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Medical Radiation Technology Act, 1991
Loi de 1991 sur les technologues en radiation médicale

ONTARIO REGULATION 545/94

GENERAL

Note: This Regulation was revoked on November 19, 2012. (See: O. Reg. 375/12, ss. 10, 11)

Last amendment: O. Reg. 375/12.

This Regulation is made in English only.

PART I Revoked: O. Reg. 52/00, s. 1.

1. Revoked: O. Reg. 52/00, s. 1.

2. Revoked: O. Reg. 52/00, s. 1.

3. Revoked: O. Reg. 52/00, s. 1.

4. Revoked: O. Reg. 52/00, s. 1.

5. Revoked: O. Reg. 52/00, s. 1.

PART II
ADVERTISING

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

(a) anything that is false or misleading;

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

(c) subject to subsection (2), a reference to any area of practice or to any procedure or treatment;

(d) an endorsement other than an endorsement by an organization that is known to have expertise relevant to the subject-matter of the endorsement;

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

(f) a reference to a drug or to a particular brand of equipment or product used to provide health services. O. Reg. 545/94, s. 6 (1).

(2) An advertisement with respect to a member’s practice may contain a reference to a prescribed specialty or a procedure or treatment within the scope of a prescribed specialty, if the member holds a specialty certificate of registration in the specialty and the advertisement states that the member is a specialist in the specialty. O. Reg. 545/94, s. 6 (2).

(3) An advertisement must be readily comprehensible to the persons to whom it is directed. O. Reg. 545/94, s. 6 (3).

PART III
QUALITY ASSURANCE

General

7. In this Part,

“Code” means the Health Professions Procedural Code;

“Committee” means the Quality Assurance Committee;

“continuous learning activity” includes any activity through which a member may enhance his or her knowledge, skills or judgment and includes any such activity whether done individually or while practising the profession;

“Program” means the Quality Assurance Program;

“quality assurance records” means, in relation to a member, the records relating to the member’s assessment of his or her knowledge, skills and judgment and to his or her continuous learning activities and includes the documents described in subsection 10 (2);

“remedial activity” includes refresher, continuing education and other education programs or courses and learning activities done in collaboration with other members or members of any other health profession listed in Schedule 1 to the Regulated Health Professions Act, 1991. O. Reg. 200/98, s. 1.

8. The Committee shall administer the Program which shall include,

(a) self-assessments and continuous learning activities by members;

(b) maintenance of quality assurance records by members and assessments by the Committee of members’ self-assessments and continuous learning activities;

(c) assessments of members’ practices;

(d) participation by members in remedial activities; and

(e) remediation of behaviour or remarks of a sexual nature by a member towards a patient, which behaviour or remarks are not of a clinical nature appropriate to the service provided. O. Reg. 200/98, s. 1.

9. The Chair of the Committee may select a panel from among the members of the Committee and may delegate to the panel any of the Committee’s duties or powers under this Part. O. Reg. 200/98, s. 1.

Self-assessment, Preparation and Assessment of Quality Assurance Records

10. (1) Every year, a member shall engage in continuous learning activities and shall carry out an assessment of his or her knowledge, skills and judgment in accordance with the guidelines published by the College and distributed to the members. O. Reg. 200/98, s. 1.

(2) A member shall prepare and maintain quality assurance records relating to his or her continuous learning activities and to the assessment referred to in subsection (1) and including the following documents:

1. Annual self-assessment profiles which shall include a record of the member’s annual assessment of his or her knowledge, skills and judgment.

2. Annual continuous learning portfolios, as described in subsection (3).

3. Annual certificates, as described in subsection (4). O. Reg. 200/98, s. 1.

(3) In an annual continuous learning portfolio, a member shall include a record of the continuous learning activities carried out by the member during each year, notes on his or her progress in learning and a plan for continuous learning activities for the following year. O. Reg. 200/98, s. 1.

(4) In an annual certificate, a member shall state,

(a) whether or not he or she has complied with the requirements of the Program as set out in this Part and in the guidelines referred to in subsection (1); and

(b) whether or not he or she is competent to practise, based on the standards of practice published by the College and distributed to the members. O. Reg. 200/98, s. 1.

(5) A member shall sign the annual certificate and submit it to the Registrar upon payment of the annual fee. O. Reg. 200/98, s. 1.

(6) The quality assurance records shall be in the form provided by the College. O. Reg. 200/98, s. 1.

(7) A member shall keep a copy of every quality assurance record for five years, and upon request, shall provide a copy of the record to the College. O. Reg. 200/98, s. 1.

11. (1) Upon request by the Committee, a member shall make all or part of the member’s quality assurance records available to the Committee for assessment. O. Reg. 200/98, s. 1.

(2) If the Committee determines that a member has not prepared the quality assurance records, that the member’s annual self-assessment is unsatisfactory, that his or her continuous learning activities are inappropriate or unsatisfactory or that the member has failed to comply with the requirements of the Program described in section 10, the Committee shall give the member notice of its determination. O. Reg. 200/98, s. 1.

(3) A notice under subsection (2) shall inform the member of his or her right to make a written submission to the Committee under subsection (4). O. Reg. 200/98, s. 1.

(4) Within 14 days of the day a member receives notice under subsection (2), the member may make a written submission to the Committee. O. Reg. 200/98, s. 1.

(5) If, after the time for making submissions under subsection (4) has expired and after considering any submission made by the member, the Committee believes that a member has not prepared the quality assurance records, that the member’s annual self-assessment is unsatisfactory, that his or her continuous learning activities are inappropriate or unsatisfactory or that the member has failed to comply with the requirements of the Program described in section 10, it may,

(a) require the member to confer with the Committee;

(b) give the member an opportunity to complete the records;

(c) require the member to complete the records or remedy any deficiency in the records;

(d) give the member an opportunity to undertake remedial activities that will correct the deficiency identified by the Committee; or

(e) require the member to participate in a specified part of the Program. O. Reg. 200/98, s. 1.

(6) If, after taking one or more of the actions described in subsection (5), the Committee believes that the member has not prepared his or her quality assurance records, that the member’s annual self-assessment is unsatisfactory, that his or her continuous learning activities are inappropriate or unsatisfactory or that the member has failed to comply with the requirements of the Program described in section 10, it may, subject to subsections (7), (8) and (9), take one or more of the actions referred to in subsection (5). O. Reg. 200/98, s. 1.

(7) Before taking any further action under subsection (6), the Committee shall,

(a) give the member notice of its decision to take further action; and

(b) inform the member of his or her right to make a written submission to the Committee under subsection (8). O. Reg. 200/98, s. 1.

(8) Within 14 days of receiving notice under clause (7) (b), a member may make a written submission to the Committee. O. Reg. 200/98, s. 1.

(9) The Committee shall not take further action under subsection (6) until the time for making a submission under subsection (8) has expired and, if a submission is received, until it has considered the submission. O. Reg. 200/98, s. 1.

Practice Assessment and Remediation

12. (1) Each year the College shall select at random the names of members required to undergo a practice assessment. O. Reg. 200/98, s. 1.

(2) The Committee may require a member to undergo a practice assessment if,

(a) the member is selected for an assessment in accordance with the Committee’s practice of random selections for assessment;

(b) the Complaints Committee, the Discipline Committee, the Fitness to Practice Committee, the Executive Committee or the Registrar requests the assessment;

(c) the Committee has reason to believe that the member’s knowledge, skills or judgment may be unsatisfactory; or

(d) the Committee believes, based on an assessment of the member’s quality assurance records under section 11, that the member has failed to comply with the requirements of the Program. O. Reg. 200/98, s. 1.

(3) The practice assessment shall include an assessment of the member’s knowledge, skills and judgment and may be conducted by an assessor or by a program designed to make such an assessment. O. Reg. 200/98, s. 1.

(4) An assessor or the person conducting the program referred to in subsection (3) may,

(a) enter and inspect the premises where the member practises;

(b) inspect the member’s records, including the member’s quality assurance records and patient records;

(c) interview the member and his or her employer or employees, colleagues or peers;

(d) observe the member in his or her practice of the profession; or

(e) ask for an oral or written response to questions relating to the member’s type of practice, including questions that require the member to solve simulated problems or to react to simulated case studies. O. Reg. 200/98, s. 1.

(5) The assessor or the person conducting the program referred to in subsection (3) shall submit a written report to the Committee. O. Reg. 200/98, s. 1.

13. (1) The Committee shall give a member notice of any of the following determinations made, based on a report submitted under subsection 12 (5):

1. A determination that a member’s knowledge, skills and judgment are unsatisfactory.

2. A determination that a member’s knowledge, skills and judgment require improvement or enhancement. O. Reg. 200/98, s. 1.

(2) A notice under subsection (1) shall inform the member of his or her right to make a written submission to the Committee under subsection (3). O. Reg. 200/98, s. 1.

(3) Within 14 days of receiving notice under subsection (1), a member may make a written submission to the Committee. O. Reg. 200/98, s. 1.

(4) If, after the time for making submissions under subsection (3) has expired and after considering any submission made by the member, the Committee believes that a member’s knowledge, skills and judgment are unsatisfactory, it may,

(a) specify to the member which aspects of his or her knowledge, skills and judgment that are unsatisfactory and give the member an opportunity to improve them;

(b) recommend that the member undertake specified remedial activities; or

(c) require the member to undertake specified remedial activities. O. Reg. 200/98, s. 1.

(5) If, after the time for making submissions under subsection (3) has expired and after considering any submission made by the member, the Committee believes that a member’s knowledge, skills and judgment require improvement or enhancement, it may,

(a) specify to the member which aspects of his or her knowledge, skills and judgment require improvement or enhancement and give the member an opportunity to improve or enhance them; or

(b) recommend that the member undertake specified remedial activities. O. Reg. 200/98, s. 1.

(6) If a member has undergone a practice assessment and the Committee has taken one of the actions described in subsection (4) or (5), the Committee may order that the member’s practice be re-assessed at such time as the Committee may specify. O. Reg. 200/98, s. 1.

(7) Section 12 and this section apply with necessary modification to a re-assessment of a member’s practice under subsection (6). O. Reg. 200/98, s. 1.

Measures Following Alleged Behaviour or Remarks of a Sexual Nature

14. Subject to section 16, the Committee may require a member to undergo a psychological assessment or another assessment specified by the Committee if a matter respecting the member is referred to the Committee by a panel of the Complaints Committee under subsection 26 (3) of the Code or by the Executive Committee, the Complaints Committee or the Board under section 79.1 of the Code. O. Reg. 200/98, s. 1.

15. Subject to section 16, the Committee may require a member to undertake a measure specified by the Committee, including education, therapy or counselling, if,

(a) the Committee has received a report of an assessment of a member required by the Committee under section 15;

(b) the report indicates that the assessment has revealed a psychological or other condition on the part of the member that may adversely affect his or her professional behaviour; and

(c) the Committee is of the opinion that the condition may benefit from remediation. O. Reg. 200/98, s. 1.

16. (1) The Committee shall not take action with respect to a member under section 14 or 15 unless,

(a) the member admits to the behaviour or remarks towards the patient which the member is alleged to have exhibited or made;

(b) the Complaints Committee, the Executive Committee or the Board referring the matter to the Committee considers the behaviour or remarks to be of a sexual nature within the meaning of clause 1 (3) (c) of the Code;

(c) there is no pending allegation of sexual abuse against the member before the Discipline Committee and no finding of sexual abuse has been made against the member by the Discipline Committee; and

(d) there is no pending review by the Board or Court of the alleged sexual abuse and no disposition by the Board or Court inconsistent with the referral to the Committee. O. Reg. 200/98, s. 1.

(2) Before taking action under section 14 or 15, the Committee shall give the member and the patient an opportunity to confer with the Committee. O. Reg. 200/98, s. 1.

(3) A member’s admission to behaviour or remarks for the purpose of clause 1 (a) of this section and the results of any assessment undergone by the member under section 14 or measure undertaken by the member under section 15 shall not be admissible in evidence in proceedings alleging that the member has committed an act of professional misconduct. O. Reg. 200/98, s. 1.