Transparency Initiative

Note: This article was originally posted in our April 2016 newsletter, and has not been updated.

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.

Transparency Q&As

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 separate 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.