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ontario regulation 228/03

made under the

regulated health professions act, 1991

Made: May 19, 2003
Approved: May 28, 2003
Filed: May 29, 2003
Printed in The Ontario Gazette: June 14, 2003

Amending O. Reg. 107/96

(Controlled Acts)

1. Ontario Regulation 107/96 is amended by adding the following section:

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.

2. Subsection 5 (2) of the Regulation 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 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.

3. Section 7 of the Regulation is revoked and the following substituted:

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) 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 using equipment that is,

(A) 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

(B) operated by the public hospital mentioned in sub-subclause (A),

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

(A) 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;

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

(C) 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 all of the following conditions are met:

(A) 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,

(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 sub-subclause (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 sub-subclause (B),

(E) 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; and

(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.

4. Clause 7 (d) of the Regulation, as remade by section 3 of this Regulation, is revoked. 

5. (1) Subject to subsection (2), this Regulation comes into force on filing.

(2) Sections 1 and 4 come into force 387 days after filing.

Tony Clement

Minister of Health and Long-Term Care

Dated on May 19, 2003.