O. Reg. 390/11: GENERAL


Published: 2011-08-19

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ontario regulation 390/11

made under the

physiotherapy act, 1991

Made: July 26, 2011
Approved: August 17, 2011
Filed: August 19, 2011
Published on e-Laws: August 23, 2011
Printed in The Ontario Gazette: September 3, 2011


Amending O. Reg. 532/98

(General)

1. Paragraphs 3, 4 and 5 of section 12 of Ontario Regulation 532/98 are revoked and the following substituted:

3. Courtesy.

2. (1) Subsection 16 (2) of the Regulation is amended by revoking the portion before paragraph 1 and substituting the following:

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

. . . . .

(2) Subsection 16 (4) of the Regulation is revoked and the following substituted:

(4) It is a term, condition and limitation of a certificate of registration authorizing independent practice that the holder must successfully complete the College Jurisprudence Program at the first opportunity provided by the College following either initial registration or reinstatement of registration and thereafter once every five-year cycle of the Program as scheduled by the Registrar.

3. Section 17 of the Regulation is revoked and the following substituted:

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

4. Section 20 of the Regulation is revoked and the following substituted:

20. (1) Where section 22.18 of the Code applies to an applicant, the requirements of subsections 19 (1) and (4) are deemed to have been met by the applicant.

(2) Despite subsection (1) it is a non-exemptible registration 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 establishing that the applicant is in good standing as a physiotherapist 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 certificate of registration authorizing independent practice at any time in the five years immediately before the date of that applicant’s application, the applicant must meet any further requirement to undertake, obtain or undergo material additional training, experience, examinations or assessments 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 2 of subsection 16 (2) 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 Code.

5. (1) Subsection 21 (1) of the Regulation is amended,

(a) by striking out “It” at the beginning of the portion before clause (a) and substituting “Subject to subsections (6), (8) and (9), it”; and

(b) by striking out “its issue” in the portion before clause (a) and substituting “initial registration”.

(2) Subsection 21 (4) of the Regulation is amended by adding “or fails” after “ceases”.

(3) Section 21 of the Regulation is amended by adding the following subsections:

(5) A person who held a certificate of registration authorizing academic practice or an inactive status certificate of registration on December 14, 2011 shall be issued a certificate of registration authorizing independent practice.

(6) A certificate of registration authorizing independent practice issued under subsection (5) is subject to the same terms, conditions and limitations that applied to the class of the member’s previous certificate of registration authorizing academic practice or inactive status certificate of registration, as the case may be, until the member satisfies the Registrar that he or she is in compliance with the terms, conditions and limitations specified in subsection (1). 

(7) For greater certainty, nothing in subsection (6) affects the expiry of any term, condition or limitation that was imposed on the member’s previous certificate of registration authorizing academic practice or inactive status certificate of registration, as the case may be, by the Registrar pursuant to,

(a) an order of Council or Executive Committee or a panel of the Registration Committee, Discipline Committee or Fitness to Practice Committee;

(b) a direction of the Quality Assurance Committee; or

(c) the approval of a panel of the Registration Committee.

(8) A member referred to in subsection (5) who held a certificate of registration authorizing academic practice on December 14, 2011 must comply with the terms, conditions and limitations specified in subsection (1) within six months of being issued a certificate of registration authorizing independent practice under subsection (5).

(9) A member referred to in subsection (5) who held an inactive status certificate of registration on December 14, 2011 must comply with the terms, conditions and limitations specified in subsection (1) within three years of being issued a certificate of registration authorizing independent practice under subsection (5), and if he or she does not do so, his or her certificate of registration authorizing independent practice is deemed to have expired on the date that is three years immediately after the date of issuance.

6. Section 22 of the Regulation is revoked.

7. Subsection 23 (3) of the Regulation is amended by adding “or fails” after “ceases”. 

8. Sections 24, 25 and 26 of the Regulation are revoked and the following substituted:

Courtesy

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

1. The applicant must have received a degree in physiotherapy, unless the applicant, if applying for a certificate of registration authorizing independent practice, would be exempt from meeting the requirement of paragraph 1 of subsection 19 (1) by virtue of subsection 19 (2) or (3). 

2. The applicant must be registered to practise as a physiotherapist by an authority responsible for the regulation of physiotherapists in a jurisdiction outside Ontario that is approved by the Registration Committee as having a scheme for the regulation of physiotherapists that is reasonably equivalent to that in Ontario.

3. The applicant must have practised physiotherapy for at least 1,200 hours in the preceding five years.

4. The applicant must certify that he or she is making the application solely for reason of,

i. teaching an educational course,

ii. participating in an educational program,

iii. participating in research activities, or

iv. participating in a specific event of limited duration.

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

1. The holder may practise physiotherapy only for the purpose that he or she certified under paragraph 4 of subsection (1) as the reason for making the application for the courtesy certificate of registration.

2. The certificate expires 30 days after the date of initial registration, on the date on which the purpose referenced in paragraph 1 is attained or when the member is no longer engaged in attaining that purpose, whichever is the earliest.

(3) If a holder of a courtesy certificate of registration ceases or fails to hold professional liability insurance in accordance with the College by-laws, his or her certificate of registration is deemed to be suspended until the Registrar is satisfied that he or she has acquired the professional liability insurance. 

Transitional, Teaching Practice Certificate

25. Where, immediately before December 15, 2011, a member held a certificate of registration authorizing teaching practice, the certificate continues, subject to the same terms, conditions and limitations it was subject to when issued, until it expires in accordance with section 25 of this Regulation as it read before that date.

Commencement

9. This Regulation comes into force on December 15, 2011.

Made by:

Council of the College of Physiotherapists of Ontario:

Jan Robinson

Registrar

Lori Neill

President

Date made: July 26, 2011.

 

 

 

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