Medicine Act, 1991, S.O. 1991, c. 30

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Medicine Act, 1991

S.O. 1991, CHAPTER 30

Consolidation Period: From July 24, 2023 to the e-Laws currency date.

Last amendment: 2023, c. 4, Sched. 2, s. 7.

Definitions

1 In this Act,

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

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

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

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

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

Health Professions Procedural Code

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

Terms in Code

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

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

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

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

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

Definitions in Code

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

Scope of practice

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

Authorized acts

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

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

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

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

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

5. Administering a substance by injection or inhalation.

6. Putting an instrument, hand or finger,

i. beyond the external ear canal,

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

iii. beyond the larynx,

iv. beyond the opening of the urethra,

v. beyond the labia majora,

vi. beyond the anal verge, or

vii. into an artificial opening into the body.

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

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

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

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

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

12. Allergy challenge testing of a kind in which a positive result is a significant allergic response.

13. Treating, by means of psychotherapy technique delivered through a therapeutic relationship, an individual’s serious disorder of thought, cognition, mood, emotional regulation, perception or memory that may seriously impair the individual’s judgement, insight, behaviour, communication or social functioning. 1991, c. 30, s. 4; 2007, c. 10, Sched. R, s. 15.

Section Amendments with date in force (d/m/y)

2007, c. 10, Sched. R, s. 15 - 30/12/2017

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2021, c. 27, Sched. 3, s. 1)

Physician assistants

4.1 (1) There shall be a class of members to be known as physician assistants. 2021, c. 27, Sched. 3, s. 1.

Restriction

(2) Subject to subsection (3), a reference in any other Act or regulation to a physician, a legally qualified medical practitioner, a member of the College or any similar expression does not include a physician assistant unless the other Act or regulation specifically provides that it does. 2021, c. 27, Sched. 3, s. 1.

Exception

(3) Despite subsection (2), a provision of the Regulated Health Professions Act, 1991, that applies with respect to a member of the College applies with respect to a physician assistant unless it provides otherwise, except in,

(a) clause 33 (2) (c) of that Act; and

(b) paragraph 3 of subsection 33.1 (1) of that Act. 2021, c. 27, Sched. 3, s....

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