Proposed Amendment to Ontario Regulation 114/94

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    The deadline to provide feedback is February 7, 2014

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    On December 5, 2013, Council approved for consultation a proposed regulation amendment to allow the College’s Premises Inspection Committee to inspect Independent Health Facilities that meet the Out-of-Hospital Premises Inspection Program’s criteria for inspection: performing procedures under specified types of anaesthetic.

    View the proposed amendment

    The College is now inviting feedback from all stakeholders, including members of the medical profession, the public, health system organizations and other health professionals on the proposed regulation amendment.


    We want to hear your thoughts on the proposed regulation amendment…



    The College’s regulation amendment proposal was prompted by the provincial government’s proposal to amend the regulations under two acts, the Independent Health Facilities Act and the Local Health Systems Integration Act. These changes will result in some procedures, including colonoscopies and possibly others, which patients currently receive in hospital being provided instead in community specialty clinics that are regulated under the Independent Health Facilities Act.

    In response to this change by the government, the College is seeking an amendment to a section of Ontario Regulation 114/94 which deals with the College’s Out-of-Hospital Premises Inspection Program. The amendment will enable the College’s Program to inspect and regulate the community clinics that will be providing colonoscopies (and possibly other procedures under specified types of anaesthetic). Without this amendment, the clinics could only be inspected under a different system created by the Independent Health Facilities Act. The College believes that its Out-of-Hospital Premises Inspection Program is an effective and efficient approach to the inspection of these clinics, as it allows the College to take direct action to address concerns related to patient safety. The proposed amendment would mean that the tools provided under both regulatory regimes, the Independent Health Facilities Act and the College’s Program are available, which the College believes will lead to the best quality of facilities and patient care to best protect patients.


    Removing the exemption for Independent Health Facilities from the College’s Out-of Hospital Premises Inspection Program in Ontario Regulation 114/94 will not bring all Independent Health Facilitates under the College’s Program. Only clinics that meet the criteria (performing procedures under specified types of anaesthetic) will be inspected under the College’s Program. The amendment does not alter the assessment criteria.

    Overall, this amendment is a fairly simple solution to the issue posed by bringing additional clinics under the Independent Health Facilities Act, which currently removes them from the Out-of-Hospital Premises Inspection Program. It will ensure that the College maintains effective and efficient regulatory control over the clinics that fall within the scope of the College’s Program. It will also ensure the College has the tools to quickly respond to patient safety concerns identified during an inspection or assessment.

    Have Your Say

    We would like to hear your thoughts on the proposed regulation amendment. The feedback obtained during the consultation will be carefully reviewed by the College’s Executive Committee and Council and will inform revisions, if any, prior to final approval. While it may not be possible to ensure that every comment will be incorporated, all comments will be carefully considered in light of the College’s mandate to protect and serve the public interest.

    To ensure transparency, the College will post all consultation feedback in accordance with our posting guidelines.

    We value your feedback and thank you again for participating in our consultation process.

    Please provide your feedback by February 7, 2014.


    Have your say

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    Send us your feedback by mail:

    College of Physicians and Surgeons of Ontario
    80 College Street
    Toronto, Ontario

    Attention: Policy Department