WRITTEN SUBMISSION TO THE STANDING COMMITTEE ON GENERAL GOVERNMENT

FEBRUARY 27, 2001

BILL 159, AN ACT RESPECTING PERSONAL HEALTH INFORMATION AND RELATED MATTERS

BY IRWIN FEFERGRAD, B.A., B.C.L., LL.B.
(Certified as a Specialist in Civil Litigation by the Law Society of Upper Canada.)
REGISTRAR

ROYAL COLLEGE OF DENTAL SURGEONS OF ONTARIO

EXECUTIVE SUMMARY

INTRODUCTION

The Royal College of Dental Surgeons of Ontario (RCDSO) is the regulatory body for dentists in Ontario. RCDSO has approximately 7,200 members who are dentists in general practice and specialists.

RCDSO has a long and illustrious history. On March 4, 1868, the first Dental Act in the world received Royal Assent in the Ontario Legislature, creating the Royal College of Dental Surgeons of Ontario. This body was granted full powers of licensing and regulating dentistry in the province.

Today, 133 years later, the College continues to be legally bound to serve and protect the public interest through the regulation of the professional practice of dentists in Ontario, and the investigation of allegations of professional misconduct against provincial dentists.

Our regulatory authority is granted to us by the provincial government under the Regulated Health Professions Act, 1991 (RHPA), the Dentistry Act, 1991, and the Health Professions Procedural Code.

RESPONSE TO PROPOSED LEGISLATION

The College commends the government for its initiative in bringing forward this type of legislation. There is no question that the people of this province need to have full confidence in the consistent and comprehensive protection of their personal health information.

The College believes that legislation is necessary:

1. To establish consistent standards and rules to protect information and to ensure that there are uniform standards as to how to deal with that information.
2. To adopt the basic principle that patients have the right to access information and to consent before it is released.
3. To adopt the basic principle that patients have the right to have their health care records amended and corrected.

However, the College firmly believes that its ability to fulfill its mandate of public protection as set out in the Regulated Health Professions Act would be compromised by this proposed legislation.

In fact, our ability to protect the public through our investigations and hearings processes, and to proceed with administrative hearings and meetings, would be severely restricted.

As a regulatory college, we do not provide client care, nor do we create personal health records. RCDSO collects information to use in evidence in its quasi-judicial proceedings as it is required to do so by provincial law.

In other words, RCDSO collects, uses and discloses information only in the implementation of our legislatively mandated regulatory and enforcement functions.

RECOMMENDATIONS

1. That is why the Royal College of Dental Surgeons of Ontario proposes the following two key recommendations:
2. Regulatory health care colleges should not be defined as a health information custodian under Bill 159. In cases where provisions of the proposed Bill 159 and the Regulated Health Professions Act, 1991 (RHPA) conflict then the RHPA should prevail.