Bill 68, Regulated Health Professions Amendment Act (Treating Spouses), 2012

Bill 68 2012

An Act to amend the Regulated Health Professions Act, 1991

Note: This Act amends the Regulated Health Professions Act, 1991.  For the legislative history of the Act, see the Table of Consolidated Public Statutes – Detailed Legislative History at www.e-Laws.gov.on.ca.

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

   1.  Section 51 of Schedule 2 to the Regulated Health Professions Act, 1991 is amended by adding the following subsections:

Exception, spouses

   (5.1)  Subsection (5) does not apply if the patient was the member's spouse at the relevant time.

Definition of "spouse"

   (5.2)  For the purpose of subsection (5.1),

"spouse" means,

  (a)  a spouse as defined in section 1 of the Family Law Act, or

  (b)  either of two persons who live together in a conjugal relationship outside marriage.

Commencement

   2.  This Act comes into force on the day it receives Royal Assent.

Short title

   3.  The short title of this Act is the Regulated Health Professions Amendment Act (Treating Spouses), 2012.

EXPLANATORY NOTE

The Bill amends the Health Professions Procedural Code, which is a schedule to the Regulated Health Professions Act, 1991.  Currently, subsection 51 (1) of the Code provides that a disciplinary panel of a health profession must find that a member has committed professional misconduct if he or she has sexually abused a patient.  Subsection 51 (5) of the Code requires the panel to reprimand the member and, in certain cases, revoke the member's certificate of registration.  New subsection 51 (5.1) of the Code provides that the panel is not required to reprimand the member or revoke his or her certificate of registration if the patient was the member's spouse at the relevant time.  New subsection 51 (5.2) of the Code provides a definition of "spouse".