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Medical Laboratory Technology Act, 1991
Loi de 1991 sur les technologistes de laboratoire médical

ONTARIO REGULATION 207/94

GENERAL

Consolidation Period:  From July 1, 2015 to the e-Laws currency date.

Last amendment:  O. Reg. 166/15.

This Regulation is made in English only.

PART I
REGISTRATION

1. (1) The following are prescribed as classes of certificates of registration:

1. Practising.

2. Non-practising.  O. Reg. 553/05, s. 1.

(2) A certificate of registration shall indicate in which specialties, if any, the member is authorized to practise.  O. Reg. 553/05, s. 1.

(3) A certificate of registration shall indicate in which subspecialties, if any, the member is authorized to practise, and in which former specialties and subspecialties, if any, the member is authorized to practise in accordance with sections 9 and 10.  O. Reg. 553/05, s. 1.

(4) The specialties, subspecialties and former specialties and subspecialties in laboratory sciences that may be indicated on a certificate of registration under subsections (2) and (3) are listed in Schedule 1.  O. Reg. 553/05, s. 1.

2. (1) The following are the standards and qualifications for the issuance of a practising certificate of registration:

1. The applicant must submit a completed application form to the Registrar together with the application fee.

2. The applicant’s past and present conduct must afford reasonable grounds for the belief that the applicant,

i. is mentally competent to practise the profession,

ii. will practise the profession with decency, integrity and honesty and in accordance with the law, and

iii. can communicate effectively with and will display an appropriate attitude towards patients and colleagues.

3. The applicant must not have made, by commission or omission, any false or misleading representation or declaration on or in connection with an application.

4. The applicant must be a Canadian citizen or a permanent resident of Canada or have an authorization under the Immigration and Refugee Protection Act (Canada) consistent with the applicant’s proposed certificate of registration.

5. The applicant must have reasonable fluency in either English or French.

6. The applicant must have satisfied one of the following educational and training requirements:

i. successful completion of a course of study in medical laboratory technology in a Canadian institution which has been approved by a body or bodies designated by the Council or by the Council itself,

ii. possession of a baccalaureate degree from a Canadian university, whose major course content, both lecture and practical, is relevant to medical laboratory technology, and which is approved by the Registration Committee, or

iii. possession of education or a mixture of education and experience which is considered by the Registration Committee to be equivalent to that which is described in subparagraph i or ii, and demonstrated by the successful completion of a Prior Learning Assessment which, in the opinion of the Registration Committee, is comprehensive and objective. 

7. The applicant must have successfully completed a qualifying examination set or approved by the Registration Committee.

8. The applicant must have satisfied one of the following educational and training requirements:

i. within the three years preceding the application, active engagement in the practice of medical laboratory technology, which may include time spent as a student, or in the teaching of medical laboratory technology, that demonstrates, in the opinion of the Registration Committee, that he or she could meet the current standards of practice in Ontario, or

ii. within the three years preceding the application, successful completion of a refresher course in the relevant specialties in laboratory science approved by the Registration Committee.  O. Reg. 553/05, s. 1.

(2), (3) Revoked:  O. Reg. 18/12, s. 1.

2.1 (1) Where section 22.18 of the Health Professions Procedural Code applies to an applicant, the requirements of paragraphs 6, 7 and 8 of subsection 2 (1) of this Regulation are deemed to have been met.  O. Reg. 18/12, s. 2.

(2) Despite subsection (1), it is a registration requirement that an applicant referred to in that subsection provide a certificate, letter or other evidence satisfactory to the Registrar or a panel of the Registration Committee confirming that the applicant is in good standing as a medical laboratory technologist in every jurisdiction where the applicant holds an out-of-province certificate.  O. Reg. 18/12, s. 2.

(3) Without in any way limiting the generality of subsection (2), “good standing” shall include the fact that,

(a) the applicant is not the subject of any discipline or fitness to practise order or of any proceeding or ongoing investigation or of any interim order or agreement as a result of a complaint, investigation or proceeding; and

(b) the applicant has complied with the continuing competency and quality assurance requirements of the regulatory authority that issued the applicant the out-of-province certificate.  O. Reg. 18/12, s. 2.

(4) Where an applicant to whom subsection (1) applies is unable to satisfy the Registrar or a panel of the Registration Committee that the applicant practised the profession of medical laboratory technology to the extent that would be permitted by a practising certificate of registration at any time in the preceding three years immediately before the date of that applicant’s application, the applicant must meet any further requirement to undertake, obtain or undergo material additional training, experience, examinations or assessments that may be specified by a panel of the Registration Committee.  O. Reg. 18/12, s. 2.

(5) An applicant referred to in subsection (1) is deemed to have met the requirements of paragraph 5 of subsection 2 (1) where the requirements for the issuance of the applicant’s out-of-province certificate included language proficiency requirements equivalent to those required by that paragraph.  O. Reg. 18/12, s. 2.

(6) Despite subsection (1), an applicant is not deemed to have met a requirement if that requirement is described in subsection 22.18 (3) of the Health Professions Procedural Code.  O. Reg. 18/12, s. 2.

3. (1) A non-practising certificate of registration shall be issued if the applicant meets the standards and qualifications for a practising certificate of registration under section 2, but is not practising medical laboratory technology in Ontario at the time of application or renewal of membership.  O. Reg. 553/05, s. 1.

(2) A member who holds a non-practising certificate of registration shall not practise medical laboratory technology.  O. Reg. 553/05, s. 1.

(3) A member who holds a non-practising certificate of registration shall not be nominated for election to the Council, or for appointment to a Committee.  O. Reg. 553/05, s. 1.

4. A member who holds a non-practising certificate of registration and applies for a practising certificate of registration must satisfy one of the following requirements:

1. Within the three years preceding the application, active engagement in the practice of medical laboratory technology, which may include time spent as a student, or in the teaching of medical laboratory technology, that demonstrates, in the opinion of the Registration Committee, that he or she could meet the current standards of practice in Ontario.

2. Within the three years preceding the application, successful completion of a refresher course in the relevant specialties in laboratory science approved by the Registration Committee.  O. Reg. 553/05, s. 1.

5. The following are the terms, conditions and limitations of a certificate of registration of any class:

1. The member shall within 15 days provide the College with written and, if requested, oral details of any of the following that relate to the member and that occur or arise after the registration of the member:

i. a conviction for any offence,

ii. a finding of or similar to professional misconduct, incompetence or incapacity in Ontario in relation to another profession or in another jurisdiction in relation to the profession or another profession,

iii. the commencement of a proceeding for professional misconduct, incompetency or incapacity, or similar conduct, in Ontario, in relation to another profession or in another jurisdiction in relation to the profession or another profession.

2. If the member is authorized to practise in one or more specific specialties, subspecialties or former specialties or subspecialties of medical laboratory technology, the member shall perform only procedures within the specified specialty, specialties, subspecialty, subspecialties, former speciality or former subspecialties, as the case may be.  O. Reg. 553/05, s. 1; O. Reg. 18/12, s. 3.

6. A certificate of registration of any class expires if the member ceases to be a Canadian citizen or a permanent resident of Canada or have an authorization under the Immigration and Refugee Protection Act (Canada) consistent with the member’s certificate of registration.  O. Reg. 553/05, s. 1.

7. (1) If the Registrar suspends a member’s certificate of registration pursuant to section 24 of the Health Professions Procedural Code, the Registrar shall lift the suspension on the payment of,

(a) the fee the member failed to pay;

(b) any other applicable fees required under the by-laws; and

(c) any applicable penalties required under the by-laws.  O. Reg. 18/12, s. 4.

(2) The Registrar may waive any of the requirements of subsection (1) in cases of economic hardship.  O. Reg. 18/12, s. 4.

(3) If the Registrar suspends a member’s certificate of registration pursuant to section 24 of the Health Professions Procedural Code and the suspension is not lifted within three years of the commencement of the suspension, the member’s certificate of registration is revoked on the day that is the third anniversary of the suspension.  O. Reg. 18/12, s. 4.

8. (1) The Registrar shall give a letter verifying a member’s credentials to the member upon request by the member and payment of the fee required under the by-laws.  O. Reg. 553/05, s. 1; O. Reg. 18/12, s. 5 (1).

(2) The Registrar shall give a member a replacement for a certificate of registration previously issued by the College if the member requests it and pays the certificate replacement fee required under the by-laws.  O. Reg. 553/05, s. 1; O. Reg. 18/12, s. 5 (2).

9. (1) A member who, immediately before Ontario Regulation 553/05 came into force, was authorized to practise in three or more of the subspecialties of Bacteriology, Mycology, Parasitology or Virology is authorized to practise in the specialty of Microbiology, subject to any applicable terms, conditions or limitations on the prior certificate of registration.  O. Reg. 553/05, s. 1.

(2) A member who, immediately before Ontario Regulation 553/05 came into force, was authorized to practise in one or two of the subspecialties of Bacteriology, Mycology, Parasitology and Virology is authorized to practise in the specialty of Microbiology, restricted to the subspecialty or subspecialties which formerly constituted the member’s specialty, and subject to any applicable terms, conditions or limitations on the prior certificate of registration.  O. Reg. 553/05, s. 1.

(3) A member who, before Ontario Regulation 553/05 came into force, was authorized to practise in any of the former specialties of Immunology, Immunoassay or Electron Microscopy is authorized to practise in that former specialty, as applicable, subject to any applicable terms, conditions or limitations on the prior certificate of registration.  O. Reg. 553/05, s. 1.

(4) A member who, before Ontario Regulation 553/05 came into force, was authorized to practise in Immunohematology is authorized to practise in Transfusion Science, subject to any applicable terms, conditions or limitations on the prior certificate of registration.  O. Reg. 553/05, s. 1.

10. (1) An applicant who otherwise meets the requirements for registration and who is authorized to practise in one or more of the subspecialties of Bacteriology, Mycology, Parasitology and Virology in another jurisdiction in Canada shall be authorized to practise in the specialty of Microbiology restricted to the subspecialty or subspecialties which would have formerly constituted the applicant’s specialty or subspecialties.  O. Reg. 553/05, s. 1.

(2) An applicant who otherwise meets the requirements for registration and who is authorized to practise in any of the former specialties of Immunology, Immunoassay or Electron Microscopy in another jurisdiction in Canada shall be authorized to practise in that former specialty.  O. Reg. 553/05, s. 1.

(3) An applicant who otherwise meets the requirements for registration and who is authorized to practise in Immunohematology in another jurisdiction in Canada shall be authorized to practise in Transfusion Science.  O. Reg. 553/05, s. 1.

Part II Revoked:  O. Reg. 94/01, s. 1.

11. Revoked:  O. Reg. 94/01, s. 1.

PART III
PERSONS PRESCRIBED TO ORDER TESTS

12. For the purposes of subsection 5 (1) of the Act, the following are prescribed persons:

1. A member of the College of Midwives of Ontario.

1.1 A member of the College of Naturopaths of Ontario.

2. A member of the College of Nurses of Ontario who holds an extended certificate of registration under the Nursing Act, 1991.  O. Reg. 48/98, s. 1; O. Reg. 166/15, s. 1.

PART IV
QUALITY ASSURANCE

General

13. (1) In this Part,

“assessor” means an assessor appointed by the Committee under section 81 of the Health Professions Procedural Code for the purposes of a quality assurance program;

“Committee” means the Quality Assurance Committee.  O. Reg. 142/10, s. 1.

(2) This Part applies only to members who hold a practising certificate of registration.  O. Reg. 142/10, s. 1.

14. (1) The Committee shall administer the quality assurance program, which shall include,

(a) continuing education or professional development designed to,

(i) promote continuing competence and continuing quality improvement among the members,

(ii) address changes in practice environments, and

(iii) incorporate standards of practice, advances in technology, changes made to entry to practise competencies and other relevant issues in the discretion of the Council;

(b) self, peer and practice assessments; and

(c) a mechanism for the College to monitor members’ participation in, and compliance with, the quality assurance program.  O. Reg. 142/10, s. 1.

(2) The quality assurance program shall include the following components:

1. Professional portfolio.

2. Practice review.

3. Competence evaluation.  O. Reg. 142/10, s. 1.

Professional Portfolio

15. (1) A member shall complete a self-assessment provided by the Committee annually or at such other times as the Committee considers necessary.  O. Reg. 142/10, s. 1.

(2) Every member shall maintain a professional portfolio, consisting of his or her most recently completed self-assessment, a career summary and a record of the continuing education and professional activities carried out by the member in accordance with guidelines approved by the Committee.  O. Reg. 142/10, s. 1.

(3) On request, the member shall submit the professional portfolio to the Committee within 30 days of the request.  O. Reg. 142/10, s. 1.

Practice Review

16. (1) The purpose of a practice review is to provide an objective audit of a member’s practice in relation to the standards of practice of the profession.  O. Reg. 142/10, s. 1.

(2) Each year the College shall select at random the names of members required to undergo a practice review.  O. Reg. 142/10, s. 1.

(3) A member shall undergo a practice review if his or her name is selected at random and may be required to undergo a practice review based on criteria approved by the Committee.  O. Reg. 142/10, s. 1.

Competence Evaluation

17. (1) The purpose of the competence evaluation is to evaluate the member’s knowledge, skill and judgment in relation to the standards of practice of the profession.  O. Reg. 142/10, s. 1.

(2) The Committee may require a member to participate in a competence evaluation if the Committee is of the opinion, based on a review of his or her professional portfolio, the results of a practice review or any other relevant written information, that the member’s knowledge, skill and judgment are unsatisfactory.  O. Reg. 142/10, s. 1.

(3) A competence evaluation shall reflect the member’s type of practice and may include requiring the member,

(a) to answer, orally or in writing, questions that relate to the member’s type of practice;

(b) to undergo a practical evaluation of his or her abilities in the specialties in which the member is registered to practise;

(c) to solve simulated problems or case studies that relate to the member’s type of practice.  O. Reg. 142/10, s. 1.

(4) The competence evaluation shall be carried out by an assessor.  O. Reg. 142/10, s. 1.

(5) When the member has completed the competence evaluation, the assessor shall give the Committee a written report of the evaluation.  O. Reg. 142/10, s. 1.

(6) The Committee shall provide the member with a copy of the assessor’s report along with any quality assurance information submitted to it respecting the member that is relevant to the competence evaluation, along with notice of the member’s right to submit a written response to the Committee within 30 days after receiving the notice.  O. Reg. 142/10, s. 1.

(7) A member may make submissions to the Committee, in writing, in response to the assessor’s report within at least 30 days after receiving the notice given under subsection (6).  O. Reg. 142/10, s. 1.

(8) The receipt of a notice under this section shall be determined in accordance with the notice provisions in section 39 of the Regulated Health Professions Act, 1991.  O. Reg. 142/10, s. 1.

(9) After considering the assessor’s report and any submissions made by the member, the Committee may take no further action or it may exercise one or more of the powers provided to the Committee under section 80.2 of the Health Professions Procedural Code.  O. Reg. 142/10, s. 1.

18.-22. Revoked:  O. Reg. 142/10, s. 1.

PART V
NOTICE OF MEETINGS AND HEARINGS

23. (1) The Registrar shall ensure that notice is given in accordance with this Part with respect to each of the following that is required to be open to the public under the Act:

1. A meeting of the Council.

2. A hearing of the Discipline Committee respecting allegations of a member’s professional misconduct or incompetence.  O. Reg. 387/09, s. 1.

(2) The notice must, where possible, be posted not less than 14 days before the date of the meeting or hearing on the website of the College.  O. Reg. 387/09, s. 1.

(3) The notice must be published in English and in French.  O. Reg. 387/09, s. 1.

(4) The notice must include,

(a) the date, time and location of the meeting or hearing;

(b) a statement of the purpose of the meeting or hearing including, in the case of a hearing, the name of the member against whom the allegations have been made and the member’s principal place of practice; and

(c) an address and telephone number at which further information about the meeting or hearing may be obtained.  O. Reg. 387/09, s. 1.

(5) The Registrar shall give notice of a meeting or hearing that is open to the public to every person who requests it.  O. Reg. 387/09, s. 1.

(6) No meeting or hearing is invalid simply because a person has not complied with a requirement of this Part.  O. Reg. 387/09, s. 1.

24. Revoked:  O. Reg. 387/09, s. 1.

PART VI
PUBLICATION OF DECISIONS OF COMMITTEE PANELS

25. The College shall publish the decisions and reasons for decisions, or a summary of such reasons, of a panel of the Discipline Committee in a newsletter sent to the members.  O. Reg. 316/99, s. 1.

26. (1) The College shall publish decisions of panels of the Fitness to Practice Committee and the reasons for decisions, or a summary of such reasons, in the annual report.  O. Reg. 316/99, s. 1.

(2) A publication under subsection (1) shall not identify the member who is the subject of the decision.  O. Reg. 316/99, s. 1.

Schedule 1

SPECIALTIES

Biochemistry

Cytogenetics

Cytology

Hematology

Histology

Microbiology

Molecular Genetics

Phlebotomy

Transfusion Science

SUBSPECIALTIES OF MICROBIOLOGY

Bacteriology

Mycology

Parasitology

Virology

FORMER SPECIALTIES AND SUBSPECIALTIES

Electron Microscopy

Immunoassay

Immunology

O. Reg. 553/05, s. 4.