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Medicine Act, 1991

S.O. 1991, CHAPTER 30

Consolidation Period: From December 15, 2009 to the e-Laws currency date.

Last amendment: 2009, c. 26, s. 15.

Definitions

1.  In this Act,

“College” means the College of Physicians and Surgeons of Ontario; (“Ordre”)

“Health Professions Procedural Code” means the Health Professions Procedural Code set out in Schedule 2 to the Regulated Health Professions Act, 1991; (“Code des professions de la santé”)

“member” means a member of the College; (“membre”)

“profession” means the profession of medicine; (“profession”)

“this Act” includes the Health Professions Procedural Code. (“la présente loi”) 1991, c. 30, s. 1.

Health Professions Procedural Code

2.  (1)  The Health Professions Procedural Code shall be deemed to be part of this Act. 1991, c. 30, s. 2 (1).

Terms in Code

(2)  In the Health Professions Procedural Code as it applies in respect of this Act,

“College” means the College of Physicians and Surgeons of Ontario; (“ordre”)

“health profession Act” means this Act; (“loi sur une profession de la santé”)

“profession” means the profession of medicine; (“profession”)

“regulations” means the regulations under this Act. (“règlements”) 1991, c. 30, s. 2 (2).

Definitions in Code

(3)  Definitions in the Health Professions Procedural Code apply with necessary modifications to terms in this Act. 1991, c. 30, s. 2 (3).

Scope of practice

3.  The practice of medicine is the assessment of the physical or mental condition of an individual and the diagnosis, treatment and prevention of any disease, disorder or dysfunction. 1991, c. 30, s. 3.

Authorized acts

4.  In the course of engaging in the practice of medicine, a member is authorized, subject to the terms, conditions and limitations imposed on his or her certificate of registration, to perform the following:

1. Communicating a diagnosis identifying a disease or  disorder as the cause of a person’s symptoms.

2. Performing a procedure on tissue below the dermis, below the surface of a mucous membrane, in or below the surface of the cornea or in or below the surfaces of the teeth.

3. Setting or casting a fracture of a bone or a dislocation of a joint.

4. Moving the joints of the spine beyond a person’s usual physiological range of motion using a fast, low amplitude thrust.

5. Administering a substance by injection or inhalation.

6. Putting an instrument, hand or finger,

i. beyond the external ear canal,

ii. beyond the point in the nasal passages where they normally narrow,

iii. beyond the larynx,

iv. beyond the opening of the urethra,

v. beyond the labia majora,

vi. beyond the anal verge, or

vii. into an artificial opening into the body.

7. Applying or ordering the application of a prescribed form of energy.

8. Prescribing, dispensing, selling or compounding a drug.

9. Prescribing or dispensing, for vision or eye problems, subnormal vision devices, contact lenses or eye glasses.

10. Prescribing a hearing aid for a hearing impaired person.

11. Managing labour or conducting the delivery of a baby.

12. Allergy challenge testing of a kind in which a positive result is a significant allergic response. 1991, c. 30, s. 4.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 4 is amended by the Statutes of Ontario, 2007, chapter 10, Schedule R, section 15 by adding the following paragraph:

13. 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 judgement, insight, behaviour, communication or social functioning.

See: 2007, c. 10, Sched. R, ss. 15, 20 (2).

College continued

5.  The College is continued under the name College of Physicians and Surgeons of Ontario in English and Ordre des médecins et chirurgiens de l’Ontario in French. 1991, c. 30, s. 5.

Non-traditional practice

5.1  A member shall not be found guilty of professional misconduct or of incompetence under section 51 or 52 of the Health Professions Procedural Code solely on the basis that the member practises a therapy that is non-traditional or that departs from the prevailing medical practice unless there is evidence that proves that the therapy poses a greater risk to a patient’s health than the traditional or prevailing practice. 2000, c. 28, s. 1.

Council

6.  (1)  The Council shall be composed of,

(a) at least 15 and no more than 16 persons who are members elected in accordance with the by-laws;

(b) at least thirteen and no more than fifteen persons appointed by the Lieutenant Governor in Council who are not,

(i) members,

(ii) members of a College as defined in the Regulated Health Professions Act, 1991, or

(iii) members of a Council as defined in the Regulated Health Professions Act, 1991; and

(c) three persons selected, in accordance with a by-law made under section 12.1, from among members who are members of a faculty of medicine of a university in Ontario. 1991, c. 30, s. 6 (1); 1998, c. 18, Sched. G, s. 35 (1, 2).

Who can vote in elections

(2)  Subject to the by-laws, every member who practises or resides in Ontario and who is not in default of payment of the annual membership fee is entitled to vote in an election of members of the Council. 1991, c. 30, s. 6 (2); 1998, c. 18, Sched. G, s. 35 (3).

President and Vice-President

7.  The Council shall have a President and Vice-President who shall be elected annually by the Council from among the Council’s members. 1991, c. 30, s. 7.

8.  Repealed: 2007, c. 10, Sched. G, s. 35.

Restricted titles

9.  (1)  No person other than a member shall use the titles “osteopath”, “physician” or “surgeon”, a variation or abbreviation or an equivalent in another language. 1991, c. 30, s. 9 (1).

Dentists excepted

(2)  Subsection (1) does not apply to the use of the title “surgeon”, a variation or abbreviation or an equivalent in another language by a member of the Royal College of Dental Surgeons of Ontario. 1991, c. 30, s. 9 (2).

Representations of qualification, etc.

(3)  No person other than a member shall hold himself or herself out as a person who is qualified to practise in Ontario as an osteopath, physician or surgeon or in a specialty of medicine. 1991, c. 30, s. 9 (3).

Definition

(4)  In this section,

“abbreviation” includes an abbreviation of a variation. 1991, c. 30, s. 9 (4).

Notice if suggestions referred to Advisory Council

10.  (1)  The Registrar shall give a notice to each member if the Minister refers, to the Advisory Council as defined in the Regulated Health Professions Act, 1991, a suggested,

(a) amendment to this Act;

(b) amendment to a regulation made by the Council; or

(c) regulation to be made by the Council. 1991, c. 30, s. 10 (1).

Requirements re notice

(2)  A notice mentioned in subsection (1) shall set out the suggestion referred to the Advisory Council and the notice shall be given within thirty days after the Council of the College receives the Minister’s notice of the suggestion. 1991, c. 30, s. 10 (2).

Offence

11.  Every person who contravenes subsection 9 (1) or (3) is guilty of an offence and on conviction is liable to a fine of not more than $25,000 for a first offence and not more than $50,000 for a second or subsequent offence. 2007, c. 10, Sched. B, s. 12 (1).

Regulations

12.  Subject to the approval of the Lieutenant Governor in Council and with prior review by the Minister, the Council may make regulations,

(a) regulating and governing the prescribing, dispensing, compounding and selling of drugs by members in the course of engaging in the practice of medicine and ancillary matters, including establishing requirements and setting prohibitions;

(b) requiring members to keep records respecting the prescribing, dispensing, compounding and selling of drugs and providing for the contents of those records;

(c) requiring members to provide the College or the Minister with reports respecting the prescribing, dispensing, compounding and selling of drugs and providing for the contents of those reports. 2009, c. 26, s. 15.

By-laws

12.1  The Council may make by-laws respecting the qualifications, selection and terms of office of Council members who are selected. 1998, c. 18, Sched. G, s. 35 (4).

Transitional

13.  A person who, on the day before this Act comes into force, held a licence issued under Part III of the Health Disciplines Act shall be deemed to be the holder of a certificate of registration issued under this Act subject to any term, condition or limitation to which the licence was subject. 1991, c. 30, s. 13.

14., 15.  Repealed: 2007, c. 10, Sched. B, s. 12 (2).

16.  Omitted (provides for coming into force of provisions of this Act). 1991, c. 30, s. 16.

17.  Omitted (enacts short title of this Act). 1991, c. 30, s. 17.

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