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FIRM NEWS
Elyse Sunshine Presents at Annual CNAR Conference

For the second year in a row, Elyse attended the annual CNAR  (Canadian Network of Agencies for Regulation ) Conference in Vancouver, BC.  She conducted a cafĂ© session on  Presiding or preparing for a pre-hearing conference: an important step in a discipline proceeding.
Lonny Rosen Presents at the Advocates' Society Fall Convention

Lonny presented at this year's Advocates' Society Fall Convention , November 12-14. He took part in a 'lightning round' panel at the conference, where he provided an update on health law. He  discussed regulation of health professionals in Ontario, with a particular emphasis on sex abuse cases, as well as privacy law and end-of-life issues.



Erin Dobbelsteyn Elected  OBA CLE Liaison 

We are thrilled to announce that Erin Dobbelsteyn was elected as a CLE Liaison of the Ontario Bar Association's Health Law Section for the 2015-2016 term.  In this role, Erin has been working to put together a health law program for the OBA's Institute 2016, which she will co-chair.



Ontario Jurisprudence for Naturopaths

Lonny Rosen recently lectured on Ontario Jurisprudence to the naturopathic doctors who attended the BRB CE  Group's 2015 Naturopathic CE Course. The presentation, which was accredited by the   College of Naturopaths of Ontario ,  covered the topics of regulation of naturopaths in Ontario, professionalism and ethics, and reviewed recent disciplinary decisions. An important focus of the presentation was the changes in regulation resulting from the recent proclamation of the Naturopathy Act, 2007, and the impact of those changes on members of the public and the profession.




Lonny Rosen Presented on Health Privacy 

The Ontario Bar Association's fifth annual  eDiscovery Institute was held in Toronto on October 29, 2015. Lonny participated in a panel discussion on Privacy and FIPPA/PHIPA Issues, presenting on PHIPA issues in Civil Litigation. Reviewing cases from a variety of practice areas, including medical malpractice, labour arbitrations, insurance fraud, class actions, professional discipline and personal injury litigation, Lonny examined how courts dealt with motions for production of personal health information records in each case. Lonny also provided counsel in attendance with a review of the Personal Health Information Protection Act, 2004 (PHIPA) and a framework  for seeking personal health information records for use in proceedings.  For more information or a copy of Lonny's presentation, please contact us.

CANADIAN HEALTH LAW UPDATES

The times they are a changin': Recent Developments in Legislation, Case Law and Attitudes Respecting Health Facilities' Management of Professional Staff Behaviour

Gone are the days where "bad behaviour" by professional people is overlooked or attributed to an eccentric personality, or even the demands of the job. Today, health professionals working in hospitals and other facilities are expected to act in a professional manner at all times, and will be held to account for any behavioural lapse as readily as they would for any other lapse in judgment or standards .   Read full article here.


Access to care versus a doctor's moral beliefs

Elyse Sunshine and Lonny Rosen's article "Access to care versus a doctor's moral beliefs" was published in  The Lawyers Weekly. The article reviewed the College of Physicians and Surgeons of Ontario's new policy,  Professional Obligations and Human Rights.  Please contact us if you would like a copy of the article.

Health Professionals and Social Media

Elyse discusses health professional's use of social media in the firm's latest Advocate Daily video. Watch it here.




Cautions Upheld as Reasonable for Physicians who Breach Advertising Rules 

Over the past year, a number of decisions of the Inquiries, Complaints and Reports Committee of the  College of Physicians and Surgeons of Ontario to caution physicians for violating the rules regarding advertising have been confirmed by the  Health Professions Appeal and Review Board and the  Divisional Court on appeal.  Read full article here.




The Push for Transparency:
Additional Information About Health Professionals

Erin Dobbelsteyn's article,  The Push for Transparency: Additional Information About Health Professionals to become Public in 2015  was published in the Ontario Bar Association's Health Law Section Newsletter. The article summarized measures that the province's health regulatory Colleges will be implementing to increase transparency and to make more information about health care professionals available to the public.



Medical Cannabis Certificate Program

Lonny Rosen was a guest instructor and a member of the planning committee of  AdvancingPractice.com 's  Medical Cannabis Certificate Program . The program was designed to help physicians, nurses and pharmacists better understand the key aspects of prescribing medical cannabis.

For more information about the certificate program, click here .

For more information about medical marijuana, see our  blog posts  on this topic.



Withholding Treatment in End-of-Life Cases

The Supreme Court of Canada's seminal decision in    Cuthbertson v. Rasouli, 2013 SCC 53  made it clear that physicians must obtain consent in order to withdraw life-sustaining treatment, even where the physicians believe the treatment to be futile or harmful to the patient.  Following  Rasouli , however, an important question remained unanswered - are physicians obliged to obtain consent to decline to provide life-sustaining treatment that they believe to be medically inappropriate?  Read full article here .


UPCOMING EVENTS
Lonny will present at the 2015 PHIPA Summit held December 2-3, 2015 at the Old Mill Inn

Lonny will present on PHIPA: The Basics and will moderate a panel on how pending changes to health privacy law will affect various segments of the health information protection community, at the 2015 PHIPA Summit held December 2-3, 2015 at the Old Mill Inn. Register Here





Erin Dobbelsteyn to Co-Chair and Lonny to Speak at OBA Health  Law Section Executive

Erin will be Co-Chairing the OBA's Institute 2016 program "Health Law Update: Privacy, Transparency and Class Actions" on February 4, 2016. Lonny will also be presenting at this program as part of the panel on "A New Era of Transparency in Health Care Regulation".  For more information about the program, please visit the OBA's Institute website  here .
HOW WE HELP
Rosen Sunshine LLP is a boutique health law firm based in Toronto.   Our clients  are health professionals, associations, colleges, business and clinic owners, healthcare facilities, and members of the public.  Our mission is to provide our clients with strategic, practical advice and fearless representation with any matter entrusted to us.  We aim to provide clients with the highest level of service but to meet our clients' needs in a cost-effective manner.   If you have any questions about any of the information in this newsletter or about any  health law matter, please contact us!
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