O. Reg. 864/93: REGISTRATION, Massage Therapy Act, 1991, S.O. 1991, c. 27
Massage Therapy Act, 1991
Loi de 1991 sur les massothérapeutes
ONTARIO REGULATION 864/93
Amended to O. Reg. 473/99
REGISTRATION
Historical version for the period September 24, 1999 to May 18, 2005.
This Regulation is made in English only.
General
1. The following are prescribed as classes of certificates of registration:
1. General.
2. Inactive. O. Reg. 864/93, s. 1.
2. A person may apply for the issue of a certificate of registration of a class set out in section 1 by submitting an application to the Registrar, in the form that shall be supplied by the Registrar, together with the application fee. O. Reg. 864/93, s. 2.
3. It is a registration requirement for a certificate of registration of any class that the applicant provide details of any of the following that relate to the applicant:
1. A conviction for a criminal offence related to the regulation of the practice of the profession.
2. A finding of professional misconduct, incompetency or incapacity in Ontario in relation to another health profession or in another jurisdiction in relation to the profession or another health profession.
3. A current proceeding for professional misconduct, incompetency or incapacity in Ontario in relation to another health profession or in another jurisdiction in relation to the profession or another health profession.
4. An unsuccessful application for registration as a Massage Therapist in Ontario or another jurisdiction.
5. An attempt to pass a licensing examination in Ontario or another jurisdiction that has not, at the time of the application, resulted in a passing grade. O. Reg. 864/93, s. 3.
4. It is a condition of a certificate of registration of any class that the member provide the College with details of any of the following that relate to the member and that occur or arise after the registration of the member:
1. A conviction for a criminal offence or an offence related to the regulation of the practice of the profession.
2. A finding of professional misconduct, incompetency or incapacity in Ontario in relation to another health profession or in another jurisdiction in relation to the profession or another health profession.
3. A proceeding for professional misconduct, incompetency or incapacity in Ontario in relation to another profession or in another jurisdiction in relation to the profession or another health profession. O. Reg. 864/93, s. 4.
General Certificates of Registration
5. (1) An applicant for the issuance of a general certificate of registration must meet the following non-exemptible registration requirements:
1. The applicant must have,
i. in the case of an applicant other than an applicant described in subparagraph ii,
A. obtained a diploma in massage therapy from a private vocational school in Ontario, or a College of Applied Arts and Technology in Ontario, or
B. successfully completed a course in massage therapy at an educational institution outside of Ontario that the Registration Committee considers to be equivalent to the educational program currently being taught in schools referred to in sub-subparagraph A, or
ii. in the case of an applicant who has previously held a certificate of registration under the Act or under a predecessor of the Act which certificate has lapsed, successfully completed a course of training as a massage therapist that, in the opinion of the Registration Committee, is substantially similar, but not equivalent, to the training described in sub-subparagraph A or B of subparagraph i.
2. The applicant must have successfully completed the certification examinations set or approved by the College and complied with all requirements associated with those examinations, including payment of the examination fees.
3. The applicant must provide proof of eligibility to acquire professional liability insurance, and prior to the issuance of a certificate, must show proof of actual coverage.
4. The applicant must satisfy the Registration Committee that nothing in the applicant’s previous conduct affords reasonable grounds for the belief that he or she lacks the knowledge, skill or judgment to practise safely and ethically. O. Reg. 864/93, s. 5 (1); O. Reg. 396/94, s. 1.
(2) It is a term, condition or limitation of a certificate of registration issued to an applicant described in subparagraph ii of paragraph 1 of subsection (1) that the applicant obtain such additional education and experience as, in the opinion of the Registration Committee, is necessary to provide the applicant with education and experience equivalent to that which is described in sub-subparagraph A or B of subparagraph i of paragraph 1 of subsection (1). O. Reg. 864/93, s. 5 (2).
6. The following are registration requirements for a general certificate of registration:
1. The applicant must satisfy the Registration Committee, where he or she has previously practised massage therapy or another health profession in Ontario or any other jurisdiction, that there has been no finding of, and that there is no current proceeding involving an allegation of, professional misconduct, incompetence or incapacitation or any like finding or proceeding against the applicant that affects the fitness of the applicant to practise the profession.
2. The applicant must satisfy the Registration Committee that he or she has not been convicted or charged with, and not found “not guilty” or acquitted of, an offence that affects the fitness of the applicant to engage in the practice of the profession.
3. In the event that the applicant completed an educational program described in subparagraph i of paragraph 1 of subsection 5 (1) more than three years prior to the date of the application for registration, the applicant must have, within fifteen months of application, successfully completed a refresher course approved by the Council in accordance with its policies.
4. The applicant must be a Canadian citizen or a permanent resident of Canada or authorized under the Immigration Act (Canada) to engage in the practice of the profession.
5. The applicant must be able to speak and write either English or French with reasonable fluency. O. Reg. 864/93, s. 6.
7. (1) The following are conditions of a general certificate of registration:
1. The member’s certificate of registration is revoked if the member ceases to be a Canadian citizen or a permanent resident of Canada or to be authorized under the Immigration Act (Canada) to engage in the practice of the profession.
2. The member shall practise the profession only if,
i. the member has provided at least 500 hours of direct client care within the scope of practice of the profession in the previous three years, or
ii. the member has, within the previous fifteen months, successfully completed a refresher course approved by the College.
3. The member’s certificate of registration is revoked if the member ceases to maintain the amount of professional liability insurance required under section 14.
4. The member shall maintain a principal place of practice in Ontario.
(2) Paragraph 2 of subsection (1) does not apply to a member who has been a member for less than two years. O. Reg. 864/93, s. 7.
Inactive Certificates
8. (1) It is a non-exemptible registration requirement for an inactive certificate of registration that the member have previously been the holder of a general certificate of registration.
(2) It is a condition of an inactive certificate of registration that the member not practice in Ontario as a Massage Therapist. O. Reg. 864/93, s. 8.
9. A member who holds an inactive certificate of registration shall, upon application, be issued a general certificate of registration if the member,
(a) has been an inactive member for less than three years; or
(b) has satisfactorily completed a refresher course approved by the College within the fifteen months prior to the application. O. Reg. 864/93, s. 9.
Miscellaneous
10. (1) The Registrar shall, at least forty-five days before the deadline for annual renewal of the current certificate of registration, send to every member, at the address of the principal practice shown in the register, a notice respecting the required payment of annual fees, the filing of statistical information and the requirements to be satisfied to meet the terms and conditions of the class of certificate in question.
(2) Every member shall submit to the College, on renewal of a certificate of registration, an information return containing the following information:
1. The member’s principal place of practice.
2. The member’s principal place of residence.
3. The addresses and telephone numbers of all locations in which the member practises the profession, and the business names of the practices, if any.
4. The address to which the member wishes correspondence from the College to be sent.
5. The statistical information required by regulation.
6. Proof of professional liability insurance, in at least the minimal amount required under section 14.
7. A declaration of compliance with the terms and conditions of the certificate in the form provided.
(3) If a member fails to comply with subsection (2), the address to which the member wishes correspondence from the College to be sent and the member’s principal place of practice or residence shall be deemed to be as shown on the information return last submitted under subsection (2). O. Reg. 864/93, s. 10.
11. A member must notify the Registrar within fourteen days of any change of name, location of practice or principal practice, business name of practice, business telephone number or principal residence by registered mail, including an original copy of proof of any change of name. O. Reg. 864/93, s. 11.
12. (1) If the Registrar suspends a member’s certificate of registration for failure to pay a required fee, the Registrar may lift the suspension on the payment of,
(a) the fee the member failed to pay;
(b) the fees that would have been payable had the member’s certificate not been suspended, to a maximum of two years annual fees;
(c) all outstanding fees or any penalties imposed by a committee of the College; and
(d) any applicable penalties, including the reinstatement fee. O. Reg. 864/93, s. 12 (1); O. Reg. 473/99, s. 1 (1).
(2) If the Registrar suspends a member’s certificate of registration for failure to provide proof of professional liability insurance, the Registrar may lift the suspension on the receipt of proof of such insurance and the payment of the reinstatement fee set out in this Regulation.
(3) Where the Registrar suspends a member’s certificate of registration and the suspension remains in effect for a period exceeding two years, the certificate is automatically revoked. O. Reg. 864/93, s. 12 (2, 3).
(4) Revoked: O. Reg. 473/99, s. 1 (2).
(5) A member may be reinstated if the member applies for reinstatement within two years of the suspension of the certificate of registration. O. Reg. 864/93, s. 12 (5).
13. The obligation to pay the annual membership fee or renewal fee and to submit the annual information return continues even if the Registrar fails to mail a notice or the member fails to receive such notice. O. Reg. 864/93, s. 13.
14. Revoked: O. Reg. 473/99, s. 2.
15. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 864/93, s. 15.