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Statutes of Newfoundland and Labrador 2006


CHAPTER P-13.1

AN ACT RESPECTING THE PRACTICE OF PHYSIOTHERAPY

(Assented to May 26, 2006)

Analysis


††††††† 1. Short title

††††††† 2. Definitions

††††††† 3. College

††††††† 4. Council of college

††††††† 5. Appointed members

††††††† 6. Annual meeting

††††††† 7. Registrar and meetings of council

††††††† 8. By-laws and quorum

††††††† 9. Regulations

††††† 10. Fees

††††† 11. Regulations re: physiotherapy auxiliaries

††††† 12. Registration of physiotherapists

††††† 13. Limitation to practise

††††† 14. Register

††††† 15. Definitions

††††† 16. Committees

††††† 17. Allegation

††††† 18. Effect of filing allegation

††††† 19. Complaints authorization committee

††††† 20. Adjudication tribunal

††††† 21. Hearing

††††† 22. Copies of books, etc. as evidence

††††† 23. Guilty plea by respondent

††††† 24. Powers of adjudication tribunal

††††† 25. Filing and publication of decisions

††††† 26. De-registration and suspension

††††† 27. Failure to comply

††††† 28. Reinstatement and readmission

††††† 29. Costs of the college

††††† 30. Collection of fine

††††† 31. Appeal

††††† 32. Protection from liability

††††† 33. False declarations

††††† 34. Offences

††††† 35. Savings

††††† 36. Transition

††††† 37. RSNL1990 cP-13 Rep.


Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

Short title

††††††† 1. This Act may be cited as the Physiotherapy Act, 2006.

Definitions

††††††† 2. In this Act

†††††††††††† (a)"college" means The Newfoundland and Labrador College of Physiotherapists;

†††††††††††† (b)"council" means the council of the college referred to in section 4;

†††††††††††† (c)"minister" means the minister appointed under the Executive Council Act to administer this Act;

†††††††††††† (d)"physiotherapist" means a person who practises physiotherapy;

†††††††††††† (e)"physiotherapy" means the application of professional physical therapy in the assessment and treatment of the human body in order to obtain, regain or maintain optimal function by the use of suitable therapeutic methods, including mobilization, manipulation and the use of physical agents; and

††††††††††††† (f)"register" means the register of members of the college maintained under section 14.

College

††††††† 3. (1) The Newfoundland and Labrador College of Physiotherapists is continued as a corporation without share capital for the purpose of Part XXI of the Corporations Act.

†††††††††††† (2)A person who is registered as a physiotherapist under this Act is a member of the college.

†††††††††††† (3)The objects of the college are to assure to the general public, proficiency and competency in the practice of physiotherapy and to regulate and govern registered physiotherapists and the practice of physiotherapy.

Council of college

††††††† 4. (1) The college shall be governed by a council consisting of

†††††††††††† (a)7 members elected from and by registered physiotherapists in accordance with the by-laws; and

†††††††††††† (b)2 members appointed under section 5 who are not registered physiotherapists.

†††††††††††† (2)A member is eligible to be re-elected, but shall not be a member for more than 9 consecutive years.

†††††††††††† (3)An elected member may resign by written notice to the council.

†††††††††††† (4)Where an elected member resigns, dies or becomes incapable of performing his or her duties, the remaining members shall appoint a replacement to serve until the next annual general meeting.

†††††††††††† (5)Elected members shall serve without payment for their services, but their travel and other expenses associated with their duties as members shall be paid by the college, in accordance with the by-laws.

†††††††††††† (6)The council shall elect an executive from its members including a chairperson who chairs meetings of the council, a vice-chairperson who shall preside over meetings in the absence of the chairperson and other officers as provided for in the by-laws.

Appointed members

††††††† 5. (1) The minister shall appoint 2 members of the council who are not registered physiotherapists who are suitable to represent the public interest.

†††††††††††† (2)A person appointed under subsection (1) holds office for a term of 3 years and is eligible to be re-appointed.

†††††††††††† (3)Where a person appointed under subsection (1) holds office for a period of 9 consecutive years the person is not eligible for appointment as a member of the council until the expiration of 12 months from the end of the year in which he or she was last a member.

†††††††††††† (4)Where the term of office of a person appointed under this section expires, he or she continues to be a member of the council until re-appointed or replaced.

†††††††††††† (5)The college shall pay the expenses of a person appointed to the council under this section in accordance with guidelines established by the Lieutenant-Governor in Council.

†††††††††††† (6)A person appointed under subsection (1) may be removed from office by the minister before the expiration of his or her term of office and no compensation shall be paid to him or her other than an amount owing under subsection (5).

†††††††††††† (7)A person appointed under subsection (1) may resign from the council by written notice to the minister.

Annual meeting

††††††† 6. (1) The college shall hold an annual general meeting at a time and place in the province that the council may determine.

†††††††††††† (2)At the annual general meeting

†††††††††††† (a)an auditor shall be appointed by the college to audit the accounts of the college and to report on the financial statements of the college; and

†††††††††††† (b)the college shall consider and vote on those other matters required by the by-laws.

†††††††††††† (3)The college may in its by-laws provide for voting by registered physiotherapists at the annual general meeting of the college by mail or electronic means.

†††††††††††† (4)The council shall prepare and submit to the minister before July 1

†††††††††††† (a)a report on the activities of the college; and

†††††††††††† (b)the college's audited financial statements.

†††††††††††† (5)Where the council fails to comply with subsection (4), the college is guilty of an offence and on summary conviction may be fined $1,000.

Registrar and meetings of council

††††††† 7. (1)  The council shall appoint a registered physiotherapist to be registrar, either from among the members of the council or outside the council but where the registrar is not an elected member of the council he or she shall not have a vote.

†††††††††††† (2)The registrar shall carry out the duties imposed upon the registrar by this Act.

†††††††††††† (3)The registrar is, by virtue of the office, a member of the council where he or she is appointed from outside the council.

†††††††††††† (4)At meetings of the council, each member of the council shall have one vote and in the case of a tie, the chairperson or, in the absence of the chairperson, the vice-chairperson shall have a second or casting vote.

†††††††††††† (5)Except where prohibited in the by-laws, a member of the council may, where all the members of the council consent, participate in a meeting of the council by means of the telephone or other telecommunication device that permits all persons participating in the meeting to communicate with each other.

By-laws and quorum

††††††† 8. (1) The council may make by-laws

†††††††††††† (a)providing for the holding and procedure of its and the college's meetings;

†††††††††††† (b)providing for a quorum for a meeting of the college and the matters of business that may be addressed and voted on at a meeting of the college;

†††††††††††† (c)providing for the election of members of the council under paragraph 4(1)(a) and setting the term of office;

†††††††††††† (d)respecting the participation of members of the council in a meeting of the council by telephone or other telecommunication device under subsection 7(5);

†††††††††††† (e)respecting the maintenance of the register and the form and contents of it;

††††††††††††† (f)respecting the remuneration and payment of travel expenses of members of adjudication tribunals;

†††††††††††† (g)establishing a code of ethics which shall include

††††††††††††††††††††† (i)a definition of "professional misconduct" and "conduct unbecoming a physiotherapist" for the purposes of sections 15 to 31,

†††††††††††††††††††† (ii)standards governing the practice of physiotherapy, including standards of professional competence and of capacity and fitness to practise, and

††††††††††††††††††† (iii)rules respecting methods of advertising;

†††††††††††† (h)providing for voting at meetings of the college and the council;

††††††††††††† (i)respecting the issuance and term of certificates of registration;

††††††††††††† (j)respecting the information and verification of information required of applicants for registration; and

†††††††††††† (k)generally, to assist in the administration of this Act and the regulations.

†††††††††††† (2)A by-law may be made, amended or repealed at a meeting of the council if 30 days notice, or the shorter period to which members of the council may consent, is given of the intention to make, amend or repeal a by-law, and of the meeting, to the members of the council.

†††††††††††† (3)The council shall have the by-laws available for inspection by the public on reasonable notice and at reasonable hours.

†††††††††††† (4)Six members of the council, one of whom is a member appointed by the minister to represent the public interest, shall constitute a quorum for a meeting.

Regulations

††††††† 9. (1) The council may, with the approval of the minister, make regulations

†††††††††††† (a)respecting the conditions for registration as a physiotherapist, including the conditions respecting conditional and temporary registration;

†††††††††††† (b)establishing conditions for the renewal of registration including the participation in continuing education programs, refresher courses and other activities related to the maintenance of professional standards;

†††††††††††† (c)respecting the holding and standard of examinations for registration under this Act and the content of examination papers;

†††††††††††† (d)prescribing the forms of treatment which may be applied by physiotherapists;

†††††††††††† (e)respecting alternative dispute resolution for the purposes of section 19 and the procedure for that resolution;

††††††††††††† (f)respecting time limits for events in the disciplinary process in sections 15 to 31, including time limits for

††††††††††††††††††††† (i)the filing of an allegation,

†††††††††††††††††††† (ii)the resolution of an allegation by the registrar,

††††††††††††††††††† (iii)the conduct of an investigation under section 19,

††††††††††††††††††† (iv)consideration of an allegation by the council following completion of an investigation,

†††††††††††††††††††† (v)responding to a complainant and respondent at each stage of the process,

††††††††††††††††††† (vi)the conduct of a practice investigation under subparagraph 19(3)(c)(ii),

†††††††††††††††††† (vii)the appointment of an adjudication tribunal under section 20, and

††††††††††††††††† (viii)the conduct of a hearing and the filing of a decision or order by an adjudication tribunal following completion of the hearing;

†††††††††††† (g)prescribing standards with respect to the practice of physiotherapy in the offices of the physiotherapists;

†††††††††††† (h)defining the designation of specialist physiotherapist and prescribing the conditions required for registration as a specialist physiotherapist; and

††††††††††††† (i)generally, to give effect to the purpose of this Act.

†††††††††††† (2)Notwithstanding subsection (1), the minister may make regulations to prescribe time limits for events in the disciplinary process under sections 15 to 31 where the council does not do so within a time the minister considers reasonable.

Fees

††††† 10. The council may establish fees for registration and the renewal or reinstatement of registration under this Act.

Regulations re: physiotherapy auxiliaries

††††† 11. The council may, subject to the approval of the minister, make regulations with respect to physiotherapy auxiliaries

†††††††††††† (a)defining a physiotherapy auxiliary and classifying physiotherapy auxiliaries;

†††††††††††† (b)prescribing the qualifications necessary for each class of physiotherapy auxiliaries to be registered or certified under this Act;

†††††††††††† (c)providing for the registration or certification of persons in each class of physiotherapy auxiliaries;

†††††††††††† (d)prescribing the services that may be provided by each class of physiotherapy auxiliaries;

†††††††††††† (e)establishing standards of conduct, competence and proficiency for each class of physiotherapy auxiliaries;

††††††††††††† (f)defining professional misconduct for each class of physiotherapy auxiliaries;

†††††††††††† (g)defining the activities that constitute a conflict of interest and prohibiting the engagement of a physiotherapy auxiliary in those activities;

†††††††††††† (h)providing for the cancellation of the registration of a physiotherapy auxiliary or the suspension or revocation of his or her registration or certificate and regulations made under this paragraph shall include provisions respecting the holding of a hearing composed of a panel of 3 persons, one of whom shall be a physiotherapy auxiliary registered or certified under this section; and

††††††††††††† (i)concerning other matters with respect to physiotherapy auxiliaries that the council considers necessary.

Registration of physiotherapists

††††† 12. (1) A person who satisfies the conditions for registration as a physiotherapist set out in the regulations is entitled to be registered as a physiotherapist under this Act.

†††††††††††† (2)The registrar shall register an applicant for registration as a physiotherapist who

†††††††††††† (a)satisfies the conditions for registration as a physiotherapist set out in the regulations;

†††††††††††† (b)pays the fees set by the council; and

†††††††††††† (c)provides evidence that he or she has obtained professional liability insurance coverage in a form and amount satisfactory to the council.

†††††††††††† (3)The registrar may register an applicant for registration conditionally or temporarily subject to the terms for conditional or temporary registration set out in the regulations.

Limitation to practise

††††† 13. A person who is a member of the college shall be entitled to practise physiotherapy as a registered physiotherapist, using the designation "Reg. PT.", and a person shall not practise or offer to practise as a physiotherapist for gain or reward or use the designation "Reg. PT." or words or letters indicative of the designation, or convey the impression that he or she is practising as a physiotherapist, unless the person is a member of the college.

Register

††††† 14. (1) The council shall maintain a register containing the names of members of the college and other information that may be required by the by-laws.

†††††††††††† (2)The council shall make the register of the college available for inspection by the public on reasonable notice and at reasonable times.

†††††††††††† (3)A certificate, signed or purporting to be signed by the registrar, that the name of a person was or was not entered in the register on a date or during a period specified in the certificate shall be admissible in evidence without proof of the signature of the registrar, and the contents of the certificate shall be, in the absence of evidence to the contrary, evidence of the facts stated in it.

Definitions

††††† 15. In this section and sections 16 to 31

†††††††††††† (a)"allegation" means a written document alleging that a person has engaged in conduct deserving of sanction;

†††††††††††† (b)"complainant" means a person making an allegation;

†††††††††††† (c)"conduct deserving of sanction" includes

††††††††††††††††††††† (i)professional misconduct,

†††††††††††††††††††† (ii)professional incompetence,

††††††††††††††††††† (iii)conduct unbecoming a physiotherapist, and

††††††††††††††††††† (iv)acting in breach of this Act, the regulations or the code of ethics made under section 8;

†††††††††††† (d)"costs incurred by the college" includes

††††††††††††††††††††† (i)out of pocket expenses incurred by or on behalf of the college,

†††††††††††††††††††† (ii)amounts paid by the college to adjudication tribunal members as remuneration and for expenses, and

††††††††††††††††††† (iii)the actual cost of legal counsel for the college and the adjudication tribunal;

†††††††††††† (e)"disciplinary panel" means the panel of persons appointed under section 16 from which the members of an adjudication tribunal are chosen; and

††††††††††††† (f)"respondent" means a physiotherapist, a former physiotherapist or a person who is registered as a physiotherapy auxiliary against whom an allegation is made.

Committees

††††† 16. (1) The council shall appoint 3 of its members, at least one of whom was appointed by the minister to represent the public interest, to constitute a complaints authorization committee.

†††††††††††† (2)The council shall appoint the chairperson and vice-chairperson of the complaints authorization committee from the persons appointed under subsection (1).

†††††††††††† (3)The registrar is not eligible to be a member of the complaints authorization committee.

†††††††††††† (4)The council shall appoint at least 10 registered physiotherapists who are not members of the council, one of whom shall be appointed to serve as chairperson, and the minister shall appoint at least 5 persons, who are not registered physiotherapists or members of the council, to represent the public interest, who shall together constitute a disciplinary panel.

†††††††††††† (5)Of the members first appointed to the disciplinary panel, one half shall be appointed for a term of 2 years and the remainder for a term of 3 years and all subsequent appointments of members to the disciplinary panel shall be for a term of 3 years.

†††††††††††† (6)Notwithstanding the expiry of his or her term, a member of the disciplinary panel continues to be a member until he or she is re-appointed or his or her replacement is appointed.

†††††††††††† (7)Persons appointed to the disciplinary panel may be reappointed.

†††††††††††† (8)Members of the disciplinary panel shall serve on the panel without payment for their services, but may be remunerated for service as a member of an adjudication tribunal and paid their travel and other expenses associated with the work of that tribunal by the council, in accordance with and at the rates set by the by-laws.

†††††††††††† (9)The complaints authorization committee, an adjudication tribunal appointed under section 20 and a person appointed by either of them may summon a respondent or other person and require the respondent or other person to give evidence, orally or in writing, upon oath or affirmation, and produce the documents and things that either of them considers necessary to the full investigation and hearing of an allegation or complaint and shall have the powers, privileges and immunities that are conferred on a commissioner appointed under the Public Inquiries Act.

Allegation

††††† 17. (1) An allegation shall be in writing and signed by the complainant or his or her solicitor, and filed with the registrar.

†††††††††††† (2)The registrar may on his or her own motion make an allegation and file it, and the allegation shall have the same effect as an allegation referred to in subsection (1).

†††††††††††† (3)Where the registrar has been informed that a respondent has been convicted of an offence under the provisions of the Criminal Code or a similar penal statute of another country or has been suspended by a governing body of physiotherapists in another province or territory of Canada or another territory or country for reason of professional misconduct, conduct unbecoming a physiotherapist or professional incompetence, the information shall be dealt with by the registrar as an allegation.

†††††††††††† (4)For the purpose of subsection (3), a certified copy of the record of a conviction or findings made or the action taken by an external regulatory body constitutes proof, in the absence of evidence to the contrary, of the conviction or findings made or the action taken by that body, without proof of the signature of the convicting justice or person purporting to have signed on behalf of that body.

Effect of filing allegation

††††† 18. (1) Where it appears to the registrar after notifying the respondent of the allegation that the allegation may be resolved satisfactorily and where the complainant and the respondent consent, the registrar may attempt to resolve the matter.

†††††††††††† (2)Where the allegation is not satisfactorily resolved by the registrar under subsection (1), the registrar shall refer the allegation and all other allegations to the complaints authorization committee.

†††††††††††† (3)The registrar shall inform a complainant and a respondent of the referral of the allegation to the complaints authorization committee.

Complaints authorization committee

††††† 19. (1) After an allegation has been submitted to the complaints authorization committee, the committee may exercise one or more of the following powers:

†††††††††††† (a)refer the allegation back to the registrar for an investigation or alternative dispute resolution in accordance with the regulations;

†††††††††††† (b)conduct an investigation itself or appoint a person to conduct an investigation on its behalf; and

†††††††††††† (c)require the respondent to appear before it.

†††††††††††† (2)Where the complaints authorization committee is of the opinion that there are no reasonable grounds to believe the respondent has engaged in conduct deserving of sanction, the committee shall dismiss the allegation and give notice in writing of the dismissal to the complainant.

†††††††††††† (3)Where the complaints authorization committee is of the opinion that there are reasonable grounds to believe that a respondent has engaged in conduct deserving of sanction, the allegation shall be considered as constituting a complaint, and the committee may

†††††††††††† (a)counsel or caution the respondent; or

†††††††††††† (b)instruct the registrar to file the complaint against the respondent and refer it to the disciplinary panel; and

†††††††††††† (c)recommend to the council that

††††††††††††††††††††† (i)the respondentís registration be suspended or restricted, or

†††††††††††††††††††† (ii)the registrar or another person appointed by the committee conduct an investigation of the respondentís practice,

at any time before a final determination by the adjudication tribunal.

†††††††††††† (4)A person conducting an investigation under paragraph (1)(a) or (b) or subparagraph (3)(c)(ii) may require

†††††††††††† (a)the respondent to

††††††††††††††††††††† (i)undergo an examination or assessment he or she considers necessary and as arranged by the registrar, and

†††††††††††††††††††† (ii)permit the registrar or a member of the complaints authorization committee or a person appointed by the complaints authorization committee to inspect and copy the records of the respondent and other documents relating to the subject matter of the investigation; and

†††††††††††† (b)another person to permit the registrar or a member of the complaints authorization committee or a person appointed by the complaints authorization committee to inspect and copy records and other documents relating to the subject matter of the investigation held by that person,

and the respondent or other person shall comply.

†††††††††††† (5)An action for damages does not lie against a physiotherapist or another person to whom a request is made solely because he or she provides information requested of him or her under subsection (4).

†††††††††††† (6)Where the registrar, a member of the complaints authorization committee or a person appointed by the complaints authorization committee requires that a respondent or another person provide information under subsection (4), that information shall be provided within 7 days of receipt of the requirement or a different period as specified.

†††††††††††† (7)Where the complaints authorization committee recommends to the council that a respondentís practice be suspended, restricted or investigated under paragraph (3)(c), the council may

†††††††††††† (a)decide not to act on the recommendation; or

†††††††††††† (b)suspend, restrict or investigate the respondentís practice.

†††††††††††† (8)A complainant whose allegation is dismissed by the complaints authorization committee under subsection (2) may, within 30 days after receiving notice of the dismissal, appeal the dismissal to the Trial Division by filing a notice of appeal with the Registrar of the Supreme Court.

†††††††††††† (9)Subsections (4), (5) and (6) apply to the Crown.

Adjudication tribunal

††††† 20. (1) For the purpose of dealing with complaints referred to the disciplinary panel, the chairperson of the disciplinary panel shall appoint from it an adjudication tribunal consisting of 3 persons, of whom 2 shall be registered physiotherapists and one shall be a member of the panel appointed to represent the public interest.

†††††††††††† (2)The chairperson of the disciplinary panel shall appoint one of the registered physiotherapists on an adjudication tribunal to be the chairperson.

Hearing

††††† 21. (1) Where a complaint has been referred under paragraph 19(3)(b), an adjudication tribunal shall hear the complaint.

†††††††††††† (2)The parties to a hearing are the college and the respondent and a party may be represented by his or her counsel at a hearing.

†††††††††††† (3)A hearing shall be conducted in public but an adjudication tribunal may exclude the public from a hearing, or from part of it, where it considers the desirability of protecting a party to the complaint or another person against the consequences of possible disclosure of personal matters outweighs the desirability of holding the hearing in public.

Copies of books, etc. as evidence

††††† 22. A copy or extract of a book, record, document or thing certified by

†††††††††††† (a)a member of the complaints authorization committee; or

†††††††††††† (b)a person authorized under section 19 to conduct an investigation,

who made the copy or extract is admissible in evidence in an action, proceeding or prosecution, in the absence of evidence to the contrary, as evidence of the original book, record, document or thing and its contents.

Guilty plea by respondent

††††† 23. (1) Where a respondent pleads guilty to one or more of the charges set out in a complaint, the adjudication tribunal shall, without calling evidence or hearing witnesses, unless the tribunal believes it is appropriate to do so, hear submissions from the parties.

†††††††††††† (2)Where a respondent pleads guilty, and following submissions under subsection (1), the adjudication tribunal may

†††††††††††† (a)reprimand the respondent;

†††††††††††† (b)order that the respondent be suspended for a fixed period that it considers appropriate, until conditions which it may impose are fulfilled, or until further order of the adjudication tribunal;

†††††††††††† (c)allow or direct the respondent to surrender his or her certificate of registration to the council upon those conditions that may be considered appropriate and strike the respondentís name from the register;

†††††††††††† (d)impose a fine not to exceed $10,000 to be paid to the college;

†††††††††††† (e)order that the respondent pay the costs or a part of the costs incurred by the college in the investigation and hearing of the complaint;

††††††††††††† (f)order that the registrar publish a summary of the decision including the information set out in subsection 25(4) and other information that the tribunal may specify; and

†††††††††††† (g)order that the respondent comply with one or more of the following:

††††††††††††††††††††† (i)make restitution to the complainant or other person affected by the conduct of the respondent,

†††††††††††††††††††† (ii)obtain medical treatment,

††††††††††††††††††† (iii)obtain counselling,

††††††††††††††††††† (iv)obtain substance abuse counselling or treatment, until the respondent can demonstrate to the council or other body or person designated by the adjudication tribunal that a condition related to substance abuse rendering the respondent incapable or unfit to practise has been overcome,

†††††††††††††††††††† (v)engage in continuing education programs,

††††††††††††††††††† (vi)complete a course of studies or obtain supervised clinical experience, or both, to the satisfaction of the council or another body or person designated by the adjudication tribunal,

†††††††††††††††††† (vii)report on his or her compliance with an order made under this section and authorize others involved with his or her treatment or supervision to report on it,

††††††††††††††††† (viii)restrict his or her professional practice or continue his or her practice under specified conditions,

††††††††††††††††††† (ix)permit periodic inspection of his or her practice,

†††††††††††††††††††† (x)permit periodic inspection of records relating to his or her practice, or

††††††††††††††††††† (xi)impose other requirements that are just and reasonable in the circumstances.

†††††††††††† (3)The costs incurred by the college to ensure the compliance of a respondent with an order or direction of an adjudication tribunal under this section shall be borne by the respondent.

Powers of adjudication tribunal

††††† 24. (1) Upon the hearing of a complaint, an adjudication tribunal shall decide whether or not a respondent is guilty of conduct deserving of sanction.

†††††††††††† (2)Where an adjudication tribunal decides that a respondent is not guilty, it shall dismiss the complaint and may, where it believes that the submission of the complaint to the tribunal for a hearing was unreasonable,

†††††††††††† (a)order that those costs that the tribunal considers appropriate be paid by the college to the respondent; and

†††††††††††† (b)make another order that it considers appropriate.

†††††††††††† (3)Where an adjudication tribunal decides that a respondent is guilty, it may

†††††††††††† (a)reprimand the respondent;

†††††††††††† (b)order that the respondent be suspended for a fixed period that it considers appropriate, until conditions which it may impose are fulfilled, or until further order of the adjudication tribunal;

†††††††††††† (c)allow or direct the respondent to surrender his or her certificate of registration to the council upon those conditions that may be considered appropriate and strike the respondentís name from the register;

†††††††††††† (d)impose a fine not to exceed $10,000 to be paid to the college;

†††††††††††† (e)order that the respondent pay the costs or a part of the costs incurred by the college in the investigation or hearing of the complaint;

††††††††††††† (f)order that the registrar publish a summary of the decision including the information set out in subsection 25(4) and other information that the tribunal may specify; and

†††††††††††† (g)order that the respondent comply with one or more of the following:

††††††††††††††††††††† (i)make restitution to the complainant or other person affected by the conduct of the respondent,

†††††††††††††††††††† (ii)obtain medical treatment,

††††††††††††††††††† (iii)obtain counselling,

††††††††††††††††††† (iv)obtain substance abuse counselling or treatment, until the respondent can demonstrate to the council or other body or person designated by the adjudication tribunal that a condition related to substance abuse rendering the respondent incapable or unfit to practise has been overcome,

†††††††††††††††††††† (v)engage in continuing education programs,

††††††††††††††††††† (vi)complete a course of studies or obtain supervised clinical experience, or both, to the satisfaction of the council or other body or person designated by the adjudication tribunal,

†††††††††††††††††† (vii)report on his or her compliance with an order made under this section and authorize others involved with his or her treatment or supervision to report on it,

††††††††††††††††† (viii)restrict his or her professional practice or continue his or her practice under specified conditions,

††††††††††††††††††† (ix)permit periodic inspection of his or her practice,

†††††††††††††††††††† (x)permit periodic inspection of records relating to his or her practice, or

††††††††††††††††††† (xi)impose other requirements that are just and reasonable in the circumstances.

†††††††††††† (4)The costs incurred by the college to ensure the compliance of a respondent with an order or direction of an adjudication tribunal under this section shall be borne by the respondent.

Filing and publication of decisions

††††† 25. (1) An adjudication tribunal shall file a decision or order made under subsection 23(2) or subsection 24(2) or (3) with the registrar and provide a copy to the complainant, the respondent, the respondent's employer and sponsor, where he or she has one, and the minister.

†††††††††††† (2)The registrar shall maintain a copy of a decision or order filed under subsection (1) for a minimum of 5 years after the day the decision is filed and shall upon receiving a request to view the disciplinary records in relation to a physiotherapist permit a person to view a summary of a decision where that physiotherapist was the respondent, prepared in accordance with subsection (4).

†††††††††††† (3)The registrar shall publish a summary of a decision or order of an adjudication tribunal in a newspaper of general circulation in or nearest to the community in which the respondent practises within 14 days of the filing of the decision or order, where the decision or order

†††††††††††† (a)suspends the respondent;

†††††††††††† (b)allows or directs the respondent to surrender his or her certificate of registration;

†††††††††††† (c)restricts the respondentís practice;

†††††††††††† (d)specifies conditions for the continuing practice of the respondent; or

†††††††††††† (e)requires that a summary of the decision or order be published.

†††††††††††† (4)The summary of the decision published under subsection (3) shall include

†††††††††††† (a)the name of the respondent and the address where he or she practises;

†††††††††††† (b)the date, location and a brief description of the conduct of the respondent that was found to be deserving of sanction;

†††††††††††† (c)the name of the complainant, unless the complainant has requested that his or her name be withheld;

†††††††††††† (d)the contents of the order in relation to the actions referenced in paragraphs (3)(a) to (d); and

†††††††††††† (e)other information specified for publication in the decision or order.

†††††††††††† (5)Where a decision published under this section is varied or set aside, the registrar shall within 14 days of the filing of the subsequent decision or order publish a summary of the decision or order and subsections (3) and (4) apply, with the necessary changes.

De-registration and suspension

††††† 26. (1) Where a respondent is allowed or directed to surrender his or her certificate of registration, his or her rights and privileges as a registered physiotherapist cease.

†††††††††††† (2)Where a respondent is suspended, his or her rights and privileges as a registered physiotherapist cease for the period of suspension.

†††††††††††† (3)Where conditions or restrictions have been imposed upon a respondentís ability to carry on his or her practice, his or her rights and privileges as a registered physiotherapist shall be limited to the extent specified by the conditions or restrictions.

Failure to comply

††††† 27. (1) On application by the college to the disciplinary panel, an adjudication tribunal may make an order suspending the registration of the respondent where it determines that the respondent has failed to comply with a decision or an order under sections 15 to 31.

†††††††††††† (2)The parties to the application are the college and the respondent.

†††††††††††† (3)An order of an adjudication tribunal under this section may suspend the registration of the respondent for a fixed period that the adjudication tribunal may consider appropriate, or until conditions which it may impose are fulfilled, or until further order of the adjudication tribunal.

Reinstatement and readmission

††††† 28. (1) Where, in a decision or order, an adjudication tribunal

†††††††††††† (a)suspends the respondent;

†††††††††††† (b)allows or directs the respondent to surrender his or her certificate of registration or to be removed from a register maintained under this Act;

†††††††††††† (c)restricts the respondentís practice; or

†††††††††††† (d)specifies conditions for the continuing practice of the respondent,

and where the respondent alleges that new evidence has become available or a material change in circumstances has occurred since the making of the decision or order, the respondent may apply to the complaints authorization committee for a supplementary hearing to discharge or vary the decision or order based on the new evidence or material change in circumstances.

†††††††††††† (2)An application under subsection (1) shall be made not more than 90 days after the new evidence becomes available or the material change in circumstances has occurred.

†††††††††††† (3)Where an application is made to the complaints authorization committee under subsection (1), and the committee is of the opinion that new evidence has become available or that a material change in circumstances has occurred, as alleged by a respondent, the matter shall be referred to an adjudication tribunal as if it were a matter referred under paragraph 19(3)(b) and sections 21 to 26 apply, with the necessary changes, to the referred matter.

†††††††††††† (4)The parties to a supplementary hearing under this section are the respondent and the college.

†††††††††††† (5)For the purpose of this section, in addition to an order that an adjudication tribunal may make under section 24, a tribunal may

†††††††††††† (a)vary the original decision or order made under section 24; or

†††††††††††† (b)discharge the original decision or order, with or without conditions.

Costs of the college

††††† 29. (1) Where a person who was ordered to pay the costs of the college under paragraph 23(2)(e) or 24(3)(e) fails to pay in the time required, the council may suspend the registration or licence of that person until the costs are paid.

†††††††††††† (2)Costs ordered to be paid under paragraph 23(2)(e) or 24(3)(e) are a debt due to the college and may be recovered by the college by a civil action.

Collection of fine

††††† 30. (1) Where an order is made under section 23 or 24 imposing a fine on a respondent, the college may issue a certificate stating the amount of the fine due and remaining unpaid and the name of the person by whom it is payable, and file the certificate with the Registrar of the Supreme Court.

†††††††††††† (2)Where a certificate is filed with the Registrar of the Supreme Court under subsection (1), it has the same effect and all proceedings may be taken on the certificate as if it were a judgment of the Trial Division for the recovery of the amount stated in the certificate against the person named in the certificate.

†††††††††††† (3)A person named in a certificate filed under this section may, within 30 days after the certificate is filed, apply to a judge of the Trial Division for a review, on a question of law or jurisdiction, of the certificate.

†††††††††††† (4)On an application under subsection (3), the judge may make any amendment to the certificate that is necessary to make the certificate accord with the judgeís decision.

†††††††††††† (5)There is no appeal from a decision of a judge made under this section.

†††††††††††† (6)A certificate filed under this section may also be filed in the judgment enforcement registry on the expiration of the 30 day period referred to in subsection (3) in accordance with Part III of the Judgment Enforcement Act and be enforced in accordance with that Act.

Appeal

††††† 31. (1) The college or the respondent may, within 30 days after receiving notice of a decision or order of an adjudication tribunal, appeal the decision or order or a part of it to the Trial Division by filing a notice of appeal with the Registrar of the Supreme Court.

†††††††††††† (2)An appeal under this section does not stay the decision or order being appealed unless the Trial Division orders otherwise.

Protection from liability

††††† 32. (1) An action for damages does not lie against the registrar, a member of the council, officer, employee or agent of the college or council, a person or committee designated by the college or council, the college as a corporation, the council as governing body of the college, the complaints authorization committee, a person appointed by the complaints authorization committee, the disciplinary panel, an adjudication tribunal or the individual members of those bodies for an act or failure to act or a proceeding initiated or carried out in good faith under this Act, or for carrying out duties or obligations as the registrar, a member of the council, officer, employee, designate, agent, committee member or other person authorized under this Act or for a decision or order made or enforced in good faith under this Act.

†††††††††††† (2)A member of the college is not personally liable for a debt of the college beyond the amount of unpaid dues, fees, fines and penalties owed to the college, but all property of the college shall be held for the payment of the debts of the college.

False declarations

††††† 33. A person who obtains or attempts to obtain an entry of his or her name in the register by making a false or fraudulent declaration or misrepresentation either orally or in writing, and a person who knowingly helps in the making of the declaration or misrepresentation, is guilty of an offence.

Offences

††††† 34. A person who contravenes this Act is guilty of an offence, and is liable on summary conviction to a fine not exceeding $1,000.

Savings

††††† 35. Nothing in this Act limits or prevents the practice of physiotherapy by a person in giving first aid or temporary assistance in case of emergency.

Transition

††††† 36. (1) The members of the council on the day before this Act comes into force are continued as members of the council until an election is held under section 4 of this Act.

†††††††††††† (2)An election to elect the 7 members of the council referred to in paragraph 4(1)(a) of this Act shall be held within 12 months after the day this Act comes into force.

†††††††††††† (3)The minister shall make appointments under paragraph 4(1)(b) of this Act within 30 days of the election held under subsection (2).

†††††††††††† (4)Of the members of the board first elected under section 4 of the Act,

†††††††††††† (a)4 shall be elected for a term of 3 years; and

†††††††††††† (b)3 shall be elected for a term of 2 years.

RSNL1990 cP-13 Rep.

††††† 37. The Physiotherapy Act is repealed.