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Independent Health Facilities Act
Loi sur les établissements de santé autonomes

R.R.O. 1990, REGULATION 649

APPLICATION AND EXEMPTIONS

Consolidation Period: From July 1, 2010 to the e-Laws currency date.

Last amendment: O. Reg. 99/10.

This Regulation is made in English only.

1. A health facility is exempt from the application of the Act and the regulations if it is,

(a) a home for special care established, approved or licensed under the Homes for Special Care Act;

(b) a long-term care home under the Long-Term Care Homes Act, 2007;

(c) a house used as a private hospital under the authority of a licence issued under the Private Hospitals Act; or

(d) a facility designated as a psychiatric facility under the Mental Health Act. R.R.O. 1990, Reg. 649, s. 1; O. Reg. 99/10, s. 1.

2. A corporation that operates a hospital that is approved as a public hospital under the Public Hospitals Act is exempt from the application of the Act and the regulations. R.R.O. 1990, Reg. 649, s. 2.

3. A service provided to a person who is not an insured person is exempt from the application of the Act and the regulations. R.R.O. 1990, Reg. 649, s. 3.

4. A service is exempt from the application of the Act and the regulations if it is provided by a,

(a) chiropodist;

(b) chiropractor;

(c) dentist;

(d) optometrist;

(e) osteopath;

(f) physiotherapist; or

(g) podiatrist. R.R.O. 1990, Reg. 649, s. 4.

5. A service is exempt from the application of the Act and the regulations if the service would make the place in which it is provided a laboratory as defined in section 5 of the Laboratory and Specimen Collection Centre Licensing Act or a specimen collection centre as defined in section 5 of that Act and the service is provided under the authority of a licence issued under that Act. R.R.O. 1990, Reg. 649, s. 5.

6. Ambulance services are exempt from the application of the Act and the regulations. R.R.O. 1990, Reg. 649, s. 6.

7. Sections 3, 4, 5 and 6 apply to independent health facilities operated under subsection 7 (3) of the Act and to persons who operate the facilities. R.R.O. 1990, Reg. 649, s. 7.

8. Sections 7 and 8 of the Act do not apply to a person who operates a health facility or an independent health facility and who,

(a) on or before March 4, 1998, was not performing bone mineral density analysis using dual-energy X-ray absorptiometry technology at the facility; and

(b) after March 4, 1998 but before April 2, 1998, began performing bone mineral density analysis using dual-energy X-ray absorptiometry technology at the facility. O. Reg. 197/98, s. 1; O. Reg. 650/98, s. 1.

9. (1) Sections 7 and 8 of the Act do not apply to a person who was operating a health facility or an independent health facility on and before July 2, 1998 and who,

(a) on or before April 3, 1998, was not performing sleep study services at the facility; and

(b) after April 3, 1998 but before July 2, 1998, began performing sleep study services at the facility. O. Reg. 650/98, s. 2.

(2) In this section,

“schedule of benefits” means the schedule of benefits as defined in section 1 of Regulation 552 of the Revised Regulations of Ontario, 1990 made under the Health Insurance Act;

“sleep study services” means the sleep study services described as an insured service in the schedule of benefits. O. Reg. 650/98, s. 2.