SUBJECT: Draft Registration Regulation

Request for Feedback

DATE: September 15, 2015

FEEDBACK DUE DATE: November 16, 2015

Background:

The College’s Registration Regulation sets out all the requirements for obtaining and maintaining a certificate of registration for all classes of licensure with the College of Opticians of Ontario.

The current Registration Regulation was adopted in 1993. It has only been revised once since 2000. The draft Regulation proposed seeks to modernize and realign the College’s Registration requirements with regulatory best practices and changes that have occurred in the profession.

Amended Regulation Highlights:

A complete chart showing all the amendments and rationale to the Registration Regulation is available here: http://www.coptont.org/STAKEHOLDER/PDF/2015.09.03%20COO%20Draft%20Registration %20Regulation%20-%20for%20circulation.pdf

The following are some highlights of the draft Regulation:

 Removal of the Student Optician registration class: Effective 2013, the College declared Student Registration to be an optional class of registration. Those students who choose not to register with the College are authorized to practice under supervision under the Regulated Health Professions Act (RHPA), while working to meet the requirements to become a Registered Optician. Since 2013, Student enrollment has steadily declined such that the benefits to the public of maintaining this optional class of registration appear to be minimal. By relying on the provisions of the RHPA, students are still able to obtain the necessary practical experience; and public protection is maintained since student practice must only occur under close supervision in accordance with College policies and standards.

 See proposed deletion of section 1(2) - page 1  See proposed deletion of sections 6, 6.1, and 9(6)-(8) - pages 17-21  Creation of an “inactive” registration class: This new class of registration would allow Registered Opticians in good standing to remain registered with College while not actively engaging in the profession. An inactive optician would be required to undertake not to practise opticianry, and would not be permitted to supervise the practice of opticianry. An inactive optician could potentially pay a reduced registration fee (to be set in the by-laws) and would not be required to maintain professional liability insurance. Transitioning from “inactive” to “active” registration status would require demonstration of current knowledge, skill and judgement.

 See proposed new section 1(4) - page 11  See proposed new section 8 - pages 27-29

 Creation of a section to address misrepresentation on registration application forms: This new section would permit the Registrar to revoke the certificate of an applicant for making a false statement on a registration application.

 See proposed new section 2(3) - page 2

 Updates to the requirements for registration (and conditions for ongoing registration) in any registration class: These updates include a significant number of changes and expansions to the information that all applicants must provide to the College. The draft registration also includes the following new registration requirements: o An applicant cannot hold a suspended license with the College (section 4(1)4) o An applicant must not be incapacitated or have a physical or mental condition that could pose a risk to the health or safety of the public (unless a term, condition or limitation can sufficiently address the concern) (section 4(1)5) o An applicant who is a member of another regulatory body must be in good standing with the other regulatory body and be in compliance with all terms, conditions and limitations of the other regulatory body (section 4(1)6) o An applicant who ceased to be a member of another regulatory body must have been in good standing at that time (section 4(1)7) o The applicant must be of “good character” (section 4(1)8). This provision makes it clear that the College would consider an applicant’s prior conduct to the extent that it is likely to affect the applicant’s ability to practise safely and professionally.

 See proposed changes to section 4 - pages 3-9  See proposed deletion of section 5(5) - page 9

 Removal of the “schedule” of approved opticianry programs: The current Regulation sets out a schedule of approved opticianry educational programs. Since 1993, however, a number of new opticianry programs have been deemed equivalent to an approved

1 Page references are to the chart of proposed Registration Regulation changes, available online at http://www.coptont.org/STAKEHOLDER/PDF/2015.09.03%20COO%20Draft%20Registration%20Regulation %20-%20for%20circulation.pdf 2 education program but are not captured in the schedule. This amended section would clearly recognize the ability of the College’s Registration Committee or an external accrediting body (e.g., NACOR) to approve opticianry programs, without having to specify these programs expressly in the Regulation.

 See proposed changes to section 5(1)1(i) - pages 9-10

 Replacement of the “1000 practice hour” requirement: Currently, all applicants for the Registered Optician (RO) class of registration must complete 1000 hours of practice experience in order to be registered. The amendment states that instead, applicants for Registered Optician registration will be required to complete a College approved practicum which includes eyeglass and contact lens fitting requirements. The amendment proposed continues to recognize the importance of practical training, while allowing the College greater flexibility to define the parameters of practicum content and duration in the future. This will permit greater responsiveness to the effect of changing optical standards and technologies on the profession.

 Implementation of a currency requirement for all applicants to the Registered Optician class: This new section recognizes the importance of current knowledge, skill and judgment required in order to provide optimal services to the public. A refresher program approved by the Registration Committee will be required for those applicants who cannot provide evidence of current knowledge, skill and judgment. The refresher program requirement would apply to applicants who did not complete their education program or examinations in the year prior to applying to the College, or who have not practised opticianry in the three years prior to applying.

 See proposed new section 5(1)4 - page 12

 Implementation of currency requirement for all Registered Optician members: This new section would require that Registered Opticians provide evidence each year that they have practised in the profession in the previous three years. Members who do not meet this requirement would not be revoked, but may be referred to the College’s Quality Assurance Committee. The College could require that a member be charged a fee for a peer and practice assessment in ordered by the QA Committee in this circumstance. (Note: members who do not wish to practise would have the option of applying for the new “inactive” registration class.)

 See proposed new sections 5(3)1 and 2 - pages 14-15

 Clarification about upgrading required for Intern Opticians who are unsuccessful at the registration examinations and implementation of a currency requirement: The draft Regulation clarifies that Intern Opticians may write the registration examinations a maximum of three times, and would be required to register as interns and attempt the examinations within three years of completing their education or practical experience. If an Intern is unsuccessful in completing an examination for a fourth time,

3 the amended Regulation would allow the Registration Committee to order an Intern to repeat the opticianry program, if available.

 See proposed changes to section 7(1)1 - pages 21-22  See proposed new sections 7(2)4-6 - pages 23-25

 Additional condition under which a member’s license may be suspended: A member’s certificate of registration may be suspended for non-compliance with the by- laws (including professional liability insurance requirements) or for not providing the College with the information required by the by-laws. The draft regulation also proposes that all members who are suspended, for any reason, must be compliant with all regulatory requirements before being reinstated (such as any Quality Assurance program requirements or Discipline Committee orders).

 See proposed new sections 11 and 12 - pages 33-36

 Automatic revocation of those members who have been suspended for three years: Under this new provision, the College will revoke the certificates of members whose certificate of registration remains suspended for three years. Should a member wish to re- enter practice after the revocation, a new application to the College will be required, which will include a requirement that the member demonstrate current knowledge, skill and judgement to practice safely and professionally.

 See proposed new section 14 - page 38

Feedback Requested:

The College will review all comments and submissions received. A report on the general themes may be published, and any issues that suggest revisions are necessary will be identified for Registration Committee and Council consideration.

Please use the form provided to submit your feedback via fax, email or regular mail no later than November 16, 2015.

You can also provide feedback online here: https://www.surveymonkey.com/r/T2PCMY3

Your feedback is an important part of the College’s regulation review process. The College highly values the perspectives of its members and stakeholders and of the public. Thank you for your participation.