O. Reg. 296/04: Controlled Acts

 

ontario regulation 296/04

made under the

regulated health Professions act, 1991

Made: September 29, 2004
Approved: September 29, 2004
Filed: September 29, 2004
Printed in The Ontario Gazette: October 16, 2004

Amending O. Reg. 107/96

(Controlled Acts)

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

Interpretation

0.1  In this Regulation,

“diagnostic ultrasound” means ultrasound that produces an image or other data.

2. 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 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.

7.1 (1) A person is exempt from subsection 27 (1) of the Act for the purpose of applying soundwaves for diagnostic ultrasound if the application is ordered by a member with ordering authority, and the soundwaves for diagnostic ultrasound are applied,

(a) in a site of a public hospital where the public hospital is approved as a public hospital under the Public Hospitals Act, and the equipment is operated by the public hospital;

(b) in a private hospital operated under the authority of a licence issued under the Private Hospitals Act and the equipment is operated by the private hospital;

(c) in an independent health facility licensed under the Independent Health Facilities Act in respect of diagnostic ultrasound on a site for which that independent health facility is licensed in respect of diagnostic ultrasound; or

(d) in a fixed site where health services are customarily performed, and the application is ordered by a member with ordering authority who treats his or her own patients in the course of his or her health care practice, but only if,

(i) there exists an ongoing professional health care relationship between the patient and the member with ordering authority, or between the patient and a regulated health professional who ordinarily practises with that member at one or more sites in Ontario,

(ii) there exists an ongoing professional health care relationship between the patient and a regulated health professional who has given an opinion on the health of the patient, or between the patient and a regulated health professional who ordinarily practises at one or more sites in Ontario with the regulated health professional who has given the opinion, and the patient has requested that the member with ordering authority confirm, refute or vary that opinion and,

(A) the member orders the application of soundwaves for diagnostic ultrasound in the course of an assessment of the patient resulting from that request, and

(B) the diagnostic ultrasound is directly related to that assessment, or

(iii) there exists an ongoing professional health care relationship between the patient and a regulated health professional who has referred the patient to the member with ordering authority for the purpose of a consultation, or between the patient and a regulated health professional who ordinarily practises at one or more sites in Ontario with the regulated health professional who has made the referral and,

(A) the member conducts an assessment of the patient, and

(B) the diagnostic ultrasound is directly related to that assessment or services arising out of that assessment.

(2) In this section,

“member with ordering authority” means,

(a) a member of the College of Midwives of Ontario, with respect to ordering the application of soundwaves for pregnancy diagnostic ultrasound or pelvic diagnostic ultrasound,

(b) a member of the College of Nurses of Ontario who is a registered nurse in the extended class, with respect to ordering the application of soundwaves for diagnostic ultrasound of the abdomen, pelvis and breast, or

(c) a member of the College of Physicians and Surgeons of Ontario, with respect to ordering the application of soundwaves for diagnostic ultrasound.

Made by:

George Smitherman

Minister of Health and Long-Term Care

Date made: September 29, 2004.