College of Physicians and Surgeons of Ontario
O. Reg. 134/10. The new provisions are found under Part XI of O. Reg. 114/94 (General).
Bill or Act:
Summary of Decision:
O. Reg. 134/10 was filed on April 6, 2010 and published on e-laws on April 8, 2010. O. Reg. 134/10 amended O. Reg. 114/94 (General) made under the Medicine Act, 1991 by adding Part XI (Inspection of Premises Where Certain Procedures are Performed).
June 14, 2010
Summary of Proposal:
Posted as an Information Item:
In Ontario, the regulation of health professions is based on a self-governance model. There are 21 health regulatory colleges governing 23 health professions under the Regulated Health Professions Act, 1991 (RHPA) and their respective health profession Acts. Health regulatory colleges operate at arm’s length from the provincial government and independently administer their own internal processes.
Under the RHPA and the Medicine Act, 1991, the College of Physicians and Surgeons of Ontario (CPSO) is responsible for governing the profession of medicine in Ontario. Under these Acts, the CPSO has the authority to make regulations on a variety of subject matter, including the performance of certain procedures such as cosmetic surgery by its members and inspecting the places at which such services are provided. The regulations are subject to the prior review by the Minister of Health and Long-Term Care and the approval of the Lieutenant Governor in Council.
In accordance with these authorities, the College of Physicians and Surgeons of Ontario made amendments to O. Reg. 114/94, (General) which adds Part XI entitled, “Inspection of Premises where Certain Procedures are Performed”, under the Medicine Act, 1991 to provide for the inspection of premises and equipment in out-of-hospital facilities in which members of the CPSO provide health services under certain levels of anesthetic including for example, endoscopy, interventional pain management and cosmetic surgery.
The regulation includes an inspection scheme for out-of-hospital premises where certain procedures are performed under local, regional and general anesthetic; allowing, as part of an inspection, the direct observation of a procedure performed on a patient by a member as part of an inspection; requirement for patient consent for the observation and use of patient name in any regulatory proceedings; prohibiting the performance of such procedures unless the premise has been inspected and approved by the CPSO; and allowing for re-inspections of all such out-of-hospital premises on a five year basis.
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Royal Assent Date:
April 6, 2010