| N.B.
Physiotherapy Regulations |
REGULATIONS
PHYSIOTHERAPY ACT
1985, c 74
Under
section 31 of the Physiotherapy Act 1985, the Lieutenant Governor in
Council confirms regulations made by the membership of the College
as attached hereto.
REGULATION
Under section 32 of
The Physiotherapy Act.
1985
The Board of
the New Brunswick College of Physiotherapists with the approval of
the Lieutenant Governor in Council makes the following Regulations:
DEFINITIONS
1. In this
Regulation:
“Act”
means “the Physiotherapy Act,” 1985 c.74;
“Associate
Members” means members whose names are entered upon the roster
established pursuant to Section 19(d).
“College”
means the New Brunswick College of Physiotherapists;
“Board”
means the Board of
New
Brunswick
College of Physiotherapists; ”Conditional Members” means members
whose names are entered upon the roster established pursuant to
Section 19(c);
“Intern”
means any person, including a member who is completing any clinical
training pre-requisite for registration or for entry of her/his name
upon any roster or for any purpose of certification by the Board,
including, without limiting the generality thereof: student,
re-entry candidates, and members seeking acupuncture certification;
“Member”
is a physiotherapists whose name is entered in the Register;
”Qualification Period” means the time period as defined in
Section 23;
“Register”
means the register established under the Act;
“Registrar-Treasurer”
means Registrar-Treasurer of the College;
REQUIREMENTS FOR REGISTRATION
2.
The requirements and qualifications necessary for a candidate
trained in
Canada
to be registered as a Member for the practice of
Physiotherapy, shall be:
(a)
documentary proof of graduation from an approved School of
Physiotherapy;
(b) proof of
satisfaction of the clinical training requirement specified by the
School
of
Physiotherapy
at
Dalhousie
University
for its graduates or the equivalent as approved by
the Board;
(c)
completion of the application form, as approved by the Board;
(d) proof
that there are no outstanding disciplinary matters or restrictions
on the candidate practicing in any jurisdiction where the candidate
has been authorized to practice physiotherapy;
(e) payment
of the fees as set out by by-law, and
(f) if the
candidate is a re-entry candidate, proof of satisfaction of all
re-entry requirements imposed by the Board.
3. The
requirements and qualifications necessary for a candidate trained
outside of
Canada
, to be registered as a Member for the practice of
physiotherapy, shall be:
(a)
documentary evidence of graduation in physiotherapy from an
educational institution outside of Canada, which is approved by the
Board and which has a curriculum substantially similar to that of an
approved School of Physiotherapy, by provision of a notarized
university degree or equivalent;
(b) subject
to section 4,1, proof of successful completion, after no more than
two attempts of the Physiotherapy National Examination or other
admission examination or process;
(c)
completion of the application form, as approved by the Board;
(d) proof
that there are no outstanding disciplinary matters or restrictions
on the candidate practicing in any jurisdiction where the candidate
has been authorized to practice physiotherapy;
(e) payment
of the fees as set out by by-law; and
(f) if the
candidate is a re-entry candidate, proof of satisfaction of all
re-entry requirements imposed by the Board.
4. Any
person whose registration as a member continues by virtue of s.7 (4)
of the Act shall not be subject to the registration
requirements provided for herein unless such registration is allowed
to lapse.
4.1(1)
Members of the College registered on or before
March 1, 1995
and in good standing on that date are exempted from the application
of subsection 3(b) of the Regulation.
4.1(2) The
exemption provided for in subsection (1) applies to persons eligible
for registration with the College on
March 1, 1995
.
5. The
requirements and qualifications necessary for members or persons
eligible to be members of the College prior to
September 30, 1982
to be registered as a Member for the practice of physiotherapy shall
be:
(a)
documentary evidence of graduation from a
Canadian
School
of Physiotherapy by provision of a notarized
university degree or equivalent or proof of eligibility in the
Canadian
Physiotherapy
College
;
(b)
completion of the application form, as approved by the Board;
(c) payment
of the fees as set out by by-law;
(d) if the
candidate is a re-entry candidate, proof of satisfaction of the
necessary re-entry requirements; and
(e) proof
that there are no outstanding disciplinary matters or restrictions
on the candidate practicing in any jurisdiction where the candidate
has been authorized to practice physiotherapy.
6. The
requirements and qualifications necessary for a candidate to be
registered as a Temporary Member in the College for the practice of
physiotherapy shall be:
(a)
documentary evidence of eligibility for membership in the College as
provided in the Act and as prescribed in this regulation;
(b)
completion of the application form as approved by the Board; and
(c) payment
of fees as set out by by-law.
7. The
application to the Registrar-Treasurer of a person for registration
as a student intern shall contain or be accompanied by the following
information and documents.
(a) proof,
satisfactory to the Registrar-Treasurer, of the applicant’s
enrollment at an approved School of Physiotherapy;
(b) a
detailed schedule of the internship requirements of the approved
School of Physiotherapy; and
(c) the name
of the supervising member with confirmation of acceptance of such
supervision by that member.
8. Any
application for registration made under the Act and
Regulations shall be deemed not to have been made until all the
prescribed materials are provided to the Board.
9. Any
acceptance or rejection of any application shall be forwarded to the
applicant by way of written notification within 10 days of the date
of formal acceptance or refusal by the Board or by the
Registrar-Treasurer as the case may be.
REGISTRATION RENEWAL
10. The
registration of every member of the College shall expire on the 31st
day of December in each year for which the member has paid hi/her
annual fee.
11.
Notice to members of the Annual Renewal procedures shall be
forwarded no later than November 30 in each year to each member’s
last listed address as provided by the member to the
Registrar-Treasurer.
12. A
Member’s registration shall be renewed upon receipt by the
Registrar-Treasurer of:
(a) the
annual fee, as approved;
(b) the
properly completed renewal application approved by the Board;
(c) proof of
satisfaction of the re-entry requirement, if applicable; and
(d)
confirmation that no practice limitations have been placed on the
member through any disciplinary action.
13. Any
member who has failed to comply with the annual registration renewal
provision shall cease to be a member on the 30th day following the
expiry date, unless in the meantime all requirements are rectified
and the late registration fee is paid.
14.
Confirmation of Registration Renewal and Certification shall be
forwarded to the member within 30 days of the expiry date provided
all renewal requirements have been satisfied by the member.
REGISTER
15. The
Registrar-Treasurer shall maintain a register upon which the names
and locality of all members in good standing shall be entered,
together with any limitation on practice which may apply to each.
16. The
Registrar-Treasurer shall cause the name of a member to be removed
from a Register;
(a) upon the
written request of the member for reasons acceptable to the Board;
(b) where
the names has been incorrectly entered;
(c) where
confirmation of death of the member has been received;
(d) where
registration has been revoked;
(e) where
the Board decides that a member holding a conditional registration
had failed to comply with the conditions; or
(f) where
the member has failed to comply with the registration renewal
procedures.
17.
Written notification of the removal of a member’s name from the
Register shall be forwarded by registered mail to the member’s
last known address and to the last known address of the registered
member’s employer within 10 days of removal.
18. The
record of a member’s name and locality as it appears on the
Register shall be available upon written request to either the
Registrar-Treasurer or the Minister of Health and Community
Services.
ROSTERS
19. In
addition to the Register, the Registrar-Treasurer shall maintain
rosters of the following classes of persons and corporations each
with a registration number and which shall be updated within 30 days
of notified changes;
(a) an
Active Physiotherapy Roster of members who have me the requirements
for registration and are registered under the Act containing:
(1)
the name and address of each such member;
(2)
the name and address of the employer of each member, if known; and
(3)
the number of hours practiced in the past calendar year.
(b) an
Inactive Physiotherapy Roster of members registered under the Act
who are not engaged in the active practice of physiotherapy,
containing:
(1)
the name and address of each such member; and
(2)
the number of years not engaged in active practice of physiotherapy,
and the last year registered under the Act.
(c) a
Conditional Physiotherapy Roster of members who have met the
requirements for registration under the Act but who have
terms, conditions or limitations imposed on their registration or
practice by the Board pursuant to the provisions of the Act
which shall contain:
(1)
the name and address of each such member;
(2)
the name and address of the employer of each such member; and
(3)
the terms, conditions or limitations imposed.
(d) and
Associate Physiotherapy Roster of members consisting of:
(1)
physiotherapy interns, containing;
A.
the name and address of each such member;
B. the Approved School of Physiotherapy, or
institution of training outside of
Canada
;
C.
the place of internship;
D. the
clinical supervisor;
E.
the dates of internship placement ; and
F. the date of internship completion.
(2.)
persons entitled to practice physiotherapy in the Province under
temporary registration, containing:
A.
the name and address of each such person;
B. the province of registration of each such
person;
C.
the name and address of the present employer;
D. the name and address of the employer in
New Brunswick
; and
E.
the time period of temporary registration.
(3)
persons who are re-entry candidates, containing:
A.
the name and address of each such member; and
B. the details of the required re-entry procedure.
(e) A
Previous Members Roster of persons having been members of the
College (excluding persons having been rededial gymnast members),
which shall contain:
(1)
each previous member’s last year of active practice, including the
name and address of last employer; and
(2)
the last year of registration as a member of the College.
(f) an
Acupuncture Roster of members who have met the requirements for the
practice of Acupuncture under the Act containing:
(1)
the name and address of each such member;
(2)
the name and address of the present employer of each member; and
(3)
the date and level of training completed with the Acupuncture
Foundation of Canada or the equivalent thereof approved by the
Board.
(g) a Roster
of members with provisional certification to practice acupuncture
under the Act containing:
(1)
the name and address of each such member;
(2)
the name and address of the present employer of each member; and
(3)
the date and level of training completed with the Acupuncture
Foundation of Canada or the equivalent thereof approved by the
Board.
20. All
members shall forthwith notify the Registrar-Treasurer in writing of
any changes in registration status, locality or employer and shall
comply with all registration and renewal requirements.
REGISTRATION CERTIFICATE
AND PERMITS
21. (a) Each member of the College whose name appears
on the register shall be issued each year a certificate on which
shall appear;
(1)
the name and address of the member;
(2)
the expiry date;
(3)
the type of membership; and
(4)
the registration member of the member.
(b) Each
corporation in good standing whose name appears in the Corporation
Register shall be issued each year a certificate upon which shall
appear:
(1)
the name, address and incorporation number of the corporation;
(2)
the expiry date; and
(3)
the registration number of the corporation.
ACUPUNCTURE
22. (1)
No member shall be certified as qualified to provide Acupuncture
services unless the member proves to the satisfaction of the Board
that:
(a)
the member has successfully completed the recommended post-graduate
courses and has successfully passed the practical and written
examinations offered by the Acupuncture Foundation of Canada or the
equivalent thereof as approved by the Board.
(b)
Physiotherapists who practice Acupuncture are expected to exercise
professional judgment in accordance with NBAP Code of Ethics.
(c)
Physiotherapists practicing Acupuncture must ensure that they do not
exceed the practice of Physiotherapy when using Acupuncture as a
physical therapy modality.
(2)
Notwithstanding subsection (1), a member who has completed a section
of the post-graduate training Acupuncture referred to in paragraph
(1)(a) thereof may be provisionally certified to provide Acupuncture
services as an intern.
ACTIVE PRACTICE AND RE-ENTRY
23. A
member is engaged in active practice if during the qualification
period the member has actually practiced a minimum of 1200 hours.
The Qualification period shall be the immediately preceding 5 years.
24. A
re-entry candidate shall be required to successfully complete, after
no more than two attempts, the Physiotherapy National Examination or
other admission processes approved by the Board.
TITLE / DESIGNATION
25. No
person other than a Physiotherapists registered under the Act
shall advertise or use any title to signify or imply that he/she is
qualified to practice physiotherapy within the meaning of the Act
or Regulations.
26. No
member of the College shall advertise or use any title or add any
prefix or suffix to her/his name to signify or imply that he/she is
qualified to practice physiotherapy other than he/she is trained and
certified to do.
OWNERSHIP
27. No
member shall practice physiotherapy in the employ or as a partner of
any other person or as an officer, director, shareholder or employee
of any corporation which person, partnership or corporation offers,
by itself or on behalf of the member, physiotherapy services to the
general public unless such other person is a member of the College
or such corporation is registered under the Act or is a
public hospital or any health or educational facility operated by
the Government of New Brunswick or Canada, or a non-profit or
charitable institution.
CODE OF ETHICS
28. Each
member shall adhere to the Code of Ethics of the College the
standard of which are as follows:
Each member
shall recognize and discharge her/his professional responsibilities
to the patient, the profession, other members of the health care
team and the community.
Each member
shall exercise competent professional judgment and strive to improve
her/his knowledge and professional skills in order to maintain the
optimum standards of practice.
I PROFESSIONAL JUDGMENT
A member shall exercise professional judgment at
all times and in all areas of professional practice.
(a) Each
member shall confine himself/herself to practice only in those areas
of physiotherapy in which he/she is sufficiently trained and
skilled, and
(b) Each
member shall only initiate treatment on the basis of adequate
information which must include:
(i)
the history of the complaint to be treated;
(ii)
the physiotherapy assessment, including performance of appropriate
tests and procedures; and
(iii)
such other information necessary in the circumstance, which may
include pertinent diagnostic tests, other health care team
consultation and socioeconomic factors.
(c) Each
member shall ensure that a third party or other outside influence on
her/his professional judgment through motive of profit or other
gain.
(d) Each
member shall request consultation with or render her/his patient to
colleagues or other members of the health care team when necessary
to ensure optimum patient care.
(e) Each
member shall not initiate or continue treatment when, in her/his
judgment, no benefit to the patient can reasonably be expected and
must inform both patient and other appropriate health care team
members of her/his opinion.
(f) Each
member shall inform the patient as necessary prior and during
treatment so as to allow patient understanding and evaluation of the
treatment.
(g) Each
member shall ensure that no services that requires the skill,
knowledge and judgment of a physiotherapists is delegated to a less
qualified person.
(h) Each
member shall ensure that those under her/his supervision or in his
employ are knowledgeable and capable in the performance of their
duties.
II PROFESSIONAL PRACTICE
A member shall maintain an optimum standard of
conduct and practice.
(a) Each
member shall maintain records on all patients which meet legal and
treatment requirements. This shall included history, assessment,
treatment plan and procedures, progress notes and discharge summary.
(b) Each
member shall maintain communication with the patient’s physician
and other appropriate health care team members during the course of
the patient’s treatment.
(c) Each
member shall respect all patient information as confidential and
shall nor release this information to any other person without the
consent of the patient unless required to do so by law.
(d) Relevant
information regarding a patient may be communicated to another
member of the health care team who is also involved in the
patient’s treatment.
(e) Each
member shall ensure that any advertising to the public be
informative and non-competitive and in no manner misleading.
(f) Each
member shall refrain from making fraudulent or misleading statements
concerning her/his own or the professional’s skills, knowledge or
capabilities.
(g) Each
member shall safeguard her/his professional independence and shall
not allow any compromise of her/his professional integrity.
(h) Each
member shall only enter into a partnership or a corporation,
offering physiotherapy services to the public, with other properly
qualified physiotherapists.
(i) Each
member shall only charge fees for services which are reasonable and
commensurate with services rendered.
(j) Each
member shall inform her/his patient of the approximate costs of his
services and terms payment prior to commencement of treatment.
(k) Each
member shall follow ethical business principles and practices.
(l) Each
member shall have the right to contribute articles or participate in
programs of interest to the public through the media providing that
such articles and programs as of an informative nature.
(m) Each
member shall use an acceptable scientific method when conducting
research and shall follow an acceptable code for research on animals
and human subjects.
(n) Each
member shall practice under conditions to assure quality of her/his
treatment and safety of the patient and himself/herself.
III PROFESSIONAL DEVELOPMENT
A member shall recognize her/his professional and
College responsibilities.
(a) Each
member shall participate in the decision-making process of the
College and support College policies and activities.
(b) Each
member shall strive to improve himself/herself by constantly
renewing her/his theoretical and clinical knowledge and skills as
they relate to modern concepts of practice.
(c) Each
member shall contribute to the development of her/his professional
through the exchange of knowledge with colleagues and students, and
through participation in courses, scientific conventions and
continuing education programs.
(d) Each
member shall contribute to the education of the public in her/his
area of expertise.
ADVERTISING
29. No
member shall publish or cause to be published in any newspaper,
telephone directory, periodical, circular or by any other medium,
any notice or advertisement containing other than her/his name
address, telephone number,
office hours, professional titles, and type of services rendered
without first submitting the proposed notice of advertisement to the
Board, which may grant or refuse permission to publish any such
notice or advertisement.
30. Any
member using or causing to be used advertising matter which contains
misstatements, falsehoods, misrepresentation, distorted or fabulous
statements as to cures by and method of treatment, qualifications or
attainments, shall be guilty of misconduct.
PROFESSIONAL COMPETENCE COMMITTEE
31. The
Professional Competence Committee shall be appointed by the Board
and shall be responsible to the Board.
32. The
Committee shall consist of four members, none of whom may be a
member of the Board.
33. In
addition to its responsibilities and powers contained in the Act
the Committee shall have the power:
(a) to
determine when requested by the Board, the sufficiency of credential
submitted to the Board with any application for registration;
(b) to
establish, with the approval of the Board, such educational
guidelines and examinations it considers necessary to ensure and
assess the competence of members and eligibility for membership in
the College;
(c) to
require the Board to cause an inquiry into the competence of a
member to practice when it has reasonable grounds to believe that
the competence of a member is in question; and
(d) to
inquire and make recommendations to the Board as to applications for
registration by Former members of any other College similar to the
College in any other jurisdiction in Canada, considering re-entry
qualification for membership.
34.(1)
Subject to subsection (2) each member and applicant for membership
in the College must obtain, maintain and file with the Registrar
proof of professional liability insurance for errors, omissions and
malpractice in an amount not less than $1,000,000.00.
34.(2)
The insurance requirement of subsection (1) shall not apply to
members of the College in the employ of any of the following
institutions:
(1)
a hospital as defined under the Public Hospital’s Act:
(2)
any Department of Crown Agency of the Federal Government of Canada:
or
(3)
The Worker’s Compensation Board.
Schedule “A”
The following are Approved Schools of
Physiotherapy:
(a) University of British Columbia
(b) University of Alberta
(c) University of Saskatchewan
(d) University of Manitoba
(e) University of Western Ontario
(f) Queen’s University
(g) University of Toronto
(h) McMaster University
(i) McGill University
(j) Université Laval
(k) Université de Montréal
(l) Dalhousie University
(m) University of Ottawa
EN FRANÇAIS
|