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Chiropody Act, 1991

S.O. 1991, CHAPTER 20

Consolidation Period:  From October 29, 2015 to the e-Laws currency date.

Last amendment: 2015, c. 20, Sched. 15, s. 15.

Definitions

1. In this Act,

“College” means the College of Chiropodists of Ontario; (“Ordre”)

“Health Professions Procedural Code” means the Health Professions Procedural Code set out in Schedule 2 to the Regulated Health Professions Act, 1991; (“Code des professions de la santé”)

“member” means a member of the College; (“membre”)

“profession” means the profession of chiropody; (“profession”)

“this Act” includes the Health Professions Procedural Code. (“la présente loi”)  1991, c. 20, s. 1.

Health Professions Procedural Code

2. (1) The Health Professions Procedural Code shall be deemed to be part of this Act.  1991, c. 20, s. 2 (1).

Terms in Code

(2) In the Health Professions Procedural Code as it applies in respect of this Act,

“College” means the College of Chiropodists of Ontario; (“ordre”)

“health profession Act” means this Act; (“loi sur une profession de la santé”)

“profession” means the profession of chiropody; (“profession”)

“regulations” means the regulations under this Act. (“règlements”)  1991, c. 20, s. 2 (2).

Definitions in Code

(3) Definitions in the Health Professions Procedural Code apply with necessary modifications to terms in this Act.  1991, c. 20, s. 2 (3).

Podiatrists

3. (1) There shall be a class of members called podiatrists.  1991, c. 20, s. 3 (1).

Limitation on class

(2) No person shall be added to the class of members called podiatrists after the 31st day of July, 1993.  1991, c. 20, s. 3 (2).

Scope of practice

4. The practice of chiropody is the assessment of the foot and the treatment and prevention of diseases, disorders or dysfunctions of the foot by therapeutic, orthotic or palliative means.  1991, c. 20, s. 4.

Authorized acts

5. (1) In the course of engaging in the practice of chiropody, a member is authorized, subject to the terms, conditions and limitations imposed on his or her certificate of registration, to perform the following:

1. Cutting into subcutaneous tissues of the foot.

2. Administering, by injection into feet, a substance designated in the regulations.

3. Prescribing drugs designated in the regulations.

4. Administering, by inhalation, a substance designated in the regulations.  1991, c. 20, s. 5 (1); 2009, c. 26, s. 2 (1).

Idem

(2) In the course of engaging in the practice of chiropody, a member who is a podiatrist is authorized, subject to the terms, conditions and limitations imposed on his or her certificate of registration, to perform the following:

1. Communicating a diagnosis identifying a disease or disorder of the foot as the cause of a person’s symptoms.

2. Cutting into subcutaneous tissues of the foot and bony tissues of the forefoot.

3. Administering, by injection into feet, a substance designated in the regulations.

4. Prescribing drugs designated in the regulations.

5. Administering, by inhalation, a substance designated in the regulations.  1991, c. 20, s. 5 (2); 2009, c. 26, s. 2 (2).

Additional requirements for authorized acts

(3) A member is not authorized to perform a procedure under paragraph 4 of subsection 5 (1) or paragraph 5 of subsection 5 (2) unless the member performs the procedure in accordance with the regulations.  2009, c. 26, s. 2 (3).

Additional grounds of professional misconduct

(4) In addition to the grounds set out in subsection 51 (1) of the Health Professions Procedural Code, a panel of the Discipline Committee shall find that a member has committed an act of professional misconduct if the member contravenes subsection (3).  2009, c. 26, s. 2 (3).

Board continued as College

6. The Board of Regents appointed under the Chiropody Act is continued under the name College of Chiropodists of Ontario in English and Ordre des podologues de l’Ontario in French.  1991, c. 20, s. 6.

Council

7. (1) The Council shall be composed of,

(a) at least six and no more than nine persons who are members elected in accordance with the by-laws;

(b) at least five and no more than eight persons appointed by the Lieutenant Governor in Council who are not,

(i) members,

(ii) members of a College as defined in the Regulated Health Professions Act, 1991, or

(iii) members of a Council as defined in the Regulated Health Professions Act, 1991; and

(c) one or two persons selected, in accordance with a by-law made under section 13.1, from among members who are faculty members of an educational institution in Ontario that is authorized to grant diplomas or degrees in chiropody.  1991, c. 20, s. 7 (1); 1998, c. 18, Sched. G, s. 25 (1, 2).

Who can vote in elections

(2) Subject to the by-laws, every member who practises or resides in Ontario and who is not in default of payment of the annual membership fee is entitled to vote in an election of members of the Council.  1991, c. 20, s. 7 (2); 1998, c. 18, Sched. G, s. 25 (3).

President and Vice-President

8. The Council shall have a President and Vice-President who shall be elected annually by the Council from among the Council’s members.  1991, c. 20, s. 8.

9. Repealed: 2015, c. 20, Sched. 15, s. 15.

Restricted titles

10. (1) No person other than a member shall use the titles “chiropodist” or “podiatrist”, a variation or abbreviation or an equivalent in another language.  1991, c. 20, s. 10 (1).

Representations of qualification, etc.

(2) No person other than a member shall hold himself or herself out as a person who is qualified to practise in Ontario as a chiropodist or podiatrist or in a specialty of chiropody.  1991, c. 20, s. 10 (2).

Definition

(3) In this section,

“abbreviation” includes an abbreviation of a variation.  1991, c. 20, s. 10 (3).

Notice if suggestions referred to Advisory Council

11. (1) The Registrar shall give a notice to each member if the Minister refers to the Advisory Council, as defined in the Regulated Health Professions Act, 1991, a suggested,

(a) amendment to this Act;

(b) amendment to a regulation made by the Council; or

(c) regulation to be made by the Council.  1991, c. 20, s. 11 (1).

Requirements re notice

(2) A notice mentioned in subsection (1) shall set out the suggestion referred to the Advisory Council and the notice shall be given within thirty days after the Council of the College receives the Minister’s notice of the suggestion.  1991, c. 20, s. 11 (2).

Offence

12. Every person who contravenes subsection 10 (1) or (2) is guilty of an offence and on conviction is liable to a fine of not more than $25,000 for a first offence and not more than $50,000 for a second or subsequent offence.  2007, c. 10, Sched. B, s. 2 (1).

Regulations

13. (1) Subject to the approval of the Lieutenant Governor in Council and with prior review by the Minister, the Council may make regulations,

(a) designating the substances that may be administered by injection or inhalation;

(b) regulating and governing the administration of substances by injection or inhalation by members and ancillary matters, including, without limiting the generality of the foregoing,

(i) setting requirements respecting the administration of substances,

(ii) governing the purposes for which, or the circumstances under which, substances may be administered,

(iii) setting requirements for prescribing drugs and governing the purposes for which, or the circumstances under which, drugs may be prescribed,

(iv) setting prohibitions;

(c) designating the drugs that may be prescribed by members in the course of engaging in the practice of chiropody.  2009, c. 26, s. 2 (4).

Individual or categories

(2) A regulation made under clause (1) (a) or (c) may designate individual drugs or substances or categories of drugs or substances.  2009, c. 26, s. 2 (4).

Incorporation by reference

(3) A regulation made under clause (1) (a) or (c) may adopt, by reference, in whole or in part, and with such changes as are considered necessary, one or more documents setting out a list of individual drugs or substances or a list of categories of drugs or substances that may be prescribed or administered by injection or inhalation by members.  2009, c. 26, s. 2 (4).

Rolling incorporation

(4) If a regulation provided for in subsection (3) so provides, a document adopted by reference shall be a reference to it as amended from time to time after the making of the regulation.  2009, c. 26, s. 2 (4).

Must be made by expert committee

(5) A document adopted by reference under subsection (3) may only be a document created or approved by an expert committee established under section 43.2 of the Regulated Health Professions Act, 1991 and no other body.  2009, c. 26, s. 2 (4).

Availability

(6) A document adopted by reference under subsection (3) must be named in the regulation and must be available for public inspection during normal business hours in the office of the College and must be posted on the College’s website or available through a hyperlink at the College’s website.  2009, c. 26, s. 2 (4).

By-laws

13.1 The Council may make by-laws respecting the qualifications, number, selection and terms of office of Council members who are selected.  1998, c. 18, Sched. G, s. 25 (4).

Transition

14. A person who, on the day before this Act comes into force, was registered as a chiropodist under the Chiropody Act shall be deemed to be the holder of a certificate of registration issued under this Act subject to any term, condition or limitation to which the registration was subject.  1991, c. 20, s. 14.

15., 16. Repealed:  2007, c. 10, Sched. B, s. 2 (3).

17. Omitted (provides for coming into force of provisions of this Act).  1991, c. 20, s. 17.

18. Omitted (enacts short title of this Act).  1991, c. 20, s. 18.

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