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O. Reg. 107/96: CONTROLLED ACTS

under Regulated Health Professions Act, 1991, S.O. 1991, c. 18

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Versions

Regulated Health Professions Act, 1991
Loi de 1991 sur les professions de la santé réglementées

ONTARIO REGULATION 107/96

Amended to O. Reg. 228/03

CONTROLLED ACTS

Historical version for the period June 18, 2004 to September 28, 2004.

This Regulation is made in English only.

Forms of Energy

1. The following forms of energy are prescribed for the purpose of paragraph 7 of subsection 27 (2) of the Act:

1. Electricity for,

i. aversive conditioning,

ii. cardiac pacemaker therapy,

iii. cardioversion,

iv. defibrillation,

v. electrocoagulation,

vi. electroconvulsive shock therapy,

vii. electromyography,

viii. fulguration,

ix. nerve conduction studies, or

x. transcutaneous cardiac pacing.

2. Electromagnetism for magnetic resonance imaging.

3. Soundwaves for,

i. diagnostic ultrasound, or

ii. lithotripsy. O. Reg. 107/96, s. 1.

Exemptions

2. A member of the College of Chiropodists of Ontario is exempt from subsection 27 (1) of the Act for the purpose of applying electricity for electrocoagulation or fulguration. O. Reg. 107/96, s. 2.

3. (1) A member of the Royal College of Dental Surgeons of Ontario is exempt from subsection 27 (1) of the Act for the purpose of applying electricity for defibrillation or electrocoagulation. O. Reg. 107/96, s. 3 (1).

3.1 A member of the College of Medical Radiation Technologists is exempt from subsection 27 (1) of the Act for the purpose of applying electromagnetism if the application is ordered by a member of the College of Physicians and Surgeons of Ontario and,

(a) the electromagnetism is applied for magnetic resonance imaging using equipment that is,

(i) installed in a site of a public hospital where the public hospital is approved as a public hospital under the Public Hospitals Act and the site of the public hospital is graded under that Act as a Group N site of a hospital, and

(ii) operated by the public hospital mentioned in subclause (i);

(b) the electromagnetism is applied for magnetic resonance imaging and all of the following conditions are met:

(i) the electromagnetism is used to support, assist and be a necessary adjunct, or any of them, to an insured service within the meaning of Health Insurance Act;

(ii) the magnetic resonance imaging is provided to persons who are insured persons within the meaning of the Health Insurance Act,

(iii) the electromagnetism is applied in an independent health facility licensed under the Independent Health Facilities Act in respect of magnetic resonance imaging; or

(c) the electromagnetism is applied for magnetic resonance imaging and all of the following conditions are met:

(i) the electromagnetism is not used to support, assist and be a necessary adjunct, or any of them, to an insured service within the meaning of Health Insurance Act, or the magnetic resonance imaging is not provided to persons who are insured persons within the meaning of that Act, or both,

(ii) the electromagnetism is applied in a facility that is operated by an operator that holds a licence under the Independent Health Facilities Act in respect of magnetic resonance imaging,

(iii) the electromagnetism is applied in a facility that is operated on the same premises as the independent health facility licensed under the Independent Health Facilities Act in respect of magnetic resonance imaging that is operated by the operator mentioned in subclause (ii),

(iv) the electromagnetism is applied using the same equipment that is used to provide magnetic resonance imaging in the independent health facility licensed under the Independent Health Facilities Act in respect of magnetic resonance imaging that is operated by the operator mentioned in subclause (ii),

(v) the operator of the facility in which the electromagnetism is applied is a party to a valid and subsisting agreement with the Minister concerning the provision of magnetic resonance imaging. O. Reg. 228/03, s. 1.

(2) A member of the Royal College of Dental Surgeons of Ontario is exempt from subsection 27 (1) of the Act for the purpose of applying electricity for electromyography or nerve conduction studies, in the course of conducting research. O. Reg. 107/96, s. 3 (2).

4. A member of the College of Midwives of Ontario is exempt from subsection 27 (1) of the Act for the purpose of ordering the application of soundwaves for pregnancy diagnostic ultrasound or pelvic diagnostic ultrasound. O. Reg. 107/96, s. 4.

5. (1) A member of the College of Physicians and Surgeons of Ontario is exempt from subsection 27 (1) of the Act for the purpose of applying, or ordering the application of, electricity for a procedure listed in paragraph 1 of section 1 or soundwaves for a procedure listed in paragraph 3 of section 1. O. Reg. 107/96, s. 5 (1).

(2) A member of the College of Physicians and Surgeons of Ontario is exempt from subsection 27 (1) of the Act for the purpose of applying or ordering the application of electromagnetism if,

(a) the electromagnetism is applied for magnetic resonance imaging using equipment that is,

(i) installed in a site of a public hospital where the public hospital is approved as a public hospital under the Public Hospitals Act and the site of the public hospital is graded under that Act as a Group N site of a hospital, and

(ii) operated by the public hospital mentioned in subclause (i);

(b) the electromagnetism is applied for magnetic resonance imaging and all of the following conditions are met:

(i) the electromagnetism is used to support, assist and be a necessary adjunct, or any of them, to an insured service within the meaning of Health Insurance Act;

(ii) the magnetic resonance imaging is provided to persons who are insured persons within the meaning of the Health Insurance Act,

(iii) the electromagnetism is applied in an independent health facility licensed under the Independent Health Facilities Act in respect of magnetic resonance imaging; or

(c) the electromagnetism is applied for magnetic resonance imaging and all of the following conditions are met:

(i) the electromagnetism is not used to support, assist and be a necessary adjunct, or any of them, to an insured service within the meaning of Health Insurance Act, or the magnetic resonance imaging is not provided to persons who are insured persons within the meaning of that Act, or both,

(ii) the electromagnetism is applied in a facility that is operated by an operator that holds a licence under the Independent Health Facilities Act in respect of magnetic resonance imaging,

(iii) the electromagnetism is applied in a facility that is operated on the same premises as the independent health facility licensed under the Independent Health Facilities Act in respect of magnetic resonance imaging that is operated by the operator mentioned in subclause (ii),

(iv) the electromagnetism is applied using the same equipment that is used to provide magnetic resonance imaging in the independent health facility licensed under the Independent Health Facilities Act in respect of magnetic resonance imaging that is operated by the operator mentioned in subclause (ii),

(v) the operator of the facility in which the electromagnetism is applied is a party to a valid and subsisting agreement with the Minister concerning the provision of magnetic resonance imaging. O. Reg. 228/03, s. 2.

6. A member of the College of Psychologists of Ontario is exempt from subsection 27 (1) of the Act for the purpose of applying, or ordering the application of, electricity for aversive conditioning. O. Reg. 107/96, s. 6.

7. A person is exempt from subsection 27 (1) of the Act for the purpose of,

(a) applying soundwaves for pregnancy diagnostic ultrasound or pelvic diagnostic ultrasound if the application is ordered by a member of the College of Midwives of Ontario;

(b) applying soundwaves for diagnostic ultrasound of the abdomen, pelvis and breast if the application is ordered by a member of the College of Nurses of Ontario who is a registered nurse in the extended class;

(c) applying soundwaves for diagnostic ultrasound if the application is ordered by a member of the College of Physicians and Surgeons of Ontario.

(d) Revoked: O. Reg. 228/03, s. 4.

(e) applying electricity for aversive conditioning if the application is ordered and directed by a member of the College of Physicians and Surgeons of Ontario or by a member of the College of Psychologists of Ontario. O. Reg. 228/03, ss. 3, 4.

8. The following activities are exempt from subsection 27 (1) of the Act:

1. Acupuncture.

2. Ear or body piercing for the purpose of accommodating a piece of jewellery.

3. Electrolysis.

4. Tattooing for cosmetic purposes. O. Reg. 107/96, s. 8.

9. Male circumcision is an activity that is exempt from subsection 27 (1) of the Act if the circumcision is performed as part of a religious tradition or ceremony. O. Reg. 107/96, s. 9.

10. A naturopath is exempt from subsection 27 (1) of the Act for the purpose of carrying on, in accordance with the Drugless Practitioners Act and the regulations under that Act, activities that are within the scope of the practice of naturopathy. O. Reg. 107/96, s. 10.

11. The taking of a blood sample from a vein or by skin pricking is an activity that is exempt from subsection 27 (1) of the Act if the person taking the blood sample is employed by a laboratory or specimen collection centre licensed under the Laboratory and Specimen Collection Centre Licensing Act. O. Reg. 107/96, s. 11.

12. (1) A medical geneticist who holds a doctorate is exempt from subsection 27 (1) of the Act for the purpose of communicating to an individual or his or her personal representative a diagnosis identifying a genetic disease or genetic disorder as the cause of the symptoms of the individual in circumstances in which it is reasonably foreseeable that the individual or his or her personal representative will rely on the diagnosis, if,

(a) the disease or disorder identified is within the geneticist’s area of expertise; and

(b) the geneticist is employed by a university or a health care facility and the communication of the diagnosis is performed in accordance with the university’s or facility’s guidelines or protocols. O. Reg. 107/96, s. 12 (1).

(2) In this section,

“health care facility” means a facility governed by or funded under an Act set out in the Schedule. O. Reg. 107/96, s. 12 (2).

13. A member of the College of Nurses of Ontario who holds a general certificate of registration as a registered nurse is exempt from subsection 27 (1) of the Act for the purpose of prescribing a solution of normal saline (0.9 per cent) for venipuncture performed to establish peripheral intravenous access and maintain patency. O. Reg. 107/96, s. 13.

SCHEDULE

1. Alcoholism and Drug Addiction Research Foundation Act.

2. Cancer Act.

3. Charitable Institutions Act.

4. Child and Family Services Act.

5. Community Psychiatric Hospitals Act.

6. Developmental Services Act.

7. General Welfare Assistance Act.

8. Homes for Retarded Persons Act.

9. Homes for Special Care Act.

10. Homes for the Aged and Rest Homes Act.

11. Independent Health Facilities Act.

12. Mental Health Act.

13. Mental Hospitals Act.

14. Ministry of Community and Social Services Act.

15. Ministry of Correctional Services Act.

16. Ministry of Health Act.

17. Nursing Homes Act.

18. Ontario Mental Health Foundation Act.

19. Private Hospitals Act.

20. Public Hospitals Act.

O. Reg. 107/96, Sched.