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Third
Session, 45th General Assembly 55
Elizabeth II, 2006 |
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AN ACT RESPECTING THE
PRACTICE OF PHYSIOTHERAPY |
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Received and Read the First Time................................................................................................... |
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Second |
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Committee............................................................................................................................................ |
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Third |
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Royal Assent...................................................................................................................................... |
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HONOURABLE
Minister
of Health and Community Services |
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Ordered
to be printed by the Honourable House of Assembly |
EXPLANATORY NOTES This Bill would revise the law respecting the regulation of the practice of physiotherapy. In particular, the Bill would incorporate disciplinary procedures which are now available to most self-regulating bodies. The Bill also makes explicit the role of the College in assuring the public of proficiency and competency in the practice of physiotherapy. |
A BILL AN ACT RESPECTING THE PRACTICE OF PHYSIOTHERAPY Analysis 1. Short title 2. Definitions 3. College 4. Council of college 5. Appointed members 6. Annual meeting 7. Registrar and meetings of council 8. By-laws and quorum 9. Regulations 10. Fees 11. Regulations re: physiotherapy auxiliaries 12. Registration of physiotherapists 13. Limitation to practise 14. Register 15. Definitions 16. Committees 17. Allegation 18. Effect of filing allegation 19. Complaints authorization committee 20. Adjudication tribunal 21. Hearing 22. Copies of books, etc. as evidence 23. Guilty plea by respondent 24. Powers of adjudication tribunal 25. Filing and publication of decisions 26. De-registration and suspension 27. Failure to comply 28. Reinstatement and readmission 29. Costs of the college 30. Collection of fine 31. Appeal 32. Protection from liability 33. False declarations 34. Offences 35. Savings 36. Transition 37. RSNL1990 cP-13 Rep. Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows: Short title 1. This
Act may be cited as the Physiotherapy
Act, 2006. Definitions 2. In this Act (a) "college" means The Newfoundland and Labrador College of Physiotherapists; (b) "council" means the council of the college referred to in section 4; (c) "minister" means the minister appointed under the Executive Council Act to administer this Act; (d) "physiotherapist" means a person who practises physiotherapy; (e) "physiotherapy" means the application of professional physical therapy in the assessment and treatment of the human body in order to obtain, regain or maintain optimal function by the use of suitable therapeutic methods, including mobilization, manipulation and the use of physical agents; and (f) "register" means the register of members of the college maintained under section 14. College 3. (1) The
(2) A person who is registered as a physiotherapist under this Act is a member of the college. (3) The objects of the college are to assure to
the general public, proficiency and competency in the practice of physiotherapy
and to regulate and govern registered physiotherapists and the practice of
physiotherapy. Council of college 4. (1) The college shall be governed by a council consisting of (a) 7 members elected from and by registered physiotherapists in accordance with the by-laws; and (b) 2 members appointed under section 5 who are not registered physiotherapists. (2) A member is eligible to be re-elected, but
shall not be a member for more than 9 consecutive years. (3) An elected member may resign by written notice to the council. (4) Where an elected member resigns, dies or becomes incapable of performing his or her duties, the remaining members shall appoint a replacement to serve until the next annual general meeting. (5) Elected members shall serve without payment for their services, but their travel and other expenses associated with their duties as members shall be paid by the college, in accordance with the by-laws. (6) The council shall elect an executive from its members including a chairperson who chairs meetings of the council, a vice-chairperson who shall preside over meetings in the absence of the chairperson and other officers as provided for in the by-laws. Appointed members 5. (1) The minister shall appoint 2 members of the council who are not registered physiotherapists who are suitable to represent the public interest. (2) A person appointed under subsection (1) holds office for a term of 3 years and is eligible to be re-appointed. (3) Where a person appointed under subsection (1) holds office for a period of 9 consecutive years the person is not eligible for appointment as a member of the council until the expiration of 12 months from the end of the year in which he or she was last a member. (4) Where the term of office of a person appointed under this section expires, he or she continues to be a member of the council until re-appointed or replaced. (5) The college shall pay the expenses of a person appointed to the council under this section in accordance with guidelines established by the Lieutenant-Governor in Council. (6) A person appointed under subsection (1) may be removed from office by the minister before the expiration of his or her term of office and no compensation shall be paid to him or her other than an amount owing under subsection (5). (7) A person appointed under subsection (1) may
resign from the council by written notice to the minister. Annual meeting 6. (1) The college shall hold an annual general meeting at a time and place in the province that the council may determine. (2) At the annual general meeting (a) an auditor shall be appointed by the college to audit the accounts of the college and to report on the financial statements of the college; and (b) the college shall consider and vote on those other matters required by the by-laws. (3) The college may in its by-laws provide for
voting by registered physiotherapists at the annual general meeting of the
college by mail or electronic means. (4) The council shall prepare and submit to the
minister before July 1 (a) a report on the activities of the college; and (b) the college's audited financial statements. (5) Where the council fails to comply with subsection (4), the college is guilty of an offence and on summary conviction may be fined $1,000. Registrar and meetings of council 7. (1)
The council shall appoint a registered physiotherapist to be registrar, either
from among the members of the council or outside the council but where the
registrar is not an elected member of the council he or she shall not have a
vote. (2) The registrar shall carry out the duties
imposed upon the registrar by this Act. (3) The registrar is, by virtue of the office, a
member of the council where he or she is appointed from outside the council. (4) At meetings of the council, each member of the
council shall have one vote and in the case of a tie, the chairperson or, in
the absence of the chairperson, the vice-chairperson shall have a second or
casting vote. (5) Except where prohibited in the by-laws, a member of the council may, where all the members of the council consent, participate in a meeting of the council by means of the telephone or other telecommunication device that permits all persons participating in the meeting to communicate with each other. By-laws and quorum 8. (1) The
council may make by-laws (a) providing for the holding and procedure of its and the college's meetings; (b) providing for a quorum for a meeting of the
college and the matters of business that may be addressed and voted on at a
meeting of the college; (c) providing for the election of members of the
council under paragraph 4(1)(a) and setting the
term of office; (d) respecting the participation of members of the
council in a meeting of the council by telephone or other telecommunication
device under subsection 7(5); (e) respecting the maintenance of the register and
the form and contents of it; (f) respecting the remuneration and payment of
travel expenses of members of adjudication tribunals; (g) establishing a code of ethics which shall include (i) a definition of "professional misconduct" and "conduct unbecoming a physiotherapist" for the purposes of sections 15 to 31, (ii) standards governing the practice of physiotherapy, including standards of professional competence and of capacity and fitness to practise, and (iii) rules respecting methods of advertising; (h) providing for voting at meetings of the college and the council; (i) respecting the issuance and term of certificates of registration; (j) respecting the information and verification of
information required of applicants for registration; and (k) generally, to assist in the administration of this Act and the regulations. (2) A by-law may be made, amended or repealed at a
meeting of the council if 30 days notice, or the shorter period to which
members of the council may consent, is given of the intention to make, amend or
repeal a by-law, and of the meeting, to the members of the council. (3) The council shall have the by-laws available for inspection by the public on reasonable notice and at reasonable hours. (4) Six members of the council, one of whom is a
member appointed by the minister to represent the public interest, shall constitute
a quorum for a meeting. Regulations 9. (1) The council may, with the approval of the minister, make regulations (a) respecting the conditions for registration as a physiotherapist, including the conditions respecting conditional and temporary registration; (b) establishing conditions for the renewal of registration including the participation in continuing education programs, refresher courses and other activities related to the maintenance of professional standards; (c) respecting the holding and standard of examinations for registration under this Act and the content of examination papers; (d) prescribing the forms of treatment which may be applied by physiotherapists; (e) respecting alternative dispute resolution for the purposes of section 19 and the procedure for that resolution; (f) respecting time limits for events in the
disciplinary process in sections 15 to 31, including time limits for (i) the filing of an allegation, (ii) the resolution of an allegation by the
registrar, (iii) the conduct of an investigation under section 19, (iv) consideration of an allegation by the council following
completion of an investigation, (v) responding to a complainant and respondent at
each stage of the process, (vi) the conduct of a practice investigation under
subparagraph 19(3)(c)(ii), (vii) the appointment of an adjudication tribunal
under section 20, and (viii) the conduct of a hearing and the filing of a decision or order by an adjudication tribunal following completion of the hearing; (g) prescribing standards with respect to the practice of physiotherapy in the offices of the physiotherapists; (h) defining the designation of specialist
physiotherapist and prescribing the conditions required for registration as a
specialist physiotherapist; and (i) generally, to give effect to the purpose of this Act. (2) Notwithstanding subsection (1), the minister
may make regulations to prescribe time limits for events in the disciplinary
process under sections 15 to 31 where the council does not do so within a time
the minister considers reasonable. Fees 10. The council may establish fees for registration and the renewal or reinstatement of registration under this Act. Regulations re: physiotherapy auxiliaries 11. The council may, subject to the approval of the minister, make regulations with respect to physiotherapy auxiliaries (a) defining a physiotherapy auxiliary and classifying physiotherapy auxiliaries; (b) prescribing the qualifications necessary for each class of physiotherapy auxiliaries to be registered or certified under this Act; (c) providing for the registration or certification of persons in each class of physiotherapy auxiliaries; (d) prescribing the services that may be provided by each class of physiotherapy auxiliaries; (e) establishing standards of conduct, competence and proficiency for each class of physiotherapy auxiliaries; (f) defining professional misconduct for each class of physiotherapy auxiliaries; (g) defining the activities that constitute a conflict of interest and prohibiting the engagement of a physiotherapy auxiliary in those activities; (h) providing for the cancellation of the registration of a physiotherapy auxiliary or the suspension or revocation of his or her registration or certificate and regulations made under this paragraph shall include provisions respecting the holding of a hearing composed of a panel of 3 persons, one of whom shall be a physiotherapy auxiliary registered or certified under this section; and (i) concerning other matters with respect to physiotherapy auxiliaries that the council considers necessary. Registration of physiotherapists 12. (1) A person who satisfies the conditions for registration as a physiotherapist set out in the regulations is entitled to be registered as a physiotherapist under this Act. (2) The registrar shall register an applicant for registration as a physiotherapist who (a) satisfies the conditions for registration as a physiotherapist set out in the regulations; (b) pays the fees set by the council; and (c) provides evidence that he or she has obtained professional liability insurance coverage in a form and amount satisfactory to the council. (3) The registrar may register an applicant for
registration conditionally or temporarily subject to the terms for conditional
or temporary registration set out in the regulations. Limitation to practise 13. A person who is a member of the college shall be entitled to practise physiotherapy as a registered physiotherapist, using the designation "Reg. PT.", and a person shall not practise or offer to practise as a physiotherapist for gain or reward or use the designation "Reg. PT." or words or letters indicative of the designation, or convey the impression that he or she is practising as a physiotherapist, unless the person is a member of the college. Register 14. (1) The council shall maintain a register containing the names of members of the college and other information that may be required by the by-laws. (2) The council shall make the register of the
college available for inspection by the public on reasonable notice and at
reasonable times. (3) A certificate, signed or purporting to be signed by the registrar, that the name of a person was or was not entered in the register on a date or during a period specified in the certificate shall be admissible in evidence without proof of the signature of the registrar, and the contents of the certificate shall be, in the absence of evidence to the contrary, evidence of the facts stated in it. Definitions 15. In this section and sections 16 to 31 (a) "allegation" means a written
document alleging that a person has engaged in conduct deserving of sanction; (b) "complainant" means a person making
an allegation; (c) "conduct deserving of sanction"
includes (i) professional misconduct, (ii) professional incompetence, (iii) conduct unbecoming a physiotherapist, and (iv) acting in breach of this Act, the regulations
or the code of ethics made under section 8; (d) "costs incurred by the college"
includes (i) out of pocket expenses incurred by or on
behalf of the college, (ii) amounts paid by the college to adjudication
tribunal members as remuneration and for expenses, and (iii) the actual cost of legal counsel for the college
and the adjudication tribunal; (e) "disciplinary panel" means the panel
of persons appointed under section 16 from
which the members of an adjudication tribunal are chosen; and (f) "respondent" means a physiotherapist, a former physiotherapist or a person who is registered as a physiotherapy auxiliary against whom an allegation is made. Committees 16. (1) The
council shall appoint 3 of its members, at least one of whom was appointed by
the minister to represent the public interest, to constitute a complaints
authorization committee. (2) The council shall appoint the chairperson and
vice-chairperson of the complaints authorization committee from the persons
appointed under subsection (1). (3) The registrar is not eligible to be a member
of the complaints authorization committee. (4) The council shall appoint at least 10 registered
physiotherapists who are not members of the council, one of whom shall be appointed
to serve as chairperson, and the minister shall appoint at least 5 persons, who
are not registered physiotherapists or members of the council, to represent the
public interest, who shall together constitute a disciplinary panel. (5) Of the members first appointed to the
disciplinary panel, one half shall be appointed for a term of 2 years and the
remainder for a term of 3 years and all subsequent appointments of members to
the disciplinary panel shall be for a term of 3 years. (6) Notwithstanding the expiry of his or her term,
a member of the disciplinary panel continues to be a member until he or she is
re-appointed or his or her replacement is appointed. (7) Persons appointed to the disciplinary panel
may be reappointed. (8) Members of the disciplinary panel shall serve
on the panel without payment for their services, but may be remunerated for
service as a member of an adjudication tribunal and paid their travel and other
expenses associated with the work of that tribunal by the council, in accordance
with and at the rates set by the by-laws. (9) The complaints authorization committee, an
adjudication tribunal appointed under section 20
and a person appointed by either of them may summon a respondent or other
person and require the respondent or other person to give evidence, orally or
in writing, upon oath or affirmation, and produce the documents and things that
either of them considers necessary to the full investigation and hearing of an
allegation or complaint and shall have the powers, privileges and immunities
that are conferred on a commissioner appointed under the Public Inquiries Act. Allegation 17. (1) An
allegation shall be in writing and signed by the complainant or his or her
solicitor, and filed with the registrar. (2) The registrar may on his or her own motion
make an allegation and file it, and the allegation shall have the same effect
as an allegation referred to in subsection (1). (3) Where the registrar has been informed that a respondent has been convicted of an offence under the provisions of the Criminal Code or a similar penal statute of another country or has been suspended by a governing body of physiotherapists in another province or territory of Canada or another territory or country for reason of professional misconduct, conduct unbecoming a physiotherapist or professional incompetence, the information shall be dealt with by the registrar as an allegation. (4) For the purpose of subsection (3), a certified copy of the record of a conviction or findings made or the action taken by an external regulatory body constitutes proof, in the absence of evidence to the contrary, of the conviction or findings made or the action taken by that body, without proof of the signature of the convicting justice or person purporting to have signed on behalf of that body. Effect of filing
allegation 18. (1) Where
it appears to the registrar after notifying the respondent of the allegation
that the allegation may be resolved satisfactorily and where the complainant
and the respondent consent, the registrar may attempt to resolve the matter. (2) Where the allegation is not satisfactorily
resolved by the registrar under subsection (1), the registrar shall refer the
allegation and all other allegations to the complaints authorization committee. (3) The registrar shall inform a complainant and a respondent of the referral of the allegation to the complaints authorization committee. Complaints authorization
committee 19. (1) After
an allegation has been submitted to the complaints authorization committee, the
committee may exercise one or more of the following powers: (a) refer the allegation back to the registrar for
an investigation or alternative dispute resolution in accordance with the regulations; (b) conduct an investigation itself or appoint a
person to conduct an investigation on its behalf; and (c) require
the respondent to appear before it. (2) Where the complaints authorization committee
is of the opinion that there are no reasonable grounds to believe the respondent
has engaged in conduct deserving of sanction, the committee shall dismiss the
allegation and give notice in writing of the dismissal to the complainant. (3) Where the complaints authorization committee
is of the opinion that there are reasonable grounds to believe that a
respondent has engaged in conduct deserving of sanction, the allegation shall
be considered as constituting a complaint, and the committee may (a) counsel or caution the respondent; or (b) instruct the registrar to file the complaint
against the respondent and refer it to the disciplinary panel; and (c) recommend to the council that (i) the respondent's registration be suspended or
restricted, or (ii) the registrar or another person appointed by
the committee conduct an investigation of the respondent's practice, at any time before a final determination by
the adjudication tribunal. (4) A person conducting an investigation under
paragraph (1)(a) or (b) or subparagraph (3)(c)(ii) may require (a) the respondent to (i) undergo an examination or assessment he or she
considers necessary and as arranged by the registrar, and (ii) permit the registrar or a member of the complaints
authorization committee or a person appointed by the complaints authorization
committee to inspect and copy the records of the respondent and other documents
relating to the subject matter of the investigation; and (b) another person to permit the registrar or a
member of the complaints authorization committee or a person appointed by the
complaints authorization committee to inspect and copy records and other
documents relating to the subject matter of the investigation held by that
person, and the respondent or other person shall
comply. (5) An action for damages does not lie against a physiotherapist
or another person to whom a request is made solely because he or she provides information
requested of him or her under subsection (4). (6) Where the registrar, a member of the complaints
authorization committee or a person appointed by the complaints authorization
committee requires that a respondent or another person provide information
under subsection (4), that information shall be provided within 7 days of
receipt of the requirement or a different period as specified. (7) Where the complaints authorization committee
recommends to the council that a respondent's practice be suspended, restricted
or investigated under paragraph (3)(c), the council may (a) decide not to act on the recommendation; or (b) suspend, restrict or investigate the
respondent's practice. (8) A complainant whose allegation is dismissed by the complaints authorization committee under subsection (2) may, within 30 days after receiving notice of the dismissal, appeal the dismissal to the Trial Division by filing a notice of appeal with the Registrar of the Supreme Court. (9) Subsections (4), (5) and (6) apply to the Crown. Adjudication tribunal 20. (1) For
the purpose of dealing with complaints referred to the disciplinary panel, the
chairperson of the disciplinary panel shall appoint from it an adjudication
tribunal consisting of 3 persons, of whom 2 shall be registered
physiotherapists and one shall be a member of the panel appointed to represent
the public interest. (2) The chairperson of the disciplinary panel shall appoint one of the registered physiotherapists on an adjudication tribunal to be the chairperson. Hearing 21. (1) Where
a complaint has been referred under paragraph 19(3)(b),
an adjudication tribunal shall hear the complaint. (2) The parties to a hearing are the college and
the respondent and a party may be represented by his or her counsel at a
hearing. (3) A hearing shall be conducted in public but an adjudication tribunal may exclude the public from a hearing, or from part of it, where it considers the desirability of protecting a party to the complaint or another person against the consequences of possible disclosure of personal matters outweighs the desirability of holding the hearing in public. Copies of books, etc. as evidence 22. A copy or extract of a book, record, document or thing certified by (a) a member of the complaints authorization committee; or (b) a person authorized under section 19 to conduct an investigation, who made the copy or extract is admissible in evidence in an action, proceeding or prosecution, in the absence of evidence to the contrary, as evidence of the original book, record, document or thing and its contents. Guilty plea by
respondent 23. (1) Where
a respondent pleads guilty to one or more of the charges set out in a complaint,
the adjudication tribunal shall, without calling evidence or hearing witnesses,
unless the tribunal believes it is appropriate to do so, hear submissions from
the parties. (2) Where a respondent pleads guilty, and
following submissions under subsection (1), the adjudication tribunal may (a) reprimand the respondent; (b) order that the respondent be suspended for a
fixed period that it considers appropriate, until conditions which it may
impose are fulfilled, or until further order of the adjudication tribunal; (c) allow or direct the respondent to surrender
his or her certificate of registration to the council upon those conditions
that may be considered appropriate and strike the respondent's name from the
register; (d) impose a fine not to exceed $10,000 to be paid
to the college; (e) order that the respondent pay the costs or a
part of the costs incurred by the college in the investigation and hearing of
the complaint; (f) order that the registrar publish a summary of
the decision including the information set out in subsection 25(4) and other information that the tribunal may
specify; and (g) order that the respondent comply with one or
more of the following: (i) make restitution to the complainant or other
person affected by the conduct of the respondent, (ii) obtain medical treatment, (iii) obtain counselling, (iv) obtain substance abuse counselling or
treatment, until the respondent can demonstrate to the council or other body or
person designated by the adjudication tribunal that a condition related to
substance abuse rendering the respondent incapable or unfit to practise has
been overcome, (v) engage in continuing education programs, (vi) complete a course of studies or obtain
supervised clinical experience, or both, to the satisfaction of the council or
another body or person designated by the adjudication tribunal, (vii) report on his or her compliance with an order
made under this section and authorize others involved with his or her treatment
or supervision to report on it, (viii) restrict his or her professional practice or continue his or her practice under specified conditions, (ix) permit periodic inspection of his or her practice, (x) permit periodic inspection of records relating
to his or her practice, or (xi) impose other requirements that are just and reasonable in the circumstances. (3) The costs incurred by the college to ensure the compliance of a respondent with an order or direction of an adjudication tribunal under this section shall be borne by the respondent. Powers of adjudication
tribunal 24. (1) Upon
the hearing of a complaint, an adjudication tribunal shall decide whether or
not a respondent is guilty of conduct deserving of sanction. (2) Where an adjudication tribunal decides that a
respondent is not guilty, it shall dismiss the complaint and may, where it
believes that the submission of the complaint to the tribunal for a hearing was
unreasonable, (a) order that those costs that the tribunal
considers appropriate be paid by the college to the respondent; and (b) make another order that it considers
appropriate. (3) Where an adjudication tribunal decides that a
respondent is guilty, it may (a) reprimand the respondent; (b) order that the respondent be suspended for a
fixed period that it considers appropriate, until conditions which it may
impose are fulfilled, or until further order of the adjudication tribunal; (c) allow or direct the respondent to surrender
his or her certificate of registration to the council upon those conditions
that may be considered appropriate and strike the respondent's name from the
register; (d) impose a fine not to exceed $10,000 to be paid
to the college; (e) order that the respondent pay the costs or a
part of the costs incurred by the college in the investigation or hearing of
the complaint; (f) order that the registrar publish a summary of
the decision including the information set out in subsection 25(4) and other information that the tribunal may
specify; and (g) order that the respondent comply with one or
more of the following: (i) make restitution to the complainant or other
person affected by the conduct of the respondent, (ii) obtain medical treatment, (iii) obtain counselling, (iv) obtain substance abuse counselling or
treatment, until the respondent can demonstrate to the council or other body or
person designated by the adjudication tribunal that a condition related to
substance abuse rendering the respondent incapable or unfit to practise has
been overcome, (v) engage in continuing education programs, (vi) complete a course of studies or obtain
supervised clinical experience, or both, to the satisfaction of the council or
other body or person designated by the adjudication tribunal, (vii) report on his or her compliance with an order
made under this section and authorize others involved with his or her treatment
or supervision to report on it, (viii) restrict his or her professional practice or continue his or her practice under specified conditions, (ix) permit periodic inspection of his or her practice, (x) permit periodic inspection of records relating
to his or her practice, or (xi) impose other requirements that are just and reasonable in the circumstances. (4) The costs incurred by the college to ensure the compliance of a respondent with an order or direction of an adjudication tribunal under this section shall be borne by the respondent. Filing and publication
of decisions 25. (1)
An adjudication tribunal shall file a decision or order made under subsection 23(2) or subsection 24(2) or
(3) with the registrar and provide a copy to the complainant, the
respondent, the respondent's employer and sponsor, where he or she has one, and
the minister. (2) The registrar shall maintain a copy of a
decision or order filed under subsection (1) for a minimum of 5 years after the
day the decision is filed and shall upon receiving a request to view the
disciplinary records in relation to a physiotherapist permit a person to view a
summary of a decision where that physiotherapist was the respondent, prepared
in accordance with subsection (4). (3) The registrar shall publish a summary of a
decision or order of an adjudication tribunal in a newspaper of general
circulation in or nearest to the community in which the respondent practises
within 14 days of the filing of the decision or order, where the decision or
order (a) suspends the respondent; (b) allows or directs the respondent to surrender
his or her certificate of registration; (c) restricts the respondent's practice; (d) specifies conditions for the continuing
practice of the respondent; or (e) requires that a summary of the decision or
order be published. (4) The summary of the decision published under
subsection (3) shall include (a) the name of the respondent and the address
where he or she practises; (b) the date, location and a brief description of
the conduct of the respondent that was found to be deserving of sanction; (c) the name of the complainant, unless the
complainant has requested that his or her name be withheld; (d) the contents of the order in relation to the
actions referenced in paragraphs (3)(a) to (d); and (e) other information specified for publication in
the decision or order. (5) Where a decision published under this section is varied or set aside, the registrar shall within 14 days of the filing of the subsequent decision or order publish a summary of the decision or order and subsections (3) and (4) apply, with the necessary changes. De-registration
and suspension 26. (1) Where a respondent is allowed or directed to surrender his or her certificate of registration, his or her rights and privileges as a registered physiotherapist cease. (2) Where a respondent is suspended, his or her
rights and privileges as a registered physiotherapist cease for the period of
suspension. (3) Where conditions or restrictions have been imposed upon a respondent's ability to carry on his or her practice, his or her rights and privileges as a registered physiotherapist shall be limited to the extent specified by the conditions or restrictions. Failure to comply 27. (1) On
application by the college to the disciplinary panel, an adjudication tribunal
may make an order suspending the registration of the respondent where it
determines that the respondent has failed to comply with a decision or an order
under sections 15 to 31.
(2) The parties to the application are the college
and the respondent. (3) An order of an adjudication tribunal under this section may suspend the registration of the respondent for a fixed period that the adjudication tribunal may consider appropriate, or until conditions which it may impose are fulfilled, or until further order of the adjudication tribunal. Reinstatement and
readmission 28. (1) Where,
in a decision or order, an adjudication tribunal (a) suspends the respondent; (b) allows or directs the respondent to surrender
his or her certificate of registration or to be removed from a register maintained
under this Act; (c) restricts the respondent's practice; or (d) specifies conditions for the continuing
practice of the respondent, and where the respondent alleges that new
evidence has become available or a material change in circumstances has
occurred since the making of the decision or order, the respondent may apply to
the complaints authorization committee for a supplementary hearing to discharge
or vary the decision or order based on the new evidence or material change in
circumstances. (2) An application under subsection (1) shall be
made not more than 90 days after the new evidence becomes available or the
material change in circumstances has occurred. (3) Where an application is made to the complaints
authorization committee under subsection (1), and the committee is of the opinion
that new evidence has become available or that a material change in
circumstances has occurred, as alleged by a respondent, the matter shall be
referred to an adjudication tribunal as if it were a matter referred under
paragraph 19(3)(b) and sections 21 to 26 apply, with
the necessary changes, to the referred matter. (4) The parties to a supplementary hearing under
this section are the respondent and the college. (5) For the purpose of this section, in addition
to an order that an adjudication tribunal may make under section 24, a tribunal may (a) vary the original decision or order made under
section 24; or (b) discharge the original decision or order, with or without conditions. Costs of the college 29. (1) Where
a person who was ordered to pay the costs of the college under paragraph 23(2)(e) or 24(3)(e)
fails to pay in the time required, the council may suspend the registration or
licence of that person until the costs are paid. (2) Costs ordered to be paid under paragraph 23(2)(e) or 24(3)(e) are a debt due to the college and may be recovered by the college by a civil action. Collection of
fine 30. (1)
Where an order is made under section 23 or 24 imposing a fine on a respondent, the college may
issue a certificate stating the amount of the fine due and remaining unpaid and
the name of the person by whom it is payable, and file the certificate with the
Registrar of the Supreme Court. (2) Where a certificate is filed with the
Registrar of the Supreme Court under subsection (1), it has the same effect and
all proceedings may be taken on the certificate as if it were a judgment of the
Trial Division for the recovery of the amount stated in the certificate against
the person named in the certificate. (3) A person named in a certificate filed under
this section may, within 30 days after the certificate is filed, apply to a
judge of the Trial Division for a review, on a question of law or jurisdiction,
of the certificate. (4) On an application under subsection (3), the
judge may make any amendment to the certificate that is necessary to make the
certificate accord with the judge's decision. (5) There is no appeal from a decision of a judge
made under this section. (6) A certificate filed under this section may
also be filed in the judgment enforcement registry on the expiration of the 30
day period referred to in subsection (3) in accordance with Part Appeal 31. (1) The
college or the respondent may, within 30 days after receiving notice of a
decision or order of an adjudication tribunal, appeal the decision or order or
a part of it to the Trial Division by filing a notice of appeal with the
Registrar of the Supreme Court. (2) An appeal under this section does not stay the decision or order being appealed unless the Trial Division orders otherwise. Protection from
liability 32. (1) An action for damages does not lie against the registrar, a member of the council, officer, employee or agent of the college or council, a person or committee designated by the college or council, the college as a corporation, the council as governing body of the college, the complaints authorization committee, a person appointed by the complaints authorization committee, the disciplinary panel, an adjudication tribunal or the individual members of those bodies for an act or failure to act or a proceeding initiated or carried out in good faith under this Act, or for carrying out duties or obligations as the registrar, a member of the council, officer, employee, designate, agent, committee member or other person authorized under this Act or for a decision or order made or enforced in good faith under this Act. (2) A member of the college is not personally
liable for a debt of the college beyond the amount of unpaid dues, fees, fines
and penalties owed to the college, but all property of the college shall be
held for the payment of the debts of the college. False declarations 33. A person who obtains or attempts to obtain an entry of his or her name in the register by making a false or fraudulent declaration or misrepresentation either orally or in writing, and a person who knowingly helps in the making of the declaration or misrepresentation, is guilty of an offence. Offences 34. A person who contravenes this Act is guilty of an offence, and is liable on summary conviction to a fine not exceeding $1,000. Savings 35. Nothing in this Act limits or prevents the practice of physiotherapy by a person in giving first aid or temporary assistance in case of emergency. Transition 36. (1) The members of the council on the day before this Act comes into force are continued as members of the council until an election is held under section 4 of this Act. (2) An election to elect the 7 members of the council referred to in paragraph 4(1)(a) of this Act shall be held within 12 months after the day this Act comes into force. (3) The minister shall make appointments under paragraph 4(1)(b) of this Act within 30 days of the election held under subsection (2). (4) Of the members of the board first elected under section 4 of the Act, (a) 4 shall be elected for a term of 3 years; and (b) 3 shall be elected for a term of 2 years. RSNL1990 cP-13 Rep. 37. The Physiotherapy Act is repealed. ŠEarl G. Tucker, Queen's Printer |