Bill 179 is aimed at amending the Regulated Health Professions Act, 1991 (RHPA). As of November 6, 2009, Bill 179 is being debated in the Ontario Legislature and has not received Royal Assent.

There are numerous facets to this Bill that are of interest to the regulated health professional Colleges. Of special interest to members are the proposed clauses that relate to personal professional liability insurance (PLI).

Professional liability insurance is an important part of professional practice for health care professionals. In fact, the majority of regulated health professions in Ontario are already required to carry PLI. While the CMLTO believes it is advisable for members to hold professional liability insurance, it is not mandatory at the current time, nor does the CMLTO offer PLI to its members.

Certain clauses contained in Bill 179 relate to compulsory personal professional liability insurance for all active members of any regulated health profession. The proposed clauses, when enacted, will describe the requirements for members to carry PLI, and that those who do not will have committed an act of professional misconduct. The proposed language also requires the CMLTO to specify the requirements for personal professional liability insurance in either regulation or by-law.

Once Bill 179 moves through the legislative process, dates will be assigned for the proclamation and enforcement of the clauses, and it is unlikely that the specific section related to PLI will come into force for some time.

While we recognize members have many questions about the potential effects of this legislation on professional practice, until Bill 179 is enacted no definitive comments can be made as to the nature of the requirements or the process for ensuring the compliance of practising members.

As Bill 179 moves through the rest of the legislative process, the CMLTO will be working with stakeholders and we will continue to communicate updates and information to members.

If you are interested in reading the details of Bill 179, please refer to the Legislative Assembly of Ontario website.

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