Respiratory Therapy Act, 1991
Loi de 1991 sur les thérapeutes respiratoires
ONTARIO REGULATION 596/94
GENERAL
Historical version for the period November 5, 2012 to November 18, 2012.
Last amendment: O. Reg. 334/12.
This Regulation is made in English only.
PART I (ss. 1-19) Revoked: O. Reg. 470/99, s. 1.
PART II (ss. 20-22) Revoked: O. Reg. 470/99, s. 1.
PART III
ADVERTISING
23. (1) In this Part, an advertisement with respect to a member’s practice includes an advertisement for gases used for medical purposes, equipment, supplies or services that includes a reference to the member’s name.
(2) An advertisement with respect to a member’s practice must not contain,
(a) anything that is false or misleading;
(b) anything that, because of its nature, cannot be verified;
(c) a claim of expertise in any area of practice, or with respect to any procedure or treatment, unless the advertisement discloses the basis of the expertise;
(d) an endorsement other than an endorsement by an organization that is known to have expertise relevant to the subject-matter of the endorsement;
(e) a testimonial by a patient or client or former patient or client or by a friend or relative of a patient or client or former patient or client; or
(f) anything that promotes or is likely to promote excessive or unnecessary use of services.
(3) An advertisement must be readily comprehensible to the persons to whom it is directed.
(4) A member must not permit his or her name to be used in an advertisement that contravenes subsection (2) or (3).
(5) A member must not advertise by initiating contact, or causing or allowing any person to initiate contact, with potential patients or clients or their personal representatives either in person or by telephone, in an attempt to solicit business.
(6) Despite subsection (5), a member may advertise by initiating contact with a potential client or a personal representative of a potential client if the potential client does not personally use or consume the gases, equipment, supplies or services that are the subject of the advertisement.
(7) A member must not appear in, or permit the use of his or her name in, an advertisement that implies, or could reasonably be interpreted to imply, that the professional expertise of the member is relevant to the subject-matter of the advertisement if it is not relevant. O. Reg. 596/94, s. 23.
PART IV (ss. 24-29) Revoked: O. Reg. 470/99, s. 1.
PART V
NOTICE OF MEETINGS AND HEARINGS
30. (1) The Registrar shall ensure that notice is given in accordance with this Part with respect to each of the following that is required to be open to the public under the Act:
1. A meeting of the Council.
2. A hearing of the Discipline Committee respecting allegations of a member’s professional misconduct or incompetence. O. Reg. 6/08, s. 1.
(2) The notice must, where possible, be posted not less than 14 days before the date of the meeting or hearing on the website of the College. O. Reg. 6/08, s. 1.
(3) The notice must be published in English and in French. O. Reg. 6/08, s. 1.
(4) The notice must include,
(a) the date, time and location of the meeting or hearing;
(b) a statement of the purpose of the meeting or hearing including, in the case of a hearing, the name of the member against whom the allegations have been made and the member’s principal place of practice; and
(c) an address and telephone number at which further information about the meeting or hearing may be obtained. O. Reg. 6/08, s. 1.
(5) The Registrar shall give notice of a meeting or hearing that is open to the public to every person who requests it. O. Reg. 6/08, s. 1.
(6) No meeting or hearing is invalid simply because a person has not complied with a requirement of this Part. O. Reg. 6/08, s. 1.
31. Revoked: O. Reg. 6/08, s. 1.
PART VI
QUALITY ASSURANCE
General
32. In this Part,
“Committee” means the Quality Assurance Committee. O. Reg. 68/99, s. 1.
33. The Committee shall administer the quality assurance program, which shall include the following components:
1. Continuous quality improvement activities by members.
2. Assessment of members’ knowledge, skills and judgment and remediation of members whose knowledge, skills or judgment have been assessed and found to be unsatisfactory.
3. Assessment of members who are alleged to have demonstrated behaviour or made remarks of a sexual nature towards a patient or client and remediation of members. O. Reg. 68/99, s. 1.
34. The College shall monitor the members’ compliance with the quality assurance program. O. Reg. 68/99, s. 1.
Continuous Quality Improvement Activities
35. (1) Every member shall participate in continuous quality improvement activities which shall include,
(a) self-assessment of the member’s knowledge, skills and judgment;
(b) development of a plan to improve one or more of the member’s knowledge, skills or judgment;
(c) implementation of the plan to improve one or more of the member’s knowledge, skills or judgment; and
(d) self-evaluation of the improvement in one or more of the member’s knowledge, skills or judgment.
(2) Every member shall maintain records of his or her continuing quality improvement activities in accordance with the guidelines published by the Committee and delivered to the members.
(3) A member shall, on request,
(a) provide accurate information to the College about his or her continuing quality improvement activities; and
(b) make his or her records available to the College for inspection. O. Reg. 68/99, s. 1.
Assessments
36. (1) Each year the Committee shall select at random the names of members required to undergo an assessment of their knowledge, skills and judgment.
(2) A member shall undergo an assessment of his or her knowledge, skills and judgment if his or her name is selected at random or if the member is referred to the Committee by the Registrar, the Executive Committee or a panel of the Complaints Committee. O. Reg. 68/99, s. 1.
37. (1) An assessment under section 36 shall be conducted by an assessor appointed under section 81 of the Health Professions Procedural Code.
(2) A person may be appointed to conduct an assessment of a member even though the person,
(a) is an employee of the College; or
(b) is acquainted with the member who is to undergo the assessment.
(3) The assessment may include,
(a) inspecting and reviewing the member’s premises and records relating to patient and client care, continuing quality improvement activities and equipment maintenance and quality control;
(b) interviewing the member, his or her colleagues, staff, supervisors or employers;
(c) requiring the member to answer questions orally or in writing; or
(d) requiring the member to participate in one or more evaluations of the member’s knowledge, skills or judgment including practical evaluations such as simulated situations, peer assessments or practice setting reviews.
(4) An assessor may obtain the assistance of other persons for the purposes of conducting an assessment. O. Reg. 68/99, s. 1.
38. (1) When an assessment is directed under section 36, the chair of the Committee shall select a panel from among the members of the Committee.
(2) A panel shall be composed of at least three persons, at least one of whom shall be a person appointed to the Council by the Lieutenant Governor in Council and at least one of whom shall be both a member of the College and a member of the Council.
(3) If one or more members of a panel become ill or are otherwise unable to continue as members of the panel,
(a) the panel may continue to act with respect to the assessment so long as there are at least two members remaining on the panel; or
(b) the chair of the Committee may appoint other members to replace the previous panel members.
(4) An assessor shall give a written report of the results of an assessment to the panel appointed under subsection (1).
(5) The panel shall review the assessor’s report and recommendations.
(6) If the report indicates that any of the member’s knowledge, skills and judgment are unsatisfactory, the panel shall make reasonable efforts to obtain and review the member’s records relating to his or her quality improvement activities, and after doing so, it may do one or more of the following:
1. Give the member an opportunity to correct the aspects of the member’s knowledge, skills and judgment that the panel believes are unsatisfactory.
2. Require the member to undertake specified remedial or refresher measures or education.
3. If the panel finds that the member’s knowledge, skills or judgment are unsatisfactory and the panel believes that any action taken under paragraph 1 or 2 would be inadequate, direct the Registrar to impose, subject to section 42, terms, conditions or limitations on the member’s certificate of registration for a specified period not exceeding six months. O. Reg. 68/99, s. 1.
39. (1) Subject to section 42, a panel may direct the Registrar to impose terms, conditions or limitations on a member’s certificate of registration, for a specified period not exceeding six months, if,
(a) the member refuses to undertake the specified remedial or refresher measures or education required under paragraph 2 of subsection 38 (6); or
(b) the member has undertaken the specified remedial or refresher measures or education required under paragraph 2 of subsection 38 (6) and the measures or education have not been successfully completed.
(2) If a term, condition or limitation is imposed for a specified period by the Registrar as a result of a direction made under subsection (1) or paragraph 3 of subsection 38 (6), the panel may direct the Registrar to remove the term, condition or limitation before the end of the specified period if the panel is satisfied that the member’s knowledge, skills and judgment are satisfactory. O. Reg. 68/99, s. 1.
40. (1) If a panel takes action under subsection 38 (6) or 39 (1), it may, at the time it communicates its decision to the member or at any time thereafter, require the member to undergo a follow-up assessment to determine whether the member’s knowledge, skills and judgment are satisfactory.
(2) Sections 37, 38 and 39 apply with necessary modifications to a follow-up assessment under this section. O. Reg. 68/99, s. 1.
41. (1) A panel may refer a member to the Executive Committee if,
(a) the member fails to comply with the requirements of the quality assurance program; or
(b) the member poses a risk of harm to patients or clients.
(2) A panel that refers a member to the Executive Committee under subsection (1) may provide the Executive Committee with such information as it considers appropriate, except for information that may not be disclosed under section 83 of the Health Professions Procedural Code. O. Reg. 68/99, s. 1.
42. A panel shall not act under paragraph 3 of subsection 38 (6) or under subsection 39 (1) unless it gives the member written notice of what it intends to do, a copy of the assessor’s report and at least 14 days to make a written submission to the panel. O. Reg. 68/99, s. 1.
Behaviour and Remarks of a Sexual Nature
43. (1) The chair of the Committee shall select a panel from among the members of the Committee to deal with any matter relating to sexual abuse as defined in clause 1 (3) (c) of the Health Professions Procedural Code that is referred to the Committee under paragraph 4 of subsection 26 (2) or section 79.1 of the Health Professions Procedural Code by the Complaints Committee, the Executive Committee or the Board.
(2) Subsections 38 (2) and (3) apply to a panel selected under this section. O. Reg. 68/99, s. 1.
44. (1) The panel appointed under subsection 43 (1) may require a member in respect of whom a matter mentioned in subsection 43 (1) has been referred to the Committee to undergo a psychological assessment or an assessment of the member’s needs for education about sexual abuse.
(2) The person conducting the assessment shall provide a written report of the results of the assessment to the panel. O. Reg. 68/99, s. 1.
45. After considering the assessment report and subject to section 47, the panel may require the member to undergo specified therapy or to participate in a sexual abuse education program. O. Reg. 68/99, s. 1.
46. (1) Subject to section 47, the panel may direct the Registrar to impose terms, conditions or limitations on a member’s certificate of registration, for a specified period not exceeding six months, if,
(a) the member refuses to undergo an assessment required under section 44;
(b) the member refuses to undergo therapy or to participate in the sexual abuse education program as required under section 45; or
(c) the member participates in the specified therapy or the sexual abuse education program but fails to successfully complete the therapy or program.
(2) If a term, condition or limitation is imposed for a specified period by the Registrar as a result of a direction made under subsection (1), the panel may direct the Registrar to remove the term, condition or limitation before the end of the specified period if the panel is satisfied that it is no longer needed.
(3) A panel may refer a member to the Executive Committee if a term, condition or limitation has been imposed on the member’s certificate of registration for a specified period of time under this section and the member,
(a) continues to refuse to undergo an assessment;
(b) continues to refuse to undertake the specified therapy or to participate in a sexual abuse education program required under section 45; or
(c) fails to successfully complete the specified therapy or program.
(4) A panel that refers a member to the Executive Committee under subsection (3) may provide the Executive Committee with such information as it considers appropriate, except for information that may not be disclosed under section 83 of the Code. O. Reg. 68/99, s. 1.
47. A panel shall not act under section 45 or subsection 46 (1) unless it gives the member written notice of what it intends to do, a copy of the assessor’s report and at least 14 days to make a written submission to the panel. O. Reg. 68/99, s. 1.
PART VII
PRESCRIBED PROCEDURES
48. The following procedures are prescribed as procedures below the dermis for the purposes of paragraph 1 of section 4 of the Act:
1. Basic procedures:
i. Arterial puncture.
ii. Capillary puncture.
iii. Tracheostomy tube change for an established stoma.
iv. Transtracheal catheter change for an established stoma.
2. Added Procedures:
i. Removal of a cannula.
ii. Manipulation or repositioning of a cannula.
iii. Aspiration from a cannula.
iv. Venipuncture.
v. Suturing to secure indwelling cannulae.
vi. Transtracheal catheter change for a fresh stoma that is less than seven weeks.
vii. Tracheostomy tube change for a fresh stoma that is less than seven days but not less than 24 hours.
viii. Manipulation or reposition of a cannula balloon.
3. Advanced Procedures:
i. Insertion of a cannula.
ii. Chest needle insertion, aspiration, reposition and removal.
iii. Chest tube insertion, aspiration, reposition and removal. O. Reg. 68/99, s. 1.
49. (1) It is a condition of a general certificate of registration that a member not perform an advanced procedure unless the member has, within two years before the procedure is performed, successfully completed a certification process or program approved by the Registration Committee of the College.
(2) The following are conditions of a graduate certificate of registration:
1. A member shall not perform advanced procedures.
2. A member shall not perform an added procedure unless the member is permitted to perform the procedure by the terms and conditions of his or her certificate of registration imposed under subsection 15 (2), 18 (2) or 19 (6) of the Health Professions Procedural Code.
(3) The following are conditions of a limited certificate of registration:
1. A member shall not perform a basic or added procedure unless the member is permitted to perform the procedure by the terms and conditions of his or her certificate of registration imposed under subsection 15 (2), 18 (2) or 19 (6) of the Health Professions Procedural Code.
2. A member shall not perform an advanced procedure unless,
i. the member is permitted to perform the procedure by the terms and conditions of his or her certificate of registration imposed under subsection 15 (2), 18 (2) or 19 (6) of the Health Professions Procedural Code, and
ii. the member has, within two years before the procedure is performed, successfully completed a certification process or program approved by the Registration Committee of the College. O. Reg. 68/99, s. 1.
PART VII.1
PRESCRIBED SUBSTANCES
49.1 (1) For the purposes of paragraph 5 of section 4 of the Act, a member holding a general certificate of registration is authorized, in the course of engaging in the practice of the profession, and subject to the terms, conditions and limitations imposed on his or her certificate of registration, to administer therapeutic oxygen by inhalation. O. Reg. 334/12, s. 1.
(2) It is a condition of every other certificate of registration that the member not administer a prescribed substance by inhalation in the course of engaging in the practice of the profession. O. Reg. 334/12, s. 1.
PART VIII
REGISTRATION
Classes of Certificate, General
50. The following are prescribed as classes of certificates of registration:
1. General.
2. Graduate.
3. Limited.
4. Inactive. O. Reg. 17/12, s. 1.
Application for Certificate of Registration
51. A person may apply for a certificate of registration by submitting a completed application in the form provided by the Registrar, together with the application fee. O. Reg. 17/12, s. 1.
52. It is a requirement for the issuing of a certificate of registration of any class that the applicant pay the required annual fee for that class of certificate. O. Reg. 17/12, s. 1.
Requirement for the Issuance of Certificates of Registration, Any Class
53. (1) An applicant for a certificate of registration of any class must satisfy the following requirements:
1. The applicant must fully disclose details of any criminal offence of which the applicant has been found guilty, including any offence under the Controlled Drugs and Substances Act (Canada) or the Food and Drugs Act (Canada).
2. The applicant must fully disclose details of every professional misconduct, incompetence, incapacity or other similar proceeding that he or she is the subject of and that relates to his or her registration or licensure in Ontario in another profession or in another jurisdiction in respiratory therapy or another profession.
3. The applicant must fully disclose details of every finding of professional misconduct, incompetence, incapacity or other similar finding that he or she previously has been the subject of while registered or licensed in Ontario in another profession or in another jurisdiction in respiratory therapy or another profession.
4. The applicant’s past and present conduct afford reasonable grounds for belief that the applicant,
i. is mentally competent to practise respiratory therapy,
ii. will practise respiratory therapy with decency, integrity and honesty and in accordance with the law, and
iii. will display an appropriately professional attitude.
5. The applicant must be able to communicate effectively in English or French in a health care environment.
6. The applicant must be a Canadian citizen or a permanent resident of Canada or be authorized under the Immigration and Refugee Protection Act (Canada) to engage in the practice of respiratory therapy. O. Reg. 17/12, s. 1.
(2) An applicant shall be deemed not to have satisfied the requirements for a certificate of registration if the applicant made a false or misleading statement or representation in the application. O. Reg. 17/12, s. 1.
(3) An applicant who, after having applied but before being issued a certificate, is found guilty of an offence referred to in paragraph 1 of subsection (1) or becomes the subject of a proceeding or of a finding described in paragraph 2 or 3 of that subsection shall immediately inform the Registrar. O. Reg. 17/12, s. 1.
Conditions of Every Certificate
54. Every certificate of registration is subject to the following conditions:
1. The member shall provide to the Registrar at the first reasonable opportunity of the details of any of the following that relate to the member and that occur or arise after the registration of the member,
i. a finding of guilt relating to any offence,
ii. a finding of professional misconduct, incompetence, incapacity or other similar finding in Ontario in relation to another profession or in another jurisdiction in relation to respiratory therapy or another profession,
iii. a proceeding for professional misconduct, incompetence, incapacity or other similar proceeding in Ontario in relation to another profession or in another jurisdiction in relation to respiratory therapy or another profession.
2. The member must maintain professional liability insurance in the amount and in the form as required under the by-laws.
3. The member must provide information about himself or herself in the manner and in the form as required under the by-laws.
4. The member must pay any fees required under the by-laws. O. Reg. 17/12, s. 1.
Additional Requirements, General Certificate
55. (1) In addition to the requirements set out in section 53, an applicant for a general certificate of registration must satisfy the requirements set out in subsections (2), (4) and (5). O. Reg. 17/12, s. 1.
(2) Subject to subsection (7), an applicant must,
(a) have successfully completed a respiratory therapy program offered in Canada that, at the time of completion, was approved or accredited by the Council or by a body approved by the Council; or
(b) have,
(i) successfully completed a program offered outside Canada either in respiratory therapy or in a closely related field that is acceptable to the Registration Committee, along with any additional education that is required by the Registration Committee, and
(ii) demonstrated through an assessment process acceptable to the Registration Committee that he or she has knowledge, skills and judgment equivalent to those of a person who has successfully completed a program referred to in clause (a). O. Reg. 17/12, s. 1.
(3) The College shall provide the applicant with a copy of the list of programs referred to in clause (2) (a) upon request. O. Reg. 17/12, s. 1.
(4) An applicant must have successfully completed the examinations set or approved from time to time by the Council which assess the generally accepted competencies for respiratory therapy. O. Reg. 17/12, s. 1.
(5) An applicant must have met the requirements of subsection (2) within the two years immediately preceding the application for registration unless the applicant was practising respiratory therapy within that two-year period. O. Reg. 17/12, s. 1.
(6) Subject to subsection (7) and to sections 56 and 57, the requirements in subsections (2) and (4) are non-exemptible. O. Reg. 17/12, s. 1.
(7) An applicant for a general certificate of registration is exempt from the requirements of subsection (2) if the applicant previously held a general certificate of registration and, before being issued the general certificate, held a limited certificate of registration. O. Reg. 17/12, s. 1.
Mobility — Unregulated Canadian Practitioner
56. An applicant for a general certificate of registration is exempt from the requirements of subsections 55 (2) and (4) if,
(a) the applicant is a member of a professional association of practitioners of respiratory therapy in another jurisdiction in Canada that does not have a statutory regulatory body for practitioners of respiratory therapy, if the professional association is recognized by the Registration Committee and the applicant has a general or full membership status in the professional association;
(b) the applicant has safely practised the profession in that jurisdiction, while holding the general or full membership status, in a manner that demonstrates that he or she could meet the current standards of practice of the profession in Ontario, within the two years immediately before the date of the application; and
(c) the occupational standards and requirements for practitioners of respiratory therapy who are members of a recognized professional association in that jurisdiction are, in the opinion of the Registration Committee, substantially equivalent to those for respiratory therapists registered in Ontario. O. Reg. 17/12, s. 1.
Mobility — Regulated Canadian Practitioner
57. (1) Where section 22.18 of the Health Professions Procedural Code applies to an applicant for a general certificate of registration, the requirements of subsections 55 (2), (4) and (5) are deemed to have been met by the applicant. O. Reg. 17/12, s. 1.
(2) Despite subsection (1), it is a non-exemptible requirement that an applicant referred to in subsection (1) provide a certificate, letter or other evidence satisfactory to the Registrar that the applicant is in good standing as a respiratory therapist in every jurisdiction where the applicant holds an out-of-province certificate. O. Reg. 17/12, s. 1.
(3) Where an applicant referred to in subsection (1) is unable to satisfy the Registrar that the applicant practised the profession to the extent that would be permitted by a general certificate of registration at any time in the two years immediately prior to the date of that applicant’s application, that applicant must meet any further requirement to undertake, obtain or undergo material additional training, experience, examinations or assessments, if any, that may be specified by a panel of the Registration Committee. O. Reg. 17/12, s. 1.
(4) An applicant referred to in subsection (1) is deemed to have met the requirements of paragraph 5 of subsection 53 (1) where the requirements for the issuance of the applicant’s out-of-province certificate included language proficiency requirements equivalent to those required by that paragraph. O. Reg. 17/12, s. 1.
(5) Despite subsection (1), an applicant is not deemed to have met a requirement if that requirement is described in subsection 22.18 (3) of the Health Professions Procedural Code. O. Reg. 17/12, s. 1.
Additional Requirements, Graduate Certificate
58. (1) In addition to the requirements set out in section 53, an applicant for a graduate certificate of registration must meet the following requirements:
1. The applicant must have successfully completed the requirements of subsection 55 (2).
2. The applicant must not yet have completed the examinations referred to in subsection 55 (4). O. Reg. 17/12, s. 1.
(2) The College shall provide the applicant with a copy of the list of programs referred to in clause 55 (2) (a) upon request. O. Reg. 17/12, s. 1.
(3) An applicant must have met the requirements of subsection 55 (2) within the two years immediately preceding the application for registration unless the applicant was practising respiratory therapy in a jurisdiction outside Ontario within that two-year period. O. Reg. 17/12, s. 1.
(4) Subject to section 59, the requirements referred to in paragraphs 1 and 2 of subsection (1) are non-exemptible. O. Reg. 17/12, s. 1.
Mobility — Graduate Certificate
59. (1) Where section 22.18 of the Health Professions Procedural Code applies to an applicant for a graduate certificate of registration, the requirements of subsections 58 (1) and (3) are deemed to have been met by the applicant. O. Reg. 17/12, s. 1.
(2) Despite subsection (1), it is a non-exemptible requirement that an applicant referred to in subsection (1) provide a certificate, letter or other evidence satisfactory to the Registrar or a panel of the Registration Committee that the applicant is in good standing as a respiratory therapist in every jurisdiction where the applicant holds an out-of-province certificate. O. Reg. 17/12, s. 1.
(3) Where an applicant referred to in subsection (1) is unable to satisfy the Registrar that the applicant practised the profession to the extent that would be permitted by a graduate certificate of registration at any time in the two years immediately before the date of that applicant’s application, that applicant must meet any further requirement to undertake, obtain or undergo material additional training, experience, examinations or assessments, if any, that may be specified by a panel of the Registration Committee. O. Reg. 17/12, s. 1.
(4) An applicant referred to in subsection (1) is deemed to have met the requirements of paragraph 5 of subsection 53 (1) where the requirements for the issuance of the applicant’s out-of-province certificate included language proficiency requirements equivalent to those required by that paragraph. O. Reg. 17/12, s. 1.
(5) Despite subsection (1), an applicant is not deemed to have met a requirement if that requirement is described in subsection 22.18 (3) of the Health Professions Procedural Code. O. Reg. 17/12, s. 1.
Conditions, Graduate Certificate of Registration
60. (1) In addition to the conditions set out in section 54, it is a condition of a graduate certificate of registration that the member shall,
(a) at the first reasonable opportunity, advise every employer of any terms, conditions and limitations that apply to the member’s graduate certificate of registration if their employment is in the field of respiratory therapy;
(b) subject to subsection 49 (2), only perform a controlled act that is authorized to the profession if it is performed under the general supervision of a member of a College within the meaning of the Regulated Health Professions Act, 1991 who, the member holding the graduate certificate has reasonable grounds to believe, is authorized to perform the controlled act and is competent to do so and who is available to be personally present at the site where the authorized act is performed on ten minutes notice; and
(c) not delegate a controlled act. O. Reg. 17/12, s. 1.
(2) A graduate certificate is deemed to have been revoked 18 months after its date of issue. O. Reg. 17/12, s. 1.
Limited Certificate of Registration
61. (1) A member who, on or before February 25, 1999, held a limited certificate of registration may continue to hold such a certificate, subject to such terms, conditions or limitations as may be specified on the certificate. O. Reg. 17/12, s. 1.
(2) A limited certificate of registration shall not be issued to a person other than a person referred to in subsection (1). O. Reg. 17/12, s. 1.
(3) A holder of a limited certificate who wishes to obtain registration in another class must satisfy the requirements for the certificate of the other class. O. Reg. 17/12, s. 1.
Inactive Certificate of Registration
62. (1) In addition to the requirements set out in section 53, an applicant for an inactive certificate of registration must meet the following requirements:
1. The applicant must be a member who holds a general or limited certificate of registration.
2. The applicant must notify the Registrar in writing of his or her intention to become an inactive member.
3. The applicant must pay any outstanding fees, including any annual fee owing for the current membership, penalty or other amount owed to the College. O. Reg. 17/12, s. 1.
(2) A member who holds an inactive certificate of registration may be reissued a general or limited certificate of registration, as the case may be, if the member,
(a) applies in writing to the Registrar for reinstatement;
(b) pays the annual fee in respect of the class of certificate of registration which is the subject of the application for reinstatement together with any other outstanding fee, penalty or other amount owed to the College; and
(c) satisfies a panel of the Registration Committee that he or she possesses the current knowledge, skill and judgment relating to the practice of the profession that would be expected of a member holding a certificate of registration of the type which is the subject of the application for reinstatement. O. Reg. 17/12, s. 1.
Conditions, Inactive Certificate of Registration
63. In addition to the conditions set out in section 54, it is a condition of an inactive certificate or registration that the member shall not,
(a) engage in providing direct patient care;
(b) use any title or designation listed in the Table to section 67;
(c) supervise the practice of the profession; or
(d) make any claim or representation to having any competence in the profession. O. Reg. 17/12, s. 1.
Resignation
64. A member may resign his or her membership by giving written notice to that effect to the Registrar and paying all outstanding fees, penalties or other amounts owed to the College. O. Reg. 17/12, s. 1.
Suspensions, Revocations, etc.
65. (1) If a member fails to provide information about the member in the manner and in the form as required under the by-laws, the Registrar may give the member notice of intention to suspend the member and may suspend the member’s certificate of registration for failure to provide the information 30 days after notice is given. O. Reg. 17/12, s. 1.
(2) Where the Registrar suspends a member’s certificate of registration under subsection (1), the Registrar shall lift the suspension upon being satisfied that the required information has been filed with the College and that any fee required for the lifting of the suspension has been paid. O. Reg. 17/12, s. 1.
(3) Where the Registrar suspends a member’s certificate of registration pursuant to section 24 of the Health Professions Procedural Code, the Registrar shall lift the suspension upon being satisfied that any fee required for the lifting of that suspension has been paid. O. Reg. 17/12, s. 1.
66. (1) The Registrar may revoke a member’s certificate of registration if, after giving the member written notice and an opportunity to respond the Registrar is of the opinion that the member made, by commission or omission, a false or misleading representation or declaration on or in connection with their application. O. Reg. 17/12, s. 1.
(2) The Registrar shall revoke a member’s certificate of registration if the member’s certificate of registration was suspended under subsection 65 (1) or under section 24 of the Health Professions Procedural Code and that suspension has not been lifted under subsection 65 (2) or (3) by the last day of the College fiscal year in which the suspension was imposed. O. Reg. 17/12, s. 1.
Titles
67. A member who holds a certificate of registration listed in Column 1 of the Table to this section,
(a) may use a title listed in Column 2 or 3 opposite the certificate of registration; and
(b) shall use the designation listed in Column 4 opposite the certificate of registration. O. Reg. 17/12, s. 1.
TABLE
Column 1 |
Column 2 |
Column 3 |
Column 4 |
Certificate of Registration |
English Title |
French Title |
Designation |
General |
Registered Respiratory Therapist; or Respiratory Therapist |
Thérapeute Respiratoire Autorisé(e); or Thérapeute Respiratoire |
RRT |
Graduate |
Graduate Respiratory Therapist |
Thérapeute Respiratoire Diplômé(e) |
GRT |
Limited |
Practical Respiratory Therapist |
Thérapeute Respiratoire Auxiliaire |
PRT |
O. Reg. 17/12, s. 1.