O. Reg. 17/12: GENERAL


Published: 2012-02-17

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ontario regulation 17/12

made under the

Respiratory Therapy Act, 1991

Made: November 22, 2011
Approved: February 14, 2012
Filed: February 17, 2012
Published on e-Laws: February 21, 2012
Printed in The Ontario Gazette: March 3, 2012


Amending O. Reg. 596/94

(General)

1. Part VIII of Ontario Regulation 596/94 is revoked and the following substituted: 

PART VIII
REGISTRATION

Classes of Certificate, General

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

1. General.

2. Graduate.

3. Limited.

4. Inactive.

Application for Certificate of Registration

51. A person may apply for a certificate of registration by submitting a completed application in the form provided by the Registrar, together with the application fee.

52. It is a requirement for the issuing of a certificate of registration of any class that the applicant pay the required annual fee for that class of certificate.

Requirement for the Issuance of Certificates of Registration, Any Class

53. (1) An applicant for a certificate of registration of any class must satisfy the following requirements:

1. The applicant must fully disclose details of any criminal offence of which the applicant has been found guilty, including any offence under the Controlled Drugs and Substances Act (Canada) or the Food and Drugs Act (Canada).

2. The applicant must fully disclose details of every professional misconduct, incompetence, incapacity or other similar proceeding that he or she is the subject of  and that relates to his or her registration or licensure in Ontario in another profession or in another jurisdiction in respiratory therapy or another profession.

3. The applicant must fully disclose details of every finding of professional misconduct, incompetence, incapacity or other similar finding that he or she previously has been the subject of while registered or licensed in Ontario in another profession or in another jurisdiction in respiratory therapy or another profession.

4. The applicant’s past and present conduct afford reasonable grounds for belief that the applicant,

i. is mentally competent to practise respiratory therapy,

ii. will practise respiratory therapy with decency, integrity and honesty and in accordance with the law, and

iii. will display an appropriately professional attitude.

5. The applicant must be able to communicate effectively in English or French in a health care environment.

6. The applicant must be a Canadian citizen or a permanent resident of Canada or be authorized under the Immigration and Refugee Protection Act (Canada) to engage in the practice of respiratory therapy.

(2) An applicant shall be deemed not to have satisfied the requirements for a certificate of registration if the applicant made a false or misleading statement or representation in the application.

(3) An applicant who, after having applied but before being issued a certificate, is found guilty of an offence referred to in paragraph 1 of subsection (1) or becomes the subject of a proceeding or of a finding described in paragraph 2 or 3 of that subsection shall immediately inform the Registrar.

Conditions of Every Certificate

54. Every certificate of registration is subject to the following conditions:

1. The member shall provide to the Registrar at the first reasonable opportunity of the details of any of the following that relate to the member and that occur or arise after the registration of the member,

i. a finding of guilt relating to any offence,

ii. a finding of professional misconduct, incompetence, incapacity or other similar finding in Ontario in relation to another profession or in another jurisdiction in relation to respiratory therapy or another profession,

iii. a proceeding for professional misconduct, incompetence, incapacity or other similar proceeding in Ontario in relation to another profession or in another jurisdiction in relation to respiratory therapy or another profession.

2. The member must maintain professional liability insurance in the amount and in the form as required under the by-laws.

3. The member must provide information about himself or herself in the manner and in the form as required under the by-laws.

4. The member must pay any fees required under the by-laws.

Additional Requirements, General Certificate

55. (1) In addition to the requirements set out in section 53, an applicant for a general certificate of registration must satisfy the requirements set out in subsections (2), (4) and (5).

(2) Subject to subsection (7), an applicant must,

(a) have successfully completed a respiratory therapy program offered in Canada that, at the time of completion, was approved or accredited by the Council or by a body approved by the Council; or

(b) have,

(i) successfully completed a program offered outside Canada either in respiratory  therapy or in a closely related field that is acceptable to the Registration Committee, along with any additional education that is required by the Registration Committee, and

(ii)   demonstrated through an assessment process acceptable to the Registration Committee that he or she has knowledge, skills and judgment equivalent to those of a person who has successfully completed a program referred to in clause (a). 

(3) The College shall provide the applicant with a copy of the list of programs referred to in clause (2) (a) upon request.

(4) An applicant must have successfully completed the examinations set or approved from time to time by the Council which assess the generally accepted competencies for respiratory therapy.

(5) An applicant must have met the requirements of subsection (2) within the two years immediately preceding the application for registration unless the applicant was practising respiratory therapy within that two-year period.

(6) Subject to subsection (7) and to sections 56 and 57, the requirements in subsections (2) and (4) are non-exemptible.

(7) An applicant for a general certificate of registration is exempt from the requirements of subsection (2) if the applicant previously held a general certificate of registration and, before being issued the general certificate, held a limited certificate of registration.

Mobility — Unregulated Canadian Practitioner

56. An applicant for a general certificate of registration is exempt from the requirements of subsections 55 (2) and (4) if,

(a) the applicant is a member of a professional association of practitioners of respiratory therapy in another jurisdiction in Canada that does not have a statutory regulatory body for practitioners of respiratory therapy, if the professional association is recognized by the Registration Committee and the applicant has a general or full membership status in the professional association;

(b) the applicant has safely practised the profession in that jurisdiction, while holding the general or full membership status, in a manner that demonstrates that he or she could meet the current standards of practice of the profession in Ontario, within the two years immediately before the date of the application; and

(c) the occupational standards and requirements for practitioners of respiratory therapy who are members of a recognized professional association in that jurisdiction are, in the opinion of the Registration Committee, substantially equivalent to those for respiratory therapists registered in Ontario.

Mobility — Regulated Canadian Practitioner

57. (1) Where section 22.18 of the Health Professions Procedural Code applies to an applicant for a general certificate of registration, the requirements of subsections 55 (2), (4) and (5) are deemed to have been met by the applicant.

(2) Despite subsection (1), it is a non-exemptible requirement that an applicant referred to in subsection (1) provide a certificate, letter or other evidence satisfactory to the Registrar that the applicant is in good standing as a respiratory therapist in every jurisdiction where the applicant holds an out-of-province certificate.

(3) Where an applicant referred to in subsection (1) is unable to satisfy the Registrar that the applicant practised the profession to the extent that would be permitted by a general certificate of registration at any time in the two years immediately prior to the date of that applicant’s application, that applicant must meet any further requirement to undertake, obtain or undergo material additional training, experience, examinations or assessments, if any, that may be specified by a panel of the Registration Committee.

(4) An applicant referred to in subsection (1) is deemed to have met the requirements of paragraph 5 of subsection 53 (1) where the requirements for the issuance of the applicant’s out-of-province certificate included language proficiency requirements equivalent to those required by that paragraph.

(5) Despite subsection (1), an applicant is not deemed to have met a requirement if that requirement is described in subsection 22.18 (3) of the Health Professions Procedural Code. 

Additional Requirements, Graduate Certificate

58. (1) In addition to the requirements set out in section 53, an applicant for a graduate certificate of registration must meet the following requirements:

1. The applicant must have successfully completed the requirements of subsection 55 (2).

2. The applicant must not yet have completed the examinations referred to in subsection 55 (4).

(2) The College shall provide the applicant with a copy of the list of programs referred to in clause 55 (2) (a) upon request.

(3) An applicant must have met the requirements of subsection 55 (2) within the two years immediately preceding the application for registration unless the applicant was practising respiratory therapy in a jurisdiction outside Ontario within that two-year period.

(4) Subject to section 59, the requirements referred to in paragraphs 1 and 2 of subsection (1) are non-exemptible.

Mobility — Graduate Certificate

59. (1) Where section 22.18 of the Health Professions Procedural Code applies to an applicant for a graduate certificate of registration, the requirements of subsections 58 (1) and (3) are deemed to have been met by the applicant.

(2) Despite subsection (1), it is a non-exemptible requirement that an applicant referred to in subsection (1) provide a certificate, letter or other evidence satisfactory to the Registrar or a panel of the Registration Committee that the applicant is in good standing as a respiratory therapist in every jurisdiction where the applicant holds an out-of-province certificate.

(3) Where an applicant referred to in subsection (1) is unable to satisfy the Registrar that the applicant practised the profession to the extent that would be permitted by a graduate certificate of registration at any time in the two years immediately before the date of that applicant’s application, that applicant must meet any further requirement to undertake, obtain or undergo material additional training, experience, examinations or assessments, if any, that may be specified by a panel of the Registration Committee.

(4) An applicant referred to in subsection (1) is deemed to have met the requirements of paragraph 5 of subsection 53 (1) where the requirements for the issuance of the applicant’s out-of-province certificate included language proficiency requirements equivalent to those required by that paragraph.

(5) Despite subsection (1), an applicant is not deemed to have met a requirement if that requirement is described in subsection 22.18 (3) of the Health Professions Procedural Code. 

Conditions, Graduate Certificate of Registration

60. (1) In addition to the conditions set out in section 54, it is a condition of a graduate certificate of registration that the member shall,

(a) at the first reasonable opportunity, advise every employer of any terms, conditions and limitations that apply to the member’s graduate certificate of registration if their employment is in the field of respiratory therapy;

(b) subject to subsection 49 (2), only perform a controlled act that is authorized to the profession if it is performed under the general supervision of a member of a College within the meaning of the Regulated Health Professions Act, 1991

who, the member holding the graduate certificate has reasonable grounds to believe, is authorized to perform the controlled act and is competent to do so and who is available to be personally present at the site where the authorized act is performed on ten minutes notice; and

(c) not delegate a controlled act. 

(2) A graduate certificate is deemed to have been revoked 18 months after its date of issue. 

Limited Certificate of Registration

61. (1) A member who, on or before February 25, 1999, held a limited certificate of registration may continue to hold such a certificate, subject to such terms, conditions or limitations as may be specified on the certificate.

(2) A limited certificate of registration shall not be issued to a person other than a person referred to in subsection (1).

(3) A holder of a limited certificate who wishes to obtain registration in another class must satisfy the requirements for the certificate of the other class.

Inactive Certificate of Registration

62. (1) In addition to the requirements set out in section 53, an applicant for an inactive certificate of registration must meet the following requirements:

1. The applicant must be a member who holds a general or limited certificate of registration.

2. The applicant must notify the Registrar in writing of his or her intention to become an inactive member.

3. The applicant must pay any outstanding fees, including any annual fee owing for the current membership, penalty or other amount owed to the College.

(2) A member who holds an inactive certificate of registration may be reissued a general or limited certificate of registration, as the case may be, if the member,

(a) applies in writing to the Registrar for reinstatement;

(b) pays the annual fee in respect of the class of certificate of registration which is the subject of the application for reinstatement together with any other outstanding fee, penalty or other amount owed to the College; and

(c) satisfies a panel of the Registration Committee that he or she possesses the current knowledge, skill and judgment relating to the practice of the profession that would be expected of a member holding a certificate of registration of the type which is the subject of the application for reinstatement.

Conditions, Inactive Certificate of Registration

63. In addition to the conditions set out in section 54, it is a condition of an inactive certificate or registration that the member shall not,

(a) engage in providing direct patient care;

(b) use any title or designation listed in the Table to section 67;

(c) supervise the practice of the profession; or

(d) make any claim or representation to having any competence in the profession.

Resignation

64. A member may resign his or her membership by giving written notice to that effect to the Registrar and paying all outstanding fees, penalties or other amounts owed to the College.

Suspensions, Revocations, Etc.

65. (1) If a member fails to provide information about the member in the manner and in the form as required under the by-laws, the Registrar may give the member notice of intention to suspend the member and may suspend the member’s certificate of registration for failure to provide the information 30 days after notice is given.

(2) Where the Registrar suspends a member’s certificate of registration under subsection (1), the Registrar shall lift the suspension upon being satisfied that the required information has been filed with the College and that any fee required for the lifting of the suspension has been paid.

(3) Where the Registrar suspends a member’s certificate of registration pursuant to section 24 of the Health Professions Procedural Code, the Registrar shall lift the suspension upon being satisfied that any fee required for the lifting of that suspension has been paid.

66. (1) The Registrar may revoke a member’s certificate of registration if, after giving the member written notice and an opportunity to respond the Registrar is of the opinion that the member made, by commission or omission, a false or misleading representation or declaration on or in connection with their application.

(2) The Registrar shall revoke a member’s certificate of registration if the member’s certificate of registration was suspended under subsection 65 (1) or under section 24 of the Health Professions Procedural Code and that suspension has not been lifted under subsection 65 (2) or (3) by the last day of the College fiscal year in which the suspension was imposed.

Titles

67. A member who holds a certificate of registration listed in Column 1 of the Table to this section,

(a) may use a title listed in Column 2 or 3 opposite the certificate of registration; and

(b) shall use the designation listed in Column 4 opposite the certificate of registration.

table

 


Column 1


Column 2


Column 3


Column 4




Certificate of Registration


English Title


French Title


Designation




General


Registered Respiratory Therapist; or Respiratory Therapist


Thérapeute Respiratoire Autorisé(e); or Thérapeute Respiratoire


RRT




Graduate


Graduate Respiratory Therapist


Thérapeute Respiratoire Diplômé(e)


GRT




Limited


Practical Respiratory Therapist


Thérapeute Respiratoire Auxiliaire


PRT




Commencement

2. This Regulation comes into force on the day it is filed.

Made by:

Council of the College of Respiratory Therapists of Ontario:

Kevin Taylor

President

Christine Robinson

Registrar

Date made: November 22, 2011.

 

 

 

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