O. Reg. 218/24: REGISTER

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ontario regulation 218/24

made under the

Health and Supportive Care Providers Oversight Authority Act, 2021

Made: May 30, 2024
Filed: June 4, 2024
Published on e-Laws: June 4, 2024
Published in The Ontario Gazette: June 22, 2024

rEGISTER

CONTENTS

 

Definition

1. In this Regulation,

“College” has the same meaning as in subsection 1 (1) of the Regulated Health Professions Act, 1991.

Prescribed information

2. (1) The following information is prescribed information to be contained in the register of registrants to be made available to the public for the purposes of clauses 32 (1) (a) and (b) of the Act:

1. Each registrant’s legal name.

2. Each registrant’s name as indicated on the document used to support the registrant’s initial registration with the Authority.

3. Nicknames or abbreviations that a registrant uses in any place of practice.

4. Any changes to the registrant’s name since the date of the registrant’s initial application for registration.

5. Each registrant’s gender.

6. Each registrant’s current business information for every location in Ontario where the registrant provides health services or supportive care services to the public, including,

i. the facility name,

ii. the employer’s name, if it is different from the facility name,

iii. the business address, including street address,

iv. the telephone number,

v. the e-mail address,

vi. an indication of whether the address is the primary business location of the registrant, and

vii. the date the registrant began offering health services or supportive care services at that location.

7. Where a registrant is deceased, the name of the deceased registrant and the date upon which the registrant died.

8. Whether the registrant’s registration status is active or inactive.

9. Where the registrant’s registration status is inactive, the reason for the status, which may be one of the following:

i. Cancellation, where the Chief Executive Officer has been notified that the registrant is deceased and confirmed that fact or the registrant has notified the Chief Executive Officer that they are leaving Ontario, leaving the profession, changing professions, retiring or provided another rationale not linked to compliance concerns and are voluntarily resigning as a registrant and will no longer be providing services.

ii. Interim suspension, where the Chief Executive Officer has imposed an interim suspension following the receipt of a complaint or following the appointment of an investigator.

iii. Suspension, where the registrant is the subject of discipline that has resulted in the temporary suspension of their registration.

iv. Revocation, where the registrant is the subject of discipline that has resulted in revocation of their registration.

v. Expiration, where the renewal date has passed, and the registrant has not renewed their registration, including not paying any applicable fees.

10. The languages in which a registrant provides health services or supportive care services.

11. Each registrant’s class of registration.

12. If applicable, whether the registrant has successfully completed a personal support worker program that meets the standards set by the Ministry of Colleges and Universities for an Ontario post-secondary institution or district school board to issue a personal support worker certificate.

13. The date of each registrant’s initial registration with the Authority.

14. Each registrant’s registration number.

15. The conditions, if any, imposed on a registrant’s registration.

16. For any registrant facing a pending complaint or other type of investigation, the fact that the registrant is facing a pending complaint or investigation, where the Chief Executive Officer confirms that there is a compelling public interest in disclosing this information.

17. A notation of every written warning that a registrant has received from the Chief Executive Officer under paragraph 2 of section 44 of the Act.

18. A notation of any further educational courses or training that the Chief Executive Officer has required a registrant to complete pursuant to paragraph 3 of section 44 of the Act.

19. A notation of every matter that has been referred by the Chief Executive Officer to the Discipline Committee for each registrant who is a subject of a referral under paragraph 5 of section 44 of the Act that has not been finally resolved, including the date of the referral and the status of the hearing before the Discipline Committee.

20. A copy of the specified allegations against a registrant for every matter that has been referred by the Chief Executive Officer to the Discipline Committee under paragraph 5 of section 44 of the Act and that has not been finally resolved, but the copy of the specified allegations shall not include personal information or personal health information that directly or indirectly reveals the identity of the complainant or the recipient of services.

21. Every result of a disciplinary proceeding concerning a registrant.

22. A notation and synopsis of any acknowledgements and undertakings that a registrant has entered into with the Authority in relation to matters involving allegations of a failure to comply with the code of ethics that applies to the registrant and that are in effect.

23. Where conditions imposed on a registrant’s certificate of registration have been varied or removed, the effective date of the variance or removal of those conditions.

24. Where a registrant’s certificate of registration is subject to an urgent interim action or order by the Chief Executive Officer under section 45 of the Act or by the discipline committee,

i. a notation of that fact,

ii. the nature of the action or order, and

iii. the date that the action or order took effect and, if applicable, when it ceased to be in effect.

25. A notation of every revocation, expiration, cancellation or suspension of a registration for each registrant.

26. Where a registrant’s certificate of registration is subject to a suspension, the reason for the suspension and the effective dates of the suspension in addition to the notation of that suspension.

27. Information that the discipline committee or appeals committee specifies shall be included about the registrant.

28. Where findings of the discipline committee in respect of the registrant are appealed, a notation that they are under appeal, until the appeal is finally disposed of.

29. Each decision of the appeals committee for all matters appealed from a decision of the discipline committee in respect of a registrant.

30. Where, during or as a result of a disciplinary proceeding under section 46 of the Act, a registrant has resigned or voluntarily cancelled their registration and agreed to never reapply for registration in Ontario, a notation of the resignation and agreement.

31. If a registrant currently holds or has previously held registration or is licensed or was licensed by any regulatory authority in any jurisdiction,

i. the status of the registrant’s registration or licence,

ii. the name of the regulatory authority,

iii. the jurisdiction, and

iv. any designation available to the registrant by virtue of that registration or licence.

32. Where a registrant has been required to appear before a panel of a College’s Inquiries, Complaints and Reports committee or of a similar committee of a body that governs a profession inside or outside of Ontario to be cautioned,

i. a notation of the fact, including a summary of the caution,

ii. if applicable, the specified continuing education or remediation program ordered by the panel to be completed by the registrant, and once the education or program is completed, a notation to that effect as well as the date on which the education or program was completed by the registrant,

iii. the date of the panel’s decision, and

iv. where the decision is appealed, a notation of that fact, until the appeal is finally disposed of.

33. Where a finding of professional misconduct or incompetence or similar finding has been made against a registrant by a body that governs a profession, inside or outside of Ontario, and that finding has not been reversed on appeal,

i. a notation of the finding,

ii. the name and jurisdiction of the governing body that made the finding,

iii. the date the finding was made,

iv. a summary of any order made, and

v. information regarding any appeals of the finding.

34. A summary of any current charges against a registrant, in respect of an offence against the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada), the Cannabis Act (Canada) or any other law of Canada, that the Chief Executive Officer believes is relevant to the registrant’s suitability to provide health services or supportive care services, and the charges are outstanding, including,

i. the fact and content, and

ii. the date and place of the charge.

35. A summary of any findings of guilt against a registrant and the sentence in respect of an offence against the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada), the Cannabis Act (Canada) or any other law of Canada, that the Chief Executive Officer believes is relevant to the registrant’s suitability to provide health services or supportive care services, until such time as any of the following occur:

i. The Parole Board of Canada orders a record suspension in respect of a finding of guilt that resulted in a conviction.

ii. A pardon in respect of the finding of guilt is obtained.

iii. The finding of guilt is overturned on appeal.

36. A summary of any currently existing conditions, terms, orders, directions or agreements relating to the custody or release of a registrant in offence processes under the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada), the Cannabis Act (Canada) or any other law of Canada, that the Chief Executive Officer believes is relevant to the registrant’s suitability to provide health services or supportive care services.

37. If a registrant is re-instated as a registrant, the fact of that re-instatement and the date on which the registrant’s registration was re-instated.

(2) The Authority must make best efforts to include on the register the information specified in subsection (1).

(3) For the purposes of paragraph 6 of subsection (1),

(a) if the registrant provides health services or supportive care services in more than one location, the location where the registrant generally works or anticipates to work the most hours is their primary business location; and

(b) if the registrant provides health services or supportive care services in private residences, the address to be kept in the register is the business address of the agency through which the registrant provides health services or supportive care services or another address designated by the registrant and approved by the Chief Executive Officer.

(4) For the purposes of paragraph 35 of subsection (1), the information respecting an absolute discharge shall only be kept on the register for a period of one year, and for a conditional discharge, only for three years.

(5) No action shall be taken under this section that,

(a) violates a court order;

(b) reveals information that has the potential to seriously threaten the health and safety of the registrant; or

(c) would reveal personal information or personal health information about any person other than the registrant.

Access to information by the public

3. All of the information required by section 2 and all information required by the by-laws of the Authority to be included in the register shall be made available to an individual during normal business hours, and shall be posted on the Authority’s website within a reasonable amount of time of the Chief Executive Officer having received the information and in a manner that is accessible to the public or in any other manner and form specified by the Minister.

Retention of personal information

4. (1) Personal information or personal health information about registrants or about any other person shall be retained by the Authority only as long as is necessary to fulfil the identified purposes for which the information was collected, or longer if required due to an on-going investigation or legal proceeding.

(2) Personal information that is no longer necessary or relevant for the identified purposes, or no longer required to be retained by law, must be securely destroyed, erased or made anonymous.

(3) Where a Registrant has resigned, retired, is deceased or has had their registration revoked, cancelled or otherwise terminated, their information in the register shall be maintained for a period of 10 years, except for any information related to discipline proceedings in Ontario, which shall be maintained for a period of fifty years after the termination of registration.

Corrections and changes

5. The Chief Executive Officer shall correct any information contained in the register where a registrant demonstrates, to the satisfaction of the Chief Executive Officer, that the information contained in the register is incomplete or inaccurate and where the registrant provides the Chief Executive Officer with the information that is necessary to enable the Chief Executive Officer to correct the incomplete or inaccurate information.

Names in the register

6. The Chief Executive Officer may enter a name other than the name referred to in paragraphs 1 to 4 of subsection 2 (1) in the register if the Chief Executive Officer,

(a) has received a written request from the registrant;

(b) is satisfied that the registrant has legally changed their name; and

(c) is satisfied that the name change is not for any improper purpose.

Notification to the Authority

7. Every registrant shall notify the Authority, in writing, within 30 days of the effective date of any change to the information included in the register.

Commencement

8. This Regulation comes into force on the later of the day section 32 of Schedule 2 (Health and Supportive Care Providers Oversight Authority Act, 2021) to the Advancing Oversight and Planning in Ontario’s Health System Act, 2021 comes into force and the day this Regulation is filed.

 

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