This is an official version.

Copyright 2000: Queen’s Printer,
St. John's, Newfoundland and Labrador, Canada

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Revised Statutes of Newfoundland 1990


CHAPTER P-13

AN ACT RESPECTING THE PRACTICE OF PHYSIOTHERAPY

Analysis

1. Short title

2. Definitions

3. College

4. Objects and powers of college

5. Membership of college

6. Annual general meeting

7. Council of the college

8. Regulations

9. Recognition of schools, etc.

10. Limitation to practise

11. Practice under direction of doctor

12. Register

13. Complaints

14. False declarations

15. Offences

16. Savings


Short title

1. This Act may be cited as the Physiotherapy Act.

RSN1970 c296 s1

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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 7;

(c) "minister" means the Minister of Health;

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

(e) "physiotherapy" means physical therapy and includes the scientific application of therapeutic treatment to sick or disabled persons by the use in a suitable medium of

(i) remedial exercise, massage and manipulation,

(ii) radiant, mechanical or electrical energy,

(iii) hydrotherapy, or

(iv) other forms of treatment that may be prescribed in the regulations; and

(f) "register" means the register of members of the college maintained under section 12.

RSN1970 c296 s2

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College

3. The Newfoundland and Labrador College of Physiotherapy is continued as a corporation.

RSN1970 c296 s3

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Objects and powers of college

4. The objects of the college are to promote, encourage and improve the status of physiotherapists and to maintain, improve and increase the knowledge, ability and competence of its members, with power to do lawful things that are incidental or conducive to the attainment of those objects, including power to acquire by purchase, lease or otherwise and after acquiring to sell, mortgage, pledge, lease or dispose of real and personal property.

RSN1970 c296 s4

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Membership of college

5. (1) A person who is registered under this Act shall be a member of the college.

(2) A person who satisfies the conditions set out in subsection (3), and who

(a) is over 18 years of age;

(b) applies to the council for registration under this Act;

(c) is of good moral character; and

(d) pays the fee prescribed by regulation,

shall be entitled to be registered under this Act.

(3) The conditions referred to in subsection (2) are that the person

(a) is a member in good standing of the Canadian Physiotherapy Association;

(b) is a graduate of a school of physiotherapy recognized by the council for the purposes of this Act; and

(c) has passed the examinations prescribed by the regulations for the purposes of registration under this Act.

(4) A person registered under this Act is entitled to have that registration renewed if the person continues to possess the qualifications by reason of which registration was first obtained and meets other requirements for the renewal of registration that the regulations may prescribe; but nothing in this subsection shall prejudice or affect the right of the council to suspend or cancel the registration of a person under this Act.

RSN1970 c296 s5; 1988 c52 s1

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Annual general meeting

6. There shall be an annual general meeting of the college at which there shall be elected a president, vice-president and a secretary of the college and there may be elected or appointed those other officers and committees that are considered necessary for assisting the council in implementing the affairs of the college.

RSN1970 c296 s6

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Council of the college

7. The affairs of the college shall be administered by a council which shall be composed as follows:

(a) 2 members who are members by virtue of their offices, being

(i) the minister or a registered medical practitioner designated by the minister, and

(ii) a registered medical practitioner appointed by the Newfoundland Medical Association; and

(b) 5 members of the college elected by the college and approved by the minister.

RSN1970 c296 s7; 1983 c76 s12

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Regulations

8. The council may, with the approval of the minister, make regulations

(a) respecting the powers, organization and procedure of the council, the term of office of its members, providing for the removal of members, the calling of and procedure at meetings, including the fixation of a quorum, and generally regulating the council in the performance of its functions;

(b) relating to the registration of physiotherapists, the form of the register and its contents, fixing the fees for registration and the time of payment, providing for annual renewal of registration and fixing the fees payable;

(c) 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;

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

(e) prescribing for the purposes of subparagraph 2(e)(iv) the forms of treatment which may be applied by physiotherapists to sick or disabled persons;

(f) providing for the discipline and control of members of the college, the investigation of complaints against them and for suspension and cancellation of registration;

(g) for the investment and application of the funds of the college;

(h) respecting annual general meetings of the college and the voting and procedure at those meetings; and

(i) respecting a matter necessary or advisable for carrying out the functions of the college or for the proper administration of this Act.

RSN1970 c296 s8; 1988 c52 s2

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Recognition of schools, etc.

9. For the purposes of registration under this Act, the council shall recognize and approve examinations and schools of or pertaining to physiotherapy, and shall make provisions for the holding of examinations as it may consider necessary for those purposes, but the standards of the examinations and schools recognized and approved and of the examinations so held shall not be lower than the standards prescribed by the Canadian Physiotherapy Association.

RSN1970 c296 s9

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Limitation to practise

10. (1) A person who is a member of the college shall be entitled to practise physiotherapy as a registered physiotherapist, using the designation "Reg. Pht.", and a person shall not practise or offer to practise as a physiotherapist for gain or reward or use the designation "Reg. Pht." 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.

(2) The limitation in subsection (1) to a person practising or offering to practise as a physiotherapist or conveying the impression that the person practising as a physiotherapist does not apply to a person who was in practice as a physiotherapist in the province prior to January 6, 1970 but was not eligible to be registered under section 5 as enacted by 1969 No. 54.

RSN1970 c296 s10; 1988 c52 s3

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Practice under direction of doctor

11. A member of the college shall not practise physiotherapy except upon a referral of a patient to the member by a qualified medical practitioner, and shall not diagnose or prescribe medicines or drugs.

1988 c52 s4

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Register

12. (1) The council shall keep and maintain a register containing the names of persons who are members of the college, with the other factual information that may be prescribed in the regulations, and the minister may direct the chairperson of the council to deposit at the office or place that may be specified in the direction particulars of persons whose names appear on the register.

(2) A certificate, signed or purporting to be signed by the chairperson of the council, 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 chairperson of the board, and the contents of the certificate shall be, in the absence of evidence to the contrary, evidence of the facts stated in it.

RSN1970 c296 s12

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Complaints

13. (1) The council shall have the power to inquire into and investigate a complaint made against a member of the college, and in making the investigation the council shall have the powers that are or may be conferred on a commissioner appointed under the Public Inquiries Act.

(2) The council may after inquiry and investigation of a complaint, cancel or suspend the registration of a person found by the council to be guilty of misconduct or incompetence and shall notify the person accordingly, but a person whose membership has been suspended or cancelled may within 1 month after the date of notification of the order of suspension or cancellation on him or her appeal to a judge of the Trial Division against the decision of the council.

(3) Pending the hearing of the appeal, the person whose membership has been suspended or cancelled may continue to practise as a physiotherapist, and, unless the order of suspension or cancellation is set aside by the judge hearing the appeal, the person shall not practise after the appeal has been disposed of, except that in the case of suspension, the person may practise as a physiotherapist after the expiry of the period of suspension.

RSN1970 c296 s13; 1974 No57 Sch C;
1986 c42 Sch A

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False declarations

14. 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.

RSN1970 c296 s14

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Offences

15. A person who contravenes this Act is guilty of an offence, and is liable on summary conviction for the 1st offence to a fine not exceeding $500 and for a 2nd or a subsequent offence to a fine not exceeding $1,000, and in default of payment of a fine to a term of imprisonment for a period not exceeding 1 month.

RSN1970 c296 s15

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Savings

16. Nothing in this Act shall limit or prevent the practice of physiotherapy

(a) by a legally qualified medical practitioner; and

(b) by a person in giving first aid or temporary assistance in case of emergency.

RSN1970 c296 s16

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