O. Reg. 68/06: GENERAL

 

ontario regulation 68/06

made under the

physiotherapy act, 1991

Made: January 4, 2006
Approved: March 1, 2006
Filed: March 6, 2006
Published on e-Laws: March 8, 2006
Printed in The Ontario Gazette: March 25, 2006

Amending O. Reg. 532/98

(General)

1. Ontario Regulation 532/98 is amended by adding the following Part:

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.

General

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

1. Independent practice.

2. Provisional practice.

3. Academic practice.

4. Teaching practice.

5. Inactive status.

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. 

14. A certificate of registration shall not be dated earlier than the day it was issued.

15. A member shall not hold more than one certificate of registration.

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.

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

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. 

(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.

(4) Holders of an independent or academic practice certificate of registration are required to successfully complete the College Jurisprudence Program within six months of initial registration, reinstatement of registration, or March 6, 2006, whichever is later, and thereafter once every five-year cycle of the Program as scheduled by the Registrar.

(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.

17. It is a non-exemptible registration requirement for certificates of registration of independent practice, provisional practice and academic practice that the applicant demonstrates that he or she holds professional liability insurance in accordance with the College by-laws.

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.

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.

(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).

(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).

(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).

20. (1) In this section,

“applicant” means a person who holds an unrestricted practice certificate in a Canadian jurisdiction outside Ontario that the Council determines to have standards and qualifications substantially similar to those in Ontario and who does not qualify for a certificate of registration authorizing independent practice under section 19;

“unrestricted practice certificate” means a licence or certificate of registration without any individual terms, conditions or limitations that is substantially similar to an Ontario certificate of registration authorizing independent practice.

(2) The following are the standards and qualifications for a certificate of registration authorizing independent practice for an applicant under this section:

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

2. At the date of application, the applicant must have practiced physiotherapy for at least 1,200 hours in the previous five years, or practiced physiotherapy within the previous three years in a Canadian jurisdiction that has a continuing competency program that the Council has determined is substantially similar to that used by the College.

(3) For the purpose of paragraph 2 of subsection (2), a continuing competency program in a Canadian jurisdiction outside of Ontario is substantially similar to that used by the College where it includes both a competency assessment component and a component that assists registrants with identified deficiencies to meet practice standards.

(4) An applicant under this section must satisfy one of the following:

1. Successful completion of the examination.

2. Demonstrate integration of practice competency through completion of a minimum of 3,200 hours of clinical physiotherapy practice in Canada within a 24 to 36 month period.

3. Be a graduate from a Canadian physiotherapy degree program in a jurisdiction where the statutory framework provides terms and conditions of cooperation between the physiotherapy regulator and the authorities of the university programs in the jurisdiction, and demonstrate integration of practice competency through clinical physiotherapy practice in the jurisdiction where the physiotherapy degree program is located in the two years immediately preceding the application.

(5) An applicant under this section who submits an application on or before December 31, 2008, and satisfies all the requirements for registration in this section except for paragraph 2 of subsection (2) shall be granted a certificate of registration authorizing independent practice if he or she has accumulated between one and 1,199 practice hours in the five years immediately preceding the application.

21. (1) It is a term, condition and limitation of a certificate of registration authorizing independent practice that, five years after the date of its issue, 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.

(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.

(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.

(4) If a holder of a certificate of registration authorizing independent practice ceases 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.

22. A person who, on December 31, 1993, was registered as a physiotherapist in Ontario under the predecessor of the Act is deemed to be the holder of a certificate of registration authorizing independent practice.

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.

(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.

(3) If a holder of a certificate of registration authorizing provisional practice ceases 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.

(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.

(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.

(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.

(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.

Academic Practice

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

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

2. The applicant must have an appointment to the academic staff of a university in Ontario in a program of physiotherapy or physical therapy.

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

1. The holder may practise physiotherapy only in the department in which he or she holds the professorial appointment and to the extent required by the teaching, research and service requirements of that appointment.

2. The certificate terminates when the holder no longer holds an appointment in accordance with paragraph 2 of subsection (1).

(3) If a holder of a certificate of registration authorizing academic practice ceases 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.

Teaching Practice

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

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

2. The applicant is qualified to practise as a physiotherapist in a jurisdiction outside Ontario.

3. The applicant holds an appointment to teach a brief continuing education program in physiotherapy primarily for the benefit of members holding a certificate of registration authorizing independent practice.

4. A member holding a certificate of registration authorizing independent practice has given an undertaking to supervise the applicant and be responsible for ensuring the provision of appropriate care for patients attended by the applicant in Ontario.

(2) It is a term, condition and limitation of a certificate of registration authorizing teaching practice that the holder practise physiotherapy only to the extent required for the purposes of the brief continuing education program taught by the holder and under the supervision of the member who gave the undertaking in paragraph 4 of subsection (1).

(3) A certificate of registration authorizing teaching practice expires at the earliest of the following:

1. At the end of the continuing education program.

2. The day the holder leaves Ontario.

3. Ten days after the certificate is issued.

Inactive Status

26. (1) The following are the standards and qualifications for an inactive certificate of registration:

1. The applicant must hold a certificate of registration authorizing independent practice.

2. The applicant is not currently engaged, in Ontario, in employment or other activities related to his or her credentials or experience in physiotherapy including but not limited to clinical practice, health care consultation, health administration, academic endeavours (such as teaching and research) and sales of health goods or services.

3. The applicant is not in default of any obligation to the College.

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

1. The holder shall not engage, in Ontario, in employment or other activities related to his or her credentials or experience in physiotherapy including clinical practice, health care consultation, health administration, academic endeavours (such as teaching or research) and sales of health goods or services.

2. The holder may use only the titles “physiotherapist inactive” or “physical therapist inactive”.

(3) The holder of an inactive certificate of registration may, upon application, be issued a certificate of registration authorizing independent practice if he or she fulfils the following requirements:

1. The holder submits a completed application in the form provided by the Registrar.

2. The holder pays the membership fee for a certificate of registration authorizing independent practice.

3. The holder is not in default of any obligation to the College.

4. The holder has met the terms, conditions and limitations set out in subsection 21 (1).

Made by:

Council of the College of Physiotherapists of Ontario:

J. Robinson

Registrar

J. Schleifer Taylor

President

Date made: January 4, 2006.