O. Reg. 224/03: REGISTRATION

 

ontario regulation 224/03

made under the

optometry act, 1991

Made: March 14, 2003
Approved: May 28, 2003
Filed: May 29, 2003
Printed in The Ontario Gazette: June 14, 2003

Amending O. Reg. 837/93

(Registration)

1. (1) Paragraph 5 of subsection 2 (1) of Ontario Regulation 837/93 is revoked and the following substituted:

5. The applicant must not have been found guilty in relation to a criminal offence in any jurisdiction.  For the purposes of this paragraph, a “criminal offence” includes, without being limited to, an offence under the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada) and the Food and Drugs Act (Canada).

(2) Paragraph 7 of subsection 2 (1) of the Regulation is revoked and the following substituted:

7. The applicant must meet the criteria set out in one of the following subparagraphs:

i. successful completion, not more than three years before applying for registration, of the standards assessment examinations set or approved by the College,

ii. successful completion, more than three years before applying for registration, of the standards assessment examinations set or approved by the College and proof, satisfactory to the Registration Committee,

A. of having provided at least 750 hours of direct optometric care to patients during the 36-month period immediately prior to applying for a general certificate of registration from the College, and of being competent to practise in accordance with the standards of practice on the basis of an assessment by the Quality Assurance Committee of any records that the applicant would have been required to maintain pursuant to the regulations, if the applicant had been a member of the College, or

B. of being competent to practise in accordance with the standards of practice on the basis of an evaluation of the applicant’s knowledge, skills and judgment by the Quality Assurance Committee,

iii. being currently licensed or registered to practise optometry in another province or territory of Canada with a licence or certificate of registration initially issued on or before July 1, 2001 that is considered by the Registration Committee to be the equivalent of a current general certificate of registration issued by the College, and submitting proof, satisfactory to the Registration Committee,

A. that he or she has provided at least 750 hours of direct optometric care to patients in Canada during the 36-month period immediately prior to applying for a general certificate of registration from the College,

B. that he or she is competent to practise in accordance with the standards of practice on the basis of an assessment by the Quality Assurance Committee of any records that the applicant would have been required to maintain pursuant to the regulations if the applicant had been a member of the College, or

C. that he or she is competent to practise in accordance with the standards of practice on the basis of an evaluation of the applicant’s knowledge, skills and judgment by the Quality Assurance Committee,

iv. being currently licensed or registered to practise optometry in another province or territory of Canada with a licence or certificate of registration initially issued after July 1, 2001 that is considered by the Registration Committee to be the equivalent of a current general certificate of registration issued by the College, and,

A. successful completion, not more than three years before applying for a general certificate of registration from the College, of the standards assessment examinations set or approved by the College,

B. successful completion, more than three years before applying for a general certificate of registration from the College, of the standards assessment examinations set or approved by the College, and of having provided at least 750 hours of direct optometric care to patients in Canada during the 36-month period immediately prior to applying for a general certificate of registration from the College, as established by proof satisfactory to the Registration Committee,

C. successful completion, more than three years before applying for a general certificate of registration from the College, of the standards assessment examinations set or approved by the College, and that he or she is competent to practise in accordance with the standards of practice on the basis of an assessment by the Quality Assurance Committee of any records that the applicant would have been required to maintain pursuant to the regulations if the applicant had been a member of the College, as established by proof satisfactory to the Registration Committee, or

D. successful completion, more than three years before applying for a general certificate of registration from the College, of the standards assessment examinations set or approved by the College that he or she is competent to practise in accordance with the standards of practice on the basis of an evaluation of the applicant’s knowledge, skills and judgment by the Quality Assurance Committee, as established by proof satisfactory to the Registration Committee.

(3) Paragraphs 7.2 and 7.3 of subsection 2 (1) of the Regulation are revoked and the following substituted:

7.2 If the applicant is required to undergo an assessment or an evaluation by the Quality Assurance Committee pursuant to paragraph 7, the applicant must pay in advance the required fee set out in the by-laws of the College.

(4) Section 2 of the Regulation is amended by adding the following subsection:

(1.1) An applicant who meets the requirements of subparagraph 7 iii of subsection (1) shall be deemed to meet the requirements of paragraph 2 of subsection (1).

(5) Subsections 2 (3) and (4) of the Regulation are revoked and the following substituted:

(3) Where an assessment or evaluation is performed by the Quality Assurance Committee pursuant to paragraph 7 of subsection (1), the Quality Assurance Committee shall provide a report to the Registrar, who shall provide a copy of it to the applicant.

2. Section 3 of the Regulation is revoked and the following substituted:

3. It is a condition of a general certificate of registration that the member shall provide the College with details of either of the following that relate to the member and that occur or arise after the member is registered:

1. Where the member is or has been registered or licensed to practise optometry in another jurisdiction, a finding of professional misconduct, incompetence or incapacity or any like finding against the member.

2. A finding of guilt in relation to a criminal offence in any jurisdiction.  For the purposes of this paragraph, a “criminal offence” includes, without being limited to, an offence under the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada) and the Food and Drugs Act (Canada).

3. Subsection 5 (1) of the Regulation is revoked and the following substituted:

(1) The requirements and qualifications for issuing an academic certificate of registration are:

1. The applicant must have completed an application for an academic certificate of registration.

2. The applicant must hold an appointment as a professor, lecturer, resident, supervising clinician or graduate student at the School of Optometry of the University of Waterloo, or another university or optometric educational facility in Ontario approved by the Council.

3. The applicant must have one of the following academic qualifications:

i. successful completion of a course in optometry at a university, if the course, at the time the applicant commenced it, was accredited by the Accreditation Council on Optometric Education or another accrediting body approved by the Council, together with the award of a degree of doctor of optometry from that university,

ii. successful completion of a course in optometry at a university in the United Kingdom, together with the award of a degree from that university, and current or past membership in the British College of Optometrists,

iii. successful completion of a course outside of Ontario, other than one mentioned in subparagraphs i or ii that the Registration Committee, having considered the rest of the applicant’s qualifications, determines is acceptable.

4. The applicant must be able to speak and write in either English or French with reasonable fluency.

5. Where the applicant has previously been registered or licensed as an optometrist in any jurisdiction, or has previously practised optometry, there must not be any finding of, or current proceeding involving an allegation of, professional misconduct, incompetence, incapacity or any like finding or proceeding against the applicant.

6. The applicant must not have been found guilty in relation to a criminal offence in any jurisdiction.  For the purposes of this paragraph, a “criminal offence” includes, without being limited to, an offence under the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada) and the Food and Drugs Act (Canada).

7. The applicant must have Canadian citizenship, permanent residency or authorization under the Immigration Act (Canada) permitting the applicant to engage in the practice of optometry authorized by the academic certificate.

8. The applicant must successfully complete the jurisprudence examination set or approved by the College at the time of the application.

9. The applicant must pay the applicable fees.

4. Sections 6, 6.1, 7, 8 and 10 of the Regulation are revoked and the following substituted:

6. An academic certificate of registration is subject to the following terms, conditions and limitations:

1. The certificate is automatically revoked if,

i. the member ceases to hold an appointment mentioned in paragraph 2 of subsection 5 (1), or

ii. the member ceases to be a Canadian citizen or permanent resident of Canada or to have authorization under the Immigration Act (Canada) permitting the member to engage in the practice of optometry as authorized by the academic certificate.

2. The member may engage in the practice of optometry only at the School of Optometry of the University of Waterloo or at another university or optometric educational facility in Ontario approved by the Council, or a facility formally associated with the School of Optometry, university or optometric educational facility, as the case may be.

3. The member must provide the College with details of either of the following that relate to the member and that occur or arise after the member is registered:

i. where the member is or has previously been registered or licensed as an optometrist in another jurisdiction, a finding of professional misconduct, incompetence, incapacity or any like finding or proceeding against the member, or

ii. a finding of guilt in any jurisdiction for an offence mentioned in paragraph 6 of subsection 5 (1).

7. (1) Subject to subsections (2) and (3), it is a condition of a certificate of registration of any class that the member,

(a) provide at least 750 hours of direct optometric care to patients in Canada in every three-year period following the year in which the member is first registered; and

(b) provide an annual report to the Registrar, at a time set by the Registrar, detailing the member’s participation in the mandatory continuing education program of the quality assurance program.

(2) Subject to subsection (3), the Registration Committee may exempt a member holding a certificate of registration of any class who holds an appointment at the School of Optometry of the University of Waterloo or other optometric educational facility in Ontario approved by the Council from the requirement in clause (1) (a) if the member makes a written request to the Registration Committee and satisfies the Registration Committee that the member’s academic duties prevented the member from meeting the requirement.

(3) The Registrar shall refer a member to the Quality Assurance Committee for a practice assessment under the College’s quality assurance program,

(a) if a member has failed to meet any of the conditions of a certificate of registration set out in subsection (1) or to meet the published minimum requirements of the mandatory continuing education program of the quality assurance program; or

(b) if the member was granted an exemption under subsection (2) for the three-year period immediately preceding the member’s ceasing to hold the appointment mentioned in subsection (2), unless the member can establish to the satisfaction of the Registrar that he or she did provide at least 750 hours of direct optometric care to patients in Canada during that period.

(4) A member who obtains an exemption pursuant to subsection (2) shall immediately advise the Registrar in writing if the member ceases to hold the appointment mentioned in that subsection.

8. A member who held an academic certificate of registration on April 26, 1999, shall be issued a general certificate of registration if the following requirements are met:

1. The member files an application for the certificate with the College on or before December 31, 2003.

2. The member satisfies the Registration Committee that on the date of filing the application, the member has held the academic certificate of registration for five or more consecutive years and had provided at least 100 hours of direct optometric care to patients in Canada during each of those years.

3. The member satisfies the Registration Committee that on the date of filing the application the member is a Canadian citizen or permanent resident or is authorized under the Immigration Act (Canada) to engage in the practice of optometry.

4. The member pays the applicable fees.

9. (1) All qualifications or requirements for the issuing of a general certificate of registration are non-exemptible, other than requirements listed in paragraph 3, 4 or 5 of subsection 2 (1).

(2) All qualifications or requirements for the issuing of an academic certificate of registration are non-exemptible, other than requirements listed in paragraph 4, 5 or 6 of subsection 5 (1).

Council of the College of Optometrists of Ontario:

A. Paul Chris

President

M.J. Turnour

Registrar

Dated on March 14, 2003.