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Medical Radiation Technology Act, 1991
Loi de 1991 sur les technologues en radiation médicale

ONTARIO REGULATION 375/12

GENERAL

Consolidation Period: From November 19, 2012 to the e-Laws currency date.

No amendments.

This Regulation is made in English only.

PART I
ADVERTISING

Contents of advertisement

1. (1) An advertisement with respect to a member’s practice must not contain,

(a) anything that is false or misleading;

(b) anything that, because of its nature, cannot be verified;

(c) subject to subsection (2), a reference to any area of practice or to any procedure or treatment;

(d) an endorsement other than an endorsement by an organization that is known to have expertise relevant to the subject matter of the endorsement;

(e) a testimonial by a patient or former patient or by a friend or relative of a patient or former patient; or

(f) a reference to a drug or to a particular brand of equipment or product used to provide health services. O. Reg. 375/12, s. 1 (1).

(2) An advertisement with respect to a member’s practice may contain a reference to a prescribed specialty or a procedure or treatment within the scope of a prescribed specialty, if the member holds a specialty certificate of registration in the specialty and the advertisement states that the member is a specialist in the specialty. O. Reg. 375/12, s. 1 (2).

(3) An advertisement must be readily comprehensible to the persons to whom it is directed. O. Reg. 375/12, s. 1 (3).

PART II
QUALITY ASSURANCE

General

Definitions

2. In this Part,

“assessor” means a person appointed under section 81 of the Health Professions Procedural Code;

“Committee” means the Quality Assurance Committee required by subsection 10 (1) of the Health Professions Procedural Code;

“program” means the quality assurance program required by section 80 of the Health Professions Procedural Code;

“stratified random sampling” means a sampling where groups of members are,

(a) removed from the pool of members to be sampled, or

(b) weighted to increase or decrease the likelihood of their being selected. O. Reg. 375/12, s. 2.

Components of program

3. (1) The program shall include the following components:

1. Continuing education or professional development designed to,

i. promote continuing competence and continuing quality improvement among the members,

ii. address changes in practice environments, and

iii. incorporate standards of practice, advances in technology, changes made to entry to practice competencies and other relevant issues at the discretion of the Council.

2. Self, peer and practice assessments.

3. A mechanism for the College to monitor members’ participation in and compliance with the program.

4. The collection, analysis and dissemination of information. O. Reg. 375/12, s. 3 (1).

(2) Every member shall participate in the program and shall co-operate with the Committee and any assessor. O. Reg. 375/12, s. 3 (2).

Administration of program

4. (1) The Committee shall administer the program. O. Reg. 375/12, s. 4 (1).

(2) A panel of the Committee may exercise any of the powers of the Committee under this Part. O. Reg. 375/12, s. 4 (2).

(3) The Chair of the Committee may select a panel from among the members of the Committee. O. Reg. 375/12, s. 4 (3).

(4) A panel shall be composed of at least three persons who are members of the Committee, at least one of whom shall be a member of the Council that was appointed by the Lieutenant Governor in Council. O. Reg. 375/12, s. 4 (4).

(5) Two members of a panel constitute a quorum. O. Reg. 375/12, s. 4 (5).

Self-Assessment, Continuing Education and Professional Development

Participation

5. (1) Each year, a member shall participate in self-assessment and continuing education or professional development activities in the manner approved by the Council in order to maintain the knowledge, skills and judgment required to practise the profession in accordance with the standards of practice and ethics set by the College. O. Reg. 375/12, s. 5 (1).

(2) A member shall keep a record of his or her self-assessments and participation in continuing education or professional development activities in the form and manner approved by the Committee and shall retain the record for the period of time specified by the Committee. O. Reg. 375/12, s. 5 (2).

(3) At the request of the Committee or an assessor, a member shall make his or her records available to the Committee or the assessor for assessment. O. Reg. 375/12, s. 5 (3).

(4) After assessing a member’s records, the Committee may,

(a) require the member to complete the member’s records;

(b) require the member to participate in one or more specified continuing education or professional development activities; or

(c) refer the member for a peer and practice assessment. O. Reg. 375/12, s. 5 (4).

Certificate of compliance

6. Each year, a member shall complete, sign and submit to the Registrar, a certificate stating whether he or she has complied with the requirements of the program that year. O. Reg. 375/12, s. 6.

Peer and Practice Assessment

Selection of members

7. The Committee may require a member to undergo a peer and practice assessment if the member,

(a) is selected in accordance with the Committee’s practice of random selection for assessment, which may include stratified random sampling;

(b) is referred for a peer and practice assessment under clause 5 (4) (c);

(c) has previously undergone a peer and practice assessment and the Committee is of the opinion that the member should be re-assessed; or

(d) is selected on the basis of criteria specified by the Committee and published on the College’s website at least three months before the member is selected on the basis of those criteria. O. Reg. 375/12, s. 7.

Process

8. (1) A peer and practice assessment shall be conducted by the Committee or an assessor. O. Reg. 375/12, s. 8 (1).

(2) A peer and practice assessment shall assess the member’s knowledge, skills and judgment and may include information gathering and analysis by a third party. O. Reg. 375/12, s. 8 (2).

(3) A peer and practice assessment may involve, but is not limited to, the following activities:

1. Inspecting the premises where the member practises.

2. Inspecting the member’s records, including records relating to the care of patients.

3. Interviewing or surveying the member and his or her employer, employees, co-workers, peers and patients.

4. Observing the member in his or her practice of the profession.

5. Requiring the member to answer, orally or in writing, questions related to the member’s practice.

6. Requiring the member to solve simulated problems or case studies related to the member’s practice. O. Reg. 375/12, s. 8 (3).

(4) The Committee may require a member to undertake additional peer and practice assessment activities if, in the opinion of the Committee, more information is required to determine whether the member’s knowledge, skills and judgment are satisfactory. O. Reg. 375/12, s. 8 (4).

(5) If a peer and practice assessment is conducted by an assessor, the assessor shall provide a written report of the assessment to the Committee. O. Reg. 375/12, s. 8 (5).

(6) If a peer and practice assessment is conducted by the Committee, the Committee shall prepare a written report of the assessment. O. Reg. 375/12, s. 8 (6).

(7) The Committee shall provide to the member,

(a) a copy of the assessor’s or the Committee’s report;

(b) any other relevant information the Committee intends to consider; and

(c) notice of the member’s right to make written submissions to the Committee within no less than 14 days after receiving the notice. O. Reg. 375/12, s. 8 (7).

(8) After considering the assessor’s or the Committee’s report, any other relevant information and any written submissions made by the member, the Committee may,

(a) take no further action;

(b) make recommendations to the member; or

(c) exercise any of the powers listed in subsection 80.2 (1) of the Health Professions Procedural Code. O. Reg. 375/12, s. 8 (8).

Collection and Use of Information

Collection and use of information

9. (1) The Committee may collect and analyse information under this Part for the purposes of administering the program. O. Reg. 375/12, s. 9 (1).

(2) The Committee may collect information from any of the following in accordance with the Act and the Regulated Health Professions Act, 1991:

1. Members and their employers, employees, co-workers, peers and patients.

2. Educators of the profession.

3. The College.

4. The public. O. Reg. 375/12, s. 9 (2).

(3) Information collected under this Part may,

(a) relate to the nature and quality of the practice of the profession, standards of practice, advances in technology, changes to entry to practice competencies or other issues relevant to the program; and

(b) be used to,

(i) establish written standards of practice to promote continuing competence and quality improvement and to address changes to the practice of the profession,

(ii) promote interprofessional collaboration,

(iii) make recommendations about changes to the program, or

(iv) publish or distribute reports or other documents that contain aggregate or statistical data. O. Reg. 375/12, s. 9 (3).

(4) The Committee may only publish or distribute reports or other documents under subclause (3) (b) (iv) if the reports or other documents do not contain any personal information about an individual. O. Reg. 375/12, s. 9 (4).

PART III (OMITTED)

10. Omitted (revokes other Regulations). O. Reg. 375/12, s. 10.

11. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 375/12, s. 11.