Bill 34 — Second Session, 21St Legislature, 36 Elizabeth Ii the Legislative Assembly of Alberta Bill 34 Occupational Therapy Profession Act (Legislature 21, Session 2)

L21 S2 3081

Alberta — Bills

1987 BILL 34 Second Session, 21st Legislature, 36 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 34 OCCUPATIONAL THERAPY PROFESSION ACT MR. JONSON First Reading Second Reading Committee of the Whole Third Reading Royal Assent

Bid 34 Mr Jonson BILL 34 1987 OCCUPATIONAL THERAPY PROFESSION ACT (Assented to , 1987) Table of Contents

Definitions 1

Part 1 Exclusive Use of Title Exclusive use of title 2 Injunction 3

Part 2 Association of Registered Occupational Therapists Association 4 Council 5 Composition of Council 6

Part 3 Registration Register 7 Registrar 8 Duties of Registrar 9 Decision of Registrar and review 10 Approved occupational therapy education program 11 Application for registration ^ 2 Registration ' ^ Annual certificate ^^ Restricted permit ^ ^

Part 4 Suspension and Cancellation Suspension and cancellation |^ Cancellation by request j ^ Cancellation Duty of Registrar 1 19 Notice to Minister j;: Falsely obtained registration Misrepresentation of status

Part 5 Practice Review Board Practice Review Board Powers of the Board Duties on conclusion of inquiry or review 1 23 24 25

Part 6 Discipline

Definitions Discipline Committee Unskilled practice or professional misconduct Complaint Preliminary investigation Report of preliminary investigation Referral to Discipline Committee Notice Complainant's appeal to Discipline Committee Suspension pending decision Rights of investigated person Notice of hearing Further investigation Evidence before Discipline Committee Witnesses Attendance of witnesses and production of documents Failure to attend or give evidence Hearing in absence of investigated person Findings of Discipline Committee Orders of Discipline Committee Payment of costs and fine Written decision Service of decision and record of hearing Examination of record Rehearing Stay pending appeal Appeal to Council Notice and hearing of appeal Council's powers on appeal Appeal to Court Appeal on the record Power of Court on appeal

Part 7 General Recognition of order, direction or decision Service of documents Certificate of Registrar Protection from liability

Part 8 Regulations and By-laws Regulations By-laws

Part 9 Penalties Penalties

Part 10 Transitional and Commencement Registration continued Officers continued Coming into force

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: tefinitions 1 In this Act, (a) "approved occupational therapy education program" means an occupational therapy education program designated as an ap proved occupational therapy education program under

section 11; (b) "Association" means The Alberta Association of Registered Occupational Therapists; (c) "by-laws" means by-laws of the Council made pursuant to

section 63; (d) "Council" means the Council of the Association; (e) "Discipline Committee" means the Discipline Committee es tablished under this Act; (f) "Minister" means the member of the Executive Council charged by the Lieutenant Govemor in Council with the admin istration of this Act; (g) "occupational therapist" means a person who is issued a cer tificate of registration as an occupational therapist under this Act and who holds an annual certificate; (h) "practice of occupational therapy" means the provision of services that focus on self-care, work and leisure through the identification or assessment of human physical, emotional, de velopmental or cognitive dysfunction from whatever cause in order to alleviate the dysfunction, restore, improve or maintain optimal function or develop latent ability, and may include (

i) the application and

interpretation of selected evaluative procedures and assessments, (ii) the planning, administration and evaluation of restora tive, developmental, preventive, educational and health maintenance programs, and (iii) the provision of consultative, advisory, research and other professional services to complement or implement the ser vices referted to in this clause; (i) "Practice Review Board" means the Practice Review Board established under this Act; 0) "Registrar" means the Registrar appointed under

section 8; (k) "restricted practitioner" means a person registered in a reg ister referted to in

section 9(1 )(

b) who is entitled to practise oc cupational therapy subject to conditions or restrtctions, but does not include an occupational therapist; (1) "Universities Co-ordinating Council" means the Universities Co-ordinating Council established under the Universities Act.

Exclusive use of title Injunction PARTI EXCLUSIVE USE OF TITLE 2(1) No person except an occupational therapist shall (

a) use the title "occupational therapist" or any other abbreviation of those titles alone or in combination other word, or (

b) use the initials "O.T." or any other initials either a combination with any other word, letter, symbol, inii breviation, except when designating a degree, to represent expressly or by implication that the person ii pational therapist, or use any title, name, description, abt letter or symbol representing the title "occupational therap initials "O.T.".

(2) No person except an occupational therapist shall rej hold out expressly or by implication that he is an occupati apist.

(3) This

section does not apply to a restricted practitioner in

section 9(l)(b)(iii). 3 The Court of Queen's Bench, on application by the C way of originating notice, may grant an injunction enjo person from doing any act that contravenes

section 2, notv ing any penalty that may be provided by this Act in respe contravention. Association Council

PART 2 ASSOCIATION OF REGISTERED OCCUPATIONAL THEF 4(1) There is hereby established a corporation to be ca: Alberta Association of Registered Occupational Therapists

(2) The Association has the capacity and, subject to this rights, powers and privileges of a natural person. 5(1) There is hereby estabhshed a goveming body of the Ai called the Council.

(2) The Council shall manage and conduct the business a of the Association and exercise the rights, powers and pri the Association in the name of and on behalf of the Associ

(3) The Council shall submit to the Minister an annual rep matters of the business and affairs of the Association that ister requires in a form satisfactory to him.

(4) The Minister shah, on receipt of the annual report of ciation, lay it before the Legislative Assembly if it is then si 11 it is not then sitting, within 15 days after the commen( the next ensuing sitting.

.mposition 6(1) The Council shall consist of Council (

a) not fewer than 6 occupational therapists or a greater number that may be prescribed by or determined in accordance with the by-laws, each of whom shall be elected in accordance with the by-laws; (

b) when the number of persons elected under clause (

a) does not exceed 10, 1 member of the public, or, when the number of per sons elected under clause (

a) is more than 10, 2 members of the public, who shall be appointed by the Minister, after consultation with the Council, for a 2-year term of office; (

c) ex officio members, if any, appointed by the Council.

(2) A member of the public referred to in subsection (l)(

b) continues to hold office after the expiry of his term of office until he is reap pointed or his successor is appointed.

(3) The Minister may revoke the appointment of a member of the pubhc referted to in subsection (l)(b).

(4) The Minister may pay to a member of the public referred to in subsection (l)(

b) travelling and living expenses incurred by that member for his attendance at a meeting of the Council while away from his usual place of residence and fees in an amount prescribed by the Minister.

(5) The powers, duties and operations of the Council under this Act, the regulations and the by-laws are not affected by (

a) the fact that no one is appointed as a member of the Council under subsection (l)(b), (

b) the revocation under subsection (3) of the appointment of a member of the Council, or (

c) the resignation from the Council of a member appointed under subsection (l)(b).

(6) The failure of a member of the public appointed under subsec tion (l)(

b) to attend a meeting of the Council shall not be constmed to affect or restrict the Council in exercising any powers or perform ing any duties under this Act, the regulations or the by-laws at that meeting.

(7) The members of the Council elected under subsection (1) shall elect from among themselves the officers of the Association specified in the by-laws in the manner and for the term prescribed by the by laws.

(8) An ex officio member does not have voting rights on the Council.

PART 3 REGISTRATION «ister 7 The Council shall establish a register of occupational therapists. gistrar 8 The Council shall appoint a Registrar for the purposes of this Act. itiesof 9(1) The Registrar shall maintain, subject to the direction of the Council, the following registers: (

a) a register of occupational therapists;

(

b) a register for each of the following classes of rest titioner: (

i) graduates of an occupational therapy educati^ that has not been designated as an approved o therapy education program under

section 11; (ii) graduates of an approved occupational therap program who have not complied with

section 12( (iii) researchers, educators or other persons fr Alberta who engage in the practice of occupationa Alberta on an exchange program or other tempor (iv) other persons who, pursuant to the regulatic registered as restricted practitioners.

(2) The Registrar shall, during regular office hours, pern son to inspect the registers described in subsection (1).

(3) The Registrar shall consider an application for the re§ an applicant as an occupational therapist, and may (

a) approve the registration, (

b) refuse to approve the registration, or (

c) defer the approval of registration until the applic tained further experience of a kind and for a period Registrar in accordance with the regulations.

(4) The Registrar, in accordance with the regulations, ma register refemed to in subsection (l)(

b) the name of a pe application for registration has been deferted under subse Decision of 10(1) The Registrar shah send a written notice of a dec and'revTew by him to the apphcant within 60 days of receipt of the £

(2) If the decision of the Registrar is to refuse or defer of the applicant, reasons for the decision shall be sent u the applicant.

(3) An applicant whose application for registration is ref ferred may within 30 days of receiving a notice of refusal Council to review the application by serving on the Regii ten request for a review by the Council setting out the n in his opinion, his application for registration as an o therapist should be approved.

(4) The Council shall, after receipt of a request for re subsection (3), review the applicant's application for reg an occupational therapist.

(5) An apphcant who requests a review pursuant to subs (

a) shall be notified in writing by the Council of the shah be established within 60 days of receipt of the review, and the place and time at which the Council the apphcant's application, and

Approved occupational therapy education program (

b) is entitled to appear with counsel and make representations to the Council at the review of his application.

(6) On reviewing an application under this section, the Council may make any decision the Registrar could have made. 11(1) The Universities Co-ordinating Council may grant to and withdraw from an academic institution the designation "approved occupational therapy education program".

(2) A grant or withdrawal of a designation under subsection (1) is subject to the approval of the Lieutenant Govemor in Council. Application for 12(1) An application for registration as an occupational therapist registration gj^^ji ^Q approved by the Registrar if the applicant (

a) produces documentation satisfactory to the Registrar that shows that (

i) the applicant has obtained an undergraduate degree in oc cupational therapy from an approved occupational therapy education program, or (ii) the Universities Co-ordinating Council is satisfied that the applicant's academic qualifications are substantially equivalent to an undergraduate degree in occupational ther apy from an approved occupational therapy education pro gram, (

b) has completed field work as required by the Universities Co ordinating Council, (

c) has passed an examination as approved by the Universities Co-ordinating Council, and (

d) meets the character and other requirements prescribed in the regulations.

(2) Notwithstanding subsection (1), the Registrar shall approve an application for registration as an occupational therapist if the appli cant (

a) produces documentation satisfactory to the Registrar that shows that he was eligible for membership in the Alberta Asso ciation of Registered Occupational Therapists on January 31, 1986, and (

b) applies for registration as an occupational therapist within 2 years after this Act comes into force. RegistrBtion 13(1) The Registrar shall enter in the register of occupational thera pists the name of a person (

a) whose application for registration as an occupational thera pist has been approved under this Act, and (

b) who has paid the fees prescribed by the by-laws.

(2) On entering the name of a person in the register of occupational therapists, the Registrar shall issue a certificate of registration to him.

Annual certificate 14(1) An occupational therapist shah pay the annual fee i by the by-laws to the Registrar or to any person authoriz Registrar to accept payment of the fee.

(2) The Registrar shall issue an annual certificate in the 1 scribed by the by-laws to an occupational therapist (

a) whose registration is not under suspension or cance (

b) who meets any requirements or conditions prescrit regulations for the issuance of an annual certificate, anc (

c) who has complied with subsection (1).

(3) Subject to this Act, an annual certificate entitles an occ therapist to practise occupational therapy as an occupatioi pist during the year for which the annual certificate is issue Restricted permit 15(1) The Registrar shah issue a restricted permit in the f scribed in the by-laws to a person whose name is registi register referted to in

section 9(1 )(b).

(2) The holder of a restricted permit shall not practise occi therapy except in accordance with the conditions or restricti ified on the permit.

(3) A restricted permit (

a) is valid for up to 1 year, and (

b) may be renewed not more than twice in consecutive at the discretion of the Council.

PART 4 SUSPENSION AND CANCELLATION Suspension and cancellation 16(1) The certificate of registration or annual certificate of pational therapist or the permit of a restricted practition( pended when a decision to suspend the certificate of reg annual certificate or permit is made in accordance with thii

(2) The Registrar shah, after a decision to suspend a ceri registration, an annual certificate or a permit has been mad memorandum of the suspension in the appropriate register ing (

a) the period of the suspension, and (

b) the reason for the suspension.

(3) The certificate of registration or annual certificate of ai tional therapist or the permit of a restricted practitioner is when a decision to cancel the certificate of registration, an tificate or permit is made in accordance with this Act.

(4) The Registrar shall, after a decision to cancel a certifica istration, an annual certificate or a permit has been mad( memorandum of the cancellation in the register, indicating (

a) the date of the cancellation, and (

b) the reason for the cancellation. 8

ancellation >l request ancellation

(5) The Registrar shall not remove from the registers any memoran dum made by him under subsection (2) or (4), except in accordance with the by-laws. 17(1) The Registrar shall not cancel the registration of an occupa tional therapist or restricted practitioner at his request unless the request for the cancellation has been approved by the Council.

(2) When a request for the cancellation of registration is approved by the Council, the Registrar shall cancel that registration and enter a memorandum to that effect in the register. 18(1) The Council may direct the Registrar to cancel, in accordance with subsection (2), the certificate of registration or annual certificate of an occupational therapist or the permit of a restricted practitioner who defaults in the payment of any fee, penalty, cost, dues or levy payable under this Act, the regulations or the by-laws.

(2) The Registrar may cancel a certificate of registration, annual cer tificate or permit if the default referred to in subsection (1) continues for more than 30 days after the service on the occupational therapist or restricted practitioner of a notice in accordance with subsection (3).

(3) The notice under subsection (2) shall state that the Registrar may cancel a certificate of registration, annual certificate or permit unless the fee, penalty, cost, dues or levy is paid as indicated in the notice.

(4) The Council may direct the Registrar to cancel a registration made in ertor.

(5) If the certificate of registration or annual certificate of an occu pational therapist or the permit of a restricted practitioner has been cancelled under this Act, the occupational therapist or restricted practitioner shall surrender to the Registrar the certificate of registra tion, annual certificate or permit, as the case may be.

(6) The Council may direct the Registrar, subject to any conditions respecting the payment of artears and any reinstatement fee that the Council may prescribe, (

a) to reinstate in the register a registration that was cancelled under subsection (1), and (

b) to re-issue a certificate of registration, an annual certificate or a permit, as the case may be. uty of Registrar 19 If the registration of an occupational therapist or restricted prac titioner has been suspended or cancelled, or the practice of an occu pational therapist or restricted practitioner has been limited by the Practice Review Board, Discipline Committee, Council or Court of Appeal, the Registrar shall notify the employer of the occupational therapist or restricted practitioner of the suspension, cancellation or limitation. 20 The Registrar shall notify the Minister in writing forthwith on (

a) the cancellation or suspension of the certificate of registration or annual certificate of an occupational therapist or the permit ot a restricted practitioner, and 3tice to inister

Falsely obtained registration (

b) the reinstatement or other termination of suspen cancelled or suspended certificate of registration, annu cate or permit. 21(1) If the Council is satisfied, after a hearing on the mati registration in a register established under this Act was ob means of any false or fraudulent representation or declarati( oral or written, the Council may order that the registratioi celled, and the certificate of registration, annual certificate c as the case may be, shall be surtendered in accordance wit 18(5).

(2) Part 6 applies to a hearing held by the Council under si (1). Misrepresenta- 22 The conduct of an occupational therapist or a restricte tion of status tionor who is or was registered under this Act and represents out that he is registered and is in good standing while his rej is suspended or cancelled constitutes professional miscondi

PART 5 PRACTICE REVIEW BOARD Practice Review Board 23(1) There is hereby established a Practice Review Boj posed of not fewer than 4 persons as follows: (

a) not fewer than 3 occupational therapists who, in the of the Council, have a combination of knowledge and e? suitable for determining the academic qualifications and requirements necessary for a person to continue to pra cupational therapy and are appointed by the Council, ai (b) 1 person appointed by the Minister from a list of than 3 members of the public nominated by the Counci

(2) If the Council fails, within a reasonable period of time ai requested to do so by the Minister, to make nomination purposes of subsection (l)(b), the Minister may appoint a m the public to the Practice Review Board without the Counc ination.

(3) A member of the Practice Review Board appointed ur

section (l)(

b) continues to hold office after the expiry of hi; office until he is reappointed or his successor is appointed.

(4) The Minister may pay to the member of the Practice Board appointed under subsection (l)(

b) travelling and li penses incurred by that member for attendance at a hearii Board away from his usual place of residence and fees in ar prescribed by the Minister.

(5) The Minister may, after consultation with the Counci the appointment of the member of the Practice Review B pointed under subsection (l)(b).

(6) The powers, duties and operations of the Practice Revi( under this Act, the regulations and the by-laws are not affe( 10

iwers of e Board (

a) the fact that no member of the public is appointed as a mem ber of the Board under subsection (l)(b), (

b) the revocation under subsection (5) of the appointment of a member of the public, or (

c) the resignation as a member of the Board of a member of the public.

(7) The failure of a member of the public appointed under subsec tion (l)(

b) to attend a meeting of the Practice Review Board shall not be constmed as affecting or restricting the Board from exercising any powers or performing any duties under this Act, the regulations or the by-laws at that meeting. 24(1) The Practice Review Board (

a) may, on its own initiative, and shall, at the request of the Council, inquire into and report to and advise the Council in respect of (

i) the assessment and development of educational standards and experience requirements that are conditions precedent to continuing registration under this Act, (ii) the evaluation of desirable standards of competence of occupational therapists and restricted practitioners generally, (iii) any other matter that the Board from time to time con siders necessary or appropriate in connection with the exer cise of its powers and the performance of its duties in relation to competence in the practice of occupational therapy under this Act and the regulations, and (iv) the practice of occupational therapy generally, and (

b) may conduct, in accordance with this Act and the regulations a review of the practice of an occupational therapist or restrtcted practitioner.

(2) Sections 39 to 43 apply to any matter referted to or initiated by the Practice Review Board as if that Board were the Discipline Com mittee. •mieson 25(1) After each inquiry or review under

section 24, the Practice inclusion of Rgview Board (

a) shall make a written report to the Council on the inquiry or review and, where appropriate, on its decision, (

b) may make recommendations to the Council regarding the matter inquired into or reviewed, with reasons for the recom mendations, (

c) may make recommendations to an occupational therapist or restricted practitioner as to his conduct m the practice of occu pational therapy, and 11 iquiry or review

(

d) if it is of the opinion that the conduct of an oc therapist or restricted practitioner constitutes or may either unskilled practice of occupational therapy or pi misconduct within the meaning of

section 28, (

i) shall forthwith refer the matter relating to that ( the Registrar for an inquiry under

Part 6, and in s the Registrar shall deal with the refertal as if it we plaint, and (ii) may, if it makes a refertal under subclause ( mend to the president of the Association that the of registration or annual certificate or both of th tional therapist or the permit of the restricted praci temporarily suspended pending the outcome of pi under

Part 6.

(2) On receiving a recommendation under subsection (l)i president may suspend the certificate of registration, anm cate or permit accordingly.

(3) The occupational therapist or restricted practitioner m ing an originating notice with the Court of Queen's Bench ing a copy on the chairman of the Practice Review Board, an order of the Court staying the decision of the president,

Definitions Discipline Committee

PART 6 DISCIPLINE 26 In this Part, (a) "chairman" means the chairman of the Discipline tee and includes a vice-chairman; (b) "conduct" includes any act or omission; (c) "investigated person" means (

i) an occupational therapist or restricted practitior (ii) in a case to which

section 29(3) applies, a fori pational therapist or former restricted practitioner with respect to whose conduct an investigation or heari under this Part. 27(1) There is hereby established a Discipline Committee ( of not fewer than 4 persons as follows: (

a) not fewer than 3 occupational therapists appoint Council in accordance with the by-laws, and (b) 1 person who is appointed by the Minister from a fewer than 3 members of the public nominated by the

(2) If the Council fails, within a reasonable period of time i requested to do so by the Minister, to make nominatioi purposes of subsection (l)(b), the Minister may appoint a r the pubhc to the Discipline Committee without the Counc nation. 12

(3) A member of the Discipline Committee appointed under subsec tion (l)(

b) continues to hold office after the expiry of his term of office until he is reappointed or his successor is appointed.

(4) The Minister may pay to the member of the Discipline Commit tee appointed under subsection (l)(

b) travelling and living expenses incurted by that member for attendance at a hearing of the Commit tee away from his usual place of residence and fees in an amount prescribed by the Minister.

(5) The Minister may, after consultation with the Council, revoke the appointment of the member of the Discipline Committee ap pointed under subsection (l)(b).

(6) The powers, duties and operations of the Discipline Committee are not affected by (

a) the fact that no member of the public is appointed as a mem ber of the Committee under subsection (l)(b), (

b) the revocation under subsection (5) of the appointment of a member of the public, or (

c) the resignation as a member of the Committee of a member of the public.

(7) The failure of a member of the pubhc appointed under subsec tion (l)(

b) to attend a meeting of the Committee shah not be con stmed as affecting or restricting the Committee from exercising any powers or performing any duties at that meeting. Unskilled 28(1) Any conduct of an occupational therapist or restricted practi- professionai tioucr that, in the opinion of the Discipline Committee, misconduct (

a) is detrimental to the best interests of the public, (

b) contravenes this Act or the regulations, (

c) harms or tends to harm the standing of the profession of occupational therapy generally, or (

d) displays a lack of knowledge of or lack of skill or judgment in the practice of occupational therapy, whether or not that conduct is disgraceful or dishonourable, may constitute either unskilled practice of occupational therapy or profes sional misconduct, whichever the Discipline Committee finds.

(2) If an investigated person contravenes this Act, the regulations or the by-laws, and the contravention is, in the opinion of the Discipline Committee, of a serious nature, the contravention may be found by the Discipline Committee to be professional misconduct whether or not it would be so found under subsection (1). Complaint 29(1) A porson may complain in writing to the Registrar about the conduct of an occupational therapist or restricted practitioner, and the complaint shall be dealt with in accordance with this Part and the regulations.

(2) A complaint under subsection (1) shall be accompanied by an address for service for the complainant. 13

Preliminary investigation Report of preliminary investigation

(3) A complaint respecting the conduct of an occupation, or restricted practitioner whose certificate of registration, { tificate or permit, as the case may be, was cancelled or pursuant to this Act may, notwithstanding the cancellati pension, be dealt with within 5 years following the date c tion or suspension as if the cancellation or suspension h curted. 30 The Registrar (

a) shall, in a case where a complaint in writing is ma under

section 29, forthwith on receipt of the complain (

b) may, in a case where he believes the conduct of a tional therapist or restricted practitioner constitutes or stitute unskilled practice of occupational therapy or pi misconduct, commence or appoint a person or persons to commence nary investigation into the conduct of the occupational tl: restricted practitioner, and shall, orally or in writing, noti cupational therapist or restricted practitioner that a prelir vestigation into his conduct will be conducted, giving reaso ticulars of the matter to be investigated. 31(1) A person conducting a preliminary investigation ma (

a) request any person to answer any questions and t( to him any models, charts, documents, papers, notes, re other materials and things relevant to the investigation (

b) copy and keep copies of any of the things that are to him under clause (a).

(2) A person conducting a preliminary investigation may i any other matter related to the professional conduct or ski tice of the investigated person that arises in the course of ligation.

(3) If an occupational therapist or restricted practitioner do operate with a person conducting a preliminary investig person conducting the preliminary investigation may mal plaint in writing to the Discipline Committee, and the refusal to co-operate may be held by the Discipline Comm: professional misconduct.

(4) A person conducting a preliminary investigation shah, on concluding the preliminary investigation, report his fine (

a) the Registrar, if the Registrar is not conducting thi nary investigation, or (

b) a member of the Disciphne Committee, if the R conducting the preliminary investigation. 14

S^ ^l ^^^ ^^8^5^'- o'- the member of the Discipline Committee to cStoe whom a report is provided under

section 31(5) shall forthwith (

a) direct that no further action be taken, if he is of the opinion that (

i) the complaint is frivolous or vexatious, or (ii) there is insufficient evidence of unskilled practice of oc cupational therapy or professional misconduct, or (

b) refer the matter under investigation in writing to the Disci pline Committee. Notice 33 The Registrar or the member of the Discipline Committee shall serve on the investigated person and on the complainant, if any, a notice that no further action will be taken or that the matter has been referted to the Discipline Committee, as the case may be. Complainant's 34(1) A Complainant who is served with a notice under

section 33 Discfpiine that uo further action will be taken may, within 30 days of the receipt of the notice and by notice in writing to the Registrar, appeal that direction to the Discipline Committee.

(2) On an appeal under subsection (1), the Discipline Committee shall determine whether (

a) the complaint is frivolous or vexatious, or (

b) there is sufficient evidence of unskilled practice or profes sional misconduct, and the matter under investigation should be the subject of a hearing.

Committee Suspension pending decision Rights of investigated person and shall notify the complainant in writing of its decision. 35(1) Notwithstanding anything in this Act, the chairman may rec ommend to the president of the Association that the certificate of registration or annual certificate or both of the occupational therapist or the permit of the restricted practitioner be temporarily suspended pending the outcome of proceedings under this Part, and the presi dent may suspend the certificate of registration, annual certificate or permit accordingly.

(2) The investigated person may, by filing an originating notice with the Court of Queen's Bench and serving a copy on the chairman, apply for an order of the Court staying the decision of the president. 36(1) The Association and the investigated person may appear and be represented by counsel at a hearing before the Discipline Com mittee.

(2) The Discipline Committee may be represented by counsel at a hearing before the Committee.

(3) Proceedings before the Discipline Committee or the Council shall be held in private. 15

Notice of hearing 37(1) On refortal to it of a matter under

section 32(

b) oi mining under

section 34(2)(

b) that a hearing should be Discipline Committee shaU hold a hearing.

(2) The hearing referted to in subsection (1) shall be schee date not more than 90 days after the date on which the referted to the Discipline Committee or the determinatioi or within such other period as may be prescribed by the C the matter.

(3) The Registrar shall cause to be served on the investigai at least 15 days before the hearing date a notice of heari the date, time and place that the Discipline Committee v hearing and giving reasonable particulars of the complaint in respect of which the hearing will be held.

Further investigation 38 The Discipline Committee may investigate and hear matter related to the professional conduct or skill in praci investigated person that arises in the course of an invest hearing, but in that event the Discipline Committee shall person at least 15 days before the hearing of the matter w of its intention to do so, giving reasonable particulars of t to be investigated. Evidence before 39(1) Evidonco may be given before the Discipline Con cimmu"tee any manner that the Committee considers appropriate, and mittee is not bound by the mles of law respecting evidence i to judicial proceedings.

(2) For the purposes of an investigation, hearing or review i Act, the Registrar, a person appointed by him under secti( any member of the Council, the Discipline Committee or tice Review Board are conferted with the powers of a com for oaths under the Commissioners for Oaths Act. Witnesses 40(1) The investigated person and any other person wh opinion of the Discipline Committee, has knowledge of plaint or matter being investigated is a compellable witne proceeding under this Part.

(2) A witness may be examined under oath on all matter to the investigation or hearing before the Discipline Comn shall not be excused from answering any question on the gr the answer might tend to (

a) incriminate him, (

b) subject him to punishment under this Act, or (

c) establish his liability (

i) to a civil proceeding at the instance of the Cn any other person, or (ii) to prosecution under any Act, but if the answer so given tends to incriminate him, subje punishment or estabhsh his liability, it shall not be used oi against him in any civil proceedings, in a prosecution unde 16

Attendance of witnesses and production of documents or in any proceeding under any other Act, except in a prosecution for or proceedings in respect of perjury or the giving of contradictory evidence.

(3) For the purpose of obtaining the testimony of a witness who is out of Alberta, a judge of the Court of Queen's Bench on an appli cation made ex parte by the Association may direct the issuing of a commission to obtain the evidence of the witness, and the commis sion shall be issued and the evidence taken pursuant to the Rules of Court. 41(1) The attendance of witnesses before the Discipline Committee and the production of models, charts, documents, papers, notes, rec ords and other materials and things may be enforced by a notice issued by the Registrar requiring the witness to attend and stating the date, time and place at which the witness is to attend and the models, charts, documents, papers, notes, records and other materials and things, if any, he is required to produce.

(2) On the written request of the investigated person or of his coun sel or agent, the Registrar shall without charge issue and deliver to that person or his counsel or agent any notices that he requires for the attendance of witnesses or for production under subsection (1).

(3) A witness other than the investigated person who has been served with a notice to attend or a notice for production under subsection (1) or (2) is entitled to be paid the same fees in the same manner as are payable to a witness in an action in the Court of Queen's Bench. Failure to attend 42( 1) Proceedings for civil contempt of court may be brought against orgiveevidence ^ ^i^neSS (

a) who fails (

i) to attend before the Discipline Committee in compliance with a notice to attend, or (ii) to produce any models, charts, documents, papers, notes, records and other materials or things in compliance with a notice to produce them. Hearing in absence of investigated person or (

b) who refuses to be swom or to answer any question he is directed to answer by the Discipline Committee.

(2) If the witness referted to in subsection (1) is the investigated person, his failure or refusal may be held to be professional miscon duct. 43 The Discipline Committee, on proof of service of the notice of hearing in accordance with this Act on the investigated person, may (

a) proceed with the hearing in the absence of the investigated person, and (

b) act, decide or report on the matter being heard in the same way as though the investigated person were in attendance. 17

Findings of Discipline Committee Orders of Discipline Committee 44(1) The Discipline Committee may find that the condi investigated person constitutes neither unskilled practice o tional therapy nor professional misconduct.

(2) The Discipline Committee may find that the conduct vestigated person constitutes unskilled practice of occupatic apy or professional misconduct, or both, and shall deal investigated person in accordance with this Part. 45(1) If the Discipline Committee finds that the conduct vestigated person constitutes unskilled practice of occupatic apy or professional misconduct, or both, the Committee m any 1 or more of the following orders: (

a) that the investigated person hf, reprimanded; (

b) that the certificate of registration or annual certificate, of an occupational therapist or the permit of a restricte tioner be suspended, either generally or with respect to of the practice of occupational therapy for a stated peric (

c) that the certificate of registration or annual certificate, of an occupational therapist or the permit of a restricte tioner be suspended, either generally or with respect to of the practice of occupational therapy, until (

i) he has completed a specified course of studies or supervised practical experience, or (ii) the Committee is satisfied as to the competenc investigated person generally or in that specified field tice; (

d) that, in place of a suspension, the investigated perso take to limit his practice; (

e) that conditions be imposed on the investigated perso tice of occupational therapy generally or in any field ofi tice, including any of the following conditions: (

i) that he practise under supervision; (ii) that he not engage in sole practice; (iii) that he permit periodic inspections by a person ized by the Council; (iv) that he report to the Committee or Council on matters; (

f) that the investigated person pass a particular course or satisfy the Committee or Council as to his practical tence generally or in any field of the practice of occi therapy; (

g) that the investigated person satisfy the Committee tl ability or addiction can be or has been overcome, and person's certificate of registration, annual certificate or p suspended until the Committee is so satisfied- 18

(

h) that the investigated person take counselling that in the opin ion of the Committee is appropriate; (

i) that the investigated person waive, reduce or repay a fee for services rendered by the investigated person that, in the opinion of the Committee, were not rendered or were improperly ren dered;

G) that the certificate of registration or annual certificate, or both, of an occupational therapist or the permit of a restricted practi tioner be cancelled.

(2) The Discipline Committee may make any ancillary order that is appropriate or required in connection with any order mentioned in subsection (1) or may make any other order that it considers appro priate in the circumstances, including (

a) that a further or new investigation be held into any matter, (

b) that the Disciphne Committee be convened to hear a com plaint without a preliminary investigation, (

c) that a matter be referred to the Practice Review Board, or (

d) that a complaint or conduct be referted to any other entity having jurisdiction to review complaints.

(3) If the Discipline Committee is satisfied that an investigated per son has contravened an order under subsection (1) it may, without necessity of a further hearing, cancel or suspend his certificate of registration, annual certificate or permit, as the case may be, subject to any terms it considers appropriate and shall serve the investigated person with notice of the cancellation or suspension. Payment of 46(1) The Disciphne Committee may, in addition to or instead of costs and fine dealing with the conduct of an investigated person in accordance with

section 45, order that the investigated person pay (

a) all or part of the costs of the hearing or appeal, as determined in accordance with the regulations, (

b) to the Association, a fine not exceeding $5000 for each finding of unskilled practice or professional misconduct and $10 000 in the aggregate for all such findings arising out of the hearing, or (

c) both the costs under clause (

a) and the fine under clause (

b) within the time set by the order.

(2) If a person ordered to pay a fine, costs or both under subsection (1) fails to pay the fine or costs within the time ordered, the Council may suspend the certificate of registration, annual certificate or per mit of the person, as the case may be, until he has paid the fine and costs and shah serve the person with notice of the suspension.

(3) A fine or costs ordered to be paid to the Association under this

section are a debt due to the Association and may be recovered by the Association by civil action for debt. 19

(5) The Council on an appeal may (

a) grant adjoumments of the proceedings or reserve the deter mination of the matters before it for a future meeting of the Council, (

b) on granting special leave for that purpose, receive further evidence, and (

c) draw inferences of fact and make a determination or finding that, in its opinion, ought to have been made by the Discipline Committee.

(6) The Council shall, within 90 days from the date of the conclusion of all proceedings before it, do all or any of the following: (

a) make any finding that in its opinion ought to have been made by the Discipline Committee, (

b) quash, vary or confirm the finding or order of the Discipline Committee or substitute or make a finding or order of its own, or (

c) refer the matter back to the Discipline Committee for further consideration in accordance with any direction that the Council may make.

(7) The Council may make any award as to costs in proceedings, whether before it or the Discipline Committee, that it considers ap propriate.

(8) The Council shall, within a reasonable time after the conclusion of the proceedings before it, give its decision in writing, in which it shall (

a) describe each finding made by it, (

b) state the reasons for each finding, and (

c) state any order made by it and shall forward the decision to the Registrar.

(9) The Registrar shall serve (

a) a copy of the decision on the investigated person and the Council, and (

b) a notice of the decision on the complainant, if any. Appeal to Court 55(1) All investigated person or the Association may appeal to the Court of Appeal any finding or order made by the Council under

section 54.

(2) An appeal under this

section shall be commenced (

a) by fihng a notice of appeal with the Registrar of the Court at Edmonton or Calgary, and (

b) by serving a copy of the notice of appeal (

i) on the Council where the investigated person is the ap- pehant, or 22

Appeal on the record Power of Court on appeal Recognition of order, direction or decision Service of documents Certificate of Registrar (ii) on the investigated person where the Association is the appellant, both within 30 days from the date on which the decision of the Council is served on the appellant. 56(1) The appeal to the Court of Appeal shall be founded on a copy of the record of the Council proceedings and its decision and a copy of the findings and orders of the Council and any further evidence received by the Council, all of which shall be certified by the Regis trar

(2) The procedure in an appeal shall be the same, with the necessary changes, as that provided in the Rules of Court for appeals from a judgment of a judge of the Court of Queen's Bench to the Court of Appeal. 57(1) The Court of Appeal on hearing the appeal may (

a) make any finding that in its opinion ought to have been made, (

b) quash, confirm or vary the order or decision of the Council or any part of it, (

c) refer the matter back to the Council for further consideration in accordance with any direction of the Court, or (

d) direct that a trial of any mixed questions of law and fact related to a finding or order or both a finding and an order of the Council under

section 54 be held before the Court of Queen's Bench.

(2) The Court of Appeal may make any award as to the costs of any appeal to it that it considers appropriate.

PART 7 GENERAL 58 No employer or other person shall knowingly require an occu pational therapist or restricted practitioner to perform a service or undertake any work that would result in the occupational therapist's or restricted practitioner's contravening an order, direction or deci sion of the Council or a court of competent jurisdiction. 59 When this Act, the regulations or the by-laws require that a document or notice be given to or served on any person, the docu ment or notice is sufficiently given or served if it is sent to him by single registered mail at the address last shown on the register or records of the Association or provided under

section 29. 60 A certificate purporting to be signed by the Registrar and stating that a named person was or was not, on a specified day or durtng a specified period, (

a) an occupational therapist or a restricted practitioner, or 23

Protection from liability (

b) an officer of the Association, a member of the Council or a member of a committee established by this Act, the regulations or the by-laws, shall be admitted in evidence as prima facie proof of the facts stated in it without proof of the Registrar's appointment or signature. 61(1) No action lies against (

a) a person conducting a preliminary investigation, a member of the Council or of a committee established by this Act, the Registrar or the Association, or any person acting on the instruc tions of any of them, or (

b) a member, officer or employee of the Association, for anything done by him in good faith and in purporting to act under this Act, the regulations or a by-law that relates to or is incidental to a professional matter or a matter of public interest that is or may be the subject of a regulation under

section 62.

(2) No action for defamation may be founded on a communication that consists of or pertains to the conduct of an occupational thera pist or restricted practitioner if the communication is pubhshed to or by (

a) the Association, (

b) the Registrar or a member of the Council, the Practice Re view Board or the Discipline Committee, (

c) a person conducting a preliminary investigation, (

d) an officer or employee of the Association, or (

e) a person acting on the instmctions of a person or entity re ferted to in clauses (

a) to (d), in good faith in the course of an investigation or proceeding con ducted under this Act in relation to the conduct. PARTS REGULATIONS AND BY-LAWS Regulations 62(1) The Council may make regulations (

a) respecting procedures for the registration of persons as occu pational therapists or restricted practitioners; (

b) estabhshing conditions, including character requirements, to be met by applicants for registration as occupational therapists or restricted practitioners; (

c) providing for the evaluation of experience and training re quirements for apphcants for registration as occupational thera pists and restricted practitioners and for the examination of those applicants with respect to those requirements; (

d) prescribing restrictions, conditions or limitations on the prac tice of occupational therapy by occupational therapists and re stricted practitioners; 24

(

e) providing for the kind and duration of further experience that may be required by the Registrar pursuant to

section 9(3)(c); (

f) providing for the registration, pursuant to

section 9(4), of a person whose application for registration has been deferred; (

g) respecting committees of inquiry for reinstatement under

Part 4, and goveming persons whose certificates of registration, annual certificates or permits have been suspended or cancelled under this Act; (

h) prescribing conditions to be met before an annual certificate is issued; (

i) respecting the procedures for hearings, inquiries, reviews and preliminary investigations by the Registrar or a person appointed by him, the Practice Review Board, the Discipline Committee and the Council in matters relating to the conduct or practice of occupational therapists and restricted practitioners whether or not a complaint has been made; (

j) respecting the costs payable by an occupational therapist or a restricted practitioner on the conclusion of an investigation or hearing by the Registrar, the Discipline Committee or the Coun cil; (

k) respecting reviews of the practice of an occupational therapist or restricted practitioner by the Practice Review Board or the Discipline Committee or a person authorized by that Committee; (1) goveming the publication of a notice of the suspension or cancellation of a certificate of registration, annual certificate or permit or of a reprimand in a form and manner prescribed by the Council; (

m) establishing and providing for the publishing of a code of conduct respecting the practice of occupational therapy, the maintenance of the dignity and honour of the profession of oc cupational therapy and the protection of the public interest; (

n) prescribing standards for the practice of occupational ther apy; (

o) goveming the nature or content of advertising, if any, which may be permitted; (

p) prescribing any additional mles applicable to a class of re stricted practitioner referted to in

section 9(1 )(b); (

q) respecting the establishment, contents and maintenance of registers referted to in

section 9(1 )(b).

(2) A regulation under subsection (1) does not come into force unless it is approved by (

a) a majority of members of the Association (

i) present and voting at a general meeting, or 25

(ii) voting in a mail vote conducted in accordance with the by-laws, and (

b) the Lieutenant Govemor in Council. By-laws 63(1) Tho Council may make by-laws (

a) for the govemment of the Association and the management and conduct of its affairs; (

b) determining the location of the head office of the Association; (

c) respecting the calling of and conduct of meetings of the As sociation and the Council; (

d) respecting the nomination, election, number and term of of fice of Council members, other than members appointed under

section 6(1 )(b), and officers of the Council and the Association; (

e) providing for the appointment of acting members and ex of ficio members of the Council and prescribing their powers, duties and functions; (

f) goveming, subject to this Act, the appointment of members of the Discipline Committee and the Practice Review Board, the designation of chairmen and vice-chairmen, the appointment of acting members and the procedures for filling vacancies on the Committee or the Board; (

g) goveming the establishment, operation and proceedings of committees, the appointment of members and of acting members and procedures for filling vacancies on committees; (

h) establishing honorary or other categories of membership in the Association and prescribing the privileges and obligations of the members of the categories; (

i) providing for the tenure of the Registrar and his additional duties, powers and functions, and the appointment of an Acting Registrar who has all of the powers and performs all of the duties of the Registrar under this Act, the regulations and the by-laws when the Registrar is absent or unable to act or when there is a vacancy in the office of Registrar;

G) prescribing the number of members that constitutes a quorum at meetings of the Association, the Council, the Practice Review Board or the Discipline Committee; (

k) providing for the delegation, with or without conditions, of any power or duty of the Council under this Act, the regulations or the by-laws, except the power to make or amend regulations or by-laws; (1) prescribing fees and expenses payable to members of the Council and of committees established under this Act, the regu lations or the by-laws for attending to the business of the Asso ciation; 26

Penalties (

m) respecting the establishment of and payment of sums of money for scholarships, fellowships and any other educational incentive or benefit program that the Association considers ap propriate; (

n) respecting the fees, dues and levies payable to the Association by occupational therapists and restricted practitioners; (

o) respecting the removal by the Registrar from the registers of a memorandum or entry made in them under this Act, the reg ulations or the by-laws; (

p) goveming the pubhcation of the names of applicants for reg istration by the Registrar; (

q) requiring occupational therapists and restricted practitioners to maintain an address in Alberta and to inform the Registrar in writing of that address and of any change in that address forth with after the change occurs; (

r) authorizing the Council to prescribe the form of a certificate of registration, an annual certificate, a permit and any other form or document that may be required for the purposes of this Act, the regulations or the by-laws; (

s) prescribing the date on which an annual certificate expires; (

t) respecting the holding of votes by mail on any matter relating to the Association; (

u) respecting the establishment and operation by the Council of a compulsory continuing education program for occupational therapists.

(2) A by-law under subsection (1) does not come into force unless it is approved by a majority of members of the Association (

a) present and voting at a general meeting, or (

b) voting at a vote conducted by mail in accordance with the by-laws.

(3) The Regulations Act does not apply to by-laws of the Association.

PART 9 PENALTIES 64(1) Every person who contravenes this Act is guilty of an offence and liable (

a) for a first offence, to a fine of not more than $2000, (

b) for a 2nd offence, to a fine of not more than $4000, and (

c) for a 3rd and every subsequent offence, to a fine of not more than $6000 or to imprisonment for a term of not more than 6 months or to both a fine and imprisonment.

(2) A prosecution under this

section may be commenced within 2 years after the commission of the alleged offence, but not afterwards. 27

PART 10 TRANSITIONAL AND COMMENCEMENT Registration 65 An individual who is a member of the Alberta Association of continued Registered Occupational Therapists at the time this Act comes into force is deemed to be registered as an occupational therapist under this Act. Officers 66 The officers of the Alberta Association of Registered Occupational continued Therapists at the time this Act comes into force are deemed to be members of the Council under this Act and shad continue in office untd their successors are elected or appointed. Coming 67 This Act comes into force on Proclamation. into force 28 Title: 1987 (21st, 2nd) Bill 34, Occupational Therapy Profession Act

Document details

Collection	Alberta — Bills
Citation	L21 S2 3081
Type	bill
Volume / chapter	L21 S2 3081
Language	en
Format	json
Source	PROVINCIAL
Identifier	fc7ee4cf7c928054802a24eebab8e54639799311

Source file is stored in the law ingest library (json).