Bill 70, Regulated Health Professions Amendment Act (Spousal Exception), 2013

Bill 70 2013

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

Exception, spouses

   (5)  If the Council has made a regulation under clause 95 (1) (0.a), conduct, behaviour or remarks that would otherwise constitute sexual abuse of a patient by a member under the definition of "sexual abuse" in subsection (3) do not constitute sexual abuse if,

  (a)  the patient is the member's spouse; and

  (b)  the member is not engaged in the practice of the profession at the time the conduct, behaviour or remark occurs.

Definition

   (6)  For the purposes of subsection (5),

"spouse", in relation to a member, means,

  (a)  a person who is the member's spouse as defined in section 1 of the Family Law Act, or 

  (b)  a person who has lived with the member in a conjugal relationship outside of marriage continuously for a period of not less than three years.

   (2)  Subsection 95 (1) of Schedule 2 to the Act is amended by adding the following clause:

(0.a) providing that the spousal exception in subsection 1 (5) applies in respect of the College;

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 (Spousal Exception), 2013.

EXPLANATORY NOTE

Currently, subsection 1 (3) of the Health Professions Procedural Code, which is a Schedule to the Regulated Health Professions Act, 1991, sets out a definition of "sexual abuse" that includes certain conduct, behaviour and remarks between a patient and a member of a regulated health profession.  New subsection 1 (5) of the Code provides for an exception where the patient is the member's spouse and the conduct, behaviour or remark does not occur while the member is engaged in the practice of the profession.  The exception is only available to a member of a particular health profession if the member's College makes a regulation that adopts the exception.