Practice of Audiology and Practice of Speech-Language Pathology Regulation

Practice of Audiology and Practice of Speech-Language Pathology Regulation, M.R. 191/2013 The Regulated Health Professions Act , C.C.S.M. c. R117 Regulation 191/2013 Registered December 16, 2013 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Designation 3 College 4 Scope of practice 5 Practice of audiology, speech-language pathology 6 Reserved acts 7 Transition 8 Coming into force Definitions 1(1) The following definitions apply in this regulation. "Act" means The Regulated Health Professions Act . («  Loi  ») "audiologist" means a person entered on the register of audiologists or associate audiologists. (« audiologiste ») "college" means the College of Audiologists and Speech-Language Pathologists of Manitoba. (« Ordre ») "competent" , in relation to the performance of a reserved act, means that the audiologist or speech-language pathologist, as the case may be, has the requisite knowledge, skill and judgment to perform that act. (« compétent ») "council" means the council of the college. (« conseil ») "speech-language pathologist" means a person entered on the register of speech-language pathologists or associate speech-language pathologists. (« orthophoniste ») 1(2) A reference to a reserved act in this regulation is a reference to the reserved act listed in section 4 of the Act. Designation 2(1) Audiology is designated as a regulated health profession for the purpose of the Act. 2(2) Speech-language pathology is designated as a regulated health profession for the purpose of the Act. College 3 The Manitoba Speech and Hearing Association, incorporated by a private Act of the Legislature, is continued under clause 8(b) of the Act as the College of Audiologists and Speech-Language Pathologists of Manitoba for the regulated health profession of audiology and the regulated health profession of speech-language pathology. Scope of practice 4(1) The scope of practice of audiology is (a) the assessment of auditory and vestibular functions; and (b) the treatment and prevention of auditory and vestibular dysfunctions; to develop, maintain, rehabilitate or augment auditory, vestibular and communicative functions and auditory and vestibular health. The scope of practice includes education, administration and research related to audiologists. 4(2) The scope of practice of speech-language pathology is (a) the assessment of speech and language functions, related communication disorders and swallowing functions; and (b) the treatment and prevention of speech and language dysfunctions and disorders, including vocal tract dysfunction and related swallowing dysfunctions and disorders; to develop, maintain, rehabilitate or augment oral motor, communicative functions, vocal tract dysfunction, or elective modification of communication behaviours, and to enhance communication. The scope of practice includes education, administration and research related to speech-language pathology. M.R. 175/2014 Practice of audiology, speech-language pathology 5(1) Subject to the Act and the regulations and any conditions on his or her certificate of registration or practice, an audiologist may engage in the practice of audiology. But in doing so, the audiologist may not act beyond the scope of practice of audiology. 5(2) Subject to the Act and the regulations and any conditions on his or her certificate of registration or practice, a speech-language pathologist may engage in the practice of speech-language pathology. But in doing so, the speech-language pathologist may not act beyond the scope of practice of speech-language pathology. Reserved acts 6(1) In the course of engaging in the practice of audiology, an audiologist is authorized — subject to the regulations made by the council and any conditions on his or her certificate of registration or practice — to perform the applicable reserved acts set out in Table 1 of the Schedule. 6(2) In the course of engaging in the practice of speech-language pathology, a speech-language pathologist is authorized — subject to the regulations made by the council and any conditions on his or her certificate of registration or practice — to perform the applicable reserved acts set out in Table 2 of the Schedule. 6(3) Despite subsections (1) and (2), an audiologist or speech-language pathologist may only perform a reserved act that he or she is competent to perform and that is safe and appropriate for the procedure being performed. Transition 7(1) The following definitions apply in this section. "complaints committee" means the complaints committee established by the board of the association under the former Act. (« Comité des plaintes ») "former Act" means The Manitoba Speech and Hearing Association Act , R.S.M. 1990, c. 101. (« loi antérieure ») "transition period" means the period during which the composition of the council or a committee changes from the composition set out under the former Act to the composition of the council or a committee constituted in accordance with section 13, 94 or 115 of The Regulated Health Professions Act, as the case may be. (« période de transition ») 7(2) On the day this regulation comes into force, the board of the association established under the former Act is deemed to be the council during the transition period. 7(3) On the day this regulation comes into force, a member of the board of the association established under the former Act is deemed to be a member of the council during the transition period. 7(4) On the day this regulation comes into force, an officer of the association established under the former Act is deemed to be an officer of the college until his or her term of office expires or appointment is revoked. 7(5) An application for registration made under the former Act but not concluded before the coming into force of this regulation must be dealt with under The Regulated Health Professions Act . 7(6) An individual who is registered under the former Act immediately before the coming into force of this regulation (other than a student registered under the former Act) is deemed to be registered in the appropriate membership class under The Regulated Health Professions Act . 7(7) An individual who is registered as a fully registered practicing member or provisional member under the former Act is deemed to hold a certificate of practice issued under The Regulated Health Professions Act , subject to any restrictions or conditions imposed or attached to the individual's registration or license to practice under the former Act, until the first renewal date after the coming into force of this regulation. 7(8) An individual who is registered as a fully registered practicing member, provisional member or non-practicing member under the former Act may use continuing education equivalent hours accumulated in the three-year period before this regulation comes into force to satisfy the continuing competency requirements under The Regulated Health Professions Act for the renewal of the individual's certificate of practice for up to three renewal applications submitted after the coming into force of this regulation. 7(9) If, on the day this regulation comes into force, the complaints committee has directed that an investigation be held, the matter must be concluded under the former Act as though The Regulated Health Professions Act had not come into force. 7(10) A matter about which the complaints committee has not directed an investigation be held before the coming into force of this regulation must be dealt with under The Regulated Health Professions Act . 7(11) On the day this regulation comes into force, a member of the complaints committee is deemed to be a member of the complaints investigation committee established under The Regulated Health Professions Act during the transition period. 7(12) On the day this regulation comes into force, a member of the inquiry committee established under the former Act is deemed to be a member of the inquiry committee established under The Regulated Health Professions Act during the transition period. Coming into force 8 This regulation comes into force on the same day that section 4 of The Regulated Health Professions Act , S.M. 2009, c. 15, comes into force. SCHEDULE (Section 6) TABLE 1 Reserved acts for the practice of audiology Description 1 Making a diagnosis of an auditory or vestibular dysfunction and communicating it to an individual or his or her personal representative in circumstances in which it is reasonably foreseeable that the individual or representative will rely on the diagnosis to make a decision about the individual's health care. 2 Receiving reports of screening or diagnostic tests that (a) are ordered by a health care professional (other than an audiologist); and (b) assist in the diagnosis and intervention plan to promote and maintain an individual's communicative, auditory or vestibular health care needs. 4(a) Inserting or removing an instrument, device or finger into the external ear canal, up to the eardrum, for the purpose of (a) introducing impression material to make an ear impression; (b) performing caloric testing during vestibular assessments; or (c) performing cerumen management. 5(d) Administering a substance into the external ear canal, up to the eardrum, by irrigation when (a) performing caloric testing during vestibular assessments; or (b) performing cerumen management. 13 Putting into the external ear canal, up to the eardrum, a substance that is under pressure or subsequently solidifies when (a) performing immittance testing; (b) introducing impression material while making impressions of the ear; or (c) performing cerumen management. 16 Prescribing, dispensing or fitting a wearable hearing instrument.