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NEWFOUNDLAND AND LABRADOR
REGULATION 77/12

Respiratory Therapists Regulations
under the
Health Professions Act

(Filed September 20, 2012)

Under the authority of section 53 of the Health Professions Act, the Newfoundland and Labrador Council of Health Professions, with the approval of the Minister of Health and Community Services, makes the following regulations.

Dated at St. John’s , September 20, 2012.

June Hynes
Co-Chairperson of the Council

John Crellin
Co-Chairperson of the Council

Susan Sullivan
Minister of Health and Community Services

REGULATIONS

Analysis



Short title

        1. These regulations may be cited as the Respiratory Therapists Regulations .

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Definitions

        2. In these regulations

             (a)  "applicant" means a person who applies to the registration committee for registration as a respiratory therapist;

             (b)  "college" means the Newfoundland and Labrador College of Respiratory Therapists established under the Act;

             (c)  "continuing education" means a continuing education program developed by the college under paragraph 29(3)(b) of the Act;

             (d)  "general status" means the status of a member who is registered under section 5 ;

             (e)  "general temporary status" means the status of a member who is registered under section 6 ;

              (f)  "member" means a member of the college;

             (g)  "non-practicing status" means the status of a member who is registered under section 7 ;

             (h)  "registration committee" means the committee established under subsection 19(1) of the Act;

              (i)  "respiratory therapist" means a person who practices respiratory therapy and is registered under these regulations; and

              (j)  "respiratory therapy" means the application of professional therapy in the evaluation, treatment, care and maintenance of cardiopulmonary function utilizing specialized medical expertise and advanced medical technology.

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Members register

        3. (1) The register of health professionals maintained by the registrar shall have the following categories for the purpose of registration of members:

             (a)  general status;

             (b)  general temporary status; and

             (c)  non-practicing status.

             (2)  When a member's name has been added to the register, the registration committee shall issue a certificate of registration which shall be valid for the period of time set out on the certificate and which shall expire at the end of that period, unless renewed or extended in accordance with these regulations.

             (3)  Upon each renewal of registration, the registration committee shall issue a certificate of registration to the member.

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Registration requirements

        4. (1) An applicant shall comply with the following registration requirements:

             (a)  submission of a completed application for registration in the form set by the registration committee;

             (b)  payment of any required fees; and

             (c)  provision of the following information as requested by the registration committee:

                      (i)  proof of identity by means of a valid photo identification card issued by the province or another government or other proof of identity acceptable to the registration committee,

                     (ii)  a current Certificate of Good Conduct from the Royal Newfoundland Constabulary, Royal Canadian Mounted Police or other appropriate policing agency,

                    (iii)  a current Vulnerable Sector Check from the Royal Newfoundland Constabulary, Royal Canadian Mounted Police or other appropriate policing agency,

                    (iv)  a written consent for release of information,

                     (v)  a declaration stating

                            (A)  that the applicant has never been convicted of an offence under the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada) or a similar penal statute of another country, or

                            (B)  the details of his or her conviction under the Criminal Code (Canada ), the Controlled Drugs and Substances Act (Canada ) or a similar penal statute of another country,

                    (vi)  proof of a working knowledge of the English language that the registration committee considers sufficient to enable the person to practice respiratory therapy in the province, and

                   (vii)  proof of professional liability insurance of a type and in an amount acceptable to the council, except where an applicant is applying for registration as a member with a non-practicing status.

             (2)  In addition to the requirements of subsection (1), where an applicant is currently or was previously licensed or registered to practice respiratory therapy in another jurisdiction, the applicant shall provide a letter of good standing from the licensing or registration body of that jurisdiction which includes confirmation of whether or not the applicant is or has been the subject of investigative or disciplinary proceedings in the jurisdiction and the particulars of those investigative or disciplinary proceedings.

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General status

        5. (1) An applicant is entitled to be registered with a general status where he or she has

             (a)  complied with the requirements of section 4 ;

             (b)  provided proof of the successful completion of a program of study in respiratory therapy or another program of study approved by the college within the 4 years immediately preceding the application; and

             (c)  provided proof of the successful completion of a registration exam approved by the college within the 4 years immediately preceding the application.

             (2)  Notwithstanding the time periods referred to in subsection (1), where at least 4 years have elapsed between the submission of the application for registration and either the completion of a program of study referred to in paragraph (1)(b) or the completion of the registration exam referred to in paragraph (1)(c) or both, the applicant shall provide proof that he or she

             (a)  has been employed for at least 1500 hours in the practice of respiratory therapy within the 4 years immediately preceding the application; or

             (b)  has completed a respiratory therapist refresher course or re-entry program that is approved by the college within the 4 years immediately preceding the application.

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General temporary status

        6. (1) An applicant who has not successfully completed the registration exam referred to in paragraph 5 (1)(c) is entitled to be registered with a general temporary status where he or she

             (a)  has complied with the requirements of section 4 ; and

             (b)  in the 4 years immediately preceding the application, has successfully completed a program of study referred to in paragraph 5 (1)(b).

             (2)  The registration of a member with a general temporary status is valid for the period of time set by the registration committee and is not subject to renewal but may be extended by the registration committee.

             (3)  A member registered with a general temporary status shall notify the registration committee of the date on which he or she is scheduled to write the registration exam referred to in paragraph 5 (1)(c).

             (4)  When a member registered with a general temporary status passes the registration exam and continues to comply with the requirements of section 4 , he or she shall be registered

             (a)  with a general status; or

             (b)  where the member satisfies the registration committee that he or she does not intend to maintain an active practice of respiratory therapy in the province, with a non-practicing status.

             (5)  When a member registered with a general temporary status does not pass the registration exam within the period of time set by the registration committee under subsection (2), his or her registration shall expire and may not be further extended.

             (6)  A member registered with a general temporary status shall not practice respiratory therapy unless he or she is supervised, in a manner acceptable to the council, by a member registered with a general status whose registration is not subject to conditions or restrictions.

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Non-practicing status

        7. (1) An applicant is entitled to be registered as a member with a non-practicing status where he or she

             (a)  complies with the requirements of section 5 ; and

             (b)  satisfies the registration committee that he or she does not intend to maintain an active practice of respiratory therapy in the province.

             (2)  A member who is registered with a non-practicing status is not required to carry professional liability insurance.

             (3)  A member who is registered with a non-practicing status shall not engage in the practice of respiratory therapy.

             (4)  A non-practicing registration shall expire on the date specified in the certificate of registration.

             (5)  A member who is registered with a non-practicing status may, while that registration is in effect, make application to the registration committee to have his or her status changed to that of a member with a general status and he or she is entitled to be registered as a member with a general status where the following conditions are met:

             (a)  the member pays any required fee;

             (b)  the member provides proof of professional liability insurance of a type and in an amount acceptable to the council;

             (c)  the member satisfies the continuing education requirements of subsection 9 (1); and

             (d)  where registration as a member with a non-practicing status has been held for 12 consecutive months or longer, the member continues to meet the requirements of section 4 and the registration committee is satisfied that the applicant has the knowledge, skill and judgement necessary to be registered with a general status.

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Conditions or restrictions

        8. (1) The registration committee may attach those conditions or restrictions to a registration that the registration committee considers appropriate, including

             (a)  placing limits on the activities the member may perform; and

             (b)  setting requirements for supervision of the member which may include specifics on the form or duration of the supervision.

             (2)  A member shall comply with all conditions and restrictions that are attached to his or her registration by the registration committee.

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Continuing education

        9. (1) A member shall participate in continuing education as directed by the council.

             (2)  Where a member who is registered with a general status does not comply with subsection (1), the registration committee may require the member

             (a)  to complete a program of continuing education within a specified period of time; or

             (b)  to undergo a period of supervised practice.

             (3)  Where a member who is registered with a non-practicing status does not comply with subsection (1), the registration committee may require the member to complete a program of continuing education within a specified period of time.

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Registration renewal

      10. (1) The registration committee shall advise each member who is registered with a general status or a non-practicing status of the expiry date of his or her registration and the renewal date applicable to that registration at the time of the initial registration and upon each renewal of that registration.

             (2)  An application to renew a member's registration shall be made before the expiry date of the member’s registration and as directed by the registration committee.

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Renewal requirements

      11. (1) A member who is registered with a general status or a non-practicing status is entitled, on application to the registration committee, to have his or her registration renewed under section 10 where he or she

             (a)  provides a written consent for release of information as requested by the registration committee;

             (b)  pays the required fees and, except in the case of a member applying for renewal of a non-practicing status, provides proof of professional liability insurance of a type and in an amount acceptable to the registration committee;

             (c)  provides evidence of his or her participation in or completion of continuing education programs and professional development requirements as directed by the council; and

             (d)  provides a declaration stating

                      (i)  that, within the past year, the member has not been convicted of an offence under the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada) or a similar penal statute of another country, or

                     (ii)  the details of his or her conviction, within the past year, under the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada) or a similar penal statute of another country.

             (2)  In addition to the requirements of subsection (1), where the member was, within the 12 months immediately preceding the application for renewal of registration, licensed or registered to practice respiratory therapy in another jurisdiction, the member shall provide a letter of good standing from the licensing or registration body of that jurisdiction which includes confirmation of whether or not the member is or has been the subject of investigative or disciplinary proceedings in the jurisdiction and the particulars of those investigative or disciplinary proceedings.

             (3)  In addition to the requirements of subsection (1), where a member who is registered with a non-practicing status applies to have his or her registration renewed as a member with a general status, he or she shall satisfy the requirements of subsection 7 (5).

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Failure to renew registration

      12. Where a member registered with a general status or a non-practicing status fails to renew his or her registration on or before the expiry date, his or her registration shall expire and the member's name shall be removed from the register.

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Registration after expiry

      13. A member who allows his or her registration to expire and whose name has been removed from the register under section 12 shall, for the purpose of a subsequent registration, meet the requirements imposed on a new applicant and comply with the applicable requirements of these regulations and with any conditions or restrictions attached to the registration by the registration committee under section 8 .

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Designated titles

      14. (1) Only a member who is registered with a general status shall be entitled to use the title "Registered Respiratory Therapist" or "Respiratory Therapist" or an associated derivation or abbreviation.

             (2)  Only a member who is registered with a general temporary status shall be entitled to use the title "Respiratory Therapist - Temporary" or an associated derivation or abbreviation.

             (3)  Notwithstanding subsection (1), a member who is registered with a non-practicing status shall be entitled to use the title "Registered Respiratory Therapist" or "Respiratory Therapist" or an associated derivation or abbreviation and shall indicate in the title that he or she is non-practicing.

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Notification of changes

      15. A member shall notify the council immediately of a change in his or her

             (a)  mailing address; or

             (b)  employer.

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Commencement

      16. These regulations come into force on the day the Health Professions Act comes into force with respect to the designated health profession of respiratory therapists. (In force Oct. 5/12)