Council Highlights: May 9, 2024

The 442nd meeting of the RCDSO Council was held via Zoom on Thursday, May 9th, 2024. The meeting was also livestreamed; a video recording of the Council session is available on the College’s YouTube channel here.

RCDSO President Harinder Sandhu provided opening remarks. He noted that this meeting was shorter, as per Council’s request. Having two shorter (half-day) meetings in 2024 as well as the usual four full-day meetings were a response to Council’s interest in deeper discussions.

Dr. Sandhu noted ongoing partnership with the ODA, including regular presentations to the ODA General Council; speaking appearances at society meetings; as well as the RCDSO booth at the Annual Spring Meeting in Toronto. RCDSO staff provided three sold-out Category 1 courses and were available on the exhibition floor to answer questions about ePortfolio, Registration, FIP and any other topic. Over 400 people dropped by.

On the subject of the Canada Dental Care Plan, Dr. Sandhu underlined the significance of the plan in helping to substantively expand access to care. He urged Council and the profession to consider all those most in need of care in their decision-making. 

Dr. Sandhu also reported that the RCDSO is beginning conversations with the federal government on on-site verification audits. Our goal is to have a made-in-Ontario solution that provides accountability, without being onerous. We have thanked the Ministry of Health for the improvements they have made so far to the CDCP including removing the requirement for dentists to sign up to the plan and direct bill Sun Life instead as well as providing fact sheets on the coordination of the federal and provincial plans.

Registrar & CEO Update

Registrar & CEO Dan Faulkner provided a verbal update to Council on the following subjects:

  • Updates to the regulatory and governance landscape included:
    • The Ontario College of Pharmacists’ Council have directed staff to draft a position critical of Preferred Pharmacy (Provider) Networks (PPN). The Council is concerned about insurers' exclusivity agreements where patients are required to purchase medications from specific pharmacies. This restricts, they argue, patient autonomy and choice. OCP Council stated that they have zero tolerance for business practices that impede pharmacists’ professional decision-making. The RCDSO’s strategic project on Corporatization and Practice Models will also explore these issues in dentistry.
    • Bill 190 (Working for Workers Five Act, 2024) received First Reading on May 6th and includes changes to Fair Access to Regulatory Professions and Compulsory Trades Act. It requires regulators to have multiple registration processes taking place concurrently. It also allows the Fairness Commissioner to review registration plans and policies. This does not apply to health care regulators for the time being but is important to note as eventually it may expand to impact us.
    • The Association of Canadian Faculties of Dentistry, based in Winnipeg, received an $8 million grant in order to initiate a pilot program expediting the training of foreign-educated dentists. This connects to the College’s broader work at the provincial and national level to support greater efficiency and fairness in processes for certification.
  • The College has enhanced its cybersecurity with the provision of College emails and encrypted laptops for all Council and committee members. Council members, committee members and all staff receive short cybersecurity training on a monthly basis.
  • The College is to host an RCDSO Connect session in the evening of May 9, 2024, with information about the new ePortfolio process. This session had 1,000 available spaces (double what was offered previously). About 400 dentists attended and were able to ask questions. A recording of the presentation is available on our YouTube channel
  • The RCDSO will host its first in-person Connect session at the University of Western on June 25th.

Professional Liability Program (PLP) divestment

At the December 7th meeting, Council directed staff to proceed with exploring the transfer of the Professional Liability Program (including current liabilities and staff) to a third party, with the goal of allowing the program to continue to operate, under separate ownership. At the March meeting, Council delegated authority to the Executive Committee to finalize the advisors for the divestment project. Council will be involved in major decisions throughout the process.

Dan Faulkner updated Council on the appointment of PwC, which has been retained as the RCDSO’s financial advisor, responsible for managing the divestiture process. He noted that any future partner needs to embrace the value of the program for the profession and the public and in particular, the excellent staff in PLP who represent that value.

PwC will be responsible for supporting the divestiture of the PLP program. This includes but may not be limited to:

  • Conducting initial divestiture strategy and deal preparation;
  • Managing marketing, diligence and bid submissions;
  • Negotiations & selection of the final bid; and
  • Advising on moving the process to a successful closing.

Council will be expected to provide direction and approval on the key decision points. Over the coming months, Council will be provided with regular updates.

As for how PLP operates today: Dentists should carry on as per usual. Stability for both patients and dentists will be maintained during the transition process. Please keep calling PLP and our staff will continue to assist you. New and existing PLP cases will be processed as they always have been.

Canadian Dental Care Plan

Council heard from the Registrar about recent developments in the Canadian Dental Care Plan (CDCP) as well as an area of concern for patients: balance billing.

The CDCP is being rolled out over several months. Seniors were the first invited to apply and over 1.7 million Canadians have qualified so far.

  • In April, the federal government announced that dentists are not required to sign up to the program through Sun Life.
  • On May 1, patients started being seen across the country.
  • In June, applications will be accepted from those with a valid Disability Tax Credit.
  • Children under the age of 18 can also apply in June.
  • Starting July 8, dentists can direct bill Sun Life.

The CDCP is designed to help affordability and it does not cover the full costs (100%) of oral healthcare for some patients. There are two types of costs that patients may be required to pay out-of-pocket. A co-pay may be charged based on a patient’s adjusted family income. The second cost is balance billing which may occur when remuneration for specific oral health services under the CDCP Dental Benefit Grid is less than the fee in the ODA’s Suggested Guide, and the dentist chooses to charge the patient directly for the difference. Balance billing is prohibited under some programs but allowed under the CDCP.

Council underlined the importance of CDCP to the expansion of access to care and determined that a statement or guidance is not necessary at this time.

The College will continue to provide details about the CDCP as they are announced.

Emergency Class of Registration

The Emergency Class of Registration was developed at the direction of the Ministry of Health in 2023. Its purpose was to help all health regulators to respond to emergencies by quickly registering additional professionals, as required. This was not unique to the RCDSO, it applied to all of the 26 health Colleges in Ontario. This class of registration can only be opened if the Ministry requires it or if Council deems that there are emergency circumstances and that it is in the public interest to open the class.

The regulation has been finalized but the class is not currently open.  Staff and a working group have been proactive and have developed documents to support the implementation of the emergency class when/if the class is open. The documents focus on the opening and closing of the class; revocation of emergency class certificates; Continuing Education requirements; education requirements; and supervision. Council reviewed these operational documents.

Governance Committee Updates

Governance Committee Chair Anne Coghlan presented to Council on the subject of adding subject matter experts to the Inquiries, Complaints and Reports Committee (“ICRC”).

The ICRC is a Statutory Committee of Council. Panels of the ICRC review investigations into the conduct, competence and capacity of registrants and issue decisions to relevant parties to the investigation. In September 2023, Council passed new by-law provisions to create a new category of committee members – Subject Matter Experts (“SMEs”). Currently, only the Governance Committee has by-laws that allow for “at least two subject matter experts with expertise relating to professional regulation and governance.”

Governance modernization trends in Ontario and beyond include committees composed entirely or partially of persons not on the governing Council or Board. Including committee members not on the governing Board increases transparency, accountability, and public trust in committee decisions.

Ms. Coghlan outlined that it would enhance the collective knowledge and experience, deliberations, and decision-making of the ICRC to have the ability to add committee members with specific subject matter expertise. In particular, there is interest in adding an SME to the two ICRC specialty panels –one for incapacity and one for sexual abuse and boundaries.

Council approved a by-law amendment to expand the composition of the ICRC to allow for the possible inclusion of Subject Matter Experts, effective immediately.

Next Meeting

The next meeting of Council will be held via Zoom and is scheduled for Thursday, June 20th, 2024. The meeting will also be livestreamed.