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AR 61/2005 MEDICAL DIAGNOSTIC AND THERAPEUTIC TECHNOLOGISTS AND ELECTRONEUROPHYSIOLOGISTS PROFESSION REGULATION

(no amdt)

ALBERTA REGULATION 61/2005

Health Professions Act

MEDICAL DIAGNOSTIC AND THERAPEUTIC TECHNOLOGISTS
AND ELECTRONEUROPHYSIOLOGISTS
PROFESSION REGULATION

Table of Contents

                1       Definitions


Registers

                2       Register categories

Registration

                3       General register

                4       Temporary register

                5       Courtesy register

                6       Equivalent jurisdiction

                7       Equivalent qualifications

                8       Good character

                9       Language proficiency

              10       Liability insurance

Titles

              11       Titles

Practice Permit

              12       Conditions

              13       Renewal requirements

Restricted Activities

              14       Radiological technologists

              15       Nuclear medicine technologists

              16       Radiation therapists

              17       Magnetic resonance technologists

              18       Electroneurophysiology technologists

              19       Enhanced practice

              20       Duty of regulated members

              21       Supervision

Alternative Complaint Resolution

              22       Process conductor

              23       Agreement

              24       Confidentiality

              25       Leaving the process

Reinstatement of Registration and Practice Permits

              26       Applying for reinstatement

              27       Review process

              28       Review of decision

              29       Access to decision

Information

              30       Requested information

              31       Correcting information

              32       Access to regulated members’ information

Transitional Provisions, Repeal and
Coming into Force

              33       Transitional

              34       Repeal

              35       Coming into force

Definitions

1   In this Regulation,

                                 (a)    “Act” means the Health Professions Act;

                                 (b)    “College” means the Alberta College of Medical Diagnostic and Therapeutic Technologists;

                                 (c)    “Council” means the council of the College;

                                 (d)    “Registrar” means the registrar of the College;

                                 (e)    “Registration Committee” means the registration committee of the College.

Registers

Register categories

2   The regulated members register established by the Council under section 33(1)(a) of the Act has the following categories:

                                 (a)    medical radiation technologist general register, which includes the following general registers:

                                           (i)    radiological technologist general register;

                                          (ii)    radiation therapist general register;

                                         (iii)    nuclear medicine technologist general register;

                                         (iv)    magnetic resonance technologist general register;

                                 (b)    medical radiation technologist temporary register, which includes the following temporary registers:

                                           (i)    radiological technologist temporary register;

                                          (ii)    radiation therapist temporary register;

                                         (iii)    nuclear medicine technologist temporary register;

                                         (iv)    magnetic resonance technologist temporary register;

                                 (c)    medical radiation technologist courtesy register;

                                 (d)    electroneurophysiology technologist general register, which includes the following general registers:

                                           (i)    electroencephalography technologist general register;

                                          (ii)    electromyography technologist general register;

                                         (iii)    evoked potential technologist general register;

                                 (e)    electroneurophysiology technologist temporary register, which includes the following temporary registers:

                                           (i)    electroencephalography technologist temporary register;

                                          (ii)    electromyography technologist temporary register;

                                         (iii)    evoked potential technologist temporary register;

                                  (f)    electroneurophysiology technologist courtesy register.

Registration

General register

3(1)  An applicant for registration as a regulated member on a general register category of a regulated members register listed in section 2

                                 (a)    must have a diploma in the appropriate area of practice from a program of studies approved by the Council,

                                 (b)    must have successfully completed an entry examination approved by the Council, and

                                 (c)    must demonstrate evidence of current qualifications by complying with at least one of the following:

                                           (i)    having successfully completed the requirement referred to in clause (b) within the 2 years immediately preceding the date of the application;

                                          (ii)    having successfully completed the requirements for academic and experiential upgrading as directed by the Registrar or Registration Committee in the appropriate area of practice within the 2 years immediately preceding the date of the application;

                                         (iii)    having completed at least 480 working hours of practice in the appropriate area of practice within the 3 years immediately preceding the date of the application.

(2)  Despite subsection (1)(c)(iii), a person who is registered as a regulated member on the electroencephalography technologist general register or the electromyography technologist general register category of the regulated members register may demonstrate evidence of current qualifications as an evoked potential technologist if that person has completed at least 120 working hours of practice in the practice of evoked potential technology within the 3 years immediately preceding the date of an application for registration in the evoked potential technologist general register.

Temporary register

4(1)  An applicant for registration as a regulated member

                                 (a)    who has successfully completed the requirement referred to in section 3(1)(a) (for medical radiation technologists or electroneurophysiology technologists) but has not successfully completed the entry examination referred to in section 3(1)(b) for that area of practice, or

                                 (b)    is enrolled in a program of experiential upgrading as directed by the Registrar or Registration Committee for the purpose of completing the requirement referred to in section 3(1)(a)

may be registered in the appropriate category of the medical radiation technologist temporary register or the electroneurophysiology technologist temporary register category of the regulated members register, as the case may be.

(2)  A person registered under subsection (1)

                                 (a)    in the medical radiation technologist temporary register category of the regulated members register, may be registered for a period not exceeding one year, or

                                 (b)    in the electroneurophysiology technologist temporary register category of the regulated members register, may be registered for a period not exceeding 2 years.

(3)  The maximum periods referred to in subsection (2) may be extended at the discretion of the Registrar or Registration Committee for a period to be determined by the Registrar or Registration Committee.

(4)  A person registered under subsection (1) must practise under the supervision of a regulated member who

                                 (a)    practises in the same area of practice as the person registered in the temporary register, and

                                 (b)    is physically present and available to assist the person with performing of the restricted activity as needed.

(5)  Where an appropriate regulated member is not available to supervise a temporary member, the Registrar or Registration Committee may permit the temporary member to practise under the supervision of a regulated member of another regulated health profession who is authorized to perform the restricted activity that the temporary member is performing and may direct the manner and type of supervision to be provided.

Courtesy register

5(1)  A person who requires registration in Alberta for a period not exceeding 6 months for a purpose approved by the Registrar is eligible for registration in the medical radiation technologist courtesy register or the electroneurophysiology technologist courtesy register category of the regulated members register if that person

                                 (a)    is registered in good standing in another jurisdiction in a register appropriate to that person’s area of practice, or

                                 (b)    otherwise satisfies the Registrar that the person has the competence to provide the services related to the approved purpose.

(2)  Where a person is registered in a courtesy register category of the regulated members register under subsection (1),

                                 (a)    the registration is for the purpose and length of time specified by the Registrar, and

                                 (b)    the Registrar must identify any title that may be used by the registered person and the restricted activities that person may engage in while so registered.

Equivalent jurisdiction

6   An applicant for registration as a regulated member who is registered in good standing in another jurisdiction recognized by the Council as having registration requirements substantially equivalent to the registration requirements set out in section 3 may be registered in the appropriate category of the regulated members register.

Equivalent qualifications

7(1)  An applicant for registration as a regulated member who does not meet the registration requirements of section 3 and whose qualifications have been determined by the Registrar or Registration Committee to be substantially equivalent to the registration requirements set out in section 3 may be registered in the appropriate category of the regulated members register.

(2)  For the purposes of determining substantial equivalency of qualifications of an applicant under subsection (1), the College may require an applicant to undergo any examination, testing, assessment, training or education program it considers necessary.

Good character

8   An applicant for registration as a regulated member must, at the request of the Registrar, provide evidence of good character and reputation by submitting the following:

                                 (a)    a written reference from colleagues and, where applicable, from another jurisdiction in which the applicant is 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 medical radiation technologists and electroneurophysiology technologists or of members of another health profession;

                                 (c)    the results of the applicant’s criminal record check;

                                 (d)    any other information requested by the Registrar.

Language proficiency

9(1)  An applicant for registration as a regulated member must be sufficiently proficient in the English language to be able to provide professional services in English.

(2)  An applicant may be required by the Registrar to demonstrate proficiency in the English language in accordance with the standards approved by the Council.

Liability insurance

10   An applicant for registration as a regulated member must provide evidence of having the type and amount of professional insurance required by the Council.

Titles

Titles

11   Regulated members may use the titles set out in section 2 of Schedule 12 to the Act according to the following terms and conditions:

                                 (a)    members registered in the radiological technologist general register or the radiological technologist temporary register category of the regulated members register are authorized to use the following titles:

                                           (i)    registered technologist in radiology;

                                          (ii)    radiological technologist;

                                         (iii)    RTR;

                                 (b)    members registered in the nuclear medicine technologist general register or the nuclear medicine technologist temporary register category of the regulated members register are authorized to use the following titles:

                                           (i)    registered technologist in nuclear medicine;

                                          (ii)    nuclear medicine technologist;

                                         (iii)    RTNM;

                                 (c)    members registered in the radiation therapist general register or the radiation therapist temporary register category of the regulated members register are authorized to use the following titles:

                                           (i)    registered technologist in therapy;

                                          (ii)    radiation therapist;

                                         (iii)    RTT;

                                 (d)    members registered in the magnetic resonance technologist general register or the magnetic resonance technologist temporary register category of the regulated members register are authorized to use the following titles:

                                           (i)    registered technologist in magnetic resonance;

                                          (ii)    magnetic resonance technologist;

                                         (iii)    RTMR;

                                 (e)    members registered in the electroencephalography technologist general register or the electroencephalography technologist temporary register category of the regulated members register are authorized to use the following titles:

                                           (i)    registered electroencephalography technologist;

                                          (ii)    RET;

                                  (f)    members registered in the evoked potential technologist general register or the evoked potential technologist temporary register category of the regulated members register are authorized to use the following titles:

                                           (i)    registered evoked potential technologist;

                                          (ii)    REPT;

                                 (g)    members registered in the electromyography technologist general register or the electromyography technologist temporary register category of the regulated members register are authorized to use the following titles:

                                           (i)    registered electromyography technologist;

                                          (ii)    RTEMG;

                                 (h)    members registered in any of the electroneurophysiology technologist general or temporary registers categories of the regulated members register are authorized to use the following titles:

                                           (i)    registered electroneurophysiology technologist;

                                          (ii)    RENPT.

Practice Permit

Conditions

12   On issuing a practice permit, the Registrar may impose conditions on a regulated member, including but not limited to the following:

                                 (a)    that a member complete the continuing competence requirements within a specified time;

                                 (b)    that a member complete examinations, testing, assessment, clinical practicum or work experience;

                                 (c)    that a member practise under supervision;

                                 (d)    that a member’s practice be limited to practice areas or settings specified by the Registrar;

                                 (e)    that a member use only those titles specified by the Registrar;

                                  (f)    that a member is prohibited from supervising students of the profession or regulated members of the College.

Renewal requirements

13(1)  A regulated member who applies for a renewal of a practice permit must demonstrate evidence of current qualifications by complying with at least one of the following:

                                 (a)    having completed the education requirements set out in section 3 within the 2 years immediately preceding the date of the application;

                                 (b)    having successfully completed the requirements for academic and experiential upgrading as directed by the Registrar or Registration Committee within the 2 years immediately preceding the date of the application;

                                 (c)    having completed at least 480 working hours of practice in the appropriate area of practice within the 3 years immediately preceding the date of the application.

(2)  Despite subsection (1)(c), a person who is registered as a regulated member on the electroencephalography technologist general register or the electromyography technologist general register category of the regulated members register may provide evidence of current qualifications of evoked potential technology if that person has completed at least 120 working hours of practice of evoked potential technology within the 3 years immediately preceding the date of the application for a renewal of a practice permit.

Restricted Activities

Radiological technologists

14(1)  A regulated member who is registered in the radiological technologist general register or the radiological technologist temporary register category of the regulated members register is authorized to perform the following restricted activities:

                                 (a)    apply any form of ionizing radiation in medical radiography;

                                 (b)    apply non‑ionizing radiation in lithotripsy;

                                 (c)    administer diagnostic imaging contrast agents for the purpose of conducting diagnostic scans and imaging of body tissue;

                                 (d)    insert or remove instruments, devices or fingers

                                           (i)    beyond the opening of the urethra,

                                          (ii)    beyond the anal verge, and

                                         (iii)    into an artificial opening in the body

                                          for the purpose of administering diagnostic examinations in medical radiography.

(2)  A person referred to in subsection (1) who has completed advanced training approved by the Council may be authorized by the Registrar to perform an invasive procedure on body tissue below the dermis for the purpose of starting an intravenous line.

Nuclear medicine technologists

15(1)  A regulated member who is registered in the nuclear medicine technologist general register or the nuclear medicine technologist temporary register category of the regulated members register is authorized to perform the following restricted activities:

                                 (a)    apply any form of ionizing radiation in nuclear medicine;

                                 (b)    compound or administer blood or blood products to perform autologous procedures;

                                 (c)    administer radiopharmaceuticals, radiolabelled substances, radioactive gases or radioaerosols for diagnostic and therapeutic purposes;

                                 (d)    administer anything by an invasive procedure on body tissue below the dermis for the purpose of administering subcutaneous, intradermal and intramuscular injections for diagnostic and therapeutic purposes;

                                 (e)    insert or remove instruments or devices beyond the opening of the urethra for the purpose of administering diagnostic examinations in nuclear medicine.

(2)  A person referred to in subsection (1) who has completed advanced training approved by the Council may be authorized by the Registrar to perform an invasive procedure on body tissue below the dermis for the purpose of starting an intravenous line.

Radiation therapists

16(1)  A regulated member who is registered in the radiation therapist general register or the radiation therapist temporary register category of the regulated members register is authorized to perform the following restricted activities:

                                 (a)    apply any form of ionizing radiation in radiation therapy;

                                 (b)    administer diagnostic imaging contrast agents for the purpose of conducting diagnostic scans and imaging of body tissue;

                                 (c)    insert or remove instruments, devices, hands or fingers

                                           (i)    beyond the cartilaginous portion of the ear canal,

                                          (ii)    beyond the pharynx,

                                         (iii)    beyond the opening of the urethra,

                                         (iv)    beyond the labia majora,

                                          (v)    beyond the anal verge, and

                                         (vi)    into an artificial opening in the body

                                          for the purpose of radiation treatment.

(2)  A person referred to in subsection (1) who has completed advanced training approved by the Council may be authorized by the Registrar to perform an invasive procedure on body tissue below the dermis for the purpose of starting an intravenous line.

Magnetic resonance technologists

17(1)  A regulated member who is registered in the magnetic resonance technologist general register or the magnetic resonance technologist temporary register category of the regulated members register is authorized to perform the following restricted activities:

                                 (a)    apply non‑ionizing radiation in magnetic resonance imaging;

                                 (b)    administer diagnostic imaging contrast agents for the purpose of conducting diagnostic scans and imaging of body tissue;

                                 (c)    insert or remove instruments or devices beyond the opening of the urethra for the purposes of conducting diagnostic scans and imaging of body tissue.

 (2)  A person referred to in subsection (1) who has completed advanced training approved by the Council may be authorized by the Registrar to perform an invasive procedure on body tissue below the dermis for the purpose of starting an intravenous line.

Electroneurophysiology technologists

18(1)  A regulated member who is registered in the electroneurophysiology technologist general register or the electroneurophysiology technologist temporary register category of the regulated members register is authorized to perform an invasive procedure on body tissue below the dermis for the purpose of using needle recording electrodes.

(2)  A regulated member who is registered in the electromyography technologist general register, the electromyography technologist temporary register, the evoked potential technologist general register or the evoked potential technologist temporary register category of the regulated members register is authorized to perform an invasive procedure on body tissue below the dermis for the purpose of applying an electrical stimulus into the body when performing studies to record peripheral or central nervous system function, or both.

(3)  A regulated member who is registered in the evoked potential technologist general register or the evoked potential technologist temporary register category of the regulated members register is authorized to perform an invasive procedure on body tissue in or below the surface of the cornea for the purpose of using corneal electrodes below or on the surface of the cornea.

(4)  A regulated member who is registered in the evoked potential technologist general register or the evoked potential technologist temporary register category of the regulated members register is authorized to perform an invasive procedure on body tissue below the dermis for the purpose of intraoperative monitoring if the member

                                 (a)    has completed advanced training approved by the Council, and

                                 (b)    is authorized by the Registrar to perform that restricted activity.

Enhanced practice

19(1)  A regulated member who is registered in one of the medical radiation technologist general registers categories of the regulated members register listed in section 2(a) or in one of the electroneurophysiology technologist registers categories of the regulated members register listed in section 2(d) may be authorized to perform restricted activities that are not authorized activities for a technologist in that area of practice if

                                 (a)    the regulated member has completed advanced training approved by the Council,

                                 (b)    the restricted activity is one performed by a person who is registered in at least one of the medical radiation technologist general registers or electroneurophysiology technologist general registers categories of the regulated members register, and

                                 (c)    the Registrar is satisfied that the regulated member has received the appropriate education and has demonstrated the competencies required by the Council.

(2)  The Registrar may impose any conditions in accordance with policies and standards set by the Council on a regulated member referred to in subsection (1).

Duty of regulated members

20   Despite sections 14 to 19, regulated members must restrict themselves to performing only those restricted activities that they are competent to perform and that are appropriate to their areas of practice and the procedures being performed.

Supervision

21(1)  A regulated member who holds a practice permit in the appropriate area of practice may supervise medical radiation technologist and electroneurophysiology technologist activities performed by a student enrolled in the appropriate training program or in a combined laboratory and x‑ray science program approved by the Council of the Alberta College of Combined Laboratory and X‑ray Technologists.

(2)  The supervising member must

                                 (a)    be authorized to perform the restricted activity in respect of which the member is providing supervision, and

                                 (b)    be physically present and available to assist the student with performing the restricted activity as needed.

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

                                 (a)    the complainant,

                                 (b)    the investigated person, and

                                 (c)    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 alternative complaint resolution process as confidential.

Leaving the process

25   The complainant or the investigated person may withdraw from the alternative complaint resolution process at any time.

Reinstatement of Registration
and Practice Permits

Applying for reinstatement

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)    3 years after the date of cancellation, or

                                 (b)    one year after a decision is made denying an application for reinstatement.

(3)  An applicant under subsection (1) must provide evidence to the Registration Committee of qualifications for registration.

Review process

27(1)  An application under section 26 must be reviewed by the Registration Committee in accordance with sections 28 to 30 of the Act in the same manner as if the application for reinstatement were an application for registration as a regulated member.

(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 practise medical radiation technology or electroneurophysiology technology, as the case may be, 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.

Review of decision

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 in accordance with section 31(3) of the Act for a review of the decision of the Registration Committee.

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 a member of the public on request.

Information

Requested information

30(1)  A regulated member must provide the following information in addition to that required under section 33(3) of the Act at the request of the Registrar and when there are any changes to the information:

                                 (a)    home address, telephone number and e‑mail address;

                                 (b)    previous name;

                                 (c)    date of birth;

                                 (d)    gender;

                                 (e)    name of training institution and year of graduation;

                                  (f)    other degrees or specializations;

                                 (g)    name, address and telephone number of all current employers;

                                 (h)    periodic confirmation from employer of the number of hours worked in a period;

                                  (i)    description of category of membership, including additional qualifications and restrictions if applicable.

(2)  Subject to section 34(1) of the Act, the College may release the information collected under subsection (1)

                                 (a)    only with the consent of the regulated member whose information it is,

                                 (b)    only in a summarized or statistical form, or

                                 (c)    where the information is in an identifiable form, only if it is required for the purpose of research or workforce planning initiatives and the Registrar is satisfied that the information will be kept confidential and will not be used for any other purpose.

Correcting information

31   The Registrar may correct or remove any information in a register of regulated members if the Registrar determines the information is incorrect or inaccurate.

Access to regulated members’ information

32   The period of time during which the College is required to provide information under section 119(4) of the Act is as follows:

                                 (a)    in the case of a cancellation of a practice permit, for 10 years after the cancellation comes into effect;

                                 (b)    in the case of a condition imposed on a practice permit, including a suspension, for the period the condition is in effect;

                                 (c)    in the case of records of hearings, including decisions, for 10 years after the decision is made;

                                 (d)    in the case of information about the date or duration of a hearing, until the hearing is completed.

Transitional Provisions, Repeal and
Coming into Force

Transitional

33   On the coming into force of this Regulation, the name of a regulated member described in section 6 of Schedule 12 to the Act is deemed to be entered in the category of the regulated member register described in section 2 of this Regulation that the Registrar considers appropriate.

Repeal

34   The Medical Radiation Technologists Regulation (AR 327/85) is repealed.

Coming into force

35   This Regulation comes into force on the coming into force of Schedule 12 to the Act.

 
 
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