the College, background materials and briefing documents; Council and Committee, when appropriate; e. participate in all deliberations in a respectful and courteous manner, c. regularly attend meetings on time and participate recognizing the diverse background, skills and experience of constructively in discussions; Council and Committee members; d. offer opinions and express views on matters before f. uphold the decisions made by a majority of Council and the College, Council and Committee, when Committees, regardless of the level of prior individual appropriate; disagreement and leave public or media comment on College e. participate in all deliberations in a respectful and business to its official spokespeople; courteous manner, recognizing the diverse g. avoid and, where that is not possible, declare any appearance background, skills and experience of Council and Committee members; of or actual conflicts of f. uphold the decisions made by a majority of Council interest or bias and remove themselves from discussing or voting and Committees, regardless of the level of prior on any issue where there is a conflict of interest; individual disagreement and leave public or media h. not participate in a legal proceeding involving the College as a party comment on College business to its official or on behalf of a party other than through the College or its spokespeople; representatives; i. refrain from including or referencing Council or Committee titles g. avoid and, where that is not possible, declare or positions held at the College in any personal or business any appearance of or actual conflicts of promotional materials, advertisements and business cards interest or bias and remove themselves from (although referencing titles or positions held at the College in a discussing or voting on any issue where there is a curriculum vitae is acceptable so long as the curriculum vitae is not conflict of interest; overtly used in a promotional manner); h. not participate in a legal proceeding involving the j. preserve confidentiality of all information before Council or College as a party or on behalf of a party other than Committee unless disclosure has been authorized by Council or through the College or its representatives; under the RHPA; i. refrain from including or referencing Council or k. refrain from attempting to influence a statutory decision unless a Committee titles or positions held at the College member of a panel of the in any personal or business promotional materials, Committee or, where there is no panel, of the Committee dealing advertisements and business cards (although with the matter; referencing titles or positions held at the College in l. respect the boundaries between and roles of Council and a curriculum vitae is acceptable so long as the Committee members and staff; curriculum vitae is not overtly used in a promotional and manner); m. be respectful of others including complying with the College’s j. preserve confidentiality of all information before 83 CURRENT WORDING PROPOSED CHANGES RATIONALE / COMMENTS Diversity Statement and Council or Committee unless disclosure has been Respect in the College Policy. authorized by Council or under the RHPA; k. refrain from attempting to influence a statutory decision unless a member of a panel of the Committee or, where there is no panel, of the Committee dealing with the matter; l. respect the boundaries between and roles of Council and Committee members and staff; and m. be respectful of others including complying with the College’s Diversity Statement and Respect in the College Policy.
84 MEMORANDUM
SUBJECT: GUIDE FOR THE PROVISION OF SECOND OPINIONS
TO Council FROM Alexandra Carling DATE February 22nd, 2018 MEETING DATE March 2nd 2018
ACTION REQUESTED
To review and approve the Guide for the Provision of Second Opinions (Guide) for circulation to the membership for stakeholder response.
BACKGROUND:
The issue of members providing second opinions arose during the review of the Practice Standards and Guidelines for Acquired Cognitive Communication. The Speech Language Pathology Practice Advisory Committee (SLP PAC) decided that information regarding the provision of second opinions would benefit members of both professions in different areas of practice, not just acquired cognitive communication, and therefore a separate document should be developed. In preparation for the document’s development, the SLP PAC at their October 2014 meeting requested staff to focus research on: Standards, guides or positions concerning this topic developed by other regulated health profession colleges SLP and audiology work environments/situations that necessitate the provision of a Second Opinion A clear, specific definition of Second Opinion Consent requirements to collect, use and disclose information when requested from non-health organizations, such as Insurance companies Specific competencies that apply to the provision of Second Opinions Documentation requirements
The membership were surveyed on providing second opinions in June 2015, and 358 (10%) members responded. Survey analyses showed confusion as to what constitutes a second opinion, and that requests for second opinions occur in many areas of practice. The SLP PAC reviewed two document drafts based on the research, and in November 2017 decided that the document should be a Guide. A Guide serves to help members apply existing standards, regulations and legislation in a particular practice environment. There are no new or specific standards or competencies that apply only to this area of practice.
CASLPO●OAOO Page 1 of 2 The Audiology (AUD) PAC reviewed the document at their December 11th 2017 meeting and recommended that the Guide include the provision of second opinions regarding other professionals who perform clinical activities within the scope of practice of an audiologist and speech language pathologist (SLP). Examples would include a physiotherapist carrying out a balance assessment, child psychologist administering a language assessment or a hearing instrument practitioner performing a hearing assessment. The SLP PAC, after its final review in January 2018, decided to forward the Guide to Council with the recommendation that it be circulated for stakeholder response. The SLP PAC will pay particular attention to the membership’s understanding of Second Opinion. The responses will also be reviewed for potential additional FAQs.
CASLPO●OAOO Page 2 of 2
GUIDE FOR THE PROVISION OF SECOND OPINIONS
5060-3080 Yonge Street, Box 71 February xxth 2018 Toronto, Ontario M4N 3N1 416-975-5347 1-800-993-9459 www.caslpo.com
1
GUIDE FOR THE PROVISION OF SECOND OPINIONS
(Draft 6 January 2018 – post PACs)
PURPOSE
The purpose of this Guide is to support members when applying practice standards, regulations and legislation to the provision of second opinions.
DEFINITION OF SECOND OPINION
A member’s independent clinical finding relating to the validity and appropriateness of some, or all, of a patient’s intervention, provided by another professional.
PRINCIPLES
1. The member has the knowledge, skill, and judgement in the specific area of practice (Code of Ethics 4.2.2) 2. When conducting a second opinion, members must be honourable, objective and impartial (Code of Ethics 4.1.3 and 4.1.7). 3. Members must ensure that the second opinion is reasonable, fair, balanced, and substantiated by objective data and clinical judgment (Code of Ethics 4.2.7). 4. Members must identify and mitigate bias or conflict of interest that could reasonably affect their second opinion. This may include declining their involvement.
THIS GUIDE APPLIES WHEN:
A second opinion is requested by the patient, substitute decision maker (SDM) or a third party. It is a patient record review or a review with a patient assessment with recommendations. The original clinical information is available.
CONSENT REQUIREMENTS
Where members are asked to review the personal health information of a specific patient, they must ensure that knowledgeable consent from the patient has been obtained and documented. Only then can the member collect, use and disclose personal health information in their report and/or testimony. If members are asked to conduct a patient assessment, informed consent for the assessment must be obtained from the patient and documented. Consent may have been obtained by another health care professional or a third party. The member should ensure that the patient being assessed understands the purpose of the assessment, how the assessment will proceed, and where the report will be sent. Patients can withdraw consent at any time; however, this may prevent the member from completing the assessment and submitting a second opinion.
2
Patients are entitled to place limits on the information that members can disclose in a report. The member should communicate to the patient that such limitations may affect the member’s disclosure of their second opinion.
COMPETENCIES
In order to develop an objective and reasonable second opinion, members must possess the knowledge, skill and judgement to: Communicate appropriate information to the patient including, but not limited to:
o the purpose of the second opinion and how it may affect the assessment procedure,
o who is requesting the second opinion, o the relationship between the member and the third party Determine the relevance of any information received to the record review or assessment. Identify gaps in information and make reasonable efforts to seek out further information that may impact the second opinion. Provide a clear rationale for how and why you arrived at the second opinion When assessing a patient the following additional competencies are required:
Consider any restrictions to timelines for re-administering standardized assessment protocols. Identify significant clinical differences between the original intervention and the second opinion. This would include technological and clinical advances and approaches and whether assessment tools or equipment were available. Select an appropriate assessment protocol, especially if you cannot repeat the original assessment protocol, in order to generate a clinical finding. Review what is required in the provision of a second opinion, and not provide intervention outside that requirement. Protect the patient’s well-being by mitigating potential stress or confusion stemming from the fact that the member does not develop an ongoing professional relationship and may appear more impersonal
DOCUMENTATION
Documentation requirements will differ according to the task. The record review and report is not patient intervention, therefore a patient record need not be developed. If the member is assessing a patient, a patient record must be developed and retained. Please refer to the Records Regulation (2015)
3
GLOSSARY
ASSESSMENT is the use of both standardized and non-standardized measures to observe and record a person’s functioning in a variety of areas. This is done in order to gain an understanding of a patient’s strengths and weaknesses so as to allow the member to make an evaluation statement and plan a treatment program. KNOWLEDGEABLE CONSENT is where the patient understands why their personal health information is being collected and used and the purpose for disclosing their information to another health information custodian, agent or third party. The patient can give, withhold or withdraw consent. INTERVENTION includes screening, assessment, treatment, management, consultation, education and counselling. RECORD REVIEW when a member provides a professional opinion based solely on a patient record with no direct patient intervention.
REFERENCES
The College of Physicians and Surgeons of Ontario (2012) Medical Expert: Reports and Testimony The College of Physicians and Surgeons of Ontario (2012) Third Party Reports The Canadian Medical Association (2004) Code of Ethics The College of Chiropractors of Ontario (2013) Third-Party Independent Chiropractic Evaluations
4
MEMORANDUM
SUBJECT: PRACTICE STANDARDS FOR CERUMEN MANAGEMENT
TO Council FROM Samidha Joglekar and Alexandra Carling-Rowland DATE February 5th, 2018 MEETING February 16th, 2018 DATE
ACTION REQUESTED To review and approve the Practice Standards for Cerumen Management for circulation to the membership for stakeholder response.
BACKGROUND: The Audiology Practice Advice Committee (AUD-PAC) began their review of the Preferred Practice Guidelines (PPG) for Cerumen Management in February 2017. The PPG for Cerumen Management was the last of the CASLPO documents to be developed into standards. Over the last 10 years, the College evolved their documents to include “standards” as well as “guidelines”, creating an entity known as “Practice Standards and Guidelines”. Most recently, with the development of the document relating to standards for the provision of hearing aid services, the Council decided to focus future documents on standards only. The AUD-PAC’s goal was to develop standards and competencies for cerumen management and to eliminate guidelines. During the committee’s review “procedures” were also removed. Discussions led to the following key decisions: • Sections in the document will follow the structure in the Practice Standards for the Provision of Hearing Aid Services by Audiologists • The word “cerumen” is accepted and understood amongst practitioners. However, definitions of terms such as “earwax” and “cerumen” will be provided in a glossary • The definition of cerumen management will be broadened to include the removal of other materials from the ear e.g., removal of hearing aid domes, ear impression material, or cotton swabs from the ear • Members do not necessarily need to be competent in all cerumen removal procedures but they must know when each type is recommended, be competent in the procedures they employ, or be able to make a referral
• Development of a standard focusing on patient education and prevention of cerumen accumulation
• Cerumen management may be an isolated intervention
• Development of a standard that involves collaboration with the patient and/or substitute decision maker (SDM) when taking a case history
• To increase clarity and reduce redundancy overall in the document, with particular focus on section H. Intervention Competencies
The committee reviewed three drafts of this document over four meetings and made the decision to recommend that the document be sent to Council for stakeholder response.
PRACTICE STANDARDS FOR CERUMEN MANAGEMENT FEBRUARY, 2018
5060-3080 Yonge Street, Box 71 February, 2018 Toronto, Ontario M4N 3N1 416-975-5347 1-800-993-9459 www.caslpo.com
1 TABLE OF CONTENTS 2 Executive Summary ...... 2 3 A. Preamble ...... 3 4 B. Definition of Service ...... 4 5 C. Scope of Practice ...... 5 6 D. Resource Requirements ...... 6 7 E. Collaboration Requirements ...... 7 8 F. Health and Safety Precautions ...... 8 9 G. Principles Guiding Service Delivery ...... 9 10 1. Principles of Culturally Responsive Intervention ...... 9 11 2. Principles of Evidence-Based Practice...... 9 12 3. Consent ...... 10 13 4. Principles of Risk Management Determination ...... 13 14 5. Principles of Documentation ...... 13 15 H. Intervention: Competencies ...... 15 16 1. Case History ...... 15 17 2. Examination of the Ear ...... 16 18 3. Removal of Cerumen ...... 17 19 4. Follow-up and Prevention ...... 19 20 I. Glossary ...... 20 21
22
CASLPO•OAOO PAGE 1
23 EXECUTIVE SUMMARY
24 This document identifies the standards of practice for audiologists in Ontario when 25 providing cerumen management. Cerumen management involves the removal of 26 cerumen, also called earwax, from the ear. Cerumen management includes the 27 education, counseling and recommendations provided to the patient by the 28 audiologist to prevent an accumulation of cerumen that could affect hearing, delay 29 audiological assessment, or cause discomfort. The standards in this document may 30 also be applied to removal of other materials from the ear that are applicable to an 31 audiologist’s clinical practice, such as hearing aid domes, ear impression materials, 32 and cotton swabs.
33 Practice standards define the level of practice required to ensure safe and 34 competent care and are identified through consensus within the profession. The 35 standards in this document reflect the generally accepted practices adopted by 36 Ontario audiologists when removing cerumen from the ear canal and when 37 providing cerumen management. This includes conducting a detailed case history, 38 thorough examination of the ear canal and ear drum, selecting appropriate 39 intervention options, evaluating post-procedure status of the ear, and educating the 40 patient1 regarding follow-up and prevention.
41 Throughout the process, the audiologist must provide the patient and/or Substitute 42 Decision Maker (SDM) with information, act as a resource, and provide the 43 opportunity to make informed decisions regarding the intervention. Audiologists 44 must also provide services that are respectful and responsive to the cultural needs 45 of patients and families. All the required components in the provision of cerumen 46 management must be documented. 47
1 The term “patient” is used to represent an individual who receives health care intervention from an audiologist and is synonymous with “client” or “student”. The use of the term “Patient” mirrors the language used in the Regulated Health Professions Act, 1991 and by the Ministry of Health and Long-Term Care.
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48 A. PREAMBLE
49 Standards of practice articulate expectations with regard to the knowledge, skill and 50 judgement that the member must possess, as well as specific practices to which 51 they must adhere. Generally, standards are developed through a process of 52 consensus within the profession. As members of CASLPO, audiologists are required 53 to ensure their knowledge, skill and judgement are current. This is monitored 54 through the Quality Assurance Program. Therefore, it is reasonable to assume that 55 the members are best able to identify the standards of practice. However, this does 56 not preclude the College from setting a standard that is not currently practiced by 57 the profession if there is compelling evidence to suggest that a standard should be 58 set to mitigate significant risk. In such cases, it is the College’s duty to gather 59 appropriate evidence, set the standard and allow the members to respond.
60 The standards of practice contained in this document have been identified through 61 consultation with the members of the profession, as well as a review of other 62 resources, such as legislation and interjurisdictional standards.
63 CASLPO’s Practice Standards ensure quality care to the people of Ontario. This 64 document outlines the necessary standards and competencies but is not intended to 65 be a tutorial or to provide audiologists with all the information required for the 66 provision of cerumen management services.
67 The “must” statements in this document establish standards that members are 68 required to follow. In some cases, “must” statements have been established in 69 legislation and/or other CASLPO documents. In other cases, the “must” statements 70 describe practices that are established by virtue of what the profession agrees are 71 to be “standard” practices. To the greatest extent possible, members are expected 72 to follow these practice standards.
73 However, audiologists must also exercise professional judgment, taking into 74 account the environment(s) and the individual patient’s needs, when considering 75 deviating from these standards and must document and be prepared to justify any 76 departures from the standards.
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77 B. DEFINITION OF SERVICE
78 Cerumen, or “earwax”, is a naturally occurring substance that cleans, protects, and 79 lubricates the external ear canal. Accumulation of cerumen in the ear canal is a 80 common reason for patients to seek care for ear-related problems. While usually 81 harmless, an accumulation of cerumen or blockage of the ear canal by cerumen can 82 lead to hearing loss, ringing in the ear (tinnitus), itching, and ear pain (otalgia).
83 In addition, excessive cerumen may: 84 • Prevent complete visual examination of the external ear canal and ear drum 85 (tympanic membrane)
86 • Cause discomfort to the patient 87 • Be cosmetically unappealing for the patient 88 • Interfere with the provision of audiological services (hearing and balance 89 assessments, hearing aid fittings)
90 • Prevent the development and implementation of an audiological treatment 91 plan
92 Audiologists typically provide cerumen management services to patients who are 93 receiving audiological services. However, cerumen management may also occur as 94 an isolated intervention. At times, audiologists may be requested to remove other 95 materials, such as hearing aid domes or foreign objects, from the ear.
96 This document is intended to provide standards of practice for all instances of 97 removal of material from the ear canal.
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98 C. SCOPE OF PRACTICE
99 The Audiology and Speech-language Pathology Act, 1991 states: “The practice of 100 audiology is the assessment of auditory function and the treatment and prevention 101 of auditory dysfunction to develop, maintain, rehabilitate or augment auditory and 102 communicative functions.”
103 Audiologists are concerned with the prevention, identification, assessment, 104 treatment and (re)habilitation of auditory and balance difficulties in children and 105 adults. Audiologists also provide education and counseling services for people 106 experiencing problems in these areas.
107 Audiologists’ scope of clinical practice includes the provision of assessment, 108 treatment, (re)habilitation and consultation services for:
109 • Auditory Function 110 • Vestibular (balance) Function 111 • Tinnitus (ringing in the ears) 112 • Auditory Processing Disorders 113 • Cerumen Management 114 • Prescription and dispensing of hearing aids, cochlear and middle ear 115 implants, as well as assistive listening and alerting devices
116 Removing cerumen from the ear canal is within the scope of practice for 117 audiologists in Ontario.
118 Audiologists should note that these procedures do not and should not involve:
119 “Putting an instrument, hand or finger,
120 1. beyond the external ear canal” 121 As specified in paragraph 27 (2) 6 of the Regulated Health Professions Act, 1991, 122 which is a controlled act that audiologists do not have the authority to perform.
123
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124 D. RESOURCE REQUIREMENTS
Audiologists must ensure availability of resources and equipment for Standard the safe and effective removal of cerumen from the ear. D.1
125 Audiologists must ensure that they have the appropriate equipment and technology 126 in order to: 127 • Adequately visualize the ear canal during all stages of the intervention with 128 appropriate illumination and magnification (e.g., through the use of a 129 headlight, otoscope, video otoscope etc.)
130 • Assess the status of the outer ear, ear canal, and tympanic membrane 131 before, during, and after cerumen management (e.g., conducting otoscopy 132 and tympanometry)
133 • Extract the cerumen by the appropriate technique, which may include:
134 i) Manual removal using instruments (e.g. stainless steel and disposable 135 ear curettes, hooks, forceps)
136 ii) Suctioning (e.g. medical grade apparatus)
137 iii) Irrigation (e.g. aural irrigation equipment, syringes, etc.)
138 • Determine the effectiveness of the intervention
139
Audiologists must ensure that all materials and equipment utilized in Standard service provision are in proper working order. D.2
140 All equipment must be maintained according to manufacturers’ specifications and 141 recommendations, as outlined in the Self-Assessment Tool (Management 142 Standards). Audiologists must also ensure equipment is calibrated according to 143 manufacturers’ specifications as required in CASLPO’s Code of Ethics 4.2.9 (2011):
144 ” Audiologists and Speech-Language Pathologists:
145 shall ensure that all equipment used is calibrated and in proper working 146 order” 147
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148 E. COLLABORATION REQUIREMENTS
Audiologists must communicate effectively and collaboratively with the patient and/or the SDM and others who are involved with the patient, Standard with appropriate consent. E.1
149 Other healthcare providers may be required both for prevention and intervention. 150 Due to the potential for complications when removing cerumen, or any other 151 materials from the ear canal, Audiologists must be able to quickly refer patients if 152 further medical intervention is warranted.
153 Consent is required when communicating with others involved with the patient or 154 the SDM, as indicated in CASLPO’s Professional Misconduct Regulation and the 155 Personal Health Information Protection Act (PHIPA), 2004.
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156 F. HEALTH AND SAFETY PRECAUTIONS
157
Audiologists must employ current practices for infection prevention and Standard control. F.1
158 All intervention procedures must ensure the safety of the patient and audiologist, 159 and must adhere to current infection control practices, as indicated in the Infection 160 Prevention and Control Guidelines for Audiology, as well as additional precautions 161 where specified by the practice setting and/or the manufacturer’s instructions.
162 Audiologists must ensure that all equipment used is disinfected/sanitized in 163 accordance with the Infection Prevention and Control Guidelines for Audiology. This 164 includes sterilization of usable materials and disposal of single use items as 165 indicated.
166
167
168 169 170
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171 G. PRINCIPLES GUIDING SERVICE DELIVERY
172 1. PRINCIPLES OF CULTURALLY RESPONSIVE 173 INTERVENTION
Audiologists must make reasonable efforts to be responsive to socio- Standard cultural factors in all phases of intervention. G.1
174 Audiologists must be aware that socio-cultural factors such as age, ancestry, colour, 175 race, citizenship, ethnic origin, place of origin, creed, disability, family status, 176 marital/single status, gender expression, socio economic factors, gender identity, 177 sex, sexual orientation may affect screening, assessment, management, 178 communication and therapy relationships and must incorporate this knowledge into 179 the patient’s intervention. Equally, the audiologist must not make assumptions 180 about a patient based on their socio-cultural background. Each patient is unique 181 and should be treated accordingly. Service provision and collaboration must allow 182 the patient or their SDM a choice that is fully informed and based on unbiased 183 culturally relevant information as discussed in CASLPO’s Guide to Service Delivery 184 Across Diverse Cultures. 185
186 2. PRINCIPLES OF EVIDENCE-BASED PRACTICE
Audiologists must use evidence-based practice principles in their Standard intervention. G.2
187 CASLPO defines evidence-based practice as intervention based on the integration of 188 current research evidence with clinical knowledge, skill and judgement and patient 189 needs and values.
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190 191 Audiologists’ primary ethical obligation is to practice their skills for the benefit of 192 their patients (Code of Ethics 3.1 2011). Evidence-based practice must be patient 193 centered. The member should interpret best current evidence from research 194 combined with the member’s clinical knowledge and relate it to the patient, 195 including their preferences, environment, culture, and values.
196 3. CONSENT
197 CONSENT TO COLLECT, USE, DISCLOSE AND RETAIN PERSONAL HEALTH 198 INFORMATION
Audiologists must obtain knowledgeable consent from the patient or SDM for the collection, use, disclosure and retention of personal health Standard information. G.3
199 The Personal Health Information and Protection Act (PHIPA), 2004, requires 200 members to obtain knowledgeable consent for the collection, use and disclosure of 201 any personal health information obtained during screening, assessment and 202 management. All consent must be documented. It can be obtained in written format 203 or verbally.
204 Agencies may have various procedures for obtaining consent for the collection, use 205 and disclosure of information. These may be used if they comply with the PHIPA, 206 2004, and CASLPO requirements. 207 The Information and Privacy Commission of Ontario has outlined the criteria 208 whereby members can rely on assumed implied consent to collect, use and disclose 209 personal health information. This is known as the ‘Circle of Care’.
210 All of the following six criteria must apply:
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211 1. The Health Information Custodian (HIC) is entitled to rely on assumed 212 implied consent. Audiologists are considered HICs.
213 2. The personal health information must have been received from the individual, 214 SDM or another HIC
215 3. The personal health information was collected, used and disclosed for the 216 purposes of providing health care
217 4. The HIC must use the personal health information for the purposes of 218 providing health care, not research or fundraising
219 5. Disclosure of personal health information from one HIC must be to another 220 HIC
221 6. The receiving HIC must not be aware that the individual has expressly 222 withheld or withdrawn consent
223 Consent to collect, use and disclose personal health information can be withdrawn 224 in full or in part at any time by the patient or by his /her SDM.
225 CONSENT TO TREATMENT
Audiologists must obtain valid and informed consent for all interventions. Standard G.4
226 Audiologists must obtain valid and informed consent from the patient or SDM, as 227 indicated in the CASLPO Position Statement on Consent to Provide Screening and 228 Assessment Services for all interventions. Interventions include screening, 229 assessment, and management. Further information on consent, capacity to consent 230 and withdrawal of consent is found in the Consent and Capacity E-Learning Module 231 (Member’s Portal, select Education) and in the document, Obtaining Consent For 232 Services: A Guide For Audiologists And Speech-Language Pathologists. 233 To obtain informed consent, as defined in the Health Care Consent Act, 1996, it is 234 necessary to provide to the patient or their SDM the following information: 235 • the nature of the service 236 • the expected benefits 237 • any probable or serious risks and side effects
238 • alternative courses of action 239 • likely consequences of not receiving service
CASLPO•OAOO PAGE 11
240 Audiologists are reminded that the critical element in obtaining consent is the 241 discussion of the information as described above and not the act of signing a 242 consent form. All consent to perform a screening, assessment or management must 243 be documented.
244 Consent for screening, assessment and management can be withdrawn at any time 245 by the patient or by their SDM.
246 CAPACITY TO CONSENT TO TREATMENT
Audiologists must evaluate capacity if the ability of the patient to consent to the audiologist’s services is in doubt. Standard G.5
247 If the patient’s ability to provide informed consent for the proposed intervention is 248 in doubt, the audiologist must evaluate the individual’s capacity to consent. 249 Capacity evaluation examines the patient’s ability to understand relevant 250 information and his or her ability to appreciate the reasonably foreseeable 251 consequences of a decision or lack of decision. If the patient is found lacking in 252 capacity to consent, the audiologist must approach the SDM for informed consent. 253 The audiologist must also inform the patient on the process to appeal the finding of 254 incapacity to consent to intervention with the Consent and Capacity Board. Further 255 information regarding consent and capacity is found in Obtaining Consent for 256 Services: A Guide for Audiologists and Speech-Language Pathologists. 257
Audiologists must document every consent received regarding intervention. Standard G.6
258 CASLPO requires members to document verbal consent and to maintain any written 259 consents as evidence that the process of obtaining consent was undertaken. The 260 Records Regulation (2015) requires members to document: 261 32. (2) 14. A record of every consent provided by the patient or by the patient’s 262 authorized representative. 263 264 265
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266 4. PRINCIPLES OF RISK MANAGEMENT 267 DETERMINATION
Audiologists must identify and manage risk factors, including those related to physical and emotional risk, as well as risk to Standard communication outcomes. G.7
268 Audiologists must take steps to minimize the risks associated with removing 269 cerumen from the ear canal. The risk of harm is increased in certain populations, 270 such as infants, children, and the medically fragile.
271 These risks may be considered with respect to risk of:
272 • Physical harm (e.g. injury to the ear canal, perforation of the tympanic 273 membrane, exacerbation of chronic middle ear disease, damage to the ossicular 274 chain)
275 • Causing discomfort to the patient
276 • Worsening a condition
277 • Causing undue stress for the patient related to participation in the procedures
278 Once risks have been identified the audiologist must implement an appropriate risk 279 management plan. The plan should mitigate risk where possible and/or be able to 280 address any complications that may arise, including a plan to refer to a physician, if 281 necessary. In certain instances, immediate medical intervention may be required 282 (e.g. significant abrasion, perforation of the tympanic membrane, and/or profuse 283 bleeding of the ear canal).
284
285 5. PRINCIPLES OF DOCUMENTATION
Audiologists must document all aspects of the provision of services. Standard J.1
286 All documentation by audiologists must conform to the Records Regulation (2015).
287 For cerumen management services this would include but is not limited to:
288 • The status of the ear canal before and after the cerumen management 289 procedure has been performed
CASLPO•OAOO PAGE 13
290 • The type of management procedure used 291 • The status of the tympanic membrane
292 • Modifications made to the intervention plan based on any condition of the ear 293 canal or an inability to visualize the tympanic membrane 294 • The outcome of the management procedure 295
Audiologists must document communication and collaboration with Standard other professionals in the planning or delivery of services J.2
296 Communication and collaboration with other educational, psychosocial or health 297 care professionals in the planning or delivery of services must be documented. This 298 would include referrals to other providers.
299
Audiologists must ensure that records are securely stored. Standard J.4
300 Records must be stored securely in accordance with CASLPO’s Records Regulation 301 (2015) and any other relevant legislation, such as the Personal Health Information 302 Protection Act, 2004. Reasonable steps must be taken to ensure that personal 303 health information in the member’s custody of control is,” …protected against theft, 304 loss and unauthorized use or disclosure and to ensure that the records containing 305 the information are protected against unauthorized copying, modification or 306 disposal.” PHIPA 2004, c. 3, Sched. A, s. 12 (1). 307
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308 H. INTERVENTION: COMPETENCIES
Audiologists must have the required competencies to provide cerumen Standard management services. H.1
309 When providing cerumen management services, audiologists must ensure that they 310 possess the necessary competencies, as determined by their education, training and 311 professional experience. The intervention must be carried out in the patient’s best 312 interest and ensuring patient safety (Code of Ethics 4.2.2 2011).
313 Audiologists must possess the knowledge, skill and judgement in order to carry out 314 the intervention, which may include some or all of the following components of 315 care:
316 1. Obtaining a case history 317 2. Examination of the ear pre and post-intervention 318 3. Cerumen removal procedures 319 4. Follow-up and prevention 320 321 When audiologists determine that they do not have the required knowledge, skill 322 and judgment to provide intervention, they are advised to consult with and/or refer 323 to other health care providers with the required competencies.
324
325 1. CASE HISTORY
Audiologists must work in collaboration with the patient and/or SDM to
obtain a thorough case history, which includes relevant medical Standard information H.2
326 A thorough case history will inform the audiologist as to the nature and cause of the 327 problem. Furthermore, the case history will identify any complicating factors and/or 328 contra indicators for cerumen management.
329 COMPETENCIES FOR OBTAINING A CASE HISTORY
330 Audiologists must demonstrate the knowledge, skill and judgement in order to:
331 • Obtain and interpret valid and reliable case history and assessment data (e.g., 332 tympanogram, audiogram data)
CASLPO•OAOO PAGE 15
333 • Determine the degree and type of symptoms associated with cerumen 334 accumulation
335 • Identify exacerbating behaviours related to cerumen accumulation
336 • Obtain and interpret information provided by the patient and/or SDM related to 337 ear canal structure and function
338 • Identify and determine the impact of any conditions of the ear that may increase 339 the risks associated with cerumen removal (e.g. tympanic membrane 340 perforations, ear surgery, pathological conditions of the pinna, ear canal, and 341 tympanic membrane, myringotomy tubes)
342 • Determine the impact of any general health conditions and medications on the 343 risks associated with the intervention (e.g., immunocompromised patient, 344 patient using blood thinners)
345 346
347 2. EXAMINATION OF THE EAR
Audiologists must conduct a thorough examination of the ear prior to, Standard during, and following any cerumen removal. H.3
348 An ear examination must occur in order to determine the need for treatment, the 349 scope of the intervention, and the ability to carry out the intervention safely.
350 The audiologist will examine the pinnae, ear canal, and if possible the tympanic 351 membrane. When possible, the audiologist will conduct testing to assess the 352 function of the outer ear, tympanic membrane and middle ear.
353 Examination of the ear prior to the intervention allows the audiologist to establish: 354 the presence and consistency of cerumen, the shape and size of the ear canal, the 355 status of the tympanic membrane, and the safest removal technique. Examination 356 of the ear during and post intervention allows the audiologist to closely monitor the 357 intervention and determine the effectiveness of the procedure.
358 COMPETENCIES FOR EXAMINING THE EAR
359 Audiologists must demonstrate knowledge, skill and judgement in order to:
360 • Determine the consistency of the cerumen and whether cerumen removal is 361 appropriate or necessary
362 • Determine any conditions of the outer ear, middle ear and/or tympanic 363 membrane that may affect or prohibit treatment (e.g., active ear infection)
CASLPO•OAOO PAGE 16
364 • Identify pre-existing conditions of the ear that inform the treatment plan and 365 post-evaluation (e.g., abrasions in the ear, bleeding, redness, scarring of the 366 eardrum)
367 • Recognize variations and/or abnormalities in anatomy that affect treatment and 368 post evaluation (e.g., exostoses)
369 • Monitor the status of the tympanic membrane, middle ear, and outer ear canal 370 throughout the procedure (before, during, and after the intervention)
371 • Identify when it is appropriate to proceed with or discontinue any removal 372 technique
373 • Identify when a medical referral is required 374
375 3. REMOVAL OF CERUMEN
Audiologists must have the competencies to perform the required Standard techniques or procedures to remove cerumen. H.4
376 A variety of approaches may be used to remove cerumen from the ear canal 377 including softening agents, mechanical removal, suctioning, irrigation or a 378 combination of these methods. Any procedure for removal of cerumen from the ear 379 canal should be considered an invasive procedure with a risk of complication or pain 380 and discomfort to the patient. Audiologists should proceed with caution and never 381 work beyond their level of professional competence.
382
383 GENERAL COMPETENCIES FOR REMOVAL OF CERUMEN
384 Audiologists must possess knowledge, skill and judgement in order to:
385 • Determine the preferred procedure or technique for removal based on the 386 case history and examination of the ear 387 • Continually assess the effectiveness of the selected technique, the need for 388 an alternative approach or to combine approaches, and/or the need to 389 discontinue the intervention 390 • Continually assess and confirm the comfort of the patient and their ongoing 391 consent to continue throughout the intervention
CASLPO•OAOO PAGE 17
392 • Recognize the conditions and/or circumstances arising from the intervention 393 that require a medical referral (e.g., profuse bleeding in the ear canal, 394 perforation of the ear drum)
395
396 In addition to these general competencies, audiologists must possess specific 397 competencies associated with specific procedures.
398
399 COMPETENCIES FOR CERUMEN SOFTENING
400 Cerumenolytic agents are designed to soften or dissolve cerumen. Audiologists 401 must demonstrate the knowledge, skill and judgement in order to: 402 • Determine when the use of cerumenolytic agents is appropriate
403 • Select the appropriate cerumenolytic agents 404 • Provide counseling and explain appropriate methods for their use, including 405 the manufacturer recommended methods 406 • Recognize possible side effects (e.g. allergic reaction)
407 • Identify contraindications for the use of specific cerumenolytic agents 408 409
410 COMPETENCIES FOR REMOVAL OF CERUMEN BY MECHANICAL EXTRACTION, 411 AURAL SUCTIONING, AND AURAL IRRIGATION
412 When proceeding to remove cerumen from the ear canal using mechanical 413 extraction, aural suctioning, and/or aural irrigation audiologists must demonstrate 414 the knowledge, skill and judgement in order to:
415 • Select the appropriate equipment and instruments, such as curettes and 416 suction tips, based on the patient’s ear canal size and shape 417 • Determine contraindications (e.g., tinnitus or hyperacusis for aural 418 suctioning, myringotomy tubes for aural irrigation)
419 • In the case of aural irrigation, determine the appropriate water temperature, 420 apply the appropriate water pressure and angle that will effectively dislodge 421 the cerumen, and determine if drying agents should be employed 422 • Prevent and/or minimize any instrument contact with the ear canal and 423 tympanic membrane
424
425
CASLPO•OAOO PAGE 18
426 4. FOLLOW-UP AND PREVENTION
Audiologists must provide education, counseling, and follow-up care to
mitigate future cerumen accumulation and to educate the patient or Standard SDM on ear hygiene H.5
427 The importance of prevention must be stressed, along with education on any 428 behaviours that will mitigate future issues.
429 COMPETENCIES FOR FOLLOW-UP CARE AND/OR PREVENTION
430 Audiologists must demonstrate knowledge, skill and judgement in order to: 431 • Provide education and counseling regarding the risks of cerumen 432 accumulation 433 • Determine the need and extent of a follow-up care plan
434 • Educate the patient regarding appropriate ear care and ear hygiene
CASLPO•OAOO PAGE 19
435 J. GLOSSARY 436 437 ACOUSTIC IMMITTANCE 438 A measurement of energy or air pressure flow, involving the ear canal, eardrum, 439 ossicular chain, and certain muscles and nerves of the ear. Also known as 440 impedance audiometry a primary purpose of this group of measurements is to 441 determine the status of the tympanic membrane and middle ear via 442 tympanometry. 443 444 CERUMEN/EAR WAX 445 A substance found in the external ear canal, which is composed of a mixture of 446 secretions from sweat glands in the ear with epithelial cells, hair, and other 447 particulate matter. Also known as “ear wax” cerumen is a naturally occurring 448 substance that cleans, protects, and lubricates the ear canal. 449 450 CERUMEN MANAGEMENT 451 Removal of cerumen from the external ear canal using any intervention or 452 procedure. Cerumen management also involves recommendations and counseling 453 provided to the patient regarding ear hygiene and the prevention of cerumen 454 accumulation. 455 456 CERUMENOLYTIC AGENT 457 A chemical agent that is instilled into the ear canal in order to soften or dissolve 458 cerumen to facilitate its removal. 459 460 EXOSTOSES 461 Benign bony overgrowth of the bony portion of the external auditory canal brought 462 about by exposure to cold wind and water combined. 463 464 EXTERNAL AUDITORY/EAR CANAL/OUTER EAR 465 The tube or passage made of skin and bone that runs from the opening at the pinna 466 to the middle ear and directs sound to the tympanic membrane. 467 468 HYPERACUSIS 469 Heightened auditory perception, often accompanied by painful sensitivity to 470 ordinary environmental sounds, to the extent that normal sound levels are 471 intolerable. 472 473 INTERVENTION 474 Intervention includes screening, assessment, treatment, management, consultation, 475 education and counselling. 476 477 MANAGEMENT 478 Refers to treatment, monitoring, follow up, education, counselling, and discharge 479 planning.
CASLPO•OAOO PAGE 20
480 481 MIDDLE EAR 482 A part of the ear that consists of the tympanic membrane and the space behind it 483 that houses the ossicular chain, which transmits sound vibrations from the tympanic 484 membrane to the inner ear. 485 486 MYRINGOTOMY TUBE 487 Small tubes made of plastic or metal open at both ends and placed in an incision 488 made in the tympanic membrane by a physician for the removal of middle ear fluid 489 (myringotomy procedure). Myringotomy tubes allow the middle ear space to be 490 aerated. Also known as a tympanostomy tube or “ear tube”. 491 492 OSSICULAR CHAIN 493 The small bones of the middle ear that are articulated to form a chain for the 494 transmissions of sound from the tympanic membrane to the oval window 495 496 OTOSCOPE 497 A hand-held tool with a speculum and light source used to magnify and examine the 498 external ear canal. 499 500 OTOSCOPIC EXAMINATION/OTOSCOPY 501 The examination of the ear canal and tympanic membrane through the use of 502 an otoscope. 503 504 PINNA/PINNAE/AURICLE 505 The visible cartilaginous structures of the ear that lie outside the head. Also known 506 as auricle(s), which are the outer projecting portions of the ear. 507 508 SUBSTITUTE DECISION MAKER (SDM) 509 An individual such as a relative, trustee, guardian or person with power of 510 attorney who is permitted to make a decision on behalf of another individual 511 who is deemed incapable of making his/her own decisions regarding personal 512 health information or treatment. 513 514 TINNITUS 515 The sensation of ringing, buzzing, chirping, or hissing in the ear. 516 517 TYMPANIC MEMBRANE 518 Also known as the eardrum, a thin membrane that serves as a partition between 519 the external ear and the middle ear and transmits the motion of sound waves to the 520 ossicular chain in the middle ear 521 522 TYMPANOMETRY 523 An objective test of middle ear function that provides information on the condition 524 and mobility of the tympanic membrane and ossicular chain by creating variations 525 of air pressure in the ear canal. 526
CASLPO•OAOO PAGE 21 REPORT TO COUNCIL
EXECUTIVE COMMITTEE MEETING DATE February 16, 2018 REPORT DATE February 23,2018
The Executive Committee monitors and coordinates the work of the committees of Council and ensures that Council has all the pertinent information that it requires prior to making decisions. The Committee recommends the composition of all committees for the upcoming cycle of Council meetings and develops the schedule of Council meeting dates. The Committee deals extensively with matters concerning external relations involving the Ontario Association of Speech-Language Pathologists and Audiologists (OSLA), Canadian Alliance of Audiology and Speech-Language Pathology Regulators (CAASPR) and the Federation of Health Regulatory Colleges of Ontario (FHRCO). The Committee develops program concepts for Council learning development enhancements, and has a particular focus on governance matters and transparency and accountability initiatives. The Committee completes a formal annual performance appraisal of the Registrar.
1. The Executive met on February 16, 2018.
2. Evaluation of December 8, 2017 Council Meeting.
Council member survey feedback was very positive overall, although the participation rate was lower than usual.
3. Registrar’s Report
B. O’Riordan summarized the Registrar’s report provided. It was agreed to address at the March 2, 2018 Council meeting in more detail why CAASPR is involved in competency development. The Registrar summarized some of the potential external political factors that may impact Council decision making and next steps including the soon to be released second McMaster Health Forum report and the upcoming provincial election. Satpaul Singh Johal, CASLPO Council public member was re- appointed to CASLPO Council from Jan 28, 2018 –Jan 27, 2021.
4. Succession Planning for Council (Governance Matter) Executive considered strategies to enhance Council succession planning, specifically options related to committee chair selection and recruitment of more and increasingly diverse non-council members. Executive agreed to develop governing principles for Committee selection should any gaps be identified and should a change be warranted. Examples of other RHPA Colleges’ approaches in terms of how Committee Chairs are determined was reviewed. Additionally, the ‘Eligibility and
Competency-Based Appointment Framework’ developed by the Advisory Group for Regulatory Excellence was reviewed. After a fulsome discussion, considering CASLPO’s core values, consensus was reached to enable enhanced functioning capability to: - Include the overarching topic of ‘Succession Planning’ at CASLPO’s March 1, 2018 Strategic Planning section - Enhance Committee and Committee Chair selection procedures to make them more transparent It was agreed for the strategic planning agenda to include an item ‘How to enhance our recruitment’ with recommendations for consideration. Consensus was also reached to enhance the Chair Training session.
5. Strategic Plan 2015-18 Update
C. Bock summarized the report, and reviewed the highlights of the Strategic Plan. C. Bock proposed that going forward, the report to Executive indicate any items off track, asking Executive to raise any questions at the Executive meetings. For Council, any project activity changes will be identified within the report. To maximize limited time at the upcoming CASLPO Strategic Planning session March 1, 2018, Executive consensus was for Council to review preparation material to be sent in advance in two parts. The day will illuminate where we are now versus where we want to go, enabling a gap analysis and concrete goals in conjunction with a path on how to get to those goals. Staff will operationalize the goals before bringing an update back in June 2018.
6. Proposed By-Law Revisions for By-Law 2011-1 – Update
The Registrar reported that By-Law 2011-1 amendments are near completion to bring to Council. The amendments will be presented at CASLPO’s Council meeting to enable Council direction specific to amendments made throughout, that have either been flagged by staff or Council members. Cathi Mietkiewicz of Steinecke, Maciura, LeBlanc, was secured to do a thorough review to identify areas of improvement and modernization central to CASLPO governance.
If Council reaches consensus on the proposed changes, the revised By-Law 2011-1 can move to a vote in June following the ‘1st reading’ on March 2, 2018.
7. Guide for the Provision of Second Opinions
A.Carling summarized the project work thus far, noting that this is a new document specific to the need for a formal second professional opinion request. Executive consensus was to circulate the Guide but to consider that the ‘second opinion’ definition may need to be changed eventually to improve clarity.
8. Practice Standard for Cerumen Management
S. Joglekar gave a brief summary of the document provided, noting that the document was reviewed over the course of four Audiology Practice Advice Committee meetings.
9. 1st Quarter (Oct.-Dec. 2017) Financial Report
R. Cimerman summarized the report. The simplified format changes and additions were well received. Executive was mindful that the first quarter is early, so the budget will be monitored and recalibrated if needed over the remaining three quarters to enable meeting budgetary targets.
10. Executive Approved for forwarding to Executive Council the draft Professional member election schedule.
REPORT TO COUNCIL REGISTRATION COMMITTEE
MEETING DATE March 2, 2018 REPORT DATE February 22, 2018
The Registration Committee provides a fair and transparent process for reviewing and deciding on applications for registration in accordance with the Regulated Health Professions Act, College regulations, and matters that have been referred to it by the Registrar where the Registrar: (a) has doubts, on reasonable grounds, about whether the applicant fulfills the registration requirements; (b) is of the opinion that terms, conditions or limitations should be imposed on a certificate of registration of the applicant and the applicant does not consent to the imposition; or (c) proposes to refuse the application.
The Committee also advises Council and makes recommendations on matters relating to entry to practice standards, registration regulations, and related matters. It also addresses issues of reporting practices concerning Ontario’s Office of the Fairness Commissioner.
A panel of the Registration Committee met on December 19, 2017 to consider the following cases:
Profession No. of Cases Type Decision
Speech-Language 2 Coursework/Practicum 1 proposal accepted Pathology Proposal 1 proposal refused. TOTAL 2
REVIEWS/HEARINGS UPDATE Applicants have requested a review or hearing by the Health Professions Appeal and Review Board (HPARB) following a decision made by a panel of the Registration Committee:
Profession Type of Appeal Date of Registration Update Committee Decision
Speech- Review February 9, 2017 On November 22, 2017, the Language Board referred this application Pathology back to the Committee for further consideration. The Committee’s reconsideration of this application is pending.
Speech- Hearing May 9, 2017 On February 18, 2018, appeal Language withdrawn. Pathology
Page 1 REPORT TO COUNCIL
QUALITY ASSURANCE COMMITTEE FROM Alexandra Carling-Rowland MEETING DATE March 2nd 2018 REPORT DATE February 22nd 2018
Quality Assurance is a statutory committee mandated to promote, maintain and evaluate continuing competence among members, and to ensure the quality of practice of the professions in accordance with the legislation, regulations, standards, guidelines and policies of the College, thereby protecting the public. The Quality Assurance (QA) committee met in person on January 24th 2018 for a half-day meeting.
1) PEER ASSESSMENT
A) 2017 PEER ASSESSMENT PROCESS The committee completed their review of the 45 Peer Assessment Reports for 2017. To date, 38 members were found to have the required knowledge, skills and judgement (84%), and seven members were found to need work to meet the standard (16%). One of the seven members was issued a Specified Continuous Education and Remediation Program (SCERP).
B) NON-CLINICAL PEER ASSESSMENT PROCESS The pilot of the Non-Clinical Peer Assessment process has been completed. The five members who participated in the pilot were non-clinical members who had previously been randomly selected to participate in peer assessment. The committee reviewed the peer assessment reports and found the members’ knowledge, skill and judgement to be satisfactory. The committee also reviewed information and recommendations from two focus groups, the members who participated and the peer assessors completing the pilot. The committee want more information on what ‘not meeting the standard’ might look like. This will be discussed with the peer assessors at their refresher day and feedback will be brought to the committee. The committee decided that the non-clinical peer assessment process for 2018 will be trialled in its current format.
C) ROLE OF PEER ASSESSORS AS EDUCATORS The committee supported a proposal to allow peer assessors to educate or remediate members during the peer assessment site visit following specified criteria: When and when not to remediate must be clear Data needs to be reported to staff regarding the indicators that need work to meet the standard and remediation.
Accountability and reliability - the Peer Assessors must require the same types of follow-up evidence with each member to ensure that the standard is now being met. The QA committee want to be informed of the members who participate in remediation. The committee agreed that peer assessors should review all of the SAT indicators to determine if the remediation process is feasible, or if an indicator is high risk to the patient if the standard is not met. Also, to provide the committee with their results and examples of behavior/forms/processes that could benefit from immediate remediation.
2) 2018 SELF-ASSESSMENT TOOL (SAT)
The 2018 Self-Assessment Tool submission has been completed (please refer to separate memo)
REPORT TO COUNCIL
INQUIRIES, COMPLAINTS AND REPORTS COMMITTEE (ICRC)
MEETING DATE March 2, 2018 REPORT DATE February 21, 2018
The Inquiries, Complaints and Reports Committee (ICRC) is the statutory committee that considers all complaints and reports made to the College regarding members. The ICRC acts as a screening committee, and has the responsibility to determine whether or not allegations warrant a referral to the Discipline Committee for a hearing. If a referral is not merited in a particular case, the ICRC may make other decisions in accordance with the legislation.
Operationally, the ICRC meets by way of two standing panels to deal with cases, with respective panels maintained for each profession. The full committee meets for purposes of training and policy deliberation.
CASE STATUS UPDATE
There are currently 38 open cases on the ICRC roster.1 Open cases are those where a decision has not yet been sent to the member. Two (2) of the cases involve matters pre‐dating 2015 and 14 involve matters originating in 2015 and the same complainant. There are two (2) open cases from 2016: both reports. There are seventeen (17) open cases from 2017: nine (9) complaints, seven (7) reports and one (1) incapacity matter. Three (3) new matters began in 2018: one (1) new complaint and two (2) reports.
Of the cases opened prior to 2015, one began in 2014: a mandatory report. This matter has been reviewed by the panel and the decision is being drafted. One (1) matter from 2013 is an incapacity inquiry. In the incapacity inquiry, the member’s certificate of registration has been suspended pending completion of an independent medical assessment. The College is taking additional action to have the member comply with medical testing.
Since the last report to Council, the ICRC has rendered decisions in three (3) cases.
1 The numbers in this report only include received complaints and matters where an investigator has been appointed. Other matters are dealt with informally though the Professional Conduct department and are reported to the ICRC when a resolution cannot be achieved. Page 1 of 2
Breakdown of Open Cases by Profession Complaints: Audiology 2 (2017‐2 cases) Speech‐Language Pathology 22 (2018‐1 case; 2017‐7 cases; 2015‐14 cases) Registrar’s Reports: Audiology 8 (2018‐1 case; 2017‐ 5 cases; 2016‐2 cases) Speech‐Language Pathology 4 (2018‐1case; 2017‐2 cases; 2014‐1 case) Incapacity Inquiries: Audiology 1 (2013‐1 case) Speech‐Language Pathology 1 (2017‐1 case)
ICRC PANEL AND COMMITTEE MEETINGS SINCE NOVEMBER 15, 2017 (DATE LAST REPORT FOR COUNCIL WAS PREPARED)
The SLP panel met on January 31, 2018. The AUD panel met on January 24 and February 12, 2018. Both panels are scheduled to meet in March, and additional meetings are being scheduled for the remainder of the 2018 Council term.
HEALTH PROFESSIONS APPEAL AND REVIEW BOARD (HPARB)
Three (3) ICRC decisions involving the same complainant are under review by the Board as of September 7, 2017. The College attended the pre‐review conference on January 29, 2018. The case review is scheduled for April 12, 2018.
For a review of initiated on June 20, 2017, the College attended the pre‐review conference on October 2, 2017 and the case review on November 15, 2017. A decision from HPARB is pending.
For a review initiated on October 6, 2017, the College attended the pre‐review conference on February 1, 2018. The case review is scheduled for March 14, 2018.
The reviews above were all initiated by the complainant.
Page 2 of 2
REPORT TO COUNCIL
DISCIPLINE COMMITTEE MEETING DATE March 2, 2018 REPORT DATE February 21, 2018
The mandate of this statutory Committee is to hold hearings on allegations of incompetence or professional misconduct referred to it from the Inquiries, Complaints and Reports Committee.
STATUS OF DISCIPLINE MATTERS
There are currently two (2) referrals before the Discipline Committee.
Specified allegations regarding one member were referred to the Discipline Committee on April 15, 2016.1 A pre‐hearing conference was held in July 2017 and hearing dates have been set for March and April 2018.
Specified allegations regarding the second member were referred to the Discipline Committee on June 20, 20172 and the hearing was held on February 8, 2018. The panel found that the member had engaged in professional misconduct and made an order as to penalty and costs. The written reasons of the panel have not yet been released.
With respect to the Brenda Berge matter (professional misconduct for using the title “Dr.”), Ms. Berge has sought leave (permission) to appeal to the Supreme Court of Canada regarding the most recent Court of Appeal decision, which denied her leave to appeal. The written submissions to the Court were provided on January 17, 2018. The Court typically takes 3 months to provide a decision on leave applications.
DISCIPLINE COMMITTEE MEETINGS SINCE NOVEMBER 15, 2017 (DATE LAST REPORT FOR COUNCIL WAS PREPARED)
The Committee met on October 24, 2017 to elect a new Chair. Ruth Ann Penny was acclaimed as Chair for the 2017‐2018 term. The Committee will meet for training on February 28, 2018. Further meetings of the Committee will be scheduled as needed to deal with training and policy matters.
1 Notice of Hearing has been posted to the public register (as required under the recent changes to the College’s Bylaw No 2011‐6, Article 7.1.6.2). 2 Notice of Hearing has been posted to the public register (as required under the recent changes to the College’s Bylaw No 2011‐6, Article 7.1.6.2). Page 1 of 1
REPORT TO COUNCIL
SPEECH LANGUAGE PATHOLOGY PRACTICE ADVISORY COMMITTEE MEETING DATE March 2nd 2018 REPORT DATE Feb 22nd 2018
The Speech-Language Pathology Practice Advisory Committee (SLP PAC) is a non-statutory standing committee which provides advice to Council on matters affecting speech-language pathologists and the practice of speech-language pathology.
The SLP PAC met for a 90 minute teleconference meeting on January 29th 2018.
1. DOCUMENT REVISION AND DEVELOPMENT
1.A) GUIDE FOR THE PROVISION OF SECOND OPINIONS The committee reviewed the feedback provided by the Audiology Practice Advisory Committee on the Guide for the Provision of Second Opinions. Formatting of content and other minor changes were made. The SLP PAC decided that the Guide for the Provision of Second Opinions should be sent to Council with the recommendation that it be approved for member and stakeholder response.
REPORT TO COUNCIL
AUDIOLOGY PRACTICE ADVISORY COMMITTEE
MEETING DATE March 2nd 2018 REPORT DATE Feb 22nd 2018
The Audiology Practice Advisory Committee (AUD PAC) is a non-statutory standing committee that provides advice to Council on matters affecting audiologists and the practice of audiology.
The last meeting of the AUD PAC was a full day face-to-face meeting on December 11th, 2017. The committee welcomed new members Kimberly Eskritt and James Maur.
1. REVIEW OF PRACTICE STANDARDS FOR CERUMEN MANAGEMENT
The committee reviewed the 3rd draft of the Practice Standards for Cerumen Management. Additional formatting of content and minor changes were made. The AUD PAC decided that the document was ready to be sent to Council with the recommendation that it be approved for stakeholder response (please refer to the memo on the Practice Standards for Cerumen Management).
2. REVIEW OF THE GUIDE FOR THE PROVISION OF SECOND OPINIONS
The committee reviewed the Guide for the Provision of Second Opinions developed by the SLP PAC. Fulsome discussion led to a series of suggested revisions including returning the document to SLP PAC.
3. HEARING AIDS ACQUIRED WITHOUT A PRESCRIPTION The committee engaged in discussion related to the public acquiring hearing aids without a prescription, either by purchase over the internet, by receiving a donated device, or potentially over-the-counter in the United States with changing legislation. It was agreed that current practice standards adequately address the situation of a patient in Ontario seeking services from an audiologist for hearing aids acquired without a prescription. The committee decided to form a working group, composed of one audiologist member and one public member, to work with staff to develop a public awareness piece based on a previous draft about buying hearing aids on the internet. The public awareness piece will focus on the benefits to the public of working with an audiologist when trying hearing aids, no matter how they are acquired. The working group met on January 8th, 2018 to review the first draft of the public awareness piece. A teleconference with the AUD PAC to review the piece is being scheduled in March 2018.
REPORT TO COUNCIL
PATIENT RELATIONS COMMITTEE FROM Brian O’Riordan/Lisa Gibson MEETING DATE March 2, 2018 REPORT DATE February 26, 2018
This committee’s primary duty is to establish a patient relations program, which includes a sexual abuse prevention plan and may make recommendations about the amount of funding a College commits to assist victims of sexual abuse by members. The Committee may also develop initiatives relating to public education and awareness.
SUMMARY
1. The Patient Relations Committee met on February 22, 2018 to review CASLPO’s public awareness projects and to elect a Chair. The Committee congratulated S. Wilson and thanked outgoing Chair S. Singbeil, for her service, and also R. Fisher.
2. L. Gibson directed the Patient Relations Committee to the project guidance principles that were developed and approved at the Patient Relations Committee Meeting July 21, 2016. The principles were reviewed together in detail as a refresher for past members. The Committee was asked to consider these 6 principles in addition to the strategic plan goals, budget and resources when making project decisions: 1) “Leverage member involvement where we can, to facilitate distribution of Public Awareness tools, such as videos and brochures ensuring minimal effort for members and direct benefits for the public and members. 2) Always keep in mind CASLPO’s provincial mandate. 3) Efforts should have a multi-cultural outreach component. 4) Social media presence should be explored as a priority. 5) Leverage existing assets (videos and brochures) to increase public awareness and education, while continuing to be transparent and accountable. 6) Consider niche opportunities for public awareness that are congruent with these principles.”
3. Public Awareness Initiative (Presentation) L. Gibson presented an overview of CASLPO’s public awareness initiative and communication deliverables and tactics implemented in Years 1 and 2 and 3, with the Patient Relations Committee’s input and approval.
Recommendation: The patient-relationship poster that the Committee directed staff to develop, was brought to the Committee for review and input.
The Committee was reminded that the poster exploration and preparation effort not only considered CASLPO’s public polling in year 1, it also included member survey feedback specific to the poster. Working together with a strategic brand marketing communications agency, it was noted that staff developed an impactful, meaningful public poster with simple messaging that will resonate with the membership as well, and that also integrates CASLPO’s brand considering recent logo and website refresh and newly developed assets.
The Patient Relations Committee was asked if the poster achieved the following:
• Does this poster support and further the College’s mandate to regulate the professions in the public interest? • Does this poster support the strategic direction of the College and the strategic plan goal “Increase the public’s awareness of the College and its Members” by educating the public about the College and Its members? Considering the challenging task of striking a balance for this poster to also resonate with members so they will display it for the public to see, does the Committee feel that balance was achieved? Does the committee support that this poster ensures that public protection remains at the forefront? Each of the Committee members had an opportunity to provide input. Overall, the committee agreed with the look and feel including public focused “real people” imagery, and simplified messaging. There was consensus to modify the text in a couple of areas. Consensus was for strong approval to proceed with this poster.
FINANCIAL REPORT FISCAL YEAR OCTOBER 1, 2017 - SEPTEMBER 30, 2018 Budget For the 3 Months Ending December 31, 2017 2016-2017 2017-2018 Actual Budget Variance 1.
Total Revenue 2,997,900 3,104,250 755,125 776,580 (21,454)
Expenditures Salaries and Benefits 1,434,900 1,532,800 360,698 353,250 (7,448) Office and General 409,600 424,450 86,844 92,730 5,885 Council & Committees 197,000 181,000 31,963 33,500 1,537 Quality Assurance 109,600 106,300 16,443 18,165 1,722 Registration 32,500 47,300 - - - Professional Fees and Consultants 162,900 220,500 37,362 37,065 (297) Member Education and Publications 25,600 26,600 4,422 5,775 1,353 Investigations and Hearings 416,000 413,100 59,221 62,480 3,259 Public Awareness 50,900 61,100 1,976 2,220 244 Depreciation and Amortization 30,900 26,100 5,646 6,525 879
Total Expenditures 2,869,900 3,039,250 604,575 611,710 7,135
Net Operating Profit 128,000 65,000 150,550 164,870 (14,319)
NOTES: 1. For Variances above, a negative variance (xx,xxx) indicates an unfavourable variance from budget; a positive variance indicates a favourable variance from budget. BIG PICTURE SUMMARY
REVENUE $ 755,125 $ 21,454 LOWER than budget (we generated less revenue than expected) Revenue is at 97% of budget. Revenue is lower than budget in two areas: membership fees and late fees. -CASLPO experienced larger than expected resignations and transfers to Non-Practising at renewal -The registration team introduced improved resources to help members meet the renewal deadline thereby reducing the imposition of late fees
EXPENSES $ 604,575 $ 7,135 LOWER than budget (we spent less than budgeted) Overall, total expenses are within 1% of budget. There are a number of expense categories that were lower than budget and a couple that were higher than budget. Please see the CASLPO Operations - Details for detailed explanations.
NET OPERATING PROFIT $ 150,550 $ 14,319 LOWER than budget (we generated less profit than expected) The variance from budget is being caused by the revenue shortage which will continue to grow over the following 9 months of the fiscal year. There are a number of expense items that are not fixed and can be cut or deferred in order to meet our budget goal for the year. Due to the fact that we are only in the first quarter of the fiscal year, it is recommended that no robust action be taken at the current time until we can evaluate the impacts of the revenue shortfall against key budget categores, such as I&H. CASLPO Operations - Details Footnote explanations of significant variances, to December 31, 2017: Variances - Budget Budget Budget Actual (over) / under 2016/2017 2017/2018 To Dec 2017 to Dec 2017 Budget Revenue Membership fees 2,879,900 2,956,700 733,262 716,202 (17,060) 1 1 Fewer General member renewal fees due to larger than expected resignations and transfers to Non-Practising. At renewal, the General member class shrunk by 0.5% whereas past trends showed growth of 3% on average. Registration fees 36,600 38,000 7,600 9,600 2,000 Application fees 19,600 34,050 5,448 4,600 (848) Other fees 14,800 21,500 16,770 10,042 (6,728) 2 2 Less than expected late fees generated at renewal due to the successful tactics implemented by the Registration team to reduce member phone calls and improve the timeliness of renewals. Investment income 47,000 54,000 13,500 14,681 1,181 Total Revenue 2,997,900 3,104,250 776,580 755,125 (21,454)
Expenditures
Salaries and Benefits Salaries 1,193,800 1,272,900 302,950 305,395 (2,444) 3 3 In order to meet the increasing demands of the College workload, EA to Registrar & Deputy Registrar was changed from a contract position to a Employment insurance 17,800 19,500 780 1,493 (713) 3 permanent full-time employee with benefits. Additionally, the International Applications Coordinator was changed from a contract position to a Canada Pension Plan 32,600 38,000 1,520 3,545 (2,025) 3 permanant 3 day a week employee in order to comply with the Employment Standards Act. Employee benefits 169,200 184,400 46,100 48,670 (2,570) 3 Temporary help 5,000 5,000 1,250 1,503 (253) Learning and development 16,500 13,000 650 92 558 1,434,900 1,532,800 353,250 360,698 (7,448)
Office and General Photocopier and fax 10,500 9,700 2,425 2,131 294 Courier 1,000 1,000 250 75 175 Telephone and teleconference 15,900 13,900 3,475 3,372 103 Insurance 8,300 8,200 2,050 1,992 58 Membership dues 36,100 38,700 2,322 2,471 (149) Office and sundry expenses 19,500 22,400 5,600 3,682 1,918 Repairs and maintenance 2,000 400 100 - 100 Credit card fees and bank charges 63,000 80,200 8,020 7,088 932 Internet services 4,000 2,500 625 461 164 Rent and operating costs 200,600 206,400 51,600 46,595 5,005 Travel 16,700 15,700 3,925 2,664 1,261 CAASPR 9,000 7,350 1,838 1,486 351 Payroll services 3,000 3,000 750 635 115 Presentations 20,000 15,000 9,750 14,192 (4,442) 409,600 424,450 92,730 86,844 5,885
Council & Committees Professional members - Honoraria 108,000 97,000 19,400 18,712 688 Professional members - Expenses 64,000 69,000 10,350 9,737 613 Council learning & development 25,000 15,000 3,750 3,514 236 197,000 181,000 33,500 31,963 1,537
Aud. & SLP Practice Committees Practice Standards & Guidelines 32,000 4,000 - - - Quality Assurance Peer assessment expenses 53,000 74,000 11,840 10,689 1,151 Self assessment expenses 11,600 17,300 4,325 3,082 1,243 CASLPO Forums 6,000 4,000 2,000 2,671 (671) Jurisprudence 7,000 7,000 - - - 109,600 106,300 18,165 16,443 1,722
Registration Mentorship program 31,000 46,000 - - - Accreditation of university programs 1,500 1,300 - - - 32,500 47,300 - - -
Professional Fees and Consultants Legal 40,000 65,000 8,450 4,910 3,540 Information technology 30,200 38,500 4,620 4,317 303 Other consultants 60,000 85,500 16,245 20,635 (4,390) 4 4 Human resource consultant work to revamp job descriptions and performance management system. Audit 31,000 31,000 7,750 7,500 250 Translation 1,700 500 - - - 162,900 220,500 37,065 37,362 (297)
Member Education and Publications Website maintenance 6,000 3,000 750 1,157 (407) Outgoing communication 7,100 11,100 2,775 1,688 1,087 Publications 8,500 9,000 2,250 1,578 672 Elections 4,000 3,500 - - - 25,600 26,600 5,775 4,422 1,353
Discipline Hearings Legal 311,000 342,000 41,040 35,803 5,237 Complaint Investigations Investigators 91,700 53,600 21,440 23,418 (1,978) Hearing expenses 8,800 13,000 - - - SCERPS 4,500 4,500 - - - 416,000 413,100 62,480 59,221 3,259
Public Awareness Research - - - - - Production 4,800 14,800 2,220 1,976 244 Distribution 46,100 46,300 - - - 50,900 61,100 2,220 1,976 244
Amortization and Depreciation 30,900 26,100 6,525 5,646 879
Total Expenditures 2,869,900 3,039,250 611,710 604,575 7,135
Net Operating Profit (Deficit) 128,000 65,000 164,870 150,550 (14,319) MEMORANDUM
SELF ASSESSMENT TOOL SUBMISSION: 2018
TO Council FROM Alex Carling, Director of Professional Practice and Quality Assurance DATE Feb 20th 2018 MEETING DATE Mar 2nd 2018
FOR INFORMATION PURPOSES
All Academic and General Members of CASLPO were required to submit their online Self- Assessment Tool (SAT) by 11.59 pm. EST, January 31st 2018.
NEW REQUIREMENT
All members were asked to review By-law 2011-7A - A By-law relating generally to Professional Liability Insurance, and to confirm that they are in compliance with the By-law for all business locations where they practice by checking a ‘box’ in the Professional Accountability section of the SAT. There were 3,366 hits on the by-law. COMMUNICATIONS AND SUPPORT Staff fielded less calls and e-mails regarding the submission process than previous years. Staff received 11 calls regarding professional liability insurance. Five e-mail blasts were sent to the membership in January 2018. The first was sent to all General and Academic members, four were targeted to those members who had yet to submit. The final reminder was sent from the director’s email. All e-mail blasts provided links to the videos, the SAT Guide, a document outlining the consequences of missing the submission date, the Accommodation process and staff contact information.
SAT SUBMISSION DATA
2018 2017 2016 2015 2014
Acad/Gen 3,635 3,584 3,498 3,408 3,334 Membership Submitted SAT 3,594 (99%) 3,545 (99%) 3,366 (96%) 3,238 (95%) 3,084 (92%) Extensions 8 3 5 9 6
CASLPO●OAOO Page 1 of 3 2018 2017 2016 2015 2014
Changed 28 9 6 15 5 Membership Members who 26 (0.7%) 27 (0.75%) 121 (3.4%) 146 (4%) 235 (7%)
missed the SLP 21 (81%) SLP 22 (82%) deadline AUD 5 (19%) AUD 5 (18%) Submitted by 21 17 97 117 199 08/02 (+ 2 CLAC (+ 1 CLAC issues) issue) Missed 08/02 3 (0.1%) 10 (0.3%) 23 (0.6%) 29 (0.8%) 36 (1%) deadline
MEMBER DATA
2018 2017 2016 2015 2014
Non-clinical 156 (4%) 154 164 167 SAT French Clinical 69 (2%) 68 76 68 17 SAT Fr. Non-clinical 1 2 3 SAT Perform 699 (19%) 673 647 controlled act of prescribing a hearing aid Members 812 (23%) 815 753 Delegated Controlled Acts Members 1653 (46%) 1621 1543 1544 supervising Support Personnel
OUTSTANDING SAT SUBMISSIONS The 26 members who missed the January 31st 2018 deadline were sent an e-mail informing them of their requirement to comply with the Regulated Health Professions Act (1991), the Quality Assurance Regulation and to submit their SAT. Furthermore, they were told their information will be forwarded to the Quality Assurance (QA)
CASLPO●OAOO Page 2 of 3 Committee, and that they must send a written explanation to the committee as to why they did not meet the submission deadline. The members had to submit their SAT and letter of explanation by midnight, February 8th 2018. Twenty-one members met the submission deadline and two members completed the SAT but did not have sufficient CLACs for 2017.
The three members who missed the February 8th 2017 deadline were sent a registered letter to their preferred mailing address informing them of their requirements outlined above. Two have since submitted their SAT and a letter of explanation.
OVERALL SUMMARY
The process of completing and submitting the 2018 SAT was a success. We are increasing the submission rates at every phase of the process. I wish to acknowledge the help and support from all of the College staff, especially, Sarah Chapman Jay and Julie McFarland. Also, we acknowledge the support provided by Claymore, the company that developed and runs the SAT program.
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