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Newfoundland and Labrador
Regulation 2002


NEWFOUNDLAND AND LABRADOR REGULATION 14/02

NEWFOUNDLAND AND LABRADOR
REGULATION 14/02

Occupational Therapists Regulations
(Amendment)
under the
Occupational Therapists Act

(Filed March 5, 2002)

Under the authority of section 12 of the Occupational Therapists Act, the board, with the approval of the minister, makes the following regulations.

Dated at St. John’s, February 21, 2002.

Janice Pelley
Chairperson
Newfoundland and Labrador
Occupational Therapy Board

Julie Bettney
Minister of Health and Community Services


REGULATIONS

Analysis


        1.   S.3 Amdt.
Functions of the board

        2.   S.5 R&S
Licensing

        3.   S.6 Amdt.
Provisional licence


CNLR1125/96
as amended

        1. Paragraph 3(5)(f) of the Occupational Therapists Regulations is amended by deleting the words "audited and".

 

        2. (1) Section 5 of the regulations is repealed and the following substituted:

Licensing

        5. (1) A person shall be licensed by the board if he or she

             (a)  applies in writing;

             (b)  pays the prescribed fee at the time of application;

             (c)  satisfies the board that he or she

                      (i)  has graduated from a Canadian degree program in occupational therapy recognized by the board or has graduated from a World Federation of Occupational Therapists approved school of occupational therapy, and has passed the Canadian Association of Occupational Therapists certification examination, and has at least 1,000 hours of practical occupational therapy experience,

                     (ii)  holds an unrestricted practice licence in a board approved Canadian jurisdiction and has graduated from a Canadian degree program recognized by the board or has established practice for 3 consecutive years in a board approved Canadian jurisdiction and meets examination requirements or other equivalencies established by the board, or

                    (iii)  has graduated from a board recognized school of occupational therapy prior to December 1, 1985 and has held an unrestricted licence with the board prior to July 1, 2001;

             (d)  has practised with an unrestricted licence in a Canadian jurisdiction approved by the board within the immediate 3 years preceding the application, or has graduated from a school of occupational therapy approved by the board within the 18 months immediately preceding the application, but where a person is otherwise eligible but has not satisfied the board that he or she has met the requirements of this paragraph, he or she shall complete a minimum of 600 hours practice in a clinical occupational therapy facility accredited by the Canadian Association of Occupational Therapists and pass the Canadian Association of Occupational Therapists Certification exam; and

             (e)  is a current member of the Canadian Association of Occupational Therapists and the association.

             (2)  An applicant for licence shall submit to the registrar the prescribed application form and documentation required by the board as evidence of compliance with subsection (1).

             (3)  An application form shall be considered to be submitted on the date it is posted as evidenced by the postmark.

             (4)  At the time of application, the applicant shall pay to the board a licensing fee.

             (5)  Upon receipt of a satisfactory and complete application and receipt of the licensing fee, the registrar shall present the application to the board chairperson for approval or present the application at the next board meeting for approval.

             (6)  If the application for a licence is approved by the board, the registrar shall

             (a)  enter the name of the approved applicant together with the required particulars in the register of licences; and

             (b)  issue to the applicant a licence and membership card.

             (7)  If the board refuses to approve an application,

             (a)  the reasons for the refusal shall be stated and the registrar shall promptly notify the applicant in writing of the refusal and the reasons for the refusal;

             (b)  shall advise the applicant of this individual’s rights of appeal under section 11 of the Act; and

             (c)  the registrar shall notify employers if a licence has been denied.

             (8)  A licence under the Act expires each year on the last day of February unless otherwise specified at the time the licence is issued.

             (9)  To renew a licence, a member shall submit to the registrar on or before February 14 an application form for renewal of licence, accompanied by

             (a)  evidence of practice without restriction on his or her licence in a Canadian jurisdiction approved by the board within the immediate three years preceding the application for renewal;

             (b)  payment of the renewal fee; and

             (c)  evidence of membership in the association and the Canadian Association of Occupational Therapists.

           (10)  Where a member fails to renew a licence by February 14,

             (a)  that member may have his or her name retained on the register upon payment of a $40 fine in addition to full payment of the fee paid by March 1; and

             (b)  the registrar of the board shall notify the late licensee that his or her renewal of licence is overdue and that failure to pay full payment of the fee and the fine by March 1 will result in the licensee’s name being struck from the register on that date.

           (11)  On March 1 a person whose licence has expired shall have his or her name struck from the register and the registrar shall immediately notify both the person and the employer, by registered mail, that the person is no longer licensed by the board.

           (12)  The occupational therapist who has allowed his or her licence to expire may re-register by applying for a licence registration as described in subsection (2) and by paying the fine referred to in paragraph (10)(a).

           (13)  The member’s licence may be cancelled or suspended in accordance with section 10 of the Act.

           (14)  There shall be no refunds of a fee once the licence has been issued and in the event of denial of the application for licence, 50% of the fee shall be refunded.

 

        3. (1) Subsection 6(1) of the regulations is amended by deleting the reference "subsection (2)" and by substituting the reference "subsection 5(2)".

             (2)  Subsection 6(2) of the regulations is repealed and the following substituted:

             (2)  Issuing of provisional licences shall not imply the right to continuing membership if the candidate fails to meet the licensing requirements stated in paragraphs 5(1)(c), (d), and (e).

             (3)  Subsection 6(6) of the regulations is repealed and the following substituted:

             (6)  The licensing year shall run from March 1 to the last day of February unless otherwise specified at the time the provisional licence is issued.