O. Reg. 205/94: GENERAL

Dentistry Act, 1991
Loi de 1991 sur les dentistes

ONTARIO REGULATION 205/94

Amended to O. Reg. 196/03

GENERAL

Historical version for the period November 15, 2003 to December 15, 2004.

This Regulation is made in English only.

PART I (ss. 1 - 5) Revoked: O. Reg. 272/00, s. 1.

PART II
FUNDING FOR THERAPY AND COUNSELLING

6. In this Part,

“member” includes a former member. O. Reg. 186/99, s. 1.

7. The Patient Relations Committee shall determine whether a person is eligible for funding under clause 85.7 (4) (a) of the Health Professions Procedural Code or under section 8. O. Reg. 186/99, s. 1.

8. (1) For the purposes of clause 85.7 (4) (b) of the Health Professions Procedural Code, the alternative requirements for a person to be eligible for funding for therapy and counselling are,

(a) that the person must submit to the Patient Relations Committee a completed application form provided by the Committee which shall include the name of the member whose conduct may entitle the person to funding; and

(b) that any of the circumstances described in subsection (2) exist. O. Reg. 186/99, s. 1.

(2) The circumstances in which a person may be eligible for funding are as follows:

1. There is an admission by a member, as part of a statement to or an agreement with the College, that the person, while a patient, was sexually abused by the member.

2. There is a finding by a court that the person, while a patient, was sexually assaulted, within the meaning of the Criminal Code (Canada), by a member.

3. There is a finding made by a panel of the Discipline Committee on or after December 31, 1993 that conduct of a sexual nature had occurred between the person and a member before December 31, 1993, while the person was a patient of the member, and that such conduct resulted in a finding of professional misconduct or incompetence against the member.

4. There is an allegation that the person was sexually abused by a member while a patient of the member, which allegation has been referred to a panel of the Discipline Committee for a hearing but the hearing is not held for one of the following reasons:

i. The member has died or the College believes that the member may have died or that the member cannot be located.

ii. The member is incapacitated.

iii. The member’s certificate of registration was revoked for misconduct of a sexual nature toward a patient before the allegations in respect of the person were heard by a panel of the Discipline Committee. O. Reg. 186/99, s. 1.

PART III
AMALGAM WASTE DISPOSAL

9. (1) The document entitled the “Standard of Practice of the Profession for Amalgam Waste Disposal”, as published and amended from time to time by the College, is prescribed as a standard of practice for the profession, for the purpose of reducing the amount of dental amalgam which directly or indirectly enters the sewage system through wastewater from dental offices. O. Reg. 196/03, s. 1.

(2) The College shall ensure that the Standard of Practice and amendments to it are circulated among the members. O. Reg. 196/03, s. 1.

(3) Each member who owns or controls a dental practice in Ontario, whether directly or indirectly, including ownership or control through a health profession corporation or other corporation shall,

(a) ensure that every dental office maintained by a member in Ontario in which any dental amalgam is placed, repaired or removed has a properly installed dental amalgam device which meets or exceeds the standard entitled “Dental Equipment-Amalgam Separators” made by the International Organization for Standardization;

(b) ensure that in every dental office maintained by a member in Ontario in which any dental amalgam is placed, repaired or removed, the amalgam waste is properly disposed of; and

(c) ensure that the Standard of Practice is complied with. O. Reg. 196/03, s. 1.

(4) A member who, in Ontario, places, repairs or removes for a patient any dental amalgam or authorizes the placement, repair or removal for a patient of any dental amalgam, but who does not own or control, either directly or indirectly, the dental practice in which the placement, repair or removal is being performed shall take all reasonable steps to ensure that the requirements of subsection (3) and of the Standard of Practice are being complied with. O. Reg. 196/03, s. 1.

(5) A member shall not, in Ontario, place, repair or remove for any patient any dental amalgam or authorize the placement, repair or removal for a patient of any dental amalgam where the member knows, or reasonably ought to know, that the requirements of subsection (3) and of the Standard of Practice have not been complied with. O. Reg. 196/03, s. 1.