O. Reg. 21/12: GENERAL

 

Audiology and Speech-Language Pathology Act, 1991
Loi de 1991 sur les audiologistes et les orthophonistes

ONTARIO REGULATION 21/12

general

Consolidation Period: From August 31, 2023 to the e-Laws currency date.

Last amendment: 275/23.

Legislative History: 164/15, 188/21, 293/22, 275/23.

This Regulation is made in English only.

CONTENTS

 

Part i
registration

Classes of Certificates

Prescribed classes

1. The following are prescribed as classes of certificates of registration:

1.  General.

2.  Initial.

3.  Non-practising.

4.  Academic.

5.  Emergency.

O. Reg. 21/12, s. 1; O. Reg. 188/21, s. 1; O. Reg. 275/23, s. 1.

Application for Certificate of Registration

Application for certificate of registration

2. A person may apply for a certificate of registration by submitting an application to the Registrar together with any applicable fees as required by the by-laws.  O. Reg. 21/12, s. 2.

Requirements for Issuance of Certificate of Registration, Any Class

Requirements for certificate of registration, any class

3. An applicant must satisfy the following registration requirements for the issuance of a certificate of registration of any class:

1.  The applicant must provide details of any of the following that relate to the applicant:

i.  A conviction for a criminal offence.

ii.  A conviction for an offence related to the regulation of the practice of the profession in Ontario or in any other jurisdiction.

iii.  A finding of professional misconduct, incompetency or incapacity in Ontario in relation to another health profession or in any other jurisdiction in relation to the profession or another health profession.

iv.  A current proceeding for professional misconduct, incompetency or incapacity in Ontario in relation to another health profession or in any other jurisdiction in relation to the profession or another health profession.

v.  A denial of registration, licensure or similar status by a regulatory body in Ontario that is responsible for the regulation of another health profession or by a regulatory body in another jurisdiction that is responsible for the regulation of the profession or another health profession.

vi.  A revocation or suspension of registration, licensure or similar status in Ontario in relation to another health profession or in any other jurisdiction in relation to the profession or another health profession.

2.  If the applicant is registered with a body responsible for the regulation of a health profession, the applicant must provide a certificate, letter or other evidence acceptable to the College from the regulatory body confirming that the applicant is in good standing.

3.  If the applicant has ceased being registered with a body responsible for the regulation of a health profession, the applicant must provide a certificate, letter or other evidence acceptable to the College from the regulatory body indicating that the applicant was in good standing at the time he or she ceased being registered.

4.  The applicant must provide proof that he or she has professional liability insurance in the amount and in the form as required by the by-laws.

5.  The applicant must be able to speak, read and write either English or French with reasonable fluency.

6.  The applicant’s past and present conduct must afford reasonable grounds for the belief that the applicant,

i.  does not have a physical or mental condition or disorder that could affect his or her ability to practise the profession in a safe manner,

ii.  will practise the profession with decency, integrity and honesty and in accordance with the law, and

iii.  will display an appropriate professional attitude.

7.  At the Registrar’s request, the applicant must undergo a criminal background check.  O. Reg. 21/12, s. 3.

Conditions, Any Class

Conditions, any class

4. Every certificate of registration is subject to the following conditions:

1.  The member shall provide the College with details of any of the following that relate to the member and that occur or arise after the member is issued a certificate of registration:

i.  A conviction for any offence in Ontario or in any other jurisdiction.

ii.  A finding of professional misconduct, incompetency or incapacity in Ontario in relation to another health profession or in any other jurisdiction in relation to the profession or another health profession.

iii.  A current proceeding for professional misconduct, incompetency or incapacity in Ontario in relation to another health profession or in any other jurisdiction in relation to the profession or another health profession.

iv.  A denial of registration, licensure or similar status by a regulatory body in Ontario that is responsible for the regulation of another health profession or by a regulatory body in another jurisdiction that is responsible for the regulation of the profession or another health profession.

v.  A revocation or suspension of registration, licensure or similar status in Ontario in relation to another health profession or in any other jurisdiction in relation to the profession or another health profession.

2.  The member shall maintain professional liability insurance in the amount and in the form as required by the by-laws.  O. Reg. 21/12, s. 4.

General Certificates

Registration requirements

5. (1) The following are non-exemptible registration requirements for a general certificate of registration:

1.  The applicant must have a minimum of a professional master’s degree in at least one of audiology or speech-language pathology from,

i.  a Canadian university program accredited by the Council for Accreditation of Canadian University Programs in Audiology and Speech-Language Pathology or by another accrediting body approved by the Council for that purpose, or

ii.  a university program, other than one referred to in subparagraph i, that is determined by a panel of the Registration Committee or by a body or bodies approved by Council to contain both coursework and practicum and be equivalent to a program referred to in subparagraph i.

2.  The applicant must be a Canadian citizen or a permanent resident of Canada or be authorized by the Immigration and Refugee Protection Act (Canada) to engage in the practice of the profession or professions for which the applicant has submitted an application.

3.  The applicant must have successfully completed a registration examination set or approved by Council for the profession or professions for which the applicant has submitted an application. O. Reg. 188/21, s. 2.

(2) It is a requirement for the issuance of a general certificate of registration that the applicant must have,

(a)  held an initial certificate of registration for the length of time required under section 10 and met the requirements under section 10.1; or

(b)  completed a total of 750 hours of patient care or related work, or any combination of them, in another jurisdiction in the profession for which the applicant has submitted an application during the three years immediately preceding the date on which the College receives an application from the applicant for the issuance of a general certificate of registration. O. Reg. 188/21, s. 2.

(3) During the 24-month period commencing on the day that Ontario Regulation 188/21 comes into force, subsection 5 (2) of this Regulation, as it read immediately before that day, continues to apply to the determination of whether a university program is equivalent to a program referred to in subparagraph 1 i of subsection (1), for the purpose of subparagraph 1 ii of that subsection. O. Reg. 188/21, s. 2.

(4) If a person submitted an application for a certificate of registration before the day Ontario Regulation 188/21 came into force, and that application was still being dealt with, this Regulation, as it read immediately before that day, applies with respect to that application. O. Reg. 188/21, s. 2.

(5) If a person submitted an application for a certificate of registration on or after the day Ontario Regulation 188/21 came into force, but before April 1, 2021, the requirement under paragraph 3 of subsection (1) does not apply to that person. O. Reg. 188/21, s. 2.

Conditions

6. (1) The following are the conditions of a general certificate of registration:

1.  The member shall provide 750 hours of patient care or related work, or any combination of them, in the profession for which the member holds a general certificate of registration, during every three-year period, beginning on the day that the member is issued a general certificate of registration.

2.  The member shall immediately inform the Registrar in writing in the event that the member ceases to be a Canadian citizen or permanent resident of Canada or to have authorization under the Immigration and Refugee Protection Act (Canada) permitting the member to engage in the practice of the profession. O. Reg. 21/12, s. 6 (1); O. Reg. 188/21, s. 3.

(2) If a member fails to meet the condition described in paragraph 1 of subsection (1), the Registrar may refer the member for a peer and practice assessment. O. Reg. 21/12, s. 6 (2).

Canadian mobility

7. (1) Where section 22.18 of the Health Professions Procedural Code applies to an applicant, the requirements of paragraphs 1 and 3 of subsection 5 (1) and of subsection 5 (2) of this Regulation are deemed to have been met by the applicant. O. Reg. 188/21, s. 4.

(2) Where an applicant referred to in subsection (1) is unable to satisfy the Registrar that the applicant practised the profession to the extent that would be permitted by a general certificate of registration at any time in the three years immediately before the date of that applicant’s application, the applicant must meet any further requirement to undertake, obtain or undergo material additional training, experience, examinations or assessments that may be specified by a panel of the Registration Committee. O. Reg. 21/12, s. 7 (2).

(3) An applicant referred to in subsection (1) is deemed to have met the requirements of paragraph 5 of section 3 where the requirements for the issuance of the applicant’s out-of-province certificate included language proficiency requirements equivalent to those required by that paragraph. O. Reg. 21/12, s. 7 (3).

(4) Despite subsection (1), an applicant is not deemed to have met a requirement if that requirement is described in subsection 22.18 (3) of the Health Professions Procedural Code. O. Reg. 21/12, s. 7 (4).

Initial Certificates

Registration requirements

8. (1) The following are non-exemptible registration requirements for an initial certificate of registration:

1.  Subject to subsection (2), the applicant must satisfy the non-exemptible requirements for a general certificate of registration as set out in subsection 5 (1).

2.  The applicant must provide the Registrar with proof of having an offer of employment in Ontario as an audiologist or speech-language pathologist. O. Reg. 188/21, s. 5.

(2) The Registrar may issue an initial certificate of registration to an applicant if any of the following circumstances are met:

1.  The applicant,

i.  has not completed the coursework or clinical practicum that is required by a program referred to in subparagraph 1 i of subsection 5 (1), in audiology for a speech-language pathology applicant, or in speech-language pathology for an audiology applicant, and

ii.  has undertaken to complete additional coursework or clinical practicum, during the term of the initial certificate of registration, that have been approved by a panel of the Registration Committee.

2.  The applicant has not successfully written the registration examination referred to in paragraph 3 of subsection 5 (1) and the applicant has undertaken to successfully write the registration examination during the term of the initial certificate of registration. O. Reg. 188/21, s. 5.

Condition

9. It is a condition of an initial certificate of registration that the member practise under the mentorship of a holder of a general certificate of registration. O. Reg. 21/12, s. 9; O. Reg. 188/21, s. 6.

Term of certificate

10. (1) Subject to subsection (2), the term of an initial certificate of registration is six months. O. Reg. 188/21, s. 7.

(2) The Registrar may extend the term of an initial certificate of registration for an additional period of no more than 18 months if any of the following circumstances exist:

1.  The member has not completed the coursework and clinical practicum referred to in paragraph 1 of subsection 8 (2) by the end of the six months.

2.  The member has completed the coursework and clinical practicum referred to in paragraph 1 of subsection 8 (2) but, in the Registrar’s opinion, the member does not have the skills or competency necessary to be issued a general certificate of registration.

3.  The member has not successfully written the registration examination referred to in paragraph 3 of subsection 5 (1) by the end of the six months. O. Reg. 188/21, s. 7.

Issuance of general certificate of registration

10.1 A member who is the holder of an initial certificate of registration shall be issued a general certificate of registration if the member completes the coursework or clinical practicum referred to in paragraph 1 of subsection 8 (2) or the registration examination referred to in paragraph 2 of subsection 8 (2), or both, and the member,

(a)  pays any applicable fees required by the by-laws;

(b)  is in compliance with any outstanding orders issued by any committee of the College or with any undertakings given to the College; and

(c)  successfully completes the mentorship referred to in section 9. O. Reg. 188/21, s. 7.

Canadian mobility

11. (1) Where section 22.18 of the Health Professions Procedural Code applies to an applicant, the requirement of paragraph 1 of subsection 8 (1) of this Regulation is deemed to have been met by the applicant.  O. Reg. 21/12, s. 11 (1).

(2) Despite subsection (1), the applicant is not deemed to have satisfied the non-exemptible registration requirement set out in paragraph 2 of subsection 5 (1) that the applicant must be a Canadian citizen or a permanent resident of Canada or be authorized by the Immigration and Refugee Protection Act (Canada) to engage in the practice of the profession.  O. Reg. 21/12, s. 11 (2).

(3) Where the applicant is unable to satisfy the Registrar that the applicant practised the profession to the extent that would be permitted by an initial certificate of registration at any time in the three years immediately before the date of that applicant’s application, the applicant must meet any further requirement to undertake, obtain or undergo material additional training, experience, examinations or assessments that may be specified by a panel of the Registration Committee.  O. Reg. 21/12, s. 11 (3).

(4) The applicant is deemed to have met the requirements of paragraph 5 of section 3 where the requirements for the issuance of the applicant’s out-of-province certificate included language proficiency requirements equivalent to those required by that paragraph.  O. Reg. 21/12, s. 11 (4).

(5) Despite subsection (1), the applicant is not deemed to have met a requirement if that requirement is described in subsection 22.18 (3) of the Health Professions Procedural Code.  O. Reg. 21/12, s. 11 (5).

Non-Practising Certificates

Registration requirements

12. It is a non-exemptible registration requirement for a non-practising certificate of registration that the applicant must either,

(a)  hold a general certificate of registration and be in good standing with the College; or

(b)  be eligible to be issued a general certificate of registration. O. Reg. 188/21, s. 8.

Conditions

13. The following are the conditions of a non-practising certificate of registration:

1.  The member shall make an annual application for renewal of his or her non-practising certificate of registration.

2.  The member shall not engage in the practice of audiology or speech-language pathology in Ontario.

3.  The member shall not use any title or designation respecting the professions unless it includes “(Non-practising)”. O. Reg. 21/12, s. 13; O. Reg. 188/21, s. 9.

Issuance of general certificate of registration

14. A member who holds a non-practising certificate of registration shall be issued a general certificate of registration if the member satisfies the following conditions:

1.  The member must satisfy a panel of the Registration Committee that,

i.  the member has provided 750 hours of patient care or related work, or any combination of them, in the profession for which the member holds a non-practising certificate of registration during the three years immediately preceding the date on which the College receives an application from the member for the issuance of a general certificate of registration, or

ii.  the member has successfully completed any further education, training or examinations, or any combination of them, that was specified by a panel of the Registration Committee.

2.  The member must pay any applicable fees required by the by-laws.

3.  The member must be in compliance with any outstanding orders issued by any committee of the College or with any undertakings given to the College. O. Reg. 188/21, s. 10.

Canadian mobility

15. Where an applicant holds an out-of-province certificate that, in the opinion of the Registration Committee, is substantially equivalent to a non-practising certificate of registration, the requirement set out in section 12 is deemed to have been met by the applicant if he or she provides one or more certificates or letters or other evidence satisfactory to the Registrar or a panel of the Registration Committee establishing that the applicant is in good standing as either an audiologist or speech-language pathologist in every jurisdiction where the applicant holds an out-of-province certificate. O. Reg. 21/12, s. 15; O. Reg. 188/21, s. 11.

Academic Certificates

Registration requirements

16. The following are non-exemptible registration requirements for an academic certificate of registration:

1.  The applicant must satisfy the non-exemptible requirements for a general certificate of registration as set out in subsection 5 (1).

2.  The applicant must have an appointment to the academic staff of a post-secondary institution to teach or conduct research in audiology or speech-language pathology or both. O. Reg. 21/12, s. 16; O. Reg. 188/21, s. 12.

Conditions

17. The following are conditions of an academic certificate of registration:

1.  The member shall hold and maintain an appointment in a post-secondary institution in audiology or speech-language pathology or both.

2.  The member shall only practise in a setting related to the academic appointment.

3.  The member shall immediately inform the Registrar in writing in the event that the member ceases to be a Canadian citizen or permanent resident of Canada or to have authorization under the Immigration and Refugee Protection Act (Canada) permitting the member to engage in the practice of the profession.  O. Reg. 21/12, s. 17.

Issuance of general certificate of registration

17.1 A member who holds an academic certificate of registration shall be issued a general certificate of registration if the member satisfies the following conditions:

1.  The member must satisfy a panel of the Registration Committee that,

i.  the member has provided 750 hours of patient care or related work, or any combination of them, in the profession for which the member holds an academic certificate of registration during the three years immediately preceding the date on which the College receives an application from the member for the issuance of a general certificate of registration, or

ii.  the member has successfully completed any further education, training or examinations, or any combination of them, that was specified by a panel of the Registration Committee.

2.  The member must pay any applicable fees required by the by-laws.

3.  The member must be in compliance with any outstanding orders issued by any committee of the College or with any undertakings given to the College. O. Reg. 188/21, s. 13.

Canadian mobility

18. (1) Where section 22.18 of the Health Professions Procedural Code applies to an applicant, the requirement of paragraph 1 of section 16 of this Regulation is deemed to have been met by the applicant.  O. Reg. 21/12, s. 18 (1).

(2) Where an applicant referred to in subsection (1) is unable to satisfy the Registrar that the applicant practised the profession to the extent that would be permitted by an academic certificate of registration at any time in the three years immediately before the date of that applicant’s application, the applicant must meet any further requirement to undertake, obtain or undergo material additional training, experience, examinations or assessments that may be specified by a panel of the Registration Committee.  O. Reg. 21/12, s. 18 (2).

(3) An applicant referred to in subsection (1) is deemed to have met the requirements of paragraph 5 of section 3 where the requirements for the issuance of the applicant’s out-of-province certificate included language proficiency requirements equivalent to those required by that paragraph.  O. Reg. 21/12, s. 18 (3).

(4) Despite subsection (1), an applicant is not deemed to have met a requirement if that requirement is described in subsection 22.18 (3) of the Health Professions Procedural Code.  O. Reg. 21/12, s. 18 (4).

19.-22. Revoked: O. Reg. 188/21, s. 14.

Emergency Certificates

Registration requirements

19. (1) The following are registration requirements for an emergency certificate of registration:

1.  The Minister must have requested that the College initiate registrations under this class based on the Minister’s opinion that emergency circumstances call for it or the Council must have 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 to address the emergency circumstances.

2.  There must be no other certificate of registration for which the applicant is qualified which could be issued by the College within less time or within a similar time period as it will take the College to issue an emergency class certificate.

3.  Other than in the case of applicants referred to in paragraphs 6, 7 and 8, the applicant must satisfy the non-exemptible registration requirement for a general certificate of registration as set out in paragraph 1 of subsection 5 (1).

4.  The applicant must satisfy the non-exemptible registration requirement for a general certificate of registration as set out in paragraph 2 of subsection 5 (1).

5.  Subject to subsection (3), the applicant must have completed a total of 750 hours of patient care or related work, or any combination of them, in any jurisdiction in the profession for which the applicant has submitted an application, during the three years immediately preceding the date on which the College receives an application from the applicant for the issuance of an emergency certificate of registration.

6.  Where the applicant was a previous holder of a general certificate of registration with the College and such certificate was not revoked by the Discipline Committee, it has been no more than five years since their general certificate of registration was surrendered.

7.  Where the applicant holds a non-practising certificate of registration, it has been no more than five years since the certificate was issued by the College.

8.  Where the applicant holds an out-of-province certificate, as defined in subsection 22.15 (1) of the Health Professions Procedural Code, the applicant must provide the College with one or more certificates or letters, or other evidence satisfactory to the Registrar, establishing that the applicant is in good standing as either an audiologist or speech-language pathologist in every jurisdiction where the applicant holds an out-of-province certificate. O. Reg. 275/23, s. 2.

(2) The requirements of paragraphs 2 to 8 of subsection (1) are non-exemptible. O. Reg. 275/23, s. 2.

(3) The Registrar may issue an emergency certificate of registration to an applicant referred to in paragraph 6, 7 or 8 of subsection (1) who does not meet the requirement of paragraph 5 of subsection (1) if,

(a)  the applicant provides the Registrar with proof of having an offer of employment in Ontario as an audiologist or speech-language pathologist; and

(b)  the applicant undertakes to practise under the mentorship of a holder of a general certificate of registration for a period of six months or such longer period that the Registrar may determine based on the Registrar’s assessment as to whether the applicant has the skills or competency necessary to practise without a mentor. O. Reg. 275/23, s. 2.

(4) The Registrar may exempt an applicant from the obligation set out in paragraph 3 of section 3 if such an exemption will expedite the application. O. Reg. 275/23, s. 2.

Conditions

20. (1) The following are the conditions of an emergency certificate of registration:

1.  The member shall not use any title or designation respecting the profession or professions for which the member holds an emergency certificate of registration unless it includes “(Emergency)”.

2.  The member shall provide 250 hours of patient care or related work, or any combination of them, in the profession for which the member holds an emergency certificate of registration, during every one-year period, beginning on the day that the member is issued an emergency certificate of registration.

3.  The member shall immediately inform the Registrar in writing in the event that the member ceases to be a Canadian citizen or permanent resident of Canada or to have authorization under the Immigration and Refugee Protection Act (Canada) permitting the member to engage in the practice of the profession.

4.  Where the member has been issued an emergency certificate of registration despite not having met the requirement in paragraph 5 of subsection 19 (1), the member must only practise the profession under the mentorship of a holder of a general certificate of registration for a period of six months or such longer period as the Registrar may determine based on the Registrars assessment as to whether the member has the skills or competency necessary to practise without a mentor. O. Reg. 275/23, s. 2.

(2) If a member fails to meet the condition described in paragraph 2 of subsection (1), the Registrar may refer the member for a peer and practice assessment. O. Reg. 275/23, s. 2.

Term of certificate

21. (1) Subject to subsection (2), unless stated otherwise in the certificate, a certificate of registration in the emergency class expires one year following the issuance of the emergency certificate unless it is renewed. O. Reg. 275/23, s. 2.

(2) Unless stated otherwise in the certificate, a renewed certificate of registration in the emergency class expires one year after it is issued unless it is renewed again. O. Reg. 275/23, s. 2.

(3) Despite subsections (1) and (2), a certificate of registration in the emergency class expires six months after the date the Council determines that emergency circumstances no longer exist. O. Reg. 275/23, s. 2.

Issuance of a general certificate of registration

22. A person who holds a certificate of registration in the emergency class, or held one within the six months immediately preceding their application, may be issued a certificate of registration in the general class despite not having successfully completed the registration examination referred to in paragraph 3 of subsection 5 (1), if the person,

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

(b)  pays any applicable fees required by the by-laws;

(c)  is in compliance with any outstanding orders issued by any committee of the College or with any undertakings given to the College;

(d)  provides satisfactory evidence, based on their practice for at least 250 hours per year under the certificate of registration in the emergency class, that the member will practise competently and ethically;

(e)  successfully completes the mentorship referred to in paragraph 4 of subsection 20 (1), if the person was issued a certificate of registration in the emergency class despite not having met the requirement in paragraph 5 of subsection 19 (1); and

(f)  satisfies all other requirements for the certificate of registration in the general class. O. Reg. 275/23, s. 2.

Resignations, Suspensions, Revocations and Reinstatements

Resignation

23. A member may resign his or her membership by giving written notice to that effect to the Registrar.  O. Reg. 21/12, s. 23.

Suspension

24. (1) If a member ceases to be a Canadian citizen or permanent resident of Canada or to have authorization under the Immigration and Refugee Protection Act (Canada) permitting the member to engage in the practice of the profession, the Registrar may give the member notice of intention to suspend the member and may suspend the member’s certificate of registration within 30 days after notice is given.  O. Reg. 21/12, s. 24 (1).

(2) If the Registrar suspends the member’s certificate of registration under subsection (1), the Registrar shall lift the suspension upon being satisfied that the member obtains Canadian citizenship or becomes a permanent resident of Canada or attains authorization under the Immigration and Refugee Protection Act (Canada) permitting the member to engage in the practice of the profession.  O. Reg. 21/12, s. 24 (2).

Suspension, professional liability insurance

24.1 (1) If a member ceases or fails to hold professional liability insurance in accordance with the College by-laws, the Registrar shall give the member notice of intention to suspend the member and may suspend the member’s certificate of registration within 30 days after notice is given. O. Reg. 188/21, s. 15.

(2) If the Registrar suspends the member’s certificate of registration under subsection (1), the Registrar shall, subject to section 26, lift the suspension upon being satisfied that the member has acquired the professional liability insurance. O. Reg. 188/21, s. 15.

Suspension, mentorship

24.2 (1) If a holder of an initial certificate of registration ceases or fails to practice under the mentorship of a holder of a general certificate of registration in accordance with section 9, the Registrar may give the member notice of intention to suspend the member and may suspend the member’s certificate of registration within 30 days after notice is given. O. Reg. 188/21, s. 15.

(2) If the Registrar suspends the member’s certificate of registration under subsection (1), the Registrar shall, subject to section 26, lift the suspension upon being satisfied that the member has secured a mentorship in accordance with section 9. O. Reg. 188/21, s. 15.

(3) The time period referred to in subsection 10 (2) may be further extended by the Registrar for an additional period not to exceed the total length of the suspension under subsection (1). O. Reg. 188/21, s. 15.

Suspension, s. 24 of Code

25. If the Registrar suspends the member’s certificate of registration under section 24 of the Health Professions Procedural Code, the Registrar shall lift the suspension upon payment of any applicable fees and penalties.  O. Reg. 21/12, s. 25.

Revocation

26. If a certificate of registration has been suspended under this Regulation or under section 24 of the Health Professions Procedural Code and the suspension has not been lifted, the certificate is revoked on the day that is 12 months after the day it was suspended. O. Reg. 21/12, s. 26; O. Reg. 188/21, s. 16.

Reinstatement

27. (1) A former member whose certificate of registration was revoked under section 26 may apply for the reinstatement of his or her certificate by submitting a completed application to the Registrar in the form provided by the Registrar.  O. Reg. 21/12, s. 27 (1).

(2) The Registrar shall reinstate the former member’s certificate of registration if the following criteria are met:

1.  The former member has paid any applicable fees and penalties required by the by-laws.

2.  The former member has satisfied the Registrar that he or she has corrected the deficiency or deficiencies that provided the grounds for the revocation of his or her certificate.

3.  The Registrar is satisfied that the former member meets all of the requirements for the class of certificate of registration being reinstated, as those requirements read on the day that the applicant submitted the application to the Registrar.  O. Reg. 21/12, s. 27 (2).

Transitional

Transitional

28. (1) A certificate of registration that was valid immediately before the coming into force of this Regulation is deemed to be a certificate of registration under this Regulation, and continues until it is revoked or otherwise expires.  O. Reg. 21/12, s. 28 (1).

(2) If a person submitted an application for a certificate of registration before the coming into force of this Regulation, and that application was still being dealt with at the time this Regulation came into force, Ontario Regulation 543/94 (General) made under the Act, as it read immediately before this Regulation came into force, applies with respect to that application.  O. Reg. 21/12, s. 28 (2).

Part II
records

Interpretation, “record”

29. In this Regulation, a record includes a record in electronic or paper format. O. Reg. 164/15, s. 3.

Duty to keep records up to date, etc.

30. (1) Every member shall, in relation to his or her practice, ensure that his or her records are up to date and made, used, maintained, retained and disclosed in accordance with this Regulation. O. Reg. 164/15, s. 3.

(2) However, if a member is practising the profession in collaboration with any other person, the member shall take reasonable steps to ensure that the records are up to date and made, used, maintained, retained and disclosed in accordance with this Regulation. O. Reg. 164/15, s. 3.

Records to be in English or French

31. Every record must be legible and must be written in English or French. O. Reg. 164/15, s. 3.

Patient health records

32. (1) In this section,

“screening process” means a process where a member applies certain measures that are designed to identify a patient who may have hearing, balance, communication, swallowing or other similar disorders, for the sole purpose of determining the patient’s need for a speech-language pathology assessment, an audiological assessment or both. O. Reg. 164/15, s. 3.

(2) For every patient who is not part of a screening process, a member shall maintain a patient health record that contains the following information:

1.  The patient’s name, address, telephone number and date of birth.

2.  The date and purpose of each professional contact with the patient and whether the contact was made in person, by telephone or electronically.

3.  The name and address of any person who referred the patient to the member, if available.

4.  The patient’s health history, including any educational, developmental or other relevant issues concerning the patient.

5.  The nature and, if known, the result of,

i.  each assessment relating to the patient,

ii.  each clinical finding relating to the patient,

iii.  any recommendation made by the member to the patient,

iv.  each treatment performed, and

v.  any advice given to the patient, including any pre-treatment or post-treatment advice, and the identity of the person who gave the advice if that person was not the member.

6.  The identity of the person who provided any service to the patient, if that person was not the member.

7.  Every referral of the patient by the member to any other person.

8.  Every written report received by the member relating to an assessment, test, consultation or treatment performed by any other person concerning the patient.

9.  Every controlled act, within the meaning of subsection 27 (2) of the Regulated Health Professions Act, 1991, performed by the member on the patient.

10.  If a controlled act has been delegated to the member by a member of a regulated health profession, the name of the other member, the nature of the controlled act and whether the delegated act was performed on the patient.

11.  Every professional service that was commenced but not completed, including the reasons for non-completion.

12.  Every cancellation of an appointment by the patient and, if available, the reason for the cancellation.

13.  Every refusal of a treatment or procedure by the patient or by the patient’s authorized representative.

14.  A record of every consent provided by the patient or by the patient’s authorized representative.

15.  A copy of or, if a copy is not available, the details about any report concerning the patient that was required to be made under the Act, the Regulated Health Professions Act, 1991 or any other law of Ontario or Canada.

16.  A copy of or, if a copy is not available, the details about any legal requirement that compelled the member to disclose any information concerning the patient or the patient’s records, including the name of the person or official to whom the disclosure was made and the nature of the legal requirement.

17.  A report of any adverse outcome relating to the provision of health care services to the patient by the member, including any injury to the patient, the member or any person assisting the member. O. Reg. 164/15, s. 3.

(3) For every patient who is part of a screening process, a member shall maintain a patient health record that contains the following information:

1.  If the patient is not part of a group screening process, the patient’s name and either,

i.  the patient’s address, telephone number and date of birth, or

ii.  a notation of the patient’s refusal to provide some or all of the information described in subparagraph i.

2.  If the patient is part of a group screening process, the patient’s name and a reference to the group with whom the patient is identified.

3.  The date, nature and result of every screening process performed by the member on the patient.

4.  Any action taken by the member as a result of the screening process.

5.  A record of every consent provided by the patient or by the patient’s authorized representative. O. Reg. 164/15, s. 3.

(4) Despite subsections (2) and (3), a member is not required to maintain a patient health record in either of the following circumstances:

1.  The member is part of a multi-disciplinary team whose purpose is to provide a treatment plan, a report or ongoing services to a patient and the patient’s health record is maintained by a person who is part of the team and who is a member of a College under the Regulated Health Professions Act, 1991.

2.  The member provides information to a member of the College or a member of another College under the Regulated Health Professions Act, 1991 in the nature of a consultation. O. Reg. 164/15, s. 3.

(5) Every member shall ensure that,

(a)  every part of a patient health record has a reference identifying the patient; and

(b)  every entry in a patient health record is dated and includes the identity of the person who made or dictated the entry. O. Reg. 164/15, s. 3.

(6) Every member shall retain a patient’s health record for at least 10 years following,

(a)  the date of the member’s last professional contact with the patient, if the patient was 18 years or older on that date; or

(b)  the date that the patient became or would have become 18 years old, if the patient was younger than 18 years on the date of the member’s last professional contact with the patient. O. Reg. 164/15, s. 3.

Patient financial records

33. (1) Subject to subsection (2), every member shall maintain a financial record for each patient that contains the following information regardless of whether the member bills the patient directly for professional products or services provided to the patient or bills a third party:

1.  The patient’s name.

2.  The member’s name.

3.  If the person who provided the professional product or service was not the member, the name of that person.

4.  Each professional product or service provided to the patient and the date it was provided.

5.  The fee charged or received that relates to each professional product or service provided to the patient.

6.  The total fee charged or received for all of the professional products or services.

7.  A record of the receipt given by or on behalf of the member, if available. O. Reg. 164/15, s. 3.

(2) A member is not required to maintain a financial record for a patient if the patient is part of a group screening process referred to in paragraph 2 of subsection 32 (3). O. Reg. 164/15, s. 3.

(3) Every member shall retain a patient’s financial record for at least 10 years following,

(a)  the date of the member’s last professional contact with the patient, if the patient was 18 years or older on that date; or

(b)  the date that the patient became or would have become 18 years old, if the patient was younger than 18 years on the date of the member’s last professional contact with the patient. O. Reg. 164/15, s. 3.

Equipment service records

34. (1) Every member shall maintain an equipment service record that contains servicing information, including the date of every service, for any instrument or equipment that requires servicing and that is used by the member in the practice of the profession. O. Reg. 164/15, s. 3.

(2) Every member shall retain each equipment service record for 10 years from the date of the last servicing entry relating to the instrument or equipment. O. Reg. 164/15, s. 3.

Closure of practice

35. If a member intends to close his or her practice, he or she shall do both of the following:

1.  Take reasonable steps to give appropriate notice of the intended closure to each patient for whom the member has primary responsibility.

2.  Ensure that each patient’s health and financial records are,

i.  transferred to the member’s successor or another member, if the patient so requests,

ii.  retained in a secure manner, or

iii.  disposed of in a secure manner, subject to the requirements to retain the records as set out in subsections 32 (6) and 33 (3). O. Reg. 164/15, s. 3.

Schedule 1

1.  Boards under the Education Act.

2.  Boards of health under the Health Protection and Promotion Act.

3.  Independent health facilities under the Independent Health Facilities Act.

4.  Psychiatric facilities under the Mental Health Act.

5.  Public hospitals under the Public Hospitals Act.

6.  Agencies, boards or commissions as defined by the Government of Ontario.

7.  Long-term care homes under the Fixing Long-Term Care Act, 2021.

8.  Institutions funded by the Minister of Health and Long-Term Care as community health centres, health service organizations, or comprehensive health organizations.

9.  Institutions funded by the Minister of Community and Social Services.

10.  Post-secondary educational institutions.

O. Reg. 21/12, Sched. 1; O. Reg. 293/22, s. 1.