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Physiotherapy Act, 1991
Loi de 1991 sur les physiothérapeutes

ONTARIO REGULATION 532/98

Amended to O. Reg. 611/99

GENERAL

Historical version for the period December 17, 1999 to March 5, 2006.

This Regulation is made in English only.

PART I
QUALITY ASSURANCE

General

1. In this Regulation,

“assessor” means an assessor appointed under section 81 of the Health Professions Procedural Code;

“Committee” means the Quality Assurance Committee, otherwise known as the Quality Management Committee; and

“enhancement program” means an education program, whether delivered by lecture, mentoring, self-study with examination or other similar means, designed to improve a member’s knowledge, skills or judgment as exhibited through clinical performance. O. Reg. 532/98, s. 1.

2. (1) The Committee shall administer the quality assurance program, which shall include the following components:

1. Professional portfolio and collection, analysis and dissemination of information.

2. Practice assessment and enhancement.

3. Remediation of behaviour and remarks of a sexual nature by a member towards a patient. O. Reg. 532/98, s. 2 (1).

(2) Every member shall comply with the requirements of the quality assurance program. O. Reg. 532/98, s. 2 (2).

Professional Portfolio and Information Collection, Analysis and Dissemination

3. (1) Every member shall complete a self-assessment document when issued by the Committee, keep it up-to-date and, on request, submit it to the Committee or an assessor. O. Reg. 532/98, s. 3 (1).

(2) Every member shall maintain a professional portfolio containing the self-assessment documents completed for the previous five years and a record of continuing quality improvement activities, and submit the portfolio to the Committee or an assessor on request. O. Reg. 532/98, s. 3 (2).

(3) The Committee may appoint an assessor or assessors to assess the documents and records in the member’s portfolio. O. Reg. 532/98, s. 3 (3).

(4) The assessor shall only prepare a report on the assessment for submission to the Committee if he or she has concerns with respect to the documents and records in the member’s portfolio. O. Reg. 532/98, s. 3 (4).

(5) On the basis of the report, the Committee may require a member to participate in an enhancement program if it is satisfied that the member has failed to comply with any of the requirements of this section or that the documents and records in the member’s portfolio are insufficient to provide reasonable assurance that the member’s knowledge, skills and judgment are satisfactory. O. Reg. 532/98, s. 3 (5).

(6) The Committee may, subject to section 7, direct the Registrar to impose terms, condition or limitations on a member’s certificate of registration for a specified period not exceeding six months if the member has failed to participate in or successfully complete an enhancement program required under subsection (5). O. Reg. 532/98, s. 3 (6).

4. (1) The Committee shall systematically collect and analyze information about the nature and quality of the practice of physiotherapy, including the training and education of members, from members, their educators, employers, partners, associates, and patients, from the public at large and from the College. O. Reg. 532/98, s. 4 (1).

(2) If the Committee believes it would be beneficial to the quality of the practice of physiotherapy to disseminate the results of the collection and analysis of information, it shall do so in such manner as it considers appropriate, including the publishing of articles. O. Reg. 532/98, s. 4 (2).

(3) The Committee may also use the results of the collection and analysis of information for the purpose of,

(a) proposing written standards of practice or clinical practice guidelines to the Council;

(b) recognizing or certifying enhancement programs for members; or

(c) making recommendations with respect to changes to the professional portfolio program. O. Reg. 532/98, s. 4 (3).

Practice Assessment and Enhancement

5. (1) Each year the College shall select at random the names of members required to undergo a practice assessment. O. Reg. 532/98, s. 5 (1).

(2) A member is required to undergo a practice assessment to assess the member’s knowledge, skill and judgment as exhibited through clinical performance,

(a) if his or her name is selected at random;

(b) the member is referred to the Committee by the Registrar, the Complaints Committee, Discipline Committee or Executive Committee, or the Board; or

(c) if the member has not complied with the requirements of the professional portfolio program. O. Reg. 532/98, s. 5 (2).

(3) The assessment may include,

(a) inspecting and reviewing the member’s premises, records and portfolio;

(b) interviewing the member and his or her staff;

(c) requiring the member to answer, orally or in writing, questions that relate to the member’s type of practice; and

(d) requiring the member to examine simulations that relate to the member’s type of practice. O. Reg. 532/98, s. 5 (3).

(4) The Committee shall appoint an assessor to carry out the practice assessment but the assessor may obtain any assistance he or she considers appropriate in carrying out the assessment. O. Reg. 532/98, s. 5 (4).

(5) The assessor shall prepare a report on the assessment and submit it to the Committee, with a copy to the member. O. Reg. 532/98, s. 5 (5).

(6) After considering the report, the Committee may decide not to take further action or,

(a) to give the member an opportunity to enhance his or her knowledge, skills or judgment as exhibited through clinical performance as specified by the Committee;

(b) to require the member to participate in an enhancement program specified by the Committee if the Committee finds the member’s knowledge, skills or judgment to be unsatisfactory; or

(c) subject to section 7, to direct the Registrar to impose terms, conditions or limitations on the member’s certificate of registration for a specified period not exceeding six months if the Committee finds the member’s knowledge, skills or judgment to be unsatisfactory and that requiring the member to participate in an enhancement program under clause (b) will not adequately address the concerns raised by the report. O. Reg. 532/98, s. 5 (6).

(7) Where the Committee decides to take action under clause (6) (a), (b) or (c), it may appoint, at the same time or at a later time, an assessor to conduct a follow-up assessment within a reasonable time to determine whether the member’s knowledge, skills or judgment as exhibited through clinical performance are now satisfactory, and subsections (3) to (6) apply to a follow-up assessment. O. Reg. 532/98, s. 5 (7).

6. (1) If the Committee requires a member to participate in an enhancement program and the member either fails to do so or fails to successfully complete the program, the Committee may, subject to section 7, direct the Registrar to impose terms, conditions or limitations on a member’s certificate of registration for a specified period not exceeding six months. O. Reg. 532/98, s. 6 (1).

(2) The Committee may direct the Registrar to impose terms, conditions or limitations on a member’s certificate of registration no more than twice with respect to any one assessment. O. Reg. 532/98, s. 6 (2).

(3) If the Registrar imposes terms, conditions or limitations on a member’s certificate of registration under subsection 3 (6), clause 5(6)(c) or subsection (1), the Committee may direct the Registrar to remove them before the end of the specified period if the Committee is satisfied that the member’s knowledge, skills or judgment as exhibited through clinical performance are now satisfactory. O. Reg. 532/98, s. 6 (3).

Procedural Safeguards

7. If the Committee intends to take action under subsection 3 (6), clause 5 (6) (c) or subsection 6 (1), the member shall be given written notice of the Committee’s intention and at least 15 days to make written submissions to the Committee, and any such submissions shall be taken into account by the Committee. O. Reg. 532/98, s. 7.

Remediation of Behaviour and Remarks of a Sexual Nature

8. (1) This section applies to matters referred to the Committee by,

(a) a panel of the Complaints Committee under subsection 26 (3) of the Health Professions Procedural Code; and

(b) the Executive Committee, Complaints Committee or Board under section 79.1 of the Health Professions Procedural Code. O. Reg. 532/98, s. 8 (1).

(2) The Committee may require a member to undergo a psychological assessment or another assessment specified by the Committee if a matter respecting the member is referred as provided in subsection (1). O. Reg. 532/98, s. 8 (2).

(3) After receiving the report of an assessment under subsection (2), the Committee may require the member to undertake specified measures, such as education, therapy or counselling, if,

(a) the Committee is of the opinion that the measures will help the member to refrain from such behaviour or remarks; and

(b) the member has been given written notice of the Committee’s intention to require the member to undertake measures, a written summary of the concerns of the Committee and at least 15 days to make written submissions to the Committee, and any such submissions shall be taken into account by the Committee. O. Reg. 532/98, s. 8 (3).

(4) If the member refuses to undergo an assessment under subsection (2) or to undertake measures specified by the Committee under subsection (3), or fails to complete those measures, the Committee may direct the Registrar to impose terms, conditions or limitations on the member’s certificate of registration for a specified period not exceeding six months. O. Reg. 532/98, s. 8 (4).

(5) The Committee shall not give a direction under subsection (4) unless the member has been given written notice of the Committee’s intention to do so and at least 15 days to make written submissions to the Committee, and any such submissions shall be taken into account by the Committee. O. Reg. 532/98, s. 8 (5).

(6) If the Registrar imposes terms, conditions or limitations on a member’s certificate of registration under subsection (4), the Committee may direct the Registrar to remove them before the end of the specified period if the Committee is satisfied that they are no longer needed. O. Reg. 532/98, s. 8 (6).

PART II
FUNDING FOR THERAPY AND COUNSELLING

9. In this Part,

“member” includes a former member. O. Reg. 611/99, s. 2.

10. (1) The alternate requirements that must be satisfied in order for a person to be eligible for funding under clause 85.7 (4) (b) of the Health Professions Procedural Code are prescribed in this section. O. Reg. 611/99, s. 2.

(2) A person is eligible for funding for therapy or counselling if,

(a) there is a statement, contained in the written reasons of a committee of the College given after a hearing, that the person, while a patient, was sexually abused by the member;

(b) a member has been found guilty under the Criminal Code (Canada) of sexually assaulting the person while the person was a patient of the member;

(c) there is sufficient evidence presented to the Patient Relations Committee to support the reasonable belief that the person, while a patient, was sexually abused by a member and,

(i) the member has died or cannot be located, or

(ii) the member has been found by the Fitness to Practise Committee to be incapacitated and the Fitness to Practise Committee has directed the Registrar to suspend or revoke the member’s certificate of registration;

(d) an allegation that the person, while a patient, was sexually abused by the member results in an informal resolution with the member that contemplates funding for therapy or counselling;

(e) there is an admission made by a member in a statement to the College or in an agreement with the College that he or she sexually abused the person while the person was a patient of the member; or

(f) there is a finding made by a panel of the Discipline Committee on or after December 31, 1993, that the person was sexually abused by a member before December 31, 1993, while the person was a patient of the member. O. Reg. 611/99, s. 2.

(3) Subject to subsection (4), a person who was allegedly sexually abused by a member outside Ontario is eligible for funding for therapy or counselling under subsection (2) only if, at the time the alleged abuse occurred, the person was a patient of the member and the member was practising in Ontario. O. Reg. 611/99, s. 2.

(4) Despite subsection (3), a person who was allegedly sexually abused by a member outside Ontario is not eligible for funding under subsection (2) if the person resides outside Ontario and regularly receives services from a member outside Ontario. O. Reg. 611/99, s. 2.

(5) Despite subsection (2), a person is eligible for funding for therapy or counselling under this Part only if,

(a) the person submits an application for funding to the Patient Relations Committee in the form provided by the College and, in the application, the person names the member who is alleged to have sexually abused the applicant;

(b) the person submits to the Patient Relations Committee along with the application a written undertaking by the applicant to keep confidential all information obtained through the application for funding process, including the fact that funding has been granted and the reasons given by the Committee for granting the funding; and

(c) the person adheres to the procedures followed by the Patient Relations Committee when determining whether the person has satisfied the requirements for eligibility for funding. O. Reg. 611/99, s. 2.

(6) A decision by the Patient Relations Committee that a person is eligible for funding for therapy or counselling does not constitute a finding against the member and shall not be considered by any other committee of the College dealing with the member. O. Reg. 611/99, s. 2.