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Audiology and Speech-Language Pathology Act, 1991
Loi de 1991 sur les audiologistes et les orthophonistes

ONTARIO REGULATION 21/12

general

Consolidation Period: From June 19, 2015 to the e-Laws currency date.

Last amendment: O. Reg. 164/15.

This Regulation is made in English only.

CONTENTS

PART I
REGISTRATION

Classes of Certificates

1.

Prescribed classes

Application for Certificate of Registration

2.

Application for certificate of registration

Requirements for Issuance of Certificate of Registration, Any Class

3.

Requirements for certificate of registration, any class

Conditions, Any Class

4.

Conditions, any class

General Certificates

5.

Registration requirements

6.

Conditions

7.

Canadian mobility

Initial Certificates

8.

Registration requirements

9.

Condition

10.

Term of certificate

11.

Canadian mobility

Non-Practising Certificates

12.

Registration requirements

13.

Conditions

14.

Issuance of general certificate of registration

15.

Canadian mobility

Academic Certificates

16.

Registration requirements

17.

Conditions

18.

Canadian mobility

Teaching Certificates

19.

Registration requirements

20.

Conditions

21.

Expiry

22.

Canadian mobility

Resignations, Suspensions, Revocations and Reinstatements

23.

Resignation

24.

Suspension

25.

Suspension, s. 24 of Code

26.

Revocation

27.

Reinstatement

Transitional

28.

Transitional

PART II
RECORDS

29.

Interpretation, “record”

30.

Duty to keep records up to date, etc.

31.

Records to be in English or French

32.

Patient health records

33.

Patient financial records

34.

Equipment service records

35.

Closure of practice

Schedule 1

 

 

Part i
registration

Classes of Certificates

Prescribed classes

1. The following are prescribed as classes of certificates of registration:

1. General.

2. Initial.

3. Non-practising.

4. Academic.

5. Teaching.  O. Reg. 21/12, s. 1.

Application for Certificate of Registration

Application for certificate of registration

2. A person may apply for a certificate of registration by submitting an application to the Registrar together with any applicable fees as required by the by-laws.  O. Reg. 21/12, s. 2.

Requirements for Issuance of Certificate of Registration, Any Class

Requirements for certificate of registration, any class

3. An applicant must satisfy the following registration requirements for the issuance of a certificate of registration of any class:

1. The applicant must provide details of any of the following that relate to the applicant:

i. A conviction for a criminal offence.

ii. A conviction for an offence related to the regulation of the practice of the profession in Ontario or in any other jurisdiction.

iii. A finding of professional misconduct, incompetency or incapacity in Ontario in relation to another health profession or in any other jurisdiction in relation to the profession or another health profession.

iv. A current proceeding for professional misconduct, incompetency or incapacity in Ontario in relation to another health profession or in any other jurisdiction in relation to the profession or another health profession.

v. A denial of registration, licensure or similar status by a regulatory body in Ontario that is responsible for the regulation of another health profession or by a regulatory body in another jurisdiction that is responsible for the regulation of the profession or another health profession.

vi. A revocation or suspension of registration, licensure or similar status in Ontario in relation to another health profession or in any other jurisdiction in relation to the profession or another health profession.

2. If the applicant is registered with a body responsible for the regulation of a health profession, the applicant must provide a certificate, letter or other evidence acceptable to the College from the regulatory body confirming that the applicant is in good standing.

3. If the applicant has ceased being registered with a body responsible for the regulation of a health profession, the applicant must provide a certificate, letter or other evidence acceptable to the College from the regulatory body indicating that the applicant was in good standing at the time he or she ceased being registered.

4. The applicant must provide proof that he or she has professional liability insurance in the amount and in the form as required by the by-laws.

5. The applicant must be able to speak, read and write either English or French with reasonable fluency.

6. The applicant’s past and present conduct must afford reasonable grounds for the belief that the applicant,

i. does not have a physical or mental condition or disorder that could affect his or her ability to practise the profession in a safe manner,

ii. will practise the profession with decency, integrity and honesty and in accordance with the law, and

iii. will display an appropriate professional attitude.

7. At the Registrar’s request, the applicant must undergo a criminal background check.  O. Reg. 21/12, s. 3.

Conditions, Any Class

Conditions, any class

4. Every certificate of registration is subject to the following conditions:

1. The member shall provide the College with details of any of the following that relate to the member and that occur or arise after the member is issued a certificate of registration:

i. A conviction for any offence in Ontario or in any other jurisdiction.

ii. A finding of professional misconduct, incompetency or incapacity in Ontario in relation to another health profession or in any other jurisdiction in relation to the profession or another health profession.

iii. A current proceeding for professional misconduct, incompetency or incapacity in Ontario in relation to another health profession or in any other jurisdiction in relation to the profession or another health profession.

iv. A denial of registration, licensure or similar status by a regulatory body in Ontario that is responsible for the regulation of another health profession or by a regulatory body in another jurisdiction that is responsible for the regulation of the profession or another health profession.

v. A revocation or suspension of registration, licensure or similar status in Ontario in relation to another health profession or in any other jurisdiction in relation to the profession or another health profession.

2. The member shall maintain professional liability insurance in the amount and in the form as required by the by-laws.  O. Reg. 21/12, s. 4.

General Certificates

Registration requirements

5. (1) The following are non-exemptible registration requirements for a general certificate of registration:

1. The applicant must have a professional master’s degree in audiology or speech-language pathology or both from,

i. a Canadian university program accredited by the Council for Accreditation of Canadian University Programs in Audiology and Speech-Language Pathology or by another accrediting body approved by the Council for that purpose, or

ii. a university program, other than one referred to in subparagraph i, that is determined by a panel of the Registration Committee, in accordance with subsection (2), to be equivalent to a program referred to in that subparagraph.

2. The applicant must be a Canadian citizen or a permanent resident of Canada or be authorized by the Immigration and Refugee Protection Act (Canada) to engage in the practice of the profession.  O. Reg. 21/12, s. 5 (1).

(2) For the purposes of subparagraph 1 ii of subsection (1), a university program is equivalent to a program referred to in subparagraph 1 i of subsection (1) if the program contains the following:

1. 270 hours of coursework in basic communication processes which include,

i. the anatomic and physiologic basis for normal development and use of speech, language and hearing,

ii. physical bases and processes of the production and perception of speech, and

iii. perceptual processes and psycholinguistic variables related to normal development and use of speech, language and hearing.

2. 200 hours of coursework in related areas which include,

i. study of human behaviour, both normal and abnormal,

ii. statistics, and

iii. administrative organization of programs in speech language pathology or audiology or both.

3. 360 hours of coursework, at a standard satisfactory to the Registration Committee, in the major professional area which provides in-depth study of,

i. disorders of speech and language or of hearing functioning, and

ii. clinical evaluation and treatment of communication disorders.

4. 90 hours of coursework in the minor professional area which provides study in audiology for speech-language pathology majors and study in speech-language pathology for audiology majors.

5. 300 hours of supervised university accredited clinical practicum with both children and adults representing a wide variety of communication disorders in the area in which registration is sought and consisting of,

i. at least 225 hours of experience within the major professional area, and

ii. a minimum of 20 hours in the minor area.  O. Reg. 21/12, s. 5 (2).

(3) It is a requirement for a general certificate of registration that the applicant have held an initial certificate of registration for the length of time required under section 10 or have satisfactorily completed two years of professional practice in another jurisdiction.  O. Reg. 21/12, s. 5 (3).

Conditions

6. (1) The following are the conditions of a general certificate of registration:

1. The member shall provide 750 hours of patient care or related work in audiology or speech-language pathology during every three-year period that begins on the day that the member is issued a general certificate of registration.

2. The member shall immediately inform the Registrar in writing in the event that the member ceases to be a Canadian citizen or permanent resident of Canada or to have authorization under the Immigration and Refugee Protection Act (Canada) permitting the member to engage in the practice of the profession.  O. Reg. 21/12, s. 6 (1).

(2) If a member fails to meet the condition described in paragraph 1 of subsection (1), the Registrar may refer the member for a peer and practice assessment.  O. Reg. 21/12, s. 6 (2).

Canadian mobility

7. (1) Where section 22.18 of the Health Professions Procedural Code applies to an applicant, the requirements of paragraph 1 of subsection 5 (1) and subsection 5 (3) of this Regulation are deemed to have been met by the applicant.  O. Reg. 21/12, s. 7 (1).

(2) Where an applicant referred to in subsection (1) is unable to satisfy the Registrar that the applicant practised the profession to the extent that would be permitted by a general certificate of registration at any time in the three years immediately before the date of that applicant’s application, the applicant must meet any further requirement to undertake, obtain or undergo material additional training, experience, examinations or assessments that may be specified by a panel of the Registration Committee.  O. Reg. 21/12, s. 7 (2).

(3) An applicant referred to in subsection (1) is deemed to have met the requirements of paragraph 5 of section 3 where the requirements for the issuance of the applicant’s out-of-province certificate included language proficiency requirements equivalent to those required by that paragraph.  O. Reg. 21/12, s. 7 (3).

(4) Despite subsection (1), an applicant is not deemed to have met a requirement if that requirement is described in subsection 22.18 (3) of the Health Professions Procedural Code.  O. Reg. 21/12, s. 7 (4).

Initial Certificates

Registration requirements

8. (1) The following are non-exemptible registration requirements for an initial certificate of registration:

1. Subject to subsection (2), the applicant must satisfy the non-exemptible requirements for a general certificate of registration as set out in subsections 5 (1) and (2).

2. The applicant must provide the Registrar with proof that he or she has an offer of employment in Ontario as an audiologist or speech-language pathologist.  O. Reg. 21/12, s. 8 (1).

(2) The Registrar may issue an initial certificate of registration to an applicant who has not completed the coursework or clinical practicum hours, or both, in a minor area of study if the applicant undertakes to complete the coursework and clinical practicum hours, as the case may be, during the term of the initial certificate of registration.  O. Reg. 21/12, s. 8 (2).

Condition

9. It is a condition of an initial certificate of registration that the member practise under the mentorship of a holder of a general certificate of registration in accordance with the policies of the College.  O. Reg. 21/12, s. 9.

Term of certificate

10. (1) Subject to subsection (2), the term of an initial certificate of registration is six months.  O. Reg. 21/12, s. 10 (1).

(2) The Registrar may extend the term of an initial certificate of registration for an additional period of no more than 18 months if either of the following circumstances exist:

1. The member has not completed the coursework and clinical practicum hours referred to in subsection 8 (2) by the end of the six months.

2. The member has completed the coursework and clinical practicum hours referred to in subsection 8 (2) by the end of the six months but, in the Registrar’s opinion, the member does not have the skills or competency necessary to be issued a general certificate of registration.  O. Reg. 21/12, s. 10 (2).

Canadian mobility

11. (1) Where section 22.18 of the Health Professions Procedural Code applies to an applicant, the requirement of paragraph 1 of subsection 8 (1) of this Regulation is deemed to have been met by the applicant.  O. Reg. 21/12, s. 11 (1).

(2) Despite subsection (1), the applicant is not deemed to have satisfied the non-exemptible registration requirement set out in paragraph 2 of subsection 5 (1) that the applicant must be a Canadian citizen or a permanent resident of Canada or be authorized by the Immigration and Refugee Protection Act (Canada) to engage in the practice of the profession.  O. Reg. 21/12, s. 11 (2).

(3) Where the applicant is unable to satisfy the Registrar that the applicant practised the profession to the extent that would be permitted by an initial certificate of registration at any time in the three years immediately before the date of that applicant’s application, the applicant must meet any further requirement to undertake, obtain or undergo material additional training, experience, examinations or assessments that may be specified by a panel of the Registration Committee.  O. Reg. 21/12, s. 11 (3).

(4) The applicant is deemed to have met the requirements of paragraph 5 of section 3 where the requirements for the issuance of the applicant’s out-of-province certificate included language proficiency requirements equivalent to those required by that paragraph.  O. Reg. 21/12, s. 11 (4).

(5) Despite subsection (1), the applicant is not deemed to have met a requirement if that requirement is described in subsection 22.18 (3) of the Health Professions Procedural Code.  O. Reg. 21/12, s. 11 (5).

Non-Practising Certificates

Registration requirements

12. The following are non-exemptible registration requirements for a non-practising certificate of registration:

1. The applicant must,

i. hold a general certificate of registration and be in good standing with the College, or

ii. be eligible to be issued a general certificate of registration.

2. The applicant must have completed a minimum of two years of practice within the scope of the profession.  O. Reg. 21/12, s. 12.

Conditions

13. The following are the conditions of a non-practising certificate of registration:

1. The member shall make an annual application for renewal of his or her non-practising certificate of registration.

2. The member shall not engage in the practice of audiology or speech-language pathology in Ontario.  O. Reg. 21/12, s. 13.

Issuance of general certificate of registration

14. A holder of a non-practising certificate of registration shall be issued a general certificate of registration if he or she satisfies the following conditions:

1. The member satisfies a panel of the Registration Committee that,

i. the member has provided 750 hours of patient care or related work in audiology or speech-language pathology during the three years immediately preceding the date on which the College receives an application from the member for the issuance of a general certificate of registration, or

ii. the member has successfully completed any further education or training, or any combination of education and training, that was specified by a panel of the Registration Committee.

2. The member pays any applicable fees required by the by-laws.

3. The member is in compliance with any outstanding orders issued by any committee of the College or with any undertakings given to the College.  O. Reg. 21/12, s. 14.

Canadian mobility

15. Where an applicant holds an out-of-province certificate that, in the opinion of the Registration Committee, is substantially equivalent to a non-practising certificate of registration, the requirement set out in paragraph 1 of section 12 is deemed to have been met by the applicant if he or she provides one or more certificates or letters or other evidence satisfactory to the Registrar or a panel of the Registration Committee establishing that the applicant is in good standing as either an audiologist or speech-language pathologist in every jurisdiction where the applicant holds an out-of-province certificate.  O. Reg. 21/12, s. 15.

Academic Certificates

Registration requirements

16. The following are non-exemptible registration requirements for an academic certificate of registration:

1. The applicant must satisfy the non-exemptible requirements for a general certificate of registration as set out in subsections 5 (1) and (2).

2. The applicant must have an appointment to the academic staff of a post-secondary institution to teach or conduct research in audiology or speech-language pathology or both.  O. Reg. 21/12, s. 16.

Conditions

17. The following are conditions of an academic certificate of registration:

1. The member shall hold and maintain an appointment in a post-secondary institution in audiology or speech-language pathology or both.

2. The member shall only practise in a setting related to the academic appointment.

3. The member shall immediately inform the Registrar in writing in the event that the member ceases to be a Canadian citizen or permanent resident of Canada or to have authorization under the Immigration and Refugee Protection Act (Canada) permitting the member to engage in the practice of the profession.  O. Reg. 21/12, s. 17.

Canadian mobility

18. (1) Where section 22.18 of the Health Professions Procedural Code applies to an applicant, the requirement of paragraph 1 of section 16 of this Regulation is deemed to have been met by the applicant.  O. Reg. 21/12, s. 18 (1).

(2) Where an applicant referred to in subsection (1) is unable to satisfy the Registrar that the applicant practised the profession to the extent that would be permitted by an academic certificate of registration at any time in the three years immediately before the date of that applicant’s application, the applicant must meet any further requirement to undertake, obtain or undergo material additional training, experience, examinations or assessments that may be specified by a panel of the Registration Committee.  O. Reg. 21/12, s. 18 (2).

(3) An applicant referred to in subsection (1) is deemed to have met the requirements of paragraph 5 of section 3 where the requirements for the issuance of the applicant’s out-of-province certificate included language proficiency requirements equivalent to those required by that paragraph.  O. Reg. 21/12, s. 18 (3).

(4) Despite subsection (1), an applicant is not deemed to have met a requirement if that requirement is described in subsection 22.18 (3) of the Health Professions Procedural Code.  O. Reg. 21/12, s. 18 (4).

Teaching Certificates

Registration requirements

19. (1) The following are non-exemptible registration requirements for a teaching certificate of registration:

1. One of the following circumstances must exist:

i. The applicant holds a graduate degree in speech-language pathology or audiology and the applicant is qualified to practise as an audiologist or speech-language pathologist in his or her resident jurisdiction.

ii. The applicant holds a degree, other than one referred to in subparagraph i, that is determined by a panel of the Registration Committee, in accordance with subsection (2), to be equivalent to a degree referred to in that subparagraph.

2. The applicant must have been invited to teach or conduct research for a limited duration by an institution referred to in Schedule 1.

3. A member who holds either a general certificate of registration or an academic certificate of registration must have undertaken the supervision of the applicant and that person is responsible for providing continuing care for patients attended to by the applicant in Ontario.  O. Reg. 21/12, s. 19 (1).

(2) For the purposes of subparagraph 1 ii of subsection (1), a degree is equivalent to a graduate degree referred to in subparagraph 1 i of subsection (1) if the degree is awarded as a result of the successful completion of a university program that meets the requirements set out in subsection 5 (2).  O. Reg. 21/12, s. 19 (2).

Conditions

20. The following are conditions of a teaching certificate of registration:

1. The member shall practise in his or her area of expertise only to the extent required for the purposes of the continuing education program, the member’s research or other limited teaching contract.

2. The member shall practise only under the supervision of the member who gave the undertaking referred to in paragraph 3 of subsection 19 (1).  O. Reg. 21/12, s. 20.

Expiry

21. A teaching certificate of registration expires on the date set out on the certificate which shall be no later than one year after the day it was issued.  O. Reg. 21/12, s. 21.

Canadian mobility

22. (1) Where section 22.18 of the Health Professions Procedural Code applies to an applicant, the requirement of paragraph 1 of subsection 19 (1) of this Regulation is deemed to have been met by the applicant.  O. Reg. 21/12, s. 22 (1).

(2) Where an applicant referred to in subsection (1) is unable to satisfy the Registrar that the applicant practised the profession to the extent that would be permitted by a teaching certificate of registration at any time in the three years immediately before the date of that applicant’s application, the applicant must meet any further requirements to undertake, obtain or undergo material additional training, experience, examinations or assessments that may be specified by a panel of the Registration Committee.  O. Reg. 21/12, s. 22 (2).

(3) An applicant referred to in subsection (1) is deemed to have met the requirements of paragraph 5 of section 3 where the requirements for the issuance of the applicant’s out-of-province certificate included language proficiency requirements equivalent to those required by that paragraph.  O. Reg. 21/12, s. 22 (3).

(4) Despite subsection (1), an applicant is not deemed to have met a requirement if that requirement is described in subsection 22.18 (3) of the Health Professions Procedural Code.  O. Reg. 21/12, s. 22 (4).

Resignations, Suspensions, Revocations and Reinstatements

Resignation

23. A member may resign his or her membership by giving written notice to that effect to the Registrar.  O. Reg. 21/12, s. 23.

Suspension

24. (1) If a member ceases to be a Canadian citizen or permanent resident of Canada or to have authorization under the Immigration and Refugee Protection Act (Canada) permitting the member to engage in the practice of the profession, the Registrar may give the member notice of intention to suspend the member and may suspend the member’s certificate of registration within 30 days after notice is given.  O. Reg. 21/12, s. 24 (1).

(2) If the Registrar suspends the member’s certificate of registration under subsection (1), the Registrar shall lift the suspension upon being satisfied that the member obtains Canadian citizenship or becomes a permanent resident of Canada or attains authorization under the Immigration and Refugee Protection Act (Canada) permitting the member to engage in the practice of the profession.  O. Reg. 21/12, s. 24 (2).

Suspension, s. 24 of Code

25. If the Registrar suspends the member’s certificate of registration under section 24 of the Health Professions Procedural Code, the Registrar shall lift the suspension upon payment of any applicable fees and penalties.  O. Reg. 21/12, s. 25.

Revocation

26. If a certificate of registration has been suspended under section 24 of this Regulation or under section 24 of the Health Professions Procedural Code and the suspension has not been lifted, the certificate is revoked on the day that is 12 months after the day it was suspended.  O. Reg. 21/12, s. 26.

Reinstatement

27. (1) A former member whose certificate of registration was revoked under section 26 may apply for the reinstatement of his or her certificate by submitting a completed application to the Registrar in the form provided by the Registrar.  O. Reg. 21/12, s. 27 (1).

(2) The Registrar shall reinstate the former member’s certificate of registration if the following criteria are met:

1. The former member has paid any applicable fees and penalties required by the by-laws.

2. The former member has satisfied the Registrar that he or she has corrected the deficiency or deficiencies that provided the grounds for the revocation of his or her certificate.

3. The Registrar is satisfied that the former member meets all of the requirements for the class of certificate of registration being reinstated, as those requirements read on the day that the applicant submitted the application to the Registrar.  O. Reg. 21/12, s. 27 (2).

Transitional

Transitional

28. (1) A certificate of registration that was valid immediately before the coming into force of this Regulation is deemed to be a certificate of registration under this Regulation, and continues until it is revoked or otherwise expires.  O. Reg. 21/12, s. 28 (1).

(2) If a person submitted an application for a certificate of registration before the coming into force of this Regulation, and that application was still being dealt with at the time this Regulation came into force, Ontario Regulation 543/94 (General) made under the Act, as it read immediately before this Regulation came into force, applies with respect to that application.  O. Reg. 21/12, s. 28 (2).

Part II
records

Interpretation, “record”

29. In this Regulation, a record includes a record in electronic or paper format. O. Reg. 164/15, s. 3.

Duty to keep records up to date, etc.

30. (1) Every member shall, in relation to his or her practice, ensure that his or her records are up to date and made, used, maintained, retained and disclosed in accordance with this Regulation. O. Reg. 164/15, s. 3.

(2) However, if a member is practising the profession in collaboration with any other person, the member shall take reasonable steps to ensure that the records are up to date and made, used, maintained, retained and disclosed in accordance with this Regulation. O. Reg. 164/15, s. 3.

Records to be in English or French

31. Every record must be legible and must be written in English or French. O. Reg. 164/15, s. 3.

Patient health records

32. (1) In this section,

“screening process” means a process where a member applies certain measures that are designed to identify a patient who may have hearing, balance, communication, swallowing or other similar disorders, for the sole purpose of determining the patient’s need for a speech-language pathology assessment, an audiological assessment or both. O. Reg. 164/15, s. 3.

(2) For every patient who is not part of a screening process, a member shall maintain a patient health record that contains the following information:

1. The patient’s name, address, telephone number and date of birth.

2. The date and purpose of each professional contact with the patient and whether the contact was made in person, by telephone or electronically.

3. The name and address of any person who referred the patient to the member, if available.

4. The patient’s health history, including any educational, developmental or other relevant issues concerning the patient.

5. The nature and, if known, the result of,

i. each assessment relating to the patient,

ii. each clinical finding relating to the patient,

iii. any recommendation made by the member to the patient,

iv. each treatment performed, and

v. any advice given to the patient, including any pre-treatment or post-treatment advice, and the identity of the person who gave the advice if that person was not the member.

6. The identity of the person who provided any service to the patient, if that person was not the member.

7. Every referral of the patient by the member to any other person.

8. Every written report received by the member relating to an assessment, test, consultation or treatment performed by any other person concerning the patient.

9. Every controlled act, within the meaning of subsection 27 (2) of the Regulated Health Professions Act, 1991, performed by the member on the patient.

10. If a controlled act has been delegated to the member by a member of a regulated health profession, the name of the other member, the nature of the controlled act and whether the delegated act was performed on the patient.

11. Every professional service that was commenced but not completed, including the reasons for non-completion.

12. Every cancellation of an appointment by the patient and, if available, the reason for the cancellation.

13. Every refusal of a treatment or procedure by the patient or by the patient’s authorized representative.

14. A record of every consent provided by the patient or by the patient’s authorized representative.

15. A copy of or, if a copy is not available, the details about any report concerning the patient that was required to be made under the Act, the Regulated Health Professions Act, 1991 or any other law of Ontario or Canada.

16. A copy of or, if a copy is not available, the details about any legal requirement that compelled the member to disclose any information concerning the patient or the patient’s records, including the name of the person or official to whom the disclosure was made and the nature of the legal requirement.

17. A report of any adverse outcome relating to the provision of health care services to the patient by the member, including any injury to the patient, the member or any person assisting the member. O. Reg. 164/15, s. 3.

(3) For every patient who is part of a screening process, a member shall maintain a patient health record that contains the following information:

1. If the patient is not part of a group screening process, the patient’s name and either,

i. the patient’s address, telephone number and date of birth, or

ii. a notation of the patient’s refusal to provide some or all of the information described in subparagraph i.

2. If the patient is part of a group screening process, the patient’s name and a reference to the group with whom the patient is identified.

3. The date, nature and result of every screening process performed by the member on the patient.

4. Any action taken by the member as a result of the screening process.

5. A record of every consent provided by the patient or by the patient’s authorized representative. O. Reg. 164/15, s. 3.

(4) Despite subsections (2) and (3), a member is not required to maintain a patient health record in either of the following circumstances:

1. The member is part of a multi-disciplinary team whose purpose is to provide a treatment plan, a report or ongoing services to a patient and the patient’s health record is maintained by a person who is part of the team and who is a member of a College under the Regulated Health Professions Act, 1991.

2. The member provides information to a member of the College or a member of another College under the Regulated Health Professions Act, 1991 in the nature of a consultation. O. Reg. 164/15, s. 3.

(5) Every member shall ensure that,

(a) every part of a patient health record has a reference identifying the patient; and

(b) every entry in a patient health record is dated and includes the identity of the person who made or dictated the entry. O. Reg. 164/15, s. 3.

(6) Every member shall retain a patient’s health record for at least 10 years following,

(a) the date of the member’s last professional contact with the patient, if the patient was 18 years or older on that date; or

(b) the date that the patient became or would have become 18 years old, if the patient was younger than 18 years on the date of the member’s last professional contact with the patient. O. Reg. 164/15, s. 3.

Patient financial records

33. (1) Subject to subsection (2), every member shall maintain a financial record for each patient that contains the following information regardless of whether the member bills the patient directly for professional products or services provided to the patient or bills a third party:

1. The patient’s name.

2. The member’s name.

3. If the person who provided the professional product or service was not the member, the name of that person.

4. Each professional product or service provided to the patient and the date it was provided.

5. The fee charged or received that relates to each professional product or service provided to the patient.

6. The total fee charged or received for all of the professional products or services.

7. A record of the receipt given by or on behalf of the member, if available. O. Reg. 164/15, s. 3.

(2) A member is not required to maintain a financial record for a patient if the patient is part of a group screening process referred to in paragraph 2 of subsection 32 (3). O. Reg. 164/15, s. 3.

(3) Every member shall retain a patient’s financial record for at least 10 years following,

(a) the date of the member’s last professional contact with the patient, if the patient was 18 years or older on that date; or

(b) the date that the patient became or would have become 18 years old, if the patient was younger than 18 years on the date of the member’s last professional contact with the patient. O. Reg. 164/15, s. 3.

Equipment service records

34. (1) Every member shall maintain an equipment service record that contains servicing information, including the date of every service, for any instrument or equipment that requires servicing and that is used by the member in the practice of the profession. O. Reg. 164/15, s. 3.

(2) Every member shall retain each equipment service record for 10 years from the date of the last servicing entry relating to the instrument or equipment. O. Reg. 164/15, s. 3.

Closure of practice

35. If a member intends to close his or her practice, he or she shall do both of the following:

1. Take reasonable steps to give appropriate notice of the intended closure to each patient for whom the member has primary responsibility.

2. Ensure that each patient’s health and financial records are,

i. transferred to the member’s successor or another member, if the patient so requests,

ii. retained in a secure manner, or

iii. disposed of in a secure manner, subject to the requirements to retain the records as set out in subsections 32 (6) and 33 (3). O. Reg. 164/15, s. 3.

Schedule 1

1. Boards under the Education Act.

2. Boards of health under the Health Protection and Promotion Act.

3. Independent health facilities under the Independent Health Facilities Act.

4. Psychiatric facilities under the Mental Health Act.

5. Public hospitals under the Public Hospitals Act.

6. Agencies, boards or commissions as defined by the Government of Ontario.

7. Long-term care homes under the Long-Term Care Homes Act, 2007.

8. Institutions funded by the Minister of Health and Long-Term Care as community health centres, health service organizations, or comprehensive health organizations.

9. Institutions funded by the Minister of Community and Social Services.

10. Post-secondary educational institutions.

O. Reg. 21/12, Sched. 1.