The Osgoode Certificate in Health Law

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1 The information in this course should be mandatory in all health care training programs Janice Janz, RN, University Health Network Toronto Western Hospital The Osgoode Certificate in Health Law A unique program focusing on the key legal issues affecting health care providers and their organizations today March 8 April 12, 2016 Toronto, Canada 5 days over 6 weeks

2 Program Details Dates Module 1 Accountability in Health Care: The Legal Framework March 8, 2016 Module 2 Consent and Capacity March 23, 2016 Module 3 Medical Malpractice - Theory and Practice March 29, 2016 Module 4 Health Information, Privacy and Security / Risk Management in Health Care April 5, 2016 Module 5 Regulation of Health Care Professionals and Other Legal Issues Affecting Health Care Providers April 12, 2016 All modules will be held at Osgoode Professional Development s Downtown Toronto Conference Centre. For Further Program Related Information Please contact: David Thomas Senior Program Lawyer Certificate Programs at or dthomas@osgoode.yorku.ca Are you prepared? With the increasing intersection between health care delivery and the law, health care providers encounter a challenging array of legal and regulatory issues in their day to day working lives. The ability to be able to recognize and manage these issues has never been more important. Osgoode s Certificate in Health Law, now in its seventh year, was developed to better prepare individuals and their organizations to overcome the most common legal pitfalls in the health care arena. Over fi ve intensive one-day modules, which include lectures, case studies, small group discussions, live simulations and demonstrations, you will learn what you need to know about contemporary issues in health law. Our truly outstanding faculty comprising lawyers, health care professionals, patient rights advocates, ethicists, risk managers and insurance industry experts will equip you with the practical knowledge and strategies you and your organization need to be better positioned to make sound, professional judgments, improve patient care and safety, and to take the necessary steps to minimize risk. What You Will Learn The role of the legal system in health care delivery: the framework Capacity and consent to treatment; substitute decision-making Refusing treatment and withdrawal of treatment Live demonstration: mock Consent and Capacity Board hearing The role of Community Care Access Centres (CCACs) and other agents in the community with fiduciary obligations First contact: the law relating to ambulance services and operators Malpractice in health care standard of care, causation and assessing damages Live Simulation: Examination for Discovery Privacy and health law: the key legal principles Privacy challenges in the wider health care community Collaborative care problems and pitfalls The regulation of health professionals Human rights and ethical challenges end of life and human reproductive issues Risk management responding effectively to risk in specialty areas Coroners inquests what to expect if you are involved in the process Who Should Attend Physicians, nurses and other licensed medical professionals Representatives from hospitals, psychiatric facilities, long term care facilities, CCACs, and community service provider agencies Health care risk managers Privacy officers, security officers and compliance officers for health care institutions Patient representatives Ethicists In-house counsel to health care institutions Health law practitioners Government and public policy advisors

3 THE OSGOODE CERTIFICATE IN HEALTH LAW THE CURRICULUM Across five intensive one-day modules, the fundamental concepts of health law will be delivered by a truly outstanding faculty of legal and health care experts. There will be an emphasis on practical education, and classes will be taught using a blended delivery method that includes lectures, case studies, mock examination for discovery, class/group discussions, directed readings and guest speakers. MODULE 1 March 8, 2016, 9:00 a.m. 4:30 p.m. Consent and Capacity (cont d) Accountability in Health Care: The Legal Framework Introduction: the role of the legal system in health care delivery Provincial and Federal divide and it s impact on the legal framework Types of health care providers Corporate status of hospitals Accountability and LHINs Directors roles and duties Individual and institutional liability Accreditation and licensing Hospital/medical staff relationships The hospital as commercial contractor The role of the CCAC Other actors/agents in the community with fiduciary responsibilities A right to health care: what is covered, and what s not? First contact: the law relating to ambulance services and operators Keynote Luncheon Address Dr. Bob Bell, Deputy Minister of Health and Long Term Care (Ontario) Kristin L. Taylor, VP Legal Services and General Counsel Centre for Addiction and Mental Health (CAMH) Lydia Wakulowsky, Borden Ladner Lynn Harrett, Interim Chief Executive Officer, Central Community Care Access Centre (CCAC) Anna L. Marrison, Borden Ladner Amanda Brennan, Manager Information, Privacy & Legal Counsel at Ornge MODULE 2 Consent and Capacity March 23, 2016, 9:00 a.m. 4:15 p.m. What is valid consent? the elements of consent Informed consent Withdrawing consent Documenting consent: best practices Right to refuse treatment Assessment of capacity case studies Live demonstration: mock Consent and Capacity Board hearing Substitute decision makers: what s the ranking order? Dealing with complex ethical situations Consent & capacity in a mental health setting The interplay between the civil and criminal systems Consent and capacity a clinician s perspective End of life issues and the impact of the Carter decision Consent in clinical trials Lonny J. Rosen, C.S., Rosen Sunshine LLP Anita Szigeti, Barrister, Anita Szigeti Advocates Dr. Michael Colleton, Michael Colleton Medicine Professional Corporation Andrew Loh, Borden Ladner Cindy Clarke, Borden Ladner MODULE 3 March 29, 2016, 9:00 a.m. 4:30 p.m. Medical Malpractice: Theory and Practice This module introduces the law of medical malpractice. In addition to providing a clear overview of the substantive law, there will be a mock exercise of an examination for discovery. This practical demonstration by experienced plaintiff and defence counsel will provide a key insight into adversarial process in malpractice litigation. Medical malpractice case law review: what kinds of cases are on the rise? Overview of the litigation process The standard of care what is the current legal standard of care in a malpractice suit? Breach of the standard of care Determining causation Assessing damages are amounts awarded going up? Defences to a malpractice claim The importance of documentation charting essentials Disclosing adverse events Apology legislation and its implications Live demonstration: mock examination for discovery Wendy Whelan, Borden Ladner Anna L. Marrison, Borden Ladner Jaan Lilles, Lenczner Slaght Royce Smith Griffin LLP Kate Crawford, Borden Ladner Barbara A. MacFarlane, Torkin Manes LLP Dr. David A. Cameron, Regional Supervising Coroner, North Region Sudbury Office, Office of the Chief Coroner Register online today at

4 MODULE 4 April 5, 2016, 9:00 a.m. 4:30 p.m. MODULE 5 April 12, 2016, 9:00 a.m. 4:30 p.m. Health Information, Privacy and Security/ Risk Management in Health Care Morning Session Overview of the law relating to the privacy of health information What is the circle of care? Hospital information sharing agreements Privacy challenges in the wider health care community Handling privacy breaches Responding appropriately to freedom of information requests Working within the legal framework: how do you get your transactions done what are the practical considerations? Afternoon Session Community health care and risk management: special considerations Critical incident investigation learning from adverse events and near misses Claims management: the role of the insurer Using malpractice claims data to improve patient care Kate Dewhirst, Dykeman Dewhirst O Brien LLP Logan Crowell, Borden Ladner S. Ashley Dent, Senior Counsel, ehealth Ontario Marc Toppings, General Counsel, Mount Sinai Hospital, Toronto Lori Borovoy, Director of Risk Management and Patient Safety Central Community Access Centre Janice Campbell, Risk Manager/Privacy Officer, Department of Quality and Risk Management, SickKids Hospital, Toronto Polly Stevens, Vice President, Healthcare Risk Management Healthcare Insurance Reciprocal of Canada (HIROC) Regulation of Health Care Professionals and Other Legal Issues Affecting Health Care Providers Role of the Colleges/processes before the Colleges: what should you expect? Health Professions Appeal and Review Board Health Services Review and Appeal Board Public Inquiries and health care class actions Coroners Inquests Human rights challenges and ethical considerations in relation to: - end-of-life issues - human reproductive issues Keynote Luncheon Address Dr. William J. (Bill) Lucas, Regional Supervising Coroner Central West, Office of the Chief Coroner Barry Glaspell, Borden Ladner Cindy Clarke, Borden Ladner Kate A. Hughes, Cavalluzzo Shilton McIntyre Cornish LLP Dr. Kerry Bowman, Clinical Ethicist, Mount Sinai Hospital, Toronto and University of Toronto Joint Centre for Bioethics Daphne Jarvis, Borden Ladner Note: There will be a take-home assignment at the end of this module. Certificate of Program Completion Participants must attend all five modules and complete a take-home assignment to receive the Osgoode Certificate in Health Law. Here s what participants have said about Osgoode s Certificate in Health Law: Yet again, another fabulous information packed day Excellent summaries of key information that will be easy to access/review when needed in the future Tracey Taylor, Healthcare Advocate/Legal Nurse Consultant, Taylor Healthcare Solutions This phenomenal course stimulates and encourages me to go back to my hospital to review and determine if we have the right policies and procedures in place Barbara Guidolin, Vice-President, Patient Services and Chief Nursing Executive, Georgian Bay General I really appreciate the wealth of experience and guidance provided... the instructors did a great job Janet Guevara, Coordinator, Privacy Office, Sunnybrook Health Sciences Centre Register online today at Osgoode Professional Development, 2015

5 The Osgoode Certificate in Health Law draws on the expertise and experience of over 25 leading legal and health care experts, including: Advisory Board Dr. Bob Bell, Deputy Minister of Health and Long Term Care (Ontario) Lori Borovoy, Director of Risk Management and Patient Safety Central Community Access Centre Dr. Kerry Bowman, Clinical Ethicist Mount Sinai Hospital, Toronto and University of Toronto Joint Centre for Bioethics Amanda Brennan, Manager Information Privacy & Legal Counsel at Ornge Janice Campbell, Risk Manager/Privacy Offi cer, Department of Quality and Risk Management, SickKids Hospital, Toronto Dr. David A. Cameron, Regional Supervising Coroner, North Region Sudbury Offi ce, Offi ce of the Chief Coroner Cindy Clarke, Borden Ladner Dr. Michael Colleton, Michael Colleton Medicine Professional Corporation Kate Crawford, Borden Ladner Logan Crowell, Borden Ladner S. Ashley Dent, Senior Counsel ehealth Ontario Kate Dewhirst, Dykeman Dewhirst O Brien LLP Barry Glaspell, Borden Ladner Lynn Harrett, Interim Chief Executive Offi cer, Central Community Care Access Centre (CCAC) Kate A. Hughes, Cavalluzzo Shilton McIntyre Cornish LLP Daphne Jarvis, Borden Ladner Jaan Lilles, Lenczner Slaght Royce Smith Griffi n LLP Andrew Loh, Borden Ladner Dr. William J. (Bill) Lucas, Regional Supervising Coroner Central West Offi ce of the Chief Coroner Barbara A. MacFarlane, Torkin Manes LLP Anna L. Marrison, Borden Ladner Lonny J. Rosen, C.S., Rosen Sunshine LLP Polly Stevens, Vice President, Healthcare Risk Management, Healthcare Insurance Reciprocal of Canada (HIROC) Anita Szigeti, Barrister, Anita Szigeti Advocates Kristin L. Taylor, VP Legal Services and General Counsel, Centre for Addiction and Mental Health (CAMH) Marc Toppings, General Counsel Mount Sinai Hospital, Toronto Lydia Wakulowsky, Borden Ladner Wendy Whelan, Borden Ladner This was an EXCELLENT course 5 days of great topics, speakers and materials. Diverse, interesting and broad in scope. 10 out of 10! I can t say enough good things about this course. Excellent materials, speakers and highly relevant up-to-date topics The sessions keep getting better and better. Excellent speakers and fascinating discussions PROGRAM DIRECTOR Wendy Whelan Borden Ladner ADVISORY BOARD Dr. David A. Cameron Regional Supervising Coroner North Region Sudbury Offi ce Offi ce of the Chief Coroner Jeff Curtis Chief Privacy Offi cer Sunnybrook Health Sciences Centre Kate Dewhirst Dykeman Dewhirst O Brien LLP Professor Joan M. Gilmour Osgoode Hall Law School York University Cathy Szabo President & CEO, Providence Care Kristin L. Taylor VP Legal Services and General Counsel, Centre for Addiction and Mental Health (CAMH) Register online today at

6 THE OSGOODE CERTIFICATE IN HEALTH LAW SPRING 2016 REGISTRATION Name: Firm/Company: Address: Title: Practice Area: This program frequently sells out. Register now! City: Province: Postal Code: Telephone: Fax: Priority Service Code: O L Please add me to your mailing list. Please delete me from your mailing list. If you do not wish to be contacted by , indicate here. Fee Per Delegate $3,395 plus HST Fees include attendance, program materials, continental breakfast, lunch and refreshments for each of the 5 days of the program. Please inquire about group discounts and fi nancial assistance. The price does not include accommodations. Dress is business casual. Payment Options Cheque enclosed (payable to York University GST# R ) Bill my credit card: VISA Mastercard Card# Expiry: Signature: Payment Amount: Program Changes We will make every effort to present the certifi cate program as advertised, but it may be necessary to change the dates, location, speakers or content with little or no notice. In the event of program cancellation, York University and Osgoode Hall Law School s liability is limited to reimbursement of paid fees. For Further Program Related Information Please contact: David Thomas, Senior Program Lawyer, Certificate Programs at or dthomas@osgoode.yorku.ca. Cancellations/Rainchecks/Substitutions If you are unable to attend the program your organization may name a replacement. A full refund will be issued for cancellations received a minimum of 21 days before the program start date. Written cancellations received after February 16, 2016 will include an administration charge of $700. No refunds will be issued after the program commences. Non-attendance or withdrawal after the program start date will incur a full program fee. Payment must be received by February 23, CPD Credits Eligible CPD/MCLE hours: LSUC (ON): CPD Hours (33.75 Substantive, 0.0 Professionalism). OsgoodePD programs may be eligible for CPD/MCLE credits in other Canadian jurisdictions. To inquire about credit eligibility, please contact cpd@osgoode.yorku.ca. Maintenance of Certification Attendance at this program entitles certified Canadian College of Health Leaders members (CHE / Fellow) to 10 Category II credits toward their maintenance of certification requirement. Location Osgoode Professional Development Downtown Toronto Conference Centre 1 Dundas St. W., 26th Floor Toronto, ON, M5G 1Z3 Public CLE Seminars Customized CLE Programs Skills Training & Certifi cation ITAW Professional LLM 4 Convenient Ways to Register 1. MAIL your registration form to: Osgoode Professional Development Downtown Toronto Conference Centre 1 Dundas St. W., 26th Floor Toronto, ON M5G 1Z3 2. ONLINE at 3. FAX your registration to CALL US at or

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