240211 — FUNDING FOR THERAPY AND COUNSELLING, O. Reg. 211/24

s. 1 — Program

There shall be a program, established by the Authority, to provide therapy and counselling for persons alleging sexual abuse by a registrant.

s. 2 — Administration

The Chief Executive Officer shall administer the program established in accordance with section 1.

s. 3 — Eligibility

A person is eligible for funding if the Chief Executive Officer determines that it has been alleged, in a complaint or report, that the person was sexually abused by a registrant while the person was a recipient of health services or supportive care services provided by the registrant.

s. 4 — Timing

Where a request is made for funding under the program established in accordance with section 1, a determination of the person’s eligibility for such funding in accordance with section 3 shall be made within a reasonable period of time of the request having been received.

s. 5 — Not a finding

The determination of a person’s eligibility for funding in accordance with section 3 does not constitute a finding against the registrant and shall not be considered by any other committee of the Authority dealing with the registrant.

s. 6 — No assessment

A person is not required to undergo a psychological or other assessment before receiving funding.

s. 7 — Choice of therapist or counsellor

A person who is eligible for funding is entitled to choose any therapist or counsellor, subject to the following restrictions:

s. 7(1)

The therapist or counsellor must not be a person to whom the eligible person has any family relationship.

s. 7(2)

The therapist or counsellor must not be a person who, to the Authority’s knowledge, has at any time or in any jurisdiction been found guilty of professional misconduct of a sexual nature or been found civilly or criminally liable for an act of a similar nature.

s. 7(3)

If the therapist or counsellor is not a member of a regulated health profession, the Authority may require the eligible person to sign a document indicating that they understand that the therapist or counsellor is not subject to professional discipline.

s. 8 — Payment

Funding shall be paid only, and directly, to the therapist or counsellor chosen by the person.

s. 9 — Use of funding

(1) Funding shall be used only to pay for therapy or counselling and shall not be applied directly or indirectly for any other purpose.

s. 9(2)

Subject to section 12, funding may be used to pay for therapy or counselling that was provided at any time after the alleged sexual abuse took place.

s. 10 — Maximum funding

The maximum amount of funding that may be provided for a person in respect of a case of alleged sexual abuse is the amount that the Ontario Health Insurance Plan would pay for 200 half-hour sessions of individual out-patient psychotherapy with a psychiatrist on the day it is determined that the person is eligible for funding.

s. 11 — Other coverage

The funding that is provided to a person for therapy and counselling shall be reduced by the amount that the Ontario Health Insurance Plan or a private insurer is required to pay for therapy or counselling for the person during the period of time during which funding may be provided for the person under the program established in accordance with section 1.

s. 12 — Period of time

(1) The period of time within which funding may be provided for a person in respect of a case of alleged sexual abuse is five years from,

s. 12(1)(a)

the day on which the person first received therapy or counselling for which payment is provided, if, under subsection 9 (2), funding is provided for therapy or counselling that was provided before a determination was made under section 3; or

s. 12(1)(b)

if the person did not receive therapy or counselling described in clause (a), the day the determination that the person was eligible for therapy or counselling was made under section 3.

s. 12(2)

Despite subsection (1), the Chief Executive Officer may, in their discretion, extend the period of time within which funding may be provided for a person in respect of a case of alleged sexual abuse if, in the opinion of the Chief Executive Officer, it is appropriate to do so under exceptional circumstances.

s. 13

Omitted (provides for coming into force of provisions of this Regulation).