Proposed Regulation Change: College Oversight of Fertility Services (Consultation Closed)

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    The deadline to provide feedback is April 21, 2017

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    On February 24, 2017, Council approved a revised proposed regulation amendment that would allow the College to enter and inspect premises where fertility services are performed, regardless of whether anesthesia or sedation is used.

    View the proposed amendment

    The College is now inviting feedback from all stakeholders on the proposed regulation amendment.


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



    In December 2015, the provincial government expanded access to fertility services by funding one cycle of in vitro fertilization (IVF) per eligible patient, per lifetime as well as funding unlimited cycles of intra-uterine insemination (IUI) and one fertility preservation (FP) cycle for medical reasons. The government also committed to implementing a quality and inspections framework for all fertility services in Ontario, regardless of whether they are delivered as part of the funded program. The College was asked by the provincial government to develop and implement this framework.

    In order to fulfill this request by the government, the College needs authority to enter and inspect the premises where fertility services are performed, regardless of whether anesthesia or sedation is used. Amendments to Ontario Regulation 114/94, which deals with the College’s Out-of-Hospital Premises Inspection Program (“the OHPIP”), will enable the College to enter and inspect all facilities that offer fertility services. Currently, only clinics that offer fertility services that are delivered under types of anesthesia or sedation are captured by the OHPIP.

    In September 2016, Council approved  for consultation a proposed regulation amendment. Following this consultation, changes were proposed to the draft regulation in response to the feedback received and the revised regulation amendment was approved by Council in February 2017.

    The College has convened an Expert Panel on Fertility Services to develop a draft Companion document “Applying the Out-of- Hospital Premises Inspection Program (OHPIP) Standards in Fertility Services Premises” to help fertility services practitioners plan for and participate in their inspection-assessments. This document was circulated for feedback in a separate consultation process and a revised document will be approved and then publicly posted in the coming months.

    Proposed Changes

    The changes proposed in the regulation would allow for the inspection of premises where:

    44.(1)(b.1) any act that is performed in connection with,
    i. in vitro fertilization,
    ii. artificial insemination,
    iii. sperm cryopreservation and oocyte cryopreservation,

    The proposed regulation is also amended to clarify that 44.(1)(b.1) does not include “the sole act of counseling or referral for the procedures set out in subsection (b.1).”

    The regulation is amended to clarify that hospitals that are performing the procedures included in 44.(1)(b.1) are also subject to inspection and that the existing timelines in the regulation regarding notification and inspection will also apply to premises that offer fertility services.

    Finally, in order to fulfill the Ministry’s request that performance and data reporting requirements be enhanced, a change is proposed in 47.(c) that would compel a member to provide this information to the College information, if requested.

    Have Your Say

    We would like to hear your thoughts on the revised proposed regulation amendment. The feedback obtained during the consultation will be carefully reviewed by the College’s Executive Committee and Council and will inform any further revisions. 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 April 21, 2017.


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

    Attention: Policy Department