Newfoundland and Labrador Gazette, Part II — 30 April 2013 (Extraordinary Issue) — Regulations NLR 45/13, NLR 46/13, NLR 47/13

NLG 2013-04-30

Newfoundland and Labrador — Gazette

THE NEWFOUNDLAND AND LABRADOR GAZETTE EXTRAORDINARY

Part II PUBLISHED BY AUTHORITY ST. JOHN'S, TUESDAY, APRIL 30, 2013 NEWFOUNDLAND AND LABRADOR REGULATIONS NLR 45/13 NLR 46/13 NLR 47/13

Extraordinary Gazette April 30, 2013 3 NEWFOUNDLAND AND LABRADOR REGULATION 45/13 Proclamation bringing Act into force (with respect to Audiologists and Speech-Language Pathologists) (In force April 30, 2013) under the Health Professions Act (O.C. 2013-110) (Filed April 30, 2013) ELIZABETH THE SECOND, by the Grace of God of the United Kingdom, Canada and Her Other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith. FRANK F. FAGAN Lieutenant Governor PAUL NOBLE Deputy Attorney General TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETING; A PROCLAMATION

WHEREAS in and by

section 60 of “An Act Respecting The Regulation of Certain Health Professions , “SNL2010

CHAPTER H-1.02 (the “Act”) it is provided that the Act shall come into force on a date to be fixed by Proclamation of Our Lieutenant Governor in Council, and it is further provided that the Act may come into force for one or more health professions listed in the Schedule; AND

WHEREAS it is deemed expedient that the Act shall now come into force for the health professions of Audiologists and Speech Lan- guage Pathologists; NOW KNOW YE, THAT WE, by and with the advice of Our Execu- tive Council of Our Province of Newfoundland and Labrador, do by this our Proclamation declare and direct that “

An Act Respecting The Regulation of Certain Health Professions ,” SNL2010

CHAPTER H- 1.02 shall come into force for the health professions of Audiologists and Speech-Language Pathologists on April 30, 2013.

Proclamation bringing Act into force (with respect to Audiologists and Speech-Language Pathologists) (In force April 30, 2013) 45/13 Extraordinary Gazette April 30, 2013 4 OF ALL WHICH OUR LOVING SUBJECTS AND ALL OTHERS whom these Presents may concern are hereby required to take notice and to govern themselves accordingly. IN TESTIMONY WHEREOF WE have caused these Our Letters to be made Patent and the Great Seal of Newfoundland and Labrador to be hereunto affixed. WITNESS: Our trusty and well-beloved the Honourable Frank F.

Fagan, Member of the Order of Canada, Chancellor of the Order of Newfoundland and Labrador, Lieutenant Governor in and for Our Province of Newfoundland and Labrador. AT OUR GOVERNMENT HOUSE in Our City of St. John's this 29th day of April, in the year of Our Lord two thousand and thirteen in the sixty-second year of Our Reign. BY COMMAND, KEVIN O’BRIEN Registrar General

Extraordinary Gazette April 30, 2013 5 NEWFOUNDLAND AND LABRADOR REGULATION 46/13 Proclamation bringing Act into force (with respect to Dental Hygienists) (In force June 1, 2013) under the Health Professions Act (O.C. 2013-110) (Filed April 30, 2013) ELIZABETH THE SECOND, by the Grace of God of the United Kingdom, Canada and Her Other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith. FRANK F. FAGAN Lieutenant Governor PAUL NOBLE Deputy Attorney General TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETING; A PROCLAMATION

WHEREAS in and by

section 60 of “An Act Respecting The Regulation of Certain Health Professions , “SNL2010

CHAPTER H-1.02 (the “Act”) it is provided that the Act shall come into force on a date to be fixed by Proclamation of Our Lieutenant Governor in Council, and it is further provided that the Act may come into force for one or more health professions listed in the Schedule; AND

WHEREAS it is deemed expedient that the Act shall now come into force for the health profession of Dental Hygienists; NOW KNOW YE, THAT WE, by and with the advice of Our Execu- tive Council of Our Province of Newfoundland and Labrador, do by this our Proclamation declare and direct that “

An Act Respecting The Regulation of Certain Health Professions ,” SNL2010

CHAPTER H- 1.02 shall come into force for the health profession of Dental Hygien- ists on June 1, 2013.

Proclamation bringing Act into force (with respect to Dental Hygienists) (In force April 30, 2013) 46/13 Extraordinary Gazette April 30, 2013 6 OF ALL WHICH OUR LOVING SUBJECTS AND ALL OTHERS whom these Presents may concern are hereby required to take notice and to govern themselves accordingly. IN TESTIMONY WHEREOF WE have caused these Our Letters to be made Patent and the Great Seal of Newfoundland and Labrador to be hereunto affixed. WITNESS: Our trusty and well-beloved the Honourable Frank F.

Fagan, Member of the Order of Canada, Chancellor of the Order of Newfoundland and Labrador, Lieutenant Governor in and for Our Province of Newfoundland and Labrador. AT OUR GOVERNMENT HOUSE in Our City of St. John's this 29th day of April, in the year of Our Lord two thousand and thirteen in the sixty-second year of Our Reign. BY COMMAND, KEVIN O’BRIEN Registrar General

Extraordinary Gazette April 30, 2013 7 NEWFOUNDLAND AND LABRADOR REGULATION 47/13 Audiologists and Speech-Language Pathologists Regulations under the Health Professions Act (Filed April 30, 2013) Under the authority of

section 53 of the Health Professions Act, the Newfoundland and Labrador Counc il of Health Professionals, with the approval of the Minister of Health and Community Services, makes the following regulations. Dated at St. John’s, April 30, 2013. Leona Lewis Co-Chairperson of the Council John Crellin Co-Chairperson of the Council Susan Sullivan Minister of Health and Community Services

Audiologists and Speech-Language Pathologists Regulations 47/13 Extraordinary Gazette April 30, 2013 8 REGULATIONS Analysis 1.

Short title 2.

Definitions 3. Members register 4. Requirements for registra- tion 5. General status 6. General temporary status 7. Non-practicing status 8. Conditions and restrictions 9. Continuing education 10. Registration renewal 11. Renewal requirements 12. Failure to renew registration 13. Registration after expiry 14. Designated titles - audiolo- gist 15. Designated titles - speech language pathologist 16. Notification of changes 17. Commencement 1. These regulations may be cited as the Audiologists and Speech- Language Pathologists Regulations. 2.

In these regulations, (a) "applicant" means a person who applies to the registration committee for registration as an audiologist or speech- language pathologist; (b) "audiologist" means a person who practices audiology and is registered under these regulations; (c) "audiology" means the practice of identifying, assessing, diagnosing and treating individuals with peripheral or central hearing loss, tinnitus and balance disorders; (d) "college" means the College of Audiologists and Speech- Language Pathologists - Newfoundland and Labrador estab- lished under the Act; (e) "continuing education" means a continuing education pro- gram developed by the college under paragraph 29(3)(

b) of the Act; (f) "general status" means the st atus of a member who is regis- tered under

section 5;

Short title

Definitions

Audiologists and Speech-Language Pathologists Regulations 47/13 Extraordinary Gazette April 30, 2013 9 (g) "general temporary status" means the status of a member who is registered under

section 6; (h) "member" means a member of the college; (i) "non-practicing status" means the status of a member who is registered under

section 7; (j) "registration committee" means the committee established under subsection 19(1) of the Act; (k) "speech-language pathologist" means a person who practices speech-language pathology and is registered under these regulations; and (l) "speech-language pathology" means the practice of identify- ing, assessing, diagnosing and treating disorders of commu- nication and swallowing. 3.

(1) The register of health professi onals maintained by the regis- trar shall have the following categor ies for the purpose of registration of members: (

a) general status; (

b) general temporary status; and (

c) non-practicing status.

(2) When a member's name has been added to the register, the registration committee shall issue a certificate of registration which shall be valid for the period of time set out on the certificate and which shall expire at the end of that period, unless renewed or extended in accordance with these regulations.

(3) Upon each renewal of registration, the registration commit- tee shall issue a certificate of registration to the member. 4.

(1) An applicant shall comply with the following registration requirements: (

a) submission of a completed application for registration in the form set by the registration committee; Members register Requirements for registration

Audiologists and Speech-Language Pathologists Regulations 47/13 Extraordinary Gazette April 30, 2013 10 (

b) payment of any required fees; and (

c) provision of the following information as requested by the registration committee: (

i) proof of identity by means of a valid photo identifica- tion card issued by the province or another government or other proof of identity accep table to the registration committee, (ii) a current Certificate of Good Conduct from the Royal Newfoundland Constabulary, Royal Canadian Mounted Police or other appropriate policing agency, (iii) a current Vulnerable Sector Check from the Royal New- foundland Constabulary, Royal Canadian Mounted Po- lice or other appropriate policing agency, (iv) a written consent for release of information, (

v) a declaration stating (

A) that the applicant has never been convicted of an offence under the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada) or a similar penal statute of another country, or (

B) the details of his or her conviction under the Crimi- nal Code (Canada), the Controlled Drugs and Sub- stances Act (Canada) or a similar penal statute of another country, (vi) proof of professional liability insurance of a type and in an amount acceptable to the co uncil, except where an applicant is applying for registration as a member with a non-practicing status, and (vii) proof of a working knowledge of the English language that the registration committee considers sufficient to enable the person to practice audiology or speech- language pathology in the province.

Audiologists and Speech-Language Pathologists Regulations 47/13 Extraordinary Gazette April 30, 2013 11

(2) In addition to the requirements of subsection (1), where an applicant is currently or was previo usly licensed or registered to prac- tice audiology or speech-language pathology in another jurisdiction, the applicant shall provide a letter of good standing from the licensing or registration body of that jurisdiction which includes confirmation of whether or not the applicant is or has been the subject of investigative or disciplinary proceedings in the jurisdiction and the particulars of those investigative or disciplinary proceedings. 5. (1) Subsections (3) and (4) apply to an applicant who has suc- cessfully completed before 2013 an audiology or speech-language pa- thology program of study approved by the college. (2) Subsections (5) and (6) apply to an applicant who has suc- cessfully completed in or after 2013 an audiology or speech-language pathology program of study approved by the college.

(3) An applicant under subsection (1) is entitled to be registered with a general status where he or she has (

a) complied with the requirements of

section 4; and (

b) provided proof of successful completion of an audiology or speech-language pathology program of study approved by the college within the 4 year s immediately preceding the ap- plication.

(4) Notwithstanding the time period referred to in subsection (3), where at least 4 years have elapsed between the submission of the application for registration and the completion of a program of study referred to in paragraph (3)(b), the applicant shall provide proof that he or she (

a) within the 4 years immediat ely preceding the application has been employed for at least 100 0 hours in the practice of ei- ther audiology or speech-langua ge pathology for which reg- istration is sought; (

b) within the 4 years immediat ely preceding the application has completed a refresher course or re-entry program that is ap- proved by the college respecti ng the practice of either audi- ology or speech-language pathology for which registration is sought; or General status

Audiologists and Speech-Language Pathologists Regulations 47/13 Extraordinary Gazette April 30, 2013 12 (

c) has agreed to complete a period of practice that will be su- pervised, in a manner acceptable to the council, by a mem- ber of the same health profession who is registered with a general status and whose registration is not subject to condi- tions or restrictions.

(5) An applicant under subsection (2) is entitled to be registered with a general status where he or she has (

a) complied with the requirements of

section 4; (

b) provided proof of successful completion of an audiology or speech-language pathology program of study approved by the college within the 4 year s immediately preceding the ap- plication; and (

c) provided proof of successful completion of a registration exam approved by the college within the 4 years immediate- ly preceding the application.

(6) Notwithstanding the time pe riods referred to in subsection (5), where at least 4 years have elapsed between the submission of the application for registration and either the completion of a program of study referred to in paragraph (5)(

b) or the completion of the registra- tion exam referred to in paragraph (5)(

c) or both, the applicant shall provide proof that he or she, within the 4 years immediately preceding the application, (

a) has been employed for at l east 1000 hours in the practice of either audiology or speech-language pathology for which registration is sought; (

b) has completed a refresher cour se or re-entry program that is approved by the college respecting the practice of either au- diology or speech-language pathology for which registration is sought; or (

c) has completed a period of practice that has been supervised, in a manner acceptable to the council, by a member of the same health profession who is registered with a general sta- tus and whose registration is not subject to conditions or re- strictions.

Audiologists and Speech-Language Pathologists Regulations 47/13 Extraordinary Gazette April 30, 2013 13 6.

(1) An applicant under subsection 5(5) who has not successfully completed the registration exam referred to in that subsection is entitled to be registered with a general temporary status where he or she (

a) has complied with the requirements of

section 4; and (

b) in the 4 years immediately preceding the application, has successfully completed a progra m of study referred to in paragraph 5(5)(b).

(2) The registration of a member with a general temporary status is valid for the period of time set by the registration committee and is not subject to renewal but may be extended by the registration commit- tee.

(3) A member registered with a general temporary status shall notify the registration committee of the date on which he or she is scheduled to write the registration exam referred to in paragraph 5(5)(c).

(4) When a member registered with a general temporary status passes the registration exam and continues to comply with the require- ments of

section 4, he or she shall be registered (

a) with a general status; or (

b) where the member satisfies the registration committee that he or she does not intend to maintain an active practice of audiology or speech-language pathology in the province, with a non-practicing status.

(5) When a member registered with a general temporary status does not pass the registration exam within the period of time set by the registration committee under subsection (2), his or her registration shall expire and may not be further extended.

(6) A member registered with a general temporary status shall not practice audiology or speech-language pathology unless he or she is supervised, in a manner accepta ble to the council, by a member of the same health profession who is registered with a general status and whose registration is not subject to conditions or restrictions. General temporary status

Audiologists and Speech-Language Pathologists Regulations 47/13 Extraordinary Gazette April 30, 2013 14 7.

(1) An applicant is entitled to be registered as a member with a non-practicing status where he or she (

a) complies with the requirements of

section 5; and (

b) satisfies the registration committee that he or she does not intend to maintain an active practice of audiology or speech- language pathology in the province.

(2) A member who is registered with a non-practicing status is not required to carry professional liability insurance.

(3) A member who is registered with a non-practicing status shall not engage in the practice of audiology or speech-language pa- thology.

(4) A non-practicing registration shall expire on the date speci- fied in the certificate of registration.

(5) A member who is registered with a non-practicing status may, while that registration is in effect, make application to the regis- tration committee to have his or her status changed to that of a member with a general status and he or she is entitled to be registered as a member with a general status where the following conditions are met: (

a) the member pays any required fee; (

b) the member provides proof of professional liability insur- ance of a type and in an amount acceptable to the council; (

c) the member satisfies the continuing education requirements of subsection 9(1); and (

d) where registration as a member with a non-practicing status has been held for 12 consecutive months or longer, the member continues to meet the requirements of

section 4 and the registration committee is satisfied that the applicant has the knowledge, skill and judgem ent necessary to be regis- tered with a general status. 8.

(1) The registration committee may attach those conditions or restrictions to a registration that the registration committee considers appropriate, including Non-practicing status Conditions and restrictions

Audiologists and Speech-Language Pathologists Regulations 47/13 Extraordinary Gazette April 30, 2013 15 (

a) placing limits on the activities the member may perform; and (

b) setting requirements for supervision of the member which may include specifics on the form or duration of the supervi- sion.

(2) A member shall comply with all conditions and restrictions that are attached to his or her registration by the registration committee. 9.

(1) A member shall participate in continuing education as di- rected by the council.

(2) Where a member who is registered with a general status does not comply with subsection (1), the registration committee may require the member (

a) to complete a program of continuing education within a specified period of time; or (

b) to undergo a period of supervised practice.

(3) Where a member who is re gistered with a non-practicing status does not comply with subsection (1), the registration committee may require the member to complete a program of continuing educa- tion within a specified period of time. 10.

(1) The registration committee shall advise each member who is registered with a general status or a non-practicing status of the expiry date of his or her registration and the renewal date applicable to that registration at the time of the initial registration and upon each renewal of that registration.

(2) An application to renew a member's registration shall be made before the expiry date of the member's registration and as di- rected by the registration committee. 11.

(1) A member who is registered with a general status or a non- practicing status is entitled, on application to the registration commit- tee, to have his or her registration renewed under

section 10 where that member (

a) provides a written consent for release of information as re- quested by the registration committee; Continuing educa- tion Registration renew- al Renewal require- ments

Audiologists and Speech-Language Pathologists Regulations 47/13 Extraordinary Gazette April 30, 2013 16 (

b) pays the required fees and, except in the case of a member applying for renewal of a non-practicing status, provides proof of professional liability insurance of a type and in an amount acceptable to the registration committee; (

c) provides proof that he or she (

i) has successfully completed an audiology or speech- language pathology program of study, as appropriate, approved by the college with in the 4 years immediately preceding the application, (ii) has been employed for at least 1000 hours in the prac- tice of either audiology or speech-language pathology, as appropriate, w ithin the 4 years immediately preced- ing the application, or (iii) has completed a refresher course or re-entry program that is approved by the college respecting the practice of either audiology or speech-language pathology, as ap- propriate, within the 4 y ears immediately preceding the application; (

d) provides evidence of his or her participation in or comple- tion of continuing education programs and professional de- velopment requirements as directed by the council; and (

e) provides a d eclaration stating (

i) that, within the past year, the member has not been con- victed of an offence under the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada) or a similar penal statute of another country, or (ii) the details of his or her conviction, within the past year, under the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada) or a similar penal statute of another country.

(2) In addition to the requirements of subsection (1), where the member was, within the 12 months immediately preceding the applica- tion for renewal of registration, licensed or registered to practice audi- ology or speech-language pathology in another jurisdiction, the mem-

Audiologists and Speech-Language Pathologists Regulations 47/13 Extraordinary Gazette April 30, 2013 17 ber shall provide a letter of good standing from the licensing or regis- tration body of that jurisdiction which includes confirmation of whether or not the member is or has been th e subject of investigative or disci- plinary proceedings in the jurisdiction and the particulars of those in- vestigative or disciplinary proceedings.

(3) In addition to the requirements of subsection (1), where a member who is registered with a non-practicing status applies to have his or her registration renewed as a member with a general status, he or she shall satisfy the requirements of subsection 7(5). 12. Where a member registered with a general status or a non- practicing status fails to renew his or her registration on or before the expiry date, his or her registration shall expire and the member's name shall be removed from the register. 13. A member who allows his or her registration to expire and whose name has been removed from the register under

section 12 shall, for the purpose of a subsequent registration, meet the requirements im- posed on a new applicant and comply with the applicable requirements of these regulations and with any cond itions or restrictions attached to the registration by the registration committee under

section 8. 14.

(1) Only a member who is registered as an audiologist with a general status shall be entitled to use the title "Audiologist" or "Regis- tered Audiologist" or an associated derivation or abbreviation.

(2) Only a member who is regist ered as an audiologist with a general temporary status shall be entitled to use the title "Audiologist - Temporary" or an associated derivation or abbreviation.

(3) Notwithstanding subsection (1), a member who is registered as an audiologist with a non-practicing status shall be entitled to use the title "Audiologist" or "Registered Audiologist" or an associated deriva- tion or abbreviation and shall indicate in the title that he or she is non- practicing. 15.

(1) Only a member who is re gistered as a speech language pathologist with a general status shall be entitled to use the title "Speech-Language Pathologist" or "Registered Speech-Language Pathologist" or an associated derivation or abbreviation. Failure to renew registration Registration after expiry Designated titles - audiologist Designated titles - speech language pathologist

Audiologists and Speech-Language Pathologists Regulations 47/13 Extraordinary Gazette April 30, 2013 18

(2) Only a member who is registered as a speech language pathologist with a general temporary status shall be entitled to use the title "Speech-Language Pathologist - Temporary" or an associated deri- vation or abbreviation.

(3) Notwithstanding subsection (1), a member who is registered as a speech language pathologist with a non-practicing status shall be entitled to use the title "Speech-Language Pathologist" or "Registered Speech-Language Pathologist" or an associated derivation or abbrevia- tion and shall indicate in the title that he or she is non-practicing. 16. A member shall notify the counc il immediately of a change in his or her (

a) mailing address; or (

b) employer. 17. These regulations come into force on the day the Health Pro- fessions Act comes into force with respect to the designated health professions of audiologists and speech language pathologists. ©Queen's Printer Notification of changes Commencement

19 ST. JOHN'S, TUESDAY, APRIL 30, 2013 Extraordinary Gazette Index Title of Act and Subordinate Legislation CNLR or XNL Gazette made thereunder NL Reg. Amendment Date & Page No. Health Professions Act Proclamation bringing Act NLR 45/13 New Apr 30/13 p. 3 into force (with respect to Audiologists and Speech- Language Pathologists) (In force- April 30, 2013) Proclamation bringing Act NLR 46/13 New Apr 30/13 p. 5 into force (with respect to Dental Hygienists) (In force- June 1, 2013) Audiologists and Speech- NLR 47/13 New Apr 30/13 p. 7 Language Pathologists Regulations

Document details

Collection	Newfoundland and Labrador — Gazette
Citation	NLG 2013-04-30
Type	gazette
Volume / chapter	printer gazette extraordinary issues 2013 nlg130430extra
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	47a5d971b73f3f271b17969d47436e900b8e2f18

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