ONTARIO REGULATION 250/13

made under the

RESPIRATORY THERAPY ACT, 1991

Made: August 16, 2013
Approved: August 28, 2013
Filed: August 30, 2013
Published on e-Laws: August 30, 2013
Printed in The Ontario Gazette: September 14, 2013


Amending O. Reg. 596/94

(GENERAL)

1. Ontario Regulation 596/94 is amended by adding the following Part:

PART I
CONFLICT OF INTEREST

1. (1) A member shall not practise the profession while in a conflict of interest.

(2) A member shall not participate in an arrangement that constitutes a conflict of interest as described in this Part, even if the arrangement is initiated by a partner, associate, employer, patient or other person.

(3) For greater certainty, practising the profession while in a conflict of interest within the meaning of this Part constitutes “practising the profession while the member is in a conflict of interest” for the purposes of Ontario Regulation 753/93 (Professional Misconduct) made under the Act.

2. A member is in a conflict of interest if the member’s personal or financial interest, or the personal or financial interest of another person who is in a non-arm’s length relationship with the member conflicts, appears to conflict or potentially conflicts with the member’s professional or ethical duty to a patient or the exercise of the member’s professional judgment.

3. (1) Without limiting the generality of section 2, a member is in a conflict of interest when the member, directly or indirectly,

(a) has a relationship with a patient, in addition to a professional one, that would reasonably be seen as affecting the member’s professional judgment or would reasonably be seen as affecting the patient’s confidence in the member;

(b) requests or accepts a benefit that is related to the member referring a patient to any other person;

(c) offers or gives a benefit to a person that is related to the referral of a patient to the member;

(d) offers or gives a benefit to a patient where the service is paid in whole or in part by a third party except for the provision to the patient, at no charge, of a product of nominal value to be used in the maintaining or promoting of well-being;

(e) accepts or gives a benefit relating to any professional goods or services, intended to be provided to a patient, that influences or appears to influence the exercise of a member’s professional judgment respecting the purchase or use of those professional goods or services;

(f) enters into any agreement or arrangement, including one involving the member’s employment, that influences or appears to influence the exercise of his or her professional expertise or judgment respecting a patient’s assessment or treatment, or the provision of professional goods or services to a patient or his or her referral, or causes another member to enter into an agreement or arrangement of such a nature;

(g) engages in any form of revenue, fee or income sharing with any person with respect to the practice of the profession, other than,

(i) with another member,

(ii) with a member of another College to which the Health Professions Procedural Code applies,

(iii) under an arrangement with a non-profit organization that has been approved by the Executive Committee, or

(iv) in accordance with a written agreement that states that the member has the responsibility for and control over all professional aspects of the practice, including record keeping and billing.

(2) Where, immediately before August 30, 2013, the member was practising in accordance with an oral or written agreement that would after that date be required to comply with subclause (1) (g) (iv), the agreement is not required to so comply until August 30, 2015.

4. (1) A member is not in a conflict of interest in connection with making a recommendation about the referral of a patient to a person who is in a non-arm’s length relationship with the member, if, before making the recommendation, the member, orally and in writing,

(a) discloses to the patient the nature of the relationship between the member and the person in the non-arm’s length relationship; and

(b) advises the patient that professional services provided to the patient will not be affected if the patient chooses to decline the recommended referral.

(2) A member is not in a conflict of interest in connection with making a recommendation to a patient about a treatment or product that has the potential to benefit a person who is in a non-arm’s length relationship with the member, if, before making the recommendation, the member, orally and in writing,

(a) discloses to the patient the nature of the benefit and the nature of the relationship between the member and the person in the non-arm’s length relationship with the member; and

(b) advises the patient that professional services provided to the client will not be affected if the patient chooses to decline the member’s recommendation.

Commencement

2. This Regulation comes into force on the day it is filed.

Made by:

Council of the College of Respiratory Therapists of Ontario:

Kevin Taylor

Registrar

Carrie-Lynn Meyer

President

Date made: August 16, 2013.