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Newfoundland and Labrador
Regulation 2003


NEWFOUNDLAND AND LABRADOR REGULATION 50/03

NEWFOUNDLAND AND LABRADOR
REGULATION 50/03

Massage Therapy Board Regulations
under the
Massage Therapy Act

(Filed May 5, 2003)

Under the authority of section 26 of the Massage Therapy Act, the Massage Therapists' Board with the approval of the Minister of Health and Community Services makes the following regulations.

Dated at St. John’s, May 5, 2003.

Tina Thoden
Chair, Massage Therapy Board

Gerald Smith
Minister of Health and Community Services

REGULATIONS

Analysis


        1.   Short title

        2.   Definitions

        3.   Forms

        4.   Registration and licensing

        5.   Proof of continuing liability insurance

        6.   Letter of approval

        7.   Inactive licence

        8.   Renewal and expiry

        9.   Examinations

      10.   Continuing education

      11.   Licence conditions

      12.   Records


Short title

        1. These regulations may be cited as the Massage Therapy Board Regulations.

Definitions

        2. (1) In these regulations

             (a)  "Act" means the Massage Therapy Act;

             (b)  "approved college or university" means

                      (i)  a college, university or school accredited or approved by the regulating massage therapy body in a regulated Canadian jurisdiction,

                     (ii)  a college, university or school in an unregulated Canadian jurisdiction that meets minimum CMTA standards as assessed by the board; and

                    (iii)  a college, university or school in a foreign jurisdiction that meets minimum CMTA standards as assessed by the board;

             (c)  "association" means the Newfoundland and Labrador Massage Therapists’ Association Inc.;

             (d)  "board" means the Newfoundland and Labrador Massage Therapists’ Board;

             (e)  "CEU" means a continuing education unit;

              (f)  "certificate of good standing" means a certificate from a regulatory body in another jurisdiction certifying that a person meets the professional and practice requirements of a  massage therapist in that jurisdiction;

             (g)  "CMTA" means the Canadian Massage Therapy Alliance;

             (h)  "competency examination" means an examination established, adopted or approved by the board; and

              (i)  "good standing" means meeting the professional and practice requirements of a massage therapist under the Act and these regulations.

Forms

        3. An application for registration and a licence or an approval to practise massage therapy shall be in the form set by the board.

Registration and licensing

        4. (1) Registration and a licence to practise massage therapy shall be granted to a person

             (a)  who

                      (i)  submits proof of graduation with a diploma or degree in massage therapy from an approved college or university,

                     (ii)  submits proof of successful passing of the competency examination,

                    (iii)  pays the required fees,

                    (iv)  satisfies the board that he or she has sufficient professional liability insurance,

                     (v)  submits proof of membership in the association,

                    (vi)  submits a certificate of conduct from the RCMP or local police satisfactory to the board,

                   (vii)  demonstrates to the board a reasonable fluency in the English language and provides documents as required in these regulations in an English translation, if necessary, made by a person acceptable to the board, and

                  (viii)  submits a certificate of good standing from the jurisdiction where he or she previously held a licence to practise dated not more than two months before making the application, if applying from another jurisdiction; or

             (b)  who fulfills the requirements of subsection 9(3) of the Act and meets the requirements imposed by section 3 and paragraphs 4(1)(iii) to (vii) of these regulations.

             (2)  Notwithstanding paragraph 1(v), a person may provide proof of membership in the association within 30 days after the issuance of a licence.

Proof of continuing liability insurance

        5. For the purpose of being satisfied on licensing and renewal of licensing that a massage therapist has sufficient professional liability insurance, the board may require the massage therapist to give his or her consent for the professional liability insurer to provide periodic confirmation of continuing coverage during the period of licence.

Letter of approval

        6. (1) In accordance with subsection 9(1) of the Act the board may provide a letter of approval to practise massage therapy for one year after the coming into force of the Act to a person who

             (a)  pays the required fees;

             (b)  satisfies the board that he or she has sufficient professional liability insurance; and

             (c)  submits proof of graduation from a program in massage therapy that the board considers to be substantially equivalent to the minimum CMTA standards.

             (2)  An approval given under this section is not renewable.

Inactive licence

        7. An inactive licence may be granted to a massage therapist who

             (a)  is in good standing with the board;

             (b)  pays the required fees; and

             (c)  does not maintain an active practice of massage therapy in the province.

Renewal and expiry

        8. (1) A licence to practise shall expire annually on June 1, and an inactive licence shall expire on the date specified in the licence.

             (2)  A licence to practise may be renewed and granted to a massage therapist who

             (a)  is in good standing with the board;

             (b)  submits an application for renewal of the licence 60 days prior to the expiry date of the currently held licence;

             (c)  pays the required fees;

             (d)  satisfies the board that he or she has sufficient professional liability insurance;

             (e)  submits proof of membership in the association;

              (f)  submits proof of completion of the required number of CEUs in the year when a continuing education credit cycle is ending; and

             (g)  holds a licence and was in active clinical practice for a minimum of 500 hours of direct clinical care over the preceding 3 years or has graduated from a massage therapy program within the past two years.

             (3)  Where a massage therapist holds an inactive licence in the year immediately preceding the application for renewal of a licence to practise, he or she shall

             (a)  meet the requirements stated in paragraphs (2)(a) to (e); and

             (b)  complete a refresher course satisfactory to the board, if the inactive licence was held for two or more consecutive years.

             (4)  An inactive licence may be renewed and granted to a massage therapist who

             (a)  submits an application for renewal of an inactive licence 60 days prior to the expiry date of the currently held licence; and

             (b)  meets the requirements stated in paragraphs 7(a), (b) and (c).

             (5)  A person who allows his or her licence to lapse shall be considered a new applicant for the purpose of registration and licensing.

Examinations

        9. (1) The board shall offer competency examinations once a year, or more frequently, if it considers it necessary.

             (2)  A person is eligible to take a competency examination if he or she

             (a)  submits an application on a form provided by the board;

             (b)  pays the required fees;

             (c)  submits proof of graduation from an approved college or university;

             (d)  submits proof of a current First Aid and CPR certificate; and

             (e)  demonstrates to the board’s satisfaction that he or she is reasonably fluent in English.

             (3)  A person who fails an examination

             (a)  may apply for re-examination up to 2 times within the 2 year period after the failure; and

             (b)  shall provide proof of upgrading satisfactory to the board if he or she applies for re-examination after the 2 year period has elapsed.

Continuing education

      10. A massage therapist shall complete 30 CEUs within a three year continuing education credit cycle set by the board.

Licence conditions

      11. It is a condition of a licence issued under the Act and regulations that a massage therapist shall

             (a)  maintain professional liability insurance in an amount considered acceptable by the board;

             (b)  notify the board of any change of address or telephone number of the principal place of practise, or of any conviction of the massage therapist of a criminal offence;

             (c)  demonstrate to the board, upon request, evidence of satisfactory patient record keeping practices, and

             (d)  adhere to the code of ethics established by the board.

Records

      12. (1) Clinical health records shall be kept in strict confidentiality for each client and, where applicable, shall include

             (a)  client name and address;

             (b)  date and duration of each visit;

             (c)  name of referring health professional;

             (d)  relevant medical history and presentation complaints, the reasons for initial visit, notes of examinations and treatments;

             (e)  a copy of a consent to treat signed by the client and a treatment plan and needs assessment;

              (f)  a record of progress or response to treatment; and

             (g)  a record of referrals and advice given by the massage therapist.

             (2)  Accounting records shall be kept for each client and shall include

             (a)  an appointment or day record of attendance showing date, and time of patient visits, and recording of cancellations or non-attendance; and

             (b)  a financial record of fees charged for services rendered and a copy of dated receipts issued.

             (3)  Client records, including clinical, accounting and financial records in relation to a client shall be retained for 10 years following the last visit of that client, and when destroyed shall be done in such a way so as to maintain client confidentiality.