DDO Legislative Update

A weekly scan of new legislation and regulations important to the Ontario health sector, as well as articles of interest.

BILLS

Bill 126: Illegal Pill Press Act, 2017

Introduced by

Michael Harris, MPP (Kitchener—Conestoga)

  • Critic, Research, Innovation & Science
  • Member, Standing Committee on Estimates
  • Critic, Transportation
  • Progressive Conservative Party of Ontario

Current Status

  • April 27, 2017: First Reading – Carried
  • September 21, 2017: Second Reading – Debate
    • Second Reading – Carried
    • Ordered referred to Standing Committee – Standing Committee on General Government

 Summary

This Bill makes changes to the Drug and Pharmacies Regulation Act. It proposes to prohibit a person from possessing or using designated pharmaceutical equipment, unless that person is either a pharmacist or a person acting under the supervision of a pharmacist. Also, if the person uses the equipment, he or she must use the equipment in a pharmacy that has received a certificate of accreditation.

A designated pharmaceutical equipment is considered any of the following: a pill or tablet press, a tablet machine, a capsule filling machine, a pharmaceutical mixer or a tablet punch or die, subject to the qualifications, if any, that are specified by the regulations made under the Act, and any other equipment that is specified by the regulations.

Full Text of the Bill

http://www.ontla.on.ca/web/bills/bills_detail.do?locale=en&BillID=4795&detailPage=bills_detail_the_bill

 

REGULATIONS

Homes for Special Care Funding Rate Increase

The Ministry of Health and Long-Term Care wants to modernize the Homes for Special Care program. The proposed regulations include the following changes, with effective date of January 1, 2018 or the date the regulation is filed, whichever is later:

  • 43 of Regulation 636 under the Homes for Special Care Act be amended, authorizing the Ministry of Health and Long-Term Care to provide a 3% increase in the funding rate provided to licensees.
  • Funding rate per person will increase from $1,556.12 to $1,602.80 for each full month the tenant receives care in the home.
    • The daily funding rate per person (for periods less than a month) is proposed to increase from $51.16 to $52.69.

Comments due: October 19, 2017

For more information about the regulation: http://www.ontariocanada.com/registry/view.do?postingId=24905&language=en

 

Homes for Special Care Modernization (OPDP)

As above, this proposed change also relates to the modernization of the Homes for Special Care program, to take effect on January 1, 2018, if approved. The Ministry of Health and Long-Term Care is proposing an amendment to Ontario Regulation 201/96, under the Ontario Drug Benefit Act, to support the Community Homes for Opportunity program, an initiative related to the Homes for Special Care program. The Ministry of Health and Long-Term Care is proposing to prescribe persons who reside in homes that are part of the Community Homes for Opportunity program who are insured persons under the Health Insurance Act as a class of eligible persons for the purposes of the Ontario Drug Benefit Act.

Comments due: October 19, 2017

For more information about the regulation: http://www.ontariocanada.com/registry/view.do?postingId=24906&language=en

 

ARTICLES OF INTEREST

 

DDO Legislative Update

A weekly scan of new legislation and regulations important to the Ontario health sector, as well as articles of interest.

 

BILLS

Bill 154: Cutting Unnecessary Red Tape Act, 2017

Introduced By:

Brad Duguid, MPP

  • Minister of Economic Development and Growth
  • Ontario Liberal Party

 Current Status

  • September 14, 2017: First Reading – Carried

Summary

The Bill is part of a government initiative to “cut unnecessary red tape” – red tape is an idiom that refers to excessive regulation or formal rules. The Bill enacts, amends, and/or repeals many Acts. The Schedules set out the amendments/repeals of the Acts separately. Some Schedules bare the name of a Ministry, which indicates that the Schedule relates to Acts that are administered by that Ministry or affect that Ministry.

These are the Schedules in this Bill (bold indicates likely relevance):

  • Schedule 1: Ministry of Agriculture, Food and Rural Affairs
  • Schedule 2: Ministry of the Attorney General
    • This Schedule includes changes to the Charities Accounting Act                               
  • Schedule 3: Repeal of the Employers and Employees Act
  • Schedule 4: Reducing Regulatory Costs for Business Act, 2017
  • Schedule 5: Ministry of the Environment and Climate Change
  • Schedule 6: Ministry of Government and Consumer Services — Corporate Amendments
  • Schedule 7: Ministry of Government and Consumer Services — Corporations Act and Related Amendments
    • This Schedule includes changes to the Business Corporations Act and other corporate acts
  • Schedule 8: Ministry of Government and Consumer Services — Not-for-Profit Corporations Act, 2010 and Consequential Amendments
  • Schedule 9: Ministry of Government and Consumer Services — Registration and Other Statutes
  • Schedule 10: Ministry of Municipal Affairs
  • Schedule 11: Accessibility Amendments

Full Text of the Bill

http://www.ontla.on.ca/web/bills/bills_detail.do?locale=en&Intranet=&BillID=5000

 

Bill 151: Workplace Safety and Insurance Amendment Act (PTSD Benefits), 2017

Introduced By:

Taras Natyshak, MPP

  • Critic, Digital Government
  • Critic, Community Safety and Correctional Services
  • Critic, International Trade
  • New Democratic Party of Ontario

Current Status

  • September 12, 2017: First Reading – Carried
  • September 14, 2017: Second Reading – Debate
    • September 14, 2017: Second Reading – Carried on division
    • September 14, 2017: Ordered referred to the Standing Committee on Regulations and Private Bills

Summary

The Bill amends the Workplace Safety and Insurance Act, 1997. Section 14’s application is expanded to include entitlement to benefits under the insurance plan for posttraumatic stress disorder to

  • nurses,
  • health care workers that provide assistance to first responders, and
  • workers, with the exception of police officers, who provide police services or support the work of people who provide such services.

Full Text of the Bill

http://www.ontla.on.ca/web/bills/bills_detail.do?locale=en&BillID=4996&detailPage=bills_detail_the_bill

 

Bill 149: Ministry of Mental Health and Addictions Act, 2017

Introduced By

France Gélinas, MPP

  • Critic, Health
  • Critic, Pharmacare
  • Deputy Third Party House Leader
  • Critic, Francophone Affairs
  • New Democratic Party of Ontario

Current Status

  • September 11, 2017: First Reading – Carried
  • September 14, 2017: Second Reading – Debate
    • Second Reading – Carried on division
    • Ordered referred to the Standing Committee on Finance and Economic Affairs

Summary

The Bill establishes the Ministry of Mental Health and Addictions. Section 4 highlights the functions and duties of the Minister.

Full Text of the Bill

http://www.ontla.on.ca/web/bills/bills_detail.do?locale=en&Intranet=&BillID=4975

 

REGULATIONS

Proposed Regulatory Amendment to O. Reg. 386/99 under the Home Care and Community Services Act, 1994 (HCCSA) Relating to Direct Funding Agreements for the Purpose of Self-Directed Care (SDC)

In May 2015, the Ministry announced the “Patients First: A Roadmap to Strengthen Home and Community Care”, which was a three-year plan to improve and expand home and community care. This included the Self-Directed Care initiative – clients are able to hire their own provider, or purchase services from a provider of their choice, using funding provided directly to them.

The proposed regulatory amendment would:

  • Specify the community services that LHINs may fund when providing direct funding to, or on behalf of, a person to purchase a community service;
  • Identify who the eligible client cohorts are; and
  • Exempt LHINs from the current service maximums that are in place for personal support services regarding direct funding agreements for the purpose of self-directed care entered into with, or on behalf of, adults with an acquired brain injury.

This would apply where the Minister has approved a LHIN to provide funding to, or on behalf of, a person to purchase a community service.

Comments due: October 9, 2017

For more information about the regulation: http://www.ontariocanada.com/registry/view.do?postingId=24865&language=en

Proposed regulatory amendments for the regulation of diagnostic medical sonographers under the College of Medical Radiation Technologists of Ontario

The proposed regulation would regulate the technologists that perform diagnostic medical sonography under the College of Medical Radiation Technologists of Ontario (CMRTO). The proposal includes:

  • Establishing a minimum entry to practice, along with quality assurance requirements
  • Providing a province-wide complaints and discipline mechanism administered by the CMRTO
  • Providing employers, practitioners, and the public with relevant information about the practitioners’ qualifications and their past conduct on the CMRTO’s public register

Comments due: October 16, 2017

For more information about the regulation: http://www.ontariocanada.com/registry/view.do?postingId=24694&language=en

Proposed amendments to Ontario Regulation 79/10 under the Long-Term Care Homes Act, 2007.

Many amendments are being proposed, and if approved, it is proposed that they would come into effect on January 1, 2018. Amendments include:

  • Allowing the Director under the Act to designate reunification priority access beds for persons in crisis seeking to be reunified in a long-term care home with their spouses/partners.
    • There would be separate waiting lists for these beds, with requirements to be on the wait list and priority for admission to these beds to be set out in the regulation.
  • Requiring the Minister or Director under the Act to disclose personal information about an individual to a health regulatory college and the Ontario College of Social Workers and Social Services Workers, if the Minister or Director is of the opinion that it is advisable to do so.
  • Enabling the Director under the Act to designate specialized units on his/her own initiative.
  • Permitting the Ministry to serve a document by using a commercial courier.

Comments due: October 26, 2017

For more information about the regulation: http://www.ontariocanada.com/registry/view.do?postingId=24855&language=en

ARTICLES OF INTEREST