Alberta physiotherapists have the privilege of being a member of a self-regulated profession. This means the government outlines the rules in health-care legislation by which the College of Physiotherapists of Alberta can regulate and physiotherapists can provide service to Albertans.
You are expected to know the legislation governing your practice as a physiotherapist in Alberta. Assessing your understanding of the legislation is one aspect of the jurisprudence component of the College's Continuing Competence Program.
Governing legislation:
- Health Professions Act
- Physical Therapists Profession Regulation
- Bylaws
- Health Professions Restricted Activity Regulation
Because the legislation includes rules for both the College and members it's long and a bit intimidating. To help you get started we've listed the sections most relevant to physiotherapists.
102 A regulated member shall not engage in advertising that is untruthful, inaccurate or otherwise capable of misleading or misinforming the public.
Health Professions Act, section 102.
Continuing competence program
50(1) A council that exists immediately before the coming into force of this subsection must establish a continuing competence program within its standards of practice within 18 months after the coming into force of this subsection.
(1.1) A council that is established after the coming into force of this subsection must establish a continuing competence program within its standards of practice within 18 months from the date that the schedule to this Act with respect to the profession comes into force.
(1.2) Section 133 applies in respect of the adoption of standards of practice under this section as if the standards of practice were adopted under section 133.
(2) A continuing competence program
- must provide for regulated members or categories of regulated members to maintain competence and to enhance the provision of professional services by participating in a program for self-directed professional development, and
- may provide for practice visits, examinations, interviews or other competence assessments of the regulated members or categories of regulated members.
Health Professions Act, section 50.
Referral to Complaints Director
51.1(1) The competence committee, registration committee or registrar must make a referral to the complaints director if, on the basis of information obtained from a continuing competence program, the competence committee, registration committee or registrar is of the opinion that a regulated member has intentionally provided false or misleading information under this Part.
(2) The competence committee must make a referral to the complaints director if, on the basis of information obtained from a continuing competence program, it is of the opinion that
(a) the regulated member displays a lack of competence in the provision of professional services that has not been remedied by participating in the continuing competence program,
(b) the regulated member may be incapacitated, or
(c) the conduct of the regulated member constitutes unprofessional conduct that cannot be readily remedied by means of the continuing competence program.
Health Professions Act, section 51.1.
33 (3) The registrar must enter the following information for each regulated member in the appropriate category of register established under subsection (1)(a): (a) the full name of the member; (b) the member’s unique registration number; (b.1) whether the member’s registration is restricted to a period of time and, if so, the period of time; (c) any conditions imposed on the member’s practice permit; (d) the status of the member’s practice permit, including whether it is suspended or cancelled; (e) the member’s practice specialization recognized by the college; (f) whether the member is authorized to provide a restricted activity not normally provided by regulated members of the college; (g) whether the member is not authorized to provide a restricted activity that is normally provided by regulated members of the college; (h) information described in section 119(1).
(4) The registrar (a) may, in accordance with the bylaws, (i) enter in a register described in subsection (1)(a) information in addition to that required by subsection (3), and (ii) remove information from a register, and (b) must require regulated members and applicants for registration as regulated members to provide information related to their demographic status, education, training and experience and their practice of the regulated profession in accordance with regulations under sections 131 and 134.
Health Professions Act, section 33(3), 33(4)
Bylaw 32(1) A regulated member or applicant for registration must provide the information specified at section 33(4)(b) of the Act and any other information about the regulated member or applicant’s demographic status, education, training, experience, or professional practice considered necessary by the Registrar.
Bylaws 32
46(1) A person must apply for registration if the person
(a) meets the requirements of section 28(2) for registration as a regulated member, and
(b) intends to provide one or more of the following:
(i) professional services directly to the public;
(ii) the manufacture of dental appliances or conducting of laboratory tests that are used by other regulated members to provide professional services directly to the public;
(iii) food and nutrition professional services that are used by other regulated members and individuals to provide services directly to the public;
(iv) the teaching of the practice of a regulated profession to regulated members or students of the regulated profession;
(v) the supervision of regulated members who provide professional services to the public.
(2) If a registrar is of the opinion that a person who is not a regulated member meets or may meet the requirements of subsection (1)(a) with respect to the college and provides any services described in subsection (1)(b), the registrar may give that person a written request to apply for registration.
(3) A person who receives a request under subsection (2) must give a complete application for registration, except for the application fee, to the registrar within 30 days after receiving the request, however, the application fee must be paid prior to registration.
(4) This section does not apply to a person who is
(a) a regulated member of another college,
(b) a student of a regulated profession,
(c) authorized to provide services referred to in subsection (1) pursuant to another enactment, or
(d) qualified to be registered as an emergency medical responder and
(i) who is not primarily employed to provide health services but while employed, or
(ii) who provides volunteer services other than services as an ambulance attendant and, while providing those services, provides health services to another person.
Prohibition
47(1) No person shall knowingly employ a person who meets the requirements of section 46(1)(a) to provide services described in section 46(1)(b) unless that employed person is
(a) a regulated member, or
(b) authorized to provide the services pursuant to another enactment.
(2) A person who meets the requirements of section 46(1)(a) and who is to be employed to provide services described in section 46(1)(b) must,
(a) before being so employed, provide the employer with evidence of
(i) a practice permit in good standing, or
(ii) an authorization to provide the services pursuant to another enactment, and
(b) while so employed, notify the employer
(i) if the conditions imposed on the practice permit are varied or cancelled, if additional conditions are imposed on the practice permit or if the practice permit is suspended or cancelled, or
(ii) if there are any changes to the authorization to provide the services pursuant to another enactment or if the authorization is suspended or cancelled or expires.
Offence
48(1) A person who meets the requirements of section 46(1) but does not comply with a request under section 46(2) is guilty of an offence.
(1.1) A person who knowingly employs a person in contravention of section 47(1) is guilty of an offence.
(2) A person who is guilty of an offence under subsection (1) is 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.
(2.1) A person who is guilty of an offence under subsection (1.1) is liable
(a) for a first offence, to a fine of not more than $4000,
(b) for a 2nd offence, to a fine of not more than $8000, and
(c) for a 3rd and every subsequent offence, to a fine of not more than $12 000 or to imprisonment for a term of not more than 12 months or to both a fine and imprisonment.
(3) A prosecution under this section may be commenced within 2 years after the commission of the alleged offence, but not afterwards.
Injunction
49 The Court of Queen’s Bench, on application by a college, may grant an injunction enjoining any person who on reasonable and probable grounds appears to meet the requirements of section 46(1)(a) from providing services described in section 46(1)(b) if
(a) the person is not a regulated member and is not authorized to provide the services pursuant to another enactment, or
(b) the person fails to comply with section 46(3) on receiving a written request under section 46(2).
Health Professions Act, sections 46 - 49.
Related Items
101 No municipality or Metis settlement has the power to require
(a) a regulated member to obtain a licence from the municipality or Metis settlement to practise a regulated profession, or
(b) a professional corporation, a business corporation or a partnership owned by regulated members to obtain a licence from the municipality or Metis settlement to practise a regulated profession.
Health Professions Act, section 101.
100(1) A regulated member is responsible, for the purposes of this Act, the code of ethics, the standards of practice and the bylaws, for how the member provides professional services and complies with this Act, the code of ethics, the standards of practice and the bylaws, and that responsibility is not affected, modified or diminished by the practice arrangements of the regulated member and, without restricting the generality of practice arrangements, practice arrangements include providing professional services as, in relationship to or on behalf of
(a) a self‑employed individual,
(b) an employee,
(c) a partner,
(d) a partnership,
(e) a shareholder,
(f) a director,
(g) a corporation other than a professional corporation,
(h) a professional corporation,
(i) an employer, or
(j) a practice in association.
(2) Subject to this Part, a regulated member may provide professional services as, in relationship to or on behalf of
(a) a self‑employed individual,
(b) an employee,
(c) a partner,
(d) a partnership,
(e) a shareholder,
(f) a director,
(g) a corporation other than a professional corporation,
(h) a professional corporation,
(i) an employer, or
(j) a practice in association.
(3) Nothing in this Part affects, modifies or limits any law or practice applicable to the confidential or ethical relationship between a regulated member and a person receiving the professional services of a regulated member.
(4) The relationship between a partnership, corporation or professional corporation providing professional services and a person receiving the professional services of the partnership, corporation or professional corporation is subject to all applicable law and practice relating to the confidential and ethical relationships between a regulated member and the person receiving the professional services of a regulated member.
(5) The relationship between a regulated member practicing in association and a person receiving the professional services of the regulated member practicing in association is subject to all applicable law and practice relating to the confidential and ethical relationships between a regulated member and the person receiving the professional services.
(6) The rights and obligations pertaining to communications made to or information received by a regulated member apply to the shareholders, directors, officers and employees of a partnership, corporation or professional corporation and the participants in a practice in association.
Health Professions Act, section 100.
Related Items
97(1) In this section, “practice in association” means a practice conducted in co‑operation with another person where one or more of the following occur:
(a) joint advertising;
(b) shared office telephone number;
(c) combined client billing for services provided by more than one person;
(d) shared office reception area;
(e) shared office or clinic expenses;
(f) shared administrative functions or expenses;
(g) shared ownership or use of premises, equipment, furnishings or other property;
(h) shared employees;
(i) sharing or circumstances that the regulations under this section constitute as practice in association.
(2) Unless restricted by the regulations under this section, by a code of ethics or by the standards of practice, a regulated member may
(a) practise in association with another regulated member or with a person who is not a regulated member, and
(b) refer patients to and receive referrals from another regulated member of any college or a person who is not a regulated member.
(3) The Lieutenant Governor in Council may make regulations
(a) restricting the persons or categories of persons with whom a regulated member or category of regulated members may practise in association;
(b) restricting the persons or categories of persons to or from whom a regulated member or categories of regulated members may refer or receive referrals of patients;
(c) describing additional forms of sharing or circumstances that constitute practice in association.
Health Professions Act, section 97.
Application date for practice permit
(3) Regulated members shall complete a practice permit application by September 15 of each year which will become effective October 1. If a regulated member does not provide a complete practice permit application by October 1, their practice permit shall be suspended under section 39 of the HPA.
Bylaw 30(3).
Suspension if application is not made
39 If a regulated member’s application for renewal of a practice permit is not received by the registrar by the date provided for in the bylaws, the member’s practice permit is suspended and the registrar may cancel the member’s practice permit in accordance with section 43.
Health Professions Act, sections 38 + 39.
Renewal requirements
25(1) In addition to meeting the requirements established under section 40 of the Act, a regulated member applying for renewal of the member's practice permit must provide evidence of satisfactory to the Registrar or Registration Committee of meeting at least one of the following:
(a) having met the requirements of section 3 in the previous 3 years;
(b) in the 5 years immediately preceding an application for renewal, having been engaged in the practice of physical therapy for at least 1200 hours;
(c) demonstrating that the member is currently competent to practise as a physical therapist.
(2) If requested by the Registrar or Registration Committee, a regulated member applying for renewal of the member's practice permit must provide a photo ID of the member in the form required by the Registrar or Registration Committee.
Physical Therapists Profession Regulation, section 25.
Related Items
(5) A regulated member must
(a) display the regulated member’s practice permit where the regulated member provides professional services, or
(b) on request, make the regulated member’s practice permit available for inspection.
Health Professions Act, section 5.
3 In their practice, physical therapists do one or more of the following:
(a) assess physical function,
(b) diagnose and treat dysfunction caused by a pain, injury, disease or condition in order to develop, maintain and maximize independence and prevent dysfunction,
(b.1) engage in research, education and administration with respect to health services delivery and the science, techniques and practice of physiotherapy, and
(c) provide restricted activities authorized by the regulations.
Health Professions Act, Schedule 20, section 3.
Section 10 of Schedule 20 of the Health Professions Act sets out where physiotherapists may provide professional services.
10(1) A regulated member of the College of Physiotherapists of Alberta shall not provide a professional service except
- for or on behalf of a person who is a regulated member of the College of Physiotherapists of Alberta,
- at or in association with a practice setting approved by an accreditation body approved by the council of the College of Physiotherapists of Alberta, or
- at or in association with a practice setting approved by the council of the College of Physiotherapists of Alberta.
(2) Subsection (1) does not apply to a regulated member of the College of Physiotherapists of Alberta employed by
- an institution owned, operated or controlled by a government or an agency or department of a government,
- a nursing home, whether or not it is owned, operated or controlled by a government or an agency or department of a government,
- an approved hospital as defined in the Hospitals Act,
- a regional health authority, or
- other employers approved by the council of the College of Physiotherapists of Alberta.
1.1(1) Despite this Act, the bylaws and any enactment that governs the practice of a regulated member or health practitioner, college or regulatory organization, if any of the following persons knows of or has reason to suspect the existence of a nuisance or a threat that is or may be injurious or dangerous to the public health, that person must immediately notify the medical officer of health of the appropriate regional health authority by the fastest means possible:
(a) a regulated member;
(b) a health practitioner who provides health services described in a Schedule;
(c) a member of a council of, or an officer, employee or agent of, a college;
(d) a member of a board or council of, or an officer, employee or agent of, a regulatory organization that governs the practice of a health practitioner who provides health services described in a Schedule.
(2) The definitions in the Public Health Act apply to this section.
Health Professions Act, section 1.1.
Sexual abuse or sexual misconduct
Under the Health Professions Act, s. 127(2), a regulated member, acting in their professional capacity, is required to notify the College if they have reasonable grounds to believe that the conduct of a physiotherapist constitutes sexual abuse or sexual misconduct.
Use this form to submit a mandatory report to the College.
Performance of female genital mutilation
Under the Health Professions Act, s. 127(2), a regulated member, acting in their professional capacity, is required to notify the College if they have reasonable grounds to believe that the conduct of a physiotherapist constituted the procurement or performance of female genital mutilation.
Use this form to submit a mandatory report to the College.
Criminal, Negligence, and Conduct
Criminal
Under the Health Professions Act, s. 127(4) a regulated member must report in writing to the registrar, as soon as reasonably possible, if the regulated member has been charged with an offence under the Criminal Code (Canada) or has been convicted of an offence under the Criminal Code (Canada).
Email the registrar at registrar@cpta.ab.ca
Negligence
Under the Health Professions Act, s. 127 (3), a regulated member must report any finding of professional negligence made against the regulated member to the registrar in writing, as soon as reasonably possible, after the finding is made.
Email the registrar at registrar@cpta.ab.ca
Conduct
Under the Health Professions Act, s. 127.1(1), if a person is a regulated member of more than one college and one college makes a decision of unprofessional conduct with respect to that regulated member, the regulated member must, as soon as reasonably possible, report that decision and provide a copy of that decision, if any, to the registrar of any other college the person is a regulated member of.
(2) If a governing body of a similar profession in another jurisdiction has made a decision that the conduct of a regulated member in that other jurisdiction constitutes unprofessional conduct, the regulated member must, as soon as reasonably possible, report that decision and provide a copy of that decision, if any, to the registrar.
Email the registrar at registrar@cpta.ab.ca
Restricted activities for physiotherapists
52 For the purposes of section 1.3 and Schedule 20 to the Act, a regulated member on the general register, provisional register or courtesy register, in the practice of physiotherapy, may perform in accordance with standards of practice the following restricted activities:
(a) to cut a body tissue, to administer anything by an invasive procedure on body tissue or to perform other invasive procedures on body tissue below the dermis or the mucous membrane for the purpose of wound debridement and care;
(b) to insert or remove instruments, devices or fingers
(i) beyond the cartilaginous portion of the ear canal,
(ii) beyond the point in the nasal passages where they normally narrow,
(iii) beyond the pharynx,
(iv) beyond the labia majora,
(v) beyond the anal verge, or
(vi) into an artificial opening into the body;
(c) to reduce a dislocation of a joint.
Other restricted activities for physiotherapists
53(1) A regulated member on the general register or courtesy register, in the practice of physiotherapy, who has provided evidence to the registrar of having the competencies required to perform the restricted activities and received notification from the registrar that authorization is indicated on the general register or courtesy register, as the case may be, may perform in accordance with standards of practice the following restricted activities:
(a) to cut a body tissue or to perform other invasive procedures on body tissue below the dermis or the mucous membrane for the purpose of needle acupuncture;
(b) to cut a body tissue, to administer anything by an invasive procedure on body tissue or to perform other invasive procedures on body tissue below the dermis or the mucous membrane for the purpose of intramuscular stimulation and biofeedback;
(c) to use a deliberate, brief, fast thrust to move the joints of the spine beyond the normal range but within the anatomical range of motion, which generally results in an audible click or pop;
(d) to order a form of ionizing radiation in medical radiography, limited to x‑rays only;
(e) to order non‑ionizing radiation in
(i) magnetic resonance imaging, and
(ii) ultrasound imaging.
(2) A regulated member on the provisional register, in the practice of physiotherapy, may perform in accordance with standards of practice the restricted activities listed in section 52 only with the consent of and under the supervision of a regulated member on the general register or courtesy register.
(3) A regulated member on the general register who is learning to perform a restricted activity referred to in subsection (1) may perform in accordance with standards of practice one or more of the restricted activities under subsection (1) with the consent of and under the supervision of a regulated member on the general register or courtesy register who may perform the restricted activities under subsection (1).
Health Professions Restricted Activity Regulation sections 52, 53
Part 0.1 Health Services Restricted Activities
1.3(1) The following, carried out in relation to or as part of providing a health service, are restricted activities:
(a) to cut a body tissue, to administer anything by an invasive procedure on body tissue or to perform surgical or other invasive procedures on body tissue
(i) below the dermis or the mucous membrane or in or below the surface of the cornea;
(ii) in or below the surface of teeth, including scaling of teeth;
(b) to insert or remove instruments, devices, fingers or hands
(i) beyond the cartilaginous portion of the ear canal,
(ii) beyond the point in the nasal passages where they normally narrow,
(iii) beyond the pharynx,
(iv) beyond the opening of the urethra,
(v) beyond the labia majora,
(vi) beyond the anal verge, or
(vii) into an artificial opening into the body;
(c) to insert into the ear canal
(i) under pressure, liquid, air or gas;
(ii) a substance that subsequently solidifies;
(d) to set or reset a fracture of a bone;
(e) to reduce a dislocation of a joint except for a partial dislocation of the joints of the fingers and toes;
(f) to use a deliberate, brief, fast thrust to move the joints of the spine beyond the normal range but within the anatomical range of motion, which generally results in an audible click or pop;
(g) to prescribe a Schedule 1 drug within the meaning of the Pharmacy and Drug Act;
(h) to dispense, compound, provide for selling or sell a Schedule 1 drug or Schedule 2 drug within the meaning of the Pharmacy and Drug Act;
(i) to administer a vaccine or parenteral nutrition;
(j) to prescribe, compound or administer blood or blood products;
(k) to prescribe or administer diagnostic imaging contrast agents;
(l) to prescribe or administer anesthetic gases, including nitrous oxide, for the purposes of anesthesia or sedation;
(m) to prescribe or administer radiopharmaceuticals, radiolabelled substances, radioactive gases or radioaerosols;
(n) to order or apply any form of ionizing radiation in
(i) medical radiography,
(ii) nuclear medicine, or
(iii) radiation therapy;
(o) to order or apply non‑ionizing radiation in
(i) lithotripsy,
(ii) magnetic resonance imaging, or
(iii) ultrasound imaging, including any application of ultrasound to a fetus;
(p) to prescribe or fit
(i) an orthodontic or periodontal appliance,
(ii) a fixed or removable partial or complete denture, or
(iii) an implant supported prosthesis;
(q) to perform a psychosocial intervention with an expectation of treating a substantial disorder of thought, mood, perception, orientation or memory that grossly impairs
(i) judgment,
(ii) behaviour,
(iii) capacity to recognize reality, or
(iv) ability to meet the ordinary demands of life;
(r) to manage labour or deliver a baby;
(s) to prescribe or dispense corrective lenses.
(2) Despite subsection (1), the following are not restricted activities:
(a) activities of daily living, whether performed by the individual or by a surrogate on the individual’s behalf,
(b) giving information and providing advice with the intent of enhancing personal development, providing emotional support or promoting spiritual growth of individuals, couples, families and groups, and
(c) drawing venous blood.
Regulations
1.4 The Minister may make regulations authorizing a person or a category of persons other than a regulated member or category of regulated members to perform one or more restricted activities subject to any conditions included in the regulations.
Public health emergency
1.5 For the purposes of preventing, combating or alleviating a public health emergency as defined in the Public Health Act, the Minister may by order authorize a person or category of persons to perform one or more restricted activities subject to any terms or conditions the Minister may prescribe.
Offence
1.6(1) No person shall perform a restricted activity or a portion of it on or for another person unless
(a) the person performing it
(i) is a regulated member and is authorized to perform it by the regulations,
(ii) is authorized to perform it by a regulation under section 1.4,
(iii) is authorized to perform it by an order under section 1.5, or
(iv) is authorized to perform it by another enactment, or
(v) has the consent of, and is being supervised by, a regulated member described in clause (a)(i),
and
(b) there are standards of practice adopted by the council of the college of the regulated member respecting
(i) how a regulated member performs the restricted activity,
(ii) who may be permitted to perform the restricted activity under the supervision of a regulated member, and
(iii) how a regulated member must supervise persons who provide restricted activities under the regulated member’s supervision.
(2) Despite subsection (1), if no person who is authorized under subsection (1) is available to perform the restricted activity or a portion of it, a person may without expectation or hope of compensation or reward provide a restricted activity or a portion of it to provide physical comfort to or to stabilize another person who is ill, injured or unconscious as a result of an accident or other emergency.
(3) No person, other than a person authorized to perform a restricted activity under subsection (1)(a), shall or shall purport to consent to, provide supervision of and control of, another person performing the restricted activity or a portion of a restricted activity.
(4) No person shall require another person to perform a restricted activity or a portion of a restricted activity if that other person is not authorized in accordance with subsection (1) to perform it.
Penalty
1.7(1) A person who contravenes section 1.6 is guilty of an offence and liable
(a) for a first offence, to a fine of not more than $5000,
(b) for a 2nd offence, to a fine of not more than $10 000, and
(c) for a 3rd and every subsequent offence, to a fine of not more than $25 000 or to imprisonment for a term of not more than 6 months or to both fine and imprisonment.
(2) A prosecution for an offence under this Part may not be commenced more than 2 years after the date on which the alleged offence occurs.
Burden of proof
1.8 In a prosecution under this Part, the burden of proving that a person was authorized to perform a restricted activity by section 1.6(1) is on the accused.
Injunction
1.9 The Court of Queen’s Bench, on application by a person authorized by the Minister, may grant an injunction enjoining any person from doing any act that contravenes section 1.6 despite any penalty that may be provided by section 1.7 in respect of that contravention.
Health Professions Act, Part 0.1.
Related Items
Cancellation of practice permit
43(1) If a regulated member does not apply for a practice permit under section 38(1), is in default of payment of the practice permit fee or fails to pay a penalty, costs or any other fees, levies or assessments due under this Act or the bylaws, the registrar, after 30 days or a greater number of days, as set out in the notice, after giving notice to the regulated member, may cancel the regulated member’s practice permit and registration.
(2) The notice under subsection (1) must state that the registrar may cancel the practice permit and the registration of the regulated member unless a complete application for a practice permit is received, the practice permit fee is paid, and any other penalties, costs, fees, levies or assessments are paid, as indicated in the notice.
(3) If a practice permit and registration are cancelled under subsection (2) only because the practice permit fee or a penalty, cost, fee, levy or assessment is not paid, the registrar may, on its payment, issue or reissue the practice permit and reinstate the registration.
(4) If the registrar is satisfied that a regulated member does not comply with conditions imposed under section 40(2) within the time specified, the registrar may cancel the regulated member’s practice permit and registration or may refer the matter to the registration committee or competence committee as provided for in the bylaws and the registration committee or competence committee, on being satisfied that the conditions are not complied with, may direct the registrar to cancel the member’s practice permit and registration.
(5) The registrar may cancel the registration or practice permit of a regulated member and cancel the registration of an other member on the member’s request.
(6) The registrar may cancel the registration and practice permit of a regulated member on receipt of proof satisfactory to the registrar that the member is deceased.
Return of suspended or cancelled permit
44 If the practice permit of a regulated member is suspended or cancelled under this Part, suspended or cancelled under an order under Part 4 or suspended under Part 6, that regulated member must, on request, send the practice permit to the registrar.
Reinstatement
45(1) A regulated member whose practice permit and registration are cancelled under this Act, except under Part 4, may apply for the practice permit to be reissued and the registration to be reinstated in accordance with the bylaws.
(2) Subject to subsection (3) or (4), a person whose practice permit and registration are cancelled under Part 4 may apply for the practice permit to be reissued and the registration to be reinstated in accordance with the section 45.1.
(3) A person whose practice permit and registration are cancelled as a result of a decision of unprofessional conduct based in whole or in part
(a) on sexual abuse,
(a.1) on a conviction of the person under section 268 of the Criminal Code (Canada) in respect of wounding or maiming within the meaning of subsection 268(3) of the Criminal Code (Canada), or
(b) on a conviction of the person under section 151, 152, 153, 153.1, 155, 162, 162.1, 163.1, 171.1, 172.1, 172.2, 173, 271, 272, 273, 286.1, 286.2 or 286.3 of the Criminal Code (Canada),
may not apply for the practice permit to be reissued and the registration reinstated.
(4) Subject to subsection (3), a person whose practice permit and registration are cancelled as a result of a decision of unprofessional conduct based in whole or in part on sexual misconduct may not apply for the practice permit to be reissued and the registration to be reinstated until at least 5 years have elapsed from the date that the decision of unprofessional conduct was made by the hearing tribunal.
(5) A person whose practice permit and registration are cancelled under section 96.2(1)(a) or (2)(a) may not apply for the practice permit to be reissued and the registration to be reinstated.
(6) If a person’s application under subsection (4) is refused, the person must wait a minimum of 6 months before making a subsequent application to have the person’s practice permit reissued and registration reinstated.
45.1(1) A person whose practice permit and registration have been cancelled under Part 4 of this Act may, subject to section 45(3), apply in writing to the registrar to have the practice permit reissued and registration reinstated.
(2) An application under subsection (1)
(a) subject to section 45(4), must not be made earlier than 3 years after the date of the cancellation, and
(b) must not be made more frequently than once in each year after an application is refused under subsection (6)(a).
(3) An application under subsection (1) must provide evidence of the applicant’s qualifications for registration.
(4) An application under subsection (1) must be considered by the registrar, registration committee or competence committee in accordance with the process set out in sections 28 to 30.
(5) When reviewing an application under subsection (1), the registrar, registration committee or competence committee must consider
(a) the record of the hearing at which the applicant’s practice permit and registration were cancelled, and
(b) whether the applicant
(i) meets the current requirements for a practice permit and registration,
(ii) has met any conditions imposed under Part 4 of the Act before the applicant’s practice permit and registration were cancelled,
(iii) is fit to practise, and
(iv) does not pose a risk to public safety or to the integrity of the profession.
(6) The registrar, registration committee or competence committee may, on completing the review of the application in accordance with subsections (4) and (5), issue a written decision containing one or more of the following orders:
Health Professions Act, sections 43-45.1
Being suspended
117 A regulated member whose practice permit is suspended shall not provide professional services unless
(a) the college notifies the regulated member that the suspension is lifted, or
(b) the suspension has expired.
Health Professions Act, section 117.
Authorization to use titles, etc.
12(1) Regulated members registered on the general register or courtesy register may use the following titles and initials:
(a) physical therapist;
(b) physiotherapist;
(c) P.T.
(2) Regulated members registered on the provisional register may use the titles physical therapist intern and physiotherapist intern.
(3) A regulated member who has earned a doctorate degree in a physical therapy program approved by the Council or a doctorate degree in a related area approved by the Council may use the title doctor or the abbreviation Dr. in connection with the practice of physical therapy.
(4) A regulated member registered on the general register or courtesy register may use the title specialist if the regulated member
(a) meets the requirements established by the Council for the use of the title specialist, and
(b) is authorized by the Registrar to use that title.
Physical Therapists Profession Regulation, section 12.
