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Medical Laboratory Technology Act, 1991

S.O. 1991, CHAPTER 28

Consolidation Period: From June 4, 2007 to the e-Laws currency date.

Last amendment: 2007, c. 10, Sched. B, s. 10.

Definitions

1. In this Act,

“College” means the College of Medical Laboratory Technologists 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 medical laboratory technology; (“profession”)

“this Act” includes the Health Professions Procedural Code. (“la présente loi”) 1991, c. 28, s. 1.

Health Professions Procedural Code

2. (1) The Health Professions Procedural Code shall be deemed to be part of this Act. 1991, c. 28, 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 Medical Laboratory Technologists of Ontario; (“ordre”)

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

“profession” means the profession of medical laboratory technology; (“profession”)

“regulations” means the regulations under this Act. (“règlements”) 1991, c. 28, 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. 28, s. 2 (3).

Scope of practice

3. The practice of medical laboratory technology is the performance of laboratory investigations on the human body or on specimens taken from the human body and the evaluation of the technical sufficiency of the investigations and their results. 1991, c. 28, s. 3.

Authorized acts

4. In the course of engaging in the practice of medical laboratory technology, a member is authorized, subject to the terms, conditions and limitations imposed on his or her certificate of registration, to take blood samples from veins or by skin pricking. 1991, c. 28, s. 4.

Additional requirements for authorized acts

5. (1) A member shall not perform a procedure under the authority of section 4 unless the procedure is ordered by a member of the College of Physicians and Surgeons of Ontario or the Royal College of Dental Surgeons of Ontario or by a prescribed person. 1991, c. 28, s. 5 (1); 1997, c. 9, s. 5.

Grounds for misconduct

(2) In addition to the grounds set out in subsection 51 (1) of the Health Professions Procedural Code, a panel of the Discipline Committee shall find that a member has committed an act of professional misconduct if the member contravenes subsection (1). 1991, c. 28, s. 5 (2).

College established

6. The College is established under the name College of Medical Laboratory Technologists of Ontario in English and Ordre des technologistes de laboratoire médical de l’Ontario in French. 1991, c. 28, s. 6.

Council

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

(a) at least seven and no more than 11 persons who are members elected in accordance with the by-laws;

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

(i) members,

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

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

(c) one person selected, in accordance with a by-law made under section 12, from among members who are faculty members of an educational institution in Ontario that is authorized to grant diplomas in medical laboratory sciences. 1991, c. 28, s. 7 (1); 1998, c. 18, Sched. G, s. 33 (1, 2).

Who can vote in elections

(2) Subject to the by-laws, every member who practises or resides in Ontario and who is not in default of payment of the annual membership fee is entitled to vote in an election of members of the Council. 1991, c. 28, s. 7 (2); 1998, c. 18, Sched. G, s. 33 (3).

President and Vice-President

8. The Council shall have a President and Vice-President who shall be elected annually by the Council from among the Council’s members. 1991, c. 28, s. 8.

Restricted titles

9. (1) No person other than a member shall use the title “medical laboratory technologist”, a variation or abbreviation or an equivalent in another language. 1991, c. 28, s. 9 (1).

Representations of qualification, etc.

(2) No person other than a member shall hold himself or herself out as a person who is qualified to practise in Ontario as a medical laboratory technologist or in a specialty of medical laboratory technology. 1991, c. 28, s. 9 (2).

Definition

(3) In this section,

“abbreviation” includes an abbreviation of a variation. 1991, c. 28, s. 9 (3).

Notice if suggestions referred to Advisory Council

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

(a) amendment to this Act;

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

(c) regulation to be made by the Council. 1991, c. 28, s. 10 (1).

Requirements re notice

(2) A notice mentioned in subsection (1) shall set out the suggestion referred to the Advisory Council and the notice shall be given within thirty days after the Council of the College receives the Minister’s notice of the suggestion. 1991, c. 28, s. 10 (2).

Offence

11. Every person who contravenes subsection 9 (1) or (2) is guilty of an offence and on conviction is liable to a fine of not more than $25,000 for a first offence and not more than $50,000 for a second or subsequent offence. 2007, c. 10, Sched. B, s. 10 (1).

By-laws

12. The Council may make by-laws respecting the qualifications, selection and terms of office of Council members who are selected. 1998, c. 18, Sched. G, s. 33 (4).

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

15. Omitted (provides for coming into force of provisions of this Act). 1991, c. 28, s. 15.

16. Omitted (enacts short title of this Act). 1991, c. 28, s. 16.

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