Continuing
Competence
15 Program credits
16 Continuing competence program rules
17 Rule distribution
18 Evaluation of regulated members
19 Practice visits
20 Actions to be
taken
Practice
Permit Renewal
21 Application
Alternative
Complaint Resolution
22 Process conductor
23 Agreement
24 Confidentiality
25 Leaving the
process
Reinstatement
26 Reinstatement application
27 Review of application
28 Application for review
29 Access to
decision
Information
30 Providing information
31 Correcting information
32 Section 119
information
Transitional
Provisions, Repeal and Coming into Force
33 Transitional provisions
34 Repeal
35 Coming into force
Definitions
1 In this
Regulation,
(a) “active practice” means practising as an
optometrist for at least 150 days in a 3 consecutive year period;
(b) “College” means The Alberta College of
Optometrists;
(c) “Competence Committee” means the competence
committee of the College;
(d) “Complaints Director” means the complaints
director of the College;
(e) “Council” means the council of the College;
(f) “courtesy register” means the courtesy
register category of the regulated members register;
(g) “general register” means the general
register category of the regulated members register;
(h) “Hearing Tribunal” means the hearing
tribunal of the College;
(i) “Hearings Director” means the hearings
director of the College;
(j) “Registrar” means the registrar of the
College;
(k) “Registration Committee” means the
registration committee of the College;
(l) “Schedule 1 drugs” means Schedule 1 drugs
within the meaning of the Pharmaceutical Profession Act;
(m) “Schedule 2 drugs” means Schedule 2 drugs
within the meaning of the Pharmaceutical Profession Act.
Register categories
2 The regulated
members register established by the Council under section 33(1)(a) of the Act
has the following categories:
(a) general register;
(b) courtesy register.
Registration
General
register education and exam requirements
3(1) An applicant for registration
as a regulated member on the general register must
(a) have a degree of doctor of optometry from a
program approved by the Council,
(b) have successfully completed a registration
examination approved by the Council, and
(c) have successfully completed a jurisprudence
examination approved by the Council.
(2) An applicant under
subsection (1) must have completed the requirements set out in this section
within the 3 years immediately preceding the date of submitting a complete
application or have been in active practice as an optometrist in the 3 years
prior to the date of submitting a complete application for registration.
(3) An applicant who does not meet the requirements of
subsection (2) must successfully complete a refresher education program approved
by the Council prior to being registered.
Equivalent jurisdiction
4 A person
currently registered in good standing in another jurisdiction recognized by the
Council under section 28(2)(b) of the Act as having substantially equivalent
registration requirements may be registered on the appropriate category of the
regulated members register.
Equivalent competence
5(1) An applicant
who does not meet the requirements under section 3 or 4 but whose
qualifications have been determined by the Registrar to be substantially
equivalent to the competence requirements set out in section 3 or 4 may be
registered on the appropriate category of the regulated members register.
(2) In determining whether
or not an applicant’s qualifications are substantially equivalent under
subsection (1), the Registrar may require the applicant to undergo an
examination, testing and assessment activity to assist with the determination.
(3) The Registrar may
direct the applicant to undergo any education or training activities the
Registrar may consider necessary in order for the applicant to be registered.
Courtesy register applications
6 A person who is
registered as an optometrist in good standing in another jurisdiction and who
requires registration in Alberta on a temporary basis for a specified purpose
approved by the Registrar and who satisfies the Registrar of the person’s
competence to provide the services related to the specified purposes is
eligible to be registered on the courtesy register for up to one year.
Resuscitation certificate
7 All applicants
for registration as regulated members must have successfully completed a course
that provides a level C certification in cardiopulmonary resuscitation in
accordance with the guidelines established by the Heart and Stroke Foundation
of Canada.
Liability insurance
8 All applicants
for registration as regulated members must provide evidence of having the type
and amount of professional liability insurance required by the Council.
Good character, reputation
9 All applicants
for registration as regulated members must provide evidence of having good
character and reputation by submitting any or all of the following on the
request of the Registrar:
(a) written references from colleagues and,
where applicable, from another jurisdiction in which they are currently
registered;
(b) a statement by the applicant as to whether
the applicant is currently undergoing an unprofessional conduct process or has
previously been disciplined by another regulatory body responsible for the regulation
of optometry or of another professions;
(c) a statement as to whether the applicant has
ever been convicted of a criminal offence;
(d) any other evidence as requested.
Titles
and Abbreviations
Authorization
to use titles, etc.
10(1) All regulated
members may use
(a) the titles
(i) optometrist, and
(ii) optometric contact lens practitioner,
(b) the initials O.D., and
(c) the word registered, in combination with the
titles referred to in clause (a).
(2) In connection with
providing optometric health services all regulated members may use the title
doctor and Dr.
Restricted
Activities
Authorized
restricted activities
11 A regulated
member may perform the following restricted activities, within the meaning of
Schedule 7.1 to the Government Organization Act:
(a) to prescribe and dispense corrective lenses;
(b) to prescribe the following Schedule 1 drugs
for the purpose of diagnosis:
(i) mydriatics;
(ii) cycloplegics;
(iii) miotics;
(c) to give, as samples to the regulated
member’s patients,
(i) Schedule 1 drugs listed in clause (b),
(ii) Schedule 2 drugs used in the practice of
optometry, and
(iii) if the regulated member meets the
requirements of sections 12 and 13, Schedule 1 drugs listed in section
12(1)(a).
Authorized restricted activities
12(1) A regulated
member may perform the following restricted activities, within the meaning of
Schedule 7.1 to the Government Organization Act:
(a) prescribe the following Schedule 1 drugs for
topical application in the treatment of ocular anterior segment disorders:
(i) mydriatics;
(ii) cyclopegics;
(iii) miotics;
(iv) non‑steroidal anti‑allergy
medications;
(v) non‑steroidal anti‑inflammatory
medications;
(vi) corticosteroids;
(vii) anti‑infective medications, including
steroidal anti‑infectives;
(viii) anti‑glaucoma medication;
(b) perform surgical procedures on body tissue
below the dermis or the mucous membrane or in or below the surface of the
cornea in the removal of superficial foreign bodies from the eye.
(2) Despite subsection (1),
a regulated member may only perform the restricted activities under subsection
(1) if the member has
(a) successfully completed a 100‑hour
course approved by the Council of which 40 hours must be in a clinical setting
dealing with therapeutic agents, or
(b) graduated from a program approved by the
Council.
(3) Despite subsection (1),
regulated members may only prescribe anti‑glaucoma medication referred to
in subsection (1)(a)(viii) in a consultative, co‑management arrangement
with an ophthalmologist who is licensed to practice in Canada.
(4) The Council must
establish criteria respecting
(a) administrating and prescribing Schedule 1
drugs referred to in subsection (1)(a), and
(b) the requirements of the co‑management
arrangement with an ophthalmologist referred to in subsection (3).
(5) Regulated members
carrying out the restricted activities referred to in subsections (1) and (3)
must follow the criteria established by the Council pursuant to subsection (4).
Restriction
13 Despite sections
11 and 12, regulated members must restrict themselves in performing restricted
activities to those activities that they are competent to perform and to those
that are appropriate to the member’s area of practice and the procedure being
performed.
Students
14(1) A student
who is enrolled in a program of optometry approved by the Council may perform
the restricted activities specified in sections 11 and 12 under the supervision
of a regulated member who is authorized to perform the restricted activity and
who is physically present on the site where the procedure is being performed
and is available to assist.
(2) Despite subsection (1),
a person not otherwise authorized to dispense corrective lenses may dispense
corrective lenses under the supervision of an optometrist if the optometrist is
satisfied that the person has sufficient competence to do so and the
optometrist is available for consultation at all times.
Continuing
Competence
Program
credits
15(1) On and after
the January 1 immediately following the coming into force of this Regulation,
(a) regulated members who are regulated members
on that January 1 must in each successive 3‑year period, and
(b) regulated members who become regulated
members after that January 1 must in each successive 3‑year period after
the date each person became a regulated member
obtain
60 continuing education credits and have a minimum of 150 days of optometric
practice.
(2) To obtain program
credits, a regulated member may undertake the following developmental
activities in accordance with the continuing competence program rules approved
under section 16:
(a) attendance at
(i) university or college courses or lectures,
or
(ii) conferences or seminars;
(b) providing a presentation as part of
(i) a university or college course or lecture,
or
(ii) a conference or seminar;
(c) successful completion of a post‑graduate
certification program or course;
(d) publication in a refereed health journal;
(e) undertaking individualized learning
activities;
(f) participating as a member of the Council of
the College or a committee established by the Council;
(g) attendance at an optometric event approved
by the Council, the Registrar or the Competence Committee;
(h) other activities approved by the Council,
the Registrar or the Competence Committee.
(3) As part of the
continuing competence program, regulated members must submit within each 3‑year
period a list of continuing competence activities undertaken and supporting
documentation.
Continuing competence program rules
16(1) The Registrar
or Competence Committee may recommend to the Council
(a) rules governing the program credits that may
be earned for each professional activity,
(b) rules governing the type and category of
professional activities that a regulated member must undertake in a 3‑year
period,
(c) rules limiting the number of professional
development activities within a specific category for which a member may earn
credits, and
(d) any other rules, as required, governing the
continuing competence program.
(2) The rules recommended
under subsection (1) and any recommended amendments to those rules must be
distributed by the Registrar to all regulated members for their review.
(3) The Council may approve
rules and amendments to the rules
reviewed under subsection (2).
Rule distribution
17 The rules and any
amendments to the rules approved under section 16 must be made available by the
Registrar to the public, the Minister, regional health authorities and any
person who requests them.
Evaluation of regulated members
18 The Registrar or
Competence Committee must periodically select regulated members in accordance
with criteria established by the Council for a review and evaluation of all or
part of the member’s continuing competence program.
Practice visits
19(1) The
Competence Committee is authorized to carry out practice visits and may, for
the purposes of assessing continuing competence, select individual regulated
members or groups of regulated members for a practice visit.
(2) The criteria for
selecting members for review must be developed by the Competence Committee and
approved by the Council.
Actions to be taken
20 If the results of
a practice visit are unsatisfactory, the Competence Committee may direct a
regulated member or a group of regulated members to undertake one or more of
the following actions within the time period, if any, specified by the
Competence Committee:
(a) completion of specific continuing competence
requirements or professional development activities;
(b) completion of any examinations, testing,
assessment, training, education or counselling to enhance competence in a
specified area or areas;
(c) a requirement to practice under the
supervision of another regulated member;
(d) limitation of practice to specified
procedures or practice settings;
(e) reporting to the committee on specified
matters on specified dates;
(f) prohibition from supervising other regulated
members or students;
(g) correction of any problems identified in the
practice visit;
(h) demonstration of competence gained in a
specific area.
Practice
Permit Renewal
Application
21 A regulated
member applying to renew a practice permit must provide evidence of
(a) having met the continuing competence
requirements specified in section 15, and
(b) having the type and amount of liability
insurance required by the Council.
Alternative
Complaint Resolution
Process
conductor
22 When a
complainant and an investigated person have agreed to enter into an alternative
complaint resolution process, the Complaints Director must appoint an
individual to conduct the alternative complaint resolution process.
Agreement
23 The person
conducting the alternative complaint resolution process must, in consultation
with the complainant and the investigated person, establish the procedures for
and objectives of the alternative complaint resolution process, which must be
set out in writing and signed by the complainant, the investigated person and
the representative of the College.
Confidentiality
24 The complainant
and the investigated person must, subject to section 59 of the Act, agree to
treat all information shared during the
process as confidential.
Leaving the process
25 The complainant
and the investigated person may withdraw from the alternative complaint
resolution process at any time.
Reinstatement
Reinstatement
application
26(1) A person
whose registration and practice permit have been cancelled under Part 4 of the
Act may apply in writing to the Registrar to have the registration and practice
permit reinstated.
(2) An application under
subsection (1) may not be made earlier than
(a) 5 years after the cancellation, or
(b) one year after the refusal of an application
under clause (a).
(3) An applicant under
subsection (1) must provide evidence to the Registration Committee of
qualifications for registration.
Review of application
27(1) An
application under section 26 must be reviewed by the Registration Committee in
accordance with the application for registration process set out in sections 28
to 30 of the Act.
(2) On reviewing an
application in accordance with subsection (1), the Registration Committee must
(a) consider
(i) the record of the hearing at which the
applicant’s registration and practice permit were cancelled, and
(ii) the evidence presented at the hearing,
and
(b) be satisfied that
(i) the applicant meets the current requirements
for registration,
(ii) any conditions imposed at the time the
applicant’s permit and registration were cancelled have been met, and
(iii) the applicant is fit to practice optometry
and does not pose a risk to public safety.
(3) The Registration
Committee on reviewing an application may make one or more of the following
orders:
(a) an order denying the application;
(b) an order directing the Registrar to
reinstate the person’s registration and practice permit;
(c) an order directing the Registrar to impose
specified terms and conditions on the person’s practice permit.
Application for review
28 An applicant
whose application is denied or on whose practice permit terms and conditions
have been imposed under section 27, may apply to the Council for a review of
the decision of the Registration Committee in accordance with the process set
out in sections 31 and 32 of the Act.
Access to decision
29(1) The
Registration Committee may order that its decision be publicized in a manner it
considers appropriate.
(2) The College must make
the decision of the Registration Committee available for 5 years to the public
on request.
Information
Providing
information
30(1) A regulated
member must, when there is a change to the information or at the request of the
Registrar, provide the following information in addition to that required under
section 33(3) of the Act:
(a) home and business mailing address, e‑mail
address, phone numbers and fax numbers;
(b) full name and previous names as applicable;
(c) initial year of registration;
(d) degrees and other qualifications;
(e) school of graduation;
(f) year of graduation;
(g) date of birth and gender;
(h) employer’s name or place of business,
including business names;
(i) job title and position description;
(j) date of employment;
(k) names of other jurisdictions in which the
member is registered;
(l) any other colleges of a profession that
provides health services in which the member is registered and whether the
member is a practising member of that college.
(2) Subject to section
34(1) of the Act, the College may release the information collected under
subsection (1) only
(a) with the consent of the regulated member
whose information it is, or
(b) in a summarized or statistical form so that
it is not possible to relate the information to any particular identifiable
person.
Correcting information
31 The Registrar may
correct or remove any information in the register if the Registrar determines
it is incorrect or inaccurate.
Section 119 information
32 The Council must
provide the information referred to in section 119(4) of the Act as follows:
(a) in the case of a cancellation of practice
permit, the information must be available for 5 years after the cancellation
came into effect;
(b) in the case of a condition imposed on a
practice permit, including suspensions, the information must be available while
the condition is in effect;
(c) records of hearings, including decisions,
must be available for 5 years after the decision is made;
(d) information on the date a hearing is
scheduled or held must be available until the hearing is completed.
Transition
Provisions, Repeal and Coming into Force
Transitional
provisions
33 On the coming
into force of this Regulation, a person described in section 7(1) or (2) of
Schedule 17 to the Act is deemed to be entered on the regulated member register
in the register category that the Registrar considers appropriate.
Repeal
34 The following
Regulations are repealed:
(a) Optometry Profession General Regulation
(AR 388/85);
(b) Optometry Profession Standards of
Practice Regulation (AR 389/85).
Coming into force
35 This Regulation
comes into force on the coming into force of Schedule 17 to the Health
Professions Act.
