Medicine Act, 1991
Loi de 1991 sur les médecins
ONTARIO REGULATION 865/93
REGISTRATION
Consolidation Period: From May 18, 2012 to the e-Laws currency date.
Last amendment: 93/12.
Legislative History: 56/94, 123/03, 498/07, 93/12.
This Regulation is made in English only.
Definitions and General Requirements
definitions
1.In this Regulation,
“accredited medical school” means a medical school accredited by the Committee on Accreditation of Canadian Medical Schools or by the Liaison Committee on Medical Education;
“degree in medicine” means,
(a)an M. D. or equivalent basic degree in medicine from a medical school that was, at the time of graduation, an accredited medical school, based upon successful completion of an undergraduate program of medical education that included a clerkship of at least forty weeks taken as part of the second half of the undergraduate program of medical education that includes,
(i)clinical education of at least,
(A)eight weeks in internal medicine,
(B)eight weeks in surgery,
(C)four weeks in obstetrics and gynaecology,
(D)four weeks in paediatrics, and
(E)four weeks in psychiatry,
(ii)clinical education of at least four weeks in family medicine or an alternative program to develop the knowledge, skills, attitudes and behaviours necessary to enter postgraduate education in family medicine or primary medical care,
(iii)instruction and experience in both ambulatory and hospital settings, and
(iv)the major aspects of acute, chronic, continuing, preventive and rehabilitative care, or
(b)an M. D. or equivalent basic degree in medicine, based upon successful completion of a conventional undergraduate program of education in allopathic medicine that,
(i)teaches medical principles, knowledge and skills similar to those taught in undergraduate programs of medical education at accredited medical schools,
(ii)includes at least 130 weeks of instruction over a minimum of thirty-six months, and
(iii)was, at the time of graduation, listed in the World Directory of Medical Schools published by the World Health Organization. O.Reg. 865/93, s. 1.
general requirements
2.(1)It is a non-exemptible standard and qualification for a certificate of registration that the applicant’s past and present conduct afford reasonable grounds for belief that the applicant,
(a)is mentally competent to practise medicine;
(b)will practise medicine with decency, integrity and honesty and in accordance with the law;
(c)has sufficient knowledge, skill and judgment to engage in the kind of medical practice authorized by the certificate; and
(d)can communicate effectively and will display an appropriately professional attitude. O.Reg. 865/93, s. 2(1).
(2)It is a standard and qualification for a certificate of registration that the applicant,
(a)submit to the College a completed application for the class of certificate for which application is made, in a form provided by the College;
(b)has one of the following:
(i)for a certificate of registration authorizing independent practice, Canadian citizenship or permanent resident status,
(ii)for a certificate of registration authorizing academic practice, Canadian citizenship, permanent resident status or a work permit issued under theImmigration and Refugee Protection Act (Canada) consistent with the practice for which the certificate is issued, or
(iii)for a certificate of registration authorizing postgraduate education by reason of section 11, 12, 13 or 15, Canadian citizenship, permanent resident status or a work permit issued under the Immigration and Refugee Protection Act (Canada) for the program of postgraduate medical education in which the applicant is appointed;
(c)pay the relevant application fee and annual membership fee;
(d)establish his or her identity, provide documentation relating to the registration requirements and attend in person at the College for those purposes if requested; and
(e)have professional liability protection that extends to all areas of practice in compliance with the by-laws. O.Reg. 865/93, s. 2(2); O.Reg. 498/07, s.1 (1); O.Reg. 93/12, s.1.
(3)It is a term, condition and limitation of a certificate of registration that the certificate expires when the holder,
(a)no longer has the standards and qualifications required by clause (2) (b); or
(b)no longer has the professional liability protection required by clause (2) (e). O.Reg. 498/07, s.1 (2).
(4)Despite any other provision in this Regulation, an applicant who makes any false or misleading representation or declaration on or in connection with an application, by commission or omission, shall be deemed thereafter not to have, and not to have had, the standards and qualifications for a certificate of any class. O.Reg. 865/93, s. 2(4).
(5)It is a term, condition and limitation of a certificate of registration that the holder practise only in the areas of medicine in which the holder is educated and experienced. O.Reg. 865/93, s. 2(5).
(6)If a member fails to provide to the College information about the member or a declaration required under the by-laws, in the form and manner required under the by-laws, the Registrar may give the member notice of intention to suspend the member and may suspend the member’s certificate of registration for failure to provide the information or declaration 60 days after notice is given. O.Reg. 498/07, s.1 (3).
(7)If a member fails to provide to the College evidence that the member holds professional liability protection in compliance with the by-laws when the College requests it, the Registrar shall immediately give the member notice of intention to suspend the member and may suspend the member’s certificate of registration for failure to provide the evidence 15 days after notice is given. O.Reg. 498/07, s.1 (3).
Classes of Certificates of Registration Authorizing Practice
independent practice
3.(1)The standards and qualifications for a certificate of registration authorizing independent practice are as follows:
1.The applicant must have a degree in medicine.
2.The applicant must have successfully completed Part 1 and Part 2 of the Medical Council of Canada Qualifying Examination.
3.The applicant must have completed one of the following:
i.A clerkship at an accredited medical school in Canada which meets the criteria of a clerkship in clause (a) of the definition of “degree in medicine” in section 1.
ii.A year of postgraduate medical education at an accredited medical school in Canada.
iii.A year of active medical practice in Canada which includes significant clinical experience pertinent to the applicant’s area of medical practice.
4.The applicant must have certification by examination by the Royal College of Physicians and Surgeons of Canada or by the College of Family Physicians of Canada. O.Reg. 865/93, s. 3(1).
(2)An applicant who holds a certificate of registration authorizing academic practice and an appointment described in paragraph 2 of subsection 4 (1) is exempt from the standards and qualifications required under paragraphs 2, 3 and 4 of subsection (1) if the applicant satisfies the following standards and qualifications:
1.The applicant must have held the certificate and the appointment continuously for the three years immediately preceding the application.
2.The applicant must have, for the three years immediately preceding the application, continuously maintained an active medical practice in a clinical teaching unit formally affiliated with the medical school department in which he or she holds the professorial appointment.
3.The applicant must have permanent certification or certification by examination by the Royal College of Physicians and Surgeons of Canada or by the College of Family Physicians of Canada. O.Reg. 865/93, s. 3(2).
(3)An applicant is exempt from the requirement of successfully completing Part 1 and Part 2 of the Medical Council of Canada Qualifying Examination under paragraph 2 of subsection (1), if,
(a)on or before December 31, 1991, the applicant had,
(i)successfully completed the qualifying examination of the Medical Council of Canada,
(ii)successfully completed the examinations for the diploma of the National Board of Medical Examiners of the United States of America, or
(iii)obtained one of the following scores on the Licensing Examination of the Federation of State Medical Boards of the United States of America:
(A)if the examination was taken before July 1, 1985, a weighted score average of seventy-five using the weighting formula of 1/6 for Part 1 of Component 1, 2/6 for Part 2 of Component 1 and 3/6 for Component 2, or
(B)if the examination was taken after July 1, 1985, a score of seventy-five on each of Component 1 and Component 2; or
(b)on or before December 31, 1993, the applicant had applied for registration and successfully completed Part 1 of the Medical Council of Canada Qualifying Examination. O. Reg. 865/93, s.3 (3); O. Reg. 56/94, s. 1.
(4)An applicant described in subsection (5) is exempt from the standards and qualifications required under paragraphs 2, 3 and 4 of subsection (1) if the applicant satisfies the following standards and qualifications:
1.The applicant must have certification by the Royal College of Physicians and Surgeons of Canada by examination passed ten years prior to application.
2.The applicant must have maintained an active medical practice while holding an academic or hospital practice licence, or a certificate of registration authorizing academic practice or hospital practice, continuously for the ten years immediately preceding the application. O.Reg. 865/93, s. 3(4).
(5)Subsection (4) applies to an applicant who, on October 31, 1992, held an academic practice licence or a hospital practice licence under a predecessor of the Act. O.Reg. 865/93, s. 3(5).
(6)A former member whose certificate of registration authorizing independent practice has expired under clause 16 (1) (a), (b) or (c) shall, upon application for reinstatement, be deemed to have met the standards and qualifications in this section if he or she,
(a)held the certificate for a continuous period of at least one year; and
(b)submits the application form required by clause 2 (2) (a) within one year after the expiry under clause 16 (1) (a), (b) or (c). O.Reg. 498/07, s.2.
(7)Subject to section 10 (restricted certificates), a person who, on the day this Regulation comes into force, holds an independent practice licence issued under a predecessor of the Act is deemed to be the holder of a certificate of registration authorizing independent practice under the Act. O.Reg. 865/93, s. 3(7).
3.1(1)Where section 22.18 of the Health Professions Procedural Code applies to an applicant for a certificate of registration authorizing independent practice, the applicant is deemed to have met the requirements of subsection 3 (1). O.Reg. 93/12, s.2.
(2)Where an applicant to whom subsection (1) applies is unable to satisfy the Registrar or a panel of the Registration Committee that the applicant practised the profession of medicine to the extent that would be permitted by a certificate of registration authorizing independent practice at any time in the three years immediately preceding 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. 93/12, s.2.
(3)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. 93/12, s.2.
academic practice
4.(1)The standards and qualifications for a certificate of registration authorizing academic practice are as follows:
1.The applicant must have a degree in medicine.
2.The applicant must have a geographical full-time teaching appointment or a geographical full-time research appointment to the academic staff of an accredited medical school in Ontario at the rank of full or associate professor.
3.The applicant must have certification by the Royal College of Physicians and Surgeons of Canada or by the College of Family Physicians of Canada. O.Reg. 865/93, s. 4(1).
(2)Subject to section 10 (restricted certificates), a person who, on the day this Regulation comes into force, holds an academic licence issued under a predecessor of the Act is deemed to be the holder of a certificate of registration authorizing academic practice under this Act. O.Reg. 865/93, s. 4(2).
(3)It is a term, condition and limitation of a certificate of registration authorizing academic practice that,
(a)the holder practise medicine only,
(i)in a clinical teaching unit formally affiliated with the medical school department in which he or she holds the professorial appointment, and
(ii)to the extent required by the teaching or research requirements of that appointment; and
(b)the certificate terminates when the holder no longer holds an appointment in accordance with paragraph 2 of subsection (1) or is no longer certified in accordance with paragraph 3 of subsection (1). O.Reg. 865/93, s. 4(3).
4.1(1)Where section 22.18 of the Health Professions Procedural Code applies to an applicant for a certificate of registration authorizing academic practice, the applicant is deemed to have met the requirements of paragraphs 1 and 3 of subsection 4 (1). O.Reg. 93/12, s.3.
(2)Where an applicant to whom subsection (1) applies is unable to satisfy the Registrar or a panel of the Registration Committee that the applicant practised the profession of medicine to the extent that would be permitted by a certificate of registration authorizing academic practice at any time in the three years immediately preceding 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. 93/12, s.3.
(3)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. 93/12, s.3.
academic visitor
5.(1)The standards and qualifications for a certificate of registration authorizing academic practice by a visitor are as follows:
1.The applicant must have a degree in medicine.
2.The applicant must have an established scholarly career in medical teaching or research at a medical school outside Ontario, and a permanent appointment to the academic staff of the medical school primarily for the purpose of teaching or research.
3.The applicant must give an undertaking to fulfill the medical school’s expectation that the applicant will return to the appointment referred to in paragraph 2 upon the expiry of the certificate.
4.The applicant must have a qualification as a medical specialist that is recognized by the medical licensing authority in the jurisdiction where the applicant holds his or her medical school appointment.
5.The applicant must hold an appointment by the dean of an accredited medical school in Ontario primarily to provide undergraduate or postgraduate medical education, or medical research, or both, for a specified period of time which does not exceed twelve months. O.Reg.865/93, s.5(1).
(2)It is a non-exemptible standard and qualification for a certificate of registration authorizing academic practice by a visitor that twelve months have elapsed since the expiry of the last of any previously issued such certificates to the applicant. O.Reg.865/93, s.5(2).
(3)It is a term, condition and limitation of a certificate of registration authorizing academic practice by a visitor that,
(a)the holder practise medicine only,
(i)in a clinical teaching unit formally affiliated with the medical school department in which he or she holds his or her appointment as a visitor, and
(ii)to the extent required by the teaching or research requirements of that appointment:
(b)the holder not charge a fee for medical services; and
(c)the certificate expires on the earlier of the following days:
(i)the day the holder no longer holds an appointment in accordance with paragraph 5 of subsection (1), or
(ii)the day the period specified under paragraph 5 of subsection (1) ends, unless the Registration Committee extends the period by a period not exceeding three months. O.Reg.865/93, s.5(3).
5.1(1)Where section 22.18 of the Health Professions Procedural Code applies to an applicant for a certificate of registration authorizing academic practice by a visitor, the applicant is deemed to have met the requirements of paragraphs 1 and 4 of subsection 5 (1) as well as the requirement that the applicant have an established scholarly career in medical teaching or research at a medical school outside Ontario as that requirement is set out in paragraph 2 of that subsection. O.Reg. 93/12, s.5.
(2)Where an applicant to whom subsection (1) applies is unable to satisfy the Registrar or a panel of the Registration Committee that the applicant practised the profession of medicine to the extent that would be permitted by a certificate of registration authorizing academic practice by a visitor at any time in the three years immediately preceding 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. 93/12, s.5.
(3)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. 93/12, s.5.
supervised practice of short duration
6.(1)The standards and qualifications for a certificate of registration authorizing supervised practice of a short duration are as follows:
1.The applicant must have a degree in medicine.
2.The applicant must hold an appointment by,
i.an accredited medical school in Ontario,
ii.a hospital approved under the Public Hospitals Act or an institution designated as a psychiatric facility by the regulations made under the Mental Health Act, or
iii.the Crown in right of Canada or of Ontario or an agency of the Crown.
3.The applicant’s appointment must be solely for the purpose of providing,
i.assistance that would otherwise not be available promptly for an individual’s medical problem in Ontario that requires remedy on an urgent basis,
ii.medical services for a short interval that would otherwise be unavailable because of a lack of persons to provide them, or
iii.a brief continuing medical education program primarily for the benefit of members holding a certificate of registration authorizing independent or academic practice.
4.A member holding a certificate of registration authorizing independent practice must give an undertaking to supervise the applicant and be responsible for providing continuing care for patients attended by the applicant in Ontario. O.Reg. 865/93, s.6(1).
(2)The terms, conditions and limitations of a certificate of registration authorizing supervised practice of a short duration are that,
(a)the holder practise medicine only to the extent required by the holder’s appointment and under the supervision of the member who gave the undertaking; and
(b)the certificate expires on the earliest of the following days:
(i)the day of the expiry of the holder’s appointment,
(ii)the day when the holder leaves Ontario, or
(iii)the thirtieth day after the certificate is issued. O.Reg. 865/93, s.6(2).
public service practice
7.(1)Subject to section 10 (restricted certificates), a person who, on December 31, 1993, holds or is deemed to hold a Public Service licence under a predecessor of the Act and is employed by the Crown in right of Canada or of Ontario, an agency of the Crown or a board of health within the meaning of the Health Protection and Promotion Act, is deemed to be the holder of a certificate of registration authorizing public service practice under the Act. O.Reg. 865/93, s.7(1).
(2)The terms, conditions and limitations of a certificate of registration authorizing public service practice are that,
(a)the holder practise medicine only to the extent required by the holder’s employment by the Crown, agency or board of health that employed the holder on December 31, 1993; and
(b)the certificate expires when the Crown, agency or board of health that employed the holder on December 31, 1993 ceases to employ the holder. O.Reg. 865/93, s.7(2).
practice in an underserviced area
8.(1)Subject to section 10 (restricted certificates), a person who, on December 31, 1993, is deemed to hold an Underserviced Area licence under a predecessor of the Act is deemed to be the holder of a certificate of registration authorizing practice in an underserviced area under the Act. O.Reg. 865/93, s.8(1).