Midwifery Act, 1991, S.O. 1991, c. 31, Midwifery Act, 1991
Midwifery Act, 1991
S.O. 1991, CHAPTER 31
Consolidation Period:听 From June 3, 2021 to the .
Last amendment: .
Legislative History: 1998, c. 18, Sched. G, s. 36; ; ; .
Definitions
1 In this Act,
鈥淐ollege鈥 means the College of Midwives 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 midwifery; (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31, 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31, 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 Midwives 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 midwifery; (鈥減rofession鈥)
鈥渞egulations鈥 means the regulations under this Act. (鈥渞猫glements鈥)听 1991, c.听31, 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31, s.听2听(3).
Scope of practice
3 The practice of midwifery is the assessment and monitoring of women during pregnancy, labour and the post-partum period and of their newborn babies, the provision of care during normal pregnancy, labour and post-partum period and the conducting of spontaneous normal vaginal deliveries.听 1991, c.听31, s.听3.
Authorized acts
4 In the course of engaging in the practice of midwifery, a member is authorized, subject to the terms, conditions and limitations imposed on his or her certificate of registration, to perform the following:
1.听 Communicating a diagnosis identifying, as the cause of a woman鈥檚 or newborn鈥檚 symptoms, a disease or disorder that may be identified from the results of a laboratory or other test or investigation that a member is authorized to order or perform on a woman or a newborn during normal pregnancy, labour and delivery and for up to six weeks post-partum.
2.听 Managing labour and conducting spontaneous normal vaginal deliveries.
3.听 Inserting urinary catheters into women.
4.听 Performing episiotomies and amniotomies and repairing episiotomies and lacerations, not involving the anus, anal sphincter, rectum, urethra and periurethral area.
5.听 Administering, by injection or inhalation, a substance designated in the regulations.
6.听 Prescribing drugs designated in the regulations.
7.听 Putting an instrument, hand or finger beyond the labia majora or anal verge during pregnancy, labour and the post-partum period.
8.听 Administering suppository drugs designated in the regulations beyond the anal verge during pregnancy, labour and the post-partum period.
9.听 Taking blood samples from newborns by skin pricking or from persons from veins or by skin pricking.
10.听 Intubation beyond the larynx of a newborn.
11.听 Administering a substance by injection or inhalation as provided for in subsection 4.1 (2).听 2009, c.听26, s.听16 (1).
Section Amendments with date in force (d/m/y)
- 1/09/2011
Additional requirements for authorized acts
4.1 (1) A member is not authorized to perform a procedure under paragraph 10 of section 4 unless the member performs the act in accordance with the regulations.听 2009, c.听26, s.听16 (1).
Same
(2) A member is not authorized to perform a procedure under paragraph 11 of section 4 unless the procedure is ordered by a member of the College of Physicians and Surgeons of 澳门永利.听 2009, c.听26, s.听16 (1).
Professional misconduct
(3) 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) or (2).听 2009, c.听26, s.听16 (1).
Section Amendments with date in force (d/m/y)
- 1/09/2011
College established
5 The College is established under the name College of Midwives of 澳门永利 in English and Ordre des sages-femmes de l鈥櫚拿庞览 in French.听 1991, c.听31, s.听5.
Council
6 (1) The Council shall be composed of,
(a)听 at least seven and no more than eight persons who are members elected in accordance with the by-laws;
(b)听 at least five and no more than seven persons appointed by the Lieutenant Governor in Council who are not,
(i)听 members,
(ii)听 members of a College as defined in the Regulated Health Professions Act, 1991, or
(iii)听 members of a Council as defined in the Regulated Health Professions Act, 1991.听 1991, c.听31, s.听6听(1); 1998, c.听18, Sched.听G, s.听36听(1).
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31, s.听6听(2); 1998, c.听18, Sched.听G, s.听36听(2).
Section Amendments with date in force (d/m/y)
1998, c. 18, Sched. G, s. 36 (1, 2) - 1/02/1999
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31, s.听7.
Restricted titles
8 (1) No person other than a member shall use the title 鈥渕idwife鈥, a variation or abbreviation or an equivalent in another language.听 1991, c.听31, s.听8听(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 澳门永利 as a midwife or in a specialty of midwifery.听 1991, c.听31, s.听8听(2).
Exception for aboriginal midwives
(3) An aboriginal person who provides traditional midwifery services may,
(a)听 use the title 鈥渁boriginal midwife鈥, a variation or abbreviation or an equivalent in another language; and
(b)听 hold himself or herself out as a person who is qualified to practise in 澳门永利 as an aboriginal midwife.听 1991, c.听31, s.听8听(3).
Definition
(4) In this section,
鈥渁bbreviation鈥 includes an abbreviation of a variation.听 1991, c.听31, s.听8听(4).
9 Repealed: 2021, c. 25, Sched. 25, s. 20.
Section Amendments with date in force (d/m/y)
- 03/06/2021
Offence
10 Every person who contravenes subsection 8 (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听$50,000 for a second or subsequent offence.听 2007, c.听10, Sched.听B, s.听13听(1).
Section Amendments with date in force (d/m/y)
- 4/06/2007
Regulations
11 (1) Subject to the approval of the Lieutenant Governor in Council and with prior review by the Minister, the Council may make regulations,
(a)听 designating the substances that may be administered by injection or inhalation by members in the course of engaging in the practice of midwifery;
(b)听 designating the drugs that may be prescribed or the suppository drugs that may be administered by members in the course of engaging in the practice of midwifery;
(c)听 specifying the drugs that a member may use in the course of engaging in the practice of midwifery;
(d)听 governing the performance of the procedure under paragraph 10 of section 4, including establishing requirements for performing the procedure and the circumstances in which the procedure may be performed;
(e)听 regulating and governing the prescribing, administering or using of drugs by members and ancillary matters, including, without limiting the generality of the foregoing,
(i)听 setting requirements respecting the prescribing, administering or using of drugs,
(ii)听 governing the purposes for which, or the circumstances under which, drugs may be prescribed, administered or used,
(iii)听 setting prohibitions.听 2007, c.听10, Sched.听B, s.听13听(2); 2009, c.听26, s.听16 (2, 3).
Individual drugs or categories
(2) A regulation made under clause (1) (a), (b) or (c) may designate or specify individual substances or drugs or categories of substances or drugs.听 2009, c.听26, s.听16 (4).
Incorporation by reference
(3) A regulation made under clause (1) (a), (b) or (c) may adopt, by reference, in whole or in part, and with such changes as are considered necessary, one or more documents setting out a list of individual drugs or substances or a list of categories of drugs or substances.听 2009, c.听26, s.听16 (4).
Rolling incorporation
(4) If a regulation provided for in subsection (3) so provides, a document adopted by reference shall be a reference to it as amended from time to time after the making of the regulation.听 2009, c.听26, s.听16 (4).
Must be made by expert committee
(5) A document adopted by reference under subsection (3) may only be a document created or approved by an expert committee established under section 43.2 of the Regulated Health Professions Act, 1991 and no other body.听 2009, c.听26, s.听16 (4).
Availability
(6) A document adopted by reference under subsection (3) must be named in the regulation and must be available for public inspection during normal business hours in the office of the College and must be posted on the College鈥檚 website or available through a hyperlink at the College鈥檚 website.听 2009, c.听26, s.听16 (4).
Section Amendments with date in force (d/m/y)
- 4/06/2007
- 1/09/2011
12.Repealed:听 2007, c.听10, Sched.听B, s.听13听(3).
Section Amendments with date in force (d/m/y)
- 4/06/2007
13 Repealed:听 2007, c.听10, Sched.听B, s.听13听(3).
Section Amendments with date in force (d/m/y)
- 4/06/2007
14 Omitted (provides for coming into force of provisions of this Act).听 1991, c.听31, s.听14.
15 Omitted (enacts short title of this Act).听 1991, c.听31, s.听15.
听