O. Reg. 161/04: GENERAL

 

ontario regulation 161/04

made under the

veterinarians Act

Made: May 14, 2004
Approved: June 9, 2004
Filed: June 10, 2004
Printed in The Ontario Gazette: June 26, 2004

Amending Reg. 1093 of R.R.O. 1990

(General)

1. Regulation 1093 of the Revised Regulations of Ontario, 1990 is amended by adding the following heading immediately before section 2:

Definitions

2. The Regulation is amended by adding the following heading immediately before section 3:

Licences

3. The Regulation is amended by adding the following section:

3.1 The following classes of licence are established:

1. Restricted licence.

2. General licence.

3. Academic licence.

4. Public service licence.

5. Short-term licence.

6. Educational licence.

7. Postgraduate and resident licence.

4. Section 5 of the Regulation is amended by adding the following subsection:

(3) An applicant whom clause 7 (b) or (c) of the Agreement on Mobility of Veterinarians within Canada dated August 9, 2001 made between the College and its equivalents in the other provinces and territories of Canada recognizes as having satisfied the academic occupational standards for licensing as a general practice licensee is exempt from the requirements set out in paragraphs 1, 3 and 4 of subsection (1) without further examination or assessment.

5. Subsection 7 (1) of the Regulation is revoked and the following substituted:

(1) The requirements for the issuing of a public service licence are that,

(a) the applicant has earned a basic degree from an accredited veterinary school or an acceptable unaccredited veterinary school;

(b) the applicant,

(i) has obtained a score higher than 1.5 standard deviations below the mean on both parts of the national board examination for veterinary medical licensing of the National Board Examination Committee of the American Veterinary Medical Association, including the clinical competency test, if the applicant took the examinations on or before November 30, 1992,

(ii) has obtained a passing mark on both parts of the national board examination  for veterinary medical licensing of the National Board Examination Committee of the American Veterinary Medical Association, including the clinical competency test, if the applicant took the examinations after November 30, 1992 but before November 30, 2000, or

(iii) has obtained a passing mark on the North American Veterinary Licensing Examination, if the applicant took the examination on or after November 30, 2000;

(c) the applicant, after complying with clause (b), has successfully completed the clinical proficiency examination of the National Examining Board of the Canadian Veterinary Medical Association administered through an accredited veterinary school, if the applicant is,

(i) a graduate of an accredited veterinary school who has failed either or both parts of the national board examination described in that clause twice or more, or

(ii) a graduate of an acceptable unaccredited veterinary school; and

(d) the applicant is employed as a veterinarian by the Crown in right of Canada.

6. The Regulation is amended by adding the following heading immediately before section 10:

Certificates of Accreditation

7. The Table to section 11 of the Regulation is amended by adding the following item:

 

4.1

Remote area companion animal mobile

Remote Mobile, Remote Mobile Services

8. Section 13 of the Regulation is amended by adding “a remote area companion animal mobile” after “a companion animal mobile”.

9. Subsection 14 (1) of the Regulation is amended by striking out “or spay-neuter clinic” and substituting “spay- neuter clinic or remote area companion animal mobile”.

10. The Regulation is amended by adding the following heading immediately before section 15:

General

11. (1) Paragraph 6 of subsection 17 (1) of the Regulation is amended by striking out the portion before subparagraph i and substituting the following:

6. Revealing information concerning a client, an animal or any professional service performed for an animal, to any person other than the client or another member treating the animal except,

. . . . .

(2) Subsection 17 (1) of the Regulation is amended by adding the following paragraph:

7.1 Recommending, referring, ordering or requisitioning laboratory tests, technical procedures or professional services that are not reasonably useful or needed.

(3) Paragraphs 21 and 22 of subsection 17 (1) of the Regulation are revoked and the following substituted:

21. Failing to dispose of an animal, whether deceased or alive, or a part of it, in accordance with the client’s instructions if those instructions are in accordance with accepted veterinary standards and practice.

22. Disposing of an animal, whether deceased or alive, or a part of it, by any means that are not in accordance with accepted veterinary standards and practice, if the client does not give instructions regarding such disposal or gives instructions that are not in accordance with accepted veterinary standards and practice.

22.1 Failing to dispose of biological, pathological or hazardous wastes in accordance with the requirements of the Environmental Protection Act or, if there are no such requirements, in accordance with accepted veterinary standards and practice.

(4) Paragraph 40 of subsection 17 (1) of the Regulation is amended by adding “except if the treatment is done in accordance with subsection 33 (1.1)” at the end.

(5) Paragraph 41 of subsection 17 (1) of the Regulation is amended by adding “except if the treatment is done in accordance with subsection 33 (1.1)” at the end.

(6) Section 17 of the Regulation is amended by adding the following subsection:

(1.1) Despite paragraph 21 of subsection (1), it is not professional misconduct for a member to dispose of a live animal that is not claimed by the client within 10 days of the completion of an in-hospital treatment and convalescence or an ancillary service as defined in Part IV by transferring the animal to an animal shelter or to a third party owner if,

(a) the client has agreed in writing to the transfer;

(b) the member has attempted to contact the client at least five times by at least two different methods, such as telephone and mail, and has documented the attempts; and

(c) the member has attempted to contact any emergency contact person identified by the client.

12. (1) The definitions of “controlled drug” and “narcotic” in subsection 23 (1) of the Regulation are revoked.

(2) Subsection 23 (1) of the Regulation is amended by adding the following definitions:

“controlled substance” means a controlled substance as defined in subsection 2 (1) of the Controlled Drugs and Substances Act (Canada);

“ketamine” means ketamine and its salts;

“targeted drug” means any substance included in the Benzodiazepines and other Targeted Substances Regulations, SOR/2000-217 made under the Controlled Drugs and Substances Act (Canada).

(3) The definitions of “drug” and “pharmacist” in subsection 23 (1) of the Regulation are revoked and the following substituted:

“drug” means any substance or preparation containing any substance,

(a) manufactured, sold or represented for use in,

(i) the diagnosis, treatment, mitigation or prevention of a disease, disorder, abnormal physical or mental state or the symptoms thereof, in humans, animals or fowl, or

(ii) restoring, correcting or modifying functions in humans, animals or fowl,

(b) referred to in Schedule C, D or E,

(c) listed in a publication named by the regulations made under the Drug and Pharmacies Regulation Act, or

(d) named in the regulations made under the Drug and Pharmacies Regulation Act,

but does not include,

(e) any substance or preparation referred to in clause (a), (b) or (c) manufactured, offered for sale or sold as, or as part of, a food, drink or cosmetic,

(f) any proprietary medicine as defined from time to time by the regulations made under the Food and Drugs Act (Canada) that does not contain any substance or preparation containing any substance referred to in Schedule C, D or E, or

(g) a substance or preparation named in Schedule A or B;

 “pharmacist” means a member of the Ontario College of Pharmacists;

(4) Subsection 23 (2) of the Regulation is revoked and the following substituted:

(2) In this Part, except for sections 29 and 30, a reference to Schedule A, B, C, D or E is a reference to such Schedule established by Ontario Regulation 297/96 made under the Drug and Pharmacies Regulation Act.

13. Clause 25 (2) (e) of the Regulation is revoked and the following substituted:

(e) in the case of a controlled substance, ketamine or a targeted drug, the signature of the member who made the purchase.

14. Section 26 of the Regulation is revoked and the following substituted:

26. If a member decides to treat an animal with a drug and either does not dispense it or is asked by the owner for a prescription, the member shall give a written prescription to the owner or offer to give an oral prescription acceptable to the owner to a pharmacist or to another veterinarian in accordance with subsection 33 (1.1).

15. Subsection 27 (4) of the Regulation is amended by striking out “Except for a drug referred to in Schedule G or N or Part I of Schedule F” at the beginning and substituting “Except for a drug marked C1, C2, C3, F1 or N in Schedule E”.

16. (1) Subsection 28 (1) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

(1) A member who dispenses a controlled substance shall keep a controlled substances register in which is entered,

. . . . .

(2) Subsections 28 (2), (3), (4) and (6) of the Regulation are revoked and the following substituted:

(2) A member shall,

(a) protect controlled substances, ketamine and targeted drugs in his or her possession from loss and theft; and

(b) report any loss or theft of controlled substances, ketamine or targeted drugs in his or her possession to,

(i) a police officer immediately, and

(ii) the Minister of Health, Canada, within 10 days of discovering the loss or theft.

(3) A member shall not permit any person, other than another member or an auxiliary acting upon the specific direction of a member, to dispense or have access to the controlled substances, ketamine or targeted drugs in the member’s possession.

(4) A member shall ensure that the controlled substances, ketamine and targeted drugs in his or her possession are kept in a locked cabinet designed and constructed to ensure the reasonable security of the drugs.

. . . . .

(6) A member shall not prescribe or dispense a controlled substance, ketamine or a targeted drug unless,

(a) the animal for which the controlled substance, ketamine or targeted drug is prescribed or dispensed is an animal under his or her professional treatment; and

(b) the controlled substance, ketamine or targeted drug is required for a condition for which the animal is receiving treatment from the member.

17. Section 29 of the Regulation is amended by adding the following subsection:

(0.1) In this section, a reference to Part I or II of Schedule D is a reference to the applicable Part of Schedule D to Regulation 551 of the Revised Regulations of Ontario, 1990 made under Part VI of the Health Disciplines Act, as that Schedule existed immediately before Ontario Regulation 179/99 made under the Drug and Pharmacies Regulation Act came into force.

18. (1) Subsection 30 (1) of the Regulation is amended by adding “established by Ontario Regulation 297/96 made under the Drug and Pharmacies Regulation Act” after “Schedule B”.

(2) Section 30 of the Regulation is amended by adding the following subsection:

(1.1) In subsections (2) and (3), a reference to Part II or III of Schedule B is a reference to the applicable Part of Schedule B to Regulation 551 of the Revised Regulations of Ontario, 1990 made under Part VI of the Health Disciplines Act, as that Schedule existed immediately before Ontario Regulation 179/99 made under the Drug and Pharmacies Regulation Act came into force.

19. (1) Section 33 of the Regulation is amended by adding the following subsection:

(1.1) Subsection (1) does not apply to a member who administers or dispenses a drug, other than a controlled substance, ketamine or a targeted drug, pursuant to an oral or written prescription from another member if,

(a) it is not reasonably possible for the client to obtain the drug from the prescribing member or a pharmacy;

(b) it is necessary in the interests of the animal to administer or dispense the drug without the delay that would be associated with returning to the prescribing member;

(c) the member makes a reasonable effort to discuss the matter with the prescribing member;

(d) the member conducts a sufficient assessment of the animal’s circumstances, which may not require a physical examination in every case, to ascertain that it is unlikely that there has been a material change in the circumstances since the prescription was given;

(e) the quantity of the drug dispensed is no more than would reasonably enable the client to return to the prescribing member for future prescriptions or quantities of the drug; and

(f) the member makes a written record of the transaction as otherwise required by this Regulation.

(2) Clauses 33 (2) (c) and (f) of the Regulation are revoked and the following substituted:

(c) send through the mail, except by a form of mail that provides proof of delivery, a controlled substance or a drug referred to in Schedule D or E;

. . . . .

(f) dispense pharmaceutical product T-61 except if it is for administration by a member or a person who is known to the member to be competent in the humane administration of euthanasia and aware of the advisability of administering sedation to the animal before administering the product and who,

(i) is an auxiliary of the member acting upon the specific direction of the member, or

(ii) is carrying out euthanasia procedures on animals, including wild animals, while,

(A) operating, or being employed by a person operating, a pound or research facility within the meaning of the Animals for Research Act,

(B) being employed by the Ontario Society for the Prevention of Cruelty to Animals or an affiliate of the Society, or

(C) acting as a wildlife custodian within the meaning of section 44 of the Fish and Wildlife Conservation Act, 1997.

20. (1) Clause 42 (3) (a) of the Regulation is revoked and the following substituted:

(a) from entering into a partnership, association or employment agreement with another member under which the drawings, interest or remuneration of the partners, associates or employees, as the case may be, is related to the amount of fees charged by them; or

(2) Section 42 of the Regulation is amended by adding the following subsections:

(4) Clause (2) (b) does not prevent a member from referring or transferring an animal or a specimen to another veterinarian who is a partner, associate, employer or employee of the member if,

(a) the animal is seen or the specimen is examined in the same facility by both veterinarians; or

(b) the member provides a written explanation to the client of the member’s relationship to the other veterinarian, if the animal is seen or the specimen is examined in a different facility.

(5) Clause (2) (b) does not prevent a member from referring or transferring an animal or a specimen to a corporation or other business entity from which the member receives a benefit, by reason only that the member or a related person has an interest in the corporation or other business entity, if,

(a) the member provides a written explanation to the client of the member’s or related person’s interest in the corporation or other business entity;

(b) the member provides written notice to the client that, if the client chooses another service provider, the client’s choice will not affect the client’s ability to obtain services from the member unless the choice would result in the care provided to the animal being unco-ordinated;

(c) in the case of laboratory testing or radiological or other technical procedures, the member provides a written explanation to the client that the member is professionally responsible for the quality of the testing or technical procedures performed for the animal; and

(d) the member provides the College, upon request, documents demonstrating that the member has complied with clauses (a), (b) and (c).

21. Clause 43 (4) (b) of the Regulation is revoked and the following substituted:

(b) an employee of a public, non-profit university or college;

22. Items 9, 10, 11, 12, 13, 14, 15 and 22 of the Schedule to the Regulation are revoked and the following substituted:

 

9.	Membership fee for short-term licence	250
10.	Membership fee for educational licence	125 for six months
11.	Membership fee for postgraduate and resident licence	675 per year
12.	Membership fee for all other licences (restricted, general, academic, public service)	675 per year
13.	Initial annual membership fee if licence is issued between April 1 and June 30	507
14.	Initial annual membership fee if licence is issued between July 1 and September 30	338
15.	Initial annual membership fee if licence is issued between October 1 and December 31	169
	. . . . .
22.	Fee for the inspection of a companion animal mobile, a remote area companion animal mobile, a food-producing animal mobile, an equine mobile or an equine emergency mobile	60 plus inspection administration fee for one mobile

Made by:

Council of the College of Veterinarians of Ontario:

Melody Mason

President

Barbara E. Leslie

Registrar

Date made: May 14, 2004.

I certify that I have approved this Regulation.

 

Steve Peters

Minister of Agriculture and Food

Date approved: May 20, 2004.