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O. Reg. 221/24: GENERAL
filed June 4, 2024 under Medicine Act, 1991, S.O. 1991, c. 30
Skip to contentontario regulation 221/24
made under the
Medicine Act, 1991
Made: March 1, 2024
Approved: May 30, 2024
Filed: June 4, 2024
Published on e-Laws: June 4, 2024
Published in The Ontario Gazette: June 22, 2024
Amending O. Reg. 114/94
(GENERAL)
1. (1) Subsection 29 (1) of Ontario Regulation 114/94 is amended by adding “who are physicians” after “Members” at the beginning.
(2) Subsection 29 (2) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:
(2) As evidence of a physician member’s participation in a program of continuing professional development, physician members shall, each year, provide to the College,
. . . . .
(3) Subsection 29 (3) of the Regulation is amended by striking out “A member” at the beginning and substituting “A physician member”.
(4) Subsection 29 (4) of the Regulation is amended by striking out “a member” and substituting “a physician member”.
2. The Regulation is amended by adding the following section:
29.1 (1) Members who are physician assistants shall participate in a program of continuing professional development that meets the requirements for continuing professional development set by a body described in paragraph 2 of subsection 9.1 (1) of Ontario Regulation 865/93 (Registration) made under the Act, with which the member holds certification.
(2) As evidence of a physician assistant member’s participation in a program of continuing professional development, physician assistant members shall, each year, provide to the College proof of the member’s participation that is satisfactory to the Committee.
(3) A physician assistant member shall maintain a record of their participation in a program of continuing professional development in the form and manner approved by the Committee and shall retain the record for a minimum of 10 years from the date of their participation in the program.
(4) At the request of the Committee, an assessor or an employee of the College, a physician assistant member shall submit their record of participation in a program of continuing professional development to the College within the time period specified in the request or, if no time period is specified, within 30 days of the request.
3. The Regulation is amended by adding the following Part:
PART XII
PHYSICIAN ASSISTANTS
52. (1) A physician assistant member shall only perform an act under the authority of section 4 of the Act if the performance of the act has been delegated to the physician assistant member by a physician member.
(2) Despite subsection (1), a physician member shall not delegate to a physician assistant member the authorized act of treating, by means of psychotherapy technique delivered through a therapeutic relationship, an individual’s serious disorder of thought, cognition, mood, emotional regulation, perception or memory that may seriously impair the individual’s judgment, insight, behaviour, communication or social functioning.
(3) A physician assistant member shall not delegate the performance of an act that has been delegated to them.
(4) A physician member shall ensure, before delegating an authorized act to a physician assistant member, that,
(a) the physician member has the knowledge, skill and judgment to perform the authorized act safely and competently themselves; and
(b) the physician member is satisfied that the physician assistant member has the knowledge, skill and judgment to perform the act safely and competently.
(5) A physician assistant member is entitled to presume that a physician member is permitted to delegate an authorized act to them, unless the physician assistant member has reasonable grounds to believe otherwise.
(6) A physician assistant member shall only perform an authorized act delegated to them by a physician member if, before performing the authorized act, the physician assistant member ensures that they have the knowledge, skill and judgement to perform the authorized act safely and competently.
Commencement
4. This Regulation comes into force on the later of the day section 1 of Schedule 3 to the Advancing Oversight and Planning in Ontario’s Health System Act, 2021 comes into force and the day this Regulation is filed.
Council of the College of Physicians and Surgeons of Ontario:
Nancy Whitmore
Ian Preyra
Board Chair
Date made: March 1, 2024