Regulated Health Professions Act 1991 PDF

Regulated Health Professions Act, 1991 S.O. 1991, c. 18 Amended by: 1993, c. 37; 1996, c. 1, Sched. G, s. 27; 1998, c. 18, Sched. G, ss. 1-23; 2000, c. 26, Sched. H, s. 3; 2000, c. 42, Sched., ss. 29-40. Definitions 1. (1) In this Act, “Advisory...

Regulated Health Professions Act, 1991 S.O. 1991, c. 18 Amended by: 1993, c. 37; 1996, c. 1, Sched. G, s. 27; 1998, c. 18, Sched. G, ss. 1-23; 2000, c. 26, Sched. H, s. 3; 2000, c. 42, Sched., ss. 29-40. Definitions 1. (1) In this Act, “Advisory Council” means the Health Professions Regulatory Advisory Council; (“Conseil consultatif”) “Board” means the Health Professions Appeal and Review Board under the Ministry of Health Appeal and Review Boards Act, 1998; (“Commission”) Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is amended by the Statutes of Ontario, 2000, chapter 42, Schedule, section 29 by adding the following definition: “certificate of authorization” means a certificate of authorization issued under this Act or the Code; (“certificat d’autorisation”) See: 2000, c. 42, Sched., ss. 29, 48. “Code” means the Health Professions Procedural Code in Schedule 2; (“Code”) “College” means the College of a health profession or group of health professions established or continued under a health profession Act; (“ordre”) “Council” means the Council of a College; (“conseil”) “health profession” means a health profession set out in Schedule 1; (“profession de la santé”) “health profession Act” means an Act named in Schedule 1; (“loi sur une profession de la santé”) 1  2 Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is amended by the Statutes of Ontario, 2000, chapter 42, Schedule, section 29 by adding the following definition: “health profession corporation” means a corporation incorporated under the Business Corporations Act that holds a valid certificate of authorization issued under this Act or the Code; (“société professionnelle de la santé”) See: 2000, c. 42, Sched., ss. 29, 48. “member” means a member of a College; (“membre”) “Minister” means the Minister of Health. (“ministre”) 1991, c. 18, s. 1 (1); 1998, c. 18, Sched. G, s. 1. Hearing not required unless referred to (2) Nothing in this Act shall be construed to require a hearing to be held within the meaning of the Statutory Powers Procedure Act unless the holding of a hearing is specifically referred to. 1991, c. 18, s. 1 (2). Administration of Act 2. The Minister is responsible for the administration of this Act. 1991, c. 18, s. 2. Duty of Minister 3. It is the duty of the Minister to ensure that the health professions are regulated and co-ordinated in the public interest, that appropriate standards of practice are developed and maintained and that individuals have access to services provided by the health professions of their choice and that they are treated with sensitivity and respect in their dealings with health professionals, the Colleges and the Board. 1991, c. 18, s. 3. Code 4. The Code shall be deemed to be part of each health profession Act. 1991, c. 18, s. 4. Powers of Minister 5. (1) The Minister may, (a) inquire into or require a Council to inquire into the state of practice of a health profession in a locality or institution; (b) review a Council’s activities and require the Council to provide reports and information;  3 (c) require a Council to make, amend or revoke a regulation under a health profession Act or the Drug and Pharmacies Regulation Act; (d) require a Council to do anything that, in the opinion of the Minister, is necessary or advisable to carry out the intent of this Act, the health profession Acts or the Drug and Pharmacies Regulation Act. Council to comply with Minister’s request (2) If the Minister requires a Council to do anything under subsection (1), the Council shall, within the time and in the manner specified by the Minister, comply with the requirement and submit a report. Regulations (3) If the Minister requires a Council to make, amend or revoke a regulation under clause (1) (c) and the Council does not do so within sixty days, the Lieutenant Governor in Council may make, amend or revoke the regulation. Idem (4) Subsection (3) does not give the Lieutenant Governor in Council authority to do anything that the Council does not have authority to do. Expenses of Colleges (5) The Minister may pay a College for expenses incurred in complying with a requirement under subsection (1). 1991, c. 18, s. 5. Annual report 6. (1) Each College and the Advisory Council shall report annually to the Minister on its activities and financial affairs. 1998, c. 18, Sched. G, s. 2 (1). Five year report (2) The Advisory Council shall report to the Minister, within five years after this section comes into force, on the effectiveness of, (a) each College’s patient relations and quality assurance programs; and (b) each College’s complaints and discipline procedures with respect to professional misconduct of a sexual nature. 1991, c. 18, s. 6 (2). Audited financial statement (3) Each College’s annual report shall include an audited financial statement. 1998, c. 18, Sched. G, s. 2 (2). ADVISORY COUNCIL  4 Advisory Council 7. (1) The Advisory Council is established under the name Health Professions Regulatory Advisory Council in English and Conseil consultatif de réglementation des professions de la santé in French. Composition (2) The Advisory Council shall be composed of at least five and no more than seven persons who shall be appointed by the Lieutenant Governor in Council on the Minister’s recommendation. Chair and vice-chair (3) The Lieutenant Governor in Council shall designate one member of the Advisory Council to be the chair and one to be the vice-chair. 1991, c. 18, s. 7. Qualification of members 8. A person may not be appointed as a member of the Advisory Council if the person, (a) is employed in the public service of Ontario or by a Crown agency as defined in the Crown Agency Act; or (b) is or has been a member of a Council or College. 1991, c. 18, s. 8. Terms of members 9. (1) Members of the Advisory Council shall be appointed for terms of two years. Replacement members (2) A person appointed to replace a member of the Advisory Council before the member’s term expires shall hold office for the remainder of the term. Reappointments (3) Members of the Advisory Council are eligible for reappointment. Initial members (4) The initial members of the Advisory Council may be appointed for terms of one, two or three years. 1991, c. 18, s. 9. Remuneration and expenses 10. The members of the Advisory Council shall be paid the remuneration and expenses the Lieutenant Governor in Council determines. 1991, c. 18, s. 10.  5 Duties of Advisory Council 11. (1) The Advisory Council’s duties are to advise the Minister on, (a) whether unregulated professions should be regulated; (b) whether regulated professions should no longer be regulated; (c) suggested amendments to this Act, a health profession Act or a regulation under any of those Acts and suggested regulations under any of those Acts; (d) matters concerning the quality assurance programs undertaken by Colleges; and (e) any matter the Minister refers to the Advisory Council relating to the regulation of the health professions, including any matter described in clauses (a) to (d). Additional duty (2) It is the Advisory Council’s duty to monitor each College’s patient relations program and to advise the Minister about its effectiveness. 1991, c. 18, s. 11. Referrals to the Advisory Council 12. The Minister shall refer to the Advisory Council any issue within the matters described in clauses 11 (1) (a) to (d) that a Council or person requests the Minister to refer to the Advisory Council unless, in the Minister’s opinion, the request is not made in good faith or is frivolous or vexatious. 1991, c. 18, s. 12. Notice of amendments to Councils 13. (1) If the Minister refers a suggested amendment to this Act, a health profession Act or a regulation under any of those Acts or a suggested regulation under any of those Acts to the Advisory Council, the Minister shall give notice of the suggestion to the Council of every College within ten days after referring it. Submissions to Advisory Council (2) A Council may make written submissions to the Advisory Council with respect to a suggestion within forty-five days after receiving the Minister’s notice of the suggestion or within any longer period the Advisory Council may specify. 1991, c. 18, s. 13. Function is advisory only 14. The function of the Advisory Council is advisory only and no failure to refer a matter or to comply with any other requirement relating to a referral renders anything invalid. 1991, c. 18, s. 14.  6 Procedure 15. (1) The Advisory Council shall sit in Ontario where and when the chair designates. Idem (2) The Advisory Council shall conduct its proceedings in the manner it considers appropriate. 1991, c. 18, s. 15. Employees 16. (1) The Advisory Council may employ, under the Public Service Act, persons it considers necessary to carry out its duties. Experts (2) The Advisory Council may engage experts or professional advisors to assist it. 1991, c. 18, s. 16. Secretary 17. (1) The Advisory Council shall appoint one of its employees as the Secretary. Duties (2) The Secretary’s duties are, (a) to keep a record of matters that the Minister has referred to the Advisory Council; (b) to have the custody and care of the records and documents of the Advisory Council; (c) to give written notice of suggested amendments to this Act, a health profession Act or a regulation under any of those Acts and suggested regulations under any of those Acts that have been referred to the Advisory Council to persons who have filed, with the Secretary, a request to be notified; and (d) to carry out the functions and duties assigned by the Minister or the Advisory Council. 1991, c. 18, s. 17. HEALTH PROFESSIONS BOARD 18.-23. REPEALED: 1998, c. 18, Sched. G, s. 3. 24. (1) REPEALED: 1998, c. 18, Sched. G, s. 4.  7 Investigators (2) The Board may engage persons who are not employed in the public service of Ontario to carry out investigations under subsection 28 (3) of the Code. Experts (3) The Board may engage persons who are not employed in the public service of Ontario to provide expert or professional advice in connection with a registration hearing, complaint review or registration review. Independence of experts (4) A person engaged under subsection (3) shall be independent of the parties and, in the case of a complaint review, of the Complaints Committee. Advice disclosed (5) The nature of any advice, including legal advice, given by a person engaged under subsection (3) shall be made known to the parties and they may make submissions with respect to the advice. 1991, c. 18, s. 24 (2-5). 25. REPEALED: 1998, c. 18, Sched. G, s. 5. Extension of time limits 26. (1) If the Board is satisfied that no person will be unduly prejudiced, it may, on reasonable grounds, extend any time limit with respect to, (a) the obligation, under subsection 28 (1) of the Code, of a panel of a Complaints Committee to dispose of a complaint against a member; (b) a Registrar’s obligation to give to the Board, under subsection 32 (1) of the Code, a record of an investigation of a complaint against a member and the documents and things upon which a decision was made with respect to the complaint; (c) a requirement, under subsection 21 (1) of the Code, for a review or hearing by the Board; or (d) a request, under subsection 29 (2) of the Code, for a review by the Board. Limitation (2) The Board shall not extend the time limit set out in subsection 29 (3) of the Code for more than sixty days. 1991, c. 18, s. 26. PROHIBITIONS  8 Controlled acts restricted 27. (1) No person shall perform a controlled act set out in subsection (2) in the course of providing health care services to an individual unless, (a) the person is a member authorized by a health profession Act to perform the controlled act; or (b) the performance of the controlled act has been delegated to the person by a member described in clause (a). 1991, c. 18, s. 27 (1); 1998, c. 18, Sched. G, s. 6. Controlled acts (2) A “controlled act” is any one of the following done with respect to an individual: 1. Communicating to the individual or his or her personal representative a diagnosis identifying a disease or disorder as the cause of symptoms of the individual in circumstances in which it is reasonably foreseeable that the individual or his or her personal representative will rely on the diagnosis. 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, including the scaling of teeth. 3. Setting or casting a fracture of a bone or a dislocation of a joint. 4. Moving the joints of the spine beyond the individual’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  9 vii. into an artificial opening into the body. 7. Applying or ordering the application of a form of energy prescribed by the regulations under this Act. 8. Prescribing, dispensing, selling or compounding a drug as defined in subsection 117 (1) of the Drug and Pharmacies Regulation Act, or supervising the part of a pharmacy where such drugs are kept. 9. Prescribing or dispensing, for vision or eye problems, subnormal vision devices, contact lenses or eye glasses other than simple magnifiers. 10. Prescribing a hearing aid for a hearing impaired person. 11. Fitting or dispensing a dental prosthesis, orthodontic or periodontal appliance or a device used inside the mouth to protect teeth from abnormal functioning. 12. Managing labour or conducting the delivery of a baby. 13. Allergy challenge testing of a kind in which a positive result of the test is a significant allergic response. Exemptions (3) An act by a person is not a contravention of subsection (1) if the person is exempted by the regulations under this Act or if the act is done in the course of an activity exempted by the regulations under this Act. 1991, c. 18, s. 27 (2, 3). Delegation of controlled act 28. (1) The delegation of a controlled act by a member must be in accordance with any applicable regulations under the health profession Act governing the member’s profession. Idem (2) The delegation of a controlled act to a member must be in accordance with any applicable regulations under the health profession Act governing the member’s profession. 1991, c. 18, s. 28. Exceptions 29. (1) An act by a person is not a contravention of subsection 27 (1) if it is done in the course of, (a) rendering first aid or temporary assistance in an emergency;  10 (b) fulfilling the requirements to become a member of a health profession and the act is within the scope of practice of the profession and is done under the supervision or direction of a member of the profession; (c) treating a person by prayer or spiritual means in accordance with the tenets of the religion of the person giving the treatment; (d) treating a member of the person’s household and the act is a controlled act set out in paragraph 1, 5 or 6 of subsection 27 (2); or (e) assisting a person with his or her routine activities of living and the act is a controlled act set out in paragraph 5 or 6 of subsection 27 (2). Counselling (2) Subsection 27 (1) does not apply with respect to a communication made in the course of counselling about emotional, social, educational or spiritual matters as long as it is not a communication that a health profession Act authorizes members to make. 1991, c. 18, s. 29. Treatment, etc., where risk of harm 30. (1) No person, other than a member treating or advising within the scope of practice of his or her profession, shall treat or advise a person with respect to his or her health in circumstances in which it is reasonably foreseeable that serious physical harm may result from the treatment or advice or from an omission from them. Supervision by member (2) Subsection (1) does not apply with respect to treatment by a person who is acting under the direction of or in collaboration with a member if the treatment is within the scope of practice of the member’s profession. Delegation (3) Subsection (1) does not apply with respect to an act by a person if the act is a controlled act that was delegated under section 28 to the person by a member authorized by a health profession Act to do the controlled act. Counselling (4) Subsection (1) does not apply with respect to counselling about emotional, social, educational or spiritual matters. Exceptions (5) Subsection (1) does not apply with respect to anything done by a person in the course of,  11 (a) rendering first aid or temporary assistance in an emergency; (b) fulfilling the requirements to become a member of a health profession if the person is acting within the scope of practice of the profession under the supervision or direction of a member of the profession; (c) treating a person by prayer or spiritual means in accordance with the tenets of the religion of the person giving the treatment; (d) treating a member of the person’s household; or (e) assisting a person with his or her routine activities of living. Exemption (6) Subsection (1) does not apply with respect to an activity or person that is exempted by the regulations. 1991, c. 18, s. 30. Dispensing hearing aids 31. No person shall dispense a hearing aid for a hearing impaired person except under a prescription by a member authorized by a health profession Act to prescribe a hearing aid for a hearing impaired person. 1991, c. 18, s. 31. Dental devices, etc. 32. (1) No person shall design, construct, repair or alter a dental prosthetic, restorative or orthodontic device unless, (a) the technical aspects of the design, construction, repair or alteration are supervised by a member of the College of Dental Technologists of Ontario or the Royal College of Dental Surgeons of Ontario; or (b) the person is a member of a College mentioned in clause (a). Employers (2) A person who employs a person to design, construct, repair or alter a dental prosthetic, restorative or orthodontic device shall ensure that subsection (1) is complied with. Supervisors (3) No person shall supervise the technical aspects of the design, construction, repair or alteration of a dental prosthetic, restorative or orthodontic device unless he or she is a member of the College of Dental Technologists of Ontario or the Royal College of Dental Surgeons of Ontario.  12 Denturists (4) This section does not apply with respect to the design, construction, repair or alteration of removable dentures for the patients of a member of the College of Denturists of Ontario if the member does the designing, construction, repair or alteration or supervises their technical aspects. Exceptions (5) This section does not apply with respect to anything done in a hospital as defined in the Public Hospitals Act or in a clinic associated with a university’s faculty of dentistry or the denturism program of a college of applied arts and technology. 1991, c. 18, s. 32. Restriction of title “doctor” 33. (1) Except as allowed in the regulations under this Act, no person shall use the title “doctor”, a variation or abbreviation or an equivalent in another language in the course of providing or offering to provide, in Ontario, health care to individuals. Idem (2) Subsection (1) does not apply to a person who is a member of, (a) the College of Chiropractors of Ontario; (b) the College of Optometrists of Ontario; (c) the College of Physicians and Surgeons of Ontario; (d) the College of Psychologists of Ontario; or (e) the Royal College of Dental Surgeons of Ontario. Definition (3) In this section, “abbreviation” includes an abbreviation of a variation. 1991, c. 18, s. 33. Holding out as a College 34. (1) No corporation shall falsely hold itself out as a body that regulates, under statutory authority, individuals who provide health care. Idem (2) No individual shall hold himself or herself out as a member, employee or agent of a body that the individual falsely represents as or knows is falsely represented as  13 regulating, under statutory authority, individuals who provide health care. 1991, c. 18, s. 34. Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by the Statutes of Ontario, 2000, chapter 42, Schedule, section 30 by adding the following section: Holding out as a health profession corporation 34.1 (1) No corporation shall hold itself out as a health profession corporation unless it holds a valid certificate of authorization. Same (2) No person shall hold himself or herself out as a shareholder, officer, director, agent or employee of a health profession corporation unless the corporation holds a valid certificate of authorization. See: 2000, c. 42, Sched., ss. 30, 48. MISCELLANEOUS Exemption, aboriginal healers and midwives 35. (1) This Act does not apply to, (a) aboriginal healers providing traditional healing services to aboriginal persons or members of an aboriginal community; or (b) aboriginal midwives providing traditional midwifery services to aboriginal persons or members of an aboriginal community. Jurisdictions of Colleges (2) Despite subsection (1), an aboriginal healer or aboriginal midwife who is a member of a College is subject to the jurisdiction of the College. Definitions (3) In this section, “aboriginal healer” means an aboriginal person who provides traditional healing services; (“guérisseur autochtone”) “aboriginal midwife” means an aboriginal person who provides traditional midwifery services. (“sage-femme autochtone”) 1991, c. 18, s. 35.  14 Confidentiality 36. (1) Every person employed, retained or appointed for the purpose of the administration of this Act, a health profession Act or the Drug and Pharmacies Regulation Act and every member of a Council or committee of a College shall preserve secrecy with respect to all information that comes to his or her knowledge in the course of his or her duties and shall not communicate any information to any other person except, (a) to the extent that the information is available to the public under this Act, a health profession Act or the Drug and Pharmacies Regulation Act; (b) in connection with the administration of this Act, a health profession Act or the Drug and Pharmacies Regulation Act, including, without limiting the generality of this, in connection with anything relating to the registration of members, complaints about members, allegations of members’ incapacity, incompetence or acts of professional misconduct or the governing of the profession; (c) to a body that governs a health profession in a jurisdiction other than Ontario; (d) as may be required for the administration of the Drug Interchangeability and Dispensing Fee Act, the Healing Arts Radiation Protection Act, the Health Insurance Act, the Independent Health Facilities Act, the Laboratory and Specimen Collection Centre Licensing Act, the Ontario Drug Benefit Act, the Narcotic Control Act (Canada) and the Food and Drugs Act (Canada); (d.1) to a police officer to aid an investigation undertaken with a view to a law enforcement proceeding or from which a law enforcement proceeding is likely to result; (e) to the counsel of the person who is required to preserve secrecy; or (f) with the written consent of the person to whom the information relates. 1991, c. 18, s. 36 (1); 1996, c. 1, Sched. G, s. 27 (1); 1998, c. 18, Sched. G, s. 7 (1). Reports required under Code (1.1) Clauses (1) (c) and (d) do not apply with respect to reports required under section 85.1 or 85.2 of the Code. 1993, c. 37, s. 1. Definition (1.2) In clause (1) (d.1),  15 “law enforcement proceeding” means a proceeding in a court or tribunal that could result in a penalty or sanction being imposed. Limitation (1.3) No person or member described in subsection (1) shall disclose, under clause (1) (d.1), any information with respect to a person other than a member. No requirement (1.4) Nothing in clause (1) (d.1) shall require a person described in subsection (1) to disclose information to a police officer unless the information is required to be produced under a warrant. 1998, c. 18, Sched. G, s. 7 (2). Not compellable (2) No person or member described in subsection (1) shall be compelled to give testimony in a civil proceeding with regard to matters that come to his or her knowledge in the course of his or her duties. 1991, c. 18, s. 36 (2). Evidence in civil proceedings (3) No record of a proceeding under this Act, a health profession Act or the Drug and Pharmacies Regulation Act, no report, document or thing prepared for or statement given at such a proceeding and no order or decision made in such a proceeding is admissible in a civil proceeding other than a proceeding under this Act, a health profession Act or the Drug and Pharmacies Regulation Act or a proceeding relating to an order under section 11.1 or 11.2 of the Ontario Drug Benefit Act. 1991, c. 18, s. 36 (3); 1996, c. 1, Sched. G, s. 27 (2). Onus of proof to show registration 37. A person who is charged with an offence to which registration under a health profession Act would be a defence shall be deemed, in the absence of evidence to the contrary, to have not been registered. 1991, c. 18, s. 37. Note: On a day to be named by proclamation of the Lieutenant Governor, section 37 is amended by the Statutes of Ontario, 2000, chapter 42, Schedule, section 31 by adding the following subsection: Onus of proof to show certificate of authorization (2) A person who is charged with an offence to which holding a certificate of authorization under a health profession Act would be a defence shall be deemed, in the absence of evidence to the contrary, to have not been issued a certificate of authorization. See: 2000, c. 42, Sched., ss. 31, 48.  16 Immunity 38. No action or other proceeding for damages shall be instituted against the Advisory Council, a College, a Council, or a member, officer, employee, agent or appointee of the Advisory Council, a College, a Council, a committee of a Council or a panel of a committee of a Council for an act done in good faith in the performance or intended performance of a duty or in the exercise or the intended exercise of a power under this Act, a health profession Act, the Drug and Pharmacies Regulation Act or a regulation or a by-law under those Acts or for any neglect or default in the performance or exercise in good faith of the duty or power. 1991, c. 18, s. 38; 1998, c. 18, Sched. G, s. 8. Service by mail 39. (1) A notice to be given under this Act to a person may be given by mail. Idem (2) If a notice under this Act is sent by prepaid first class mail addressed to the person at the person’s last known address there is a rebuttable presumption that the notice was received by the person on the fifth day after the notice was mailed. 1991, c. 18, s. 39. Offence 40. (1) Every person who contravenes subsection 27 (1) or 30 (1) is guilty of an offence and on conviction is liable to a fine of not more than $25,000 or to imprisonment for a term of not more than six months, or to both. Idem (2) Every person who contravenes section 31, 32 or 33 or subsection 34 (2) is guilty of an offence and on conviction is liable to a fine of not more than $5,000 for a first offence and not more than $10,000 for a subsequent offence. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is amended by the Statutes of Ontario, 2000, chapter 42, Schedule, subsection 32 (1) by inserting “or 34.1 (2)” after “subsection 34 (2)”. See: 2000, c. 42, Sched., ss. 32 (1), 48. Idem (3) Every person who contravenes subsection 34 (1) is guilty of an offence and on conviction is liable to a fine of not more than $10,000 for a first offence and not more than $20,000 for a subsequent offence. 1991, c. 18, s. 40. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (3) is amended by the Statutes of Ontario, 2000, chapter 42, Schedule, subsection 32 (2) by inserting “or 34.1 (2)” after “subsection 34 (1)”. See: 2000, c. 42, Sched., ss. 32 (2), 48.  17 Same (4) Every person who contravenes subsection 36 (1) is guilty of an offence and on conviction is liable to a fine of not more than $25,000. 1993, c. 37, s. 2. Responsibility of employment agencies 41. Every person who procures employment for an individual and who knows that the individual cannot perform the duties of the position without contravening subsection 27 (1) is guilty of an offence and on conviction is liable to a fine of not more than $25,000. 1991, c. 18, s. 41. Responsibility of employers 42. (1) The employer of a person who contravenes subsection 27 (1) while acting within the scope of his or her employment is guilty of an offence and on conviction is liable to a fine of not more than $25,000. Responsibility of directors of corporate employers (2) In addition, if the employer described in subsection (1) is a corporation, every director of the corporation who approved of, permitted or acquiesced in the contravention is guilty of an offence and on conviction is liable to a fine of not more than $25,000. Exception (3) Subsection (2) does not apply with respect to a corporation that operates a public hospital within the meaning of the Public Hospitals Act or to a corporation to which Part III of the Corporations Act applies. 1991, c. 18, s. 42. Regulations 43. (1) Subject to the approval of the Lieutenant Governor in Council, the Minister may make regulations, (a) prescribing forms of energy for the purposes of paragraph 7 of subsection 27 (2); (b) exempting a person or activity from subsection 27 (1) or 30 (1); (c) attaching conditions to an exemption in a regulation made under clause (b); (d) allowing the use of the title “doctor”, a variation or abbreviation or an equivalent in another language. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is amended by the Statutes of Ontario, 2000, chapter 42, Schedule, section 33 by adding the following clause:  18 (e) respecting health profession corporations; See: 2000, c. 42, Sched., ss. 33, 48. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is amended by the Statutes of Ontario, 2000, chapter 42, Schedule, section 33 by adding the following clause: (f) governing the issue, renewal, suspension, revocation and expiration of certificates of authorization; See: 2000, c. 42, Sched., ss. 33, 48. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is amended by the Statutes of Ontario, 2000, chapter 42, Schedule, section 33 by adding the following clause: (g) governing the names of health profession corporations. See: 2000, c. 42, Sched., ss. 33, 48. Scope of regulations (2) A regulation may be general or particular in its application. Definition (3) In clause (1) (d), “abbreviation” includes an abbreviation of a variation. 1991, c. 18, s. 43. Regulations 43.1 Subject to the approval of the Lieutenant Governor in Council, the Minister may make regulations governing funding under programs required under section 85.7 of the Code, including regulations, (a) prescribing the maximum amount or a means of establishing the maximum amount of funding that may be provided for a person in respect of a case of sexual abuse; (b) prescribing the period of time during which funding may be provided for a person in respect of a case of sexual abuse. 1993, c. 37, s. 3.  19 References to health professionals 44. A reference in an Act or regulation to a person described in Column 1 of the Table shall be deemed to be a reference to a person described opposite in Column 2. 1991, c. 18, s. 44. 45. Spent. 46. (1) Spent. (2) Regulations 276 (Chiropractors), 277 (Classifications), 279 (Masseurs), 280 (Osteopaths) and 281 (Physiotherapists) of the Revised Regulations of Ontario, 1990 are revoked. Note: Subsection 46 (2) has not been proclaimed into force. However, all of the regulations named in the subsection except Regulation 280 (Osteopaths) have now been revoked by regulation. 47.-50. Spent. Note: Item 6 of the Table has not been proclaimed in force. TABLE Column 1 Column 2 1. person member of the registered as a College of chiropodist Chiropodists under the of Ontario Chiropody Act 2. person member of the registered as a College of dental Dental technician Technologists under the of Ontario Dental Technicians Act 3. person member of the licensed as a College of denture Denturists of therapist Ontario under the  20 Denture Therapists Act 4. person member of the registered as a College of chiropractor Chiropractors under the of Ontario Drugless Practitioners Act 5. person member of the registered as a College of masseur under Massage the Drugless Therapists of Practitioners Ontario Act 6. person member of the registered as College of an osteopath Physicians under the and Surgeons Drugless of Ontario Practitioners classed as an Act osteopath 7. person member of the registered as a College of physiotherapis Physiotherapis t under the ts of Ontario Drugless Practitioners Act 8. person member of the registered as a College of dental Dental hygienist Hygienists of under Part II Ontario of the Health Disciplines Act 9. person member of the licensed under Royal College Part II of the of Dental Health Surgeons of Disciplines Ontario Act  21 10 person member of the. licensed under College of Part III of the Physicians Health and Surgeons Disciplines of Ontario Act 11 person who is member of the. the holder of a College of certificate Nurses of issued under Ontario Part IV of the Health Disciplines Act 12 person member of the. licensed under College of Part V of the Optometrists Health of Ontario Disciplines Act 13 person member of the. licensed under Ontario Part VI of the College of Health Pharmacists Disciplines Act 14 person register member of the. ed under the College of Ophthalmic Opticians of Dispensers Ontario Act 15 person member of the. registered College of under the Psychologists Psychologists of Ontario Registration Act 16 person member of the. registered College of under the Medical Radiological Radiation Technicians Technologists Act of Ontario  22 1991, c. 18, Table. SCHEDULE 1 SELF GOVERNING HEALTH PROFESSIONS Health Health Profession Profession Acts Audiology and Audiology and Speech-Language Speech- Pathology Act, Language 1991 Pathology Chiropody Act, Chiropody 1991 Chiropractic Act, Chiropractic 1991 Dental Hygiene Dental Act, 1991 Hygiene Dental Dental Technology Act, Technology 1991 Dentistry Act, Dentistry 1991 Denturism Act, Denturism 1991 Dietetics Act, Dietetics 1991 Massage Therapy Massage Act, 1991 Therapy Medical Medical Laboratory Laboratory Technology Act, Technology 1991 Medical Medical Radiation Radiation Technology Act, Technology 1991 Medicine Act, Medicine 1991 Midwifery Act, Midwifery 1991 Nursing Act, Nursing 1991 Occupational Occupational  23 Therapy Act, Therapy 1991 Opticianry Act, Opticianry 1991 Optometry Act, Optometry 1991 Pharmacy Act, Pharmacy 1991 Physiotherapy Physiotherapy Act, 1991 Psychology Act, Psychology 1991 Respiratory Respiratory Therapy Act, Therapy 1991 1991, c. 18, Sched. 1; 1998, c. 18, Sched. G, s. 9. SCHEDULE 2 HEALTH PROFESSIONS PROCEDURAL CODE Note: This Code is deemed by section 4 of the Regulated Health Professions Act, 1991 to be part of each health profession Act CONTENTS 1. Definitions 1. Statement of purpose, sexual 1 abuse provisions COLLEGE 2. College is body corporate 3. Objects of College 4. Council 5. Terms 6. Quorum 7. Meetings 8. Remuneration and expenses 9. Employees 10. Committees 11. Annual reports 12. Executive Committee’s exercise of Council’s powers 13. Members 14. Continuing jurisdiction REGISTRATION  24 15. Registration 16. Disclosure of application file 17. Panels 18. Consideration by panel 19. Application for variation 20. Notice of orders 21. Appeal to Board 22. Registration hearings or 23. reviews 24. Register Suspension for non-payment of fees COMPLAINTS 25. Panel for investigation of 26. complaints 27. Consideration by panel 28. Notice of decision 29. Timely disposal 30. Review by Board 31. When no review 32. Personal representative as 33. complainant 34. Record of decision to be 35. reviewed Conduct of review Procedural provisions Powers of Board DISCIPLINE 36. Executive Committee referral 37. Interim suspension 38. Panel for discipline hearing 39. Panel members deemed to 40. continue 41. Amendment of notice of 41. hearing 1 Parties 42. Non-party participation in 42. hearings 1 Disclosure of evidence 43. Disclosure of evidence 44. No communication by panel 45. members 46. Legal advice  25 47. Hearings public 48. Exception to closed hearings 49. Sexual misconduct witnesses 50. Transcript of hearings 51. Admissibility of evidence 52. Members of panel who 53. participate 53. Professional misconduct 1 Incompetence 54. Costs if proceedings 55. unwarranted 56. College’s costs Decision to complainant Release of evidence Publication of decisions INCAPACITY 57. Registrar’s inquiry 58. Appointment of board of 59. inquiry 60. Inquiries by board 61. Board’s report 62. Referral to Fitness to Practise 63. Committee 64. Interim suspension 65. Restrictions on orders 66. Panels for Fitness to Practise 67. hearings 68. Parties 69. Reports of health professionals Procedural provisions Hearings closed Orders APPEALS TO COURT 70. Appeals from decisions 71. No stay of certain orders 71. pending appeal 1 No stay of certain orders pending appeal REINSTATEMENT 72. Applications for reinstatement 73. Referral to Committee 74. Orders without hearing REGISTRAR’S POWERS OF  26 INVESTIGATION 75. Investigators 76. Powers of investigators 77. Entries and searches 78. Copying of documents and 79. objects Report of investigation QUALITY ASSURANCE COMMITTEE 79. Reference to Quality 1 Assurance Committee 80. Quality assurance program 81. required 82. Assessors 83. Co-operation with Committee and assessors Confidentiality of information PATIENT RELATIONS PROGRAM 84. Patient relations program 85. Advice to Council REPORTING OF HEALTH PROFESSIONALS 85. Reporting by members 1 Reporting by facilities 85. Requirements of required 2 reports 85. Additional reports, 3 psychotherapy 85. Reporting by employers, etc. 4 Immunity for reports 85. 5 85. 6 FUNDING FOR THERAPY AND COUNSELLING 85. Funding provided by College 7 HEALTH PROFESSION CORPORATIONS  27 85. Professional corporations 8 Notice of change of 85. shareholder 9 Application of Act, etc. 85. Fiduciary and ethical 10 obligations to patients 85. Duty to patient prevails 11 Restrictions apply to 85. corporation’s certificate 12 85. 13 MISCELLANEOUS 86. Right to use French 87. Injunctions 88. Evidence of Registrar 89. Limitation period 90. REPEALED 91. Service by mail 92. Obtaining certificates by false 92. pretences 1 Protection for reporters from 93. reprisals 93. Offence 1 Forms 94. By-laws 95. Regulations ______________ Definitions 1. (1) In this Code, “Board” means the Health Professions Appeal and Review Board under the Ministry of Health Appeal and Review Boards Act, 1998; (“Commission”) “by-laws” means by-laws made by the Council; (“règlements administratifs”) Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is amended by the Statutes of Ontario, 2000, chapter 42, Schedule, section 34 by adding the following definition: “certificate of authorization” means a certificate of authorization issued under the Regulated Health Professions Act, 1991 or this Code; (“certificat d’autorisation”)  28 See: 2000, c. 42, Sched., ss. 34, 48. “certificate of registration” means a certificate of registration issued by the Registrar; (“certificat d’inscription”) “Council” means the Council of the College; (“conseil”) “drug” means drug as defined in subsection 117 (1) of the Drug and Pharmacies Regulation Act; (“médicament”) Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is amended by the Statutes of Ontario, 2000, chapter 42, Schedule, section 34 by adding the following definition: “health profession corporation” means a corporation incorporated under the Business Corporations Act that holds a valid certificate issued under the Regulated Health Professions Act, 1991 or this Code; (“société professionnelle de la santé”) See: 2000, c. 42, Sched., ss. 34, 48. “incapacitated” means, in relation to a member, that the member is suffering from a physical or mental condition or disorder that makes it desirable in the interest of the public that the member no longer be permitted to practise or that the member’s practice be restricted; (“frappé d’incapacité”) “member” means a member of the College; (“membre”) “Minister” means the Minister of Health; (“ministre”) “patient relations program” means a program to enhance relations between members and patients; (“programme de relations avec les patients”) “prescribed” means prescribed in the regulations; (“prescrit”) “quality assurance program” means a program to assure the quality of the practice of the profession and to promote continuing competence among the members; (“programme d’assurance de la qualité”) “Registrar” means the Registrar of the College; (“registrateur”) “registration” means the issuance of a certificate of registration. (“inscription”) 1991, c. 18, Sched. 2, s. 1 (1); 1998, c. 18, Sched. G, s. 10.  29 Hearing not required unless referred to (2) Nothing in the health profession Act or this Code shall be construed to require a hearing to be held within the meaning of the Statutory Powers Procedure Act unless the holding of a hearing is specifically referred to. 1991, c. 18, Sched. 2, s. 1 (2). Sexual abuse of a patient (3) In this Code, “sexual abuse” of a patient by a member means, (a) sexual intercourse or other forms of physical sexual relations between the member and the patient, (b) touching, of a sexual nature, of the patient by the member, or (c) behaviour or remarks of a sexual nature by the member towards the patient. Exception (4) For the purposes of subsection (3), “sexual nature” does not include touching, behaviour or remarks of a clinical nature appropriate to the service provided. 1993, c. 37, s. 4. Statement of purpose, sexual abuse provisions 1.1 The purpose of the provisions of this Code with respect to sexual abuse of patients by members is to encourage the reporting of such abuse, to provide funding for therapy and counselling for patients who have been sexually abused by members and, ultimately, to eradicate the sexual abuse of patients by members. 1993, c. 37, s. 5. COLLEGE College is body corporate 2. (1) The College is a body corporate without share capital with all the powers of a natural person. Corporations Act (2) The Corporations Act does not apply in respect to the College. 1991, c. 18, Sched. 2, s. 2. Objects of College 3. (1) The College has the following objects:  30 1. To regulate the practice of the profession and to govern the members in accordance with the health profession Act, this Code and the Regulated Health Professions Act, 1991 and the regulations and by-laws. 2. To develop, establish and maintain standards of qualification for persons to be issued certificates of registration. 3. To develop, establish and maintain programs and standards of practice to assure the quality of the practice of the profession. 4. To develop, establish and maintain standards of knowledge and skill and programs to promote continuing competence among the members. 5. To develop, establish and maintain standards of professional ethics for the members. 6. To develop, establish and maintain programs to assist individuals to exercise their rights under this Code and the Regulated Health Professions Act, 1991. 7. To administer the health profession Act, this Code and the Regulated Health Professions Act, 1991 as it relates to the profession and to perform the other duties and exercise the other powers that are imposed or conferred on the College. 8. Any other objects relating to human health care that the Council considers desirable. Duty (2) In carrying out its objects, the College has a duty to serve and protect the public interest. 1991, c. 18, Sched. 2, s. 3. Council 4. The College shall have a Council that shall be its board of directors and that shall manage and administer its affairs. 1991, c. 18, Sched. 2, s. 4. Terms 5. (1) No term of a Council member who is elected shall exceed three years. Multiple terms (2) A person may be a Council member for more than one term but no person who is elected may be a Council member for more than nine consecutive years. 1991, c. 18, Sched. 2, s. 5. Quorum 6. A majority of the members of the Council constitute a quorum. 1991, c. 18, Sched. 2, s. 6.  31 Meetings 7. (1) The meetings of the Council shall be open to the public and reasonable notice shall be given to the members of the College and to the public. Exclusion of public (2) Despite subsection (1), the Council may exclude the public from any meeting or part of a meeting if it is satisfied that, (a) matters involving public security may be disclosed; (b) financial or personal or other matters may be disclosed of such a nature that the desirability of avoiding public disclosure of them in the interest of any person affected or in the public interest outweighs the desirability of adhering to the principle that meetings be open to the public; (c) a person involved in a criminal proceeding or civil suit or proceeding may be prejudiced; (d) personnel matters or property acquisitions will be discussed; (e) instructions will be given to or opinions received from the solicitors for the College; or (f) the Council will deliberate whether to exclude the public from a meeting or whether to make an order under subsection (3). Orders preventing public disclosure (3) In situations in which the Council may exclude the public from meetings, it may make orders it considers necessary to prevent the public disclosure of matters disclosed in the meeting, including banning publication or broadcasting of those matters. Reasons noted in minutes (4) If the Council excludes the public from a meeting or makes an order under subsection (3), it shall have its reasons for doing so noted in the minutes of the meeting. 1991, c. 18, Sched. 2, s. 7. Remuneration and expenses 8. Council members appointed by the Lieutenant Governor in Council shall be paid, by the Minister of Health, the expenses and remuneration the Lieutenant Governor in Council determines. 1991, c. 18, Sched. 2, s. 8.  32 Employees 9. (1) The Council may employ persons it considers advisable. Registrar (2) The Council shall appoint one of its employees as the Registrar. 1991, c. 18, Sched. 2, s. 9. Committees 10. (1) The College shall have the following committees: 1. Executive Committee. 2. Registration Committee. 3. Complaints Committee. 4. Discipline Committee. 5. Fitness to Practise Committee. 6. Quality Assurance Committee. 7. Patient Relations Committee. Appointment (2) The Council shall appoint the members of the committees. 1991, c. 18, Sched. 2, s. 10 (1, 2). Composition (3) The composition of the committees shall be in accordance with the by-laws. 1991, c. 18, Sched. 2, s. 10 (3); 1998, c. 18, Sched. G, s. 11. Annual reports 11. (1) Each committee named in subsection 10 (1) shall annually submit a report of its activities to the Council. Exclusions from reports (2) The Executive Committee shall not submit a report that contains information, other than information of a general statistical nature, relating to, (a) a referral by the Executive Committee to the Discipline or Fitness to Practise Committee until a panel of the Discipline or Fitness to Practise Committee disposes of the matter;  33 (b) an approval for the Registrar to appoint an investigator until the investigation is completed and reported by the Registrar and the Executive Committee decides not to make a referral with respect to the matter to the Discipline Committee or, if the Executive Committee makes a referral with respect to the matter to the Discipline Committee, until a panel of the Discipline Committee disposes of the matter; or (c) an interim order made by the Executive Committee in respect of a member until a panel of the Discipline Committee disposes of the matter. 1991, c. 18, Sched. 2, s. 11. Executive Committee’s exercise of Council’s powers 12. (1) Between the meetings of the Council, the Executive Committee has all the powers of the Council with respect to any matter that, in the Committee’s opinion, requires immediate attention, other than the power to make, amend or revoke a regulation or by-law. Report to Council (2) If the Executive Committee exercises a power of the Council under subsection (1), it shall report on its actions to the Council at the Council’s next meeting. 1991, c. 18, Sched. 2, s. 12. Members 13. (1) A person registered by the College is a member. Suspended members (2) A person whose certificate of registration is suspended is not a member. 1991, c. 18, Sched. 2, s. 13. Continuing jurisdiction 14. (1) A person whose certificate of registration is revoked or who resigns as a member continues to be subject to the jurisdiction of the College for professional misconduct referable to the time when the person was a member. Idem (2) A person whose certificate of registration is suspended continues to be subject to the jurisdiction of the College for incapacity and for professional misconduct or incompetence referable to the time when the person was a member or to the period of the suspension. 1991, c. 18, Sched. 2, s. 14. REGISTRATION  34 Registration 15. (1) If a person applies to the Registrar for registration, the Registrar shall, (a) register the applicant; or (b) refer the application to the Registration Committee. 1991, c. 18, Sched. 2, s. 15 (1). Referrals to Registration Committee (2) The Registrar shall refer an application for registration to the Registration Committee if the Registrar, (a) has doubts, on reasonable grounds, about whether the applicant fulfils the registration requirements; (b) is of the opinion that terms, conditions or limitations should be imposed on a certificate of registration of the applicant and the applicant does not consent to the imposition; or (c) proposes to refuse the application. 1991, c. 18, Sched. 2, s. 15 (2); 1993, c. 37, s. 6. Notice to applicant (3) If the Registrar refers an application to the Registration Committee, he or she shall give the applicant notice of the statutory grounds for the referral and of the applicant’s right to make written submissions under subsection 18 (1). Terms, etc., attached on consent (4) If the Registrar is of the opinion that a certificate of registration should be issued to an applicant with terms, conditions or limitations imposed and the applicant consents to the imposition, the Registrar may do so with the approval of a panel of the Registration Committee selected by the chair for the purpose. Panels for consent (5) Subsections 17 (2) and (3) apply with respect to the panel mentioned in subsection (4). 1991, c. 18, Sched. 2, s. 15 (3-5). Disclosure of application file 16. (1) The Registrar shall give an applicant for registration, at his or her request, all the information and a copy of each document the College has that is relevant to the application. Exception (2) The Registrar may refuse to give an applicant anything that may, in the Registrar’s opinion, jeopardize the safety of any person. 1991, c. 18, Sched. 2, s. 16.  35 Panels 17. (1) An application for registration referred to the Registration Committee or an application referred back to the Registration Committee by the Board shall be reviewed by a panel selected by the chair from among the members of the Committee. Idem (2) A panel shall be composed of at least three persons, one of whom shall be a person appointed to the Council by the Lieutenant Governor in Council. Quorum (3) Three members of a panel constitute a quorum. 1991, c. 18, Sched. 2, s. 17. Consideration by panel 18. (1) An applicant may make written submissions to the panel within thirty days after receiving notice under subsection 15 (3) or within any longer period the Registrar may specify in the notice. Orders by panel (2) After considering the application and the submissions, the panel may make an order doing any one or more of the following: 1. Directing the Registrar to issue a certificate of registration. 2. Directing the Registrar to issue a certificate of registration if the applicant successfully completes examinations set or approved by the panel. 3. Directing the Registrar to issue a certificate of registration if the applicant successfully completes additional training specified by the panel. 4. Directing the Registrar to impose specified terms, conditions and limitations on a certificate of registration of the applicant and specifying a limitation on the applicant’s right to apply under subsection 19 (1). 5. Directing the Registrar to refuse to issue a certificate of registration. Idem (3) A panel, in making an order under subsection (2), may direct the Registrar to issue a certificate of registration to an applicant who does not meet a registration requirement unless the requirement is prescribed as a non-exemptible requirement.  36 Order on consent (4) The panel may, with the consent of the applicant, direct the Registrar to issue a certificate of registration with the terms, conditions and limitations specified by the panel imposed. 1991, c. 18, Sched. 2, s. 18. Application for variation 19. (1) A member may apply to the Registration Committee for an order directing the Registrar to remove or modify any term, condition or limitation imposed on the member’s certificate of registration as a result of a registration proceeding. Limitations (2) The right to apply under subsection (1) is subject to any limitation in the order imposing the term, condition or limitation or to which the member consented and to any limitation made under subsection (7) in the disposition of a previous application under this section. Panels (3) An application to the Registration Committee under subsection (1) or an application referred back to the Registration Committee by the Board shall be reviewed by a panel selected by the chair from among the members of the Committee. Idem (4) Subsections 17 (2) and (3) apply with respect to the panel mentioned in subsection (3). Submissions (5) An applicant may make written submissions to the panel. Orders (6) After considering the application and the submissions, the panel may make an order doing any one or more of the following: 1. Refusing the application. 2. Directing the Registrar to remove any term, condition or limitation imposed on the certificate of registration. 3. Directing the Registrar to impose terms, conditions or limitations on the certificate of registration.  37 Limitations on applications (7) The panel, in disposing of an application under this section, may fix a period of time not longer than six months during which the applicant may not apply under subsection (1). 1991, c. 18, Sched. 2, s. 19. Notice of orders 20. (1) A panel shall give the applicant notice of an order it makes under subsection 18 (2) or 19 (6) and written reasons for it if the order, (a) directs the Registrar to refuse to issue a certificate of registration; (b) directs the Registrar to issue a certificate of registration if the applicant successfully completes examinations or additional training; (c) directs the Registrar to impose terms, conditions and limitations on a certificate of registration of the applicant; or (d) refuses an application for an order removing or modifying any term, condition or limitation imposed on a certificate of registration. Contents of notice (2) A notice under subsection (1) shall inform the applicant of the order and of the provisions of subsections 21 (1) and (2). 1991, c. 18, Sched. 2, s. 20. Appeal to Board 21. (1) An applicant who has been given a notice under subsection 20 (1) of an order may require the Board to hold a review of the application and the documentary evidence in support of it, or a hearing of the application, by giving the Board and the Registration Committee notice in accordance with subsection (2). Requirements of notice (2) A notice under subsection (1) shall be a written notice, given within thirty days after the notice under subsection 20 (1) was given, specifying whether a review or a hearing is required. Order, etc., to Board (3) If the Registration Committee receives a notice that an applicant requires a hearing or review, it shall, within fifteen days after receiving the notice, give the Board a copy of the order made with respect to the application, the reasons for it and the documents and things upon which the decision to make the order was based.  38 When order may be carried out (4) An order of a panel, notice of which is required under subsection 20 (1), may be carried out only when, (a) the applicant has given the Registrar notice that the applicant will not be requiring a review or hearing; (b) thirty-five days have passed since the notice of the order was given under subsection 20 (1) without the applicant requiring a review or hearing; or (c) the Board has confirmed the order. 1991, c. 18, Sched. 2, s. 21. Registration hearings or reviews 22. (1) This section applies to a hearing or review by the Board required by an applicant under subsection 21 (1). Procedural provisions (2) The following provisions apply with necessary modifications to a hearing or review: 1. Subsection 38 (4) (exclusion from panel). 2. Section 42 (disclosure of evidence). 3. Section 43 (no communication by panel members). 4. Section 50 (members of panel who participate). 5. Section 55 (release of evidence). Idem (3) The following provisions also apply with necessary modifications to a hearing: 1. Section 45 (hearings open). 2. Section 47 (sexual misconduct witnesses). 3. Section 48 (transcript of hearings). 1991, c. 18, Sched. 2, s. 22 (1-3). Same (3.1) The following provisions of the Statutory Powers Procedure Act also apply with necessary modifications to a review by the Board: 1. Section 21.1 (correction of errors).  39 2. Section 25.1 (rules). 1998, c. 18, Sched. G, s. 12. Findings of fact (4) The findings of fact in a hearing shall be based exclusively on evidence admissible or matters that may be noticed under sections 15 and 16 of the Statutory Powers Procedure Act. Idem (5) The findings of fact in a review shall be based exclusively on the application and documentary evidence admissible or matters that may be noticed under sections 15 and 16 of the Statutory Powers Procedure Act. Disposal by Board (6) The Board shall, after the hearing or review, make an order doing any one or more of the following: 1. Confirming the order made by the panel. 2. Requiring the Registration Committee to make an order directing the Registrar to issue a certificate of registration to the applicant if the applicant successfully completes any examinations or training the Registration Committee may specify. 3. Requiring the Registration Committee to make an order directing the Registrar to issue a certificate of registration to the applicant and to impose any terms, conditions and limitations the Board considers appropriate. 4. Referring the matter back to the Registration Committee for further consideration by a panel, together with any recommendations the Board considers appropriate. Idem (7) The Board may make an order under paragraph 3 of subsection (6) only if the Board finds that the applicant substantially qualifies for registration and that the panel has exercised its powers improperly. Limitation on order (8) The Board, in making an order under subsection (6), shall not require the Registration Committee to direct the Registrar to issue a certificate of registration to an applicant who does not meet a registration requirement that is prescribed as a non- exemptible requirement.  40 Parties (9) The College and the applicant are parties to a hearing or review. 1991, c. 18, Sched. 2, s. 22 (4-9). Register 23. (1) The Registrar shall maintain a register. 1991, c. 18, Sched. 2, s. 23 (1). Contents of register (2) The register shall contain, (a) each member’s name, business address and business telephone number; (b) each member’s class of registration and specialist status; (c) the terms, conditions and limitations imposed on each certificate of registration; (d) a notation of every revocation and suspension of a certificate of registration; Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is amended by the Statutes of Ontario, 2000, chapter 42, Schedule, subsection 35 (1) by adding the following clause: (d.1) the name, business address and business telephone number of every health profession corporation; See: 2000, c. 42, Sched., ss. 35 (1), 48. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is amended by the Statutes of Ontario, 2000, chapter 42, Schedule, subsection 35 (1) by adding the following clause: (d.2) the name of every shareholder of a health profession corporation; See: 2000, c. 42, Sched., ss. 35 (1), 48. (e) the result of every disciplinary and incapacity proceeding; (e.1) where findings of the Discipline Committee are appealed, a notation that they are under appeal; (f) information that a panel of the Registration, Discipline or Fitness to Practise Committee specifies shall be included; and  41 (g) information that is required to be kept in the register in accordance with the by-laws. 1991, c. 18, Sched. 2, s. 23 (2); 1993, c. 37, s. 7 (1); 1998, c. 18, Sched. G, s. 13 (1). Same (2.1) When an appeal of findings of the Discipline Committee is finally disposed of, the notation added to the register under clause (2) (e.1) shall be removed. 1993, c. 37, s. 7 (2). Access to information (3) A person may obtain, during normal business hours, the following information contained in the register: 1. Information described in clauses (2) (a) to (c). Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 1 is repealed by the Statutes of Ontario, 2000, chapter 42, Schedule, subsection 35 (2) and the following substituted: 1. Information described in clauses (2) (a), (b), (c), (d.1) and (d.2). See: 2000, c. 42, Sched., ss. 35 (2), 48. 2. Information described in clause (2) (d) relating to a suspension that is in effect. 3. The results of every disciplinary and incapacity proceeding completed within six years before the time the register was prepared or last updated, i. in which a member’s certificate of registration was revoked or suspended or had terms, conditions or limitations imposed on it, or ii. in which a member was required to pay a fine or attend to be reprimanded or in which an order was suspended if the results of the proceeding were directed to be included in the register by a panel of the Discipline or Fitness to Practise Committee. 3.1 For every disciplinary proceeding, completed at any time before the time the register was prepared or last updated, in which a member was found to have committed sexual abuse, as defined in clause 1 (3) (a) or (b), the results of the proceeding. 3.2 Information described in clause (2) (e.1) related to appeals of findings of the Discipline Committee.  42 4. Information designated as public in the by-laws. 1991, c. 18, Sched. 2, s. 23 (3); 1993, c. 37, s. 7 (3, 4); 1998, c. 18, Sched. G, s. 13 (2). When information can be withheld (3.1) The Registrar may refuse to allow a person to obtain a member’s business address and business telephone number if the Registrar has reasonable grounds to believe that disclosure of the information may jeopardize the member’s safety. 1998, c. 18, Sched. G, s. 13 (3). Panels specifying information in register (4) In disposing of a matter, a panel of the Registration, Discipline or Fitness to Practise Committee may, for the purposes of clause (2) (f), specify information to be included in the register. Panels directing results to be public (5) In disposing of a matter, a panel of the Discipline or Fitness to Practise Committee may, for the purposes of subparagraph ii of paragraph 3 of subsection (3), direct that the results of the proceeding be included in the register. Information from register (6) The Registrar shall provide to a person, upon the payment of a reasonable charge, a copy of any information in the register the person may obtain. 1991, c. 18, Sched. 2, s. 23 (4-6). Meaning of “results of proceeding” (7) For the purpose of this section and section 56, “result”, when used in reference to a disciplinary or incapacity proceeding, means the panel’s finding, particulars of the grounds for the finding, and the penalty imposed, including any reprimand. 1993, c. 37, s. 7 (5). Suspension for non-payment of fees 24. If a member fails to pay a fee that he or she is required to pay in accordance with the by-laws, the Registrar shall give the member notice of default and of intention to suspend the member and may suspend the member’s certificate of registration for failure to pay the fee two months after notice is given. 1998, c. 18, Sched. G, s. 14. COMPLAINTS Panel for investigation of complaints 25. (1) A complaint filed with the Registrar regarding the conduct or actions of a member shall be investigated by a panel selected by the chair of the Complaints Committee from among the members of the Committee.  43 Composition (2) A panel shall be composed of at least three persons, at least one of whom shall be a person appointed to the Council by the Lieutenant Governor in Council. Quorum (3) Three members of a panel constitute a quorum. Complaint must be recorded (4) A panel shall not be selected unless the complaint is in writing or is recorded on a tape, film, disk or other medium. Notice to member (5) The Registrar shall give the member who is the subject of a complaint notice of the complaint and of the provisions of subsection 26 (1). 1991, c. 18, Sched. 2, s. 25. Consideration by panel 26. (1) A member who is the subject of a complaint may make written submissions to the panel within thirty days after receiving notice under subsection 25 (5). Powers of panel (2) A panel, after investigating a complaint regarding the conduct or actions of a member, considering the submissions of the member and considering or making reasonable efforts to consider all records and documents it considers relevant to the complaint, may do any one or more of the following: 1. Refer a specified allegation of the member’s professional misconduct or incompetence to the Discipline Committee if the allegation is related to the complaint. 2. Refer the member to the Executive Committee for incapacity proceedings. 3. Require the member to appear before the panel or another panel of the Complaints Committee to be cautioned. 4. Take action it considers appropriate that is not inconsistent with the health profession Act, this Code, the regulations or by-laws. 1991, c. 18, Sched. 2, s. 26. Complaint about sexual abuse (3) In exercising its powers under paragraph 4 of subsection (2), the panel may not refer the matter to the Quality Assurance Committee if the complaint is about sexual abuse as defined in clause 1 (3) (a) or (b).  44 Complaint in bad faith, etc. (4) If the panel considers a complaint to be frivolous, vexatious, made in bad faith or otherwise an abuse of process, it shall give the complainant and the member notice that it intends to take no action with respect to the complaint and that the complainant and the member have a right to make written submissions within 30 days after receiving the notice. Same (5) If the panel is satisfied, after considering the written submissions of the complainant and the member, that a complaint was frivolous, vexatious, made in bad faith or otherwise an abuse of process, the panel shall not take action with respect to the complaint. 1998, c. 18, Sched. G, s. 15. Notice of decision 27. A panel shall give the complainant and the member who is the subject of the complaint, (a) a copy of its decision; (b) a copy of its reasons, if the panel decided to take no action with respect to a complaint or to do anything under paragraph 3 or 4 of subsection 26 (2); and (c) a notice advising the member and the complainant of any right to request a review they may have under subsection 29 (2). 1991, c. 18, Sched. 2, s. 27. Timely disposal 28. (1) A panel shall dispose of a complaint within 120 days after the filing of the complaint. If complaint not disposed of (2) If a complaint regarding the conduct or actions of a member has not been disposed of by a panel within 120 days after the filing of the complaint, the Board, on application of the member or the complainant, may require the Complaints Committee to ensure the complaint is disposed of. If further delay (3) If the complaint is not disposed of within sixty days after the Board’s requirement, the Board shall investigate the complaint and make an order under subsection (5) within 120 days after the Board’s requirement.  45 Board’s investigatory powers (4) In investigating a complaint, the Board has all the powers of a panel of the Complaints Committee and of the Registrar with respect to the investigation of the matter and, in particular, the Board may appoint an investigator under clause 75 (c). Powers of Board (5) After an investigation, the Board may do any one or more of the following: 1. Refer the matter to the Complaints Committee. 2. Make recommendations the Board considers appropriate to the Complaints Committee. 3. Require the Complaints Committee or a panel to do anything the Committee or a panel may do under the health profession Act and this Code except to request the Registrar to conduct an investigation. 1991, c. 18, Sched. 2, s. 28. Review by Board 29. (1) Subject to section 30, the Board shall review a decision of a panel of the Complaints Committee if the Board receives a request under subsection (2). Request for review (2) The complainant or the member who is the subject of the complaint may request the Board to review a decision of a panel of the Complaints Committee unless the decision was, (a) to refer an allegation of professional misconduct or incompetence to the Discipline Committee; or (b) to refer the member to the Executive Committee for incapacity proceedings. Time limit (3) A request for a review may be made only within thirty days after the receipt of the notice of the right to request a review given under clause 27 (c). Parties (4) The complainant and the member who is the subject of the complaint are parties to a review. 1991, c. 18, Sched. 2, s. 29. When no review 30. (1) The Board shall not review a decision if the party who requested the review withdraws the request and the other party consents.  46 Request in bad faith, etc. (2) If the Board considers a request to review a decision to have been frivolous, vexatious, made in bad faith or otherwise an abuse of process, it shall give the parties notice that it intends not to proceed with the review and that the parties have a right to make written submissions within thirty days after receiving the notice. Idem (3) If the Board is satisfied, after considering the written submissions of the parties, that a request was frivolous, vexatious, made in bad faith or otherwise an abuse of process, the Board shall not review the decision. 1991, c. 18, Sched. 2, s. 30. Personal representative as complainant 31. A complainant’s personal representative may act as the complainant for the purposes of a review of the decision by the Board if the complainant dies or becomes incapacitated. 1991, c. 18, Sched. 2, s. 31. Record of decision to be reviewed 32. (1) If the Board is requested to review a decision, the Registrar shall give the Board, within fifteen days after the Board’s request, a record of the investigation and the documents and things upon which the decision was based. Disclosure (2) Before reviewing a decision, the Board shall disclose to the parties everything given to it by the Registrar under subsection (1). Exceptions (3) The Board may refuse to disclose anything that may, in its opinion, (a) disclose matters involving public security; (b) undermine the integrity of the complaint investigation and review process; (c) disclose financial or personal or other matters of such a nature that the desirability of avoiding their disclosure in the interest of any person affected or in the public interest outweighs the desirability of adhering to the principle that disclosure be made; (d) prejudice a person involved in a criminal proceeding or in a civil suit or proceeding; or (e) jeopardize the safety of any person. 1991, c. 18, Sched. 2, s. 32.  47 Conduct of review 33. (1) In a review, the Board shall consider either or both of, (a) the adequacy of the investigation conducted; or (b) the reasonableness of the decision. Procedure (2) In conducting a review, the Board, (a) shall give the party requesting the review an opportunity to comment on the matters set out in clauses (1) (a) and (b) and the other party an opportunity to respond to those comments; (b) may require the College to send a representative; (c) may question the parties and the representative of the College; (d) may permit the parties to make representations with respect to issues raised by any questions asked under clause (c); and (e) shall not allow the parties or the representative of the College to question each other. 1991, c. 18, Sched. 2, s. 33. Procedural provisions 34. (1) The following provisions apply with necessary modifications to a review by the Board: 1. Section 43 (no communication by panel members). 2. Section 45 (hearings open). 3. Section 47 (sexual misconduct witnesses). 4. Section 50 (members of panel who participate). 5. Section 55 (release of evidence). 1991, c. 18, Sched. 2, s. 34. Same (2) The following provisions of the Statutory Powers Procedure Act also apply with necessary modifications to a review by the Board: 1. Section 4 (waiver of procedural requirement).  48 2. Section 4.1 (disposition of proceeding without hearing). 3. Section 5.1 (written hearings). 4. Section 5.2 (electronic hearings). 5. Section 5.3 (pre-hearing conferences). 6. Section 21 (adjournments). 7. Section 21.1 (correction of errors). 8. Section 25.1 (rules). 1998, c. 18, Sched. G, s. 16. Powers of Board 35. (1) After conducting a review of a decision, the Board may do any one or more of the following: 1. Confirm all or part of the decision. 2. Make recommendations the Board considers appropriate to the Complaints Committee. 3. Require the Complaints Committee to do anything the Committee or a panel may do under the health profession Act and this Code except to request the Registrar to conduct an investigation. Decision in writing (2) The Board shall give its decision and reasons in writing to the parties and the Complaints Committee. 1991, c. 18, Sched. 2, s. 35. DISCIPLINE Executive Committee referral 36. (1) The Executive Committee may refer a specified allegation of a member’s professional misconduct or incompetence to the Discipline Committee. 1991, c. 18, Sched. 2, s. 36. Allegations of sexual abuse (2) In deciding whether or not to refer an allegation of the sexual abuse of a patient to the Discipline Committee, the Executive Committee shall take into account any opinion,  49 required under subsection 85.3 (5), as to whether or not the member who is the subject of the report is likely to sexually abuse patients in the future. 1993, c. 37, s. 9. Interim suspension 37. (1) The Executive Committee may, subject to subsection (5), make an interim order directing the Registrar to suspend or impose terms, conditions or limitations on a member’s certificate of registration if, (a) an allegation is referred to the Discipline Committee; and (b) it is of the opinion that the conduct of the member exposes or is likely to expose his or her patients to harm or injury. Procedure following interim suspension (2) If an order is made under subsection (1) by the Executive Committee in relation to a matter referred to the Discipline Committee, (a) the College shall prosecute the matter expeditiously; and (b) the Discipline Committee shall give precedence to the matter. Duration of order (3) An order under subsection (1) continues in force until the matter is disposed of by a panel of the Discipline Committee. Panel’s order (4) In a matter in which an order under subsection (1) was made, an order of a panel of the Discipline Committee directing the Registrar to revoke, suspend or impose conditions on a member’s certificate takes effect immediately despite any appeal. Restrictions on orders (5) No order shall be made under subsection (1) with respect to a member by the Executive Committee unless the member has been given, (a) notice of the Committee’s intention to make the order; and (b) at least fourteen days to make written submissions to the Committee. 1991, c. 18, Sched. 2, s. 37. Panel for discipline hearing 38. (1) The chair of the Discipline Committee shall select a panel from among the members of the Committee to hold a hearing of allegations of a member’s professional  50 misconduct or incompetence referred to the Committee by the Executive or Complaints Committee. Composition (2) A panel shall be composed of at least three and no more than five persons, at least two of whom shall be persons appointed to the Council by the Lieutenant Governor in Council. Idem (3) At least one of the members of a panel shall be both a member of the College and a member of the Council. Exclusion from panel (4) No person shall be selected for a panel who has taken part in the investigation of what is to be the subject-matter of the panel’s hearing. Quorum (5) Three members of a panel, at least one of whom must be a member who was appointed to the Council by the Lieutenant Governor in Council, constitute a quorum. 1991, c. 18, Sched. 2, s. 38. Panel members deemed to continue 39. A member of a panel who ceases to be a member of the Discipline Committee after a hearing of a matter has commenced before the panel shall be deemed, for the purposes of dealing with that matter, to remain a member of the panel until the final disposition of the matter. 1991, c. 18, Sched. 2, s. 39. Amendment of notice of hearing 40. A panel may at any time permit a notice of hearing of allegations against a member to be amended to correct errors or omissions of a minor or clerical nature if it is of the opinion that it is just and equitable to do so and the panel may make any order it considers necessary to prevent prejudice to the member. 1991, c. 18, Sched. 2, s. 40. Parties 41. The College and the member against whom allegations have been made are parties to a hearing. 1991, c. 18, Sched. 2, s. 41. Non-party participation in hearings 41.1 (1) A panel may allow a person who is not a party to participate in a hearing if, (a) the good character, propriety of conduct or competence of the person is an issue at the hearing; or  51 (b) the participation of the person, would, in the opinion of the panel, be of assistance to the panel. Extent of participation (2) The panel shall determine the extent to which a person who is allowed to participate may do so and, without limiting the generality of this, the panel may allow the person to make oral or written submissions, to lead evidence and to cross examine witnesses. 1993, c. 37, s. 10. Disclosure of evidence 42. (1) Evidence against a member is not admissible at a hearing of allegations against the member unless the member is given, at least ten days before the hearing, (a) in the case of written or documentary evidence, an opportunity to examine the evidence; (b) in the case of evidence of an expert, the identity of the expert and a copy of the expert’s written report or, if there is no written report, a written summary of the evidence; or (c) in the case of evidence of a witness, the identity of the witness. 1991, c. 18, Sched. 2, s. 42 (1); 1993, c. 37, s. 11. Exception (2) A panel may, in its discretion, allow the introduction of evidence that is inadmissible under subsection (1) and may make directions it considers necessary to ensure that the member is not prejudiced. 1991, c. 18, Sched. 2, s. 42 (2). Disclosure of evidence 42.1 (1) Evidence of an expert led by a person other than the College is not admissible unless the person gives the College, at least ten days before the hearing, the identity of the expert and a copy of the expert’s written report or, if there is no written report, a written summary of the evidence. 1993, c. 37, s. 12. Exception (2) A panel may, in its discretion, allow the introduction of evidence that is inadmissible under this section and may make directions it considers necessary to ensure that the College is not prejudiced. 1998, c. 18, Sched. G, s. 17. No communication by panel members 43. No member of a panel holding a hearing shall communicate outside the hearing, in relation to the subject-matter of the hearing, with a party or the party’s representative  52 unless the other party has been given notice of the subject-matter of the communication and an opportunity to be present during the communication. 1991, c. 18, Sched. 2, s. 43. Legal advice 44. If a panel obtains legal advice with respect to a hearing, it shall make the nature of the advice known to the parties and they may make submissions with respect to the advice. 1991, c. 18, Sched. 2, s. 44. Hearings public 45. (1) A hearing shall, subject to subsection (2), be open to the public. Exclusion of public (2) The panel may make an order that the public be excluded from a hearing or any part of it if the panel is satisfied that, (a) matters involving public security may be disclosed; (b) financial or personal or other matters may be disclosed at the hearing of such a nature that the desirability of avoiding public disclosure of those matters in the interest of any person affected or in the public interest outweighs the desirability of adhering to the principle that hearings be open to the public; (c) a person involved in a criminal proceeding or in a civil suit or proceeding may be prejudiced; or (d) the safety of a person may be jeopardized. Orders preventing public disclosure (3) In situations in which the panel may make an order that the public be excluded from a hearing, it may make orders it considers necessary to prevent the public disclosure of matters disclosed at the hearing, including orders banning the publication or broadcasting of those matters. Public information may be disclosed (4) No order shall be made under subsection (3) that prevents the publication of anything that is contained in the register and available to the public. Exclusion of public (5) The panel may make an order that the public be excluded from the part of a hearing dealing with a motion for an order under subsection (2).  53 Orders with respect to matters in submissions (6) The panel may make any order necessary to prevent the public disclosure of matters disclosed in the submissions relating to any motion described in subsection (5), including prohibiting the publication or broadcasting of those matters. Reasons for order, etc. (7) The panel shall ensure that any order it makes under this section and its reasons are available to the public in writing. Reconsidering of order (8) The panel may reconsider an order made under subsection (2) or (3) at the request of any person or on its own motion. 1991, c. 18, Sched. 2, s. 45. Exception to closed hearings 46. If a panel makes an order under subsection 45 (2) wholly or partly because of the desirability of avoiding disclosure of matters in the interest of a person affected, the panel may allow the person and his or her personal representative to attend the hearing. 1991, c. 18, Sched. 2, s. 46. Sexual misconduct witnesses 47. (1) A panel shall, on the request of a witness whose testimony is in relation to allegations of a member’s misconduct of a sexual nature involving the witness, make an order that no person shall publish the identity of the witness or any information that could disclose the identity of the witness. 1991, c. 18, Sched. 2, s. 47. Interpretation (2) In subsection (1), “allegations of a member’s misconduct of a sexual nature” include, but are not limited to, allegations that the member sexually abused the witness when the witness was a patient of the member. 1993, c. 37, s. 13. Transcript of hearings 48. (1) The panel holding a hearing shall ensure that, (a) the oral evidence is recorded; (b) copies of the transcript of the hearing are available to a party on the party’s request at the party’s expense; and (c) copies of the transcript of any part of the hearing that is not the subject of an order prohibiting publication are available to any person at that person’s expense.  54 Transcripts filed with court (2) If a transcript of a part of a hearing that is the subject of an order prohibiting publication is filed with a court in respect of proceedings, only the court and the parties to the proceedings may examine it unless the court orders otherwise. 1991, c. 18, Sched. 2, s. 48. Admissibility of evidence 49. Despite the Statutory Powers Procedure Act, nothing is admissible at a hearing that would be inadmissible in a court in a civil action and the findings of a panel shall be based exclusively on evidence admitted before it. 1991, c. 18, Sched. 2, s. 49. Members of panel who participate 50. Only the members of a panel who were present throughout a hearing shall participate in the panel’s decision. 1991, c. 18, Sched. 2, s. 50. Professional misconduct 51. (1) A panel shall find that a member has committed an act of professional misconduct if, (a) the member has been found guilty of an offence that is relevant to the member’s suitability to practise; (b) the governing body of a health profession in a jurisdiction other than Ontario has found that the member committed an act of professional misconduct that would, in the opinion of the panel, be an act of professional misconduct as defined in the regulations; (b.1) the member has sexually abused a patient; or (c) the member has committed an act of professional misconduct as defined in the regulations. 1991, c. 18, Sched. 2, s. 51 (1); 1993, c. 37, s. 14 (1). Orders (2) If a panel finds a member has committed an act of professional misconduct, it may make an order doing any one or more of the following: 1. Directing the Registrar to revoke the member’s certificate of registration. 2. Directing the Registrar to suspend the member’s certificate of registration for a specified period of time. 3. Directing the Registrar to impose specified terms, conditions and limitations on the member’s certificate of registration for a specified or indefinite period of time.  55 4. Requiring the member to appear before the panel to be reprimanded. 5. Requiring the member to pay a fine of not more than $35,000 to the Minister of Finance. 5.1 If the act of professional misconduct was the sexual abuse of a patient, requiring the member to reimburse the College for funding provided for that patient under the program required under section 85.7. 5.2 If the panel makes an order under paragraph 5.1, requiring the member to post security acceptable to the College to guarantee the payment of any amounts the member may be required to reimburse under the order under paragraph 5.1. 1991, c. 18, Sched. 2, s. 51 (2); 1993, c. 37, s. 14 (2). Idem (3) In making an order under paragraph 2 or 3 of subsection (2), a panel may specify criteria to be satisfied for the removal of a suspension or the removal of terms, conditions and limitations imposed on a member’s certificate of registration. Suspension of order (4) A panel may suspend the effect of an order made under subsection (2) for a specified period and on specified conditions. 1991, c. 18, Sched. 2, s. 51 (3, 4). Orders relating to sexual abuse (5) If a panel finds a member has committed an act of professional misconduct by sexually abusing a patient, the panel shall do the following in addition to anything else the panel may do under subsection (2): 1. Reprimand the member. 2. Revoke the member’s certificate of registration if the sexual abuse consisted of, or included, any of the following, i. sexual intercourse, ii. genital to genital, genital to anal, oral to genital, or oral to anal contact, iii. masturbation of the member by, or in the presence of, the patient, iv. masturbation of the patient by the member,  56 v. encouragement of the patient by the member to masturbate in the presence of the member. Statement re impact of sexual abuse (6) Before making an order under subsection (5), the panel shall consider any written s