O. Reg. 299/23: GENERAL

 

ontario regulation 299/23

made under the

Respiratory Therapy Act, 1991

Made: August 4, 2023
Approved: August 17, 2023
Filed: August 21, 2023
Published on e-Laws: August 21, 2023
Published in The Ontario Gazette: September 9, 2023

Amending O. Reg. 596/94

(GENERAL)

1. Subsection 49 (1) of Ontario Regulation 596/94 is amended by adding “or emergency” after “general”.

2. Subsection 49.1 (1) of the Regulation is amended by adding “or emergency” after “general”.

3. Section 50 of the Regulation is amended by adding the following paragraph:

5. Emergency.

4. The Regulation is amended by adding the following sections:

Emergency Certificate of Registration

63.1 (1) In addition to the requirements set out in section 53, the following are registration requirements for an emergency certificate of registration:

1. The Minister has requested the College to initiate registrations under this class based on the Minister’s opinion that emergency circumstances call for it, or the Council has determined, after taking into account all of the relevant circumstances that impact the ability of applicants to meet the ordinary registration requirements, that there are emergency circumstances, and that it is in the public interest that the College issue emergency certificates of registration.

2. The applicant must have satisfied the requirements of clause 55 (2) (a) or (b).

(2) The applicant must have met the requirements of paragraph 2 of subsection (1) within the three years immediately preceding the application for registration unless the applicant was practising respiratory therapy for at least 1,125 hours in a jurisdiction outside Ontario in which respiratory therapy is regulated within that three-year period.

(3) The requirements set out in paragraphs 1 and 2 of subsection (1) are non-exemptible.

63.2 (1) Unless stated otherwise on the certificate, an emergency class certificate of registration expires 12 months after it is issued unless it is renewed.

(2) Unless stated otherwise on the certificate, a renewed emergency class certificate of registration expires 12 months after it is issued unless it is renewed again.

(3) Despite subsections (1) and (2), an emergency class certificate of registration expires six months after the date the Council determines that emergency circumstances no longer exist.

63.3 A person who holds, or held within the previous six months, a certificate of registration in the emergency class may be issued a certificate of registration in the general class despite not having met the requirements set out in subsection 55 (4), if the person,

(a) applies for the certificate of registration in the general class;

(b) satisfies all other requirements for the certificate of registration in the general class; and

(c) either provides satisfactory evidence to the Registrar based on their practice of at least 500 hours under the certificate of registration in the emergency class, that they will practise competently and ethically even though practising without supervision, or successfully completes the practice assessment designed to assess the practice competencies of a holder of a certification of registration in the emergency class.

Conditions, Emergency Certificate of Registration

63.4 In addition to the conditions set out in section 54, it is a condition of an emergency certificate of registration that the member shall,

(a) at the first reasonable opportunity, advise every employer of any terms, conditions and limitations that apply to the member’s emergency certificate of registration if their employment is in the field of respiratory therapy;

(b) only perform a controlled act that is authorized to the profession if it is performed under the general supervision of a member who holds a certificate in the general class of registration and who is available to be present at the site on 10 minutes notice; and

(c) not delegate a controlled act.

5. The Table to section 67 of the Regulation is amended by adding the following item:

 

Emergency

Respiratory Therapist (Emergency)

Thérapeute Respiratoire (Urgence)

RT(E)

 

Commencement

6. This Regulation comes into force on the later of the day subsection 3 (3) of Schedule 6 to the Pandemic and Emergency Preparedness Act, 2022 comes into force and the day this Regulation is filed.

Made by:

Council of the College of Respiratory Therapists of Ontario:

Carole Hamp

Registrar & CEO

Shaf Rahman

Deputy Registrar

Date made: August 4, 2023