Act
Proposed Legislative Amendments to Enable Interjurisdictional Mobility for Select Registered Health Professionals
Regulation Number(s):
n/a
Instrument Type:
Act
Bill or Act:
MLTA, 1991; Medicine Act, 1991; Nursing Act, 1991; RTA, 1991; CFMA, 2004; FLTCA, 2021; GLA; HARPA; HIA; NSAA, 2010; OMADA, 1991; PHA
Summary of Decision:
On July 24, 2023, Schedule 2 under Bill 60: Your Health Act, 2023, came into force which introduced new "As of Right" rules for certain out-of-province regulated health professionals (OPRHPs). Also coming into force are regulatory amendments made under four health profession Acts and a variety of supporting Acts that will support "As of Right" implementation.
With these new "As of Right" rules, the Ontario government will allow out-of-province physicians, nurses, medical laboratory technologists, and respiratory therapists registered in other provinces and territories and who meet specified conditions to immediately start working in Ontario's public hospitals and long-term care homes, without having to first register with one of Ontario's health regulatory colleges. This change will reduce registration barriers for certain health care workers registered in other provinces and territories, making it faster and easier for them to begin practice in Ontario.
With these new "As of Right" rules, the Ontario government will allow out-of-province physicians, nurses, medical laboratory technologists, and respiratory therapists registered in other provinces and territories and who meet specified conditions to immediately start working in Ontario's public hospitals and long-term care homes, without having to first register with one of Ontario's health regulatory colleges. This change will reduce registration barriers for certain health care workers registered in other provinces and territories, making it faster and easier for them to begin practice in Ontario.
Analysis of Regulatory Impact:
There will be no new administrative or direct compliance costs to industry as a result of the proposed legislative amendments. The changes are focused on eliminating barriers to registration for interjurisdictional registered health professionals to allow for expedited work in hospitals, LTC homes, and potentially other settings to increase health human resources. By eliminating the need to register, the proposed changes reduce financial and administrative barriers and allow professionals to come to Ontario quicky and efficiently.
The proposed amendments are not expected to create any new costs to government.
The proposed amendments are not expected to create any new costs to government.
Further Information:
Legislation
Proposal Number:
23-HLTC015
Posting Date:
February 21, 2023
Summary of Proposal:
On Feb 21st, the government introduced Bill 60, Your Health Act, 2023, to build on the initiatives laid out in the Your Health: Plan for Connected and Convenient Care ("the Plan") released on February 2. The Plan puts people at its heart, by adding and expanding health care services closer to home. This long-term plan is built on three pillars: The Right Care in the Right Place, Faster Access to Care, and Hiring More Health Care Workers. Through the Plan, the government is proposing to make legislative amendments that, if passed, will allow Canadian health care workers that are already registered in another Canadian jurisdiction to practice in Ontario, pending subsequent proposed regulations, without having to first register with one of Ontario's health regulatory Colleges. This would help Ontario hospitals, long-term care (LTC) homes, and potentially other settings to increase their health human resources capacity where they need it the most. The proposed legislation amends the following Acts to give the Minister regulation-making powers regarding exempting persons from the provisions that place restrictions around the use of professional titles and holding oneself out as being qualified to practice the profession:
• Medicine Act, 1991
• Nursing Act, 1991
• Medical Laboratory Technology Act, 1991
• Respiratory Therapy Act, 1991
Three Amendments to the FLTCA: First, the proposed legislation amends the definitions of physician, registered nurse (RN), registered nurse in the extended class, and registered practical nurse (RPN) under the FLTCA to include other providers as prescribed in regulation. Medical laboratory technologists and respiratory therapists are not defined under the FLTCA, therefore legislative amendments are not required. Second, the proposed amendments would expand the Lieutenant Governor in Council's power to make regulations that 1) prescribe physicians, RNs, RPNs, and RNs in the extended class; and 2) establish terms and limitations for those prescribed purposes. Finally, amendments will be made to s.28 of the FLTCA which currently imposes reporting obligations if there are instances of abuse, neglect, etc. This provision will expand the legal protection afforded under s.28 to include other Canadian interjurisdictional health professionals if they must report instances of abuse, neglect, etc. Additionally, consequential amendments are required to the following Acts to ensure there are no barriers to providing care:
Commitment to the Future of Medicare Act, 2004
• To prohibit extra billing
Gift of Life Act
• To permit tissue transplants in hospitals
Healing Arts Radiation Protection Act
• To permit interjurisdictional physicians and nurse practitioners to order x-rays
Health Insurance Act
• To allow compensation of interjurisdictional physicians through OHIP
Narcotics Safety and Awareness Act, 2010
• To require physicians and nurse practitioners to report when they prescribe and dispense narcotics
Ontario Medical Association Dues Act, 1991
• To permit the collection for Ontario Medical Association dues from interjurisdictional physicians
Public Hospitals Act
• To permit interjurisdictional physicians to practice in hospitals
Should the proposed legislation be approved for introduction and receive Royal Assent, it is anticipated to come into force upon proclamation at the same time as the supporting regulations are approved by the Lieutenant-Governor-in-Council
• Medicine Act, 1991
• Nursing Act, 1991
• Medical Laboratory Technology Act, 1991
• Respiratory Therapy Act, 1991
Three Amendments to the FLTCA: First, the proposed legislation amends the definitions of physician, registered nurse (RN), registered nurse in the extended class, and registered practical nurse (RPN) under the FLTCA to include other providers as prescribed in regulation. Medical laboratory technologists and respiratory therapists are not defined under the FLTCA, therefore legislative amendments are not required. Second, the proposed amendments would expand the Lieutenant Governor in Council's power to make regulations that 1) prescribe physicians, RNs, RPNs, and RNs in the extended class; and 2) establish terms and limitations for those prescribed purposes. Finally, amendments will be made to s.28 of the FLTCA which currently imposes reporting obligations if there are instances of abuse, neglect, etc. This provision will expand the legal protection afforded under s.28 to include other Canadian interjurisdictional health professionals if they must report instances of abuse, neglect, etc. Additionally, consequential amendments are required to the following Acts to ensure there are no barriers to providing care:
Commitment to the Future of Medicare Act, 2004
• To prohibit extra billing
Gift of Life Act
• To permit tissue transplants in hospitals
Healing Arts Radiation Protection Act
• To permit interjurisdictional physicians and nurse practitioners to order x-rays
Health Insurance Act
• To allow compensation of interjurisdictional physicians through OHIP
Narcotics Safety and Awareness Act, 2010
• To require physicians and nurse practitioners to report when they prescribe and dispense narcotics
Ontario Medical Association Dues Act, 1991
• To permit the collection for Ontario Medical Association dues from interjurisdictional physicians
Public Hospitals Act
• To permit interjurisdictional physicians to practice in hospitals
Should the proposed legislation be approved for introduction and receive Royal Assent, it is anticipated to come into force upon proclamation at the same time as the supporting regulations are approved by the Lieutenant-Governor-in-Council
Contact Address:
Health Workforce Regulatory Oversight Branch
Nursing and Professional Practice Division
Ministry of Health
438 University Avenue, 10th Floor
Toronto, Ontario, M5G 2K8
Nursing and Professional Practice Division
Ministry of Health
438 University Avenue, 10th Floor
Toronto, Ontario, M5G 2K8
Royal Assent Date:
May 18, 2023
Decision:
Approved