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ontario regulation 202/23

made under the

Fixing Long-Term Care Act, 2021

Made: July 20, 2023
Filed: July 24, 2023
Published on e-Laws: July 24, 2023
Published in The Ontario Gazette: August 12, 2023

Amending O. Reg. 246/22

(GENERAL)

1. (1) Section 1 of Ontario Regulation 246/22 is amended by adding the following definitions:

“exempted out of province health professional” means an out of province nurse, out of province physician or out of province respiratory therapist; (“professionnel de la santé exempté hors province”)

“out of province nurse” means an out of province registered nurse in the general class, out of province registered nurse in the extended class or out of province registered practical nurse; (“infirmière ou infirmier hors province”)

“out of province physician” means a person who is exempted from subsections 9 (1) and (3) of the Medicine Act, 1991 by a regulation made under that Act; (“médecin hors province”)

“out of province registered nurse in the extended class” means a person who is exempted from subsections 11 (1) and (5) of the Nursing Act, 1991 by a regulation made under that Act and who holds, in another Canadian jurisdiction, the equivalent of a certificate of registration in the extended class for registered nurses in Ontario; (“infirmière autorisée ou infirmier autorisé de la catégorie supérieure hors province”)

“out of province registered nurse in the general class” means a person who is exempted from subsections 11 (1) and (5) of the Nursing Act, 1991 by a regulation made under that Act and who holds, in another Canadian jurisdiction, the equivalent of a certificate of registration in the general class for registered nurses in Ontario; (“infirmière autorisée ou infirmier autorisé de la catégorie générale hors province”)

“out of province registered practical nurse” means a person who is exempted from subsections 11 (1) and (5) of the Nursing Act, 1991 by a regulation made under that Act and who holds, in another Canadian jurisdiction, the equivalent of a certificate of registration in the general class for registered practical nurses in Ontario; (“infirmière auxiliaire autorisée ou infirmier auxiliaire autorisé hors province”)

“out of province respiratory therapist” means a person who is exempted from subsections 9 (1) and (2) of the Respiratory Therapy Act, 1991 by a regulation made under that Act; (“thérapeute respiratoire hors province”)

(2) The definition of “prescriber” in section 1 of the Regulation is revoked and the following substituted:

“prescriber” means a person who is authorized under the laws of a province or territory of Canada to give a prescription within the scope of their practice of a health discipline; (“prescripteur”)

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

Out of province physicians and nurses

9.1 (1) For the purposes of the Act and this Regulation, a “physician” includes an out of province physician.

(2) For the purposes of the Act and this Regulation, a “registered nurse” includes an out of province registered nurse in the general class.

(3) For the purposes of the Act and this Regulation, a “registered nurse in the extended class” includes an out of province registered nurse in the extended class.

(4) For the purposes of the Act and this Regulation, a “registered practical nurse” includes an out of province registered practical nurse.

3. Subparagraph 3 iii of subsection 49 (1) of the Regulation is revoked and the following substituted:

iii.  a member of a regulated health profession, or an out of province nurse or out of province physician, who is a staff member of the home and who has a set of skills that, in the reasonable opinion of the licensee, would allow them to provide care to a resident, may be used if the Director of Nursing and Personal Care or a registered nurse is available for consultation.

4. Section 51 of the Regulation is amended by adding “or, in the case of an out of province nurse, a current certificate of registration with the governing body of their health profession” at the end.

5. Clause 52 (3) (a) (ii) of the Regulation is amended by adding “or, in the case of an out of province nurse, a current certificate of registration with the governing body of their health profession” at the end.

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

Application of duty

112.1 Exempted out of province health professionals are prescribed for the purposes of paragraph 3 of subsection 28 (4) of the Act.

7. Subclause 230 (3) (c) (ii) of the Regulation is revoked and the following substituted:

(ii)  ongoing technology-based care that requires the support of a member of a college as defined under the Regulated Health Professions Act, 1991 or of an exempted out of province health professional;

8. The definition of “primary health care provider” in subsection 240.1 (11) of the Regulation is amended by adding the following clause:

(a.1)  an out of province registered nurse in the extended class or an out of province physician;

9. Subsection 278 (1) of the Regulation is amended by adding the following paragraph:

2.1  In the case of an exempted out of province health professional, verification that the professional meets all of the criteria for being exempted from subsections 9 (1) and (3) of the Medicine Act, 1991, subsections 11 (1) and (5) of the Nursing Act, 1991 or subsections 9 (1) and (2) of the Respiratory Therapy Act, 1991, as applicable.

Commencement

10. This Regulation comes into force on the later of the day subsection 2 (6) of Schedule 2 to the Your Health Act, 2023 comes into force and the day this Regulation is filed.

 

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