Transcription du comité 1991-oct-29 | Assemblée législative de l'Ontario

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

Pharmacy Act, 1991 / Loi de 1991 sur les pharmaciens

Physiotherapy Act, 1991 / Loi de 1991 sur les physiothérapeutes

Psychology Act, 1991 / Loi de 1991 sur les psychologues

Respiratory Therapy Act, 1991 / Loi de 1991 sur les inhalothérapeutes

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:

Cleary, John C. (Cornwall L) for Mr Beer

McClelland, Carman (Brampton North L) for Mr McLeod

Clerk: Mellor, Lynn

Staff:

Bohnen, Linda, Legislative Counsel

Burrows, Allan, Legislative Counsel

Spakowski, Mark, Legislative Counsel

The committee met at 1553 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.

PHARMACY ACT, 1991 / LOI DE 1991 SUR LES PHARMACIENS

The Chair: I will begin calling the clauses.

Sections 1 to 6, inclusive, agreed to.

LES ARTICLES 1 À 6, INCLUSIVEMENT, SONT ADOPTÉS.

Section/article 7:

The Chair: Mr Wessenger moves that clause 7(1)(a) of the bill be amended by striking out "at least nine and no more than twenty" in the first line and substituting "at least nine and no more than seventeen."

And he further moves that clause 7(1)(b) of the bill be amended by striking out "nine" in the first line and substituting "at least nine and no more than sixteen."

All those in favour? All those opposed?

Motion agreed to.

Section 7, as amended, agreed to.

L'ARTICLE 7, MODIFIÉ, EST ADOPTÉ.

Section 8 agreed to.

L'ARTICLE 8 EST ADOPTÉ.

Section article 9:

The Chair: Shall section 9 stand as part of the bill? All those in favour? Any opposed?

Section 9 deleted.

L'ARTICLE 9 EST RAYÉ.

Sections 10 to 14, inclusive, deleted.

LES ARTICLES 10 À 14, INCLUSIVEMENT, SONT RAYÉS.

Section/article 15:

The Chair: Mr Wessenger moves that subsection 15(1) of the bill be struck out and the following substituted:

"(1) The college shall have an accreditation committee.

"(1.1) The council shall appoint the members of the accreditation committee.

"(1.2) The composition of the accreditation committee shall be in accordance with the regulations."

Motion agreed to.

Section 15, as amended, agreed to.

L'ARTICLE 15, MODIFIÉ, EST ADOPTÉ.

Section/article 16:

The Chair: Shall section 16 stand as part of the bill? All those in favour? Any opposed?

Section 16 deleted.

L'ARTICLE 16 EST RAYÉ.

Section/article 17:

The Chair: Mr Wessenger moves that subsection 17(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 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 struck out and the following substituted:

"20. Subject to the approval of the Lieutenant Governor in Council and with prior review by the minister, the college may make regulations providing for the composition of the accreditation committee."

Motion agreed to.

Section 20, as amended, agreed to.

L'ARTICLE 20, MODIFIÉ, EST ADOPTÉ.

Sections 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: Shall the bill, as amended, carry? All those in favour? Any opposed? Carried.

That completes Bill 61. It will be ordered along with all of the others. Are we ready for Bill 62, An Act respecting the regulation of the Profession of Physiotherapy?

Mr Wessenger: I wonder if we could have a short recess.

The Chair: Fine. A five-minute recess has been requested by the government. The committee stands in recess for five minutes.

The committee recessed at 1559.

1604

PHYSIOTHERAPY ACT, 1991 / LOI DE 1991 SUR LES PHYSIOTHÉRAPEUTES

The Chair: The standing committee on social development is now in session on Bill 62, an Act respecting the regulation of the Profession of Physiotherapy.

Sections 1 to 3, inclusive, agreed to.

LES ARTICLES 1 À 3, INCLUSIVEMENT, SONT ADOPTÉS.

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 physiotherapy, a member is authorized, subject to the terms, conditions and limitations imposed on his or her certificate of registration, to perform the following:

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

"2. Tracheal suctioning."

All those in favour? Any opposed?

Motion agreed to.

The Chair: Mr J. Wilson moves that section 4 of the bill be struck out and the following substituted:

"1. Communicating a diagnosis within the scope of practice of physiotherapy."

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

"3. Tracheal suctioning."

Mr J. Wilson: The intent of the amendment, which differs from the government amendment we just passed, is that we believe physiotherapists should be allowed to communicate a diagnosis within their scope of practice. At present, physical therapists routinely communicate to their clients their findings of physical disorders or dysfunctions. This communication is not only necessary for the patient to understand his condition and the treatment plan suggested by the therapist but is most important for the patient to give informed consent to further treatment of his condition. It will also severely limit the usual practice of advising and educating the patient on methods of treatment and prevention if physical therapists are not permitted to communicate a diagnosis within their scope of practice.

Mr Wessenger: I will be opposing this amendment, as I have opposed the other amendments, because we believe physical therapists do not diagnose but do assessments only.

The Chair: All those in favour? Any opposed?

Motion negatived.

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 seven 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 "at least four and no more than six" in the first line and substituting "at least five and no more than seven."

The Chair: All those in favour? 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 those 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/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.

1610

The Chair: Mr McClelland moves that subsection 15(1) of the bill be amended by adding after "physiotherapist" in the second line "physical therapist."

Mr McClelland: The interchangeability is customary within the professional practice. It is in simple language to make it more consumer friendly, and appropriately so, for those individuals in society who are using the services of physiotherapists and physical therapists and who often see them as one and the same. Indeed, it is recognized as such within the profession.

Mr J. Wilson: Members will note that our amendment following is exactly the same. Therefore, we would like to support the Liberal amendment put forward by Mr McClelland. To add to what he said, I remind members that both titles are currently protected under the Drugless Practitioners Act and are protected in analogous legislation in seven of nine other provinces that have similar legislation.

Mr Wessenger: We will be supporting this amendment.

Motion agreed to.

The Chair: Mr Wilson, you are withdrawing your amendment?

Mr J. Wilson: Yes, Madam Chair.

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.

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 23 agreed to.

L'ARTICLE 23 EST ADOPTÉ.

Title agreed to.

LE TITRE EST ADOPTÉ.

The Chair: Shall the bill, as amended, carry? All those in favour? Any opposed? Carried.

PSYCHOLOGY ACT, 1991 / LOI DE 1991 SUR LES PSYCHOLOGUES

The Chair: Are we ready to proceed with Bill 63?

Sections 1 to 3, inclusive, agreed to.

LES ARTICLES 1 À 3, INCLUSIVEMENT, SONT ADOPTÉS.

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 psychology, a member is authorized, subject to the terms, conditions and limitations imposed on his or her certificate of registration, to communicate a diagnosis identifying, as the cause of a person's symptoms, a neuropsychological disorder or a psychologically based psychotic, neurotic or personality disorder."

Mr Wessenger: This just takes out the word "dysfunction" from the previous description of the authorized act.

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 six and no more than nine" in the first line and substituting "at least five and no more than seven".

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."

All those in favour? 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 those 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:

Mr Wessenger: I am going to ask that section 15 stand down until Monday because there are discussions between the PhDs and the MAs in psychology which may indicate the need for amendments.

The Chair: Is it agreed that all of section 15 be stood down until next Monday?

Agreed to.

Sections 16 and 17 agreed to.

LES ARTICLES 16 ET 17 SONT ADOPTÉS.

The Chair: Mr McClelland, you were going to withdraw section 15.1.

Mr McClelland: I think that would be appropriate, but inasmuch as the whole matter is --

The Chair: Section 15 is a separate section. Section 15.1 was a new section. It is my understanding that you wanted to withdraw it.

Mr McClelland: We will withdraw it.

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 strking out clause (b).

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 23 agreed to.

L'ARTICLE 23 EST ADOPTÉ.

Title agreed to.

LE TITRE EST ADOPTÉ.

The Chair: We cannot call the bill as we have one section outstanding. That will be dealt with, for those who are interested, on Monday.

1620

RESPIRATORY THERAPY ACT, 1991 / LOI DE 1991 SUR LES INHALOTHÉRAPEUTES

The Chair: Are we ready to proceed with Bill 64?

Sections 1 and 2 agreed to.

LES ARTICLES 1 ET 2 SONT ADOPTÉS.

Section/article 3:

The Chair: Mr Wessenger moves that section 3 of the bill be amended by striking out "on the order of a member of the College of Physicians and Surgeons of Ontario" in the fifth, sixth and seventh lines.

Motion agreed to.

Section 3, as amended, agreed to.

L'ARTICLE 3, MODIFIÉ, EST ADOPTÉ.

Section/article 4:

The Chair: Mr Wessenger moves that paragraphs 1 and 2 of section 4 of the bill be struck out and the following substituted:

"1. Performing a prescribed procedure below the dermis.

"2. Intubation beyond the point in the nasal passages where they normally narrow or beyond the larynx.

"3. Suctioning beyond the point in the nasal passages where they normally narrow or beyond the larynx.

"4. Administering a substance by injection or inhalation."

Mr Wessenger: It has been reworded.

Mr J. Wilson: I have a question for the parliamentary assistant. Was any consideration given concerning the controlled act of allergy testing? That came up in our discussions with the respiratory therapists.

Mr Wessenger: I will ask counsel to reply to that one.

Ms Bohnen: The ministry has also had discussions with the profession about that. Their concern had to do with whether they would be permitted to administer by injection or inhalation substances used to perform allergy tests. We have assured them that the ordering of the administration of substances by the physician will certainly include antigens, the substances used for allergy testing. I do not believe they need to have a concern about this.

Motion agreed to.

Section 4, as amended, agreed to.

L'ARTICLE 4, MODIFIÉ, 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 paragraph 1, 2 or 4 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 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 twelve" in the first line and substituting "at least seven and no more than ten."

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."

All those in favour? 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 those 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:

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: Shall section 18 stand as part of the bill? All those in favour? Any opposed?

Section 18 deleted.

L'ARTICLE 18 EST RAYÉ.

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."

Mr J. Wilson: Just as a last hurrah, I put on the record that I will be opposing this amendment because it deals with the patient relations committee and program, which we believe ignore the right of compensation for victims of sexual abuse.

Mr Owens: Just to comment on Mr Wilson's comment, we do not feel that compensation is the sole criterion for dealing with the victims of sexual abuse. I will be quite pleased to support this amendment.

Mr J. Wilson: We do not believe it is the sole criterion either, but it certainly is an important part of any program that would come forward. We believe the patient relations program is incomplete and that is why we are unable to support this amendment in each of the bills.

The Chair: All those in favour? Any opposed?

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.

The Chair: Shall the bill, as amended, carry? All those in favour? Any opposed? Carried.

This will be ordered with the others. Further business for today? The committee stands adjourned until next Monday at 3:30.

The committee adjourned at 1629.