O. Reg. 204/94: GENERAL

Chiropractic Act, 1991
Loi de 1991 sur les chiropraticiens

ONTARIO REGULATION 204/94

Amended to O. Reg. 233/05

GENERAL

Historical version for the period May 19, 2005 to September 29, 2005.

This Regulation is made in English only.

PART I
APPOINTMENT OF NON-COUNCIL MEMBERS TO COMMITTEES OF THE COLLEGE

1. This Part applies with respect to the appointment of members who are not members of the Council to a committee of the College. O. Reg. 204/94, s. 1; O. Reg. 747/94, s. 1.

2. (1) The Council shall appoint members to committees in the numbers prescribed by regulation. O. Reg. 204/94, s. 2 (1).

(2) The Council shall make the appointments at the first regular Council meeting after the Council election held in March, 1994 and at the first regular Council meeting held after every second election thereafter. O. Reg. 204/94, s. 2 (2).

(3) The Council may make appointments from time to time to fill any vacancy created by the disqualification, death or resignation of a member appointed under this Part. O. Reg. 204/94, s. 2 (3); O. Reg. 747/94, s. 1.

(4) In making the appointments, the Council shall take into account location and type of practice, experience, gender, race, ethnic origin, languages spoken and other qualifications and characteristics of members in order to complement the attributes of members of the committees who are members of Council. O. Reg. 204/94, s. 2 (4).

3. (1) The term of office of a committee member who is not a member of the Council is two years starting on the date the appointment is made. O. Reg. 204/94, s. 3 (1).

(2) No member may serve on one or more committees for more than nine consecutive years, whether the time is served as a member who is a member of the Council or as a member who is not a member of the Council. O. Reg. 204/94, s. 3 (2).

(3) A member who has served on a committee for nine years is not eligible to be reappointed until at least three years have passed since the member last served on a committee. O. Reg. 204/94, s. 3 (3).

4. A member is eligible for appointment to a committee if, on the date of appointment,

(a) the member practises chiropractic in Ontario, or if the member does not practise chiropractic, the member is resident in Ontario;

(b) the member is not in default of payment of any prescribed fees;

(c) the member is not the subject of any disciplinary or incapacity proceeding;

(d) a finding of professional misconduct, incompetence or incapacity has not been made against the member in the three years preceding the date of the appointment;

(e) the member is not an officer or director of any professional chiropractic association such that a real or apparent conflict of interest may arise; this includes membership on the board of the Ontario Chiropractic Association, Canadian Chiropractic Association, Canadian Memorial Chiropractic College or Canadian Chiropractic Protective Association; and

(f) the member is not a member of the Council or of a committee of the College of any other health profession. O. Reg. 204/94, s. 4.

5. (1) The Council shall disqualify a member appointed to a committee from sitting on the committee if the member,

(a) is the subject of any disciplinary or incapacity proceeding;

(b) is found to have committed an act of professional misconduct or is found to be incompetent by a panel of the Discipline Committee;

(c) is found to be an incapacitated member by a panel of the Fitness to Practise Committee;

(d) fails, without cause, to attend two consecutive meetings of the committee or of a subcommittee of which he or she is a member;

(e) fails, without cause, to attend a hearing or review of a panel for which he or she has been selected;

(f) neither practises nor resides in Ontario; or

(g) becomes an officer or director of any professional chiropractic association such that a real or apparent conflict of interest may arise; this includes membership on the board of the Ontario Chiropractic Association, Canadian Chiropractic Association, Canadian Memorial Chiropractic College or Canadian Chiropractic Protective Association. O. Reg. 204/94, s. 5 (1).

(2) A member who is disqualified under subsection (1) from sitting on a committee ceases to be a member of the committee. O. Reg. 204/94, s. 5 (2).

PART II
FEES

6. (1) Every member shall pay an annual fee. O. Reg. 747/94, s. 2.

(2) The annual fee is $850 for a member who holds a General or Academic certificate of registration, $475 for a member who holds an Inactive certificate of registration and $150 for a member who holds a Retired certificate of registration. O. Reg. 747/94, s. 2.

(3) The annual fee for a member who holds a General or Academic certificate of registration may be paid in two instalments on January 1 and June 1 in each year in amounts to be set by the Registrar. O. Reg. 747/94, s. 2.

(4) No later than 60 days before the annual fee or the first instalment of the annual fee is due, the Registrar shall notify the member of,

(a) the amount of the annual fee or, if the member is paying by instalment, the amounts of the first and second instalments;

(b) the date on which the annual fee or each of the instalments is due; and

(c) the penalty for late payment. O. Reg. 747/94, s. 2.

7. (1) If a member fails to pay the annual fee or an instalment on or before the day on which it is due, the member shall pay a penalty in addition to the annual fee. O. Reg. 747/94, s. 2.

(2) The penalty is $100 for a member who holds a General or Academic certificate of registration, $20 for a member who holds an Inactive certificate of registration and $20 for a member who holds a Retired certificate of registration. O. Reg. 747/94, s. 2.

8. Where a person requests the Registrar to do anything that the Registrar is required or authorized to do by statute or by regulation, the person shall pay the prescribed fee or the fee set by the Registrar for doing so. O. Reg. 747/94, s. 2.

PART III
QUALITY ASSURANCE

General

9. In this Part,

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

“Committee” means the Quality Assurance Committee of the College;

“deficient clinical ability” means, in relation to a member, a level of knowledge, skill or judgment that makes the member’s clinical performance unsatisfactory;

“Program” means the Quality Assurance Program of the College. O. Reg. 233/05, s. 1.

10. The purposes of the Program are,

(a) to encourage continuous improvement in the quality of care provided by members; and

(b) to improve results in patient treatment. O. Reg. 233/05, s. 1.

11. Every member shall participate in the Program. O. Reg. 233/05, s. 1.

Program Components

12. The Committee shall administer the Program, which shall include the following components:

1. Random peer assessments.

2. Individual member remediation.

3. X-ray peer reviews. O. Reg. 233/05, s. 1.

Random Peer Assessment

13. (1) Each year, the College shall select at random the names of members required to undergo a peer assessment. O. Reg. 233/05, s. 1.

(2) A member shall undergo a peer assessment if selected at random under subsection (1). O. Reg. 233/05, s. 1.

(3) The purpose of a peer assessment is to evaluate a member’s knowledge, skills or judgment to ensure his or her continuing competence and adherence to the standards of practice of the profession. O. Reg. 233/05, s. 1.

14. (1) In appointing an assessor to conduct a peer assessment, the Committee shall,

(a) appoint an assessor who is familiar with the methods used by the member who is to be assessed; and

(b) if the member being assessed is certified in a specialty recognized by the College, appoint an assessor who is certified in the same specialty. O. Reg. 233/05, s. 1.

(2) No member of the College who sat on a panel of the Discipline Committee that heard allegations against a member shall be appointed as an assessor in respect of that member. O. Reg. 233/05, s. 1.

(3) No member who has demonstrated antagonism towards another member or towards a form of treatment offered by that member shall be appointed as an assessor in respect of the member. O. Reg. 233/05, s. 1.

15. (1) The Registrar shall notify a member who is required to undergo a peer assessment of the name of the assessor. O. Reg. 233/05, s. 1.

(2) The member who is required to undergo a peer assessment may make one request that another assessor be appointed by the Committee upon being notified under subsection (1) and before the assessor commences the assessment. O. Reg. 233/05, s. 1.

(3) The Committee, on receiving a request under subsection (2), may replace the assessor with another assessor. O. Reg. 233/05, s. 1.

16. (1) After having completed an assessment, the assessor shall give the Committee and the member who was assessed a written report of the assessment. O. Reg. 233/05, s. 1.

(2) The member may submit to the Committee comments or responses that he or she wishes to have noted with respect to the assessment. O. Reg. 233/05, s. 1.

(3) The Committee may decide, after considering the assessor’s report and the member’s comments, if any,

(a) that no further action is necessary;

(b) to give the member an opportunity to correct a deficient clinical ability identified by the Committee as a result of the peer assessment; or

(c) to require the member to participate in a member remediation program and follow-up assessment under section 17. O. Reg. 233/05, s. 1.

(4) If the Committee gives the member an opportunity to correct a deficient clinical ability under clause (3) (b), it may require the member to undergo a peer reassessment. O. Reg. 233/05, s. 1.

(5) A member shall not be required to undergo more than two peer reassessments under subsection (4). O. Reg. 233/05, s. 1.

(6) Subsections (1), (2) and (3) apply with necessary modifications to a reassessment under subsection (4). O. Reg. 233/05, s. 1.

Individual Member Remediation

17. (1) The Committee may require a member to participate in a remediation program if,

(a) the member has been referred to the Committee from the Executive Committee or the Complaints Committee in relation to alleged behaviour or remarks of a sexual nature by the member towards a patient that are not of a clinical nature appropriate to the service provided and the member has underdone a psychological or other assessment relating to the alleged behaviour or remarks; or

(b) the Committee is, after the member has undergone a peer assessment under section 16, of the opinion that the member has a deficient clinical ability that may be remediable. O. Reg. 233/05, s. 1.

(2) The remediation program shall be an educational program designed specifically to reduce or eliminate the member’s deficient clinical ability or propensity to engage in behaviour or remarks of a sexual nature towards patients that are not of a clinical nature appropriate to the service provided. O. Reg. 233/05, s. 1.

(3) In the case of a member who is required to participate in a remediation program under clause (1) (b), the Committee may, after a member has completed a remediation program under this section, require the member to undergo another peer assessment. O. Reg. 233/05, s. 1.

(4) A member shall not be required to undergo more than two reassessments under subsection (3). O. Reg. 233/05, s. 1.

(5) Subsections 16 (1), (2) and (3) apply with necessary modifications to a peer reassessment under subsection (3). O. Reg. 233/05, s. 1.

X-ray Peer Review

18. (1) Every member shall participate in the College’s x-ray peer review program. O. Reg. 233/05, s. 1.

(2) The x-ray peer review program in an assessment and remediation program designed to reduce or eliminate the member’s deficient clinical ability with respect to taking or interpreting x-rays. O. Reg. 233/05, s. 1.

(3) During an x-ray peer review, one or more assessors shall,

(a) review another member’s reports written by the member in which he or she interprets x-rays; and

(b) in the case of a member who takes his or her own x-rays, review x-rays taken by the member. O. Reg. 233/05, s. 1.

(4) After having completed the x-ray peer review, the assessors who conducted the review shall submit a written report to the Committee and give the member a copy. O. Reg. 233/05, s. 1.

(5) The member may submit to the Committee comments or responses that he or she wishes to have noted with respect to the review. O. Reg. 233/05, s. 1.

(6) If, after having reviewed the report and the comments submitted by the member under subsection (5), if any, the Committee believes that the member is deficient in taking or interpreting x-rays, it may require that the member participate in a remediation program designed to correct the deficiency. O. Reg. 233/05, s. 1.

(7) The Committee may, after a member has completed a remediation program under this section, require the member to undergo one additional x-ray peer review. O. Reg. 233/05, s. 1.

(8) Subsections (1) to (6) apply with necessary modifications to an x-ray peer review under subsection (7). O. Reg. 233/05, s. 1.