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Emergency Management and Civil Protection Act

ONTARIO REGULATION 305/21

REGULATED HEALTH PROFESSIONALS

Consolidation Period: From April 21, 2021 to the e-Laws currency date.

Note: This Order is revoked on June 2, 2021, unless it is extended. (See s. 7.0.8 of the Act and O. Reg. 25/21, Sched. 1, s. 1)

No amendments.

This is the English version of a bilingual regulation.

1. The terms of this Order are set out in Schedule 1.

Schedule 1
Health Professionals

Definitions

1. For the purposes of this Order,

“College” means the College of a health profession or group of health professions established or continued under a health profession Act; (“ordre”)

“health care professional” means one of the following who is employed, contracted, appointed or otherwise engaged by a hospital to provide services in a hospital:

1. A member of a College.

2. A member of a health profession who holds an out-of-province certificate; (“professionnel de la santé”)

“health profession” means a health profession set out in Schedule 1 to the Regulated Health Professions Act, 1991; (“profession de la santé”)

“health profession Act” means an Act named in Schedule 1 to the Regulated Health Professions Act, 1991; (“loi sur une profession de la santé”)

“hospital” means a health service provider within the meaning of paragraph 1, 2 or 3 of the definition of “health service provider” in subsection 1 (2) of the Connecting Care Act, 2019; (“hôpital”)

“out-of-province certificate” means a certificate, licence, registration or other form of official recognition that,

(a) attests to an individual being qualified to practise the profession and authorizes the individual to practise the profession, use a title or designation relating to the profession, or both, and

(b) is granted to the individual by a body or individual that is authorized under an Act of Canada or of a province or territory of Canada that is a party to the Agreement on Internal Trade, other than Ontario, to grant such certificate, licence, registration or other form of official recognition. (“certificat extraprovincial”)

2. A health care professional is authorized to engage in any aspect of the practice of any health profession in order to provide services to hospital patients, provided that,

(a) it is necessary for the health care professional to provide such services in order to respond to, prevent or alleviate the effects of the outbreak of the coronavirus (COVID-19);

(b) the services are consistent with the duties that have been assigned or the privileges that have been granted by the hospital; and

(c) the health care professional acts in a manner that is consistent with measures taken by the hospital under Ontario Regulation 74/20 (Work Redeployment for Certain Health Service Providers) made under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020.

Application

3. (1) This Order applies despite,

(a) any statute, including the Public Hospitals Act, the Regulated Health Professions Act, 1991 and any health profession Act;

(b) any regulation, order or policy;

(c) any arrangement or agreement, including a collective agreement; and

(d) any policy, practice standard or guideline made by a College.

(2) Despite subsection (1), a member of a College continues to be subject to the jurisdiction of the College for incompetence that occurs while the member provides services under section 2.

 

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