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Copyright © 2000: Queens Printer,
Revised Statutes of Newfoundland 1990
AN ACT RESPECTING OCCUPATIONAL THERAPISTS
1. This Act may be cited as the Occupational Therapists Act.
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2. In this Act
(a) "association" means the Newfoundland and Labrador Association of Occupational Therapists;
(b) "board" means the Newfoundland and Labrador Occupational Therapy Board referred to in section 3;
(c) "licence" means a licence to practise as an occupational therapist issued under this Act and includes a provisional licence;
(d) "minister" means the Minister of Health;
(e) "occupational therapist" means a person who practises occupational therapy;
(f) "occupational therapy" means the art and science which uses the analysis and application of activities specifically related to occupational performance in areas of self-care, productivity and leisure by addressing problems which impede functional or adaptive behaviour in persons whose occupational performance is impaired by illness, injury, emotional disorder, developmental disorder, social disorder or the aging process;
(g) "register" means the register of occupational therapists; and
(h) "registrar" means the Registrar of Occupational Therapists elected under section 3.
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3. (1) The Newfoundland and Labrador Occupational Therapy Board is continued as a corporation.
(2) The board shall consist of 5 members appointed by the minister
(a) 3 of whom shall be appointed from a list of 5 nominees supplied by the association;
(b) 1 of whom shall be appointed from a list of 2 nominees supplied by the Newfoundland Hospital Association; and
(c) 1 of whom shall be appointed to represent the public.
(3) A member of the board may be appointed for a period not exceeding 3 years and is eligible for reappointment, but a member may not serve for a continuous period exceeding 9 years.
(4) The minister shall appoint 1 of the members of the board as chairperson.
(5) The board shall elect from among its members 1 member who is an occupational therapist as registrar.
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Functions of board
4. The functions of the board are
(a) to establish educational and professional standards for occupational therapists;
(b) to establish qualifications for being licensed as an occupational therapist;
(c) to examine candidates applying to be licensed;
(d) to hear complaints against occupational therapists and administer disciplinary procedures;
(e) to develop and publicize the functions and areas of competence of and standards of practice for occupational therapists;
(f) to monitor the need for occupational therapists; and
(g) to perform those other tasks not included in paragraphs (a) to (f) that are in keeping with the purposes of this Act.
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5. (1) In prescribing the fees payable under this Act the board shall, where it is practicable, ensure that the amounts of the fees are sufficient to enable it to discharge its duties.
(2) All money received by the board shall be applied by it to its duties under this Act.
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6. (1) A person is entitled to a licence from the board if the person
(a) pays the prescribed fee;
(b) is a graduate of a school or program of occupational therapy recognized by the board; and
(c) satisfies the other requirements that may be set out in the regulations.
(2) Except where a licence has been suspended under section 10 and subject to the conditions for the renewal of a licence that the board may by regulation prescribe, the licence of an occupational therapist shall be renewed annually upon payment of the prescribed fee.
(3) It is a condition of the issuing of a licence under this section that the person to whom the licence is issued shall, within 1 month of the date the licence is issued, become a member of the association and continue to be a member, and the failure of that person to comply with this condition makes the licence void from that date or on the date on which the person stops being a member of the association.
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7. (1) The board may issue a provisional licence to a person after being reasonably satisfied that that person has met the academic qualifications required for licensing established under paragraph 6(1)(b), notwithstanding that the person has not met the other conditions for licensing that may be prescribed by the regulations.
(2) A provisional licence is subject to the terms, conditions and limitations that the board may establish in relation to the licence at the time it is issued, including the specific location for which the licence is valid.
(3) A provisional licence is valid for 1 year unless a shorter period is provided for by the board and the board may, on application, renew a provisional licence.
(4) Notwithstanding section 13, a person to whom a provisional licence has been issued may, subject to the terms, conditions and limitations under which the licence was issued, use the designation "occupational therapist".
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Duties of registrar
8. (1) The registrar shall
(a) keep and maintain a register containing the names of persons licensed to practice occupational therapy in the province;
(b) act as secretary to the board; and
(c) perform the other duties that the board may assign.
(2) The registrar shall publish a list of persons licensed to practise occupational therapy in the province in a newspaper having general circulation throughout the province before February 28 in each year.
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Proof of registration
9. 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.
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10. (1) The board shall appoint a disciplinary committee consisting of those members of the board and other persons that the board may decide.
(2) Where the board receives a written complaint alleging negligence, incompetence or improper conduct in a professional respect by an occupational therapist the board or, where the matter is referred to it by the board, the disciplinary committee, shall investigate, hear and determine the complaint and give notice to the person against whom the complaint is made of the time and place of the hearing.
(3) The disciplinary committee shall, after conducting an inquiry into a matter referred to it by the board under subsection (2), report in writing to the board its findings and recommendations and reasons for its recommendations.
(4) Upon receipt of a report of the disciplinary committee and after reviewing the report, or, where the board has itself conducted the inquiry, the board may, where it determines that the complaint is sustained, take disciplinary measures including the suspension or cancellation of the licence of the person complained against and the imposition of fines.
(5) Notice of suspension or cancellation of a licence shall be sent by registered mail to the holder and the holder shall return the licence to the board within 10 days of receipt of the notice.
(6) The registrar shall upon the cancellation of a licence strike the name of the holder from the register.
(7) The board and the disciplinary committee are vested with the powers that are or may be conferred on a commissioner under the Public Inquiries Act for the purpose of a hearing under this section.
(8) An occupational therapist who is the subject of a hearing under this section has the right to be heard and to be represented by a person of his or her choice.
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11. (1) An appeal lies to the Trial Division from a decision of the board made under section 10.
(2) An appeal made under subsection (1) shall be made within 30 days of written notice to the occupational therapist of the decision of the board.
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12. The board may, with the approval of the minister, make regulations
(a) providing for the holding and procedure of its meetings;
(b) prescribing the fees payable for the issuing and renewal of licences;
(c) prescribing forms for the purpose of this Act;
(d) prescribing conditions for the licensing of persons to practise occupational therapy and for the renewal of licences;
(e) respecting continuing education courses and other programs for the purpose of maintaining and improving professional standards;
(f) approving schools and programs of occupational therapy;
(g) respecting the disciplining of occupational therapists;
(h) providing for the referral of persons by a person other than a legally qualified medical practitioner to an occupational therapist;
(i) prescribing fines for the purposes of section 10; and
(j) generally, to give effect to the purpose of this Act.
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Limitation to practise
13. (1) A person shall not use the designation "occupational therapist" or words or the letters "O.T." or letters similar to them indicative of that designation or seek to convey the impression of being an occupational therapist licensed under this Act unless that person is licensed under this Act.
(2) A person shall not practise occupational therapy except upon referral of a person to the person by a legally qualified medical practitioner or another person authorized by the regulations to make a referral.
(3) An occupational therapist shall not diagnose or prescribe medicines or drugs.
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14. A person shall not engage in the practice of occupational therapy unless that person is licensed as an occupational therapist under this Act.
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15. Notwithstanding section 14, nothing in this Act limits or prevents the practice of occupational therapy
(a) by a legally qualified medical practitioner; or
(b) by a person in giving first aid or temporary help in case of emergency.
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16. A person who contravenes this Act or the regulations is guilty of an offence, and is liable on summary conviction for the 1st offence to a fine not exceeding $1,000 and for a 2nd or a subsequent offence to a fine not exceeding $3,000, and in default of payment of a fine to a term of imprisonment for a period not exceeding 3 months.
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