Third

Session, 45th General Assembly

Elizabeth II, 2006

BILL 19

AN ACT RESPECTING THE

PRACTICE OF PHYSIOTHERAPY

Received and Read the First Time ...................................................................................................

Second Reading .................................................................................................................................

Committee ............................................................................................................................................

Third Reading .....................................................................................................................................

Royal Assent ......................................................................................................................................

HONOURABLE

TOM

OSBORNE

Minister

of Health and Community Services

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY

NOTES

This Bill would revise the law

respecting the regulation of the practice of physiotherapy.

In particular, the Bill would

incorporate disciplinary procedures which are now available to most

self-regulating bodies. The Bill also

makes explicit the role of the College in assuring the public of proficiency

and competency in the practice of physiotherapy.

A BILL

AN ACT RESPECTING THE PRACTICE OF PHYSIOTHERAPY

Analysis

Short title

Definitions

College

Council of college

Appointed members

Annual meeting

Registrar and meetings of council

By-laws and quorum

Regulations

Fees

Regulations re: physiotherapy

auxiliaries

Registration of physiotherapists

Limitation to practise

Register

Definitions

Committees

Allegation

Effect of filing allegation

Complaints authorization committee

Adjudication tribunal

Hearing

Copies of books, etc. as evidence

Guilty plea by respondent

Powers of adjudication tribunal

Filing and publication of decisions

De-registration and suspension

Failure to comply

Reinstatement and readmission

Costs of the college

Collection of fine

Appeal

Protection from liability

False declarations

Offences

Savings

Transition

RSNL1990 cP-13 Rep.

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

Short title

1. This

Act may be cited as the Physiotherapy

Act, 2006.

Definitions

2. In

this Act

(a) "college" means The Newfoundland and

Labrador College of Physiotherapists;

(b) "council" means the council of the

college referred to in

section 4 ;

(c) "minister" means the minister

appointed under the Executive Council Act

to administer this Act;

(d) "physiotherapist" means a person who

practises physiotherapy;

(e) "physiotherapy" means the application

of professional physical therapy in the assessment and treatment of the human

body in order to obtain, regain or maintain optimal function by the use of

suitable therapeutic methods, including mobilization, manipulation and the use

of physical agents; and

(f) "register" means the register of

members of the college maintained under

section 14 .

College

(1) The

Newfoundland and Labrador College of Physiotherapists is continued as a

corporation without share capital for the purpose of

Part XXI of the Corporations Act .

(2) A person who is registered as a

physiotherapist under this Act is a member of the college.

(3) The objects of the college are to assure to

the general public, proficiency and competency in the practice of physiotherapy

and to regulate and govern registered physiotherapists and the practice of

physiotherapy.

Council of

college

(1) The

college shall be governed by a council consisting of

(a) 7 members elected from and by registered physiotherapists

in accordance with the by-laws; and

(b) 2 members appointed under

section 5 who are

not registered physiotherapists.

(2) A member is eligible to be re-elected, but

shall not be a member for more than 9 consecutive years.

(3) An elected member may resign by written notice

to the council.

(4) Where an elected member resigns, dies or

becomes incapable of performing his or her duties, the remaining members shall

appoint a replacement to serve until the next annual general meeting.

(5) Elected members shall serve without payment

for their services, but their travel and other expenses associated with their

duties as members shall be paid by the college, in accordance with the by-laws.

(6) The council shall elect an executive from its

members including a chairperson who chairs meetings of the council, a

vice-chairperson who shall preside over meetings in the absence of the

chairperson and other officers as provided for in the by-laws.

Appointed members

(1) The minister shall appoint 2 members

of the council who are not registered physiotherapists who are suitable to

represent the public interest.

(2) A person appointed under subsection (1) holds

office for a term of 3 years and is eligible to be re-appointed.

(3) Where a person appointed under subsection

(1) holds office for a period of 9 consecutive years the person is not eligible for

appointment as a member of the council until the expiration of 12 months from

the end of the year in which he or she was last a member.

(4) Where the term of office of a person appointed

under this

section expires, he or she continues to be a member of the council until

re-appointed or replaced.

(5) The college shall pay the expenses of a person

appointed to the council under this

section in accordance with guidelines established

by the Lieutenant-Governor in Council.

(6) A person appointed under subsection (1) may be

removed from office by the minister before the expiration of his or her term of

office and no compensation shall be paid to him or her other than an amount

owing under subsection (5).

(7) A person appointed under subsection (1) may

resign from the council by written notice to the minister.

Annual meeting

(1) The college shall hold an annual general meeting at a time and place in the

province that the council may determine.

(2) At the annual general meeting

(

a) an auditor shall be appointed by the college to

audit the accounts of the college and to report on the financial statements of

the college; and

(

b) the college shall consider and vote on those

other matters required by the by-laws.

(3) The college may in its by-laws provide for

voting by registered physiotherapists at the annual general meeting of the

college by mail or electronic means.

(4) The council shall prepare and submit to the

minister before July 1

(

a) a report on the activities of the college; and

(

b) the college's audited financial statements.

(5) Where the council fails to comply with subsection

(4), the college is guilty of an offence and on

summary conviction may be fined

$1,000.

Registrar and

meetings of council

(1) The council shall appoint a registered physiotherapist to be registrar, either

from among the members of the council or outside the council but where the

registrar is not an elected member of the council he or she shall not have a

vote.

(2) The registrar shall carry out the duties

imposed upon the registrar by this Act.

(3) The registrar is, by virtue of the office, a

member of the council where he or she is appointed from outside the council.

(4) At meetings of the council, each member of the

council shall have one vote and in the case of a tie, the chairperson or, in

the absence of the chairperson, the vice-chairperson shall have a second or

casting vote.

(5) Except where prohibited in the by-laws, a

member of the council may, where all the members of the council consent,

participate in a meeting of the council by means of the telephone or other telecommunication

device that permits all persons participating in the meeting to communicate

with each other.

By-laws and quorum

(1) The

council may make by-laws

(

a) providing for the holding and procedure of its

and the college's meetings;

(

b) providing for a quorum for a meeting of the

college and the matters of business that may be addressed and voted on at a

meeting of the college;

(

c) providing for the election of members of the

council under paragraph 4 (1)(

a) and setting the

term of office;

(

d) respecting the participation of members of the

council in a meeting of the council by telephone or other telecommunication

device under subsection 7 (5);

(

e) respecting the maintenance of the register and

the form and contents of it;

(

f) respecting the remuneration and payment of

travel expenses of members of adjudication tribunals;

(

g) establishing a code of ethics which shall

include

(

i) a definition of "professional

misconduct" and "conduct unbecoming a physiotherapist" for the

purposes of sections 15 to 31 ,

(ii) standards governing the practice of physiotherapy,

including standards of professional competence and of capacity and fitness to

practise, and

(iii) rules respecting methods of advertising;

(

h) providing for voting at meetings of the

college and the council;

(

i) respecting the issuance and term of

certificates of registration;

(

j) respecting the information and verification of

information required of applicants for registration; and

(

k) generally, to assist in the administration of

this Act and the regulations.

(2) A by-law may be made, amended or repealed at a

meeting of the council if 30 days notice, or the shorter period to which

members of the council may consent, is given of the intention to make, amend or

repeal a by-law, and of the meeting, to the members of the council.

(3) The council shall have the by-laws available

for inspection by the public on reasonable notice and at reasonable hours.

(4) Six members of the council, one of whom is a

member appointed by the minister to represent the public interest, shall constitute

a quorum for a meeting.

Regulations

(1) The

council may, with the approval of the minister, make regulations

(

a) respecting the conditions for registration as

a physiotherapist, including the conditions respecting conditional and

temporary registration;

(

b) establishing conditions for the renewal of

registration including the participation in continuing education programs, refresher

courses and other activities related to the maintenance of professional

standards;

(

c) respecting the holding and standard of

examinations for registration under this Act and the content of examination

papers;

(

d) prescribing the forms of treatment which may

be applied by physiotherapists;

(

e) respecting alternative dispute resolution for

the purposes of

section 19 and the procedure

for that resolution;

(

f) respecting time limits for events in the

disciplinary process in sections 15 to 31 , including time limits for

(

i) the filing of an allegation,

(ii) the resolution of an allegation by the

registrar,

(iii) the conduct of an investigation under

section 19 ,

(iv) consideration of an allegation by the council following

completion of an investigation,

(

v) responding to a complainant and respondent at

each stage of the process,

(vi) the conduct of a practice investigation under

subparagraph 19 (3)(c)(ii),

(vii) the appointment of an adjudication tribunal

under

section 20 , and

(viii) the conduct of a hearing and the filing of a

decision or order by an adjudication tribunal following completion of the

hearing;

(

g) prescribing standards with respect to the

practice of physiotherapy in the offices of the physiotherapists;

(

h) defining the designation of specialist

physiotherapist and prescribing the conditions required for registration as a

specialist physiotherapist; and

(

i) generally, to give effect to the purpose of

this Act.

(2) Notwithstanding subsection (1), the minister

may make regulations to prescribe time limits for events in the disciplinary

process under sections 15 to 31 where the council does not do so within a time

the minister considers reasonable.

Fees

10. The

council may establish fees for registration and the renewal or reinstatement of

registration under this Act.

Regulations re:

physiotherapy auxiliaries

11. The

council may, subject to the approval of the minister, make regulations with

respect to physiotherapy auxiliaries

(

a) defining a physiotherapy auxiliary and

classifying physiotherapy auxiliaries;

(

b) prescribing the qualifications necessary for

each class of physiotherapy auxiliaries to be registered or certified under

this Act;

(

c) providing for the registration or

certification of persons in each class of physiotherapy auxiliaries;

(

d) prescribing the services that may be provided

by each class of physiotherapy auxiliaries;

(

e) establishing standards of conduct, competence

and proficiency for each class of physiotherapy auxiliaries;

(

f) defining professional misconduct for each

class of physiotherapy auxiliaries;

(

g) defining the activities that constitute a

conflict of interest and prohibiting the engagement of a physiotherapy

auxiliary in those activities;

(

h) providing for the cancellation of the

registration of a physiotherapy auxiliary or the suspension or revocation of

his or her registration or certificate and regulations made under this

paragraph shall include provisions respecting the holding of a hearing composed

of a panel of 3 persons, one of whom shall be a physiotherapy auxiliary

registered or certified under this section; and

(

i) concerning other matters with respect to

physiotherapy auxiliaries that the council considers necessary.

Registration of

physiotherapists

(1) A

person who satisfies the conditions for registration as a physiotherapist set

out in the regulations is entitled to be registered as a physiotherapist under

this Act.

(2) The registrar shall register an applicant for

registration as a physiotherapist who

(

a) satisfies the conditions for registration as a

physiotherapist set out in the regulations;

(

b) pays the fees set by the council; and

(

c) provides evidence that he or she has obtained

professional liability insurance coverage in a form and amount satisfactory to

the council.

(3) The registrar may register an applicant for

registration conditionally or temporarily subject to the terms for conditional

or temporary registration set out in the regulations.

Limitation to

practise

13. A

person who is a member of the college shall be entitled to practise

physiotherapy as a registered physiotherapist, using the designation "Reg.

PT.", and a person shall not practise or offer to practise as a

physiotherapist for gain or reward or use the designation "Reg. PT."

or words or letters indicative of the designation, or convey the impression

that he or she is practising as a physiotherapist, unless the person is a

member of the college.

Register

(1) The

council shall maintain a register containing the names of members of the

college and other information that may be required by the by-laws.

(2) The council shall make the register of the

college available for inspection by the public on reasonable notice and at

reasonable times.

(3) A certificate, signed or purporting to be

signed by the registrar, that the name of a person was or was not entered in

the register on a date or during a period specified in the certificate shall be

admissible in evidence without proof of the signature of the registrar, and the

contents of the certificate shall be, in the absence of evidence to the contrary,

evidence of the facts stated in it.

Definitions

15. In

this

section and sections 16 to 31

(a) "allegation" means a written

document alleging that a person has engaged in conduct deserving of sanction;

(b) "complainant" means a person making

an allegation;

(c) "conduct deserving of sanction"

includes

(

i) professional misconduct,

(ii) professional incompetence,

(iii) conduct unbecoming a physiotherapist, and

(iv) acting in breach of this Act, the regulations

or the code of ethics made under

section 8 ;

(d) "costs incurred by the college"

includes

(

i) out of pocket expenses incurred by or on

behalf of the college,

(ii) amounts paid by the college to adjudication

tribunal members as remuneration and for expenses, and

(iii) the actual cost of legal counsel for the college

and the adjudication tribunal;

(e) "disciplinary panel" means the panel

of persons appointed under

section 16 from

which the members of an adjudication tribunal are chosen; and

(f) "respondent" means a physiotherapist,

a former physiotherapist or a person who is registered as a physiotherapy auxiliary

against whom an allegation is made.

Committees

(1) The

council shall appoint 3 of its members, at least one of whom was appointed by

the minister to represent the public interest, to constitute a complaints

authorization committee.

(2) The council shall appoint the chairperson and

vice-chairperson of the complaints authorization committee from the persons

appointed under subsection (1).

(3) The registrar is not eligible to be a member

of the complaints authorization committee.

(4) The council shall appoint at least 10 registered

physiotherapists who are not members of the council, one of whom shall be appointed

to serve as chairperson, and the minister shall appoint at least 5 persons, who

are not registered physiotherapists or members of the council, to represent the

public interest, who shall together constitute a disciplinary panel.

(5) Of the members first appointed to the

disciplinary panel, one half shall be appointed for a term of 2 years and the

remainder for a term of 3 years and all subsequent appointments of members to

the disciplinary panel shall be for a term of 3 years.

(6) Notwithstanding the expiry of his or her term,

a member of the disciplinary panel continues to be a member until he or she is

re-appointed or his or her replacement is appointed.

(7) Persons appointed to the disciplinary panel

may be reappointed.

(8) Members of the disciplinary panel shall serve

on the panel without payment for their services, but may be remunerated for

service as a member of an adjudication tribunal and paid their travel and other

expenses associated with the work of that tribunal by the council, in accordance

with and at the rates set by the by-laws.

(9) The complaints authorization committee, an

adjudication tribunal appointed under

section 20

and a person appointed by either of them may summon a respondent or other

person and require the respondent or other person to give evidence, orally or

in writing, upon oath or affirmation, and produce the documents and things that

either of them considers necessary to the full investigation and hearing of an

allegation or complaint and shall have the powers, privileges and immunities

that are conferred on a commissioner appointed under the Public Inquiries Act.

Allegation

(1) An

allegation shall be in writing and signed by the complainant or his or her

solicitor, and filed with the registrar.

(2) The registrar may on his or her own motion

make an allegation and file it, and the allegation shall have the same effect

as an allegation referred to in subsection (1).

(3) Where the registrar has been informed that a

respondent has been convicted of an offence under the provisions of the Criminal Code or a similar penal statute

of another country or has been suspended by a governing body of physiotherapists

in another province or territory of Canada or another territory or country for

reason of professional misconduct, conduct unbecoming a physiotherapist or

professional incompetence, the information shall be dealt with by the registrar

as an allegation.

(4) For the purpose of subsection (3), a certified

copy of the record of a conviction or findings made or the action taken by an

external regulatory body constitutes proof, in the absence of evidence to the

contrary, of the conviction or findings made or the action taken by that body,

without proof of the signature of the convicting justice or person purporting

to have signed on behalf of that body.

Effect of filing

allegation

(1) Where

it appears to the registrar after notifying the respondent of the allegation

that the allegation may be resolved satisfactorily and where the complainant

and the respondent consent, the registrar may attempt to resolve the matter.

(2) Where the allegation is not satisfactorily

resolved by the registrar under subsection (1), the registrar shall refer the

allegation and all other allegations to the complaints authorization committee.

(3) The registrar shall inform a complainant and a

respondent of the referral of the allegation to the complaints authorization committee.

Complaints authorization

committee

(1) After

an allegation has been submitted to the complaints authorization committee, the

committee may exercise one or more of the following powers:

(

a) refer the allegation back to the registrar for

an investigation or alternative dispute resolution in accordance with the regulations;

(

b) conduct an investigation itself or appoint a

person to conduct an investigation on its behalf; and

(

c) require

the respondent to appear before it.

(2) Where the complaints authorization committee

is of the opinion that there are no reasonable grounds to believe the respondent

has engaged in conduct deserving of sanction, the committee shall dismiss the

allegation and give notice in writing of the dismissal to the complainant.

(3) Where the complaints authorization committee

is of the opinion that there are reasonable grounds to believe that a

respondent has engaged in conduct deserving of sanction, the allegation shall

be considered as constituting a complaint, and the committee may

(

a) counsel or caution the respondent; or

(

b) instruct the registrar to file the complaint

against the respondent and refer it to the disciplinary panel; and

(

c) recommend to the council that

(

i) the respondent's registration be suspended or

restricted, or

(ii) the registrar or another person appointed by

the committee conduct an investigation of the respondent's practice,

at any time before a final determination by

the adjudication tribunal.

(4) A person conducting an investigation under

paragraph (1)(

a) or (

b) or subparagraph (3)(c)(ii) may require

(

a) the respondent to

(

i) undergo an examination or assessment he or she

considers necessary and as arranged by the registrar, and

(ii) permit the registrar or a member of the complaints

authorization committee or a person appointed by the complaints authorization

committee to inspect and copy the records of the respondent and other documents

relating to the subject matter of the investigation; and

(

b) another person to permit the registrar or a

member of the complaints authorization committee or a person appointed by the

complaints authorization committee to inspect and copy records and other

documents relating to the subject matter of the investigation held by that

person,

and the respondent or other person shall

comply.

(5) An action for damages does not lie against a physiotherapist

or another person to whom a request is made solely because he or she provides information

requested of him or her under subsection (4).

(6) Where the registrar, a member of the complaints

authorization committee or a person appointed by the complaints authorization

committee requires that a respondent or another person provide information

under subsection (4), that information shall be provided within 7 days of

receipt of the requirement or a different period as specified.

(7) Where the complaints authorization committee

recommends to the council that a respondent's practice be suspended, restricted

or investigated under paragraph (3)(c), the council may

(

a) decide not to act on the recommendation; or

(

b) suspend, restrict or investigate the

respondent's practice.

(8) A complainant whose allegation is dismissed by

the complaints authorization committee under subsection (2) may, within 30 days

after receiving notice of the dismissal, appeal the dismissal to the Trial

Division by filing a notice of appeal with the Registrar of the Supreme Court.

(9) Subsections (4), (5) and (6) apply to the

Crown.

Adjudication tribunal

(1) For

the purpose of dealing with complaints referred to the disciplinary panel, the

chairperson of the disciplinary panel shall appoint from it an adjudication

tribunal consisting of 3 persons, of whom 2 shall be registered

physiotherapists and one shall be a member of the panel appointed to represent

the public interest.

(2) The chairperson of the disciplinary panel

shall appoint one of the registered physiotherapists on an adjudication tribunal

to be the chairperson.

Hearing

(1) Where

a complaint has been referred under paragraph 19 (3)(b),

an adjudication tribunal shall hear the complaint.

(2) The parties to a hearing are the college and

the respondent and a party may be represented by his or her counsel at a

hearing.

(3) A hearing shall be conducted in public but an

adjudication tribunal may exclude the public from a hearing, or from part of

it, where it considers the desirability of protecting a party to the complaint

or another person against the consequences of possible disclosure of personal

matters outweighs the desirability of holding the hearing in public.

Copies of books,

etc. as evidence

22. A

copy or extract of a book, record, document or thing certified by

(

a) a member of the complaints authorization

committee; or

(

b) a person authorized under

section 19 to conduct an investigation,

who made the copy or extract is admissible

in evidence in an action, proceeding or prosecution, in the absence of evidence

to the contrary, as evidence of the original book, record, document or thing

and its contents.

Guilty plea by

respondent

(1) Where

a respondent pleads guilty to one or more of the charges set out in a complaint,

the adjudication tribunal shall, without calling evidence or hearing witnesses,

unless the tribunal believes it is appropriate to do so, hear submissions from

the parties.

(2) Where a respondent pleads guilty, and

following submissions under subsection (1), the adjudication tribunal may

(

a) reprimand the respondent;

(

b) order that the respondent be suspended for a

fixed period that it considers appropriate, until conditions which it may

impose are fulfilled, or until further order of the adjudication tribunal;

(

c) allow or direct the respondent to surrender

his or her certificate of registration to the council upon those conditions

that may be considered appropriate and strike the respondent's name from the

register;

(

d) impose a fine not to exceed $10,000 to be paid

to the college;

(

e) order that the respondent pay the costs or a

part of the costs incurred by the college in the investigation and hearing of

the complaint;

(

f) order that the registrar publish a

summary of

the decision including the information set out in subsection 25 (4) and other information that the tribunal may

specify; and

(

g) order that the respondent comply with one or

more of the following:

(

i) make restitution to the complainant or other

person affected by the conduct of the respondent,

(ii) obtain medical treatment,

(iii) obtain counselling,

(iv) obtain substance abuse counselling or

treatment, until the respondent can demonstrate to the council or other body or

person designated by the adjudication tribunal that a condition related to

substance abuse rendering the respondent incapable or unfit to practise has

been overcome,

(

v) engage in continuing education programs,

(vi) complete a course of studies or obtain

supervised clinical experience, or both, to the satisfaction of the council or

another body or person designated by the adjudication tribunal,

(vii) report on his or her compliance with an order

made under this

section and authorize others involved with his or her treatment

or supervision to report on it,

(viii) restrict his or her professional practice or

continue his or her practice under specified conditions,

(ix) permit periodic inspection of his or her

practice,

(

x) permit periodic inspection of records relating

to his or her practice, or

(xi) impose other requirements that are just and

reasonable in the circumstances.

(3) The costs incurred by the college to ensure

the compliance of a respondent with an order or direction of an adjudication

tribunal under this

section shall be borne by the respondent.

Powers of adjudication

tribunal

(1) Upon

the hearing of a complaint, an adjudication tribunal shall decide whether or

not a respondent is guilty of conduct deserving of sanction.

(2) Where an adjudication tribunal decides that a

respondent is not guilty, it shall dismiss the complaint and may, where it

believes that the submission of the complaint to the tribunal for a hearing was

unreasonable,

(

a) order that those costs that the tribunal

considers appropriate be paid by the college to the respondent; and

(

b) make another order that it considers

appropriate.

(3) Where an adjudication tribunal decides that a

respondent is guilty, it may

(

a) reprimand the respondent;

(

b) order that the respondent be suspended for a

fixed period that it considers appropriate, until conditions which it may

impose are fulfilled, or until further order of the adjudication tribunal;

(

c) allow or direct the respondent to surrender

his or her certificate of registration to the council upon those conditions

that may be considered appropriate and strike the respondent's name from the

register;

(

d) impose a fine not to exceed $10,000 to be paid

to the college;

(

e) order that the respondent pay the costs or a

part of the costs incurred by the college in the investigation or hearing of

the complaint;

(

f) order that the registrar publish a

summary of

the decision including the information set out in subsection 25 (4) and other information that the tribunal may

specify; and

(

g) order that the respondent comply with one or

more of the following:

(

i) make restitution to the complainant or other

person affected by the conduct of the respondent,

(ii) obtain medical treatment,

(iii) obtain counselling,

(iv) obtain substance abuse counselling or

treatment, until the respondent can demonstrate to the council or other body or

person designated by the adjudication tribunal that a condition related to

substance abuse rendering the respondent incapable or unfit to practise has

been overcome,

(

v) engage in continuing education programs,

(vi) complete a course of studies or obtain

supervised clinical experience, or both, to the satisfaction of the council or

other body or person designated by the adjudication tribunal,

(vii) report on his or her compliance with an order

made under this

section and authorize others involved with his or her treatment

or supervision to report on it,

(viii) restrict his or her professional practice or

continue his or her practice under specified conditions,

(ix) permit periodic inspection of his or her practice,

(

x) permit periodic inspection of records relating

to his or her practice, or

(xi) impose other requirements that are just and

reasonable in the circumstances.

(4) The costs incurred by the college to ensure

the compliance of a respondent with an order or direction of an adjudication

tribunal under this

section shall be borne by the respondent.

Filing and publication

of decisions

(1) An adjudication tribunal shall file a decision or order made under subsection 23 (2) or subsection 24(2) or

(3) with the registrar and provide a copy to the complainant, the

respondent, the respondent's employer and sponsor, where he or she has one, and

the minister.

(2) The registrar shall maintain a copy of a

decision or order filed under subsection (1) for a minimum of 5 years after the

day the decision is filed and shall upon receiving a request to view the

disciplinary records in relation to a physiotherapist permit a person to view a

summary of a decision where that physiotherapist was the respondent, prepared

in accordance with subsection (4).

(3) The registrar shall publish a

summary of a

decision or order of an adjudication tribunal in a newspaper of general

circulation in or nearest to the community in which the respondent practises

within 14 days of the filing of the decision or order, where the decision or

order

(

a) suspends the respondent;

(

b) allows or directs the respondent to surrender

his or her certificate of registration;

(

c) restricts the respondent's practice;

(

d) specifies conditions for the continuing

practice of the respondent; or

(

e) requires that a

summary of the decision or

order be published.

(4) The

summary of the decision published under

subsection (3) shall include

(

a) the name of the respondent and the address

where he or she practises;

(

b) the date, location and a brief description of

the conduct of the respondent that was found to be deserving of sanction;

(

c) the name of the complainant, unless the

complainant has requested that his or her name be withheld;

(

d) the contents of the order in relation to the

actions referenced in paragraphs (3)(

a) to (d); and

(

e) other information specified for publication in

the decision or order.

(5) Where a decision published under this

section is

varied or set aside, the registrar shall within 14 days of the filing of the

subsequent decision or order publish a

summary of the decision or order and subsections

(3) and (4) apply, with the necessary changes.

De-registration

and suspension

(1) Where

a respondent is allowed or directed to surrender his or her certificate of

registration, his or her rights and privileges as a registered physiotherapist cease.

(2) Where a respondent is suspended, his or her

rights and privileges as a registered physiotherapist cease for the period of

suspension.

(3) Where conditions or restrictions have been

imposed upon a respondent's ability to carry on his or her practice, his or her

rights and privileges as a registered physiotherapist shall be limited to the

extent specified by the conditions or restrictions.

Failure to comply

(1) On

application by the college to the disciplinary panel, an adjudication tribunal

may make an order suspending the registration of the respondent where it

determines that the respondent has failed to comply with a decision or an order

under sections 15 to 31 .

(2) The parties to the application are the college

and the respondent.

(3) An order of an adjudication tribunal under

this

section may suspend the registration of the respondent for a fixed period

that the adjudication tribunal may consider appropriate, or until conditions

which it may impose are fulfilled, or until further order of the adjudication

tribunal.

Reinstatement and

readmission

(1) Where,

in a decision or order, an adjudication tribunal

(

a) suspends the respondent;

(

b) allows or directs the respondent to surrender

his or her certificate of registration or to be removed from a register maintained

under this Act;

(

c) restricts the respondent's practice; or

(

d) specifies conditions for the continuing

practice of the respondent,

and where the respondent alleges that new

evidence has become available or a material change in circumstances has

occurred since the making of the decision or order, the respondent may apply to

the complaints authorization committee for a supplementary hearing to discharge

or vary the decision or order based on the new evidence or material change in

circumstances.

(2) An application under subsection (1) shall be

made not more than 90 days after the new evidence becomes available or the

material change in circumstances has occurred.

(3) Where an application is made to the complaints

authorization committee under subsection (1), and the committee is of the opinion

that new evidence has become available or that a material change in

circumstances has occurred, as alleged by a respondent, the matter shall be

referred to an adjudication tribunal as if it were a matter referred under

paragraph 19 (3)(

b) and sections 21 to 26 apply, with

the necessary changes, to the referred matter.

(4) The parties to a supplementary hearing under

this

section are the respondent and the college.

(5) For the purpose of this section, in addition

to an order that an adjudication tribunal may make under

section 24 , a tribunal may

(

a) vary the original decision or order made under

section 24 ; or

(

b) discharge the original decision or order, with

or without conditions.

Costs of the college

(1) Where

a person who was ordered to pay the costs of the college under paragraph 23 (2)(

e) or 24 (3)(

e) fails to pay in the time required, the council may suspend the registration or

licence of that person until the costs are paid.

(2) Costs ordered to be paid under paragraph 23 (2)(

e) or 24 (3)(

e) are a debt due to the college and may be recovered by the college by a civil action.

Collection of

fine

(1) Where an order is made under

section 23 or 24 imposing a fine on a respondent, the college may

issue a certificate stating the amount of the fine due and remaining unpaid and

the name of the person by whom it is payable, and file the certificate with the

Registrar of the Supreme Court.

(2) Where a certificate is filed with the

Registrar of the Supreme Court under subsection (1), it has the same effect and

all proceedings may be taken on the certificate as if it were a judgment of the

Trial Division for the recovery of the amount stated in the certificate against

the person named in the certificate.

(3) A person named in a certificate filed under

this

section may, within 30 days after the certificate is filed, apply to a

judge of the Trial Division for a review, on a question of law or jurisdiction,

of the certificate.

(4) On an application under subsection (3), the

judge may make any amendment to the certificate that is necessary to make the

certificate accord with the judge's decision.

(5) There is no appeal from a decision of a judge

made under this section.

(6) A certificate filed under this

section may

also be filed in the judgment enforcement registry on the expiration of the 30

day period referred to in subsection (3) in accordance with

Part III of the Judgment Enforcement Act and be enforced in accordance with that

Act.

Appeal

(1) The

college or the respondent may, within 30 days after receiving notice of a

decision or order of an adjudication tribunal, appeal the decision or order or

a part of it to the Trial Division by filing a notice of appeal with the

Registrar of the Supreme Court.

(2) An appeal under this

section does not stay the

decision or order being appealed unless the Trial Division orders otherwise.

Protection from

liability

(1) An

action for damages does not lie against the registrar, a member of the council,

officer, employee or agent of the college or council, a person or committee

designated by the college or council, the college as a corporation, the council

as governing body of the college, the complaints authorization committee, a

person appointed by the complaints authorization committee, the disciplinary

panel, an adjudication tribunal or the individual members of those bodies for

an act or failure to act or a proceeding initiated or carried out in good faith

under this Act, or for carrying out duties or obligations as the registrar, a

member of the council, officer, employee, designate, agent, committee member or

other person authorized under this Act or for a decision or order made or

enforced in good faith under this Act.

(2) A member of the college is not personally

liable for a debt of the college beyond the amount of unpaid dues, fees, fines

and penalties owed to the college, but all property of the college shall be

held for the payment of the debts of the college.

False

declarations

33. A

person who obtains or attempts to obtain an entry of his or her name in the

register by making a false or fraudulent declaration or misrepresentation

either orally or in writing, and a person who knowingly helps in the making of

the declaration or misrepresentation, is guilty of an offence.

Offences

34. A

person who contravenes this Act is guilty of an offence, and is liable on

summary conviction to a fine not exceeding $1,000.

Savings

35. Nothing

in this Act limits or prevents the practice of physiotherapy by a person in giving first aid or temporary

assistance in case of emergency.

Transition

(1) The

members of the council on the day before this Act comes into force are

continued as members of the council until an election is held under

section 4 of this Act.

(2) An election to elect the 7 members of the council

referred to in paragraph 4 (1)(

a) of this Act

shall be held within 12 months after the day this Act comes into force.

(3) The minister shall make appointments under paragraph

4 (1)(

b) of this Act within 30 days of the

election held under subsection (2).

(4) Of the members of the board first elected

under

section 4 of the Act,

(a) 4 shall be elected for a term of 3 years; and

(b) 3 shall be elected for a term of 2 years.

RSNL1990 cP-13 Rep.

37. The Physiotherapy

Act is repealed.

Earl G. Tucker, Queen's Printer