In all provinces and territories, governments have delegated a large measure of power over, and responsibility for governance to, accepted health professions. Many thousands of health care providers are members of self-regulating professions, making them subject to a legal regime with broad powers over their professional lives. These self-regulatory regimes represent a significant interpenetration of public and private institutions, an approach that characterizes a growing number of areas of administration in the modern state. This course explores how these legal regimes operate, and critically analyzes the implications of the policy choice to delegate professional governance to members of the profession themselves. Topics to be covered include models of professional regulation; evaluation of self-regulation; interrelationship between state power and the power of the professions; the complaints and discipline processes; impact of the Canadian Charter of Rights and Freedoms on regulation; regulatory responses to the challenge of complementary and alternative health care; assessing whether self-regulation is effective in enhancing quality, safety and efficacy of care; and evaluating other forms of control over practitioners, such as hospital privileges.

Pre/anti-requisites

Anti-requisite: LAW 6863P - Professional Governance. Students outside of the LL.M in Health Law must have previous educational or work experience related to health law and/or professional governance.

NCA equivalence:

N/A

Terms Offered

Winter 25

Video conference only

Course Section: M

3.0 credits

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