Medical Laboratory Technologists Regulation

Medical Laboratory Technologists Regulation, M.R. 179/2006 The Medical Laboratory Technologists Act , C.C.S.M. c. M100 Regulation 179/2006 Registered September 12, 2006 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Additional registers 3 Additional information in medical laboratory technologists register 4 Eligibility for registration as a medical laboratory technologist 5 Application for registration 6 Eligibility for conditional registration 7 Eligibility for registration as a student 8 Application for temporary practice 9 Applicant to disclose information 10 Conversion from conditional registration to active practice 11 Conversion from the medical laboratory technologists register to the inactive register 12 Conversion from inactive to active practice 13 Renewal 14 Renewal of practising registration 15 Changes in requirements do not affect right to renew 16 Cancellation for non-payment of fees 17 Reinstatement where registration cancelled for non-payment of fees 18 Liability protection 19 Continuing competence 20 Review of regulation 21 Coming into force DEFINITIONS Definitions 1 The following definitions apply in this regulation. "Act" means The Medical Laboratory Technologists Act . («  Loi  ») "examination" means the examination administered by the Canadian Society for Medical Laboratory Science or an examination approved as equivalent by the council. (« examen ») "international candidate" means an applicant who has successfully completed a medical laboratory technologist education program outside of Canada. (« candidat de l'étranger ») REGISTERS Additional registers 2 In addition to the registers of medical laboratory technologists and students referred to in section 7 of the Act, the registrar must maintain the following registers: (a) an inactive register; (b) a conditional register; (c) a temporary practice register. Additional information in medical laboratory technologists 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 medical laboratory technologists for each member: (a) name of employer and name of employer's laboratory director; (b) home address and telephone number; (c) date of birth; (d) registration number and date of registration; (e) 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 student register and 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)⁠(d) and (e) 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 A MEDICAL LABORATORY TECHNOLOGIST Eligibility for registration as a medical laboratory technologist 4(1) In addition to the requirements of subsection 9(1) of the Act, the requirements for registration as a medical laboratory technologist are as follows: (a) the applicant must have successfully passed the examination; (b) the applicant must not suffer from a physical or mental condition, disorder, or addiction to alcohol or drugs that makes it desirable in the public interest that he or she not practise medical laboratory technology; (c) 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 language fluency criteria established by the council; (d) the applicant must provide evidence that he or she intends to commence practice as a medical laboratory technologist within three months after the date of application; (e) the applicant has not been convicted of an offence that is relevant to his or her suitability to practise; (f) if the applicant was previously registered as a medical laboratory technologist in one or more other jurisdictions, he or she must provide proof of membership in good standing from all other jurisdictions in which he or she was registered during the past five years; (g) if applying before June 1, 2012, the applicant must provide evidence that he or she has fulfilled the academic requirement set out in clause 9(1)⁠(a) of the Act within the previous 18 months; (h) if applying on or after June 1, 2012, the applicant must provide evidence of one of the following: (i) he or she has fulfilled the academic requirement set out in clause 9(1)⁠(a) of the Act within the previous 18 months, (ii) he or she has practised medical laboratory technology for a minimum of 1,200 hours in the five-year period immediately preceding the year for which registration is sought. Applicant does not meet education requirements 4(2) For the period of one year after the Act comes into force, the board of assessors must approve an application for registration of an applicant who does not meet the requirements set out in clause 9(1)⁠(a) of the Act if, in addition to meeting all other requirements for registration, the applicant meets one of the following qualifications: (a) the applicant is employed as a medical laboratory technologist in a laboratory in Manitoba as of the date the Act comes into force; (b) the applicant was employed as a medical laboratory technologist in a laboratory in Manitoba for a period of at least 900 hours in the two years prior to the date the Act comes into force. Applicant cannot produce evidence of education 4(3) An applicant who cannot produce evidence of or information relating to his or her medical laboratory 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) has successfully completed (i) a course of instruction, (ii) a period of supervised practice, or (iii) a course of instruction and a period of supervised practice, as may be required and set by the board of assessors; and (c) has satisfied all other requirements for registration. Evidence of standing in another jurisdiction 4(4) Where an applicant cannot provide proof of membership in good standing as required by clause (1)⁠(f), the board of assessors may accept other evidence if it is satisfied that the applicant has standing in another jurisdiction. Where the board of assessors is satisfied that no other evidence of standing in the jurisdiction is reasonably available, it may waive the requirement. Application for registration 5(1) An applicant for registration as a medical laboratory technologist must submit the following to the board of assessors: (a) a completed application form; (b) satisfactory proof of identity and current legal name; (c) evidence that he or she meets the eligibility requirements of subsection 9(1) of the Act and section 4; (d) a completed disclosure form in respect of any conviction for an offence described in clause 9(e); (e) evidence that he or she meets the liability insurance requirements under section 18; (f) the fee provided for in the by-laws. Application for inactive registration 5(2) An applicant is eligible for registration on the inactive register if he or she meets the criteria of (a) subsection 9(1) of the Act; (b) clause 4(1)⁠(e); and (c) if applicable, clauses 4(1)⁠(c) and (f); and does not intend to practise medical laboratory technology in the three-month period following the date of application. Subsection (1) applies, with the necessary changes, to an applicant for registration on the inactive register. CONDITIONAL REGISTRATION Eligibility for conditional registration 6(1) An applicant is eligible for registration on the conditional register 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 an international candidate, supervised practice (A) under subclause 4(3)⁠(b)⁠(ii) or (iii), (B) before taking the examination, or (C) while awaiting the results of the examination, or (iii) as a re-entry candidate who applies on or after June 1, 2012 and who has not practised for a minimum of 1,200 hours in the immediately preceding five-year period, mandatory supervised practice acceptable to the board of assessors; (c) as a recent graduate under subclause (b)⁠(i) or an international candidate under subclause (b)⁠(ii) who has failed the examination, intends to begin mandatory clinical practice hours under supervision; (d) as a re-entry candidate under subclause (b)⁠(iii), provides evidence satisfactory to the board of assessors of the number of hours practised in the five-year period immediately preceding the year for which registration is sought; (e) provides evidence that he or she meets the liability insurance requirements under section 18; (f) having a first language that is neither English nor French, is able to speak and write either English or French in accordance with the language fluency criteria established by the council; and (g) when required by the board of assessors, provides evidence of registration or membership in good standing with a body or organization empowered in a jurisdiction outside Manitoba to register or receive medical laboratory technologists as members, and the board of assessors is satisfied that the academic standards fixed by that body or organization for the registration or admission of members are substantially the same as those required by the council. Application for conditional registration 6(2) An applicant for conditional 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 subsection (1) and clauses 4(1)⁠(b) and (e); (c) a completed disclosure form in respect of any conviction for an offence described in clause 9(e); (d) evidence that he or she meets the liability insurance requirements under section 18; (e) the fee provided for in the by-laws. REGISTRATION AS A STUDENT MEDICAL LABORATORY TECHNOLOGIST Eligibility for registration as a student 7 The registrar must approve an application for registration as a student if the applicant meets the requirements of clauses 13(1)⁠(a) and (b) of the Act, and clause 4(1)⁠(e). TEMPORARY PRACTICE IN MANITOBA Application for temporary practice 8(1) An applicant qualified to practise medical laboratory technology in another jurisdiction who wishes to provide medical laboratory technology 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, 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 medical laboratory technology in the other jurisdiction and has a level of competence appropriate to the specific purpose; and (c) providing any additional information that the board of assessors may require in the form and within the time set by the board. 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. DISCLOSURE OF INFORMATION Applicant to disclose information 9 An applicant for registration or renewal on any register must disclose the following information about himself or herself and his or her practice of medical laboratory technology or of any other health 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 current 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 current proceeding; (c) a denial of registration by a professional regulatory body, including reasons for the denial; (d) termination of employment relating to incompetence, an incapacity or lack of fitness to practise, or any similar reason; (e) 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 conditional registration to active practice 10 A medical laboratory technologist is entitled to have his or her registration converted from the conditional register to the register of medical laboratory technologists if he or she (a) has passed the examination; (b) provides any information that the board of assessors may require in the form and within the time set by the board; and (c) pays the fees provided for in the by-laws. Conversion from the medical laboratory technologists register to the inactive register 11 A medical laboratory technologist is entitled to have his or her registration converted from the medical laboratory technologist register to the inactive 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 inactive to active practice 12 A member is entitled to have his or her registration converted from the inactive register to the medical laboratory technologist 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) meets the criteria of clauses 4(1)⁠(b) and (d); (d) provides evidence that he or she meets the liability insurance requirements under section 18; (e) if applying on or after June 1, 2012, provides evidence of having practised medical laboratory technology for a minimum of 1,200 hours in the five-year period immediately preceding the year for which registration is sought; and (f) 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 medical laboratory technology. 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) A medical laboratory technologist is entitled to have his or her registration renewed 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) provides evidence of continuing competency for renewal of registration in accordance with the requirements under section 19; (c) provides evidence that he or she meets the liability insurance requirements under section 18; (d) pays the fee provided for in the by-laws; and (e) declares that he or she has not been convicted of an offence described in clause 9(e), within the current registration period. Renewal subject to terms and conditions 14(2) If an applicant for renewal does not meet the requirements of clause (l)⁠(b), the board of assessors may renew the registration, subject to terms and conditions, for up to one year. Renewal of inactive registration 14(3) Subsection (1), other than clauses (1)⁠(b) and (c), applies, with the necessary changes, to the renewal of an inactive registration. Renewal of student registration 14(4) Subsection (1), other than clauses 1(b) and (c), applies, with the necessary changes to the renewal of a student registration. In addition, an applicant for renewal on the student register must provide evidence that he or she continues to be engaged in a medical laboratory education program approved by the council. 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 5 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 medical laboratory technology 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. 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 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 to be automatically cancelled. Notice required 16(2) When a member's registration is cancelled under subsection (1), 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 registration cancelled for non-payment of fees 17 An applicant who applies for reinstatement of registration under section 49 of the Act, where his or her registration has been cancelled for non-payment of fees, is entitled to have his or her registration reinstated (a) by providing any information that the council may require in the form and within the time set by the council; (b) by paying the fee plus any late-payment fees 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, by providing evidence in accordance with policies established by the council that he or she is fit to engage in the safe practice of medical laboratory technology. 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 $2,000,000. CONTINUING COMPETENCE Continuing competence 19(1) To satisfy the requirement of continuing competence for renewal of registration on the register of medical laboratory technologists, beginning on June 1, 2012, (a) a member must (i) have practised as a medical laboratory technologist for a minimum of 1,200 hours in the five-year period immediately before the registration year for which renewal is sought, and (ii) have successfully completed, in the registration year immediately preceding the registration year for which renewal is sought, the following activities as may be required by policies established by the council: (A) a process of self-assessment, (B) the creation and maintenance of a professional portfolio, (C) any other activity approved by the council; or (b) within the 12-month period immediately before the registration year for which renewal is sought, a member must (i) have successfully completed a medical laboratory technology education program or a course of instruction approved in accordance with criteria established by the council, or (ii) have passed the examination. Failure to comply with subsection (1) 19(2) A practising member who fails to comply with subsection (1) is required to successfully complete 500 hours of supervised practice of medical laboratory technology or a refresher course approved by the council. REGULATION REVIEW Review of regulation 20 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. COMING INTO FORCE Coming into force 21 This regulation comes into force on the same day that section 7 of The Medical Laboratory Technologists Act , S.M. 2002, c. 12, comes into force.