Proposed transparency-related and general by-law amendments.

This consultation has now closed.

Proposed transparency-related and general by-law amendments.

ATTENTION: All Members & Stakeholders

We are seeking your feedback on proposed transparency-related and general by-law amendments

Deadline: December 31, 2015

General Background

In response to public demand and requests from the Ministry of Health and Long-Term Care, all Regulatory Health Colleges, including the College of Midwives of Ontario are taking significant steps to improve transparency of member and governance information available to the public. The College has been working with other health regulators in its consideration of how to meet these requests for greater transparency and make additional information available to the public. The College is committed to providing members of the public with information that enables them to decide who they wish to see for their health care.

Why is the College doing this?

Over the past several years, the Ontario government and members of the public have expressed that health care regulators need to disclose more information about their members. The 2014 publication of a series of prominent articles criticizing Ontario health regulators, called into question the public interest and transparency of College decisions. These articles outlined a major concern, “cautions” issued to health care providers were not made public. A seperate investigation further revealed that clients who visited out-of-hospital clinics had developed deadly infections over a period of months. Although a regulator had inspected these clinics, infection control issues went unreported.

On October 4th, 2014 as a response to public concerns the Minister of Health issued a statement to all regulatory bodies, including the College of Midwives of Ontario (CMO), requiring them to take concrete steps to continuously increase transparency.

On November 2014, the CMO Council solidified transparency as a core value and amended the College’s strategic plan to make transparency a key strategic priority. The CMO has worked with its Council and Statutory Committees to ensure consistent transparency initiatives.

What information will not be made public?

Matters determined to be low risk will not be made public. These include complaints and reports that the Inquiries, Complaints and Reports Committee take no action on, as well as matters that are addressed through advice or recommendation. All quality assurance information will remain confidential, as well as the personal information of midwives, such as home or e-mail addresses and other personal contact information.

When and how will the College remove information from the public register?

Please refer to Article 14 of the College General By-law for removal of information.

How did Council decide what to make public?

The CMO Council makes its decisions through the lens of public safety and protection. A survey commissioned by the Advisory Group on Regulatory Excellence (AGRE) in 2014 showed that the public wanted to know three things about their health practitioner: criminal convictions, practitioner’s registration/license history and status, and complaints that resulted in formal disciplinary and/or educational action. Council thoroughly reviewed the feedback provided by the public, members and stakeholders before making final decisions. Council used the Transparency Principles adopted by the College in November 2015, as the foundation and tool for decision-making ensuring a balance of transparency and fairness.

For more information about our commitment to transparency click here.

Transparency Initiative: Proposed By-law Amendments Approved

On March 3, 2016, after careful consideration of member and stakeholder feedback, Council approved the proposed by-law amendments. The following information will now be posted on the Public Register:

Findings of guilt (all criminal findings or findings under the Health Insurance Act or the Controlled Drugs and Substances Act against members, made on or after March 1, 2016)
Charges (all criminal charges or charges under the Health Insurance Act or the Controlled Drugs and Substances Act that are laid against the member on or after March 1, 2016)
Bail conditions (all bail conditions that are in place on or after March 1, 2016)
Registration history with other regulators (all known current or past licenses to practice in Ontario or other jurisdictions or professions on the public register, if public in other jurisdictions)
Past practice locations (all past midwifery practice locations in Ontario, including the Member’s position at that location; e.g., sole proprietor/associate/locum)
Alternate Practice Arrangements
Names of Second Birth Attendants
Resignation while under investigation
Oral cautions ordered by the Inquiries, Complaints and Reports Committee
Written cautions ordered by the Inquiries, Complaints and Reports Committee
Specified Continuing Education or Remediation Programs (SCERPs) that require a follow-up or monitoring ordered by the Inquiries, Complaints and Reports Committee

Please note that these changes will not have a retroactive effect. Please refer to the College’s General By-law to view the full version of the By-law.

What Transparency means to the College

The CMO is committed to providing easily to understand information about midwives that will help clients make informed choices and enhance our accountability to the public.

In November 2014, a multiphase initiative was begun to review the various ways in which the College could provide more useful information to the public, in particular, with respect to midwife-specific information and process information that is made available to the public on our website.

Watch this page for updates about this initiative’s progress as we work to build a more open, accessible and transparent College.

Transparency Resources:

Transparency Backgrounder

Transparency Stakeholder Survey

Transparency Stakeholder Survey Results

CMO response to the Honourable Dr. Hoskins re: preventing and dealing with sexual abuse