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Drug and Pharmacies Regulation Act
Loi sur la réglementation des médicaments et des pharmacies

R.R.O. 1990, REGULATION 548

MEDICINE

Consolidation Period:  From November 4, 1993 to the e-Laws currency date.

Last amendment:  O.Reg. 705/93.

This Regulation is made in English only.

1. For the purpose of the election of members of the Council, the following electoral districts are established:

1. District 1, composed of the counties of Essex, Kent and Lambton.

2. District 2, composed of the counties of Elgin, Huron, Middlesex, Oxford and Perth.

3. District 3, composed of the counties of Bruce, Dufferin, Grey, Wellington and The Regional Municipality of Waterloo.

4. District 4, composed of the County of Brant and the regional municipalities of Haldimand-Norfolk, Halton, Hamilton-Wentworth and Niagara.

5. District 5, composed of the County of Simcoe, The District Municipality of Muskoka and the regional municipalities of Durham, Peel and York.

6. District 6, composed of the counties of Frontenac, Haliburton, Hastings, Leeds and Grenville, Lennox and Addington, Northumberland, Peterborough, Prince Edward and Victoria.

7. District 7, composed of the counties of Dundas, Glengarry, Lanark, Prescott, Renfrew, Russell and Stormont and The Regional Municipality of Ottawa-Carleton.

8. District 8, composed of the territorial districts of Algoma, Cochrane, Manitoulin, Nipissing, Parry Sound, Sudbury and Timiskaming.

9. District 9, composed of the territorial districts of Kenora, Rainy River and Thunder Bay.

10. District 10, composed of The Municipality of Metropolitan Toronto.  R.R.O. 1990, Reg. 548, s. 1.

2. (1) Except in electoral district numbers 4, 5, 7 and 10, one member shall be elected to the Council from each electoral district established by section 1.  R.R.O. 1990, Reg. 548, s. 2 (1).

(2) Two members shall be elected to the Council from each of electoral district numbers 4, 5 and 7.  R.R.O. 1990, Reg. 548, s. 2 (2).

(3) Four members shall be elected to the Council from electoral district number 10.  R.R.O. 1990, Reg. 548, s. 2 (3).

3. (1) A member is eligible for election to the Council who,

(a) is not a full-time member of the faculty of medicine of a university referred to in clause 48 (2) (a) of the Act;

(b) is the holder of a General licence;

(c) is resident in the electoral district for which he or she is nominated;

(d) is nominated by at least fifteen members entitled to vote and residing in the electoral district for which the candidate is nominated; and

(e) is in good standing in the College.  R.R.O. 1990, Reg. 548, s. 3 (1).

(2) A member is in good standing in the College for the purposes of subsection (1) where,

(a) he or she is not in default of payment of any fees prescribed by the regulations;

(b) his or her professional conduct is not the subject of disciplinary proceedings;

(c) his or her licence is not under suspension; and

(d) his or her licence is not subject to a term, condition or limitation other than one prescribed by the regulations.  R.R.O. 1990, Reg. 548, s. 3 (2).

(3) For the purpose of subsection (1), the residence of a member is his or her last address recorded on a register.  R.R.O. 1990, Reg. 548, s. 3 (3).

4. (1) There shall be an election of members to the Council on the fourth Tuesday of October in 1992 and in every fourth year thereafter.  R.R.O. 1990, Reg. 548, s. 4 (1).

(2) The term of office of a member of the Council elected at a general election is four years commencing with the first regular meeting of the Council immediately following the election.  R.R.O. 1990, Reg. 548, s. 4 (2).

(3) Where there is an interruption of mail service during a nomination or election, the Registrar shall extend the holding of nominations and the election for such minimum period of time as the Registrar considers necessary to compensate for the interruption.  R.R.O. 1990, Reg. 548, s. 4 (3).

(4) When an election of members to the Council is not held, the elected members of the Council then in office continue in office until their successors are elected or appointed.  R.R.O. 1990, Reg. 548, s. 4 (4).

5. (1) An elected member of the Council is disqualified from sitting on the Council and the seat of the member on the Council shall be deemed to be vacant if the member,

(a) is found to be an incapacitated member;

(b) is found guilty of professional misconduct or incompetence;

(c) fails to attend three consecutive regular meetings of the Council without cause; or

(d) ceases to reside in the electoral district for which he or she was elected.  R.R.O. 1990, Reg. 548, s. 5 (1).

(2) Where an elected member of the Council dies or resigns or the member’s seat otherwise becomes vacant before the expiry of his or her term of office, the Council shall,

(a) where the unexpired term of the member whose seat became vacant does not exceed one year, appoint a successor from among the members of the College who are eligible for election to the Council in the electoral district represented by the member who are members in good standing in the College; or

(b) where the unexpired term of office of the member whose seat became vacant exceeds one year, direct the Registrar to hold a by-election in accordance with the provisions of this Regulation for the electoral district represented by the member,

and the appointed or elected successor shall serve until the expiry of the term of office of the member whose seat became vacant.  R.R.O. 1990, Reg. 548, s. 5 (2).

(3) A by-election to fill a vacancy on Council shall be held on the first Tuesday following seventy calendar days from the declaration of the vacancy.  R.R.O. 1990, Reg. 548, s. 5 (3).

6. (1) The nomination of candidates for election as members of the Council shall be in writing addressed to the Registrar and shall be delivered to or received by the Registrar not later than 4 p.m. on the Tuesday of the fifth week immediately preceding the date of the election.  R.R.O. 1990, Reg. 548, s. 6 (1).

(2) Where only,

(a) four candidates for election to the Council are nominated for electoral district number 10;

(b) two candidates for election to the Council are nominated for each of electoral district numbers 4, 5 or 7; and

(c) one candidate for election to the Council is nominated in any other electoral district,

the candidate or candidates, as the case requires, shall be declared elected by acclamation.  R.R.O. 1990, Reg. 548, s. 6 (2).

(3) The Registrar shall, at least twenty-eight days before the last day for receiving nominations, forward to every member entitled to vote a written notice stating,

(a) that an election will he held for the purpose of electing a Council or a by-election will be held to fill a vacancy on the Council and the date of the election or by-election;

(b) the date fixed by this Regulation for receiving nominations for the election or by-election;

(c) that to be eligible for election a candidate must be nominated by at least fifteen members entitled to vote and residing in the electoral district in which the election or by-election is to be held; and

(d) that nominations shall be submitted in writing to the Registrar and received by the Registrar not later than 4 p.m. on the date fixed for receiving nominations.  R.R.O. 1990, Reg. 548, s. 6 (3).

7. Except in electoral districts in which candidates have been declared elected by acclamation, the Registrar shall within twenty-one days after the date fixed for receiving nominations send to every member, entitled to vote and residing in the electoral district in which there have been received nominations for more candidates than the number to be elected, an envelope containing,

(a) a voting paper;

(b) instructions for voting;

(c) an envelope addressed to the proper Returning Officer to be used by the member in sending the voting paper to the Returning Officer; and

(d) biographical information in respect of each candidate.  R.R.O. 1990, Reg. 548, s. 7.

8. (1) The Registrar shall appoint a Returning Officer for each electoral district in which an election is to be held who shall be a member of the College residing in the electoral district for which he or she is appointed and qualified to vote in the election.  R.R.O. 1990, Reg. 548, s. 8 (1).

(2) Where a Returning Officer either refuses to act or is incapacitated, the Registrar shall appoint some other member residing in the electoral district as Returning Officer.  R.R.O. 1990, Reg. 548, s. 8 (2).

9. (1) A Returning Officer shall receive voting papers up to 2 p.m. on the election day and thereafter shall open the envelopes containing the voting papers and shall,

(a) examine and count the voting papers;

(b) record the number of votes cast, and the number received by each candidate; and

(c) subject to subsection (3), declare the name and address of the candidate receiving the largest number of votes who shall then be declared elected by the Registrar as the representative of the electoral district.  R.R.O. 1990, Reg. 548, s. 9 (1).

(2) Where two or more candidates receive an equal number of votes, the Returning Officer shall cast the deciding vote for one of the candidates.  R.R.O. 1990, Reg. 548, s. 9 (2).

(3) The Returning Officer in electoral district Number 10 shall declare the name of each candidate, to the number to be elected, who receives the largest number of votes and who shall then be declared elected by the Registrar for the electoral district and where there is a tie vote the Returning Officer shall cast the deciding vote for one of the candidates.  R.R.O. 1990, Reg. 548, s. 9 (3).

(4) Voting shall be secret and so conducted that no person shall know for whom any member has voted.  R.R.O. 1990, Reg. 548, s. 9 (4).

(5) A candidate or his or her agent authorized in writing to act on the candidate’s behalf is entitled,

(a) to be present and see the counting of the voting papers;

(b) to examine all the voting papers to be satisfied that the voting papers have been properly completed; and

(c) to assure that the persons signing voting papers are members qualified to vote in the election in the electoral district.  R.R.O. 1990, Reg. 548, s. 9 (5).

(6) A Returning Officer,

(a) shall not open envelopes bearing the words “Voting Paper” until 2 p.m. on the day of the election;

(b) shall reject all voting papers that are not filled in in accordance with the instructions for voting;

(c) shall send unopened to the Registrar all envelopes addressed to the Returning Officer and received by the Returning Officer after 2 p.m. on the election day, which shall be counter signed by the Returning Officer and marked “Late”; and

(d) shall return to the Registrar all voting papers in respect of the election within six days from the election day.  R.R.O. 1990, Reg. 548, s. 9 (6).

10. (1) The Registrar on receiving a declaration from a Returning Officer that a candidate has been elected shall forthwith inform,

(a) each member so elected of the time and place of the first regular meeting of the Council following the said election;

(b) each candidate of the results of the election and the number of votes cast for each candidate in the electoral district; and

(c) each defeated candidate that he or she may request a recount.  R.R.O. 1990, Reg. 548, s. 10 (1).

(2) The Registrar shall destroy all voting papers thirty-one days after the announcement of the results of an election unless a candidate challenges the election or its results.  R.R.O. 1990, Reg. 548, s. 10 (2).

11. (1) Upon written request to the Registrar within fourteen days after the date of an election and payment of $200 a candidate may require a recount and the recount shall be held within thirty days from the date of the request.  R.R.O. 1990, Reg. 548, s. 11 (1).

(2) The recount shall be presided over by the Registrar who shall,

(a) set the date for the recount;

(b) give notice in writing at least fifteen days before the date set for the recount to all candidates in the electoral district for which a recount has been requested that a recount is to be held;

(c) notify the candidates that they or their agents are entitled to be present to examine all voting papers and to satisfy themselves that all voting papers have been properly filled out and taken into account;

(d) make the decision to accept or reject a voting paper;

(e) declare the name and address of the candidate who has received the greatest number of votes and in case of a recount following an election in electoral district Number 10, declare the names of the candidates to the number who are to be elected who received the greatest number of votes; and

(f) where two or more candidates receive on recount an equal number of votes the Registrar shall cast the deciding vote for one of the candidates.  R.R.O. 1990, Reg. 548, s. 11 (2).

12. Where the Council is of the opinion that there is doubt or dispute as to the validity of the election of any member of the Council, the Council shall hold an inquiry and shall decide whether the election of the member is valid and if an election is found by the Council to be invalid the Council shall order a new election.  R.R.O. 1990, Reg. 548, s. 12.

13. (1) In this Regulation,

“accredited”, in relation to a medical school, means accredited by the Committee on Accreditation of Canadian Medical Schools or by the Liaison Committee on Medical Education;

“degree in medicine” means,

(a) an M.D. or equivalent basic degree in medicine from a medical school that was, at the time of graduation, an accredited medical school, based upon successful completion of an undergraduate program of medical education that included a clerkship of at least forty weeks taken as part of the second half of the undergraduate program of medical education that included,

(i) clinical education of at least,

(A) eight weeks in internal medicine,

(B) eight weeks in surgery,

(C) four weeks in obstetrics and gynaecology,

(D) four weeks in paediatrics, and

(E) four weeks in psychiatry,

(ii) clinical education of at least eight weeks in family medicine or an alternative program to develop the knowledge, skills, attitudes and behaviours necessary to enter postgraduate education in family medicine or primary medical care,

(iii) instruction and experience in ambulatory care, emergency care and intensive care, and

(iv) the major aspects of acute, chronic, continuing, preventive and rehabilitative care, or

(b) an M.D. or equivalent basic degree in medicine, based upon successful completion of a conventional undergraduate program of education in allopathic medicine that,

(i) teaches medical principles, knowledge and skills similar to those taught in undergraduate programs of medical education at accredited medical schools,

(ii) includes at least 130 weeks of instruction over a minimum of thirty-six months, and

(iii) was, at the time of graduation, listed in the World Directory of Medical Schools published by the World Health Organization.  O. Reg. 366/93, s. 1.

(2) For the purposes of this Regulation, the successful completion of the Medical Council of Canada Qualifying Examination before December 31, 1991 shall be deemed to be the successful completion of Parts 1 and 2 of the Medical Council of Canada Qualifying Examination.  O. Reg. 366/93, s. 1; O. Reg. 705/93, s. 1.

(3) A language requirement referred to in this Regulation, relating to an applicant, is satisfied if any of the following is satisfied:

1. The applicant obtained a score of 220 on the Test of Spoken English (TSE) and a score of 580 on the Test of English as a Foreign Language (TOEFL).

2. The applicant obtained a score of 60 per cent on each part of the test of French as a second language used by the Office de la langue française of the Government of Quebec for applicants to the Corporation professionnelle des médecins du Québec.

3. The applicant’s primary and secondary education was in English or French or both.

4. The applicant graduated from a medical school where the language of instruction and the language used in patient care was English or French or both.

5. The applicant successfully completed four years of postgraduate education in clinical medicine in Canada or the United States of America in which the language used in patient care was English or French or both.

6. The applicant held, for the four years immediately preceding the application, a teaching appointment at an accredited medical school in which the language of instruction and the language used in patient care was English or French or both.

7. The applicant held, at the time of application, a licence issued by the College before language tests were required or which involved an exemption from the language tests.  O. Reg. 366/93, s. 1.

14. (1) A person may apply for a licence by submitting a completed application on a form provided by the College together with the application fee applicable for the licence being applied for.  O. Reg. 366/93, s. 1.

(2) A person who has applied for a licence must provide such information and proof as is necessary to demonstrate that he or she is the applicant, has the qualifications he or she claims to have and meets the requirements for the licence being applied for and, if requested, must attend in person at the premises of the College.  O. Reg. 366/93, s. 1.

15. (1) In addition to any other requirements set out in this Regulation for a particular class of licence, a licence may only be issued if the applicant’s conduct, including the applicant’s past conduct, constitutes reasonable grounds to believe that the applicant,

(a) is mentally competent to practise medicine;

(b) will practise medicine with integrity and honesty and in accordance with the law;

(c) has sufficient knowledge, skill and judgment to engage in the kind of medical practice that would be authorized by the licence; and

(d) can communicate effectively with, and will display an appropriate attitude towards, patients and colleagues.  O. Reg. 366/93, s. 1.

(2) An applicant is deemed not to have satisfied the requirements and qualifications for a licence if, in connection with the application or a past application, the applicant made a false or misleading representation, either because of what was stated or left unstated.  O. Reg. 366/93, s. 1.

(3) It is a term and condition of every licence that the licensee practise only in those areas of medicine for which the licensee is suitably educated and experienced.  O. Reg. 366/93, s. 1.

16. (1) An Independent practice licence may be issued if the following requirements are satisfied:

1. The applicant has a degree in medicine.

2. The applicant,

i. has successfully completed Parts 1 and 2 of the Medical Council of Canada Qualifying Examination, and

ii. is certified, by examination, by the Royal College of Physicians and Surgeons of Canada or by the College of Family Physicians of Canada.

3. The applicant is a Canadian citizen or a permanent resident.  O. Reg. 366/93, s. 1.

(2) An Independent practice licence may be issued to an applicant who does not satisfy the requirement in paragraph 2 of subsection (1) if, instead of that requirement, the following requirements are satisfied:

1. Throughout the three years preceding the application the applicant has,

i. held an academic licence,

ii. held a geographical full-time appointment to the academic staff of an accredited medical school in Ontario as a professor or associate professor, and

iii. maintained an active medical practice in a clinical teaching unit formally affiliated with the medical school referred to in subparagraph ii.

2. The applicant has permanent certification or certification by examination, by the Royal College of Physicians and Surgeons of Canada or by the College of Family Physicians of Canada.  O. Reg. 366/93, s. 1.

(3) An Independent practice licence may be issued to an applicant who does not satisfy the requirement in subparagraph i of paragraph 2 of subsection (1) if, instead of that requirement, the applicant has, continuously throughout the ten years preceding the application, held an Academic or Hospital Practice licence issued before October 31, 1992, been certified by examination by the Royal College of Physicians and Surgeons of Canada and maintained an active medical practice.  O. Reg. 366/93, s. 1; O. Reg. 705/93, s. 2.

(4) An Independent practice licence may be issued to an applicant who does not satisfy the requirements in paragraph 2 of subsection (1) if, instead of those requirements, the following requirements are satisfied:

1. The applicant has held an Independent practice licence for a period of at least one continuous year.

2. The licence referred to in paragraph 1 was cancelled because the applicant resigned his membership or for non-payment of a fee.

3. The applicant submits the application form and fee required by subsection 14 (1) within one year after the licence referred to in paragraph 1 was cancelled.  O. Reg. 366/93, s. 1.

(5) It is a term and condition of an Independent practice licence that the licence terminates when the licensee ceases to satisfy the requirement in paragraph 3 of subsection (1).  O. Reg. 366/93, s. 1.

(6) An Independent practice licence may be issued to an applicant who has applied before January 1, 1994, and has satisfied the requirements of subsection (1) except for the requirement in subparagraph i of paragraph 2 of subsection (1) before January 1, 1994, if, instead of that requirement, the applicant has successfully completed Part 1 of the Medical Council of Canada Qualifying Examination.  O. Reg. 366/93, s. 1.

(7) A person who, on June 30, 1993, held a General licence shall be deemed to hold an Independent practice licence.  O. Reg. 366/93, s. 1.

17. (1) An academic licence may be issued if the following requirements are satisfied:

1. The applicant has a degree in medicine.

2. The applicant has certification by the Royal College of Physicians and Surgeons of Canada or by the College of Family Physicians of Canada.

3. The applicant holds a geographical full-time appointment to the academic staff of an accredited medical school in Ontario as a professor or associate professor.

4. The applicant is a Canadian citizen or a permanent resident or has an authorization under the Immigration Act (Canada) sufficient to enable the applicant to fulfil the duties of his or her appointment.  O. Reg. 366/93, s. 1.

(2) The following are terms and conditions of an academic licence:

1. The licensee may practise medicine only in a clinical teaching unit formally affiliated with the department of the medical school to whose staff the licensee has the appointment referred to in paragraph 3 of subsection (1).

2. The licensee may practise medicine only to the extent required by the teaching or research requirements of the licensee’s appointment.

3. The licence terminates upon any of the following occurring,

i. the licensee ceases to be certified as described in paragraph 2 of subsection (1),

ii. the licensee ceases to hold the appointment described in paragraph 3 of subsection (1), or

iii. the licensee ceases to satisfy the requirement in paragraph 4 of subsection (1).  O. Reg. 366/93, s. 1.

18. (1) An Academic visitor licence may be issued if the following requirements are satisfied:

1. The applicant has a degree in medicine.

2. The applicant has an appointment by the dean of an accredited medical school in Ontario, primarily to provide undergraduate or postgraduate medical education, or medical research, or both, for a specified period of time not exceeding fifteen months.

3. The applicant has a permanent appointment to the academic staff of a medical school outside Ontario primarily for the purpose of teaching or research.

4. The applicant has a qualification as a medical specialist that is recognized by the authority that regulates the practice of medicine in the jurisdiction where the applicant holds the appointment referred to in paragraph 3.

5. The applicant has an established scholarly career in medical teaching or research at the medical school where the applicant holds the appointment referred to in paragraph 3.

6. The applicant provides the College with an undertaking by the applicant that the applicant will, upon the expiry of the licence, return to the appointment referred to in paragraph 3.

7. The head of the medical school where the applicant holds the appointment referred to in paragraph 3 provides the College with a document indicating that the school expects the applicant to return to the appointment referred to in paragraph 3 upon the expiry of the time specified in paragraph 2.

8. At least twelve months have elapsed since the expiry of the most recent Academic visitor licence held by the applicant.

9. The applicant is a Canadian citizen or a permanent resident or has an authorization under the Immigration Act (Canada) sufficient to enable the applicant to fulfil the duties of the appointment referred to in paragraph 2.  O. Reg. 366/93, s. 1.

(2) The following are terms and conditions of an Academic visitor licence:

1. The licensee may practise medicine only in a clinical teaching unit formally affiliated with the department of the medical school to whose staff the licensee has the appointment referred to in paragraph 2 of subsection (1).

2. The licensee may practise medicine only to the extent required by the teaching or research requirements of the licensee’s appointment.

3. The licensee must not charge a fee for medical services.

4. The licence terminates upon any of the following occurring,

i. the licensee ceases to hold the appointment described in paragraph 2 of subsection (1) or the period of the appointment that was specified when the licence was issued has elapsed, or

ii. the licensee ceases to satisfy the requirement in paragraph 9 of subsection (1).  O. Reg. 366/93, s. 1.

19. (1) A Short duration licence may be issued if the following requirements are satisfied:

1. The applicant has a degree in medicine.

2. The applicant holds an appointment,

i. at an accredited medical school in Ontario,

ii. at a hospital within the meaning of the Public Hospitals Act,

iii. at a psychiatric facility within the meaning of the Mental Health Act, or

iv. by the Crown in right of Ontario or Canada or by an agency of the Crown.

3. The appointment referred to in paragraph 2 is solely for one of the following purposes,

i. providing assistance that would otherwise be unavailable on an urgent basis relating to a person’s medical problem that requires prompt remedy,

ii. providing, on an interim basis, medical services that would otherwise be unavailable because of a lack of persons able to provide them,

iii. providing a brief program of continuing medical education that is primarily for members holding Independent practice or Academic licences.

4. A member holding an Independent practice licence undertakes to supervise the applicant and to be responsible for providing continuing care for patients attended by the applicant.  O. Reg. 366/93, s. 1.

(2) The following are terms and conditions of a Short duration licence:

1. The licensee may practise medicine only to the extent required by the licensee’s appointment.

2. The licensee may practise medicine only under the supervision of the member who gave the undertaking required by paragraph 4 of subsection (1).

3. The licence terminates upon any of the following occurring,

i. the termination of the licensee’s appointment,

ii. the licensee leaving Ontario after the licence is issued, or

iii. the elapse of thirty days following the issue of the licence.  O. Reg. 366/93, s. 1.

20. (1) This section relates to the following licences issued before July 1, 1993:

1. Public Service licences.

2. Underserviced Area licences.

3. Hospital Practice licences.  O. Reg. 366/93, s. 1.

(2) A person who, on June 30, 1993, held, or was deemed to hold, a Public Service licence and was employed by the Crown in right of Canada or Ontario, an agency of the Crown or a board of health shall be deemed to continue to hold the licence subject to the following terms and conditions:

1. The licensee may practise medicine only to the extent required for purposes of the licensee’s employment by the Crown, agency or board of health that employed the licensee on June 30, 1993.

2. The licence terminates when the Crown, agency or board of health that employed the licensee on June 30, 1993, ceases to employ the licensee.  O. Reg. 366/93, s. 1.

(3) A person who, on June 30, 1993, was deemed to hold an Underserviced Area licence shall be deemed to continue to hold the licence subject to the following terms and conditions:

1. The licensee may practise medicine only in the area for which the licensee was licensed on June 30, 1993.

2. The licence terminates when the licensee ceases to practise medicine in the area referred to in paragraph 1.  O. Reg. 366/93, s. 1.

(4) A person who, on June 30, 1993, held a Hospital Practice licence shall be deemed to continue to hold the licence subject to the following terms and conditions:

1. The licensee may practise medicine only in a specialty in which he or she is certified by the Royal College of Physicians and Surgeons of Canada.

2. The licensee may practise medicine only in the institution where he or she was practising on June 30, 1993.

3. The licence terminates upon any of the following occurring,

i. the licensee ceasing to be certified in the specialty in which he or she was certified by the Royal College of Physicians and Surgeons of Canada, or

ii. the licensee ceasing to practise in the institution where he or she was practising on June 30, 1993.  O. Reg. 366/93, s. 1.

21. (1) An educational licence may be issued if the following requirements are satisfied:

1. The applicant is enrolled in a postgraduate medical program at an accredited medical school in Ontario.

2. The applicant has a degree in medicine described in clause (a) of the definition of “degree in medicine” in subsection 13 (1).

3. The applicant is a Canadian citizen or a permanent resident or has an authorization under the Immigration Act (Canada) sufficient to enable the applicant to undertake his or her program.  O. Reg. 366/93, s. 1.

(2) An educational licence may be issued to an applicant who does not satisfy the requirement in paragraph 2 of subsection (1) if, instead of that requirement, the following requirements are satisfied:

1. The applicant has a degree in medicine.

2. The applicant has successfully completed Part 1 of the Medical Council of Canada Qualifying Examination or the Medical Council of Canada Evaluating Examination.

3. The applicant has successfully completed a pre-entry assessment program that,

i. is provided by an accredited medical school in Ontario,

ii. has a duration, form and process acceptable to the College,

iii. includes assessment and may include training in internal medicine, obstetrics and gynaecology, paediatrics, psychiatry and general surgery, and

iv. evaluates whether the applicant satisfies the requirements set out in clauses 15 (1) (a), (b), (c) and (d).

4. The applicant satisfies the language requirement in subsection 13 (3).  O. Reg. 366/93, s. 1.

(3) An educational licence may be issued to an applicant who does not satisfy the requirements in paragraph 2 of subsection (1) or in paragraphs 2, 3 and 4 of subsection (2) if, instead of those requirements, the following requirements are satisfied:

1. The applicant held a previous Educational licence for a period of at least one continuous year.

2. The previous Educational licence terminated as a result of the applicant satisfactorily completing the postgraduate medical program in which the applicant was enrolled.

3. The applicant either,

i. has been continuously enrolled in a postgraduate medical education program outside Ontario since the previous Educational licence terminated, or

ii. submits the application form required by subsection 14 (1) within six months after the termination of the previous Educational licence.  O. Reg. 366/93, s. 1.

(4) The following are terms and conditions of all Educational licences:

1. The licensee may practise medicine only as required by the postgraduate medical program in which the licensee is enrolled.

2. The licensee may prescribe drugs only for in-patients or out-patients of a clinical teaching unit that is formally affiliated with the medical school department in which the licensee is practising in accordance with paragraph 1 and that is a unit to which postgraduate trainees are regularly assigned by the department as part of its program of postgraduate medical education.

3. The licensee may not charge a fee for medical services and may receive remuneration for providing medical services only in the form of a fixed salary.

4. The licence terminates upon any of the following occurring,

i. the licensee ceases to be enrolled in the program described in paragraph 1 of subsection (1),

ii. the licensee ceases to satisfy the requirement in paragraph 3 of subsection (1).  O. Reg. 366/93, s. 1.

22. (1) An educational licence may be issued to an applicant who does not satisfy the requirements in paragraphs 2 and 3 of subsection 21 (2) if, instead of those requirements, the following requirements are satisfied:

1. The applicant is enrolled in a postgraduate medical program at an accredited medical school in Ontario with an appointment as clinical or research fellow.

2. The applicant either,

i. has satisfied the educational requirements for certification as a specialist by the Royal College of Physicians and Surgeons of Canada or a board in the United States of America that is a regular member board of the American Board of Medical Specialties,

ii. was practising medicine, immediately before getting the appointment referred to in paragraph 1, in a jurisdiction outside of Canada and the United States of America where the applicant is recognized as a medical specialist by an organization that recognizes medical specialists using standards that are substantially similar to the standards of the Royal College of Physicians and Surgeons of Canada, or

iii. has satisfied the educational requirements for certification by the College of Family Physicians of Canada.

3. The applicant’s postgraduate medical program appointment is to gain further education in family medicine or a subdiscipline or in the same specialty or a subspecialty for which the applicant,

i. has satisfied the educational requirements under subparagraph i of paragraph 2, or

ii. has the recognition as a medical specialist referred to in subparagraph ii of paragraph 2.

4. If the applicant satisfies the requirement in subparagraph ii of paragraph 2 and not subparagraph i or iii of paragraph 2, the dean of the medical school where the applicant is enrolled must provide information indicating,

i. the details of the applicant’s satisfying the requirements in subparagraph ii of paragraph 2, and

ii. that the applicant’s postgraduate medical program will comply with subparagraph ii of paragraph 3.  O. Reg. 366/93, s. 1.

(2) The following are terms and conditions of a licence issued by reason of this section in addition to the terms and conditions imposed by subsection 21 (4):

1. If the licensee’s postgraduate medical program is in a specialty or subspecialty, the licensee may not enter a postgraduate medical program that satisfies the educational requirements of the Royal College of Physicians and Surgeons of Canada in that specialty, subspecialty or a subspecialty of that specialty either while or after holding the licence.

2. If the licensee’s postgraduate medical program is in family medicine or a subdiscipline, the licensee may not enter a postgraduate medical program that satisfies the educational requirements of the College of Family Physicians of Canada either while or after holding the licence.

3. The licensee may not obtain another educational licence without the permission of the Registration Committee.

4. The licence terminates upon either of the following occurring,

i. the licensee ceases to hold the appointment as clinical or research fellow in the program referred to in paragraph 1 of subsection (1),

ii. two years elapse following the issue of the licence.  O. Reg. 366/93, s. 1.

22.1 An Educational licence may be issued to an applicant who does not satisfy the requirement in paragraph 3 of subsection 21 (2) if, instead of that requirement, the following requirements are satisfied:

1. The applicant has successfully completed Parts 1 and 2 of the Medical Council of Canada Qualifying Examination.

2. The applicant has either,

i. completed at an accredited medical school in Canada, within one year before application, with performance acceptable to the College, two years of a residency program accredited, and leading to certification, by the Royal College of Physicians and Surgeons of Canada and the applicant is entering a subsequent year of the residency program in the same discipline or a subdiscipline as the completed residency, or

ii. satisfied the educational requirements for certification by the College of Family Physicians of Canada, within one year before application, and the applicant is entering a program to obtain recognition in a related discipline by that College.  O. Reg. 366/93, s. 1.

22.2 (1) An educational licence may be issued to an applicant who does not satisfy the requirements in paragraph 3 of subsection 21 (1) and paragraphs 3 and 4 of subsection 21 (2) if, instead of those requirements, the following requirements are satisfied:

1. The program at the medical school in Ontario in which the applicant is enrolled is being taken to satisfy a specified part of the requirements of a postgraduate medical program at an accredited medical school outside Ontario in which the applicant is enrolled and has completed at least one year.

2. The head of postgraduate medical education at the medical school in Ontario and the head of the postgraduate medical program outside Ontario have approved the specifics of the arrangement described in paragraph 1.

3. The applicant undertakes to spend no more than fifteen weeks at the medical school in Ontario where the applicant is enrolled.  O. Reg. 366/93, s. 1.

(2) It is a term and condition of a licence issued by reason of this section, in addition to the terms and conditions imposed by subsection 21 (4), that the licence terminates upon any of the following occurring,

(a) the licensee ceases to be enrolled in either of the programs described in paragraph 1 of subsection (1);

(b) the licensee completes the specified part of the requirements of the licensee’s program referred to in paragraph 1 of subsection (1);

(c) the elapse of fifteen weeks following the issue of the licence.  O. Reg. 366/93, s. 1.

22.3 (1) An Educational licence may be issued to an applicant who does not satisfy the requirements in paragraphs 2 and 3 of subsection 21 (2) if, instead of those requirements, the following requirements are satisfied:

1. The applicant is enrolled in a program of postgraduate medical education outside Ontario.

2. The applicant’s enrolment at the medical school in Ontario is part of an exchange program in which the applicant exchanges places with a person,

i. who is enrolled, in a program of postgraduate medical education at the medical school in Ontario, in the second or higher year of a residency program leading to certification by the Royal College of Physicians and Surgeons of Canada, and

ii. who will receive elective education in the program of postgraduate medical education outside Ontario in which the applicant is enrolled.

3. The associate dean for postgraduate medical education of the medical school in Ontario,

i. approves, and identifies to the College, the educational program which the applicant will undertake,

ii. issues a certificate of appointment of the applicant as an “elective resident — exchange program” that sets out the dates the appointment begins and ends,

iii. identifies to the College the member who will be directly responsible for the supervision of the applicant’s educational experience in Ontario,

iv. identifies to the College the person with whom the applicant is exchanging places, and

v. indicates to the College his or her satisfaction that the exchange is appropriate, having regard to the prior education of the applicant and the similarity in educational standards of the programs involved in the exchange.

4. The person responsible for postgraduate medical education at the medical school outside Ontario where the applicant is enrolled,

i. confirms to the College his or her approval of the applicant’s undertaking postgraduate medical education at the medical school in Ontario,

ii. outlines to the College the educational experience that he or she expects the applicant to receive at the medical school in Ontario,

iii. confirms to the College the dates he or she expects the applicant’s appointment will begin and end,

iv. confirms to the College the identity of the person with whom the applicant is exchanging places, and

v. undertakes to the College to provide In-Training Evaluation Reports to the Ontario medical school on the performance of the person with whom the applicant is exchanging places.  O. Reg. 366/93, s. 1.

(2) It is a term and condition of a licence issued by reason of this section, in addition to the terms and conditions imposed by subsection 21 (4), that the licence terminates upon any of the following occurring,

(a) the licensee ceases to be enrolled in the program described in paragraph 1 of subsection (1);

(b) the licensee completes the licensee’s part of the exchange program referred to in paragraph 2 of subsection (1);

(c) the elapse of twenty-six weeks following the issue of the licence.  O. Reg. 366/93, s. 1.

23. (1) The information entered in the register respecting each member shall be,

(a) publicly available;

(b) capable of being printed promptly; and

(c) available in printed form to any person during the normal hours of operation of the offices of the College.  R.R.O. 1990, Reg. 548, s. 23 (1).

(2) The Registrar may give information from the register in printed or oral form to any person.  R.R.O. 1990, Reg. 548, s. 23 (2).

(3) The Registrar shall issue a certificate of standing in respect of any member to any person who requests such a certificate and pays the fees prescribed by subsection (5).  R.R.O. 1990, Reg. 548, s. 23 (3).

(4) A certificate of standing shall state, as of the date of the request,

(a) the information regarding the member that is contained in the register; and

(b) whether there is any outstanding referral to the Discipline Committee or the Fitness Practise Committee in respect of the member.  R.R.O. 1990, Reg. 548, s. 23 (4).

(5) The fee for issuing a certificate of standing is $25.  O. Reg. 380/92, s. 1.

24. (1) Subject to subsection (2), the name of a member entered in the register shall be the same as the name of the member in the documentary evidence of his or her degree in medicine.  R.R.O. 1990, Reg. 548, s. 24 (1).

(2) The Registrar may direct the entry of a name other than the name required by subsection (1) if the member applies and deposits in the College,

(a) a certified copy of an order of a court of competent jurisdiction in Ontario changing the member’s name;

(b) a certified copy of a valid certificate of marriage or of a decree absolute of divorce from a court in Canada; or

(c) documentary material that in the opinion of the Registrar sufficiently identifies the member as the person named in the documentary evidence of his or her degree in medicine,

or any combination of material referred to in clause (a), (b) and (c) and satisfies the Registrar that the use of the other name is not for any improper purpose.  R.R.O. 1990, Reg. 548, s. 24 (2).

(3) Subsection (2) applies with necessary modifications to an applicant for a licence.  R.R.O. 1990, Reg. 548, s. 24 (3).

(4) A member shall notify the Registrar in writing of the address to which the member wishes correspondence from the College to be sent and shall notify the Registrar in writing of every change in such address.  R.R.O. 1990, Reg. 548, s. 24 (4).

25. (1) A member to whom a certificate in a specialty has been issued by The Royal College of Physicians and Surgeons of Canada may use a designation for the specialty approved by The Royal College of Physicians and Surgeons of Canada.  R.R.O. 1990, Reg. 548, s. 25 (1).

(2) A member who has been censured or suspended by The Royal College of Physicians and Surgeons of Canada and has had his or her name removed from the list of certificants or Fellows of that College shall not use a specialty qualification in any branch of medicine.  R.R.O. 1990, Reg. 548, s. 25 (2).

26. (1) The Council shall determine the information required for the compilation of statistics with respect to the supply, distribution, qualifications and professional activities of members and may direct the Registrar to obtain the required information.  R.R.O. 1990, Reg. 548, s. 26 (1).

(2) Upon the written request of the Registrar, members shall provide to the Registrar the information requested for the compilation of statistics.  R.R.O. 1990, Reg. 548, s. 26 (2).

27. The Registrar is the chief administrative officer of the College and is subject to the direction of the Council.  R.R.O. 1990, Reg. 548, s. 27.

28. (1) The reasons for a decision of the discipline committee shall be published in the original or an edited form and,

(a) the identity of the member shall be made known if the member’s licence has been revoked, suspended or restricted, or if recognition of the member’s specialist status has been withdrawn or suspended;

(b) the identity of the member shall be made known if the committee has reprimanded the member and directed the fact of such reprimand to be recorded on the register or has imposed a fine, unless the council directs that the identity of the member shall not be made known;

(c) the identity of the member shall not be made known if the committee has reprimanded the member but not directed the fact of such reprimand to be recorded on the register or has suspended or postponed the imposition of a penalty, unless the council directs that the identity of the member shall be made known; and

(d) the identity of the member shall not be made known if the member has been found not guilty of professional misconduct or incompetence, unless the member requests in writing that he or she be identified.  R.R.O. 1990, Reg. 548, s. 28 (1).

(2) The Registrar may communicate the decisions of the discipline committee to any complainant and any witness who testified at the hearing if the complainant or witness so requests and the Registrar may also provide any other information he or she considers reasonably necessary to explain the proceedings and the decision to the complainant or witness, including a copy of any written reasons of the committee.  R.R.O. 1990, Reg. 548, s. 28 (2).

29. For the purpose of Part III of the Act,

“professional misconduct” means,

1. failure by a member to abide by the terms, conditions or limitations of his or her licence,

2. contravention of any provision of Part III of the Act, the Health Insurance Act, or the regulations,

3. failure to maintain the records that are required to be kept respecting a member’s patients,

4. having a conflict of interest,

5. using a term, title or designation other than one authorized or using a term, title or designation that is prohibited by this Regulation,

6. engaging or holding oneself out as engaging in the practice of medicine using any name other than the name of the member that is entered in the register under section 24,

7. permitting, counselling or assisting any person who is not licensed under Part III of the Act to engage in the practice of medicine except as provided for in the Act or this Regulation,

8. charging a fee that is in excess of the fee in the schedule of fees of the Ontario Medical Association without prior notification to the patient as to the excess amount of the fee,

9. charging for a service that is an insured service under the Health Insurance Act, a fee that is in excess of the amount payable for such service under the Health Insurance Act, without prior notification to the patient as to the excess amount of the fee,

10. charging a fee that is excessive in relation to the services performed,

11. failure to carry out the terms of an agreement with a patient,

12. selling a professional account to a third party,

13. refusing to render a medically necessary service unless payment of the whole or part of the fee is received in advance of the service being rendered,

14. requiring payment for a service that is insured under the Health Insurance Act as a condition to be met before completing a claim card for submission under that Act or, before providing an itemized account of the services where a request is made for an itemized account by the patient or a representative of the patient,

15. offering a reduction for prompt payment of an account,

16. charging a fee for services not performed,

17. falsifying a record in respect of the examination or treatment of a patient,

18. knowingly submitting a false or misleading account or false or misleading charges for services rendered to a patient,

19. announcing or holding out to the public that the member is a specialist or is specially qualified in a branch of medicine where the member is not qualified as a specialist,

20. engaging in the practice of medicine while the ability to perform any professional service is impaired by alcohol or a drug,

21. contravening while engaged in the practice of medicine any federal, provincial or municipal law, regulation or rule or a by-law of a hospital designed to protect the public health,

22. failure to maintain the standard of practice of the profession,

23. giving information concerning a patient’s condition or any professional services performed for a patient to any person other than the patient without the consent of the patient unless required to do so by law,

24. failing to continue to provide professional services to a patient until the services are no longer required or until the patient has had a reasonable opportunity to arrange for the services of another member,

25. making a misrepresentation respecting a remedy, treatment or device,

26. failing to reveal the exact nature of a secret remedy following a proper request for such information,

27. improper use of the authority to prescribe, sell or dispense a drug, including falsifying a record in respect of a prescription or the sale of a drug,

28. failing to provide within a reasonable time and without cause any report or certificate requested by a patient or his or her authorized agent in respect of an examination or treatment performed by the member,

29. failing to carry out the terms of an agreement or contract with a hospital,

30. sexual impropriety with a patient,

31. sharing fees with any person who has referred a patient or receiving fees from any person to whom a member has referred a patient or requesting or accepting a rebate or commission for the referral of a patient,

32. publishing, displaying, distributing or using or permitting, directly or indirectly, the publishing, display, distribution or use of any advertisement related to the practice of medicine by a member other than,

i. professional cards that contain only the name of the member, a vocational designation, academic degrees, the member’s address and telephone number,

ii. an announcement upon commencing practice or changing the location of a member’s practice that,

A. does not exceed two standard newspaper columns in width and ten centimetres in depth,

B. does not contain references to qualifications, procedures or equipment but may contain academic degrees, and

C. does not appear more than three times in a newspaper in respect of the commencement of the practice or of a change in the location of the practice,

iii. appointment cards that do not contain more than the information contained in a professional card and the time and date of the appointment or appointments,

iv. a telephone directory listing in the white pages that,

A. is of dark or light type,

B. where a member is a certificated specialist, may indicate the specialty designation,

C. where a member who is not a certificated specialist restricts his or her practice to one branch of medicine may insert after the member’s name “Practice limited to ……….”,

D. does not list office hours, and

E. where the practice of medicine is carried on as a partnership, clinic, medical centre or other form of medical group lists the name of the partnership, clinic, medical centre or other form of medical group and the names of the members with their designations thereunder,

v. a telephone directory listing in the yellow pages that,

A. is listed only in the section “Physicians and Surgeons”,

B. is only of light type,

C. where a member is a certificated specialist may indicate the specialty designation,

D. where a member who is not a certificated specialist restricts his or her practice to a branch of medicine may insert after the member’s name “Practice limited to ……….”,

E. does not list office hours,

F. is listed only in the telephone listing for the geographical area in which the member is engaged in the practice of medicine, and

G. where the practice of medicine is carried on as a partnership, clinic, medical centre or other form of medical group lists only the name of the partnership, clinic, medical centre or other form of medical group and lists the names of the members in their alphabetical order in the yellow page section,

33. conduct or an act relevant to the practice of medicine that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional.  R.R.O. 1990, Reg. 548, s. 29.

30. (1) A member shall practise medicine in accordance with the usually and generally accepted standards of practice expected in the branches of medicine in which the member is practising.  R.R.O. 1990, Reg. 548, s. 30 (1).

(2) The usually and generally accepted standards of practice do not include the administration, prescription, advising or otherwise being associated with the use of,

(a) human or non-human chorionic gonadotrophin for obesity, its sequelae or complications or for any condition associated with obesity; or

(b) ethylene diamine tetra-acetic acid or its salts for atherosclerotic disease or any other disease or condition except poisoning by heavy metals.  R.R.O. 1990, Reg. 548, s. 30 (2).

(3) The Council may exempt any member from the provisions of subsection (2) under such special circumstances in the public interest as the Council considers advisable.  R.R.O. 1990, Reg. 548, s. 30 (3).

31. (1) In this section,

“benefit” means any benefit, gift, advantage or emolument of any kind whatsoever, whether direct or indirect, and includes,

(a) the receipt of any benefit from the services of any person or reimbursement of the cost thereof,

(b) the benefit or receipt of the payment or reduction of any amount of any debt or financial obligation,

(c) the receipt of any consultation fee or other fee for services rendered, except pursuant to a written contract for each such service where,

(i) a copy of the contract is available and produced to the College on demand,

(ii) each contracted service is within the normal scope of the member’s specialty, and

(iii) each service is supported by records adequate to satisfy the College that it was in fact performed,

(d) the acceptance of any loan except pursuant to a written evidence of indebtedness,

(i) executed at the time of transfer of funds,

(ii) witnessed at the time of actual execution by an individual whose name is legibly recorded on the document,

(iii) available and produced to the College on demand, and

(iv) that provides for a fixed term of loan and fixes a set interest rate, both of which are reasonable having a view to prevailing market rates at the time of the loan,

(e) the acceptance of a loan that is interest free or related in any way to any referral made by the member,

(f) the acceptance of credit unless the credit is unrelated in any way to any referral of patients to the creditor and the credit is extended pursuant to an agreement in writing,

(i) executed at the time of the transaction,

(ii) witnessed at the time of actual execution by an individual whose name is legibly recorded on the agreement,

(iii) available and produced to the College on demand, and

(iv) which provides for a fixed term of credit and fixes a set interest rate, both of which are reasonable having a view to prevailing market rates at the time of the transaction;

“medical goods or services” includes medical goods, appliances, materials, services and equipment, and drugs and laboratory services;

“member of his or her family” means any person connected with a member by blood relationship, marriage or adoption, and

(a) persons are connected by blood relationship if one is the child or other descendent of the other or one is the brother or sister of the other,

(b) persons are connected by marriage if one is married to the other or to a person who is connected by blood relationship to the other, and

(c) persons are connected by adoption if one has been adopted, either legally or in fact, as the child of the other or as the child or a person who is so connected by blood relationship (otherwise than as a brother or sister) to the other;

“supplier” means a person who,

(a) sells or otherwise supplies medical goods or services, or

(b) is registered or licensed under any Act regulating a health profession.  R.R.O. 1990, Reg. 548, s. 31 (1).

(2) It is a conflict of interest for a member where the member, or a member of his or her family, or a corporation wholly, substantially or actually owned or controlled by the member or a member of his or her family,

(a) receives any benefit, directly or indirectly, from,

(i) a supplier to whom the member refers his or her patients or their specimens, or

(ii) a supplier who sells or otherwise supplies any medical goods or services to the patients of the member;

(b) rents premises to,

(i) a supplier to whom the member refers his or her patients or their specimens, or

(ii) a supplier who sells or otherwise supplies any medical goods or services to the patients of the member,

except where,

(iii) the rent is normal for the area in which the premises are located, and

(iv) the amount of the rent is not related to the volume of business carried out in the premises by the tenant;

(c) rents premises from,

(i) a supplier to whom the member refers his or her patients or their specimens, or

(ii) a supplier who sells or otherwise supplies any medical goods or services to the patients of the member,

except where,

(iii) the rent is normal for the area in which the premises are located, and

(iv) the amount of the rent is not related to the referral of patients to the landlord; or

(d) sells or otherwise supplies any drug, medical appliance, medical product or biological preparation to a patient at a profit, except,

(i) a drug sold or supplied by a member to his or her patient that is necessary,

(A) for an immediate treatment of the patient,

(B) in an emergency, or

(C) where the services of a pharmacist are not reasonably readily available, or

(ii) despite subclause (i), an allergy preparation prepared by a member for his or her patient that is sold or supplied by the member for a price that does not exceed,

(A) the true cost of production of the preparation, and

(B) the fee for the professional component, for the member’s review of the case, the prescription of the material and the general supervision of the member’s laboratory in preparing the material.  R.R.O. 1990, Reg. 548, s. 31 (2).

(3) It is a conflict of interest for a member to order diagnostic tests other than medically necessary tests to be performed by a diagnostic facility in which the member or a member of his or her family has any proprietary interest.  R.R.O. 1990, Reg. 548, s. 31 (3).

32. (1) A member shall,

(a) keep a legibly written or typewritten record in respect of each patient of the member setting out,

(i) the name and address of the patient,

(ii) each date that the member sees the patient,

(iii) a history of the patient,

(iv) particulars of each physical examination of the patient by the member,

(v) investigations ordered by the member and the results of the investigations,

(vi) each diagnosis made by the member respecting the patient, and

(vii) each treatment prescribed by the member for the patient;

(b) keep a day book, daily diary or appointment record setting out the name of each patient seen or treated or in respect of whom a professional service is rendered by the member.  R.R.O. 1990, Reg. 548, s. 32 (1).

(2) A member shall keep the records required under subsection (1) in a systematic manner and shall retain each record for a period of six years after the date of the last entry in the record or until the member ceases to engage in the practice of medicine, whichever first occurs.  R.R.O. 1990, Reg. 548, s. 32 (2).

(3) A member shall make records kept under subsection (1) and books, records, documents and things relevant thereto available at reasonable hours for inspection by a person appointed by the Registrar under section 65 of the Act, a member appointed by the Registrar for the purpose of peer review or a person appointed as an inspector under subsection 43 (1) of the Health Insurance Act.  R.R.O. 1990, Reg. 548, s. 32 (3).

33. (1) In this section, and in sections 34 to 42,

“drug” means drug as defined in Part VI of the Act;

“pharmacist” means pharmacist as defined in Part VI of the Act;

“prescriber” means prescriber as defined in Part VI of the Act;

“prescription” means prescription as defined in Part VI of the Act;

“Schedule G preparation” means a drug that contains one drug referred to in Schedule G and one or more active medicinal ingredients that are not referred to in Schedule G in a recognized therapeutic dose, or a drug that contains as the only medicinal ingredient phenobarbital or any of its salts in an amount not exceeding 32.4 milligrams (½ grain) per unit dosage;

“Schedule N preparation” means a drug that,

(a) contains one drug referred to in Schedule N and two or more active medicinal ingredients which are not referred to in Schedule N or a recognized therapeutic dose, and

(b) is not intended for parenteral administration;

“sell” includes offer to sell, dispense, distribute, give away and supply.  R.R.O. 1990, Reg. 548, s. 33 (1).

(2) A reference to Schedule A, B, C, D, E, F, G or N is a reference to such Schedule established by the regulations for the purposes of Part VI of the Act.  R.R.O. 1990, Reg. 548, s. 33 (2).

34. (1) Where a member decides to treat a patient with a drug, the member shall give a written prescription to the patient or offer to give a verbal prescription to a pharmacist acceptable to the patient.  R.R.O. 1990, Reg. 548, s. 34 (1).

(2) A member who has given a written prescription for a drug to a patient may sell the drug to the patient subject to the provisions of this Regulation governing the sale, recording, labelling and packaging of drugs.  R.R.O. 1990, Reg. 548, s. 34 (2).

35. A member who sells a drug referred to in Schedule G or N, and furnishes the drug in an amount,

(a) that exceeds three times the maximum daily dosage recommended by the manufacturer of the drug for the drug; or

(b) if the manufacturer has not recommended a maximum daily dosage for the drug, that exceeds three times the generally recognized maximum daily therapeutic dosage for the drug,

shall keep a record showing,

(c) the date of the sale;

(d) the name and address of the person for whom the drug was prescribed;

(e) the name, strength where applicable, and quantity of the drug; and

(f) the price, if any, charged.  R.R.O. 1990, Reg. 548, s. 35.

36. A member shall keep or cause to be kept a record of every purchase of a drug referred to in the Schedules to Part VI of the Act by entering or causing to be entered in a register or other record that shall be maintained for that purpose forthwith upon such purchase,

(a) the date of the purchase;

(b) the name, strength where applicable, and quantity of the drug;

(c) the name and address of the person from whom the drug was purchased or received; and

(d) the purchase price, if any.  R.R.O. 1990, Reg. 548, s. 36.

37. Every member who sells a drug shall,

(a) retain the written prescription for the drug for a period of not less than two years or until he or she ceases to engage in the practice of medicine, whichever first occurs;

(b) record on the prescription,

(i) the name and address of the person for whom the drug is prescribed,

(ii) the name, strength where applicable, and quantity of the prescribed drug,

(iii) the identity of the manufacturer of the drug,

(iv) the directions for use,

(v) an identification number or other designation,

(vi) the date on which the drug is dispensed, and

(vii) the price charged, if any; and

(c) mark the container in which the drug is dispensed with,

(i) the identification number that is on the record of sale,

(ii) the name of the drug, if the member considers it advisable,

(iii) the quantity, where the drug dispensed is in solid oral dosage form,

(iv) the date the drug is dispensed,

(v) the name and address of the prescriber,

(vi) the name of the person for whom it is prescribed, and

(vii) the prescribed directions for use.  R.R.O. 1990, Reg. 548, s. 37.

38. Every container in which any article or substance referred to in Part II of Schedule B is sold by a member shall include on the label, legibly and conspicuously displayed on the outer surface of the container in which the article or substance is contained, a caution or warning to the effect that the article or substance should be kept out of the reach of children, but if the article or substance is an article or substance referred to in the Hazardous Products Act (Canada) the provisions of this section do not apply.  R.R.O. 1990, Reg. 548, s. 38.

39. Every container in which any article or substance referred to in Part III of Schedule B is sold by a member, shall include on the label, legibly and conspicuously displayed on the outer surface of the container in which the article or substance is contained, a caution or warning to the effect that the article or substance should be used only with adequate ventilation, but if the article or substance is an article or substance referred to in the Hazardous Products Act (Canada) the provisions of this section do not apply.  R.R.O. 1990, Reg. 548, s. 39.

40. (1) Every container in which any drug specified in subsection (2) is sold in a form for internal use, shall bear the following words legibly and conspicuously displayed on the outer surface of the container in which the drug is dispensed:

“WARNING; Do not exceed the dose prescribed. If difficulty in breathing persists, contact a physician immediately.”

R.R.O. 1990, Reg. 548, s. 40 (1).

(2) The following drugs are specified for the purpose of subsection (1):

1. Epinephrine and its salts.

2. Isoproterenol (Isoprenaline) and its salts.

3. Metaproterenol (Orciprenaline) and its salts.  R.R.O. 1990, Reg. 548, s. 40 (2).

41. Every member who sells drugs shall maintain a system for filing his or her records of the purchases and sales of the drugs.  R.R.O. 1990, Reg. 548, s. 41.

42. (1) In this section,

“child resistant package” means a container or package that meets the standards for child resistant packages approved by the Minister.  R.R.O. 1990, Reg. 548, s. 42 (1).

(2) A member shall only dispense a drug in a child resistant package except where,

(a) in the opinion of the member it is advisable not to use a child resistant package;

(b) a child resistant package is not suitable because of the physical form of the drug;

(c) the member is unable to obtain a child resistant package because supplies of such packages are unavailable on the market.  R.R.O. 1990, Reg. 548, s. 42 (2).

43. Revoked:  O. Reg. 366/93, s. 2.

44. Revoked:  O. Reg. 366/93, s. 2.

45. Revoked:  O. Reg. 366/93, s. 2.

46. Revoked:  O. Reg. 366/93, s. 2.

47. (1) The registrar shall grant emeritus status to a former licensee who applies therefor and,

(a) who held an Independent practice licence or a General licence under the Act or the equivalent licence under a predecessor of the Act, or some combination of them, continuously for twenty-five years;

(b) against whom no finding of professional misconduct or incompetence has been entered in the register;

(c) who, at the time of application, is not,

(i) in default of payment of any fee prescribed by this Regulation,

(ii) in default of providing to the College any information required by or under an Act or regulation, and

(iii) is not the subject of proceedings for professional misconduct or incompetence; and

(d) who is fully retired from the practice of medicine.  O. Reg. 366/93, s. 3.

(2) The registration committee may grant emeritus status to a former licensee who applies therefor and complies with clauses (1) (c) and (d).  O. Reg. 366/93, s. 3.

(3) A person with emeritus status may not practise medicine.  O. Reg. 366/93, s. 3.

(4) Every member who was designated as a life member under section 43 of Ontario Regulation 577/75 or a predecessor thereof shall be deemed to continue as a person with emeritus status except that such a life member who continues to meet the requirements of that section is, upon request, entitled to maintain his or her life membership.  O. Reg. 366/93, s. 3.

47.1 (1) Before the 15th day of April in each year, the Registrar shall mail a renewal application to each life member and each person with emeritus status at their last known addresses.  O. Reg. 366/93, s. 3.

(2) A person’s life membership or emeritus status terminates on the 31st day of May of a year unless, before that date, a completed renewal application is received by the Registrar.  O. Reg. 366/93, s. 3.

(3) The Registrar shall include with each renewal application a notice setting out the provisions of subsection (2).  O. Reg. 366/93, s. 3.

47.2 (1) Fees required under the Act or this Regulation are set out in the Schedule.  O. Reg. 366/93, s. 3.

(2) A person who is required to pay a fee is required to pay any penalty for its late payment that may be set out in the Schedule.  O. Reg. 366/93, s. 3.

(3) An application fee is due with an application for a licence and will not be refunded even if the licence is not issued.  O. Reg. 366/93, s. 3.

48. (1) A member, other than a life member or a member who holds Short duration licence, must pay an annual membership fee.  O. Reg. 366/93, s. 4 (1).

(2) Revoked:  O. Reg. 366/93, s. 4 (1).

(3) The annual membership fee is due,

(a) in the case of a person being licensed for the first time, before the issuing of the licence; and

(b) in the case of a licence holder not holding a licence for the first time, other than an Educational licence, on the 1st day of June in each year.  R.R.O. 1990, Reg. 548, s. 48 (3).

(4) The Registrar shall mail a notice to each member, other than a life member or a member holding an Educational licence, before the 30th day of April in each year, that informs the member that an annual membership fee is due on the 1st day of June and the amount of the fee.  R.R.O. 1990, Reg. 548, s. 48 (4).

(5) A member holding an Educational licence shall be given notice of the membership fee that is due at the time of a confirmation of the continued appointment in a program of postgraduate medical education.  R.R.O. 1990, Reg. 548, s. 48 (5).

(6) When the Registrar sends a member a notice required under this section, the Registrar shall also send a form to be completed and returned to the Registrar on or before the day the member’s annual membership fee is due.  O. Reg. 366/93, s. 4 (2).

49. No licence shall be dated earlier than the day that it is actually issued by the Registrar.  R.R.O. 1990, Reg. 548, s. 49.

Schedule
FEES

1. Application fees:

i. for an Educational licence, $50,

ii. for a Short duration licence, $200,

iii. for an Independent practice licence to which subsection 16 (4) applies, $700,

iv. for a licence of any other class, $500.

2. Annual fees:

i. for an Educational licence, $50,

ii. for a holder of any other licence for which an annual fee is payable, $575.

3. Penalties for late payments:

i. if an annual fee is paid on or before July 31 of the year in which the annual fee is due, $100,

ii. if an annual fee is paid after July 31 of the year in which the annual fee is due, $200.

4. Certificate of standing, $25. O. Reg. 366/93, s. 5.