Part 10
Transitional
             77      Registration
continued
HER MAJESTY, by and with
the advice and consent of the Legislative Assembly of Alberta, enacts as
follows:
Definitions
1 In this Act,
                                (a)   “accredited
facility� means a clinical facility designated in the bylaws as an accredited
facility;
                                (b)   “approved
program of physical therapy� means a program of physical therapy designated as
an approved program of physical therapy under Part 3;
                                (c)   “bylaws�
means bylaws of the Council made pursuant to section 73;
                                (d)   “College�
means The College of Physical Therapists of Alberta;
                                (e)   “Council�
means the Council of the College;
                                 (f)   “Discipline
Committee� means the Discipline Committee established under this Act;
                                (g)   “former
Act� means the Chartered Physiotherapists
Act, RSA 1980 cC‑6;
                                (h)   “Minister�
means the Minister determined under section 16 of the Government
Organization Act as the Minister responsible for this Act;
                                 (i)   “permit�
means a permit issued to a physical therapy corporation pursuant to section 22;
                                 (j)   “physical
therapist� means a person who is issued a certificate of registration as a
physical therapist under this Act and who holds an annual certificate;
                                (k)   “physical
therapy� means the application of professional physical therapy knowledge in
the assessment and treatment of the human body in order to obtain, regain and
maintain optimal function by the use of any suitable medium of therapeutic
exercise, massage and manipulation or by radiant, mechanical and electric
energy, but does not include an assessment or treatment that is outside the
scope of section 87 of the Medical
Profession Act;
                                 (l)   “physical
therapy corporation� means a corporation that is the holder of a subsisting
permit;
                               (m)   “Practice
Review Board� means the Practice Review Board established under Part 5;
                                (n)   “registered
practitioner� means a person registered in a register described in section
12(1)(c) who is entitled to practise physical therapy subject to conditions or restrictions,
but does not include a physical therapist or a physical therapy corporation;
                                (o)   “Registrar� means the Registrar appointed
under section 11.
1984 cP‑7.5 s1
Interpretation
2 In this Act,
                                (a)   a
reference to “physical therapy� is deemed to include a reference to
“physiotherapy�, and
                                (b)   a reference to “physical therapist� is
deemed to include a reference to “physiotherapist�.
1984 cP‑7.5 s2
Part 1
Practice of Physical Therapy
Exclusive scope
3(1) A physical therapist, a registered practitioner
and a physical therapy corporation are authorized by this Act to practise
physical therapy.
(2) Nothing in this Act authorizes or allows a
registered practitioner who is the holder of a certificate of registration to
practise physical therapy contrary to the limitations, conditions or
restrictions applicable to the certificate of registration or to the registered
practitioner.
1984 cP‑7.5
s3;1990 c33 s5
Application of Act
4(1) Nothing in this Act prevents a person who is
not entitled to practise physical therapy from giving necessary physical
therapy in an isolated case of urgent need or vital necessity if the aid is
given without hire, gain or hope of reward.
(2) Nothing in this Act applies to or affects the
practice of any profession or occupation by any person practising the same
under the authority of any other Act.
1984 cP‑7.5 s4
Duties of employers
5(1) No person shall knowingly employ or engage a
person to provide physical therapy who is not authorized by this Act to
practise physical therapy.
(2) No employer shall require an employee to
perform a physical therapy service or undertake physical therapy work that is
not within the limitations, terms, conditions or restrictions on the practice
of physical therapy that apply to the employee.
1984 cP‑7.5 s6
Injunction
6 The Court of Queen’s Bench, on application by
the Council by way of originating notice, may grant an injunction enjoining any
person from doing any act that contravenes section 3, 5 or 19, notwithstanding
any penalty that may be provided by this Act in respect of that contravention.
1984 cP‑7.5 s7
Part 2
College of Physical Therapists
College
7(1) The Association of Chartered Physiotherapists
of Alberta is continued as a corporation under the name “The College of
Physical Therapists of Alberta�.
(2) The
College has the capacity and, subject to this Act, the rights, powers and
privileges of a natural person.
(3) A physical therapist is a member of the
College.
1984 cP‑7.5 s8
Council
8(1) There is hereby established a governing body of
the College called the Council.
(2) The
Council shall manage and conduct the business and affairs of the College and
exercise the rights, powers and privileges of the College in the name and on
behalf of the College.
(3) The
Council shall submit to the Minister an annual report on those matters of the
business and affairs of the College that the Minister requires in a form
satisfactory to the Minister.
(4) The Minister shall, on receipt of the annual
report of the College, lay it before the Legislative Assembly if it is then
sitting, and if it is not then sitting, within 15 days after the commencement
of the next sitting.
1984 cP‑7.5 s9
Composition of the
Council
9(1) The Council shall consist of
                                (a)   at
least 8 members or a greater number that may be prescribed by or determined in
accordance with the bylaws, each of whom must be elected in accordance with the
bylaws,
                                (b)   when
the number of persons elected under clause (a) does not exceed 10, one member
of the public or, when the number of persons elected under clause (a) is more
than 10, 2 members of the public, who must be appointed by the Minister after
consultation with the Council for a one‑year term of office, and
                                (c)   members,
if any, appointed by the Council as members by virtue of their offices.
(2) A
person who is a member by virtue of the person’s office does not have voting
rights on the Council.
(3) A
member of the Council appointed under subsection (1)(b) continues to hold
office after the expiry of the member’s term of office until the member is
reappointed or the member’s successor is appointed.
(4) The
Minister may, after consultation with the Council, revoke the appointment of a
member of the Council appointed under subsection (1)(b).
(5) The
Minister may, in the absence of any payment by the Council to the member for
that purpose, pay to a member of the Council appointed under subsection (1)(b)
travelling and living expenses incurred by that member for the member’s
attendance at any meeting of the Council while away from the member’s usual
place of residence and fees in an amount prescribed by the Minister.
(6) The
powers, duties and operations of the Council are not affected by
                                (a)   the
fact that no one is appointed as a member of the Council under subsection
(1)(b),
                                (b)   the
revocation under subsection (4) of the appointment of a member of the Council,
or
                                (c)   the
resignation from the Council of a member appointed under subsection (1)(b).
(7) The failure of a member appointed under
subsection (1)(b) to attend a meeting of the Council does not affect or
restrict the Council from exercising any
powers or performing any duties at that meeting.
1984 cP‑7.5 s10
Part 3
Registration
Approved program of
physical therapy
10(1) The Universities Co‑ordinating Council
may grant to and withdraw from an Alberta academic institution the designation
“approved program of physical therapy�.
(2) A
grant or withdrawal of a designation under subsection (1)
                                (a)   is
subject to the approval of the Lieutenant Governor in Council, and
                                (b)   may, after consultation with the
Universities Co‑ordinating Council, be amended by the Lieutenant Governor
in Council at the time the approval is given.
1984 cP‑7.5 s11
Registrar
11 The Council shall appoint a Registrar for the
purposes of this Act.
1984 cP‑7.5 s12
Registers to be
maintained
12(1) The Registrar shall maintain, subject to the
direction of the Council, the following registers:
                                (a)   a
register of physical therapists;
                                (b)   a
register of physical therapy corporations;
                                (c)   a
register for each class or category of registered practitioner established
under the regulations.
(2) The Registrar shall during regular office hours
permit any person to inspect the registers described in subsection (1).
1984 cP‑7.5 s13
Registration Committee
13(1) There is hereby established a Registration
Committee appointed by the Council.
(2) The Registration Committee may delegate its
authority under this Act to the Registrar.
1984 cP‑7.5 s14
Register of Physical
Therapists
Register of physical
therapists
14(1) The Council shall establish a register of
physical therapists.
(2) The
Registration Committee shall consider an application for the registration of an
applicant as a physical therapist, and may
                                (a)   approve
the registration,
                                (b)   refuse
to approve the registration, or
                                (c)   defer the approval of registration until the
applicant has obtained further experience of a kind and for a period set by the
Registration Committee.
1984 cP‑7.5 s15
Review by Council
15(1) The Registration Committee shall send a written
notice of a decision made by it to the applicant.
(2) If
the decision of the Registration Committee is to refuse or defer registration
of the applicant, reasons for the decision shall be sent in writing to the
applicant.
(3) An
applicant whose application for registration is refused may within 30 days
after receiving a notice of refusal or within 30 days from a deemed refusal
request the Council to review the application by serving on the Registrar a
written request for a review by the Council setting out the reasons why, in the
applicant’s opinion, the applicant’s application for registration as a physical
therapist should be approved.
(4) For
the purposes of subsection (3), if the Registration Committee does not approve,
refuse to approve or defer the registration of an applicant within 60 days
after the date on which an applicant applied for registration, the application
is deemed to have been refused.
(5) The
Council shall, after receipt of a request for review under subsection (3),
review the applicant’s application for registration as a physical therapist.
(6) An
applicant who requests a review pursuant to subsection (3)
                                (a)   shall
be notified in writing by the Council of the date, time and place when the
Council will review the applicant’s application, and
                                (b)   is
entitled to appear with counsel and make representations to the Council at the
review of the applicant’s application.
(7) A
member of the Registration Committee who is also a member of the Council may
participate at a review by the Council under this section but shall not vote on
a decision of the Council.
(8) On reviewing an application under this section,
the Council may make any decision the Registration Committee could have made.
1984 cP‑7.5 s16
Applications for
registration
16 An application for registration as a
physical therapist shall not be approved by the Registration Committee unless
the applicant
                                (a)   produces
documentation satisfactory to the Registration Committee that shows that
                                          (i)   the applicant has obtained an undergraduate degree in physical
therapy from an approved program of physical therapy, or
                                         (ii)   the Universities Co‑ordinating Council is satisfied that
the applicant’s academic qualifications are substantially equivalent to an
undergraduate degree in physical therapy from an approved program of physical
therapy, and
                                (b)   meets the character and other requirements
set out in the regulations.
1984 cP‑7.5 s17
Registration of physical
therapists
17(1) The Registrar shall enter in the register of
physical therapists the name of a person
                                (a)   whose
application for registration as a physical therapist has been approved by the
Registration Committee or the Council, as the case may be, and
                                (b)   who
has paid the fees prescribed in the bylaws.
(2) On entering the name of a person in the
register of physical therapists, the Registrar shall issue a certificate of
registration to the person.
1984 cP‑7.5 s18
Annual certificate
18(1) A physical therapist shall pay the annual fee
prescribed by the bylaws to the Registrar, or to any person authorized by the
Registrar to accept payment of the fee.
(2) The
Registrar shall issue an annual certificate in accordance with the bylaws to a
physical therapist
                                (a)   whose
registration is not under suspension or cancelled,
                                (b)   who
meets any requirements or conditions prescribed by the regulations for the
issuance of an annual certificate, and
                                (c)   who
has paid the annual fee.
(3) Subject
to this Act, an annual certificate entitles a physical therapist to practise
physical therapy as a physical therapist during the year for which the annual
certificate is issued.
(4) An annual certificate expires on the date
prescribed in the bylaws.
1984 cP‑7.5 s19
Use of name
19(1) Subject to this Act, no person except a
physical therapist shall
                                (a)   use
the name “physical therapist� or any other name or any abbreviation of those
words alone or in combination with any other word, or
                                (b)   use
the initials “P.T.� or any other initials either alone or in combination with
any other word, letter, symbol, initial or abbreviation except in “B.Sc.P.T.�
when designating a degree referred to as a Bachelor of Science in Physical
Therapy or “B.P.T.� when designating a degree referred to as a Bachelor of
Physical Therapy,
that represent
expressly or by implication that the person is a physical therapist or use any
title, name, description, abbreviation, letter or symbol representing the name
“physical therapist� or the letters “P.T.�.
(2) No
person, except a physical therapist, shall represent or hold out, expressly or by
implication, that the person is a physical therapist.
(3) Subject to this Act, no person except a
physical therapist shall use the name “physical therapy� or “physiotherapy� or
any abbreviation of those words alone or in combination with any other word to
describe or refer to the person’s practice, occupation, profession or business.
1984 cP‑7.5
s20;1990 c33 s5
Register of Physical
Therapy Corporations
Register of corporations
20 The Council shall establish a register of
physical therapy corporations.
1984 cP‑7.5 s21
Name under which
corporation may practise
21(1) A corporation to which a permit is issued under
this Part may practise physical therapy only in its corporate name or another
name that is approved by the Council in accordance with the bylaws, and not
otherwise.
(2) Notwithstanding subsection (1), no corporation
may be registered as a physical therapist.
1984 cP‑7.5 s22
Permit for corporation
22(1) The Registrar shall issue a permit to a
corporation that
                                (a)   files
an application for a permit in the form prescribed by the Council;
                                (b)   pays
the fees prescribed by the Council;
                                (c)   satisfies
the Registrar that it is a corporation limited by shares that is in good
standing with the Registrar of Companies under the Companies Act or that is in good standing with the Registrar as
defined in the Business Corporations Act;
                                (d)   satisfies
the Registrar that the corporation, by law or by virtue of its incorporating
documents, has the capacity to carry on the business and exercise the powers
set out in the bylaws under this Act;
                                (e)   satisfies
the Registrar that the name of the company is in accordance with the bylaws
under this Act;
                                 (f)   satisfies
the Registrar that the legal and beneficial ownership of the shares of the
corporation is vested in persons in accordance with the bylaws and that the
directors and officers of the corporation are elected or appointed in
accordance with the bylaws;
                                (g)   satisfies
the Registrar that the persons who will carry on the practice of physical
therapy on behalf of the corporation are physical therapists.
(2) A
permit expires on December 31 of the year for which it was issued.
(3) A
permit may be suspended or cancelled or its renewal withheld by the Council
when any of the conditions specified in subsection (1) no longer continue to
exist.
(4) When the Registrar issues a permit to a
corporation under this section, the Registrar shall enter the name of the
corporation in the register of physical therapy corporations.
1984 cP‑7.5 s23
Termination of permit
23(1) If a corporation ceases to fulfil any condition
specified in section 22(1) by reason only of
                                (a)   the
death of a physical therapist,
                                (b)   the
striking off or other removal from the register of the name of a physical
therapist, or
                                (c)   the
suspension of a physical therapist by the College,
who is a shareholder
or director of the corporation, the corporation has a period of 90 days from
the date of death, striking off or other removal or the suspension, as the case
may be, in which to fulfil the condition, failing which the permit is
automatically terminated effective on the expiration of the 90‑day period
without the necessity of an order of the Council.
(2) In the event of the death of a physical
therapist, the Council may in writing order that the 90‑day period
provided for in subsection (1) be extended for any further period that it
considers reasonable.
1984 cP‑7.5 s24
Information to Registrar
24 A physical therapy corporation shall advise the
Registrar in writing of any change in its shareholders, directors or officers
within 60 days after the change.
1984 cP‑7.5 s25
Part 4
Suspension and Cancellation
Suspension and
cancellation
25(1) The certificate of registration or annual
certificate of a physical therapist or registered practitioner and the permit
of a physical therapy corporation are suspended when a decision to suspend the
certificate of registration, annual certificate or permit is made in accordance
with this Act.
(2) The
Registrar shall, after a decision to suspend a certificate of registration, an
annual certificate or a permit has been made, enter a memorandum of the
suspension in the appropriate register, indicating
                                (a)   the
period of the suspension, and
                                (b)   the
reason for the suspension.
(3) The
certificate of registration or annual certificate of a physical therapist or
registered practitioner and the permit of a physical therapy corporation are
cancelled when a decision to cancel the certificate of registration, annual
certificate or permit is made in accordance with this Act.
(4) The
Registrar shall, after a decision to cancel a certificate of registration, an
annual certificate or a permit has been made, enter a memorandum of the
cancellation in the appropriate register.
(5) The
Registrar shall not remove from the registers any memorandum made by the
Registrar under subsection (2) or (4), except in accordance with the bylaws.
(6) If the Registrar is satisfied that a person
registered under this Act has died, the Registrar shall enter a memorandum
recording the death in the register.
1984 cP‑7.5 s26
Cancellation by request
26(1) The Registrar shall not cancel the registration
of a physical therapist, registered practitioner or physical therapy
corporation at the request of the physical therapist, registered practitioner
or physical therapy corporation unless the request for the cancellation has
been approved by the Council.
(2) When a request for the cancellation of
registration is approved by the Council, the Registrar shall cancel that
registration.
1984 cP‑7.5 s27
Cancellation by default
and reinstatement
27(1) The Council may direct the Registrar to cancel
the certificate of registration or annual certificate of a physical therapist
or registered practitioner or the permit of a physical therapy corporation who
or that is in default of payment of annual fees, penalties, costs or any other
fees, dues or levies payable under this Act, the regulations or the bylaws,
after the expiration of 30 days following the service on the physical
therapist, registered practitioner or physical therapy corporation of a written
notice by the Council pursuant to subsection (2), unless the person on whom the
notice is served complies with the notice.
(2) The
notice under subsection (1) shall state that the Registrar may cancel the
registration unless the fees, penalties, costs, dues or levies are paid as
indicated in the notice.
(3) The
Council may direct the Registrar to cancel the registration of any person made
in error in the register.
(4) If
the certificate of registration or annual certificate of a physical therapist
or registered practitioner or the permit of a physical therapy corporation has
been cancelled under this Act, the physical therapist, registered practitioner
or physical therapy corporation shall surrender to the Registrar the certificate
of registration, annual certificate or permit, as the case may be.
(5) The
Council may direct the Registrar, subject to any conditions respecting the
payment of arrears and any reinstatement fee that the Council may prescribe,
                                (a)   to
reinstate in the applicable register a registration that was cancelled under
subsection (1), and
                                (b)   to
re‑issue
                                          (i)   in the case of a physical therapist or registered
practitioner, a certificate of
registration or an annual certificate, or both, as the case may be, and
                                         (ii)   in the case of a physical therapy corporation, a permit
                                         to
its former holder.
1984 cP‑7.5 s28
Duty of employee
28 If
                                (a)   the
registration of a physical therapist or registered practitioner has been
suspended or cancelled, or
                                (b)   the
practice of a physical therapist or registered practitioner has been limited by
the Discipline Committee, Council or Court of Appeal,
the person who is the subject of the suspension,
cancellation or limitation shall notify the person’s employer of the suspension,
cancellation or limitation.
1984 cP‑7.5 s29
Notice to Minister of
Health and Wellness
29 The Registrar shall notify the Minister of
Health and Wellness in writing forthwith on
                                (a)   the
cancellation or suspension of the certificate of registration or annual
certificate of a physical therapist or registered practitioner or the permit of
a physical therapy corporation, and
                                (b)   the reinstatement or other termination of
suspension of a cancelled or suspended certificate of registration, annual
certificate or permit.
1984 cP‑7.5
s30;1989 cD‑21.5 s13
Cancellation of falsely
obtained registration
30(1) If the Council is satisfied, after a hearing on
the matter, that a person whose registration in one of the registers
established under this Act was obtained by means of any false or fraudulent
representation or declaration, either oral or written, the Council shall order
that the registration be cancelled, and the certificate of registration, annual
certificate or permit, as the case may be, shall be surrendered in accordance with section 27.
(2) Part 6 applies with all necessary modifications
to a hearing held by the Council under subsection (1).
1984 cP‑7.5 s31
Part 5
Practice Review Board
Practice Review Board
31(1) There is hereby established the Practice Review
Board consisting of no fewer than 5 persons as follows:
                                (a)   at
least 4 physical therapists who, in the opinion of the Council, have a
combination of knowledge and experience suitable for determining the academic
qualifications and training requirements necessary for a person to continue to
practise physical therapy, and who are appointed by the Council, and
                                (b)   one
person who is appointed by the Minister from a list of no fewer than 3 members
of the public nominated by the Council.
(2) If
the Council fails, within a reasonable period of time after being requested to
do so by the Minister, to make a nomination for the purposes of subsection
(1)(b), the Minister may appoint a member of the public to the Practice Review
Board without the Council’s nomination.
(3) A
member of the Practice Review Board appointed under subsection (1)(b) continues
to hold office after the expiry of the member’s term of office until the member
is reappointed or the member’s successor is appointed.
(4) The
Minister may, in the absence of any payment by the College to the member for
that purpose, pay to the member of the Practice Review Board appointed under
subsection (1)(b) travelling and living expenses incurred by that member for
the member’s attendance at a hearing of the Board while away from the member’s
usual place of residence and fees in an amount prescribed by the Minister.
(5) The
Minister may, after consultation with the Council, revoke the appointment of
the member of the Practice Review Board appointed under subsection (1)(b).
(6) The
powers, duties and operations of the Practice Review Board under this Act, the
regulations and the bylaws are not affected by
                                (a)   the
fact that no member of the public is appointed as a member of the Board under
subsection (1)(b),
                                (b)   the
revocation under subsection (5) of the appointment of a member of the public,
or
                                (c)   the
resignation as a member of the Board of a member of the public.
(7) The failure of a member of the public appointed
under subsection (1)(b) to attend a meeting of the Board shall not be construed
as affecting or restricting the Board from exercising any powers or performing
any duties under this Act, the regulations or the bylaws at that meeting.
1984 cP‑7.5 s32
Powers of the Board
32(1) The Practice Review Board
                                (a)   may,
on its own initiative, and shall at the request of the Council inquire into and
report to and advise the Council in respect of
                                          (i)   the assessment and development of educational standards and
experience requirements that are conditions precedent to continuing
registration under this Act,
                                         (ii)   the evaluation of desirable standards of competence of physical
therapists and registered practitioners generally,
                                        (iii)   any other matter that the Board from time to time considers
necessary or appropriate in connection with the exercise of its powers and the
performance of its duties in relation to competence in the practice of physical
therapy under this Act and the regulations, and
                                        (iv)   the practice of physical therapy generally,
                                    and
                                (b)   may
conduct, in accordance with this Act and the regulations, a review of the
practice of a physical therapist, registered practitioner or physical therapy
corporation.
(2) A
person requested by the Practice Review Board to appear at an inquiry or review
under this section is entitled to be represented by counsel.
(3) The
Practice Review Board may retain counsel to represent it and the Council may
instruct counsel to represent the College at any inquiry or review conducted by
the Practice Review Board.
(4) Sections 47 to 51 apply, with all necessary
modifications, to an inquiry or review by the Practice Review Board as if that
Board were the Discipline Committee.
1984 cP‑7.5 s33
Duties on conclusion of
inquiry or review
33(1) After each inquiry or review under section 32,
the Practice Review Board
                                (a)   shall
make a written report to the Council on the inquiry or review and, where
appropriate, on its decision,
                                (b)   may
make recommendations to the Council regarding the matter inquired into or
reviewed, with reasons for the recommendations,
                                (c)   may
make recommendations to a physical therapist, registered practitioner or
physical therapy corporation as to that person’s conduct in the practice of
physical therapy, and
                                (d)   if
it is of the opinion that the conduct of a physical therapist, registered
practitioner or physical therapy corporation constitutes or may constitute
either unskilled practice of physical therapy or professional misconduct within
the meaning of section 36,
                                          (i)   shall forthwith refer the matter relating to that conduct to the
Registrar for an inquiry under Part 6, and in such a case the Registrar shall
deal with the referral as if it were a complaint, and
                                         (ii)   may, if it makes a referral under subclause (i), recommend to the
president of the College that the certificate of registration or annual
certificate, or both, of the physical therapist or registered practitioner or
the permit of the physical therapy corporation be temporarily suspended pending
the outcome of proceedings under Part 6.
(2) On
receiving a recommendation under subsection (1)(d)(ii), the president may
suspend the certificate of registration, annual certificate or permit
accordingly.
(3) The physical therapist, registered practitioner
or physical therapy corporation may, by filing an originating notice with the
Court of Queen’s Bench and serving a copy on the chair of the Practice Review
Board, apply for an order of the Court staying the decision of the president.
1984 cP‑7.5 s34
Part 6
Discipline
Definitions
34 In this Part,
                                (a)   “chair�
means the chair of the Discipline Committee and includes a vice‑chair;
                                (b)   “conduct�
includes any act or omission;
                                (c)   “investigated person� means a physical
therapist, registered practitioner or physical therapy corporation with respect
to whose conduct an investigation or hearing is held under this Part.
1984 cP‑7.5 s35
Discipline Committee
35(1) There is hereby established a committee called
the Discipline Committee composed of no fewer than 4 persons as follows:
                                (a)   at
least 3 members appointed by the Council in accordance with the bylaws, and
                                (b)   one
person who is appointed by the Minister from a list of no fewer than 3 members
of the public nominated by the Council.
(2) If
the Council fails, within a reasonable period of time after being requested to
do so by the Minister, to make the nominations for the purposes of subsection
(1)(b), the Minister may appoint a member of the public to the Discipline
Committee without the Council’s nomination.
(3) A
member of the Discipline Committee appointed under subsection (1)(b) continues
to hold office after the expiry of the member’s term of office until the member
is reappointed or the member’s successor is appointed.
(4) The
Minister may, in the absence of any payment by the College to the member for
that purpose, pay to the member of the Discipline Committee appointed under
subsection (1)(b) travelling and living expenses incurred by that member for
the member’s attendance at a hearing of the Committee while away from the
member’s usual place of residence and fees in an amount prescribed by the
Minister.
(5) The
Minister may, after consultation with the Council, revoke the appointment of
the member of the Discipline Committee appointed under subsection (1)(b).
(6) The
powers, duties and operations of the Discipline Committee are not affected by
                                (a)   the
fact that no member of the public is appointed as a member of the Committee
under subsection (1)(b),
                                (b)   the
revocation under subsection (5) of the appointment of a member of the public,
or
                                (c)   the
resignation as a member of the Committee of a member of the public.
(7) The failure of a member of the public appointed
under subsection (1)(b) to attend a meeting of the Committee shall not be
construed as affecting or restricting the Committee from exercising any powers
or performing any duties at that meeting.
1984 cP‑7.5 s36
Unskilled practice or
professional misconduct
36(1) Any conduct of a physical therapist, registered
practitioner or physical therapy corporation that, in the opinion of the
Discipline Committee,
                                (a)   is
detrimental to the best interests of the public,
                                (b)   contravenes
this Act or the regulations,
                                (c)   harms
or tends to harm the standing of the profession of physical therapy generally,
or
                                (d)   displays
a lack of knowledge of or lack of skill or judgment in the practice of physical
therapy,
whether or not that
conduct is disgraceful or dishonourable, constitutes either unskilled practice
of physical therapy or professional misconduct, whichever the Discipline
Committee finds.
(2) If an investigated person contravenes this Act,
the regulations or the bylaws, and the contravention is, in the opinion of the
Discipline Committee, of a serious nature, the contravention may be found by
the Discipline Committee to be professional misconduct whether or not it would
be so found under subsection (1).
1984 cP‑7.5 s37
Complaints
37(1) A person may complain to the Registrar about
the conduct of a physical therapist, registered practitioner or physical
therapy corporation, and the complaint must be dealt with in accordance with
this Part and the regulations.
(2) A complaint respecting the conduct of a
physical therapist, registered practitioner or physical therapy corporation
whose certificate of registration, annual certificate or permit, as the case
may be, was cancelled or suspended pursuant to this Act or any predecessor of
this Act may, notwithstanding the cancellation or suspension, be dealt with
within 5 years following the date of cancellation or suspension as if the
cancellation or suspension had not occurred.
1984 cP‑7.5 s38
Preliminary
investigation
38 The Registrar
                                (a)   shall,
in a case where a complaint in writing is made to the Registrar under section
37, forthwith on receipt of the complaint, or
                                (b)   may,
in a case where the Registrar believes the conduct of a physical therapist,
registered practitioner or physical therapy corporation constitutes or may
constitute unskilled practice of physical therapy or professional misconduct,
commence or appoint a person or persons to commence a
preliminary investigation into the conduct of the physical therapist,
registered practitioner or physical therapy corporation.
1984 cP‑7.5 s39
Report of preliminary
investigation
39(1) A person or persons conducting a preliminary
investigation may
                                (a)   request
any person to answer any questions and to produce to the person or persons
conducting the preliminary investigation any models, charts, documents, papers,
notes, records and other materials and things relevant to the investigation, and
                                (b)   copy
and keep copies of any of the things that are produced under clause (a) to the
person or persons conducting the preliminary investigation.
(2) A
person or persons conducting a preliminary investigation shall conduct the
investigation in a manner considered by that person or those persons to be most
suitable in all the circumstances.
(3) A
person or persons conducting a preliminary investigation may investigate any
other matter related to the professional conduct or skill in practice of the investigated
person that arises in the course of the investigation.
(4) A
person or persons conducting a preliminary investigation shall, forthwith on
concluding the preliminary investigation, report the person’s or persons’
findings to
                                (a)   the
Registrar, if the Registrar is not conducting the preliminary investigation, or
                                (b)   a
member of the Discipline Committee, if the Registrar is conducting the
preliminary investigation.
(5) If a physical therapist, a registered
practitioner or a physical therapy corporation does not co‑operate with a
person conducting a preliminary investigation, the person conducting the
preliminary investigation may make a complaint in writing to the Discipline
Committee and the failure or refusal to co‑operate may be held by the Discipline
Committee to be professional misconduct.
1984 cP‑7.5 s40
Referral to the
Discipline Committee
40 The Registrar or the member of the Discipline
Committee to whom a report is provided under section 39(4) shall forthwith
                                (a)   direct
that no further action be taken, if the Registrar or member of the Discipline
Committee is of the opinion that
                                          (i)   the complaint is frivolous or vexatious, or
                                         (ii)   there is insufficient evidence of unskilled practice of physical
therapy or professional misconduct, or
                                (b)   refer the matter under investigation in
writing to the Discipline Committee.
1984 cP‑7.5 s41
Notice
41 The Registrar or the member of the Discipline
Committee shall serve on the investigated person and on the complainant, if
any, a notice that no further action will be taken or that the matter has been
referred to the Discipline Committee, as the case may be.
1984 cP‑7.5 s42
Appeal by complainant to
Discipline Committee
42(1) A complainant who is served with a notice under
section 41 that no further action will be taken may, within 30 days after receipt of the notice and by notice in
writing to the Registrar, appeal that direction to the Discipline Committee.
(2) On
an appeal under subsection (1), the Discipline Committee shall determine
whether
                                (a)   the
complaint is frivolous or vexatious, or
                                (b)   there
is sufficient evidence of unskilled practice of physical therapy or
professional misconduct, and the matter under investigation should be the
subject of a hearing,
and shall notify the complainant in writing of its
decision.
1984 cP‑7.5 s43
Suspension pending
decision
43(1) Notwithstanding anything in this Act, the chair
may recommend to the president of the College that the certificate of
registration of the registered practitioner, or the certificate of registration
or annual certificate, or both, of the physical therapist or the permit of the
physical therapy corporation be temporarily suspended pending the outcome of
proceedings under this Part, and the president may suspend the certificate of
registration, annual certificate or permit accordingly.
(2) The investigated person may, by filing an
originating notice with the Court of Queen’s Bench and serving a copy on the
chair, apply for an order of the Court staying the decision of the president.
1984 cP‑7.5 s44
Rights of investigated
person
44(1) The College and the investigated person may
appear and be represented by counsel at a hearing before the Discipline
Committee.
(2) The
Discipline Committee may be represented by counsel at a hearing before the
Committee.
(3) Proceedings before the Discipline Committee or
the Council shall be held in camera.
1984 cP‑7.5 s45
Notice of hearing
45(1) On referral to it of a matter under section
40(b) or on determining under section 42(2)(b) that a hearing should be held,
the Discipline Committee shall hold a hearing.
(2) The
hearing referred to in subsection (1) shall be scheduled for a date not more
than 90 days after the date on which the matter is referred to the Discipline
Committee or the determination is made, or within any other period that may be
prescribed by the Council for the matter.
(3) The Registrar shall cause to be served on the
investigated person at least 15 days before the hearing date a notice of
hearing stating the date, time and place that the Discipline Committee will
hold a hearing and giving reasonable particulars of the complaint or matter in
respect of which the hearing will be held.
1984 cP‑7.5 s46
Further investigation
46 The Discipline Committee may investigate and
hear any other matter related to the professional conduct or skill in practice
of the investigated person that arises in the course of an investigation or
hearing, but in that event the Discipline Committee shall give that person at
least 15 days’ notice before the hearing of the matter of its intention to do
so.
1984 cP‑7.5 s47
Evidence before
Committee
47(1) Evidence may be given before the Discipline
Committee in any manner that the Committee considers appropriate, and the
Committee is not bound by the rules of law respecting evidence applicable to
judicial proceedings.
(2) For the purposes of an investigation, hearing
or review under this Act, the Registrar, a person appointed by the Registrar
under section 38 and any member of the Council, the Discipline Committee or the
Practice Review Board are conferred with the power of a commissioner for oaths
under the Commissioners for Oaths Act.
1984 cP‑7.5 s48
Witness
48(1) The investigated person and any other person
who, in the opinion of the Discipline Committee, has knowledge of the complaint
or matter being investigated are compellable witnesses in any proceeding under
this Part.
(2) A
witness may be examined under oath on all matters relevant to the investigation
or hearing before the Discipline Committee and shall not be excused from
answering any question on the ground that the answer might tend to
                                (a)   incriminate
the witness,
                                (b)   subject
the witness to punishment under this Act, or
                                (c)   establish
the witness’s liability
                                          (i)   to a civil proceeding at the instance of the Crown or of any
other person, or
                                         (ii)   to prosecution under any Act,
but if the answer so
given tends to incriminate the witness, subject the witness to punishment or
establish the witness’s liability, it shall not be used or received against the
witness in any civil proceedings, in a prosecution under Part 9 or in any
proceeding under any other Act, except in a prosecution for or proceedings in
respect of perjury or the giving of contradictory evidence.
(3) For the purpose of obtaining the testimony of a
witness who is out of Alberta, a judge of the Court of Queen’s Bench on an
application made ex parte by the College may direct the issuing of a commission
for the obtaining of the evidence of the witness, and the commission shall be
issued and the evidence taken pursuant to the Alberta Rules of Court.
1984 cP‑7.5
s49;1985 c15 s32
Attendance of witness
and production of documents
49(1) The attendance of witnesses before the
Discipline Committee and the production of models, charts, documents, papers,
notes, records and other materials and things may be enforced by a notice
issued by the Registrar requiring the witness to attend and stating the date,
time and place at which the witness is to attend and the models, charts,
documents, papers, notes, records and other materials and things, if any, the
witness is required to produce.
(2) On
the written request of the investigated person or of the investigated person’s
counsel or agent, the Registrar shall without charge issue and deliver to that
person or that person’s counsel or agent any notices that the investigated
person requires for the attendance of witnesses or notices for production under
subsection (1).
(3) A witness, other than the investigated person,
who has been served with a notice to attend or a notice for production under
subsection (1) or (2) is entitled to be paid the same fees in the same manner
as are payable to a witness in an action in the Court of Queen’s Bench.
1984 cP‑7.5 s50
Failure to attend or
give evidence
50(1) Proceedings for civil contempt of court may be
brought against a witness
                                (a)   who
fails
                                          (i)   to attend before the Discipline Committee in compliance with a
notice to attend, or
                                         (ii)   to produce any models, charts, documents, papers, notes, records
and other materials or things in compliance with a notice to produce them,
                                    or
                                (b)   who
refuses to be sworn or to answer any question the witness is directed to answer
by the Discipline Committee.
(2) If the witness referred to in subsection (1) is
the investigated person, the witness’s failure or refusal may be held to be
professional misconduct.
1984 cP‑7.5 s51
Hearing in absence of
investigated person
51 The Discipline Committee, on proof of service on
the investigated person of the notice of hearing, may
                                (a)   proceed
with the hearing in the absence of the investigated person, and
                                (b)   act, decide or report on the matter being
heard in the same way as though the investigated person were in attendance.
1984 cP‑7.5 s52
Findings of Committee
52(1) The Discipline Committee may find that the
conduct of an investigated person constitutes neither unskilled practice of
physical therapy nor professional misconduct.
(2) The Discipline Committee may find that the
conduct of an investigated person constitutes unskilled practice of physical
therapy or professional misconduct, or both, and shall deal with the
investigated person in accordance with this Part.
1984 cP‑7.5 s53
Orders of Discipline
Committee
53(1) If the Discipline Committee finds that the
conduct of an investigated person constitutes unskilled practice of physical
therapy or professional misconduct, or both, the Committee may make any one or
more of the following orders:
                                (a)   reprimand
the investigated person;
                                (b)   suspend
the certificate of registration of a registered practitioner or the certificate
of registration, annual certificate, or both, of a physical therapist either
generally or from any field of the practice of physical therapy for a stated
period;
                                (c)   suspend
the certificate of registration of a registered practitioner or the certificate
of registration, annual certificate, or both, of a physical therapist either
generally or from any field of practice until
                                          (i)   the investigated person has completed a specified course of
studies or obtained supervised practical experience, or
                                         (ii)   the Committee is satisfied as to the competence of the
investigated person generally or in a specified field of practice;
                                (d)   accept
in place of a suspension the investigated person’s undertaking to limit the
investigated person’s practice;
                                (e)   impose
conditions on the investigated person’s ability to engage in the practice of
physical therapy generally or in any field of the practice, including the
conditions that the investigated person
                                          (i)   practise under supervision,
                                         (ii)   not engage in sole practice,
                                        (iii)   permit periodic inspections by a person authorized by the
Committee, or
                                        (iv)   report to the Committee or the Council on specific matters;
                                 (f)   direct
the investigated person to pass a particular course of study or satisfy the
Committee or the Council as to the investigated person’s practical competence
generally or in a field of practice;
                                (g)   direct
the investigated person to satisfy the Committee that a disability or addiction
can be or has been overcome, and suspend the person’s certificate of
registration or annual certificate until the Committee is so satisfied;
                                (h)   require
the investigated person to take counselling that in the opinion of the
Committee is appropriate;
                                 (i)   direct
the investigated person to waive, reduce or repay a fee for services rendered
by the investigated person that, in the opinion of the Committee, were not
rendered or were improperly rendered;
                                 (j)   cancel
the certificate of registration of a registered practitioner or the certificate
of registration or annual certificate, or both, of a physical therapist;
                                (k)   cancel
or suspend, subject to any terms the Committee considers appropriate, the
permit where the investigated person is a physical therapy corporation.
(2) The
Discipline Committee may make any ancillary order that is appropriate or
required in connection with any order mentioned in subsection (1) or may make
any other order that it considers appropriate in the circumstances, including
that
                                (a)   a
further or new investigation be held into any matter,
                                (b)   the
Discipline Committee be convened to hear a complaint without a preliminary
investigation,
                                (c)   a
matter be referred to the Practice Review Board, or
                                (d)   a
complaint or conduct be referred to any other entity having jurisdiction to
review complaints.
(3) Where the Discipline Committee is satisfied
that an investigated person has contravened an order under subsection (1) it
may, without the necessity of a further hearing, cancel or suspend the
investigated person’s certificate of registration, annual certificate or
permit, as the case may be, subject to any terms it considers appropriate.
1984 cP‑7.5 s54
Payment of costs and
fine
54(1) The Discipline Committee may, in addition to or
instead of dealing with the conduct of an investigated person in accordance
with section 53, order that the investigated person pay
                                (a)   all
or part of the costs of the hearing or appeal determined in accordance with the
regulations,
                                (b)   a
fine, not exceeding $10 000 for each finding of unskilled practice or
professional misconduct and $50 000 in the aggregate for all such findings
arising out of the hearing, to the College, or
                                (c)   both
the costs under clause (a) and the fine under clause (b)
within the time set by
the order.
(2) If
the person ordered to pay a fine or costs, or both, under subsection (1) fails
to pay the fine or costs within the time ordered, the Council may suspend the
certificate of registration, annual certificate or permit of that person until
the person has paid the fine or costs.
(3) The
Discipline Committee may, if it finds that a complaint is frivolous or
vexatious, order the complainant to pay the costs of the preliminary
investigation and the hearing before the Discipline Committee determined in
accordance with the regulations.
(4) A fine or costs ordered to be paid to the
College under this section are a debt due to the College and may be recovered
by the College by civil action for debt.
1984 cP‑7.5 s55
Written decision
55 The Discipline Committee shall, within a
reasonable time after the conclusion of a hearing before it, make a written
decision on the matter, in which it shall
                                (a)   describe
each finding made by it,
                                (b)   state
the reasons for each finding made by it, and
                                (c)   state any order made under this Part.
1984 cP‑7.5 s56
Service of decision and
record of hearing
56(1) The Discipline Committee shall forward to the
Registrar
                                (a)   the
decision, and
                                (b)   the
record of the hearing, consisting of all evidence presented before it,
including
                                          (i)   all exhibits,
                                         (ii)   all documents, and
                                        (iii)   a transcript of all testimony given before it, whether recorded
electronically, mechanically or in handwritten form.
(2) The
Registrar shall, on receiving the decision of the Discipline Committee and the
record of the hearing referred to in subsection (1), serve
                                (a)   a
copy of the decision on the investigated person and the Council, and
                                (b)   a notice of the decision on the complainant,
if any.
1984 cP‑7.5 s57
Examination of record
57 The investigated person may examine the record
or any part of the record of the proceedings before the Discipline Committee
and hear any recording or examine any mechanical or handwritten form of record
of any testimony given before the Committee.
1984 cP‑7.5 s58
Rehearing
58 The Discipline Committee may
                                (a)   if
there is new evidence available that was not available or for good reason was
not presented at the hearing under section 45, and
                                (b)   with
the consent of the investigated person,
rehear any matter already heard by it under section 45 and,
for that purpose, has all the same power and authority and is subject to the
same duties as it had and was subject to in connection with the first hearing.
1984 cP‑7.5 s59
Stay pending appeal
59(1) The decision of the Discipline Committee
remains in effect pending an appeal to the Council unless the Council on
application stays the decision pending the appeal.
(2) The decision of the Council remains in effect
pending an appeal to the Court of Appeal unless the Court on application stays
the decision pending the appeal.
1984 cP‑7.5 s60
Appeal to Council
60(1) An investigated person or the College may
appeal to the Council a finding or an order of the Discipline Committee.
(2) An
appeal under subsection (1) shall be commenced by a written notice of appeal,
which shall
                                (a)   describe
the finding or order appealed, and
                                (b)   state
the reasons for the appeal.
(3) A
notice of appeal under this section shall be served on the Registrar within 30
days after the date on which the decision of the Discipline Committee is served
on the investigated person, if the investigated person is appealing the
decision, or on the Council, if the College is appealing the decision.
(4) The Registrar shall, on receiving a notice of
appeal under subsection (3), give to each member of the Council a copy of the
notice of appeal and make the record of the hearing available to each member of
the Council.
1984 cP‑7.5 s61
Notice and hearing of
appeal
61(1) The Registrar shall, on receiving a notice of
appeal under section 60, cause to be served on the investigated person a notice
of hearing of an appeal stating the date, time and place when the Council will
hear the matters appealed.
(2) The
Council shall
                                (a)   if
the registration or permit of the investigated person has been suspended under
section 33 or 43 pending the outcome of proceedings under this Part, hear the
appeal within 30 days after the date of service of the notice of appeal, and
                                (b)   if
the registration or permit of the investigated person has not been so
suspended, hear the appeal within 90 days after the date of service of the
notice of appeal.
(3) The
Board may, on the written request of the investigated person or the College,
extend the periods referred to in subsection (2) for one or more additional
periods but,
                                (a)   in
a case to which subsection (2)(a) applies, no such extension may be granted
without the consent of that person, and
                                (b)   in a case to which subsection (2)(b)
applies, no such extension may be for a period of more than 90 days.
1984 cP‑7.5 s62
Council’s powers on appeal
62(1) The College and the investigated person may
appear and be represented by counsel at the hearing of an appeal before the
Council.
(2) A
member of the Discipline Committee who is also a member of the Council may
participate in an appeal before the Council but shall not vote in a decision of
the Council on the appeal.
(3) The
appeal to the Council shall be founded on a copy of the record of the
proceedings before the Discipline Committee and the decision and order of the
Committee.
(4) Sections
47 to 51 apply to proceedings before the Council.
(5) The
Council on an appeal may
                                (a)   grant
adjournments of the proceedings or reserve the determination of the matters
before it for a future meeting of the Council,
                                (b)   on
granting special leave for that purpose, receive further evidence, and
                                (c)   draw
inferences of fact and make a determination or finding that, in its opinion,
ought to have been made by the Discipline Committee.
(6) The
Council shall, within 90 days from the date of the conclusion of all
proceedings before it, do all or any of the following:
                                (a)   make
any finding that in its opinion ought to have been made by the Discipline
Committee,
                                (b)   quash,
vary or confirm the finding or order of the Committee or substitute or make a
finding or order of its own, or
                                (c)   refer
the matter back to the Committee for further consideration in accordance with
any direction that the Council may make.
(7) The Council may make any award as to costs in
proceedings, whether before it or the Discipline Committee, that it considers
appropriate.
1984 cP‑7.5 s63
Appeal to Court
63(1) An investigated person or the College may
appeal to the Court of Appeal any finding or order made by the Council under
section 62.
(2) An
appeal under this section shall be commenced
                                (a)   by
filing a notice of appeal with the Registrar of the Court at Edmonton or
Calgary, and
                                (b)   by
serving a copy of the notice of appeal
                                          (i)   on the Council, where the investigated person is the appellant,
or
                                         (ii)   on the investigated person, where the College is the appellant,
both within 30 days from the date on which the decision of
the Council is served on the appellant.
1984 cP‑7.5
s64;1988 c31 s17
Appeal on the record
64(1) The appeal to the Court of Appeal shall be
founded on a copy of the record of the Discipline Committee and its decision
and a copy of the finding and order of the Council and any further evidence
received by the Council, all of which shall be certified by the Registrar.
(2) The procedure in an appeal shall be the same,
with the necessary changes, as that provided in the Alberta Rules of Court for appeals from a judgment of a judge of
the Court of Queen’s Bench to the Court of Appeal.
1984 cP‑7.5 s65
Power of Court on appeal
65(1) The Court of Appeal on hearing the appeal may
                                (a)   make
any finding that in its opinion ought to have been made,
                                (b)   quash,
vary or confirm the order or decision of the Council or any part of it,
                                (c)   refer
the matter back to the Discipline Committee for further consideration in accordance
with any direction of the Court, or
                                (d)   direct
that a new trial of any mixed questions of law and fact relating to a finding
or order or both a finding and an order of the Council under section 62 be held
before the Court of Queen’s Bench.
(2) The Court of Appeal may make any award as to
the costs of an appeal to it that it considers appropriate.
1984 cP‑7.5 s66
Misrepresentation of
status
66 The conduct of a physical therapist or
registered practitioner who is or was registered under this Act or of a
physical therapy corporation that is or was the holder of a permit under this
Act, as the case may be, and who represents or holds out that the physical
therapist, registered practitioner or physical therapy corporation is
registered or that it is the holder of a permit and is in good standing while
that registration or permit is suspended or cancelled constitutes professional
misconduct.
1984 cP‑7.5 s67
Part 7
General
Recognition of order
67 No employer or other person shall knowingly
require a physical therapist, registered practitioner or physical therapy
corporation to perform a service or undertake any work that would result in the
physical therapist, registered practitioner or physical therapy corporation
contravening an order, direction or decision of the Discipline Committee, the
Council or a court of competent jurisdiction.
1984 cP‑7.5 s68
Service of documents
68 When this Act, the regulations or the bylaws
require that a document or notice be given to or served on any person, the document
or notice is sufficiently given or served if it is served personally on that
person or sent to that person by registered mail at that person’s address last
shown on the register or records of the College or, if personal service or
service by mail is not reasonably possible, then by publishing the document at
least twice, and not more than a week apart, in a local newspaper circulating
at or near the address last shown for that person on the College’s register or
records.
1984 cP‑7.5 s69
Certificate of Registrar
69 A certificate purporting to be signed by the
Registrar and stating that a named person was or was not, on a specified day or
during a specified period,
                                (a)   a
physical therapist, a registered practitioner or a physical therapy
corporation, or
                                (b)   an
officer of the College, a member of the Council or a member of a committee
established by this Act, the regulations or the bylaws,
shall be admitted in evidence as proof, in the absence of
evidence to the contrary, of the facts stated in it without proof of the
Registrar’s appointment or signature.
1984 cP‑7.5 s70
Protection from
liability
70(1) No action lies against
                                (a)   any
person conducting a preliminary investigation, a member of the Council or of a
committee established by this Act, the Registrar, the College or any person
acting on the instructions of any of them, or
                                (b)   any
member, officer or employee of the College,
for anything done by
that person in good faith and in purporting to act under this Act, the
regulations or a bylaw that relates to or is incidental to a professional
matter or a matter of public interest that is or may be the subject of a
regulation under section 72.
(2) No
action for defamation may be founded on a communication that consists of or
pertains to the conduct of a physical therapist, registered practitioner or
physical therapy corporation if the communication is published to or by
                                (a)   the
College,
                                (b)   a
member of the Council, the Registration Committee, the Discipline Committee or
the Practice Review Board,
                                (c)   a
person conducting a preliminary investigation,
                                (d)   an
officer or employee of the College, or
                                (e)   a
person acting on the instructions of a person or entity referred to in clauses
(a) to (d),
in good faith in the course of investigating the conduct or
in the course of any proceeding under this Act relating to the conduct.
1984 cP‑7.5 s71
Liability of physical
therapists, registered
practitioners and corporations
71(1) The relationship between a physical therapist,
a registered practitioner or a physical therapy corporation in the practice of
physical therapy and a person receiving the professional services of the
physical therapist, registered practitioner or physical therapy corporation is
subject to this Act, the regulations and any other law applicable to the
relationship between a physical therapist and the patient.
(2) The
relationship of a physical therapist or registered practitioner to a physical
therapy corporation, whether as shareholder, director, officer or employee of
that corporation, does not affect, modify or diminish the application of this
Act, the regulations and the bylaws
                                (a)   to
that individual personally as a physical therapist or registered practitioner,
or
                                (b)   to the relationship between the physical
therapist or registered practitioner and the patient.
1984 cP‑7.5 s72
Part 8
Regulations and Bylaws
Regulations
72(1) The Council may make regulations
                                (a)   establishing
and providing for the publishing of a code of ethics respecting the practice of
physical therapy, the maintenance of the dignity and honour of the profession
of physical therapy and the protection of the public interest;
                                (b)   establishing
conditions including character requirements with respect to the registration of
physical therapists, registered practitioners and physical therapy
corporations;
                                (c)   providing
for the evaluation of experience and training requirements for applicants for
registration as physical therapists and for the examination of those applicants
with respect to those requirements;
                                (d)   prescribing
standards for the practice of physical therapy;
                                (e)   prescribing
restrictions, conditions or limitations on the practice of physical therapy by
physical therapists, registered practitioners and physical therapy
corporations;
                                 (f)   respecting
the procedures for hearings, inquiries, reviews and preliminary investigations
by the Registrar or a person appointed by the Registrar, the Discipline
Committee, the Practice Review Board and the Council in matters relating to the
conduct or practice of physical therapists, registered practitioners and
physical therapy corporations whether or not a complaint has been made;
                                (g)   respecting
the costs payable on the conclusion of an investigation or hearing by the
Discipline Committee or Council;
                                (h)   respecting
reviews of the practice of a physical therapist, registered practitioner or
physical therapy corporation by the Practice Review Board or a person
authorized by that Board;
                                 (i)   respecting
registration procedures, the review of complaints and the practice of physical
therapy generally, including employment practices of physical therapists,
registered practitioners and physical therapy corporations;
                                 (j)   respecting
the establishment and operation by the Council of a compulsory continuing
education program for physical therapists;
                                (k)   governing
the publication of a notice of the suspension or cancellation of a certificate
of registration, annual certificate or permit in a form and manner prescribed
by the Council;
                                 (l)   governing
the nature or content of advertising, if any, that may be permitted;
                               (m)   respecting
committees of inquiry for reinstatement under Part 4, and governing a person
whose registration or permit has been removed, suspended or cancelled under
this Act;
                                (n)   prescribing
the circumstances under which a physical therapist, a registered practitioner
or a physical therapy corporation may treat patients with or without a referral
from a physician;
                                (o)   establishing
classes or categories of registered practitioners for the purposes of section
12(1)(c) and prescribing any additional rules applicable to a class or category
of registered practitioners;
                                (p)   respecting
the establishment, content and maintenance of registers under section 12(1)(c);
                                (q)   prescribing
conditions to be met before an annual certificate is issued.
(2) A
regulation under subsection (1) does not come into force unless it is approved
by
                                (a)   a
majority of members
                                          (i)   present and voting at a general meeting, or
                                         (ii)   voting in a mail vote conducted in accordance with the bylaws,
                                    and
                                (b)   the Lieutenant Governor in Council.
1984 cP‑7.5 s73
Bylaws
73(1) The Council may make bylaws
                                (a)   for
the government of the College and the management and conduct of its affairs;
                                (b)   determining
the location of the head office of the College;
                                (c)   respecting
the calling of and conduct of meetings of the College and the Council;
                                (d)   respecting
the nomination, election, number and term of office of Council members and
officers of the Council and College;
                                (e)   providing
for the appointment to the Council of acting members and of members by virtue
of their offices and for the nomination of members of the public for
appointment by the Minister;
                                 (f)   governing,
subject to this Act, the appointment of the Discipline Committee and the
Practice Review Board, the designation of chairs and vice‑chairs, the
appointment of acting members and the procedures for filling vacancies on the
Committee or the Board and the appointment to the Committee or the Board of
members by virtue of their offices and prescribing their powers, duties and
functions;
                                (g)   governing
the establishment, operation and proceedings of boards and committees, the
appointment of members and of acting members and procedures for filling
vacancies on boards and committees;
                                (h)   establishing
classes or categories of membership in the College and prescribing the privileges and
obligations of the members of the classes or categories;
                                 (i)   providing
for the tenure of the Registrar and the Registrar’s additional powers, duties and functions, and
the appointment of an individual as an Acting Registrar who has all of the
powers and performs all of the duties of the Registrar under this Act, the
regulations and the bylaws when the Registrar is absent or unable to act or
when there is a vacancy in the office of Registrar;
                                 (j)   prescribing
the number of members of the College, the Council, the Practice Review Board or
the Discipline Committee that constitutes a quorum at meetings of the College,
the Council, the Board or the Committee;
                                (k)   providing
for the delegation of any power or duty of the Council under this Act, the
regulations or the bylaws, with or without conditions, except the power to
amend, repeal or suspend any bylaw of the Council;
                                 (l)   prescribing
fees and expenses payable to members of the Council, and of committees or
boards established under this Act, the regulations or the bylaws for attending
to the business of the College;
                               (m)   respecting
the establishment of and payment of sums of money for scholarships, fellowships
and any other educational incentive or benefit program that the Council
considers appropriate;
                                (n)   respecting
the fees, dues and levies payable to the College by physical therapists,
registered practitioners and physical therapy corporations;
                                (o)   respecting
the removal by the Registrar from the registers of a memorandum or entry made
in them under this Act, the regulations or the bylaws;
                                (p)   governing
the publication of the names of applicants for registration by the Registrar;
                                (q)   requiring
physical therapists and physical therapy corporations to maintain an address in
Alberta and to inform the Registrar in writing of that address and of any
change in that address forthwith after the change occurs;
                                 (r)   authorizing
the Council to prescribe the form of a certificate of registration, an annual
certificate, a permit and any other form or document that may be required for
the purposes of this Act, the regulations or the bylaws;
                                (s)   prescribing
the date on which an annual certificate expires;
                                 (t)   respecting
the holding of votes by mail on any matter relating to the College;
                                (u)   requiring
a physical therapist, registered practitioner and physical therapy corporation
to carry professional liability insurance and governing the minimum coverage
required to be carried;
                                (v)   governing
the names under which a person may practise physical therapy;
                               (w)   governing
the registration of a physical therapy corporation and prescribing the rules
and conditions to be met prior to and following registration by the
shareholders, directors and officers of the physical therapy corporations;
                                (x)   designating
clinical facilities as accredited facilities.
(2) A
bylaw under subsection (1) does not come into force unless it is approved by a
majority of members
                                (a)   present
and voting at a general meeting, or
                                (b)   voting
in a mail vote conducted in accordance with the bylaws.
(3) The Regulations
Act does not apply to bylaws of the College.
1984 cP‑7.5 s74
Part 9
Prohibitions and Penalties
Practice prohibition
74 A person whose certificate of registration,
annual certificate or permit is cancelled or suspended under this Act or any
predecessor of this Act shall not, without the consent of the Council, practise
physical therapy or directly or indirectly associate in the practice of
physical therapy with a person permitted under this Act to practise physical
therapy.
1984 cP‑7.5 s75
Penalties
75(1) Every person and every officer, employee or
agent of a corporation who contravenes this Act is guilty of an offence and
liable
                                (a)   for
a first offence, to a fine of not more than $2000,
                                (b)   for
a 2nd offence, to a fine of not more than $4000, and
                                (c)   for
a 3rd and every subsequent offence, to a fine of not more than $6000 or to
imprisonment for a term of not more than 6 months or to both fine and
imprisonment.
(2) A prosecution under this section may be
commenced within 2 years after the commission of the alleged offence, but not
afterwards.
1984 cP‑7.5 s76
Onus of proof
76 In a prosecution under this Act, the burden of
proving that a person is a physical therapist, registered practitioner or
physical therapy corporation is on the accused.
1984 cP‑7.5 s77
Part 10
Transitional
Registration continued
77(1) An individual who is a member of the
Association of Chartered Physiotherapists of Alberta under the former Act is
deemed to be a physical therapist under this Act.
(2) A corporation that is authorized to practise
physical therapy under the former Act is deemed to be a physical therapy
corporation under this Act.
1984 cP‑7.5 s78
