(Consolidated up to 298/94)

ALBERTA REGULATION 298/85

Physical Therapy Profession Act

GENERAL REGULATION

1   In this Regulation,

                                 (a)    “Act” means the Physical Therapy Profession Act;

                                 (b)    “membership year” means a period from January 1 to December 31;

                                 (c)    “temporary licence” means a certificate of registration issued to a person who is registered in a register established under section 7.

AR 298/85 s1

Verbal and Anonymous Complaints

2   The Registrar is not obligated to take any action in respect of

                                 (a)    a complaint that is not in writing, or

                                 (b)    a complaint that is not signed by the complainant. 

AR 298/85 s2

Publication of a Disciplinary Order

3   If the Discipline Committee, the Council or the Court makes an order under the Act, the Council may direct that the name of the person who is the subject of the order or the nature of the order or the factual circumstances that resulted in the order, or all of them, be publicized in a manner and in a form that the Council considers appropriate.

AR 298/85 s3

Costs

4   If the Discipline Committee or the Council makes an order under the Act for the payment of costs of an investigation, hearing or appeal, the costs may include all or any of the following:

                                 (a)    transportation, accommodation and living expenses and any witness fees, honorarium or other payment paid to a person attending at or participating in an investigation, hearing or appeal;

                                 (b)    costs of any transcripts of proceedings;

                                 (c)    costs of renting rooms, renting recording equipment or hiring a reporter to take transcripts of the proceedings;

                                 (d)    fees payable to the lawyer acting on behalf of the College;

                                 (e)    the costs of service of notices or documents;

                                  (f)    other costs or expenses incurred by the College that are attributable, directly or indirectly, to an investigation, hearing or appeal.

AR 298/85 s4

Registration of Physical Therapists

5(1)  A person may apply for registration as a physical therapist by completing an application in the form prescribed by the Council and sending it to the Registration Committee with the documents required under subsection (2) and section 17 of the Act.

(2)  An applicant for registration as a physical therapist shall submit with his application

                                 (a)    the registration fee and annual fees set out in the by‑laws,

                                 (b)    evidence satisfactory to the Registration Committee of the applicant’s good character and, if required, evidence satisfactory to the Registration Committee as to the applicant’s professional reputation and practice,

                                 (c)    a recent dated photograph of the applicant, similar to a passport photograph, signed by the applicant,

                                 (d)    evidence that the applicant is a Canadian citizen or is lawfully admitted to Canada for permanent residence,

                                 (e)    if the applicant’s first language is not English, evidence satisfactory to the Registration Committee that the applicant has a comprehension of the English language sufficient to enable him to practise as a physical therapist, and

                                  (f)    if the applicant was a member of the Alberta Association of Remedial Gymnasts on October 31, 1984, documentation satisfactory to the Registration Committee showing that he graduated from Pinderfield School of Remedial Gymnastics and Recreation Therapy or Cardiff School of Remedial Gymnastics and Recreation Therapy.

AR 298/85 s5

Annual Certificate

6(1)  A physical therapist may apply to the Registration Committee for an annual certificate if he

                                 (a)    graduated from an approved program of physical therapy not more than 3 years prior to the application for an annual certificate, or

                                 (b)    practised physical therapy not fewer than 1550 hours during the 5 years preceding the application for an annual certificate.

(2)  Subsection (1) does not apply to a physical therapist who practises physical therapy an average of 310 hours each year between January 31, 1985 and January 31, 1990.

(3)  If the Registration Committee is in doubt as to the competence or fitness of a person to practise physical therapy, or an applicant has not actively practised physical therapy in accordance with subsection (1)(b) or (2), the Registration Committee may, on receiving an application for an annual certificate,

                                 (a)    approve the application and direct the Registrar to issue an annual certificate subject to the limitation that the applicant practise physical therapy only in the particular field of practice endorsed on the face of the annual certificate,

                                 (b)    defer the issuance of an annual certificate and direct the Registrar to issue a temporary licence subject to the condition that the applicant obtain further experience or education, or both, of a kind and for a period set by the Registration Committee, or

                                 (c)    refuse to approve the issuance of an annual certificate and may direct the Registrar to remove the applicant’s name from the register of physical therapists.

(4)  If the Registrar is directed to issue an annual certificate pursuant to subsection (3)(a), he shall enter in the register of physical therapists the limitation that is endorsed on the face of the annual certificate.

(5)  If the Registrar is directed to issue a temporary licence pursuant to subsection (3)(b), he shall enter

                                 (a)    in the Special Clinical Practice Register established under section 7 the name of the person to whom the temporary licence is issued, and

                                 (b)    in the register of physical therapists a notation indicating that the applicant is practising physical therapy as a registered practitioner and the period during which he is so practising.

(6)  The Registrar shall remove a notation referred to in subsection (5)(b) when a registered practitioner successfully completes the period of experience or education, or both, required by the Registration Committee.

(7)  For the purposes of this section, a physical therapy teacher, administrator, manager, consultant or researcher is considered to be practising physical therapy. 

AR 298/85 s6

Registration of Registered Practitioners

7(1)  The Council shall establish the following registers for registered practitioners:

                                 (a)    Educational Register;

                                 (b)    Special Clinical Practice Register;

                                 (c)    Courtesy Practitioner Register.

(2)  A person registered in the Educational Register pursuant to section 8(1)(a), (b) or (c) and in the Special Clinical Practice Register may practise physical therapy only in an accredited facility under the supervision of a physical therapist.

(2.1)  A person who is a registered practitioner in the Educational Register pursuant to section 8(1)(d) or (e) or who is registered in the Courtesy Practitioner Register may practise without supervision.

(3)  Subject to subsection (4), a temporary licence issued to a registered practitioner expires on the date prescribed on the licence.

(4)  A temporary licence is renewable at the discretion of the Registration Committee.

(5)  A registered practitioner shall pay the fees prescribed by the by‑laws to the Registrar, or to any person authorized by the Registrar to accept payment of fees.

AR 298/85 s7;323/86;372/90

8(1)  A person may apply for registration in the Educational Register by completing an application form prescribed by the Council and sending it to the Registration Committee with evidence that he is

                                 (a)    a graduate or undergraduate student enrolled in an approved program of physical therapy in Alberta and practising physical therapy in order to meet the practice requirements of the program,

                                 (b)    a person who has an undergraduate degree or diploma in physical therapy and is required by the Universities Coordinating Council to obtain practical experience in physical therapy,

                                 (c)    a person who

                                           (i)    is enrolled in an academic program in physical therapy in a jurisdiction outside Alberta, or

                                          (ii)    has an undergraduate degree or diploma in physical therapy from a jurisdiction outside Canada

                                          and is required to obtain practical experience in physical therapy as a requirement of the program or as a condition precedent to obtaining membership in the Canadian Physiotherapy Association,

                                 (d)    a person who has an undergraduate degree or diploma in physical therapy and

                                           (i)    who has had his academic qualifications evaluated by the Universities Co‑ordinating Council and the Council has ruled that his academic qualifications are not substantially equivalent to an undergraduate degree in physical therapy from an approved program of physical therapy but the Registration Committee is satisfied that the deficiencies in the academic qualifications are only of a minor nature, and

                                          (ii)    who has enrolled in programs or courses to make up the deficiency in the qualifications as identified by the Universities Co‑ordinating Council, or

                                 (e)    a person who has a diploma in physical therapy from a program accredited by the Canadian Physiotherapy Association before September 1, 1982 and

                                           (i)    has had his academic qualifications validated by the Universities Co‑ordinating Council,

                                          (ii)    has provided the evidence referred to in section 5(2)(b), and

                                         (iii)    has practiced physical therapy for not fewer than 1550 hours during the 5 years preceding the application under this section.

(2)  If the Registration Committee approves an application under subsection (1), it shall direct the Registrar to enter the name of the applicant in the Educational Register and issue a temporary licence to him.

(3)  Repealed AR 323/86 s3.

AR 298/85 s8;323/86;372/90

9(1)  The Registrar shall enter in the Special Clinical Practice Register the name of a person whose application for registration as a physical therapist is deferred under section 15(2)(c) of the Act or whose application for an annual certificate is deferred under section 6(3)(b) of this Regulation.

(2)  On entering the name of a person in the Special Clinical Practice Register, the Registrar shall issue a temporary licence to him.

(3)  The Registrar shall cancel the registration in the Special Clinical Practice Register of a person who completes the period of experience required by the Registration Committee.

AR 298/85 s9

10(1)  The Registrar shall enter in the Courtesy Practitioner Register the name of a person who lives outside Alberta, holds a diploma or degree in physical therapy, is entitled to practise as a physical therapist in a jurisdiction outside Alberta and desires registration for the sole purpose of

                                 (a)    participating in, presenting or conducting in Alberta an educational course, program or research project in physical therapy of limited duration,

                                 (b)    providing physical therapy for persons visiting in Alberta, or

                                 (c)    practising physical therapy in Alberta for not more than 1 year pursuant to an exchange program approved by the Council.

(2)  On entering the name of a person in the Courtesy Practitioner Register, the Registrar shall issue a temporary licence to him.

(3)  The Registrar shall cancel the registration in the Courtesy Practitioner Register of a person when the purpose for which his registration was required terminates.

AR 298/85 s10;372/90

11   Repealed AR 298/94 s2.

Advertising

12(1)  Subject to this section, a physical therapist, registered practitioner or physical therapy corporation may make available to any person or to the public generally

                                 (a)    information about the physical therapist, registered practitioner or physical therapy corporation, and

                                 (b)    information about the services that are available through the physical therapist, registered practitioner or physical therapy corporation.

(2)  Advertising, promotions and other competitive activities by and among physical therapists, registered practitioners and physical therapy corporations must be accurate and must not be capable of misleading the public.

(3)  No physical therapist, registered practitioner or physical therapy corporation shall, directly or indirectly, make available to any person or to the public generally any information that

                                 (a)    compares unfavorably the services or abilities of a physical therapist, registered practitioner or physical therapy corporation with those of another physical therapist, registered practitioner or physical therapy corporation or promise more effective services or better results than those already obtained,

                                 (b)    deprecates the services, fees or abilities of another physical therapist, registered practitioner or physical therapy corporation,

                                 (c)    creates an unjustified expectation as to the results that a physical therapist, registered practitioner or physical therapy corporation can achieve, or

                                 (d)    is undignified or in bad taste or is otherwise incompatible with the best interests of the public.

(4)  No physical therapist, registered practitioner or physical therapy corporation shall use the word “specialist” or “expert” or words of similar import but may designate a preferred area of practice.

(5)  No physical therapist, registered practitioner or physical therapy corporation shall disclose the name of a patient without the consent of the patient.

AR 298/85 s12;82/90

Code of Ethics

13   All physical therapists, registered practitioners and physical therapy corporations must

                                 (a)    be aware of and practise in accordance with the Act, regulations, by‑laws and practice guidelines issued by the Council;

                                 (b)    improve knowledge, skill and judgment in order to maintain a skilled practice of physical therapy;

                                 (c)    provide to a patient in a conscientious and diligent manner a quality of service that is at least equal to that which would normally be expected from a physical therapist, registered practitioner or physical therapy corporation;

                                 (d)    not treat a patient if the treatment is not in the best interest of the patient or when a benefit to the patient cannot reasonably be expected;

                                 (e)    obtain informed consent from the patient or, if the patient is a minor, from the parent or legal guardian by explaining to that person, prior to and during treatment, the goals of treatment and proposed methods of treatment and respect the decisions of the patient, parent or legal guardian to consent to or decline treatment;

                                  (f)    take all reasonable steps to maintain treatment records that include a summary of the findings, history, client goals, assessment, treatment plan and procedures, progress notes and discharge summary;

                                 (g)    not disclose the name of a patient and maintain patient confidentiality and treatment records in accordance with practice guidelines issued by the Council and provide information only to

                                           (i)    the patient, or if the patient is a minor the patient’s parent or legal guardian or to another person with written consent of the patient or if the patient is a minor the patient’s parent or legal guardian,

                                          (ii)    the referring doctor or another member of the health care team involved in the patient’s care,

                                         (iii)    an administrator of the Alberta Health Care Insurance Plan,

                                         (iv)    an administrator of the Workers’ Compensation Board,

                                          (v)    a person conducting an investigation or practice review on behalf of the College, and

                                         (vi)    any other person entitled by law to receive information;

                                 (h)    be responsible for the storage and safe‑keeping of their treatment records and ensure that they are available when required;

                                  (i)    request consultation with or refer patients to colleagues or other members of the health care team when necessary to ensure skilled practice;

                                  (j)    not practise under conditions of impairment that may adversely affect the safety and quality of patient care;

                                 (k)    avoid any sexual impropriety with a patient.

AR 298/85 s13;298/94

14(1)  A physical therapist, registered practitioner and physical therapy corporation shall report to the Registrar any conduct of a physical therapist, registered practitioner or physical therapy corporation that contravenes the Act, regulations, by‑laws or practice guidelines issued by the Council.

(2)  A physical therapist, registered practitioner and physical therapy corporation shall not teach any form of physical therapy in a manner that would lead a reasonable person receiving that instruction to consider himself to be qualified to practise physical therapy by virtue of the instruction, unless it is part of an approved program of physical therapy.

AR 298/85 s17;298/94

15(1)  A physical therapist, registered practitioner and physical therapy corporation must be responsive to and mutually supportive of colleagues and associates.

(2)  A physical therapist, registered practitioner or physical therapy corporation shall not treat a patient who he knows or ought to know is receiving treatment from another physical therapist unless the original physical therapist or the patient has requested an alternate opinion or treatment or the original physical therapist is unavailable.

(3)  Any services provided under subsection (2) must be communicated by the physical therapist who provides the services to the patient’s original physical therapist.

AR 298/85 s14;298/94

16   A physical therapist, registered practitioner and physical therapy corporation

                                 (a)    are responsible for all duties carried out by persons under their supervision, and

                                 (b)    may not delegate to a less qualified person any activity that requires the unique skill, knowledge and judgment of a physical therapist.

AR 298/94 s4

17(1)  A physical therapist, registered practitioner and physical therapy corporation must inform patients of the fees for services prior to the services being provided.

(2)  A physical therapist, registered practitioner and physical therapy corporation may not

                                 (a)    charge fees for services that have not been provided,

                                 (b)    treat a patient solely for financial gain rather than for the benefit of the patient,

                                 (c)    pay fees to any person who refers a patient or receive fees from any person to whom a patient is referred, or

                                 (d)    supply, sell, rent or recommend for purchase any product, article or appliance solely for financial gain rather than for the benefit of the patient.

AR 298/94 s4

18, 19   Repealed AR 298/94 s4.

20(1)  No physical therapist, registered practitioner or physical therapy corporation shall provide physical therapy services

                                 (a)    for or on behalf of a person, other than a physical therapy corporation described in clause (c), who is not a member of the College,

                                 (b)    for or on behalf of a partnership unless legal and beneficial ownership of not less than 75% of the partnership assets is vested in members of the College or in physical therapy corporations, or

                                 (c)    for or on behalf of a physical therapy corporation unless

                                           (i)    the legal and beneficial ownership of

                                                 (A)    75% of the issued and outstanding shares of the corporation, and

                                                  (B)    75% of the issued voting shares of the corporation

                                                  is vested in members of the College, and

                                          (ii)    at least 75% of the directors of the corporation are members of the College.

(2)  Subsection (1) does not apply to a physical therapist, registered practitioner or physical therapy corporation employed by

                                 (a)    an institution owned, operated or controlled by a government or an agency or department of a government,

                                 (b)    a nursing home, whether or not it is owned, operated or controlled by a government or an agency or department of a government,

                                 (c)    an approved hospital as defined in the Hospitals Act, or

                                 (d)    other employers approved by the Council.

AR 298/85 s20

Patient records

20.1(1)  In this section, “patient record” means medical or financial information relating to a patient and any chart, file or other record in which that information is entered.

(2)  No physical therapist, registered practitioner or physical therapy corporation shall mortgage, pledge, hypothecate or otherwise encumber in any way any patient record.

(3)  A physical therapist who is an owner of a private practice physical therapy clinic and the directors of a physical therapy corporation who are physical therapists shall store and keep accessible patient records for not less than 7 years, notwithstanding that the private practice clinic or the practice of the physical therapy corporation ceases to operate for any reason.

(4)  A physical therapist, or on his death his personal representative, or a physical therapy corporation may request the College to take custody of the patient records of the physical therapist or physical therapy corporation and in that event the College may act as the custodian of the patient records or request the President of the College to appoint under subsection (5) a custodian of the patient records.

(5)  The President of the College may appoint the College, a physical therapist or a physical therapy corporation to act as the custodian of the patient records of a physical therapist or physical therapy corporation if, for any reason, the President is of the opinion that it is in the best interests of the public that a custodian be appointed.

(6)  A custodian appointed under subsection (5) may take possession of patient records on the terms and conditions imposed by the College.

AR 82/90 s4

21   Repealed AR 298/94 s5.

Reinstatement of Registration

22(1)  A person whose registration is cancelled under the Act may apply to the Council for an order reinstating the registration of that person.

(2)  The Council may establish a Committee of Inquiry to consider the application and make recommendations to the Council.

(3)  Any person who conducted a preliminary investigation or was a member of the Discipline Committee or Council involved in the cancellation of the registration of a person shall not be a member of the Committee of Inquiry to which that person’s application for reinstatement is referred.

(4)  The Registrar shall publish to all physical therapists and physical therapy corporations, in a manner approved by the Council, the name of the person seeking reinstatement before the date on which the Committee of Inquiry considers the application.

AR 298/85 s22

23   The following applies to an inquiry by a Committee of Inquiry:

                                 (a)    the applicant shall appear before the Committee at the time and place set by the Committee;

                                 (b)    any person may appear before the Committee to show cause why the applicant should not be granted reinstatement;

                                 (c)    the applicant may be represented by counsel, give evidence and present any evidence that the Committee considers relevant;

                                 (d)    the Committee is not bound by the rules of law concerning evidence applicable to judicial proceedings but may proceed to ascertain the facts in any manner it considers appropriate. 

AR 298/85 s23

24(1)  The Committee of Inquiry shall file a report in writing with the Registrar stating whether or not, in its opinion, the registration of the applicant should be reinstated and any conditions that should be imposed on the reinstatement.

(2)  The Registrar shall provide copies of the report to the Council and the applicant.

(3)  The report of the Committee of Inquiry shall be considered by the Council at the next regular meeting of the Council or not more than 4 months after the report is received by the Registrar, whichever occurs first.

(4)  The Council may reinstate the registration of the applicant subject to any terms and conditions it considers appropriate.

(5)  The Registrar shall notify the applicant of the Council’s decision forthwith.

AR 298/85 s24

25(1)  Subject to section 33(4) of the Act, the Council may establish policies and procedures respecting the conduct of a practice review.

(2)  On receipt of a request, the Council shall provide a copy of the policies and procedures established under subsection (1). 

(3)  A review of a practice is subject to the Act, this Regulation and the policies and procedures established under subsection (1).

AR 298/85 s25;130/92

26   The Practice Review Board, when conducting a review pursuant to section 33(1)(b) of the Act, may authorize one or more persons who may or may not be members of the Practice Review Board to conduct the review of the practice of a physical therapist, physical therapy corporation or registered practitioner.

AR 130/92 s3

27   During the 3 years after the date that sections 25 and 26 come into force, a review of the practice shall not be conducted of a physical therapist employed in an approved hospital, as defined in the Hospitals Act, a nursing home, as defined in the Nursing Homes Act or a health unit as defined in the Public Health Act, or a physical therapist employed pursuant to a program operated by the Minister.

AR 130/92 s3