Occupational Therapists Regulation

Occupational Therapists Regulation, M.R. 174/2005 The Occupational Therapists Act , C.C.S.M. c. O5 Regulation 174/2005 Registered December 5, 2005 bilingual version (HTML) Table of Contents Section DEFINITIONS 1 Definitions REGISTERS 2 Additional registers 3 Additional information in occupational therapist register REGISTRATION AS AN OCCUPATIONAL THERAPIST 4 Eligibility for registration as an occupational therapist 5 Application for practising registration 6 Description of qualifications PROVISIONAL REGISTRATION 7 Provisional registration TEMPORARY PRACTICE IN MANITOBA 8 Application for temporary practice DISCLOSURE OF INFORMATION 9 Applicant to disclose information CONVERTING REGISTRATION 10 Conversion from provisional registration to active practice 11 Conversion from active practice to non-practising 12 Conversion from non-practising to active practice RENEWAL 13 Renewal 14 Renewal of practising registration 15 Changes in requirements do not affect right to renew CANCELLATION AND REINSTATEMENT 16 Cancellation for non-payment of fees 17 Reinstatement where cancelled for non-payment of fees LIABILITY PROTECTION 18 Liability protection REGULATION REVIEW 19 Review of regulation REPEAL AND COMING INTO FORCE 20 Repeal 21 Coming into force DEFINITIONS Definitions 1 The following definitions apply in this regulation. "Act" means The Occupational Therapists Act . («  Loi  ») "examination" means the examination administered by the Canadian Association of Occupational Therapists or an examination approved as equivalent by the council. (« examen ») "international candidate" means an applicant who has successfully completed an occupational therapy education program outside of Canada. (« candidat de l'étranger ») REGISTERS Additional registers 2 In addition to the register of occupational therapists referred to in section 7 of the Act, the registrar shall maintain the following registers: (a) a non-practising register; (b) a provisional register; (c) a temporary practice register. Additional information in occupational therapist register 3(1) For the purpose of clause 7(2)⁠(e) of the Act, the following additional information is to be kept in the register of occupational therapists for each member: (a) home address and telephone number; (b) date of birth; (c) registration number and date of registration; (d) an order made by a panel under section 42 of the Act. Information to be kept in other registers 3(2) The following information is to be kept in the registers required by section 2, for each member: (a) name, and if the member is employed, business address and business telephone number; (b) home address and telephone number; (c) date of birth; (d) registration number, and the date and type of registration; (e) the conditions imposed on a certificate of registration; (f) a notation of a cancellation, suspension or non-renewal of a certificate of registration; (g) the result of a disciplinary proceeding in which a panel has made a finding under section 41 of the Act; (h) an order made by a panel under section 42 of the Act. Public information 3(3) The information referred to in clauses (l)⁠(c) and (d), and subsection (2) other than clauses (2)⁠(b) and (c), is public information for the purpose of clause 7(3)⁠(d) of the Act. REGISTRATION AS AN OCCUPATIONAL THERAPIST Eligibility for registration as an occupational therapist 4(1) In addition to the requirements of section 9 of the Act, the requirements for registration as an occupational therapist are as follows: (a) the applicant must not suffer from a physical or mental condition or disorder, including an addiction to alcohol or drugs, that may impair his or her ability to practise in a safe and effective manner and that makes it desirable in the public interest that he or she not practise occupational therapy; (b) if the applicant's first language is not English or French, the applicant must be able to speak and write either English or French in accordance with the language fluency criteria established by the council; (c) the applicant has not been convicted of an offence that is relevant to his or her suitability to practise; (d) if the applicant was previously registered as an occupational therapist in another jurisdiction, he or she must provide a letter of standing or other proof of standing, satisfactory to the board of assessors, from each jurisdiction in which he or she was registered during the past five years. Exception 4(2) An applicant who has received occupational therapy education outside of Manitoba that does not meet the requirements of clause 9(1)⁠(a) of the Act and who is not registered in any Canadian jurisdiction or who cannot produce evidence of or information relating to his or her occupational therapy education satisfactory to the board of assessors, may be permitted to register if he or she (a) has undergone an assessment of his or her prior learning as may be required by the board of assessors; (b) if required, has successfully completed a course of instruction, a period of supervised practice or both, as set by the board of assessors; and (c) has satisfied all other requirements for registration. M.R. 48/2015 Application for practising registration 5(1) An applicant for registration on the register of occupational therapists must submit the following to the board of assessors: (a) a completed application form; (b) satisfactory proof of identity; (c) evidence that he or she meets the requirements of subsection 9(1) of the Act and section 4; (d) a completed criminal record search satisfactory to the board of assessors; (e) evidence that he or she intends to commence practice as an occupational therapist within three months after the date of application; (f) evidence of one of the following: (i) he or she has practised occupational therapy for the minimum number of hours set out in subsection (2), (ii) he or she holds a current practice certificate with another Canadian body or organization empowered to register or receive occupational therapists as members, (iii) he or she has met the requirements of clause 9(1)⁠(a) of the Act within the previous 12 months; (g) evidence that he or she meets the liability insurance requirements of section 18; (h) the fee provided for in the by-laws. Minimum number of practice hours 5(2) The minimum number of practice hours is 600 hours of practice in the immediately preceding three-year period. Application for non-practising registration 5(3) An applicant is eligible for registration on the non-practising register if he or she meets the criteria of (a) subsection 9(1) of the Act; (b) clause 4(1)⁠(c); and (c) if applicable, clauses 4(1)⁠(b) and (d); and does not intend to practise occupational therapy in the three-month period following the date of application. Subsection (1) applies, with the necessary changes, to an applicant for registration on the non-practising register. M.R. 48/2015 Use of title 6 Every member on the register of occupational therapists is entitled to use the abbreviation O.T. Reg. (MB) following his or her name or signature. PROVISIONAL REGISTRATION Provisional registration 7(1) An applicant may have his or her name entered on the provisional register (a) as an examination candidate; or (b) as a supervised practice candidate. Conditions or restrictions 7(2) The applicant must agree to practise in accordance with the conditions or restrictions specified on the provisional register. Eligibility for provisional registration: examination candidate 7(3) An applicant is eligible for provisional registration as an examination candidate if he or she (a) has successfully completed all academic and clinical course requirements to become eligible to take the examination; (b) intends to begin, (i) as a recent graduate, mentored practice before taking the examination or while awaiting the results of the examination, (ii) as a re-entry candidate who has not practised for the minimum number of hours as set out in subsection 5(2), mandatory supervised practice before taking the examination or while awaiting the results of the examination, (iii) as an international candidate who has practised for the minimum number of hours as set out in subsection 5(2), supervised practice before taking the examination or while awaiting the results of the examination, or (iv) having failed the examination, mandatory clinical practise hours under supervision; and (c) meets the requirements of subsection (5). Eligibility for provisional registration: supervised practice candidate 7(4) An applicant is eligible for provisional registration as a supervised practice candidate if he or she (a) intends to begin, (i) mentored practice while upgrading academic qualifications, (ii) mandatory supervised practice while achieving language fluency, or (iii) mandatory supervised practice to re-enter the profession; and (b) meets the requirements of subsection (5). Application for provisional registration 7(5) An applicant for provisional registration must submit the following to the board of assessors: (a) a completed application form; (b) evidence that he or she meets the eligibility requirements of clauses 4(1)⁠(a) and (c) and, if applicable, clauses 4(1)⁠(b) and (d); (c) a completed criminal record search satisfactory to the board of assessors; (d) evidence that he or she meets the liability insurance requirements of section 18; (e) the fee provided for in the by-laws. When examination candidate must take examination 7(6) Subject to subsection (7), an examination candidate (a) must take the examination at the first available opportunity after having his or her name entered on the provisional register as an examination candidate; and (b) may take the examination no more than three times within a two-year period following his or her name being entered on the provisional register as an examination candidate. Exception where extenuating circumstances 7(7) Where, in the opinion of council, there are extenuating circumstances, council may determine that subsection (6) is inapplicable to an examination candidate and may allow the examination candidate to take the examination at any time or times the council considers to be appropriate. Expiry of examination candidate provisional registration 7(8) When an examination candidate passes the examination, his or her registration expires 30 days after the college receives the examination results. Duration of provisional registration 7(9) Registration on the provisional register must be for a period of not more than two years, but may be extended on application in accordance with policies established by the council. TEMPORARY PRACTICE IN MANITOBA Application for temporary practice 8(1) An applicant qualified to practise occupational therapy in another jurisdiction who wishes to provide occupational therapy service to the public in Manitoba for a specific purpose and for a limited time period may apply for registration on the temporary practice register by (a) submitting a written application to the board of assessors in the form approved by the council, stating the specific purpose and the proposed length of time that he or she wishes to practise; (b) providing evidence satisfactory to the board of assessors that he or she is qualified to practise occupational therapy in the other jurisdiction including any conditions of practice; (c) satisfying the board of assessors that the applicant does not suffer from a physical or mental condition or disorder, including an addiction to alcohol or drugs, that may interfere with his or her ability to practise in a safe and effective manner and that makes it desirable in the public interest that he or she not practise occupational therapy; (d) providing an undertaking that the temporary practice will be conducted in accordance with the Act, regulations, by-laws and code of ethics; and (e) providing any other information that the board of assessors may require in the form and within the time set by the board of assessors. Registration on temporary practice register 8(2) On receiving an application under subsection (1), if the board of assessors is satisfied that it is in the public interest to allow the applicant to practise on a temporary basis, the board may enter the applicant's name on the temporary practice register. M.R. 48/2015 DISCLOSURE OF INFORMATION Applicant to disclose information 9 An applicant for registration under section 5 (practising registration) or section 7 (provisional registration) must disclose the following information about himself or herself and his or her practice of occupational therapy or of any other profession, whether in Manitoba or in another jurisdiction: (a) a finding by any professional regulatory body of professional misconduct, conduct unbecoming, incompetence, an incapacity or lack of fitness to practise, or any similar finding; (b) a proceeding by a professional regulatory body in relation to professional misconduct, conduct unbecoming, incompetence, an incapacity or lack of fitness to practise, or any similar proceeding; (c) a denial of registration by a professional regulatory body, including reasons for the denial; (d) a conviction for an offence under (i) the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada), or the Food and Drugs Act (Canada), or (ii) a criminal or penal statute of a jurisdiction outside Canada that is, or may be, relevant to his or her suitability to practise. CONVERTING REGISTRATION Conversion from provisional registration to active practice 10 A member is entitled to have his or her registration converted from the provisional register to the occupational therapist register if he or she (a) has satisfied any conditions or restrictions specified on the provisional register; (b) has passed the examination, if an examination candidate; (c) provides any information that the board of assessors may require, in the form and within the time set by the board; (d) pays the fee provided for in the by-laws; (e) provides evidence that he or she intends to commence practice as an occupational therapist within three months after the date of application; and (f) provides evidence that he or she meets the liability insurance requirements of section 18. Conversion from active practice to non-practising 11 An occupational therapist is entitled to have his or her registration converted from the occupational therapist register to the non-practising register by providing any information that the board of assessors may require, in the form and within the time set by the board, and paying the fee provided for in the by-laws. Conversion from non-practising to active practice 12(1) A member is entitled to have his or her registration converted from the non-practising register to the occupational therapist register if he or she (a) provides any information that the board of assessors may require, in the form and within the time set by the board; (b) pays the fee provided for in the by-laws; (c) provides evidence of having practised occupational therapy for the minimum number of hours as set out in subsection 5(2); (d) meets the criteria of clauses 4(1)⁠(a) and (c); (e) provides evidence that he or she intends to commence practice as an occupational therapist within three months after the date of application for conversion; (f) provides evidence that he or she meets the liability insurance requirements of section 18; and (g) if required to do so in accordance with policies established by the council, provides evidence that he or she is fit to engage in the safe practice of occupational therapy. Exception 12(2) If a member is unable to meet the requirement in clause (1)⁠(c), the registrar may convert his or her registration from the non-practising register to the provisional register subject to one or both of the following conditions: (a) the member practises under a specified period of supervision; (b) the member successfully completes a course of instruction, or passes an examination, or both. M.R. 48/2015 RENEWAL Renewal 13 Each member must renew registration with the college at such time or times as required by the college. Renewal of practising registration 14(1) An occupational therapist is entitled to have his or her registration renewed by (a) providing any information that the board of assessors may require in the form and within the time set by the board; (b) providing evidence that he or she has practised as an occupational therapist for the minimum number of hours as set out in subsection 5(2); (c) providing evidence that he or she meets the liability insurance requirements of section 18; (d) paying the fee provided for in the by-laws; and (e) declaring that he or she has not been convicted of an offence that is relevant to his or her suitability to practise within the current registration period. Requirements and conditions 14(2) If an applicant for renewal does not meet the requirements of clause (1)⁠(b), the board of assessors may (a) require the applicant to meet either one or both of the following: (i) the applicant must undergo a period of mentorship, (ii) the applicant must successfully complete any approved examinations, tests, assessment, training or education that the board of assessors considers necessary to establish that the member is fit to engage in the safe practice of occupational therapy; and (b) renew the applicant's registration subject to any conditions that the board of assessors considers advisable. Renewal of non-practising registration 14(3) Subsection (1), other than clauses (1)⁠(b) and (c), applies, with the necessary changes, to the renewal of a non-practising registration. Renewal of provisional registration 14(4) Subsection (1) applies, with the necessary changes, to the renewal of provisional registration. In addition, an applicant for renewal on the provisional register must provide evidence that he or she continues to be engaged in the type of practice approved by the board of assessors. Removal of terms and conditions 14(5) Where a member believes that he or she has satisfied any terms or conditions that have been placed on the member's registration, other than those imposed under Part 6 of the Act, and he or she wishes to have those terms or conditions varied or removed, the member may (a) provide any information that the board of assessors may require in the form and within the time set by the board; (b) pay the fee provided for in the by-laws; and (c) provide evidence in accordance with policies established by the council that he or she is fit to engage in the safe practice of occupational therapy with the term or condition varied or removed as requested by the applicant. If the board of assessors is satisfied that the criteria have been met, the board must approve the request. M.R. 48/2015 Changes in requirements do not affect right to renew 15 No change in the educational requirements for registration affects a person's eligibility to renew his or her registration or right to practise, if the person was registered with the college or was registered in another Canadian province or territory before the change was made. CANCELLATION AND REINSTATEMENT Cancellation for non-payment of fees 16(1) When a member is in default in the payment of his or her renewal fee, the registrar may send a letter, by registered mail or personal delivery, addressed to the member at his or her address on the records of the college, notifying the member of his or her default. If the default continues for a further 15 days after the date of the letter, the registration of that member is automatically cancelled. Cancellation for non-compliance with renewal requirements 16(2) When a member has failed to meet the requirements of clause 14(1)⁠(a), (b), (c) or (e) for a period of at least 14 days, the registrar must send a letter, by registered mail or personal delivery, addressed to the member at his or her address on the records of the college, notifying the member of his or her default. If the default continues for a further 15 days after the date of the letter, the registration of that member is automatically cancelled. Notice required 16(3) When a member's registration is cancelled under this section, the registrar must notify the member, by registered mail, addressed to the member at his or her address on the records of the college, and must send a copy of the notification, by registered mail, to the member's employer, if any, listed on the records of the college. Reinstatement where cancelled for non-payment of fees 17 Where his or her registration has been cancelled for non-payment of fees, an applicant who applies for reinstatement of registration is entitled to have his or her registration reinstated by (a) providing any information that the council may require, in the form and within the time set by the council; (b) paying the fee provided for in the by-laws; and (c) if the application is made more than one year after his or her registration was cancelled, and if required to do so in accordance with policies established by the council, providing evidence in accordance with those policies that he or she is fit to engage in the safe practice of occupational therapy. LIABILITY PROTECTION Liability protection 18 Every member who provides clinical services must obtain or be covered by, and maintain liability insurance coverage to a minimum of $5,000,000.00. REGULATION REVIEW Review of regulation 19 Not later than five years after the day this regulation comes into force, the council must (a) review the effectiveness of the operation of this regulation, and in so doing, consult with such persons affected by the regulation as the council considers appropriate; and (b) if it considers it advisable, amend or repeal this regulation. REPEAL AND COMING INTO FORCE Repeal 20 The Occupational Therapists Regulation , Manitoba Regulation 49/86, is repealed. Coming into force 21 This regulation comes into force on the same day The Occupational Therapists Act , S.M. 2002, c. 17, comes into force.