ontario regulation 553/05

made under the

medical laboratory technology Act, 1991

Made: July 15, 2005
Approved: October 26, 2005
Filed: October 28, 2005
Printed in The Ontario Gazette: November 12, 2005


Amending O. Reg. 207/94

(General)

1. Ontario Regulation 207/94 is amended by adding the following Part:

PART I
REGISTRATION

1. (1) The following are prescribed as classes of certificates of registration:

1. Practising.

2. Non-practising.

(2) A certificate of registration shall indicate in which specialties, if any, the member is authorized to practise.

(3) A certificate of registration shall indicate in which subspecialties, if any, the member is authorized to practise, and in which former specialties and subspecialties, if any, the member is authorized to practise in accordance with sections 9 and 10.

(4) The specialties, subspecialties and former specialties and subspecialties in laboratory sciences that may be indicated on a certificate of registration under subsections (2) and (3) are listed in Schedule 1.

2. (1) The following are the standards and qualifications for the issuance of a practising certificate of registration:

1. The applicant must submit a completed application form to the Registrar together with the application fee.

2. The applicant’s past and present conduct must afford reasonable grounds for the belief that the applicant,

i. is mentally competent to practise the profession,

ii. will practise the profession with decency, integrity and honesty and in accordance with the law, and

iii. can communicate effectively with and will display an appropriate attitude towards patients and colleagues.

3. The applicant must not have made, by commission or omission, any false or misleading representation or declaration on or in connection with an application.

4. The applicant must be a Canadian citizen or a permanent resident of Canada or have an authorization under the Immigration and Refugee Protection Act

(Canada) consistent with the applicant’s proposed certificate of registration.

5. The applicant must have reasonable fluency in either English or French.

6. The applicant must have satisfied one of the following educational and training requirements:

i. successful completion of a course of study in medical laboratory technology in a Canadian institution which has been approved by a body or bodies designated by the Council or by the Council itself,

ii. possession of a baccalaureate degree from a Canadian university, whose major course content, both lecture and practical, is relevant to medical laboratory technology, and which is approved by the Registration Committee, or

iii. possession of education or a mixture of education and experience which is considered by the Registration Committee to be equivalent to that which is described in subparagraph i or ii, and demonstrated by the successful completion of a Prior Learning Assessment which, in the opinion of the Registration Committee, is comprehensive and objective. 

7. The applicant must have successfully completed a qualifying examination set or approved by the Registration Committee.

8. The applicant must have satisfied one of the following educational and training requirements:

i. within the three years preceding the application, active engagement in the practice of medical laboratory technology, which may include time spent as a student, or in the teaching of medical laboratory technology, that demonstrates, in the opinion of the Registration Committee, that he or she could meet the current standards of practice in Ontario, or

ii. within the three years preceding the application, successful completion of a refresher course in the relevant specialties in laboratory science approved by the Registration Committee.

(2) Paragraphs 6 and 7 of subsection (1) do not apply where,

(a) the applicant is recognized as being qualified, without any restrictions other than those related to specialities, to practise medical laboratory technology by the statutory regulator of practitioners of medical laboratory technology in a jurisdiction in Canada in which the practitioners of medical laboratory technology are regulated by statute; and

(b) the occupational standards and requirements of medical laboratory technology in the jurisdiction referred to in clause (a) are, in the opinion of the Registration Committee, substantially equivalent to those of Ontario.

(3) Where the occupational standards and requirements of medical laboratory technology in the jurisdiction referred to in subsection (2) are not substantially equivalent to those of Ontario, the Registration Committee may permit the applicant to practise with terms, conditions and limitations restricting the applicant’s practice to the occupational standards and requirements of medical laboratory technology in the jurisdiction referred to in subsection (2) for a period of up to 14 months to permit the applicant to meet the occupational standards and requirements of medical laboratory technology in Ontario.

3. (1) A non-practising certificate of registration shall be issued if the applicant meets the standards and qualifications for a practising certificate of registration under section 2, but is not practising medical laboratory technology in Ontario at the time of application or renewal of membership.

(2) A member who holds a non-practising certificate of registration shall not practise medical laboratory technology.

(3) A member who holds a non-practising certificate of registration shall not be nominated for election to the Council, or for appointment to a Committee.

4. A member who holds a non-practising certificate of registration and applies for a practising certificate of registration must satisfy one of the following requirements:

1. Within the three years preceding the application, active engagement in the practice of medical laboratory technology, which may include time spent as a student, or in the teaching of medical laboratory technology, that demonstrates, in the opinion of the Registration Committee, that he or she could meet the current standards of practice in Ontario.

2. Within the three years preceding the application, successful completion of a refresher course in the relevant specialties in laboratory science approved by the Registration Committee.

5. The following are the terms, conditions and limitations of a certificate of registration of any class:

1. The member shall within 15 days provide the College with written and, if requested, oral details of any of the following that relate to the member and that occur or arise after the registration of the member:

i. a conviction for a criminal offence or an offence relevant to the practice of the profession,

ii. a finding of or similar to professional misconduct, incompetence or incapacity in Ontario in relation to another profession or in another jurisdiction in relation to the profession or another profession,

iii. the commencement of a proceeding for professional misconduct, incompetency or incapacity, or similar conduct, in Ontario, in relation to another profession or in another jurisdiction in relation to the profession or another profession.

2. If the member is authorized to practise in one or more specific specialties, subspecialties or former specialties or subspecialties of medical laboratory technology, the member shall perform only procedures within the specified specialty, specialties, subspecialty, subspecialties, former speciality or former subspecialties, as the case may be.

6. A certificate of registration of any class expires if the member ceases to be a Canadian citizen or a permanent resident of Canada or have an authorization under the Immigration and Refugee Protection Act (Canada) consistent with the member’s certificate of registration.

7. (1) If the Registrar suspends a member’s certificate of registration for failure to pay a prescribed fee, the Registrar shall lift the suspension on the payment of,

(a) the fee the member failed to pay,

(b) the fees that would have been payable had the member’s certificate not been suspended; and

(c) any applicable penalties.

(2) The Registrar may waive any of the requirements of subsection (1) in cases of economic hardship.

(3) If the Registrar suspends a member’s certificate of registration for failure to pay a prescribed fee and the suspension is not lifted within three years of the commencement of the suspension, the member’s certificate of registration shall be revoked.

8. (1) The Registrar shall give a letter verifying a member’s credentials to the member upon request by the member and payment of the fee set by the Registrar.

(2) The Registrar shall give a member a replacement for a certificate of registration previously issued by the College if the member requests it and pays the certificate replacement fee set by the Registrar.

9. (1) A member who, immediately before Ontario Regulation 553/05 came into force, was authorized to practise in three or more of the subspecialties of Bacteriology, Mycology, Parasitology or Virology is authorized to practise in the specialty of Microbiology, subject to any applicable terms, conditions or limitations on the prior certificate of registration.

(2) A member who, immediately before Ontario Regulation 553/05 came into force, was authorized to practise in one or two of the subspecialties of Bacteriology, Mycology, Parasitology and Virology is authorized to practise in the specialty of Microbiology, restricted to the subspecialty or subspecialties which formerly constituted the member’s specialty, and subject to any applicable terms, conditions or limitations on the prior certificate of registration.

(3) A member who, before Ontario Regulation 553/05 came into force, was authorized to practise in any of the former specialties of Immunology, Immunoassay or Electron Microscopy is authorized to practise in that former specialty, as applicable, subject to any applicable terms, conditions or limitations on the prior certificate of registration.

(4) A member who, before Ontario Regulation 553/05 came into force, was authorized to practise in Immunohematology is authorized to practise in Transfusion Science, subject to any applicable terms, conditions or limitations on the prior certificate of registration.

10. (1) An applicant who otherwise meets the requirements for registration and who is authorized to practise in one or more of the subspecialties of Bacteriology, Mycology, Parasitology and Virology in another jurisdiction in Canada shall be authorized to practise in the specialty of Microbiology restricted to the subspecialty or subspecialties which would have formerly constituted the applicant’s specialty or subspecialties.

(2) An applicant who otherwise meets the requirements for registration and who is authorized to practise in any of the former specialties of Immunology, Immunoassay or Electron Microscopy in another jurisdiction in Canada shall be authorized to practise in that former specialty.

(3) An applicant who otherwise meets the requirements for registration and who is authorized to practise in Immunohematology in another jurisdiction in Canada shall be authorized to practise in Transfusion Science.

2. Subsection 13 (2) of the Regulation is revoked and the following substituted:

(2) This Part applies only to members who hold a practising certificate of registration.

3. Section 14 of the Regulation is amended by adding the following subsection:

(2) It is an act of professional misconduct for a member who holds a practising certificate of registration to fail to complete any requirements of the quality assurance program.

4. The Regulation is amended by adding the following Schedule:

Schedule 1

SPECIALTIES

Biochemistry

Cytogenetics

Cytology

Hematology

Histology

Microbiology

Molecular Genetics

Phlebotomy

Transfusion Science

SUBSPECIALTIES OF MICROBIOLOGY

Bacteriology

Mycology

Parasitology

Virology

FORMER SPECIALTIES AND SUBSPECIALTIES

Electron Microscopy

Immunoassay

Immunology

Made by:

Council of the College of Medical Laboratory Technologists of Ontario:

Pat Mercuri

President

Kathy Wilkie

Registrar and Executive Director

Date made: July 15, 2005.