O. Reg. 532/98: GENERAL

Physiotherapy Act, 1991
Loi de 1991 sur les physiothérapeutes

ONTARIO REGULATION 532/98

GENERAL

Historical version for the period December 15, 2011 to November 18, 2012.

Last amendment: O. Reg. 390/11.

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.

PART III
REGISTRATION

Definitions

11. In this Part,

“degree in physiotherapy” means,

(a) a minimum of a baccalaureate degree in a physiotherapy education program at a Canadian university approved by a body or bodies designated by the Council, or by the Council itself,

(b) an academic qualification from outside Canada that is considered by a body or bodies designated by the Council, or by the Council itself, to be substantially similar to the qualification in clause (a);

“examination” means an examination set or approved by the Council. O. Reg. 68/06, s. 1.

General

12. The following are prescribed as classes of certificates of registration:

1. Independent practice.

2. Provisional practice.

3. Courtesy.

4., 5. Revoked: O. Reg. 390/11, s. 1.

O. Reg. 68/06, s. 1; O. Reg. 390/11, s. 1.

13. A person may apply for the issue of a certificate of registration by submitting to the College a completed application for the class of certificate for which application is made together with any applicable fees. O. Reg. 68/06, s. 1.

14. A certificate of registration shall not be dated earlier than the day it was issued. O. Reg. 68/06, s. 1.

15. A member shall not hold more than one certificate of registration. O. Reg. 68/06, s. 1.

16. (1) It is a non-exemptible registration requirement for all classes of certificates of registration that the applicant’s past and present conduct affords reasonable grounds for belief that he or she,

(a) is mentally competent to practise physiotherapy;

(b) will practise physiotherapy with decency, integrity and honesty and in accordance with the law; and

(c) can communicate effectively with, and will display an appropriate attitude towards, patients and colleagues. O. Reg. 68/06, s. 1.

(2) The following are the standards and qualifications for a certificate of registration of any class except a courtesy certificate of registration:

1. The applicant must have Canadian citizenship, permanent resident status or an authorization under the Immigration and Refugee Protection Act (Canada) consistent with the class of certificate for which application is made.

2. The applicant must be able to speak and write either French or English with reasonable fluency. O. Reg. 68/06, s. 1; O. Reg. 390/11, s. 2 (1).

(3) It is a term, condition and limitation of a certificate of registration of any class that the certificate terminates when the holder no longer has Canadian citizenship, permanent resident status or an authorization under the Immigration and Refugee Protection Act (Canada) consistent with the class of certificate. O. Reg. 68/06, s. 1.

(4) It is a term, condition and limitation of a certificate of registration authorizing independent practice that the holder must successfully complete the College Jurisprudence Program at the first opportunity provided by the College following either initial registration or reinstatement of registration and thereafter once every five-year cycle of the Program as scheduled by the Registrar. O. Reg. 390/11, s. 2 (2).

(5) For the purpose of subsection (4), the College Jurisprudence Program includes an assessment of the holder’s knowledge of and ability to apply jurisprudence concepts relevant to the practice of physiotherapy in Ontario. O. Reg. 68/06, s. 1.

17. It is a non-exemptible registration requirement for all certificates of registration that the applicant demonstrates that he or she holds professional liability insurance in accordance with the College by-laws. O. Reg. 390/11, s. 3.

18. Despite any other provision in this Regulation, an applicant who by commission or omission makes a false or misleading representation or declaration on or in connection with an application shall be deemed not to have, and not to have had, the qualifications for a certificate of any class. O. Reg. 68/06, s. 1.

Independent Practice

19. (1) The following are the standards and qualifications for a certificate of registration authorizing independent practice:

1. The applicant must have received a degree in physiotherapy.

2. The applicant must have successfully completed the examination. O. Reg. 68/06, s. 1.

(2) An applicant for a certificate of registration authorizing independent practice who was, on December 31, 1993, qualified as a physiotherapist under a statute in a Canadian jurisdiction outside Ontario and is included on a permanent register in that jurisdiction is exempted from the standards and qualifications under subsection (1). O. Reg. 68/06, s. 1.

(3) An applicant for a certificate of registration authorizing independent practice who was, on December 30, 1993, qualified as a physiotherapist in Ontario under the Drugless Practitioners Act is exempted from the standards and qualifications under subsection (1). O. Reg. 68/06, s. 1.

(4) An applicant for a certificate of registration authorizing independent practice shall satisfy the Registrar that he or she has practised physiotherapy for at least 1,200 hours in the five years immediately preceding the application if the applicant,

(a) is not exempted from the standards and qualifications under subsection (1) and has not successfully completed the examination within the five years immediately preceding the application; or

(b) is exempted from the standards and qualifications under subsection (1). O. Reg. 68/06, s. 1.

20. (1) Where section 22.18 of the Code applies to an applicant, the requirements of subsections 19 (1) and (4) are deemed to have been met by the applicant. O. Reg. 390/11, s. 4.

(2) Despite subsection (1) it is a non-exemptible registration 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 establishing that the applicant is in good standing as a physiotherapist in every jurisdiction where the applicant holds an out-of-province certificate. O. Reg. 390/11, s. 4.

(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 certificate of registration authorizing independent practice at any time in the five years immediately before the date of that applicant’s application, the applicant must meet any further requirement to undertake, obtain or undergo material additional training, experience, examinations or assessments that may be specified by a panel of the Registration Committee. O. Reg. 390/11, s. 4.

(4) An applicant referred to in subsection (1) is deemed to have met the requirements of paragraph 2 of subsection 16 (2) 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. 390/11, s. 4.

(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 Code. O. Reg. 390/11, s. 4.

21. (1) Subject to subsections (6), (8) and (9), it is a term, condition and limitation of a certificate of registration authorizing independent practice that, five years after the date of initial registration, and every year after that, the holder satisfy the Registrar that he or she,

(a) has practised physiotherapy for at least 1,200 hours in the preceding five years;

(b) has successfully completed the College Review Program within the previous 12 months at the holder’s expense; or

(c) has successfully completed the examination within the previous 12 months. O. Reg. 68/06, s. 1; O. Reg. 390/11, s. 5 (1).

(2) For the purpose of clause (1) (b), the College Review Program shall consist of an assessment of the holder’s current knowledge, skill, judgment and performance and may include an individualized upgrading program based upon the results of the assessment or a reassessment upon the completion of the program. O. Reg. 68/06, s. 1.

(3) If a holder of a certificate of registration authorizing independent practice fails to satisfy the condition in subsection (1), his or her certificate of registration is suspended until the condition is satisfied except if the holder concludes a written agreement approved by the Registrar. O. Reg. 68/06, s. 1.

(4) If a holder of a certificate of registration authorizing independent practice ceases or fails to hold professional liability insurance in accordance with the College by-laws, his or her certificate of registration is deemed to be suspended until the Registrar is satisfied that he or she has acquired the professional liability insurance. O. Reg. 68/06, s. 1; O. Reg. 390/11, s. 5 (2).

(5) A person who held a certificate of registration authorizing academic practice or an inactive status certificate of registration on December 14, 2011 shall be issued a certificate of registration authorizing independent practice. O. Reg. 390/11, s. 5 (3).

(6) A certificate of registration authorizing independent practice issued under subsection (5) is subject to the same terms, conditions and limitations that applied to the class of the member’s previous certificate of registration authorizing academic practice or inactive status certificate of registration, as the case may be, until the member satisfies the Registrar that he or she is in compliance with the terms, conditions and limitations specified in subsection (1). O. Reg. 390/11, s. 5 (3).

(7) For greater certainty, nothing in subsection (6) affects the expiry of any term, condition or limitation that was imposed on the member’s previous certificate of registration authorizing academic practice or inactive status certificate of registration, as the case may be, by the Registrar pursuant to,

(a) an order of Council or Executive Committee or a panel of the Registration Committee, Discipline Committee or Fitness to Practice Committee;

(b) a direction of the Quality Assurance Committee; or

(c) the approval of a panel of the Registration Committee. O. Reg. 390/11, s. 5 (3).

(8) A member referred to in subsection (5) who held a certificate of registration authorizing academic practice on December 14, 2011 must comply with the terms, conditions and limitations specified in subsection (1) within six months of being issued a certificate of registration authorizing independent practice under subsection (5). O. Reg. 390/11, s. 5 (3).

(9) A member referred to in subsection (5) who held an inactive status certificate of registration on December 14, 2011 must comply with the terms, conditions and limitations specified in subsection (1) within three years of being issued a certificate of registration authorizing independent practice under subsection (5), and if he or she does not do so, his or her certificate of registration authorizing independent practice is deemed to have expired on the date that is three years immediately after the date of issuance. O. Reg. 390/11, s. 5 (3).

22. Revoked: O. Reg. 390/11, s. 6.

Provisional Practice

23. (1) The following are the standards and qualifications for a certificate of registration authorizing provisional practice:

1. The applicant must have received a degree in physiotherapy.

2. The applicant must have successfully completed the written component of the examination.

3. The applicant must have registered to take the practical component of the examination at the next available opportunity after the application. O. Reg. 68/06, s. 1.

(2) The following are the terms, conditions and limitations of a certificate of registration authorizing provisional practice:

1. The holder may practise physiotherapy only under the terms of a written agreement with a member holding a certificate of registration authorizing independent practice who monitors him or her in accordance with the written agreement. For the purposes of this paragraph, both the written agreement and the member must be approved by the Registrar.

2. The holder shall hold himself or herself out only as a physiotherapy resident.

3. If the member in paragraph 1 is unable to maintain the terms of the agreement due to resignation, illness or other circumstances, the provisional practice certificate of the holder is suspended until a new written agreement with the same or different member is approved by the Registrar.

4. The certificate expires on the earlier of the date that the holder receives notification that he or she has failed the practical component of the examination or 12 weeks after the date that the holder is registered to take the practical component of the examination. O. Reg. 68/06, s. 1.

(3) If a holder of a certificate of registration authorizing provisional practice ceases or fails to hold professional liability insurance in accordance with the College by-laws, his or her certificate of registration is deemed to be suspended until the Registrar is satisfied that he or she has acquired the professional liability insurance. O. Reg. 68/06, s. 1; O. Reg. 390/11, s. 7.

(4) A person who has failed the practical component of the examination is not entitled to apply for a certificate of registration authorizing provisional practice. O. Reg. 68/06, s. 1.

(5) A person who previously obtained a certificate of registration authorizing provisional practice is not entitled to apply for another one unless the person did not fail the practical component of the examination but was unable to complete it successfully because of illness or some other reason beyond the control of the person. O. Reg. 68/06, s. 1.

(6) A person who previously obtained what was formerly known as a certificate of registration authorizing supervised practice is not entitled to apply for a certificate of registration authorizing provisional practice unless the person did not fail the practical component of the examination but was unable to complete it successfully because of illness or some other reason beyond the control of the person. O. Reg. 68/06, s. 1.

(7) If the Registrar receives concerns relating to the member’s knowledge, skills or judgement in the practice of physiotherapy during the period that the member held a certificate of registration authorizing provisional practice, the Registrar may refer the member to the Quality Management Committee. O. Reg. 68/06, s. 1.

Courtesy

24. (1) The following are the standards and qualifications for a courtesy certificate of registration:

1. The applicant must have received a degree in physiotherapy, unless the applicant, if applying for a certificate of registration authorizing independent practice, would be exempt from meeting the requirement of paragraph 1 of subsection 19 (1) by virtue of subsection 19 (2) or (3).

2. The applicant must be registered to practise as a physiotherapist by an authority responsible for the regulation of physiotherapists in a jurisdiction outside Ontario that is approved by the Registration Committee as having a scheme for the regulation of physiotherapists that is reasonably equivalent to that in Ontario.

3. The applicant must have practised physiotherapy for at least 1,200 hours in the preceding five years.

4. The applicant must certify that he or she is making the application solely for reason of,

i. teaching an educational course,

ii. participating in an educational program,

iii. participating in research activities, or

iv. participating in a specific event of limited duration. O. Reg. 390/11, s. 8.

(2) The following are the terms, conditions and limitations of a courtesy certificate of registration:

1. The holder may practise physiotherapy only for the purpose that he or she certified under paragraph 4 of subsection (1) as the reason for making the application for the courtesy certificate of registration.

2. The certificate expires 30 days after the date of initial registration, on the date on which the purpose referenced in paragraph 1 is attained or when the member is no longer engaged in attaining that purpose, whichever is the earliest. O. Reg. 390/11, s. 8.

(3) If a holder of a courtesy certificate of registration ceases or fails to hold professional liability insurance in accordance with the College by-laws, his or her certificate of registration is deemed to be suspended until the Registrar is satisfied that he or she has acquired the professional liability insurance. O. Reg. 390/11, s. 8.

Transitional, Teaching Practice Certificate

25. Where, immediately before December 15, 2011, a member held a certificate of registration authorizing teaching practice, the certificate continues, subject to the same terms, conditions and limitations it was subject to when issued, until it expires in accordance with section 25 of this Regulation as it read before that date. O. Reg. 390/11, s. 8.

26. Revoked: O. Reg. 390/11, s. 8.