This is an official version. Copyright © 2005: Queen's Printer, Important Information
Statutes of Newfoundland and Labrador 2005 1. Short title 2. Definitions 3. Board continued 4. Appointment by minister 5. Meetings 6. Functions of board 7. Annual report 8. Fees 9. Licence 10. Provisional licence 11. Duties of registrar 12. Proof of registration 13. Definitions 14. Complaints and disciplinary panel 15. Allegation 16. Effect of filing allegation 17. Complaints authorization committee 18. Adjudication tribunal 19. Hearing 20. Guilty plea by respondent 21. Powers of adjudication tribunal 22. Filing and publication of decisions 23. De-registration and suspension 24. Failure to comply 25. Reinstatement and readmission 26. Costs of board 27. Collection of fine 28. Appeal to Trial Division 29. Copies of books, etc. as evidence 30. Regulations 31. By-laws, fees and forms 32. Limitation to practise 33. Prohibition 34. Saving 35. Action prohibited 36. Offence 37. Transition 38. RSNL1990 cO-4 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 Occupational
Therapists Act, 2005. Definitions 2. In
this Act (a) "association" means the (b) "board" means the (c) "by-laws" means the by-laws made by
the board under section 31 and the Corporations Act; (d) "chairperson" means the person
elected as chairperson of the board under subsection 3(4); (e) "director" means a person elected or
appointed to the board; (f) "licence" means a licence to
practise as an occupational therapist issued under this Act and includes a
provisional licence; (g) "minister" means the minister
appointed under the Executive Council Act
to administer this Act; (h) "occupational therapist" means a
person who practises occupational therapy; (i) "occupational therapy" means the art
and science which uses the analysis and application of activities specifically
related to occupational performance in areas of self-care, productivity and
leisure by addressing problems which impede functional or adaptive behaviour in
persons whose occupational performance is impaired by illness, injury,
emotional disorder, developmental disorder, social disorder or the aging
process; (j) "register" means the register of
occupational therapists; and (k) "registrar" means the Registrar of
Occupational Therapists elected under section 3.
Board continued 3. (1) The
(2) The board consists of (a) 5 directors elected from and by licensed
occupational therapists in accordance with the by-laws; and (b) 2 directors appointed under section 4 who are not licensed occupational therapists. (3) A member of the board of directors of the
association is ineligible to be a director of the board. (4) The board shall elect from among the elected
directors a chairperson and a registrar. (5) The chairperson shall chair all meetings of
the board and the annual general meeting required under section 5. (6) A director may be elected for a term set by
the by-laws which shall not exceed 3 years and is eligible to be re-elected,
but shall not hold the office of director for more than 9 consecutive years. (7) An elected director may resign the office of
director by written notice to the board. (8) Where an elected director resigns, dies or
becomes incapable of performing the duties of a director, the remaining
directors shall appoint a replacement to serve until the next annual general
meeting. Appointment by
minister 4. (1) The
minister shall appoint as directors of the board 2 persons who are not
occupational therapists 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 board until the expiration of 12 months from the
end of the year in which he or she was last a director. (4) Where the term of an appointed director
expires, he or she continues to be a director until re-appointed or replaced. (5) The board shall pay the expenses of an
appointed director in accordance with guidelines established by the
Lieutenant-Governor in Council. (6) A person appointed under subsection (1) may
resign the office of director by written notice to the minister. Meetings 5. (1) A
quorum of the board is 4 directors, one of whom is an appointed director. (2) Except where prohibited in the by-laws, a
director may, where all the directors consent, participate in a meeting of the
board by means of the telephone or other telecommunication device that permits
all persons participating in the meeting to communicate with each other. (3) Where a quorum under subsection (1) exists, a
majority of that number is sufficient to make a decision, and in the event of a
tie the chairperson of the meeting shall cast the deciding vote. (4) The board shall hold, in accordance with the
by-laws, an annual general meeting of the licensed occupational therapists at
which (a) the election for directors shall be held; and (b) an auditor shall be appointed to audit the
accounts of the board and report on the financial statements prepared by the
board. (5) The board may in its by-laws provide for
voting at the annual general meeting of licensed occupational therapists by mail
or electronic means. Functions of
board 6. The
functions of the board are (a) to establish educational and professional
standards for occupational therapists; (b) to establish qualifications for being licensed
as an occupational therapist; (c) to examine candidates applying to be licensed; (d) to develop and publicize the functions and
areas of competence of and standards of practice for occupational therapists; (e) to monitor the need for occupational
therapists; and (f) to perform those other tasks not included in
paragraphs (a) to (f) that are in keeping with the purposes of this Act. Annual report 7. (1) The
board shall prepare and submit to the minister before July 1 (a) a report on the activities of the board; and (b) the board's audited financial statements. (2) Where the board fails to comply with
subsection (1), the board is guilty of an offence and on summary conviction may
be fined $1,000. Fees 8. (1)
In prescribing the fees payable under this Act the board shall, where it is
practicable, ensure that the amounts of the fees are sufficient to enable it to
discharge its duties. (2) All money received by the board shall be
applied by it to its duties under this Act. Licence 9. (1) The
board shall issue to an applicant a licence to practise as an occupational
therapist where he or she (a) pays the fee set by the board; (b) is a graduate of a school or program of
occupational therapy recognized by the board; (c) provides proof that he or she has applied for
membership in the association and paid the membership fee set by the association; (d) provides proof that he or she has obtained
professional liability insurance coverage in a form and amount satisfactory to
the board; and (e) satisfies other requirements that may be set
by the board in the regulations. (2) Except where a licence has been suspended
under sections 13 to 29
and subject to the conditions for the renewal of a licence that the board may
by regulation prescribe, the licence of an occupational therapist shall be
renewed annually upon payment of the prescribed fee. Provisional
licence 10. (1)
The board may issue a provisional licence to a person after being reasonably
satisfied that that person has met the academic qualifications required for
licensing established under paragraph 9(1)(b),
notwithstanding that the person has not met the other conditions for licensing
that may be prescribed by the regulations. (2) A provisional licence is subject to the terms,
conditions and limitations that the board may establish in relation to the
licence at the time it is issued, including the specific location for which the
licence is valid. (3) A provisional licence is valid for one year
unless a shorter period is provided for by the board and the board may, on
application, renew a provisional licence. (4) Notwithstanding section 32, a person to whom a provisional licence has been
issued may, subject to the terms, conditions and limitations under which the
licence was issued, use the designation "occupational therapist". Duties of
registrar 11. (1)
The registrar shall (a) keep a register containing the names of
persons licensed to practise occupational therapy in the province and other information
that may be required by the board; (b) act as secretary to the board; and (c) perform the other duties that the board may
assign. (2) The registrar shall make the register of the
board available for inspection by the public on reasonable notice and at
reasonable times. Proof of
registration 12. 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 13. In
this section and sections 14 to 29 (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 described in section 15; (c) "conduct deserving of sanction"
includes (i) professional misconduct, (ii) professional incompetence, (iii) conduct unbecoming a licensed occupational
therapist, and (iv) acting in breach of this Act, the regulations
or the code of ethics made under section 31; (d) "costs incurred by the board" means (i) out of pocket expenses incurred by or on
behalf of the board, (ii) amounts paid by the board to adjudication
tribunal members as remuneration and for expenses, and (iii) the actual legal costs of the board and an
adjudication tribunal; (e) "disciplinary panel" means the panel
of persons appointed under section 14 from
which the members of an adjudication tribunal are drawn; and (f) "respondent" means a licensed
occupational therapist or former licensed occupational therapist against whom
an allegation is made. Complaints and
disciplinary panel 14. (1) The board shall appoint 3 directors,
at least one of whom is a director appointed under section 4, to constitute a complaints authorization committee. (2) The chairperson of the board and a person
designated to receive allegations under section 15
are not eligible to be members of the complaints authorization committee. (3) The board shall appoint the chairperson and
vice-chairperson of the complaints authorization committee from the persons
appointed under subsection (1). (4) The board shall appoint at least 10 licensed
occupational therapists who are not directors, one of whom shall be appointed
to serve as chairperson, and the minister shall appoint at least 3 persons who
are not licensed occupational therapists to represent the public interest, who
shall together constitute a disciplinary panel. (5) Where an occupational therapist is appointed
under subsection (4) he or she shall serve on the disciplinary panel as a
condition of his or her licence unless the board determines that he or she is
unable to serve for reasons beyond his or her control. (6) 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. (7) 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. (8) Persons appointed to the disciplinary panel
may be reappointed. (9) The complaints authorization committee and an
adjudication tribunal appointed under section 18
and a person appointed by either of them may summon a respondent or other
person and require him or her to give evidence, orally or in writing, upon oath
or affirmation, and produce the documents and things that he or she considers
necessary to the full investigation and hearing of an allegation or complaint
and have the powers, privileges and immunities that are conferred on a
commissioner appointed under the Public Inquiries
Act. (10) A member of the disciplinary panel shall serve
as a member of the panel without payment for his or her services but may be remunerated
for services as a member of an adjudication tribunal and paid his or her travel
and other expenses associated with the work of the tribunal by the board, in
accordance with the rates set by the by-laws. Allegation 15. (1) An
allegation shall be in writing and signed by the complainant or his or her
solicitor, and filed with the chairperson. (2) The board may designate a person to act in the
place of the chairperson for the purposes of sections 13
to 29. (3) The chairperson may on his or her own motion
make an allegation and file it, and the allegation has the same effect as an
allegation referred to in subsection (1). (4) Where the chairperson 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 occupational
therapists in another province or territory of Canada or another territory or
country for reason of professional misconduct, conduct unbecoming an
occupational therapist or professional incompetence, the information shall be
dealt with by the chairperson as an allegation. (5) For the purpose of subsection (4), 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 16. (1) Where
it appears to the chairperson, after notifying the respondent of the
allegation, that the allegation may be resolved satisfactorily and where the
complainant and the respondent consent, the chairperson may attempt to resolve
the matter. (2) Where the allegation is not satisfactorily
resolved by the chairperson under subsection (1), the chairperson shall refer
the allegation and all other allegations to the complaints authorization
committee. (3) The chairperson shall inform a complainant and
a respondent of the referral of the allegation to the complaints authorization
committee. Complaints authorization
committee 17. (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 chairperson
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 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 is
considered to constitute a complaint, and the committee may (a) counsel or caution the respondent; or (b) instruct the chairperson to file the complaint
against the respondent and refer it to the disciplinary panel; and (c) recommend to the board that (i) the respondent's practice be suspended or
restricted, or (ii) the chairperson conduct an investigation of
the respondent's practice, and where the board approves an investigation the
chairperson shall conduct it, at any time before a final determination by
the adjudication tribunal. (4) A person conducting an investigation under
paragraph (1)(a), (b) or subparagraph (3)(c)(ii) may (a) require a respondent to (i) undergo an examination or assessment he or she
considers necessary and as arranged by the chairperson or the board, and (ii) permit the chairperson or a director or a
person appointed by the board to inspect and copy the records of the respondent
and other documents relating to the subject matter of the investigation; and (b) require another person to permit the
chairperson or a director or a person appointed by the board 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) Where the chairperson, a director or a person
appointed by the board 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. (6) An action for damages does not lie against a
licensed occupational therapist or another person to whom a request is made
solely because he or she provides information requested of him or her under
subsection (4). (7) Where the complaints authorization committee
recommends to the board that a respondent's practice be suspended, restricted
or investigated the board 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 18. (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 licensed occupational
therapists 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 licensed occupational therapists on an adjudication
tribunal to be the chairperson. Hearing 19. (1) Where
a complaint has been referred under paragraph 17(3)(b),
an adjudication tribunal shall hear the complaint. (2) The parties to a hearing are the board 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. Guilty plea by
respondent 20. (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 licence to the board upon those conditions that may be considered
appropriate and strike the respondent's name from the register; (d) impose a fine to be paid to the board, not to
exceed $10,000; (e) order that the respondent pay the costs or a
part of the costs incurred by the board in the investigation and hearing of the
complaint; (f) order that the chairperson publish a summary
of the decision including the information set out in subsection 22(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 board 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 board 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, or (ix) impose other requirements that are just and
reasonable in the circumstances. (3) The costs incurred by the board 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 21. (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 board 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 licence to the board upon those conditions that may be considered
appropriate and strike the respondent's name from the register; (d) impose a fine to be paid to the board, not to
exceed $10,000; (e) order that the respondent pay the costs or a
part of the costs incurred by the board in the investigation and hearing of the
complaint; (f) order that the chairperson publish a summary
of the decision including the information set out in subsection 22(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 board 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 board 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, or (ix) impose other requirements that are just and
reasonable in the circumstances. (4) The costs incurred by the board 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 22. (1) An
adjudication tribunal shall file a decision or order made under subsection 20(2) or 21(3) with
the chairperson and provide a copy to the complainant and the respondent and
the respondent's employer. (2) The chairperson 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 an occupational therapist permit a person
to view a summary of a decision where that licensed occupational therapist was
the respondent, prepared in accordance with subsection (4). (3) The chairperson 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 licence; (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 chairperson shall within 14 days of the filing of
the subsequent decision or order publish a summary of the decision or order and
subsections (2) and (3) apply, with the necessary changes. De-registration
and suspension 23. (1) Where
an occupational therapist is struck off the register, his or her rights and
privileges as a licensed occupational therapist cease. (2) Where an occupational therapist is suspended,
his or her rights and privileges as a licensed occupational therapist cease for
the period of suspension. (3) Where conditions or restrictions have been
imposed upon an occupational therapist's ability to carry on his or her practice,
his or her rights and privileges as a licensed occupational therapist shall be
limited to the extent specified by the conditions or restrictions. Failure to comply 24. (1) On
application by the board to the disciplinary panel, an adjudication tribunal
may make an order suspending the rights and privileges of a respondent where it
determines that the respondent has failed to comply with a decision or an order
under section 20 or 21.
(2) The parties to the application are the board
and the respondent. (3) An order of an adjudication tribunal under
this section may suspend the rights and privileges 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 25. (1) Where
a decision or order of the adjudication tribunal (a) suspends the respondent; (b) allows or directs the respondent to surrender
his or her licence; (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 17(3)(b) and sections 19 to 24 apply, with
the necessary changes, to the referred matter. (4) The parties to a supplementary hearing under
this section are the respondent and the board. (5) For the purpose of this section, in addition
to an order that an adjudication tribunal may make under section 21, a tribunal may (a) vary the original decision or order made under
section 21; or (b) discharge the original decision or order, with
or without conditions. Costs of board 26. (1) Where
a person who was ordered to pay the costs of the board under paragraph 20(2)(e) or 21(3)(e)
fails to pay in the time required, the board may suspend the licence of that
person until the costs are paid. (2) Costs ordered by the board under paragraph 20(2)(e) or 21(3)(e)
are a debt due the board and may be recovered by a civil action. Collection of
fine 27. (1)
Where an order is made under section 20 or 21 imposing a fine on a respondent, the board 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 an 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 III of the Judgment Enforcement Act and be enforced
in accordance with that Act. Appeal to Trial
Division 28. (1)
The board or the respondent may, within 30 days after receiving notice of a
decision or order of an adjudication tribunal under this Act, appeal the
decision or order 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. Copies of books,
etc. as evidence 29. 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 subsection 17(4) to conduct an inspection, who made the copy or extract under
subsection 17(4) 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. Regulations 30. (1) The
board may, with the approval of the minister, make regulations (a) prescribing conditions for the licensing of
persons to practise occupational therapy and for the renewal of licences; (b) providing for the issuance of provisional
licences; (c) approving schools and programs of occupational
therapy; (d) respecting continuing education courses and
other programs for the purpose of maintaining and improving professional
standards; (e) providing for the referral of persons by a
person other than a legally qualified medical practitioner to an occupational
therapist; (f) respecting alternative dispute resolution for
the purposes of sections 13 to 29 and the procedure for that resolution; (g) prescribing time limits for events in the
disciplinary process in sections 13 to 29, including time limits for: (i) the filing of an allegation, (ii) the resolution of an allegation by the
chairperson under section 16, (iii) the conduct of an investigation under section 17, (iv) consideration of an allegation by the
complaints authorization committee 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 17(3)(c)(ii), (vii) the appointment of an adjudication tribunal
under section 18, and (viii) the conduct of a hearing and the filing of a
decision or order by an adjudication tribunal following completion of the
hearing. (2) Notwithstanding paragraph (1)(g), the minister
may make regulations prescribing time limits for events in the disciplinary
process under sections 13 to 29 where the board does not do so within the time the
minister considers reasonable. By-laws, fees and
forms 31. (1) The
board may make by-laws (a) providing for the holding and procedure of its
meetings; (b) providing for the election of directors under
section 5 and setting the terms of office; (c) limiting the participation of directors in a
meeting of the board by telephone or other telecommunications device under
section 5; (d) providing for voting at a meeting of the
licensed occupational therapists by mail or electronic means; (e) respecting the rates of remuneration for
members of an adjudication tribunal; (f) establishing a code of ethics which may
include a definition of "professional misconduct" and "conduct
unbecoming an occupational therapist" for the purposes of sections 13 to 29; and (g) generally, to assist in the administration of
this Act and the regulations. (2) The board shall have its by-laws available for
inspection by the public on reasonable notice and at reasonable hours. (3) The board may set fees and forms for the
purpose and administration of the Act. Limitation to
practise 32. (1)
A person shall not use the designation "occupational therapist" or
words or the letters "O.T." or letters similar to them indicative of
that designation or seek to convey the impression of being an occupational
therapist licensed under this Act unless that person is licensed under this
Act. (2) A person shall not practise occupational
therapy except upon referral of a person to the person by a legally qualified
medical practitioner or another person authorized by the regulations to make a
referral. (3) An occupational therapist shall not diagnose
or prescribe medicines or drugs. Prohibition 33. A
person shall not engage in the practice of occupational therapy unless that
person is licensed as an occupational therapist under this Act. Saving 34. Notwithstanding
section 33, nothing in this Act limits or prevents
the practice of occupational therapy (a) by a legally qualified medical practitioner;
or (b) by a person in giving first aid or temporary
help in case of emergency. Action prohibited 35. An
action for damages shall not lie against the board, the disciplinary panel, an
adjudication tribunal or the individual members of those bodies, a person
appointed by the complaints authorization committee to conduct an
investigation, the registrar, or an officer, employee or agent of the board for (a) an act or failure to act, or a proceeding initiated
or carried out in good faith under this Act, or carrying out their duties or
obligations as an officer, employee, member, agent or investigator under this
Act; or (b) for a decision or order made or enforced in
good faith under this Act. Offence 36. A
person who contravenes this Act commits an offence and is liable on summary
conviction to a fine not exceeding $1,000 for a first conviction and to a fine
not exceeding $3,000 for a second or subsequent conviction. Transition 37. (1) The
members of the (2) An election to elect the 5 directors referred to in paragraph 3(2)(a) shall be held within 12 months after the day this Act comes into force. (3) The minister shall make appointments under
section 4 within 30 days of the election held under subsection (2). (4) Of the directors first elected under section 5,
(a) 3 shall be appointed for a term of 3 years;
and (b) 2 shall be appointed for a term of 2 years. RSNL1990 cO-4
Rep. 38. The Occupational Therapists Act is repealed. ©Earl G. Tucker, Queen's Printer |