Stakeholder Consultation on Regulatory Changes to Expand CPSO Oversight of Fertility Services

March 15, 2017 | Lisa Spiegel

In February 2017, the Council of the College of Physicians and Surgeons of Ontario (“CPSO”) approved revised proposed regulatory amendments to Part XI of Ontario Regulation 114/94 to the Medicine Act, 1991, which pertain to the “Inspection of Premises Where Certain Procedures are Performed.”

The proposed amendments give the CPSO authority to inspect facilities in Ontario where a physician performs any act “in connection with in vitro fertilization, artificial insemination and sperm cryopreservation, and oocyte cryopreservation.” There is an exception for facilities that only provide counselling or referrals for these procedures.

The current regulatory regime requires CPSO inspection of facilities where fertility services are performed under certain types of anesthesia or sedation. The proposed amendments require that inspections take place in facilities regardless of whether anesthesia is used in the procedure. The proposed amendments also require that the inspection of facilities include fertility facilities located in hospitals and in non-hospital premises.

The proposed regulatory amendments follow the Ontario Ministry of Health and Long-Term Care’s expansion of funded in vitro fertilization services and are consistent with the Minister’s stated intention to implement recommendations set out in a report released by Health Quality Ontario (HQO).  The report pertained to HQO’s review of the quality oversight of non-hospital medical clinics in Ontario where various medical services are being provided. We provided a summary of the HQO’s report in our May 13, 2016 Health Communiqué: Anticipated Overhaul of Quality Oversight to Non-Hospital Medical Clinics.

The CPSO is seeking input from stakeholders on its proposed amendments.  The deadline to provide feedback is April 21, 2017.

Miller Thomson’s Health Industry lawyers have extensive expertise in navigating regulatory issues.  We invite you to contact us if you have any questions regarding the proposed regulatory changes and how they may impact your professional practice or organization. We will be following these proposed regulatory changes and will continue to keep you updated on this issue.


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