Intimacy in the Long-Term Care Sector

A critical issue facing administrators and staff of long-term care homes is how to handle cases of sexual activity between residents who may lack the capacity to consent to such activity.   The Long-Term Care Homes Act (the “LTCHA”) places an obligation on homes to ensure the safety of residents, including the prevention of abuse,…

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Buying a Health Practice

There are usually two ways a health practitioner can start a practice: begin from scratch or buy a practice from someone else. If you plan to buy a practice from a current practitioner, some of the key considerations to take into account include: Who are the patients – will they stay on with you?  Are they the types…

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Mandatory Reporting Obligations

All regulatory health professionals are subject to mandatory reporting. The Regulated Health Professions Act, 1991 legislates mandatory reporting in the following circumstances: By employers for terminations (or resignations) for professional misconduct, incompetence or incapacity. By facility operators (including employers) on reasonable and probable grounds for sexual abuse of a patient, incompetence or incapacity. By regulated…

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Obtaining Valid and Informed Consent

Health care professionals are responsible for obtaining valid consent from clients prior to administering treatment.  The Health Care Consent Act, 1996 (the “HCCA”) sets out criteria which must be met in non-emergency situations in order for the consent to treatment to be valid and informed. The following four conditions must exist in order for consent…

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