O. Reg. 209/94: GENERAL

 

Psychology Act, 1991
Loi de 1991 sur les psychologues

ontario REGULATION 209/94

GENERAL

Consolidation Period: From July 21, 2023 to the e-Laws currency date.

Note: This Regulation is revoked on July 1, 2024, the day section 15 of Schedule 4 (Psychology and Applied Behaviour Analysis Act, 2021) to the Advancing Oversight and Planning in Ontario’s Health System Act, 2021 comes into force. (See: O. Reg. 194/23, art. 8)

Last amendment: 194/23.

Legislative History: 222/95, 534/98, 535/99, 73/15, 194/23.

This Regulation is made in English only.

Parts I, II Revoked:  O. Reg. 535/99, s. 1.

PART III
QUALITY ASSURANCE

General

6. In this Part,

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

“Committee” means the Quality Assurance Committee and includes a panel of the Committee appointed under subsection 7 (2);

“program” means the quality assurance program required by section 80 of the Health Professions Procedural Code;

“stratified random sampling” means a sampling where groups are,

(a) removed from the pool of members to be sampled, or

(b) weighted to increase or decrease the likelihood of their being selected. O. Reg. 73/15, s. 1.

7. (1) The program shall include the following components:

1. Self-assessment.

2. Peer and practice assessment.

3. Continuing education and professional development designed to,

i. promote continuing competence and continuing quality improvement among members,

ii. address changes in practice environments, and

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

4. Mechanisms for the College to monitor members’ participation in, and compliance with, the program. O. Reg. 73/15, s. 1.

(2) The Chair of the Committee may appoint a panel of the Committee composed of three persons, at least one of whom shall be a member of the Council appointed by the Lieutenant Governor in Council. O. Reg. 73/15, s. 1.

(3) The Committee shall administer the program. O. Reg. 73/15, s. 1.

Self-Assessment

8. (1) The purposes of self-assessment are to assist members,

(a) to identify the extent to which a member’s practice meets current standards;

(b) to identify opportunities to improve a member’s knowledge, skill and judgment; and

(c) to plan a member’s continuing education and professional development. O. Reg. 73/15, s. 1.

(2) Every member shall participate in self-assessment in the manner approved by the Committee and fulfil any reporting requirements as directed by the Committee. O. Reg. 73/15, s. 1.

(3) Every member shall retain records of his or her participation in self-assessment, in the form and manner required by the Committee, for a period of at least five years. O. Reg. 73/15, s. 1.

(4) At the request of the Committee, a member shall submit the records referred to in subsection (3) to the College within the time period specified in the request or, where no time period is specified, within 30 days after the day the member receives the request. O. Reg. 73/15, s. 1.

(5) This section does not apply to a member who holds a Retired certificate of registration. O. Reg. 73/15, s. 1.

Peer and Practice Assessment

9. (1) Each year the Committee shall select members to undergo a peer and practice assessment to assess the members’ knowledge, skill and judgment. O. Reg. 73/15, s. 1.

(2) A member shall undergo a peer and practice assessment if,

(a) the member’s name is selected randomly from the entire membership;

(b) the member’s name is selected by stratified random sampling; or

(c) the member has failed to participate in self-assessment. O. Reg. 73/15, s. 1.

(3) An assessor or assessors shall evaluate the member’s knowledge, skill and judgment by way of a peer and practice assessment, prepare a written report that may include recommendations and provide the report to the Committee and the member, along with a notice of the member’s right to make written submissions to the Committee. O. Reg. 73/15, s. 1.

(4) The member may make written submissions to the Committee within 14 days from the date that he or she received the report. O. Reg. 73/15, s. 1.

(5) If, after considering the report and the member’s submissions, if any, and giving the member an opportunity to confer with the Committee, the Committee may,

(a) direct that no further action be taken;

(b) take any action listed in subsection 80.2 (1) of the Health Professions Procedural Code if the Committee is of the opinion that the member’s knowledge, skill or judgment is unsatisfactory;

(c) grant the member a specified period of time to address the recommendations in the report; or

(d) direct that the member undergo a second peer and practice assessment. O. Reg. 73/15, s. 1.

(6) If the Committee acts under clause (5) (c) or (d), subsections (3) and (4) and clauses (5) (a) and (b) apply, with any necessary modifications. O. Reg. 73/15, s. 1.

(7) For greater certainty, the Committee shall not require a member to undergo a further peer and practice assessment under clause (5) (d) after the second assessment. O. Reg. 73/15, s. 1.

(8) This section does not apply to a member who holds a Retired or Inactive certificate of registration. O. Reg. 73/15, s. 1.

Continuing Education and Professional Development

10. (1) Every member shall participate in continuing education and professional development activities in the manner approved by the Committee for the purpose of maintaining and enhancing the member’s knowledge, skill and judgment. O. Reg. 73/15, s. 1.

(2) The College shall, in a timely manner, distribute information to the members about the requirements for continuing education and professional development activities approved by the Committee. O. Reg. 73/15, s. 1.

(3) A member shall retain the records of his or her participation in continuing education and professional development activities for a period of at least five years. O. Reg. 73/15, s. 1.

(4) At the request of the Committee, a member shall attest to the completion of their continuing education and professional development activities in the form and manner required by the Committee and provide the Committee with his or her records of the activities undertaken in the form and manner requested by the Committee. O. Reg. 73/15, s. 1.

(5) This section does not apply to a member who holds a Retired certificate of registration. O. Reg. 73/15, s. 1.

11.-17. Revoked: O. Reg. 73/15, s. 1.

PART IV
ADVERTISING

18. (1) An advertisement with respect to a member’s practice must not contain,

(a) anything that is false or misleading;

(b) claims of uniqueness or special advantage that are not supportable by existing scientific evidence;

(c) any claim, whether express or implied, that the member is a specialist;

(d) an endorsement by an organization other than a professional psychological organization or a professional body of psychologists, of psychological associates or of both that grants professional credentials to psychologists, psychological associates or to both;

(e) a testimonial by a client or former client or by a friend or relative of a client or former client;

(f) a reference to a particular brand of equipment used to provide professional services if the reference implies that the member recommends the use of that brand of equipment; or

(g) anything that discredits the profession of psychology.  O. Reg. 534/98, s. 1.

(2) Clause (1) (e) does not apply with respect to an advertisement that is intended for organizations or businesses or with respect to testimonials made by an organization or a business.  O. Reg. 534/98, s. 1.

(3) An advertisement must be readily comprehensible to the persons to whom it is directed.  O. Reg. 534/98, s. 1.

19. (1) The following are acts of professional misconduct for the purposes of clause 51 (1) (c) of the Health Professions Procedural Code:

1. Advertising or permitting advertising with respect to the member’s practice in contravention of section 18.

2. Contacting or communicating with, or causing or allowing any person to contact or communicate with, potential clients, either in person or by telephone, in an attempt to solicit business, unless the person contacted is a representative or agent of the potential client and the potential client is not an individual or a family.

3. Appearing in, or permitting the use of the member’s name in, an advertisement, other than an advertisement of the member’s own practice, that implies or could be reasonably interpreted to imply that the professional expertise of the member is relevant to the subject- matter of the advertisement.

4. Permitting, counselling or assisting persons who are not members of the College to promote or advertise themselves as psychologists or psychological associates.  O. Reg. 534/98, s. 1.

(2) Paragraph 3 of subsection (1) does not apply to,

(a) an advertisement for a non-profit organization for which the member receives no consideration for his or her appearance or for the use of his or her name;

(b) an advertisement of a book or other publication of which the member is the author or editor or one of the authors or editors; or

(c) an advertisement of a book or other publication if the appearance or use of the member’s name is in relation to a review by the member of the book or publication.  O. Reg. 534/98, s. 1.