In September 2021, the Ontario Medical Association (OMA) and Ontario Hospitals Association (OHA) released an updated version of their Prototype Board-Appointed Professional Staff Bylaws.

Among the revisions are changes to the bylaw’s language and tone, updates regarding the requirements of medical leadership and updated obligations for professional staff with respect to disclosure and notice obligations.

The overall language and tone of the bylaw has been updated to remove “legalese” and to include definitions, for increased clarity and ease of reading. In addition, the by-law no longer references gendered pronouns (he/she) in favour of gender neutrality (they/their) throughout.

There has also been a concerted effort to allow additional flexibility in the bylaws, for example:

• in relation to the Professional Staff Human Resources Plan;
• permitting the Medical Advisory Committee (or its subcommittees) to hold meetings by telephone or by electronic means;
• to permit an interim appointment to medical leadership where the individual holding such office is absent or unable to act;
• to revoke an appointment to medical leadership at any time;
• giving departmental leadership the authority to make rules and policies that are applicable to professional staff, so long as they are consistent with the by-law and Board approved rules and policies;

Substantive updates/additions to the bylaw vis-à-vis hospital leadership include:

• the implementation of a maximum term during which medical leadership can serve in their position (up to five years in one position, with a total of 10 years permitted if the individual holds multiple positions in succession);
• require the Chief of Department to review and make recommendations pertaining to each application for reappointment in their department, based on a Board-approved performance evaluation process

Substantive updates/additions to the bylaw vis-à-vis professional staff responsibilities include:

• Changes to the Hospital Management Regulation, which now permits members of the Extended Class Nursing Staff to admit, treat and discharge hospital patients. The word “out-patient” has been replaced with “patient” to reflect that nurses may now practice independently within their scope on both in-patents and out-patients of the hospital;
• A requirement that staff members who wish to resign or retire from active practice to provide ninety (90) days’ written notice to the CEO (section 3.11); and
• A requirement that professional staff disclose to the Chief of Staff and the CEO any investigation, proceeding or change in license or liability coverage that would otherwise be mandatory to disclose under the by-law, the credentialing policy and/or the reapplication process (section 6.7).

The above changes should be accounted for in future iterations of your hospital’s professional staff by-laws.

Feel free to reach out to us for assistance with reviewing and/or amending your by-laws.