Medicine Act, 1991, S.O. 1991, c. 30, Medicine Act, 1991
Medicine Act, 1991
S.O. 1991, CHAPTER 30
Consolidation Period: From April 1, 2025 to the .
Last amendment: .
Legislative History: 1998, c. 18, Sched. G, s. 35; ; ; ; ; ; ; ; .
Definitions
1 In this Act,
鈥淐ollege鈥 means the College of Physicians and Surgeons of 澳门永利; (鈥淥rdre鈥)
鈥淗ealth Professions Procedural Code鈥 means the Health Professions Procedural Code set out in Schedule 2 to the Regulated Health Professions Act, 1991; (鈥淐ode des professions de la sant茅鈥)
鈥渕ember鈥 means a member of the College; (鈥渕embre鈥)
鈥減rofession鈥 means the profession of medicine; (鈥減rofession鈥)
鈥渢his Act鈥 includes the Health Professions Procedural Code. (鈥渓a pr茅sente loi鈥)听 1991, c.听30, s.听1.
Health Professions Procedural Code
2 (1) The Health Professions Procedural Code shall be deemed to be part of this Act.听 1991, c.听30, s.听2听(1).
Terms in Code
(2) In the Health Professions Procedural Code as it applies in respect of this Act,
鈥淐ollege鈥 means the College of Physicians and Surgeons of 澳门永利; (鈥渙rdre鈥)
鈥渉ealth profession Act鈥 means this Act; (鈥渓oi sur une profession de la sant茅鈥)
鈥減rofession鈥 means the profession of medicine; (鈥減rofession鈥)
鈥渞egulations鈥 means the regulations under this Act. (鈥渞猫glements鈥)听 1991, c.听30, s.听2听(2).
Definitions in Code
(3) Definitions in the Health Professions Procedural Code apply with necessary modifications to terms in this Act.听 1991, c.听30, s.听2听(3).
Scope of practice
3 The practice of medicine is the assessment of the physical or mental condition of an individual and the diagnosis, treatment and prevention of any disease, disorder or dysfunction.听 1991, c.听30, s.听3.
Authorized acts
4 In the course of engaging in the practice of medicine, a member is authorized, subject to the terms, conditions and limitations imposed on his or her certificate of registration, to perform the following:
1. Communicating a diagnosis identifying a disease or disorder as the cause of a person鈥檚 symptoms.
2. Performing a procedure on tissue below the dermis, below the surface of a mucous membrane, in or below the surface of the cornea or in or below the surfaces of the teeth.
3. Setting or casting a fracture of a bone or a dislocation of a joint.
4. Moving the joints of the spine beyond a person鈥檚 usual physiological range of motion using a fast, low amplitude thrust.
5. Administering a substance by injection or inhalation.
6. Putting an instrument, hand or finger,
i. beyond the external ear canal,
ii. beyond the point in the nasal passages where they normally narrow,
iii. beyond the larynx,
iv. beyond the opening of the urethra,
v. beyond the labia majora,
vi. beyond the anal verge, or
vii. into an artificial opening into the body.
7. Applying or ordering the application of a prescribed form of energy.
8. Prescribing, dispensing, selling or compounding a drug.
9. Prescribing or dispensing, for vision or eye problems, subnormal vision devices, contact lenses or eye glasses.
10. Prescribing a hearing aid for a hearing impaired person.
11. Managing labour or conducting the delivery of a baby.
12. Allergy challenge testing of a kind in which a positive result is a significant allergic response.
13. Treating, by means of psychotherapy technique delivered through a therapeutic relationship, an individual鈥檚 serious disorder of thought, cognition, mood, emotional regulation, perception or memory that may seriously impair the individual鈥檚 judgement, insight, behaviour, communication or social functioning. 1991, c.听30, s.听4; 2007, c. 10, Sched. R, s. 15.
Section Amendments with date in force (d/m/y)
- 30/12/2017
Physician assistants
4.1 (1) There shall be a class of members to be known as physician assistants. 2021, c. 27, Sched. 3, s. 1.
Restriction
(2) Subject to subsection (3), a reference in any other Act or regulation to a physician, a legally qualified medical practitioner, a member of the College or any similar expression does not include a physician assistant unless the other Act or regulation specifically provides that it does. 2021, c. 27, Sched. 3, s. 1.
Exception
(3) Despite subsection (2), a provision of the Regulated Health Professions Act, 1991, that applies with respect to a member of the College applies with respect to a physician assistant unless it provides otherwise, except in,
(a) clause 33 (2) (c) of that Act; and
(b) paragraph 3 of subsection 33.1 (1) of that Act. 2021, c. 27, Sched. 3, s. 1.
Additional requirements for authorized acts by physician assistants
(4) A member who is a physician assistant shall not perform an act under the authority of section 4 unless the performance of the act by the member is permitted by the regulations and the member performs the act in accordance with the regulations. 2021, c. 27, Sched. 3, s. 1.
Grounds for misconduct
(5) 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 (4). 2021, c. 27, Sched. 3, s. 1.
Section Amendments with date in force (d/m/y)
- 01/04/2025
College continued
5 The College is continued under the name College of Physicians and Surgeons of 澳门永利 in English and Ordre des m茅decins et chirurgiens de l鈥櫚拿庞览 in French.听 1991, c.听30, s.听5.
Non-traditional practice
5.1 A member shall not be found guilty of professional misconduct or of incompetence under section 51 or 52 of the Health Professions Procedural Code solely on the basis that the member practises a therapy that is non-traditional or that departs from the prevailing medical practice unless there is evidence that proves that the therapy poses a greater risk to a patient鈥檚 health than the traditional or prevailing practice.听 2000, c.听28, s.听1.
Section Amendments with date in force (d/m/y)
- 21/12/2000
Council
6 (1) The Council shall be composed of,
(a) at least 15 and no more than 16 persons who are members elected in accordance with the by-laws;
(b) at least thirteen and no more than fifteen 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) three persons selected, in accordance with a by-law made under section 12.1, from among members who are members of a faculty of medicine of a university in 澳门永利.听 1991, c.听30, s.听6听(1); 1998, c.听18, Sched.听G, s.听35听(1,听2).
Who can vote in elections
(2) Subject to the by-laws, every member who practises or resides in 澳门永利 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.听 1991, c.听30, s.听6听(2); 1998, c.听18, Sched.听G, s.听35听(3).
Section Amendments with date in force (d/m/y)
1998, c. 18, Sched. G, s. 35 (1-3) - 01/02/1999
President and Vice-President
7 The Council shall have a President and Vice-President who shall be elected annually by the Council from among the Council鈥檚 members.听 1991, c.听30, s.听7.
8 Repealed:听 2007, c.听10, Sched.听G, s.听35.
Section Amendments with date in force (d/m/y)
- 04/09/2007
Restricted titles
9 (1) No person other than a member shall use the titles 鈥渙steopath鈥, 鈥減hysician鈥, 鈥渟urgeon鈥 or 鈥減hysician assistant鈥, a variation or abbreviation or an equivalent in another language.听 1991, c.听30, s.听9听(1); 2021, c. 27, Sched. 3, s. 2 (1).
Dentists excepted
(2) Subsection (1) does not apply to the use of the title 鈥渟urgeon鈥, a variation or abbreviation or an equivalent in another language by a member of the Royal College of Dental Surgeons of 澳门永利.听 1991, c.听30, s.听9听(2).
Representations of qualification, etc.
(3) No person other than a member shall hold himself or herself out as a person who is qualified to practise in 澳门永利 as an osteopath, physician, surgeon or physician assistant or in a specialty of medicine.听 1991, c.听30, s.听9听(3); 2021, c. 27, Sched. 3, s. 2 (2).
Definition
(4) In this section,
鈥渁bbreviation鈥 includes an abbreviation of a variation.听 1991, c.听30, s.听9听(4).
Section Amendments with date in force (d/m/y)
- 01/04/2025
10 Repealed: 2021, c. 25, Sched. 25, s. 19.
Section Amendments with date in force (d/m/y)
- 03/06/2021
Offence
11 Every person who contravenes subsection 9 (1) or (3) 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听$50,000 for a second or subsequent offence.听 2007, c.听10, Sched.听B, s.听12听(1).
Section Amendments with date in force (d/m/y)
- 04/06/2007
Regulations
12 Subject to the approval of the Lieutenant Governor in Council and with prior review by the Minister, the Council may make regulations,
(a) regulating and governing the prescribing, dispensing, compounding and selling of drugs by members in the course of engaging in the practice of medicine and ancillary matters, including establishing requirements and setting prohibitions;
(b) requiring members to keep records respecting the prescribing, dispensing, compounding and selling of drugs and providing for the contents of those records;
(c) requiring members to provide the College or the Minister with reports respecting the prescribing, dispensing, compounding and selling of drugs and providing for the contents of those reports;
(d) governing the performance of acts by members who are physician assistants. 2009, c.听26, s.听15; 2021, c. 27, Sched. 3, s. 3.
Section Amendments with date in force (d/m/y)
1998, c. 18, Sched. G, s. 35 (4) - 01/02/1999
- 15/12/2009
- 01/04/2025
By-laws
12.1 The Council may make by-laws respecting the qualifications, selection and terms of office of Council members who are selected.听 1998, c.听18, Sched.听G, s.听35听(4).
Section Amendments with date in force (d/m/y)
1998, c. 18, Sched. G, s. 35 (4) - 01/02/1999
Minister regulations
12.2 Subject to the approval of the Lieutenant Governor in Council, the Minister may make regulations exempting a person from subsection 9 (1) or (3) and setting conditions on such an exemption. 2023, c. 4, Sched. 2, s. 7.
Section Amendments with date in force (d/m/y)
- 24/07/2023
Transitional
13 A person who, on the day before this Act comes into force, held a licence issued under Part III of the Health Disciplines Act shall be deemed to be the holder of a certificate of registration issued under this Act subject to any term, condition or limitation to which the licence was subject.听 1991, c.听30, s.听13.
14, 15 Repealed:听 2007, c.听10, Sched.听B, s.听12听(2).
Section Amendments with date in force (d/m/y)
- 04/06/2007
16 Omitted (provides for coming into force of provisions of this Act).听 1991, c.听30, s.听16.
17 Omitted (enacts short title of this Act).听 1991, c.听30, s.听17.
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