Rosen Sunshine’s Top 10 Blog Posts of 2023
Each year, Rosen Sunshine strives to provide its readers with up-to-date analysis of important developments in health and regulatory law in Ontario.
Here we present the top 10 blog posts from 2023 which generated the most interest among our readers.
1. Peterson v. College of Psychologists of Ontario
When can a professional’s public statement constitute professional misconduct? We address some of the key takeaways from Peterson v. College of Psychologists of Ontario in this top blog post of 2023.
2. Complaints that are Vexatious, Frivolous or an Abuse of Process
In this blog post, we examine when and how the ICRC can dispose of a complaint on the basis of being "frivolous, vexatious, made in bad faith, moot or otherwise an abuse of process".
3. Snooping and Unauthorized Access to Medical Records
Electronic medical records are now commonplace for many healthcare providers. However, just because you have technical sign-in ability to access an electronic records system does not mean that you have authority to access all records in the system.
4. Lessons from Lauzon: The Importance of Justified and Coherent Reasons
In 2023, The Ontario Court of Appeal reiterated the expectation that administrative decision makers’ written reasons be justified, intelligible, and transparent.
5. Speaking Publicly on Controversial Topics? Keep it Professional
Unlike non-professionals who engage in public discourse, regulated professionals can be held to account for public statements if they are deemed unprofessional. In this blog post, we summarize what regulators have said about professionalism and public statements, and offer four tips to consider when commenting online.
6. What Are My Privacy Obligations When Selling My Practice?
For a health practitioner contemplating selling their practice, many considerations need to be addressed, such as finding a potential purchaser and ensuring continuity of care for your patients. But among the important obligations to keep in mind are privacy obligations.
7. Regulated Health Professionals Managing a Health Condition
When a regulated health professional is unwell, what obligations do they have? In this blog post, Sari Feferman outlines some considerations when pausing a practice for health-related reasons.
8. Children’s Mental Health Records Part 1: Parent or Guardian Requests
Children’s mental health providers routinely face requests for records of personal health information relating to their clients, often in the context of a dispute. This blog post provides guidance on how best to navigate and respond to requests for a child’s records where a child has been deemed capable.
9. Children’s Mental Health Records Part 2: Court Proceedings
Where a client’s parents are embroiled in a high-conflict family law proceeding, denying one parent’s request for access to their child’s health record may result in the parent seeking production of the records through a motion to the court. In this post, we discuss court proceedings through which a parent may seek access to their children’s PHI records, and how health professionals may advocate for their young clients in these circumstances.
10. Managing a Children’s Mental Health Complaint Without Making it Worse
When a client or their parent lets a health care provider know that they are unhappy, this could be the beginning of a long and arduous process. Or, it could be the opportunity to stop a problem before it starts. The key in managing the situation at each stage in the process is to try to address the client's or their parent’s concern, without making things worse.
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