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Midwifery Act, 1991

S.O. 1991, CHAPTER 31

Historical version for the period June 4, 2007 to December 14, 2009.

Last amendment: 2007, c. 10, Sched. B, s. 13.

Definitions

1. In this Act,

“College” means the College of Midwives 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 midwifery; (“profession”)

“this Act” includes the Health Professions Procedural Code. (“la présente loi”) 1991, c. 31, s. 1.

Health Professions Procedural Code

2. (1) The Health Professions Procedural Code shall be deemed to be part of this Act. 1991, c. 31, 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 Midwives of Ontario; (“ordre”)

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

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

“regulations” means the regulations under this Act. (“règlements”) 1991, c. 31, 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. 31, s. 2 (3).

Scope of practice

3. The practice of midwifery is the assessment and monitoring of women during pregnancy, labour and the post-partum period and of their newborn babies, the provision of care during normal pregnancy, labour and post-partum period and the conducting of spontaneous normal vaginal deliveries. 1991, c. 31, s. 3.

Authorized acts

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

1. Managing labour and conducting spontaneous normal vaginal deliveries.

2. Performing episiotomies and amniotomies and repairing episiotomies and lacerations, not involving the anus, anal sphincter, rectum, urethra and periurethral area.

3. Administering, by injection or inhalation, a substance designated in the regulations.

4. Putting an instrument, hand or finger beyond the labia majora during pregnancy, labour and the post-partum period.

5. Taking blood samples from newborns by skin pricking or from women from veins or by skin pricking.

6. Inserting urinary catheters into women.

7. Prescribing drugs designated in the regulations. 1991,c. 31, s. 4.

College established

5. The College is established under the name College of Midwives of Ontario in English and Ordre des sages-femmes de l’Ontario in French. 1991, c. 31, s. 5.

Council

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

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

(b) at least five and no more than seven 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. 1991, c. 31, s. 6 (1); 1998, c. 18, Sched. G, s. 36 (1).

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. 31, s. 6 (2); 1998, c. 18, Sched. G, s. 36 (2).

President and Vice-President

7. 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. 31, s. 7.

Restricted titles

8. (1) No person other than a member shall use the title “midwife”, a variation or abbreviation or an equivalent in another language. 1991, c. 31, s. 8 (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 midwife or in a specialty of midwifery. 1991, c. 31, s. 8 (2).

Exception for aboriginal midwives

(3) An aboriginal person who provides traditional midwifery services may,

(a) use the title “aboriginal midwife”, a variation or abbreviation or an equivalent in another language; and

(b) hold himself or herself out as a person who is qualified to practise in Ontario as an aboriginal midwife. 1991, c. 31, s. 8 (3).

Definition

(4) In this section,

“abbreviation” includes an abbreviation of a variation. 1991, c. 31, s. 8 (4).

Notice if suggestions referred to Advisory Council

9. (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. 31, s. 9 (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. 31, s. 9 (2).

Offence

10. Every person who contravenes subsection 8 (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. 13 (1).

Regulations

11. (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 by members in the course of engaging in the practice of midwifery;

(b) designating the drugs that may be prescribed by members in the course of engaging in the practice of midwifery;

(c) specifying the drugs that a member may use in the course of engaging in the practice of midwifery. 2007, c. 10, Sched. B, s. 13 (2).

Individual drugs or categories

(2) A regulation made under clause (1) (b) or (c) may designate or specify individual drugs or categories of drugs. 2007, c. 10, Sched. B, s. 13 (2).

12., 13. Repealed: 2007, c. 10, Sched. B, s. 13 (3).

14. Omitted (provides for coming into force of provisions of this Act). 1991, c. 31, s. 14.

15. Omitted (enacts short title of this Act). 1991, c. 31, s. 15.

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