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Newfoundland and Labrador
Regulation 2012


NEWFOUNDLAND AND LABRADOR REGULATION 76/12

NEWFOUNDLAND AND LABRADOR
REGULATION 76/12

Medical Laboratory Technologists 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 Professionals, 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


        1.   Short title

        2.   Definitions

        3.   Members register

        4.   Requirements for registration

        5.   General status

        6.   Provisional status

        7.   General temporary status

        8.   Provisional temporary status

        9.   Non-practicing status

      10.   Conditions or restrictions

      11.   Continuing education

      12.   Registration renewal

      13.   Renewal requirements

      14.   Failure to renew registration

      15.   Registration after expiry

      16.   Designated titles

      17.   Notification of changes

      18.   Commencement

Schedule


Short title

        1. These regulations may be cited as the Medical Laboratory Technologists Regulations.

Definitions

        2. In these regulations

             (a)  "applicant" means a person who applies to the registration committee for registration as a medical laboratory technology health professional;

             (b)  "CSMLS" means the Canadian Society for Medical Laboratory Science;         

             (c)  "certified laboratory assistants program" means the laboratory assistants program offered by the educational institution formerly known as the College of Trades and Technology and certified by the Canadian Society of Laboratory Technologists;

             (d)  "college" means the Newfoundland and Labrador College of Medical Laboratory Science established under the Act;

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

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

             (g)  "general temporary status" means the status of a member who is registered under section 7;

             (h)  "medical laboratory technology" means the performance of laboratory investigations on the human body or on specimens taken from the human body and the interpretation and evaluation of quality control data to verify the accuracy and precision of investigation results for use by health care practitioners in the diagnosis, treatment and prevention of disease;

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

              (j)  "non-practicing status" means the status of a member who is registered under section 9;

             (k)  "provisional status" means the status of a member who is registered under section 6;

              (l)  "provisional temporary status" means the status of a member who is registered under section 8;

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

             (n)  "subject-registered technologist" means an individual who has received certified designation from the CSMLS in one or more of the following areas:

                      (i)  immunohematology,

                     (ii)  hematology,

                    (iii)  clinical chemistry,

                    (iv)  clinical microbiology,

                     (v)  diagnostic cytotechnology, and

                    (vi)  clinical genetics technology.

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)  provisional status;

             (c)  general temporary status;

             (d)  provisional temporary status; and

             (e)  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.

Requirements for registration

        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 medical laboratory technology 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 medical laboratory technology 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.

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 medical laboratory science program of at least 2 years duration or another program approved by the college within the 4 years immediately preceding the application; and

             (c)  provided proof of 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 960 hours in the practice of medical laboratory technology within the 4 years immediately preceding the application; or

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

             (3)  Where the applicant for registration under this section is a subject-registered technologist, he or she shall provide the following:

             (a)  proof of certification as a subject-registered technologist for each discipline in which the applicant has been certified;

             (b)  a job description prepared and signed by the employer; and

             (c)  proof that the applicant has been employed for at least 960 hours in the practice of medical laboratory technology in each discipline in which he or she was certified within the 4 years immediately preceding the application.

             (4)  A member registered under subsection (3) is restricted to performing duties within the disciplines in which he or she is certified.

Provisional status

        6. (1) An applicant who is employed in the province immediately before the coming into force of these regulations is entitled to be registered with a provisional status where he or she has

             (a)  complied with the requirements of section 4;

             (b)  provided proof of satisfactory completion of the certified laboratory assistants program;

             (c)  provided a job description prepared and signed by his or her employer; and

             (d)  provided confirmation, signed by the employer and in a form approved by the council, that the only duties performed by the applicant in the course of his or her employment are some or all of the duties set out in the Schedule.

             (2)  A member registered under subsection (1) is restricted to performing the duties that are included in the confirmation provided to the registration committee under paragraph (1)(d).

General temporary status

        7. (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 medical laboratory technology 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 medical laboratory technology 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.

Provisional temporary status

        8. (1) An applicant who is employed in the province immediately before the coming into force of these regulations is entitled to be registered with a provisional temporary status where he or she has

             (a)  complied with the requirements of section 4;

             (b)  provided a job description prepared and signed by his or her employer;

             (c)  provided a listing, in a form approved by the registration committee, of all clinical activities and duties performed by the applicant; and

             (d)  provided information, satisfactory to the registration committee, on educational background, certification background, training history, continuing education, past work experience and other information that the registration committee may require.

             (2)  The registration of a member with a provisional 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 provisional temporary status

             (a)  is authorized to perform the duties performed in his or her employment as of the date the application was submitted;

             (b)  will be required to undergo and complete, in the time set by the registration committee, all assessment, training and evaluation activities that may be required by the registration committee; and

             (c)  shall comply with other conditions considered appropriate by the registration committee.

             (4)  Upon completion of the assessment, training and evaluation activities required under subsection (3), the registration committee shall

             (a)  register the member with a provisional status;

             (b)  extend the member's registration as a member with a provisional temporary status and require the member to complete further assessment, testing and evaluation; or

             (c)  terminate the member's registration as a member with a provisional temporary status and refuse to register the member with another status.

Non-practicing status

        9. (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 or 6 as applicable; and

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

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

             (3)  The certificate of registration issued to a member with a non-practicing status shall indicate whether the member would otherwise qualify for a general status or a provisional status if the member were registered and practicing.

             (4)  A member who is registered with a non-practicing status shall not engage in the practice of medical laboratory technology. 

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

             (6)  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 or a provisional status, as appropriate, and he or she is entitled to be registered as a member with that 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 11(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 or a provisional status.

Conditions or restrictions

      10. (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.

Continuing education

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

             (2)  Where a member who is registered with a general status, a provisional status or a provisional temporary 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.

Registration renewal

      12. (1) The registration committee shall advise each member who is registered with a general status, a provisional 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.

Renewal requirements

      13. (1) A member who is registered with a general status, a provisional status or a non-practicing status is entitled, on application to the registration committee, to have his or her registration renewed under section 12 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 medical laboratory technology 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 or a provisional status, he or she shall satisfy the requirements of subsection 9(6).

Failure to renew registration

      14. Where a member registered with a general status, a provisional 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.

Registration after expiry

      15. A member who allows his or her registration to expire and whose name has been removed from the register under section 14 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 10.

Designated titles

      16. (1) Only a member who is registered with a general status shall be entitled to use the title "Medical Laboratory Technologist" or an associated derivation or abbreviation, and where that member is a subject-registered technologist, he or she shall state each discipline in which he or she is certified after any title or associated derivation or abbreviation that he or she is authorized to use under this section.

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

             (3)  Only a member who is registered with a provisional status or a provisional temporary status shall be entitled to use the title "Laboratory Health Professional" or an associated derivation or abbreviation.

             (4)  Notwithstanding subsections (1) and (3), a member who is registered with a non-practicing status shall be entitled to use a title indicating the status that he or she is qualified to be registered under as set out in subsection (1) or (3) and shall indicate in the title that he or she is non-practicing.

Notification of changes

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

             (a)  mailing address; or

             (b)  employer. 

Commencement

      18. These regulations come into force on the day the Health Professions Act comes into force with respect to the designated health profession of medical laboratory technologists.


Schedule

               1.  Urinalysis: perform chemical and microscopic analysis of urine samples.

               2.  Clinical Chemistry: perform basic clinical chemistry analysis for carbohydrates, proteins, non-protein Nitrogenous substances, gas function, liver function and renal function.

               3.  Hematology: perform basic haematology techniques for haemoglobin determination, cell counts; WBC and RBC, manual platelet counts, automated counts, hematocrits, absolute values, Sedimentation Rates; ESR, preparation of blood smears, and staining of blood smears.

               4.  Histotechnology: perform gross specimen treatment, decalcification, tissue processing for dehydration, paraffin embedding, microtomy, and staining.

               5.  Microbiology: perform culturing and processing of microbiology specimens, staining procedures, isolation and identification of bacterial organisms, antibiotic susceptibility testing.

               6.  Transfusion Medicine: perform routine ABO and RH grouping, direct and indirect antihuman globulin testing, and routine compatibility testing, cross-matching, for blood products however anti-body identification is not included in the permitted scope of transfusion medicine duties.