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Medical Laboratory Technology Act, 1991
Loi de 1991 sur les technologistes de laboratoire médical

ONTARIO REGULATION 207/94

Amended to O. Reg. 475/01

GENERAL

Historical version for the period December 14, 2001 to October 27, 2005.

This Regulation is made in English only.

PART I (ss. 1-4) Revoked: O. Reg. 475/01, s. 1.

PART II (ss. 5-11) Revoked: O. Reg. 94/01, s. 1.

PART III
PERSONS PRESCRIBED TO ORDER TESTS

12. For the purposes of subsection 5 (1) of the Act, the following are prescribed persons:

1. A member of the College of Midwives of Ontario.

2. A member of the College of Nurses of Ontario who holds an extended certificate of registration under the Nursing Act, 1991. O. Reg. 48/98, s. 1.

PART IV
QUALITY ASSURANCE

General

13. (1) In this Part,

“assessor” means an assessor appointed under section 81 of the Health Professions Procedural Code;

“Committee” means the Quality Assurance Committee. O. Reg. 328/98, s. 1.

(2) This Part applies only with respect to members who hold a general certificate of registration. O. Reg. 328/98, s. 1.

14. The Committee shall administer the quality assurance program, which shall include the following components:

1. Professional portfolio.

2. Practice review.

3. Technical competence evaluation.

4. Remediation of behaviour and remarks of a sexual nature by a member towards a patient that are not of a nature appropriate to the service provided. O. Reg. 328/98, s. 1.

Professional Portfolio

15. (1) A member shall complete a self-assessment provided by the Committee once every two years or at such other times as the Committee considers necessary. O. Reg. 328/98, s. 1.

(2) The member shall maintain a professional portfolio, consisting of his or her most recently completed self-assessment, a career summary and a record of the continuing education and professional activities carried out by the member in accordance with guidelines on such activities published by the College and distributed to the members. O. Reg. 328/98, s. 1.

(3) On request, the member shall submit the professional portfolio to the Committee within 30 days of the request. O. Reg. 328/98, s. 1.

Practice Review

16. (1) The purpose of a practice review is to provide an objective audit of a member’s practice in relation to the standards of practice of the profession. O. Reg. 328/98, s. 1.

(2) Each year the College shall select at random the names of members required to undergo a practice review. O. Reg. 328/98, s. 1.

(3) A member is required to undergo a practice review by an assessor if his or her name is selected at random and may be required to undergo a practice review based on criteria issued by the Committee, published by the College and distributed to the members. O. Reg. 328/98, s. 1.

(4) The assessor shall give the Committee and the member a written report of the practice review. O. Reg. 328/98, s. 1.

(5) After considering the report, the Committee may decide,

(a) to give the member an opportunity to correct any deficiencies identified by the Committee;

(b) to require the member to participate in a technical competence evaluation under section 17; or

(c) to take no action. O. Reg. 328/98, s. 1.

(6) Where the Committee decides to take action under clause (5) (a) or (b), it may, at the time of the decision or a later time, require the member to undergo a further practice review, and subsections (4) and (5) apply to such a review. O. Reg. 328/98, s. 1.

Technical Competence Evaluation

17. (1) The purpose of the technical competence evaluation referred to in clause 16 (5) (b) is to evaluate the member’s knowledge, skills, judgment and technical performance in one or more of the specialties in which the member is registered to practise. O. Reg. 328/98, s. 1.

(2) The Committee may require a member to participate in a technical competence evaluation if the Committee is of the opinion, based on a review of the member’s professional portfolio, the report of a practice review or any other written information, that the member’s technical competence is deficient. O. Reg. 328/98, s. 1.

(3) A technical competence evaluation shall reflect the member’s type of practice and may include,

(a) requiring the member to answer, orally or in writing, questions that relate to the member’s type of practice;

(b) requiring the member to undergo a practical evaluation of his or her abilities in the specialties in which the member is registered to practise;

(c) requiring the member to solve simulated problems or case studies that relate to the member’s type of practice. O. Reg. 328/98, s. 1.

(4) The technical competence evaluation shall be carried out by the person or body designated by the Committee.

(5) When the member has completed the technical competence evaluation, the person or body designated under subsection (4) shall give the Committee and the member a written report of the evaluation. O. Reg. 328/98, s. 1.

(6) After considering the report, the Committee may decide,

(a) to give the member an opportunity to correct any deficiencies in technical competence identified by the Committee;

(b) to require the member to participate in a remedial education program specified by the Committee;

(c) subject to section 18, to direct the Registrar to impose terms, conditions or limitations on the member’s certificate of registration; or

(d) to take no action. O. Reg. 328/98, s. 1.

(7) Where the Committee decides to take action under clause (6) (a), (b) or (c), it may, at the time of the decision or at a later time, require the member to undergo a re-evaluation of his or her technical competence, and subsections (4) to (6) apply to such a re-evaluation. O. Reg. 328/98, s. 1.

18. (1) The Committee may direct the Registrar to impose terms, conditions or limitations on a member’s certificate of registration for a specified period not exceeding six months, if,

(a) a technical competence evaluation or re-evaluation has demonstrated that the member’s knowledge, skills, judgment and technical performance are deficient;

(b) the member has failed to participate in a remedial education program as required by the Committee under clause 17 (6) (b); or

(c) the member has not successfully completed the remedial education program. O. Reg. 328/98, s. 1.

(2) Before terms, conditions or limitations are imposed on a member’s certificate of registration under subsection (1), the member shall be notified of the Committee’s intention to make a direction and be given 15 days from receipt of the notice to make written submissions to the Committee, and the Committee shall consider any such submissions. O. Reg. 328/98, s. 1.

(3) If the Registrar imposes terms, conditions or limitations on a member’s certificate of registration for a specified period pursuant to a direction given by the Committee under subsection (1), the Committee may direct the Registrar to remove the terms, conditions or limitations before the end of the specified period if the Committee is satisfied that the member’s knowledge, skills, judgment and technical performance are no longer deficient. O. Reg. 328/98, s. 1.

Measures Following Alleged Behaviour or Remarks of a Sexual Nature

19. The Committee may require a member to undergo a psychological assessment or another assessment specified by the Committee if a matter respecting the member is referred to the Committee under subsection 26 (3) or section 79.1 of the Health Professions Procedural Code. O. Reg. 328/98, s. 1.

20. The Committee may require a member to undertake measures specified by the Committee, such as education, therapy or counselling, if, after receiving a report of an assessment carried out under section 19, the Committee is of the opinion that such measures will promote an improvement in the member’s behaviour or the elimination of inappropriate remarks of a sexual nature. O. Reg. 328/98, s. 1.

21. The Committee shall only take action with respect to a member under section 19 or 20 if,

(a) the member admits to the behaviour or remarks towards the patient that are alleged;

(b) there is no pending allegation of sexual abuse against the member before the Discipline Committee and no finding of sexual abuse has been made against the member by the Discipline Committee; and

(c) there is no pending review by the Board of the referral to the Committee and no disposition by the Board inconsistent with the referral to the Committee. O. Reg. 328/98, s. 1.

22. (1) The Committee may direct the Registrar to impose terms, conditions or limitations on a member’s certificate of registration, for a specified period not exceeding six months, if the member refuses to undergo an assessment under section 19 or refuses to undertake, or fails to complete, specified measures under section 20. O. Reg. 328/98, s. 1.

(2) Before terms, conditions or limitations are imposed on a member’s certificate of registration under subsection (1), the member shall be notified of the Committee’s intention to make a direction and be given 15 days from receipt of the notice to make written submissions to the Committee, and the Committee shall consider any such submissions. O. Reg. 328/98, s. 1.

PART V
NOTICE OF MEETINGS AND HEARINGS

23. (1) The Registrar shall ensure that notice of every Council meeting that is required to be open to the public under the Act is given in accordance with this Part. O. Reg. 316/99, s. 1.

(2) The notice shall be published in a newspaper or newspapers of general circulation within the province at least 14 days before the date of the meeting. O. Reg. 316/99, s. 1.

(3) The notice shall also be published in a College communication sent to members at least 14 days before the date of the meeting. O. Reg. 316/99, s. 1.

(4) The notice shall be in both English and French. O. Reg. 316/99, s. 1.

(5) The notice shall include the date, time and place of the meeting and a statement of its purpose. O. Reg. 316/99, s. 1.

(6) The Registrar shall give notice of Council meetings to every person who requests it. O. Reg. 316/99, s. 1.

(7) The Registrar shall post the notice at the College’s offices. O. Reg. 316/99, s. 1.

(8) Where the College determines that an emergency meeting of Council is necessary and that meeting is required to be open to the public under the Act, notice of the meeting is sufficiently given if the Registrar informs the Minister of the date, time, place and purpose of the meeting and provides that information on the Internet, through a website of the College at www.cmlto.com. O. Reg. 316/99, s. 1.

24. (1) The Registrar shall ensure that information concerning every hearing into allegations of professional misconduct or incompetence held by a panel of the Discipline Committee is given to every person who requests it. O. Reg. 316/99, s. 1.

(2) The information to be provided shall include the name of the member against whom the allegations have been made, the intended date, time and place of the hearing and a statement of the purpose of the hearing. O. Reg. 316/99, s. 1.

(3) For requests received more than 30 days before the intended date of the hearing, the Registrar shall, where possible, provide the information at least 30 days before that date. O. Reg. 316/99, s. 1.

(4) For requests received less than 30 days before the intended date of the hearing, the Registrar shall provide the information as soon as reasonably possible before that date. O. Reg. 316/99, s. 1.

(5) The information shall be made available in English or, upon request, in French. O. Reg. 316/99, s. 1.

PART VI
PUBLICATION OF DECISIONS OF COMMITTEE PANELS

25. The College shall publish the decisions and reasons for decisions, or a summary of such reasons, of a panel of the Discipline Committee in a newsletter sent to the members. O. Reg. 316/99, s. 1.

26. (1) The College shall publish decisions of panels of the Fitness to Practice Committee and the reasons for decisions, or a summary of such reasons, in the annual report. O. Reg. 316/99, s. 1.

(2) A publication under subsection (1) shall not identify the member who is the subject of the decision. O. Reg. 316/99, s. 1.