O. Reg. 207/23: GENERAL

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ontario regulation 207/23

made under the

Laboratory and Specimen Collection Centre Licensing Act

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. 45/22

(GENERAL)

1. (1) The definition of “health professional” in section 1 of Ontario Regulation 45/22 is revoked and the following substituted:

“health professional” means a member of a College of a health profession referred to in Schedule 1 to the Regulated Health Professions Act, 1991, an out of province medical laboratory technologist, an out of province physician, an out of province registered nurse in the general class, an out of province registered nurse in the extended class or an out of province registered practical nurse; (“professionnel de la santé”)

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

“out of province medical laboratory technologist” means a person who is exempted from subsections 9 (1) and (2) of the Medical Laboratory Technology Act, 1991 by a regulation made under that Act; (“technologiste de laboratoire médical 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”)

2. Subsection 13 (5) of the Regulation is amended by striking out “or” at the end of clause (a) and by adding the following clause:

(a.1)  is an out of province medical laboratory technologist; or

3. (1) Clause 17 (a) of the Regulation is revoked and the following substituted:

(a)  a member of the College of Physicians and Surgeons of Ontario or an out of province physician;

(2) Clause 17 (e) of the Regulation is revoked and the following substituted:

(e)  a member of the College of Nurses of Ontario who holds an extended certificate of registration under the Nursing Act, 1991 or an out of province registered nurse in the extended class;

4. (1) Clause 18 (1) (a) of the Regulation is revoked and the following substituted:

(a)  a member of the College of Physicians and Surgeons of Ontario or an out of province physician;

(2) Clause 18 (1) (e) of the Regulation is revoked and the following substituted:

(e)  a member of the College of Nurses of Ontario who holds an extended certificate of registration under the Nursing Act, 1991 or an out of province registered nurse in the extended class;

(3) Clause 18 (1) (h) of the Regulation is amended by striking out “in a jurisdiction” and substituting “practising in a jurisdiction”.

5. Section 25 of the Regulation is amended by striking out “A member of the College of Physicians and Surgeons of Ontario is exempt” at the beginning and substituting “A member of the College of Physicians and Surgeons of Ontario or an out of province physician is exempt”.

6. Section 27 of the Regulation is revoked and the following substituted:

Registered nurses, etc.

27. (1) A member of the College of Nurses of Ontario who is a registered practical nurse or a registered nurse, other than a registered nurse who holds an extended certificate of registration under the Nursing Act, 1991, is exempt from sections 9 to 16 of the Act and from this Regulation with respect to the taking or collecting of specimens from an individual for the purpose of performing a point-of-care test.

(2) An out of province registered nurse in the general class or an out of province registered practical nurse is exempt from sections 9 to 16 of the Act and from this Regulation with respect to the taking or collecting of specimens from an individual for the purpose of performing a point-of-care test.

(3) A member of the College of Nurses of Ontario who is a registered practical nurse or a registered nurse, including a registered nurse who holds an extended certificate of registration under the Nursing Act, 1991, is exempt from sections 9 to 16 of the Act and from this Regulation with respect to the performance of a point-of-care test.

(4) An out of province registered nurse in the general class, an out of province registered nurse in the extended class or an out of province registered practical nurse is exempt from sections 9 to 16 of the Act and from this Regulation with respect to the performance of a point-of-care test.

7. Paragraphs 1 and 2 of subsection 31 (1) of the Regulation are revoked and the following substituted:

1.  A member of the College of Physicians and Surgeons of Ontario or an out of province physician.

2.  A member of the College of Nurses of Ontario who is a registered practical nurse or a registered nurse, including a registered nurse who holds an extended certificate of registration under the Nursing Act, 1991.

2.1  An out of province registered nurse in the general class, an out of province registered nurse in the extended class or an out of province registered practical nurse.

8. Paragraphs 1 and 2 of section 34 of the Regulation are revoked and the following substituted:

1.  A place where a member of the College of Physicians and Surgeons of Ontario or an out of province physician is engaged in the practice of medicine or surgery.

2.  A place where a member of the College of Nurses of Ontario who holds an extended certificate of registration under the Nursing Act, 1991 or an out of province registered nurse in the extended class is engaged in the practice of nursing.

Commencement

9. This Regulation comes into force on the later of the day section 7 of Schedule 2 to the Your Health Act, 2023 comes into force and the day this Regulation is filed.

 

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