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O. Reg. 67/06: FUNDING FOR THERAPY AND COUNSELLING

under Dental Hygiene Act, 1991, S.O. 1991, c. 22

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Versions
current March 6, 2006 (e-Laws currency date)

Dental Hygiene Act, 1991
Loi de 1991 sur les hygiénistes dentaires

ONTARIO REGULATION 67/06

FUNDING FOR THERAPY AND COUNSELLING

Consolidation Period: From March 6, 2006 to the e-Laws currency date.

No amendments.

This Regulation is made in English only.

Definition

1. In this Regulation,

“member” includes a former member. O. Reg. 67/06, s. 1.

Alternative requirements, etc.

2. (1) The alternative requirements that must be satisfied in order for a person to be eligible for funding under clause 85.7 (4) (b) of the Health Professions Procedural Code are prescribed in this section. O. Reg. 67/06, s. 2 (1).

(2) A person is eligible for funding for therapy or counselling if,

(a) there is an admission made by a member in a statement to the College or in an agreement with the College that he or she sexually abused the person while the person was a patient of the member;

(b) a member has been convicted under the Criminal Code (Canada) of sexually assaulting the person while the person was a patient of the member and the facts supporting the sexual assault constitute sexual abuse within the meaning of the Health Professions Procedural Code;

(c) there is a statement, contained in the written reasons of a committee of the College given after a hearing, that the person, while a patient, was sexually abused by a member; or

(d) there is sufficient evidence presented to the Patient Relations Committee to support a reasonable belief that the person, while a patient, was sexually abused by a member. O. Reg. 67/06, s. 2 (2).

(3) Without limiting the generality of clause (2) (d), the following are examples of the kinds of evidence that may support a reasonable belief that a person, while a patient, was sexually abused by a member:

1. Evidence that a notice of hearing was issued by the College containing allegations that the person, while a patient, was sexually abused by a member who died before a hearing was held.

2. Evidence of reports made with respect to the member under subsection 85.1 (1) or 85.2 (1) of the Health Professions Procedural Code.

3. Evidence that corroborates the person’s allegations of sexual abuse. O. Reg. 67/06, s. 2 (3).

(4) A person is not eligible under subsection (2) unless the evidence indicates that the sexual abuse occurred in Ontario. O. Reg. 67/06, s. 2 (4).

(5) A person is eligible for funding for therapy or counselling under subsection (2) only if,

(a) the person submits an application for funding to the Patient Relations Committee in the form provided by the College and, in the application, the person names the member who is alleged to have sexually abused the patient, provides the location where it is alleged that the sexual abuse took place and the date on which it is alleged the sexual abuse took place;

(b) the person submits to the Patient Relations Committee along with the application,

(i) a written undertaking signed by the person to keep confidential all information obtained through the application for funding process, including the fact that funding has been granted and the reasons given by the Committee for granting the funding, and

(ii) a written undertaking signed by the person to refrain from using any of the information referred to in subclause (i) for any collateral or ulterior purpose; and

(c) the person provides any other information as required by the Patient Relations Committee. O. Reg. 67/06, s. 2 (5).

(6) A decision by the Patient Relations Committee that a person is eligible for funding for therapy or counselling does not constitute a finding against the member and shall not be considered by any other committee of the College dealing with the member. O. Reg. 67/06, s. 2 (6).

Pre Regulated Health Professions Act, 1991 abuse

3. A person who is otherwise eligible for funding for therapy or counselling under section 2 is not eligible for funding if the therapy or counselling for which funding is requested relates to sexual abuse by a member that occurred before December 31, 1993 and if, in the opinion of the Patient Relations Committee, the granting of funding would not be just and equitable having regard to the following:

1. Whether the need for therapy or counselling results directly or indirectly from the alleged sexual abuse.

2. The availability of other sources of funding.

3. The College’s resources. O. Reg. 67/06, s. 3.