O. Reg. 219/94: GENERAL

 

Opticianry Act, 1991
Loi de 1991 sur les opticiens

ONTARIO REGULATION 219/94

GENERAL

Consolidation Period: From November 19, 2012 to the e-Laws currency date.

Last amendment: 377/12.

Legislative History: 530/98, 479/99, 377/12.

This Regulation is made in English only.

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CONTENTS

 

Part 1 Revoked:  O. Reg. 479/99, s. 1.

PART II
ADVERTISING

6. An advertisement with respect to a member’s practice or place of practice must not contain,

(a) anything that is false or misleading;

(b) anything that, because of its nature, cannot be verified;

(c) a claim of specialization, if the member does not hold a Specialty Certificate issued by the College; or

(d) the member’s name or photograph, or other likeness, in an advertisement 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 if, in fact, it is not.  O. Reg. 219/94, s. 6.

PART III
QUALITY ASSURANCE

General

7. In this Part,

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

“Committee” means the Quality Assurance Committee;

“program” means the quality assurance program. O. Reg. 377/12, s. 1.

8. The Committee shall administer the program, which shall consist of the following components:

1. 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 practice competencies and other relevant issues in the discretion of the Council.

2. Self, peer and practice assessments.

3. A mechanism for the College to monitor members’ participation in, and compliance with, the quality assurance program. O. Reg. 377/12, s. 1.

9. Every member who holds a certificate of registration as a registered optician shall participate in the program and fulfil its requirements. O. Reg. 377/12, s. 1.

Self-Assessment and Continuing Education or Professional Development

10. (1) Every member shall retain records of his or her self-assessment and continuing education or professional development, in the form and manner approved by the Committee, for six years. O. Reg. 377/12, s. 1.

(2) At the request of the Committee or an assessor, a member, within 30 days of being notified of the request, shall,

(a) provide accurate information to the Committee or an assessor about his or her self-assessment, continuing education or professional development activities; and

(b) make his or her records available to the Committee or an assessor for inspection. O. Reg. 377/12, s. 1.

(3) Every member shall participate in self-assessment, continuing education or professional development activities as approved by the Committee to ensure that, in the Committee’s opinion, the member’s knowledge, skills and judgment are satisfactory. O. Reg. 377/12, s. 1.

Peer and Practice Assessment

11. (1) The peer and practice assessment shall include an assessment of the member’s knowledge, skills and judgment. O. Reg. 377/12, s. 1.

(2) The purpose of a peer and practice assessment of a member’s knowledge, skills and judgment is to ensure that the member continues to practice competently and adheres to the standards of practice of the profession. O. Reg. 377/12, s. 1.

(3) Each year the Committee shall select at random, including by stratified random sampling, the names of members required to undergo a peer and practice assessment. O. Reg. 377/12, s. 1.

(4) A member shall undergo a peer and practice assessment of his or her knowledge, skills and judgment if,

(a) his or her name is selected under subsection (3);

(b) a request is made to review the records of a member’s self-assessment, continuing education or professional development activities under section 10 and the records, in the opinion of the Committee, are not complete or fail to demonstrate that the member has engaged in adequate self-assessment, continuing education or professional development activities; or

(c) the member is selected on the basis of other criteria specified by the Committee and published on the College’s website at least three months before the member is selected on the basis of that criteria. O. Reg. 377/12, s. 1.

(5) An assessor may conduct an assessment in stages and may conduct the assessment with the assistance of others. O. Reg. 377/12, s. 1.

12. (1) At least 14 days before the assessment begins, the Committee shall notify a member that he or she will undergo a peer and practice assessment and in the notice, provide the member with the name of the assessor. O. Reg. 377/12, s. 1.

(2) Within 14 days after receiving the notice under subsection (1), the member may ask the Committee to appoint a different assessor so long as the assessor mentioned in the notice under subsection (1) has not yet begun the assessment. O. Reg. 377/12, s. 1.

(3) The Committee may appoint another assessor after considering the member’s request under subsection (2). O. Reg. 377/12, s. 1.

(4) The Committee is not obliged to consider more than one request by a member for a change of assessor. O. Reg. 377/12, s. 1.

13. (1) When the member has completed the peer and practice assessment, the assessor shall give the Committee a written report of the assessment. O. Reg. 377/12, s. 1.

(2) If, after considering the assessor’s report together with any other materials that are relevant to the peer and practice assessment, the Committee is of the opinion that the member’s knowledge, skills and judgment are not satisfactory, the Committee may exercise any of the powers in section 80.2 of the Health Professions Procedural Code, if the Committee,

(a) provides the member with a copy of the assessor’s report and other relevant materials;

(b) provides the member with notice of the Committee’s opinion and intention to take action;

(c) gives the member notice of the member’s right to make written submissions to the Committee within 14 days of receipt of the notice, or a longer time stipulated by the Committee; and

(d) after considering any submissions made by the member, is still of the opinion that the member’s knowledge, skills and judgment are not satisfactory. O. Reg. 377/12, s. 1.

(3) The Committee shall advise the member of the results of the peer and practice assessment, whether or not the Committee intends to take any further action with regard to the member. O. Reg. 377/12, s. 1.

14.-22. Revoked: O. Reg. 377/12, s. 1.

PART IV
INSPECTIONS

23. (1) On request, every member shall permit an inspector appointed by the College who shows written evidence of the appointment to inspect and examine premises used by the member in connection with his or her practice, instruments and other equipment, and books, accounts, reports and records of the member relating to his or her practice.  O. Reg. 530/98, s. 1.

(2) The inspector shall prepare an inspection report and, as soon as it is completed, shall provide a copy of it to the member and to the Registrar.  O. Reg. 530/98, s. 1.

(3) On receiving the inspection report, the member shall indicate by signature that he or she has received it and has read the information in it.  O. Reg. 530/98, s. 1.