MEDICAL LABORATORY TECHNOLOGY ACT, 1991 / LOI DE 1991 SUR LES TECHNICIENS DE LABORATOIRE MÉDICAL
MEDICAL RADIATION TECHNOLOGY ACT, 1991 / LOI DE 1991 SUR LES TECHNICIENS EN RADIATION MÉDICALE
MEDICINE ACT, 1991 / LOI DE 1991 SUR LES MÉDECINS
MIDWIFERY ACT, 1991 / LOI DE 1991 SUR LES SAGES-FEMMES
CONTENTS
Tuesday 22 October 1991
Regulated Health Professions Act, 1991, and companion legislation / Loi de 1991 sur les professions de la santé réglementées et les projets de loi qui l'accompagnent
Medical Laboratory Technology Act, 1991 / Loi de 1991 sur les techniciens de laboratoire médical
Medical Radiation Technology Act, 1991 / Loi de 1991 sur les techniciens en radiation médicale
Medicine Act, 1991 / Loi de 1991 sur les médicins
Midwifery Act, 1991 / Loi de 1991 sur les sages-femmes
STANDING COMMITTEE ON SOCIAL DEVELOPMENT
Chair: Caplan, Elinor (Oriole L)
Vice Chair: Cordiano, Joseph (Lawrence L)
Beer, Charles (York North L)
Haeck, Christel (St. Catharines-Brock NDP)
Hope, Randy R. (Chatham-Kent NDP)
Malkowski, Gary (York East NDP)
Martin, Tony (Sault Ste Marie NDP)
McLeod, Lyn (Fort William L)
Owens, Stephen (Scarborough Centre NDP)
Wessenger, Paul (Simcoe Centre NDP)
Wilson, Jim (Simcoe West PC)
Witmer, Elizabeth (Waterloo North PC)
Substitutions:
McClelland, Carman (Brampton North L) for Mrs McLeod
Sola, John (Mississauga East L) for Mr Beer
Clerk: Mellor, Lynn
Staff:
Bohnen, Linda, Legislative Counsel
Burrows, Allan, Legislative Counsel
Spakowski, Mark, Legislative Counsel
The committee met at 1537 in room 151.
REGULATED HEALTH PROFESSIONS ACT, 1991, AND COMPANION LEGISLATION / LOI DE 1991 SUR LES PROFESSIONS DE LA SANTÉ RÉGLEMENTÉES ET LES PROJETS DE LOI QUI L'ACCOMPAGNENT
Resuming consideration of Bill 43, the Regulated Health Professions Act, 1991, and its companion legislation, Bills 44-64.
Suite de l'étude du projet de loi 43, Loi sur les professions de la santé réglementées et les projets de loi, 44 à 64, qui l'accompagnent.
The Chair: I call the committee to order. I suggest we complete the work we were doing yesterday. Shall Bills 44 to 52, as amended, carry? All in favour? Any opposed? That is carried. We have fully completed Bills 44 to 52.
MEDICAL LABORATORY TECHNOLOGY ACT, 1991 / LOI DE 1991 SUR LES TECHNICIENS DE LABORATOIRE MÉDICAL
The Chair: We are going to begin deliberations on Bill 53.
Section/article 1:
Mr Wessenger moves that the French version of section 1 of the bill be amended,
(a) by striking out "techniciens" in the definition of "ordre" and substituting "technologistes"; and
(b) by striking out "technicien" in the definition of "profession" and substituting "technologiste."
Motion agreed to.
Section 1, as amended, agreed to.
L'article 1, modifié, est adopté.
Section/article 2:
The Chair: Mr Wessenger moves that the French version of subsection 2(2) of the bill be amended,
(a) by striking out "techniciens" in the definition of "ordre" and substituting "technologistes"; and
(b) by striking out "technicien" in the definition of "profession" and substituting "technologiste."
Motion agreed to.
Section 2, as amended, agreed to.
L'article 2, modifié, est adopté.
Section/article 3:
The Chair: Mr Wessenger moves that section 3 of the bill be struck out and the following substituted:
"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."
Mr Wessenger: This amends the scope of practice to reflect the fact that some lab tests are performed directly on human body skin and not on specimens. It also clarifies that technologists evaluate the technical sufficiency of the results of tests and of investigations.
Motion agreed to.
Section 3, as amended, agreed to.
L'article 3, modifié, est adopté.
The Chair: Mr Wessenger moves that the bill be amended by adding the following section:
"3.1. 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."
Mr Wessenger: This authorizes members to draw blood when the procedure is ordered by a physician or dentist.
Motion agreed to.
The Chair: Mr Wessenger moves that the bill be amended by adding the following section:
"3.2(1) A member shall not perform a procedure under the authority of section 3.1 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.
"(2) In addition to the grounds set out in subsection 49(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)."
Mr Wessenger: This reflects the fact that physicians and dentists are authorized to order lab tests under the Laboratory and Specimen Collection Centre Licensing Act, while other professions, such as chiropractors, cannot make that order. If blood is drawn without an order, it provides for discipline.
Motion agreed to.
Section/article 4:
The Chair: Mr Wessenger moves that the English version of section 4 of the bill be amended by striking out "techniciens" in the fourth line and substituting "technologistes."
And he further moves that the French version of section 4 be amended by striking out "techniciens" in the second line and substituting "technologistes."
Motion agreed to.
Section 4, as amended, agreed to.
L'article 4, modifié, est adopté.
Section/article 5:
The Chair: Mr Wessenger moves that subsection 5(1) of the bill be amended,
(a) by striking out "at least nine and no more than twelve" in the first line of clause (a) and substituting "at least seven and no more than eleven."
(b) by striking out "at least five and no more than seven" in the first line of clause (b) and substituting "at least seven and no more than ten"; and
(c) by striking out "one or two persons" in the first line of clause (c) and substituting "one person."
Mr Wessenger: This changes the council composition to make public members just under half, as agreed with the representation of the college.
The Chair: To the amendment, all those in favour? Any opposed?
Motion agreed to.
Section 5, as amended, agreed to.
L'article 5, modifié, est adopté.
Section 6 agreed to.
L'article 6 est adopté.
Section/article 7:
The Chair: Shall section 7 stand as part of this bill? All those in favour? Any opposed?
Section 7 deleted.
L'article 7 est rayé.
Sections 8 to 13, inclusive, deleted.
Les articles 8 à 13, inclusivement, sont rayés.
Section/article 14:
The Chair: Mr Wessenger moves that subsection 14(1) of the bill be amended by striking out "in the course of providing or offering to provide, in Ontario, health care to individuals" in the last three lines.
Mr Wessenger: This is again to extend title protection outside the area of health care.
Motion agreed to.
The Chair: Mr Wessenger moves that the French version of subsection 14(1) of the bill be amended by striking "technicien" in the second line and substituting "technologiste."
And he further moves that the French version of subsection 14(2) of the bill be amended by striking out "technicien" in the fourth line and substituting "technologiste."
Motion agreed to.
Section 14, as amended, agreed to.
L'article 14, modifié, est adopté.
Sections 15 and 16 agreed to.
Les articles 15 et 16 sont adoptés.
Section/article 17:
The Chair: Mr Wessenger moves that section 17 of the bill be amended by striking out "college" in the third line and substituting "council" and by striking out clause (b).
Motion agreed to.
The Chair: Mr Wessenger moves that clause 17(a) of the bill be amended by striking out "number" in the first line.
Motion agreed to.
Section 17, as amended, agreed to.
L'article 17, modifié, est adopté.
Sections 18 and 19 agreed to.
Les articles 18 et 19 sont adoptés.
Section/article 20:
The Chair: Mr Wessenger moves that section 20 of the bill be amended by adding the following subsection:
"(4) Despite subsection (1), section 81.1 of the health professions procedural code, as it applies in respect of this act, does not come into force until one year after this act comes into force."
Mr J. Wilson: I will just indicate for the record that I will be voting against this. It relates to the patient relations committee and program, and we do not believe that committee or program does enough for the victims of sexual abuse.
The Chair: To the amendment, all those in favour? Any opposed?
Motion agreed to.
Section 20, as amended, agreed to.
L'article 20, modifié, est adopté.
Section/article 21:
The Chair: Mr Wessenger moves that the French version of section 21 of the bill be amended by striking out "techniciens" in the second line and substituting "technologistes."
Motion agreed to.
Section 21, as amended, agreed to.
L'article 21, modifié, est adopté.
1550
Title/titre:
The Chair: Mr Wessenger moves that the French version of the long title of the bill be amended by striking out "technicien" and substituting "technologiste."
Motion agreed to.
Title, as amended, agreed to.
Le titre, modifié, est adopté.
The Chair: Shall the bill carry? All those in favour? Any opposed? Carried.
Mr Owens: I have a quick comment with respect to the bill we have just gone through. During the hearings process it was brought to our attention by the folks who are involved in medical technology, as well as the nurses, that they face a different situation with respect to their relationship with a college and an employer. I am directing my comments to the parliamentary assistant. Before we finish this process, I hope we will address a method where the discipline process at the college level and at the employer level will run concurrently so that we are not going to get two different decisions at two different times, potentially putting the public at risk and putting the workers' livelihood unnecessarily at risk.
Mr Hope: The Chair just held a vote on the bill, and I am curious whether yesterday we voted on the bills or not. I am wondering why the change.
The Chair: I am sorry. What was your question?
Mr Hope: Yesterday we never voted on the bills as a whole, and today we are.
The Chair: That is right. The bills we vote on as a whole means they are completed and that no sections have been held down to a future date. We have not dealt with Bill 43 because certain sections of that bill are still open. However, yesterday we dealt with the outstanding sections of Bills 44 to 52. Today we were able to complete the call on the bill as a whole, and that is why I called, "Shall the bill carry?"
Mr Hope: But what about those other bills that we completed yesterday?
The Chair: We did that before you arrived at today's session.
Mr Hope: Oh, okay.
The Chair: They were completed. I did not realize you were not here. At the start of today's meeting I called, "Shall Bills 44 to 52, as amended, carry?" and that was carried. Any further questions?
Mr Hope: No, I just wondered why the change.
MEDICAL RADIATION TECHNOLOGY ACT, 1991 / LOI DE 1991 SUR LES TECHNICIENS EN RADIATION MÉDICALE
Section/article 1:
The Chair: Mr Wessenger moves that the French version of section 1 of the bill be amended,
(a) by striking out "techniciens" in the definition of "ordre" and substituting "technologues"; and
(b) by striking out "technicien" in the definition of "profession" and substituting `technologue."
Motion agreed to.
Section 1, as amended, agreed to.
L'article 1, modifié, est adopté.
Section/article 2:
The Chair: Mr Wessenger moves that the French version of subsection 2(2) of the bill be amended,
(a) by striking out "techniciens" in the definition of "ordre" and substituting "technologues"; and
(b) by striking out "technicien" in the definition of "profession" and substituting "technologue."
Motion agreed to.
Section 2, as amended, agreed to.
L'article 2, modifié, est adopté.
Section/article 3:
The Chair: Mr Wessenger moves that section 3 of the bill be struck out and the following substituted:
"3. The practice of medical radiation technology is the use of ionizing radiation and other forms of energy prescribed under subsection 18(2) to produce diagnostic images and tests, the evaluation of the technical sufficiency of the images and tests, and the therapeutic application of ionizing radiation."
Mr Wessenger: The purpose of the amendment is to make clearer the scope of practice for the profession.
Motion agreed to.
Section 3, as amended, agreed to.
L'article 3, modifié, est adopté.
Section/article 4:
The Chair: Mr Wessenger moves that section 4 of the bill be struck out and the following substituted:
"4. In the course of engaging in the practice of medical radiation technology, a member is authorized, subject to the terms, conditions and limitations imposed on his or her certificate of registration, to perform the following:
"1. Taking blood samples from veins.
"2. Administering substances by injection or inhalation.
"3. Administering contrast media through or into the rectum or an artificial opening into the body.
"4.Tattooing."
Mr J. Wilson: We will be supporting this amendment, but I would ask the parliamentary assistant why the new amendment no longer contains "on the order of a member of the College of Physicians and Surgeons of Ontario."
Mr Wessenger: I think the next amendment covers the whole matter by saying, "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."
Motion agreed to.
Section 4, as amended, agreed to.
L'article 4, modifé, est adopté.
The Chair: Mr Wessenger moves that the bill be amended by adding the following section:
"4.1(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.
"(2) In addition to the grounds set out in subsection 49(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).
Motion agreed to.
Section/article 5:
The Chair: Mr Wessenger moves that the English version of section 5 of the bill be amended by striking out "techniciens" in the fourth line and substituting "technologues."
And he further moves that the French version of section 5 of the bill be amended by striking out "techniciens" in the second and third lines and substituting "technologues."
Motion agreed to.
Section 5, as amended, agreed to.
L'article 5, modifié, est adopté.
Section/article 6:
The Chair: Mr Wessenger moves that clause 6(1)(a) of the bill be amended by striking out "at least seven and no more than ten" in the first line and substituting "at least six and no more than nine."
And he further moves that clause 6(1)(b) of the bill be amended by striking out "at least four and no more than six" in the first line and substituting "at least five and no more than eight."
1600
Mr J. Wilson: I would just note that I will be voting against this particular amendment because we believe it diminishes the principle of self-regulation.
Mr Owens: I just want to ask the member of the third party how that constrasts with his statement yesterday to the effect that we should have more intrusion into the college process, where we feel that this is self-regulating. The member's statement yesterday seemed to reflect a difference in position.
The Chair: Mr Owens, while it is nice to have your question on the record, in committee you can debate and close it rhetorically. Mr Wilson is not obliged to answer questions, as he is not a witness before the committee, but I am sure that if you ask nicely, he will be happy to answer the question. I have Mr Hope first to speak.
Mr Hope: I think the ability is still there for selfregulation. What the legislation is intended to do is to make sure the public is well informed on what is going on around the colleges and the professionals out there in our health care system, and at the same time to give these the flexibility to make sure they are able to function on a day-to-day basis and be self-regulated. They still hold 51% of the vote.
The Chair: Thank you, Mr Hope. I know Mr Wilson is surprised by your comments at this point in time. Mr Wilson, did you want the floor?
Mr J. Wilson: Just very quickly, Madam Chair, I do not have a clue what Mr Owens is talking about.
The Chair: We will call the question. Shall the amendment carry? All those in favour of the amendment? Any opposed?
Motion agreed to.
Section 6, as amended, agreed to.
L'article 6, modifié, est adopté.
Section 7 agreed to.
L'article 7 est adopté.
Section/article 8:
The Chair: Shall section 8 stand as part of the bill? All in favour? Any opposed?
Section 8 deleted.
L'articles 8 est rayé.
Sections 9 to 14, inclusive, deleted.
Les articles 9 à 14, inclusivement, sont rayés.
Section/article 15:
The Chair: Mr Wessenger moves that subsection 15(1) of the bill be amended by striking out "in the course of providing or offering to provide, in Ontario, health care to individuals" in the last three lines.
Motion agreed to.
The Chair: Mr Wessenger moves that the French version of subsection 15(1) of the bill be amended by striking out "technicien" in the second line and substituting "technologue."
And he further moves that the French version of subsection 15(3) of the bill be amended by striking out "technicien" in the fourth line and substituting "technologue."
Motion agreed to.
Section 15, as amended, agreed to.
L'article 15, modifié, est adopté.
Sections 16 and 17 agreed to.
Les articles 16 et 17 sont adoptés.
Section/article 18:
The Chair: Mr Wessenger moves that section 18 of the bill be amended by striking out "college" in the third line and substituting "council" and by striking out clause (b).
Motion agreed to.
The Chair: Mr Wessenger moves that section 18 of the bill be amended by adding the following subsection:
"(2) Subject to the approval of the Lieutenant Governor in Council, the minister may make regulations prescribing forms of energy, other than ionizing radiation, for the purposes of section 3."
Motion agreed to.
Section 18, as amended, agreed to.
L'article 18, modifié, est adopté.
Sections 19 to 21, inclusive, agreed to.
Les articles 19 à 21, inclusivement, sont adoptés.
Section/article 22:
The Chair: Mr Wessenger moves that section 22 of the bill be amended by adding the following subsection:
"(4) Despite subsection (1), section 81.1 of the health professions procedural code, as it applies in respect of this act, does not come into force until one year after this act comes into force."
Motion agreed to.
Section 22, as amended, agreed to.
L'article 22, modifié, est adopté.
Section/article 23:
The Chair: Mr Wessenger moves that the French version of section 23 of the bill be amended by striking out "techniciens" in the second line and substituting "technologues."
Motion agreed to.
Section 23, as amended, agreed to.
L'article 23, modifié, est adopté.
Title/titre:
The Chair: Mr Wessenger moves that the French version of the long title of the bill be amended by striking out "technicien" and substituting "technologue."
Motion agreed to.
Title agreed to.
Le titre est adopté.
The Chair: Shall the bill, as amended, carry? All those in favour? Any opposed? Carried.
The Chair: Are we ready for Bill 55?
Mr Wessenger: I think we should have a 10-minute adjournment.
The Chair: We have a request for a 10-minute recess. We will reconvene in 10 minutes.
The committee recessed at 1608.
1619
MEDICINE ACT, 1991 / LOI DE 1991 SUR LES MÉDECINS
Sections 1 to 3, inclusive, agreed to.
Les articles 1 à 3, inclusivement, sont adoptés.
Section/article 4:
The Chair: Mr Wessenger moves that paragraph 1 of section 4 of the bill be struck out and the following substituted:
"1. Communicating a diagnosis identifying a disease or disorder as the cause of a person's symptoms."
Mr Wessenger: This amendment removes "dysfunction" from the authorized act re diagnosis.
Motion agreed to.
The Chair: Mr Wessenger moves that subparagraph ii of paragraph 6 of section 4 of the bill be struck out and the following substituted:
"ii. beyond the point in the nasal passages where they normally narrow."
Motion agreed to.
Section 4, as amended, agreed to.
L'article 4, modifié, est adopté.
Section 5 agreed to.
L'article 5 est adopté.
Section/article 6:
The Chair: Mr Wessenger moves that clause 6(1)(a) of the bill be struck out and the following substituted:
"(a) at least fifteen and no more than sixteen persons who are members elected in the prescribed number and manner";
And he further moves that clause 6(1)(b) of the bill be amended by striking out "nine" in the first line and substituting "at least thirteen and no more than fifteen."
Mr Wessenger: Again, this changes the council composition to increase the public members to just under half.
Mr J. Wilson: I note again that we will be voting against this. Particularly in light of the next amendment being put forward by myself, a vote in favour of this right now without considering the second amendment, if the second amendment were to pass, would throw off the government's composition.
The Chair: All those in favour of the amendment? Any opposed?
Motion agreed to.
The Chair: Mr J. Wilson moves that clause 6(1)(c) of the bill be struck out and the following substituted:
"(c) one person for each faculty of medicine of a university in Ontario selected in the prescribed manner from among members who are members of the faculty."
Mr J. Wilson: The purpose of this amendment is to retain the current representation of five academic appointments, one from each medical school, on the council of the College of Physicians and Surgeons of Ontario. It is something the council has very much asked for. If I may, I will read a backgrounder that has been provided by the CPSO.
"Over the years the academic appointees to the college council have offered a unique and valuable perspective on our activities. They are not elected by doctors and yet they represent a large and important component of the practice of medicine. They bring administrative, educational and professional expertise to the college. Their background is steeped in critical analysis and they often bring different views to college activities and decisions. They often have leadership qualities that serve the college well. They have experience in quality management and standards and understand administrative processes. They are more likely to be able to arrange the time to become involved in college activity. And furthermore, they are usually able to look ahead and consider innovative and creative roles for the college. This brings a sensible balance to the makeup of the college, exerting an influence that is congruent with the goals of government and society.
"The faculty representatives give the college ready access into the system of educating physicians and this system varies in each medical faculty. They provide feedback from the college directly to medical faculties and are often critical in effecting change in medical education."
"Most important, as the report of the Task Force on Sexual Abuse of Patients highlighted, many of the college's activities in the coming years will be focused on educational initiatives to help doctors address patients' and societal concerns more effectively. Without question, the college's faculty representatives are vital advocates for change in the education system. Losing some of these voices will mean losing some of the college's effectiveness in lobbying for and implementing educational change.
"Given these concerns, the CPSO asks that the committee consider this amendment."
Mr Wessenger: I would like to oppose the amendment. First of all, the College of Physicians and Surgeons of Ontario has more academic representation than other colleges. Second, adding two more academics would create a greater imbalance in the proportion of professionals on the council, since academic representatives are not treated as elected physicians in calculating the just-over-half.
We are not persuaded that three academics are not sufficient to provide an academic perspective, and there are other ways of ensuring that regional academic views are made known to the college such as consultation processes and also perhaps determining a method of rotation under the Medicine Act.
Mr McClelland: Our position, for the record, is that the point made by the member for the third party is very well taken. There is considerable difference from faculty to faculty. There is innovation in terms of the curriculum and the practicum, in terms of the education in the profession. Because of that diversity and because of the dynamic that this provides, we feel it is a well-reasoned and well-thought-out motion and we will be supporting the amendment as proposed by the third party.
Mr J. Wilson: I guess the college has a great deal of difficulty understanding why the government is forcing it to chose from among its five faculties of medicine which ones will now sit on the CPSO. They do not understand thoroughly why the government has unilaterally decided to reduce that representation from five to three.
The Chair: Are we ready for the vote? All those in favour of the amendment? All those opposed? Carried.
Mr J. Wilson: Thank you very much.
The Chair: Mr Wilson, I think we are having a conference here with the parliamentary assistant. Mr Wessenger, did you have a --
Mr Wessenger: No.
The Chair: After saying you were going to speak against it.
Mr Wessenger: I am speaking against it and I am voting against it too.
The Chair: We have had a request to take the vote again.
Mr J. Wilson: Perhaps we can have a recorded vote.
The committee divided on Mr J. Wilson's motion, which was negatived on the following vote:
Ayes -- 3
McClelland, Sola, Wilson, J.
Nays -- 6
Haeck, Hope, Malkowski, Martin, Owens, Wessenger.
Section 6, as amended, agreed to.
L'article 6, modifié, est adopté.
Section 7 agreed to.
L'article 7 est adopté.
Sectio/article 8:
The Chair: Shall section 8 stand as part of the bill? All in favour? Any opposed?
Section 8 deleted.
L'article 8 est rayé.
Sections 9 to 14, inclusive, deleted.
Les articles 8 à 14, inclusivement, sont rayés.
Section 15 agreed to.
L'article 15 est adopté.
Section/article 16:
The Chair: Mr Wessenger moves that subsection 16(1) of the bill be amended by striking out "in the course of providing or offering to provide, in Ontario, health care to individuals" in the last three lines.
Motion agreed to.
Section 16, as amended, agreed to.
L'article 16, modifié, est adopté.
1630
Section/article 17:
The Chair: Shall section 17 stand as part of the bill? All in favour? Any opposed?
Section 17 deleted.
L'article 17 est rayé.
The Chair: Mr McClelland moves that the bill be amended by adding the following section:
"17.1 In addition to the grounds set out in subsection 49(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 has treated a person, in a situation in which a consent to treatment is required by law, without such a consent."
Mr McClelland: The amendment is essentially in response to submissions made by, among others, the psychiatric patient advocate office. The submissions were made to this committee on August 26 of this year. There has been significant concern raised by a variety of advocates on behalf of psychiatric patients that there is considerable disregard for the legal requirement of competent, informed consent from time to time and from place to place, particularly in provincial psychiatric hospitals. This situation could be worse in the absence of advocates who would on behalf of the patients press complaints on the law.
I will not get into the substance of it right now. There are other reasons in support of this that I think are known to the government members. I do not think we have to revisit the submissions that were made. I would ask you to refer to the submissions made on August 26, 1991. It is my understanding that the government has agreed to stand this matter down pending its consideration of the matter further.
The Chair: Do we have agreement to stand the section down? Do you want to speak to it now, Mr Wilson, or stand it down?
Mr J. Wilson: I agree with standing it down. I would ask, when it is reconsidered again, why this matter is not being dealt with under Bill 109, the Consent to Treatment Act.
The Chair: Then shall section 17.1 be stood down? Agreed. Shall we consider it at the next sitting of the committee, if possible? Agreed.
Sections 18 and 19 agreed to.
Les articles 18 et 19 sont adoptés.
Section/article 20:
The Chair: Mr Wessenger moves that section 20 of the bill be amended by striking out "college" in the third line and substituting "council" and by striking out clause (c).
Motion agreed to.
Section 20, as amended, agreed to.
L'article 20, modifié, est adopté.
Section 21 to 23, inclusive, agreed to.
Les articles 21 à 23, inclusivement, sont adoptés.
Section/article 24:
The Chair: Mr Wessenger moves that section 24 of the bill be amended by adding the following subsection:
"(4) Despite subsection (1), section 81.1 of the health professions procedural code, as it applies in respect of this act, does not come into force until one year after this act comes into force."
Motion agreed to.
Section 24, as amended, agreed to.
L'article 24, modifié, est adopté.
Section 25 agreed to.
L'article 25 est adopté.
Title agreed to.
Le titre est adopté.
The Chair: You will note that I am not calling the bill. We have an outstanding section. Hopefully, we will deal with it.
Mr Hope: I was just making sure you did not call it.
The Chair: I am glad you are checking up on me, Mr. Hope.
MIDWIFERY ACT, 1991 / LOI DE 1991 SUR LES SAGES-FEMMES
Section 1 to 3, inclusive, agreed to.
Les articles 1 à 3, inclusivement, sont adoptés.
Section/article 4:
The Chair: Mr Wessenger moves that paragraph 3 of section 4 of the bill be struck out and the following substituted:
"3. Administering, by injection or inhalation, a substance designated in the regulations."
And he further moves that section 4 of the bill be amended by adding the following paragraphs:
"5. Taking blood samples from newborns by skin pricking or from women from veins or by skin pricking.
"6. Inserting urinary catheters into women.
"7. Prescribing drugs designated in the regulations."
Motion agreed to.
Section 4, as amended, agreed to.
L'article 4, modifié, est adopté.
Section 5 agreed to.
L'article 5 est adopté.
Section/article 6:
The Chair: Mr Wessenger moves that clause 6(1)(a) of the bill be amended by striking out "at least eight and no more than ten" in the first line and substituting "at least seven and no more than eight."
And he further moves that clause 6(1)(b) of the bill be amended by striking out "four or five" in the first line and substituting "at least five and no more than seven."
Mr J. Wilson: I have a question for the parliamentary assistant. How many new government appointments are coming into effect as a result of all the legisltion regarding the Health Professions Regulation Act?
Mr Wessenger: There will be approximately 70 appointments as a result of all the legislation.
The Chair: All those in favour of the amendment? Those opposed?
Motion agreed to.
Section 6, as amended, agreed to.
L'article 6, modifié, est adopté.
Section 7 agreed to.
L'article 7 est adopté.
Section/article 8:
The Chair: Shall section 8 stand as part of the bill? All in favour? Any opposed?
Section 8 deleted.
L'article 8 est rayé.
Sections 9 to 14, inclusive, deleted.
Les articles 9 à 14, inclusivement, sont rayés.
Section/article 15:
The Chair: Mr Wessenger moves that subsection 15(1) of the bill be amended by striking out "in the course of providing or offering to provide, in Ontario, health care to individuals" in the last three lines.
Motion agreed to.
Section 15, as amended, agreed to.
L'article 15, modifié, est adopté.
Sections 16 and 17 agreed to.
Les articles 16 et 17 sont adoptés.
Section/article 18:
The Chair: Mr Wessenger moves that section 18 of the bill be amended by striking out "college" in the third line and substituting "council" and by striking out clause (c).
Motion agreed to.
1640
The Chair: Mr Wessenger moves that clause 18(a) of the bill be struck out and the following substituted:
"(a) designating the substances that may be administered by injection or inhalation and the drugs that may be prescribed by members in the course of engaging in the practice of midwifery."
Motion agreed to.
Section 18, as amended, agreed to.
L'article 18, modifié, est adopté.
Sections 19 and 20 agreed to.
Les articles 19 et 20 sont adoptés.
Section/article 21:
The Chair: Mr Wessenger moves that section 21 of the bill be amended by adding the following subsection:
(4) Despite subsection (1), section 81.1 of the health professions procedural code, as it applies in respect of this act, does not come into force until one year after this act comes into force."
Motion agreed to.
Section 21, as amended, agreed to.
L'article 21, modifié, est adopté.
Section 22 agreed to.
L'article 22 est adopté.
Title agreed to.
Le titre est adopté.
Mr Wessenger: Before we pass this bill, I would just like to make some comments with respect to the bill. First of all, I ask that the bill not be passed today, but that it be stood down until we have the opportunity to see what amendments might be required after consultations with respect to native groups. I would ask that we not vote on the bill today, that it be stood down until the same time as we consider Bill 43, if that might be accepted.
The Chair: That would be after Bill 64. I know there are some people here today with an interest in the bill who are keen to see it go forward. What we have done to this point in time is carry all the sections of the bill including the title. The only thing that remains is for me to call the bill, as amended.
What the government has just informed the committee is that there may be some amendments regarding native midwifery. It does not know at this point in time whether there will be or not, so it has asked that the bill be held open or that we not conclude the bill until we have dealt with all the sections dealing with native issues as they relate to both Bill 43 and to this bill, Bill 56, and that this be dealt with following the completion of Bill 24 in the package. Is that clear to everyone?
Mr Hope: No problem.
The Chair: The bill will be reconsidered following completion of Bill 64, which could take place next week. Will the government be ready to proceed?
Mr Wessenger: We will not be ready to proceed until after October 30.
The Chair: We could schedule time now for the committee to meet on the first Monday following October 30 -- would the clerk note that, with the concurrence of the committee -- for the conclusion of all items that relate to the native issues. For the interest of anyone in any of the midwifery issues, any of the native issues, the committee will be dealing with that on November 4, following question period, at approximately 3:30 in the afternoon. There will be a formal notice of the meeting, but it looks to me like that is the date as of now.
We have completed the work before us today, but the committee has to decide. We have eight bills remaining.
Mr J. Wilson: My recommendation would be the following four bills on Monday, the following four bills next Tuesday, and on November 4, cleanup day, including dealing with native issues.
The Chair: Is it agreed? Agreed. If all members and caucuses could have any outstanding or proposed amendments to the clerk by this Friday, that would be appreciated. The plan is that we will deal with the next four bills next Monday, and the last four bills next Tuesday, with the anticipation that we should be able to complete the bills. However, we have established November 4 as the date to complete any of the outstanding items and most particularly the native issues as they relate to this package of legislation.
The committee adjourned at 1646.