O. Reg. 306/02: CONTROLLED ACTS

 

ontario regulation 306/02

made under the

regulated health
professions Act, 1991

Made: September 19, 2002
Approved: September 26, 2002
Filed: November 6, 2002
Printed in The Ontario Gazette: November 23, 2002

Amending O. Reg. 107/96

(Controlled Acts)

1. Subsection 5 (2) of Ontario Regulation 107/96 is revoked and the following substituted:

(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 in a hospital approved under the Public Hospitals Act;

(b) the electromagnetism is applied for magnetic resonance imaging and is used to support, assist and be a necessary adjunct, or any of them, to magnetic resonance imaging services and all of the following conditions are met:

(i) the magnetic resonance imaging services are insured physician services for the purposes of the Health Insurance Act and are provided to persons who are insured persons within the meaning of the Health Insurance Act,

(ii) 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 is used to support, assist and be a necessary adjunct, or any of them, to magnetic resonance imaging services and all of the following conditions are met:

(i) the magnetic resonance imaging services are not insured physician services for the purposes of the Health Insurance Act, or are provided to persons who are not insured persons within the meaning of the Health Insurance 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 has entered into an agreement with the Minister concerning the provision of magnetic resonance imaging.

2. Clause 7 (c) of the Regulation is revoked and the following substituted:

(c) applying electromagnetism if the application is ordered by a member of the College of Physicians and Surgeons of Ontario and,

(i) the electromagnetism is applied for magnetic resonance imaging in a hospital approved under the Public Hospitals Act,

(ii) the electromagnetism is applied for magnetic resonance imaging and is used to support, assist and be a necessary adjunct, or any of them, to magnetic resonance imaging services and all of the following conditions are met:

(A)  the magnetic resonance imaging services are insured physician services for the purposes of the Health Insurance Act and are provided to persons who are insured persons within the meaning of the Health Insurance Act,

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

(iii) the electromagnetism is applied for magnetic resonance imaging and is used to support, assist and be a necessary adjunct, or any of them, to magnetic resonance imaging services and all of the following conditions are met:

(A) the magnetic resonance imaging services are not insured physician services for the purposes of the Health Insurance Act, or are provided to persons who are not insured persons within the meaning of the Health Insurance Act, or both,

(B) 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,

(C) 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 subsubclause (B),

(D) 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 subsubclause (B),

(E) the operator of the facility in which the electromagnetism is applied has entered into an agreement with the Minister concerning the provision of magnetic resonance imaging; and

Tony Clement

Minister of Health and Long-Term Care

Dated on September 19, 2002.

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