Jesstina McFadden practises health law and advises on a broad range of health regulatory matters. Jesstina draws on extensive legal and health policy experience to provide practical, risk-managed advice that is responsive to her clients' needs, with an emphasis on proactive strategies and solutions whenever possible.
Jesstina has experience helping clients in a number of areas including:
Privacy and information protection: health sector privacy and freedom-of-information legislation and compliance; developing privacy policies, statements, notices, and consent forms; and management of privacy breaches, complaints, and access requests.
Incapacity and elder law: consent, capacity, and substitute decision-making; mental health; and end of life matters.
Regulatory: health insurance legislation, health professional regulation, medical marijuana, and advising hospitals regarding their relationships with physicians and other professional staff.
For a number of years, Jesstina acted as dedicated counsel for the predecessor to the Miller Thomson On Call Program, which gave her a keen appreciation of the day-to-day legal issues and concerns of healthcare organizations and service providers. Jesstina also has significant health policy experience, and worked as a health policy analyst with a professional regulatory body and at Health Canada prior to joining Miller Thomson.
Jesstina is a public member of the Research Ethics Board for the Centre for Addiction and Mental Health (CAMH). She also writes and speaks frequently on health regulatory issues and is co-author of Essential Law for Social Work Practice in Canada (Third Edition), which has been adopted by several Canadian post-secondary institutions.
- Coffee Talk: A Health Seminar Series, “Bill 160, Strengthening Quality and Accountability for Patients Act, 2017 – What You Need to Know”, presented with Kristen Vandenberg (February 14, 2018)
- Coffee Talk: A Health Seminar Series, “Parameters and Pitfalls of Patient Discharge and ALC”, presented with Kristen Vandenberg (October 11, 2017)
- Coffee Talk: A Health Industry Seminar Series, “Medical Assistance in Dying“, presented with Kathryn Frelick (September 28, 2016)
- Coffee Talk: A Health Seminar Series, “The Expanding Role of Nurse Practitioners (RN(ECs) in Ontario”, presented with Josh Liswood (May 2012)
- Coffee Talk: A Health Seminar Series, “Understanding Legal Documents for Guardianship, POA and Estates”, presented with Rachel Blumenfeld (April 2013)
- “Strategies for Managing the Disruptive Family Member”, Osgoode Professional Development CLE (September 2012)
- “Legislation and Case Law on CPR/DNR”, Respiratory Therapy Educational Retreat (September 2011)
- “Quality of Care”, Ontario Hospital Association Freedom of Information Regional Session, Thunder Bay (August 2011)
- Coffee Talk: A Health Seminar Series, “Medical Directives and Controlled Acts” (December 2010)
- Coffee Talk: A Health Seminar Series, “Patient Safety Reporting and Disclosure” (October 2008)
- Coffee Talk: A Health Seminar Series, “Disclosure of Harm” (June 2008)
- Are Your Professional Staff Rules and Regulations Up to Date?, Health Communiqué, October 2, 2017
- Public Consultation on Proposed Regulatory Amendments to Make LHINs Health Information Custodians under the Personal Health Information Protection Act, 2004, Health Communiqué, February 1, 2017
- Bill 84 Legislates Medically Assisted Dying in Ontario, Health Communiqué, December 16, 2016
- Disruptive Behaviour By Physicians: Further Perspectives on an Old Issue, Health Communiqué, November 14, 2016
- Dear Health Care Facility: Are You Prepared for a Request for Medical Assistance in Dying?, Health Communiqué, July 21, 2016
- What Hospitals Need to Know Following the Supreme Court of Canada’s Decision on Physician-Assisted Dying, Health Communiqué, February 23, 2015
- Essential Law for Social Work Practice in Canada, Third Edition, Oxford University Press, 2015
- Changes to Ontario and Federal drug oversight address regulatory gaps, Health Communiqué, July 25, 2013
- Amendments to the Controlled Drugs and Substances Act allow Midwives, Nurse Practitioners and Podiatrists/Chiropodists to Prescribe Controlled Drugs within their Scope of Practice, Health Communiqué, March 21, 2013
- Legislative Amendments Facilitate Expansion of Nurse Practitioners’ Role in Hospitals, Health Communiqué, July 14, 2011
- The Broader Public Sector Accountability Act, 2010 and Amendments to the Freedom of Information and Protection of Privacy Act, Health Communiqué, December 15, 2010
- Long-Term Care Homes Act and Regulation, Health Communiqué, December 15, 2010
- The Excellent Care for All Act, 2010, Health Communiqué, December 15, 2010
- Why you should have written employment contracts, The Pulse (Ontario Association of Naturopathic Doctors), 2010
- Managing Risk Around Influenza A (H1N1) (Swine Flu)–What Employers Should Know, Health Law in Canada at 76, 2009
- Significant Changes to Ontario’s Regulated Health Professions Act, 1991 in Effect, Health Communiqué, June 2, 2009
- Significant Changes To Ontario’s Regulated Health Professions Act, 1991 In Effect, Health Law in Canada at 24, 2009
- Long-Awaited Regulations for the Ontario Long-Term Care Homes Act, 2007 Proposed, Health Law in Canada at 15, 2009
- Long Awaited Regulations for the Ontario Long-Term Care Homes Act, 2007 Proposed, Health Communiqué, June 2, 2009 (2)
- Managing Risk Around Swine Flu – What Employers Should Know, Health Communiqué, May 1, 2009
- Managing Risk Around Swine Flu – What Employers Should Know, Labour and Employment Communiqué, May 1, 2009
- Tackling C. Difficile in Health Care Facilities, Communiqué for the Health Industry, August 1, 2008
- Upcoming PHIPA Review, Communiqué for the Health Industry, July 22, 2008
- Orders For Blood Testing – Implications of the Mandatory Blood Testing Act, 2006 (Ontario), Communiqué for the Health Industry, July 11, 2008
- New Do Not Resuscitate Confirmation Forms in Effect, Communiqué for the Health Industry, March 13, 2008
- Safe Vaccine Storage and Handling, CPSO Dialogue, 2006
- Health Care Practitioner – Patient E-mail Communication: Legal Concerns and Potential Safeguards, 3 Telehealth Law, 2002
Bar admissions & education
- Ontario Bar, 2004
- LL.B., Dalhousie University, 2003
- B Kinesiology (honours), McMaster University, 2000