Regulation - Minister
New Regulations made under the Regulated Health Professions Act, 1991
Regulation Number(s):
260/18
261/18
262/18
261/18
262/18
Instrument Type:
Regulation - Minister
Bill or Act:
Regulated Health Professions Act, 1991
Summary of Decision:
Made: April 10, 2018
Approved: April 18, 2018
Filed: April 20, 2018
Published on e-Laws: April 20, 2018
Printed in The Ontario Gazette: May 5, 2018
Approved: April 18, 2018
Filed: April 20, 2018
Published on e-Laws: April 20, 2018
Printed in The Ontario Gazette: May 5, 2018
Analysis of Regulatory Impact:
No new administrative cost for business.
Further Information:
O.Reg. 260/18
Proposal Number:
18-HLTC020
Posting Date:
March 2, 2018
Summary of Proposal:
1. Criteria defining who is a patient, for the purpose of sexual abuse
The proposed regulation establishes criteria for the purpose of defining who is a patient, in the context of sexual abuse.
According to the criteria, an individual can be considered a patient where there is a direct interaction between the individual and the member of the regulated health profession and any of the following conditions are met:
- The regulated health professional has charged or received payment for a health care service provided to the individual
- The regulated health professional has contributed to a health record or file for the individual
- The individual consented to a health care service recommended by the regulated health professional
- The regulated health professional prescribed a drug that can only be obtained with a prescription, to the individual
2. Additional information required on the College register
The proposed regulation would further expand the information that each health regulatory college is required to post about members of the profession on the college register:
- All criminal findings of guilt in Canada (per the Criminal Code and the Controlled Drug and Substance Act) that have not been overturned on appeal, and where a record suspension has not been issued
- All criminal charges that are in effect in Canada
- Bail conditions and other release conditions related to a charge that are in effect in Canada
- Disciplinary findings by any professional regulatory or licensing authorities in any other jurisdictions
- Licenses and registration held in any other jurisdictions
3. Prescribed offences
College Discipline Committee panels would be required to revoke the certificate of registration of members found guilty of professional misconduct under clause 51(1)(a) of the Health Professions Procedural Code, which is Schedule 2 of the Regulated Health Professionals Act, 1991 where the offence for which the member has been found guilty is one of the following offences under the Criminal Code:
• 151 - Sexual interference
• 152 - Invitation to sexual touching
• 153 - Sexual exploitation
• 153.1 - Sexual exploitation of a person with disability
• 160 (3) - Bestiality in the presence of or by a child
• 162 - Voyeurism
• 162.1 - Publication, etc., of an intimate image without consent
• 163.1 - Child pornography
• 170 - Parent or guardian procuring sexual activity
• 171.1 - Making sexually explicit material available to a child
• 172.1 - Luring a child
• 172.2 - Agreement or arrangement - sexual offence against a child
• 271 - Sexual assault
• 272 - Sexual assault with a weapon, threats to a third party or causing bodily harm
• 273 - Aggravated sexual assault
The proposed regulation establishes criteria for the purpose of defining who is a patient, in the context of sexual abuse.
According to the criteria, an individual can be considered a patient where there is a direct interaction between the individual and the member of the regulated health profession and any of the following conditions are met:
- The regulated health professional has charged or received payment for a health care service provided to the individual
- The regulated health professional has contributed to a health record or file for the individual
- The individual consented to a health care service recommended by the regulated health professional
- The regulated health professional prescribed a drug that can only be obtained with a prescription, to the individual
2. Additional information required on the College register
The proposed regulation would further expand the information that each health regulatory college is required to post about members of the profession on the college register:
- All criminal findings of guilt in Canada (per the Criminal Code and the Controlled Drug and Substance Act) that have not been overturned on appeal, and where a record suspension has not been issued
- All criminal charges that are in effect in Canada
- Bail conditions and other release conditions related to a charge that are in effect in Canada
- Disciplinary findings by any professional regulatory or licensing authorities in any other jurisdictions
- Licenses and registration held in any other jurisdictions
3. Prescribed offences
College Discipline Committee panels would be required to revoke the certificate of registration of members found guilty of professional misconduct under clause 51(1)(a) of the Health Professions Procedural Code, which is Schedule 2 of the Regulated Health Professionals Act, 1991 where the offence for which the member has been found guilty is one of the following offences under the Criminal Code:
• 151 - Sexual interference
• 152 - Invitation to sexual touching
• 153 - Sexual exploitation
• 153.1 - Sexual exploitation of a person with disability
• 160 (3) - Bestiality in the presence of or by a child
• 162 - Voyeurism
• 162.1 - Publication, etc., of an intimate image without consent
• 163.1 - Child pornography
• 170 - Parent or guardian procuring sexual activity
• 171.1 - Making sexually explicit material available to a child
• 172.1 - Luring a child
• 172.2 - Agreement or arrangement - sexual offence against a child
• 271 - Sexual assault
• 272 - Sexual assault with a weapon, threats to a third party or causing bodily harm
• 273 - Aggravated sexual assault
Contact Address:
Health Workforce Planning and Regulatory Affairs Division
56 Wellesley St W, 12th floor
Toronto, ON M5S 3R9
56 Wellesley St W, 12th floor
Toronto, ON M5S 3R9
Effective Date:
May 1, 2018
Decision:
Approved