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Dental Technology Act, 1991
Loi de 1991 sur les technologues dentaires

ONTARIO REGULATION 604/98

GENERAL

Consolidation Period: From January 25, 2013 to the e-Laws currency date.

Last amendment: O. Reg. 35/13.

This Regulation is made in English only.

PART I
QUALITY ASSURANCE

General

1. In this Part,

“Committee” means the Quality Assurance Committee required by subsection 10 (1) of the Health Professions Procedural Code and includes a panel of that Committee;

“program” means the quality assurance program required by section 80 of the Health Professions Procedural Code. O. Reg. 35/13, s. 1.

2. (1) The program shall include 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 program. O. Reg. 35/13, s. 1.

(2) The Committee shall administer the program. O. Reg. 35/13, s. 1.

(3) The Chair of the Committee shall select members of the Committee to form a panel. O. Reg. 35/13, s. 1.

3. (1) Subject to subsection (2), each member shall comply with the requirements of the program. O. Reg. 35/13, s. 1.

(2) This Part does not apply to members who hold an inactive certificate of registration. O. Reg. 35/13, s. 1.

Self-Assessment, Continuing Education and Professional Development

4. Using the self-assessment tool approved by the Committee, a member shall conduct an annual self-assessment of the member’s knowledge, skills and judgment based on the College’s standards of practice and code of ethics. O. Reg. 35/13, s. 1.

5. (1) Subject to subsection (2), beginning on September 1 following the date on which a member obtains a general certificate of registration, the member shall obtain at least 90 continuing quality improvement credits in every three-year period. O. Reg. 35/13, s. 1.

(2) If a member obtains a general certificate of registration before May 1 in a given year after having ceased to hold that class of certificate for any reason, the member shall, beginning on September 1 before the date on which the member obtains the general certificate of registration, obtain at least 90 continuing quality improvement credits in every three-year period. O. Reg. 35/13, s. 1.

(3) The College shall publish and distribute to members a list indicating,

(a) the types of continuing education and professional development activities to which the Committee will assign continuing quality improvement credits; and

(b) the number of credits the Committee will assign to each type of activity. O. Reg. 35/13, s. 1.

(4) Using the professional development record form approved by the Committee, a member shall maintain a record of the continuing education and professional development activities the member completes and shall include in the record a description of each activity listed. O. Reg. 35/13, s. 1.

(5) Upon receiving a request from the Committee, a member shall submit his or her record to the Committee for review. O. Reg. 35/13, s. 1.

(6) After reviewing a member’s record, the Committee shall assign a number of continuing quality improvement credits to each activity based on the relevance and utility of the activity to the practice of the profession. O. Reg. 35/13, s. 1.

6. (1) A member shall develop and maintain a professional development profile in the form and manner specified by the Council. O. Reg. 35/13, s. 1.

(2) A professional development profile shall include,

(a) the member’s full name and registration number;

(b) the member’s residence and business mailing addresses, telephone numbers and, if available, email addresses and fax numbers;

(c) the member’s annual self-assessment required by section 4;

(d) a statement of the member’s continuing education and professional development goals for the upcoming year and an explanation of how those goals relate to the member’s practice and to the College’s quality assurance goals;

(e) the record required under subsection 5 (4); and

(f) the date and the results of each review of the member’s professional development profile conducted by the Committee. O. Reg. 35/13, s. 1.

(3) A member shall retain his or her professional development profile and any evidence of having completed a continuing education or professional development activity described in the profile for at least six years from the date of the most recent activity described in the profile. O. Reg. 35/13, s. 1.

7. (1) A member shall provide to the Committee, by August 31 of the third year of the three-year period mentioned in subsection 5 (1) or (2), whichever applies, a declaration signed by the member attesting to the fact that the member has complied with subsection 5 (1) or (2). O. Reg. 35/13, s. 1.

(2) If a member does not provide a declaration in accordance with subsection (1), the Registrar shall refer the member to the Committee and shall notify the member of the referral and of the member’s right to make written submissions to the Committee within 15 days of receiving the notice. O. Reg. 35/13, s. 1.

8. (1) Each year, the Committee shall select at random at least two and not more than five per cent of the members to undergo a review of their professional development profiles. O. Reg. 35/13, s. 1.

(2) The Committee shall review a member’s professional development profile if,

(a) the member is selected under subsection (1); or

(b) the Registrar refers the member to the Committee under subsection 7 (2). O. Reg. 35/13, s. 1.

(3) The Committee shall give notice to a member selected under subsection (1) or referred under subsection 7 (2) and shall inform the member of his or her right to make written submissions to the Committee within 15 days of receiving the notice. O. Reg. 35/13, s. 1.

(4) A member who receives notice shall give his or her professional development profile to the Committee within 15 days after receiving the notice. O. Reg. 35/13, s. 1.

(5) A member who receives notice may make written submissions to the Committee at the same time that the member gives his or her professional development profile to the Committee. O. Reg. 35/13, s. 1.

(6) The Committee shall review a member’s professional development profile,

(a) to ascertain whether the member has complied with subsection 5 (1) or (2) and section 6; and

(b) in accordance with any criteria stipulated by the Council. O. Reg. 35/13, s. 1.

(7) After reviewing a member’s professional development profile and considering any written submissions made by the member, the Committee may,

(a) grant the member an extension for a specified period of time to correct a deficiency in the profile or in the number of continuing quality improvement credits obtained by the member;

(b) under extenuating circumstances, such as extended leaves of absence for illness or maternity leave, grant the member an exemption from the requirement to obtain some or all continuing quality improvement credits;

(c) subject to subsection (8), refer the member for a peer and practice assessment; or

(d) direct that no further action is required. O. Reg. 35/13, s. 1.

(8) The Committee shall not refer the member for a peer and practice assessment under clause (7) (c) unless the Committee,

(a) gives the member written notice of its intention to make the referral;

(b) gives the member 15 days to make a written request, supported by reasons, to the Committee that the Committee reconsider the referral; and

(c) considers the request and reasons of the member. O. Reg. 35/13, s. 1.

Peer and Practice Assessments

9. (1) Each year, the Committee shall select at random at least two and not more than five per cent of the members to undergo a peer and practice assessment. O. Reg. 35/13, s. 1.

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

(a) the member is selected at random under subsection (1); or

(b) the member is referred under clause 8 (7) (c). O. Reg. 35/13, s. 1.

(3) The Committee shall appoint an assessor under section 81 of the Health Professions Procedural Code to conduct a peer and practice assessment. O. Reg. 35/13, s. 1.

(4) The Committee shall give written notice to a member who is selected to undergo or referred for a peer and practice assessment. O. Reg. 35/13, s. 1.

(5) An assessor shall, within 14 days of completing a peer and practice assessment, submit a written report of the assessment to the Committee and provide a copy of the report to the member. O. Reg. 35/13, s. 1.

(6) The member may make written submissions to the Committee within 15 days of receiving the assessor’s report. O. Reg. 35/13, s. 1.

(7) If the assessor is of the opinion that the member has failed to meet the College’s standards of practice, the assessor shall include in his or her report recommendations for remedial action to be taken by the member and the time within which such action shall be taken. O. Reg. 35/13, s. 1.

(8) If, after considering the assessor’s report and any written submissions made by the member, the Committee is of the opinion that the member’s knowledge, skills or judgment are not satisfactory, the Committee may take action under subsection 80.2 (1) of the Health Professions Procedural Code. O. Reg. 35/13, s. 1.

(9) If the Committee decides to take action under subsection 80.2 (1) of the Health Professions Procedural Code, the Committee may, at the time it communicates its decision to do so to the member or at any time thereafter, require the member to undergo a reassessment to determine whether the member’s knowledge, skills and judgment are satisfactory. O. Reg. 35/13, s. 1.

(10) Subsections (3) through (8) apply with necessary modifications to a reassessment. O. Reg. 35/13, s. 1.

(11) A member shall not be required to undergo more than one reassessment. O. Reg. 35/13, s. 1.

10. Revoked: O. Reg. 35/13, s. 1.

PART II
ADVERTISING

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

(d) a testimonial by a client, patient or former client or patient or by a friend or relative of a client, patient or former client or patient. O. Reg. 604/98, s. 11 (1).

(2) An advertisement must be readily comprehensible to the persons to whom it is directed. O. Reg. 604/98, s. 11 (2).

PART III
NOTICE OF MEETINGS AND HEARINGS

12. (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. 18/09, 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. 18/09, s. 1.

(3) The notice must be published in English and, upon request, in French. O. Reg. 18/09, 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. 18/09, 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. 18/09, s. 1.

(6) No meeting or hearing is invalid simply because a person has not complied with a requirement of this Part. O. Reg. 18/09, s. 1.