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BILL NO. 80
1st Session, 57th General Assembly
Nova Scotia
47 Elizabeth =
II, 1998=20
Physiotherapy Act
CHAPTER 22 OF THE ACTS OF 1998=20The Honourable James A. Smith, M.D.
Minister of Health
Second Reading: November 20, 1998=20
Royal Assent: December 3, 1998=20
Be it enacted by the Governor and Assembly as follows:
1 This Act may be cited as the Physiotherapy Act.
2 In this Act,=20
(a) "Board" means the Board of the College;
(b) "College" means the Nova Scotia College of Physiotherapists;
(c) "committee" includes a committee of the Board, an investigation =
committee=20
or a hearing committee as the context requires;
(d) "complaint" means any complaint, report or allegation in writing =
and=20
signed by a person regarding the conduct, actions, competence, =
character,=20
fitness, health or ability of a member, former member, professional =
corporation=20
or the employees thereof, or any similar complaint, report or allegation =
initiated by the Registrar or referred pursuant to subsection 46(7);
(e) "court" means the Supreme Court of Nova Scotia;
(f) "Credentials Committee" means the committee appointed by the =
Board that=20
deals with the registration and licensing of members and applicants for=20
registration and such other matters as provided by the regulations;
(g) "disciplinary committee" means an investigation committee or a =
hearing=20
committee;
(h) "disciplinary matter" means any matter involving an allegation of =
professional misconduct, conduct unbecoming a physiotherapist or =
professional=20
incompetence including incompetence arising out of physical or mental=20
incapacity;
(i) "former Act" means Chapter 344 of the Revised Statutes, 1989;
(j) "hearing committee" means a hearing committee appointed pursuant =
to this=20
Act;
(k) "investigation committee" means an investigation committee =
appointed=20
pursuant to this Act;
(l) "licence" means a valid and subsisting licence issued pursuant to =
this=20
Act;
(m) "mediation" means any form of alternative dispute resolution;
(n) "member" means a person who is registered in the Register and =
holds a=20
licence;
(o) "Peer Assessment Committee" means a committee appointed by the =
Board that=20
deals with peer assessment;
(p) "permit" means a permit issued to a professional corporation =
pursuant to=20
this Act;
(q) "physiotherapist" or "physical therapist" means a person who is =
licensed=20
to practise physiotherapy pursuant to this Act;
(r) "physiotherapy" or "physical therapy" means the application of=20
professional physiotherapy knowledge, skills and judgement by a =
physiotherapist=20
to obtain, regain or maintain optimal health and functional performance =
and=20
includes, but is not limited to,
(ii) development, progression, implementation and evaluation of =
therapeutic=20
exercise programs,
(iii) education of clients, caregivers, students and other health =
service=20
providers,
(iv) manual therapy treatment techniques including, but not limited =
to,=20
massage, proprioceptive neuromuscular facilitation and muscle energy=20
techniques,
(v) spinal and peripheral joint manipulation,
(vi) spinal and peripheral joint mobilization,
(vii) pain relief, including invasive acupuncture,
(viii) administration of physical therapy related medications as =
prescribed=20
by a physician,
(ix) prescription, manufacture, modification and application of =
braces,=20
splints, taping, mobility aids or seating equipment,
(x) hydrotherapy, electrotherapy and the use of mechanical, radiant =
or=20
thermal energy,
(xi) ergonomic evaluation, modification, education and counselling,
(xii) tracheal suctioning, and
(xiii) such other aspects of physiotherapy as may be prescribed in=20
regulations approved by the Governor in Council;
(t) "prescribed" means prescribed by regulations;
(u) "Register" means the Register of the College kept pursuant to =
this Act;
(v) "registered" means registered pursuant to this Act;
(w) "Registrar" means the person holding the office of Registrar =
pursuant to=20
this Act;
(x) "spouse" means=20
(ii) a man and a woman who, not being married to each other, live =
together=20
as husband and wife and have so lived for at least one year, or
(iii) as otherwise defined by the regulations.
4 (1) The Nova Scotia College of Physiotherapists constituted =
by the=20
former Act is hereby continued as a body corporate and is composed of =
its=20
members.
(2) The College has perpetual succession and a common seal, =
with power=20
to acquire, hold, lease, mortgage and otherwise dispose of real and =
personal=20
property, and may sue and be sued.
(3) In order that the public interest may be served and =
protected, the=20
objects of the College are to
(a) regulate the practice of physiotherapy and govern its members in=20
accordance with this Act and the regulations;
(b) establish, maintain and develop standards of knowledge and skill =
among=20
its members;
(c) establish, maintain and develop standards of qualification and =
practice=20
for the practice of physiotherapy;
(d) establish, maintain and develop standards of professional ethics =
among=20
its members; and
(e) administer this Act and perform such other duties and exercise =
such other=20
powers as are imposed or conferred on the College by or under any Act.
(4) In addition to any other power conferred by this or any =
other Act,=20
the College may do such things as it considers appropriate to advance =
the=20
objects of the College and, without limiting the generality of the =
foregoing,=20
may
(a) purchase, take in, lease, exchange, hire, construct and otherwise =
acquire=20
and hold, sell, mortgage, hypothecate, lease out or otherwise deal with =
any real=20
or personal property;
(b) draw, make, accept, endorse, discount, execute and issue =
promissory=20
notes, bills of exchange, warrants and other negotiable and transferable =
instruments;
(c) engage such agents and employees as it, from time to time, deems=20
expedient;
(d) expend the moneys of the College in the advancement of its =
objects and=20
the interests of the profession of physiotherapy in such manner as it =
deems=20
expedient;
(e) establish and maintain such offices and agencies as it deems =
expedient;
(f) invest and deal with any moneys and funds of the College that are =
not=20
immediately required, in such manner as it deems expedient;
(g) improve, manage, develop, exchange, dispose of, turn to account =
or=20
otherwise deal with the real or personal property of the College;
(h) borrow money for the use of the College on its credit, limit or =
increase=20
the amount to be borrowed, issue bonds, debentures, debenture stock and =
other=20
securities on the credit of the College and pledge or sell such =
securities for=20
such sums or at such prices as may be deemed expedient;
(i) do such things as are incidental or necessary to the exercise of =
the=20
powers referred to in clauses (a) to (h).
5 (1) There shall be an annual meeting of the College at such =
time and=20
place as prescribed.
(2) An annual report shall be distributed at or before the =
annual=20
meeting for review by the membership, and shall include a report by an =
auditor.
(3) Auditors shall be recommended by the Board but shall be =
subject to=20
the approval of the College at the annual meeting.
6 (1) There shall be a Board of the College to be constituted =
as=20
provided in Section 7.
(2) The Board shall, subject to this Act, govern, control and=20
administer the affairs of the College and, without limiting the =
generality of=20
the foregoing, may make regulations
(a) providing for the management of the College, including the =
keeping of the=20
registers to be kept pursuant to this Act;
(b) providing for the holding of meetings of the College or the =
Board, quorum=20
requirements and the conduct of such meetings;
(c) fixing the time and place for regular meetings of the Board, =
determining=20
by whom meetings may be called, regulating the conduct of meetings, =
providing=20
for emergency meetings and regulating the notice required in respect of=20
meetings;
(d) providing for the appointment of such committees as the Board =
deems=20
expedient;
(e) respecting the composition, powers and duties of such committees =
as may=20
be appointed by the Board, and providing for the holding and conduct of =
meetings=20
of such committees;
(f) respecting the powers, duties and qualifications of the Registrar =
and the=20
officers, agents and employees of the College;
(g) prescribing fees payable pursuant to this Act by applicants and =
members=20
and, where the Board deems advisable, designating different classes of=20
applicants and members and prescribing different fees for different =
classes;
(h) prescribing the fees and allowances of members of the Board and=20
committees and providing for the payment of necessary expenses of the =
Board and=20
committees;
(i) respecting the recognition of schools and examinations as =
prerequisites=20
to registration and licensing;
(j) respecting the educational qualifications of applicants for =
registration=20
as members;
(k) prescribing the seal of the College;
(l) providing for the execution of documents by the College;
(m) prescribing examinations to be written by applicants for =
registration;
(n) respecting residential qualifications of applicants for =
registration as=20
members and associate members;
(o) prescribing forms and providing for their use;
(p) providing procedures not inconsistent with this Act for the =
making,=20
amending and revoking of regulations;
(q) respecting the information to be included in the Register;
(r) prescribing a code of ethics, subject to approval by the College =
at an=20
annual or special meeting;
(s) governing elections of members of the Board.
(3) The Board may, with the approval of the Governor in =
Council, make=20
regulations
(a) respecting the registration and licensing of members;
(b) respecting continuing-competency requirements, including=20
continuing-education requirements or practice-hour requirements of =
members for=20
registration;
(c) respecting the limiting or qualifying of a member's licence =
including,=20
but not limited to, procedures and interventions;
(d) respecting the evaluation of, and licensing requirements of, =
members and=20
applicants for registration who have not practised physiotherapy for at =
least=20
one year;
(e) respecting a peer-assessment program in accordance with this Act =
and=20
programs of continuing education, including requiring members to =
participate in=20
any such programs and providing for any other matter that will =
facilitate or=20
give effect to such programs;
(f) respecting supervised practice, monitoring supervised practice =
and the=20
delegation of acts of physiotherapy and any other ancillary matters, and =
providing for the establishment of a committee or committees to deal =
with such=20
matters;
(g) respecting the disciplining of members and the revocation or =
suspension=20
of licences issued pursuant to this Act;
(h) respecting the reporting and publication of decisions in =
disciplinary=20
matters;
(i) regulating, controlling and prohibiting the use of terms, titles =
or=20
designations by members or groups or associations of members in respect =
of their=20
practice;
(j) prescribing the records and accounts to be kept by members and=20
professional corporations with respect to their practice, and providing =
for the=20
production, inspection and examination of such records and accounts;
(k) providing that the licence of a member be suspended without =
notice or=20
investigation upon contravention of any regulation that requires the =
member to=20
pay a fee, file a document or do any other act by a specified or =
ascertainable=20
date, and providing for the re-instatement of a licence so suspended;
(l) notwithstanding subsection 7(1), changing the number and =
characteristics=20
of appointments to the Board;
(m) determining the procedure to be followed at hearings by a =
disciplinary=20
committee;
(n) prescribing the type of professional liability insurance or other =
form of=20
malpractice coverage a member shall hold;
(o) respecting supervised practice and the delegation of =
physiotherapeutic=20
acts and any other ancillary matters;
(p) prescribing the manner of proof as to matters required to be =
proven by=20
applicants for permits;
(q) fixing reasonable fees payable for the issuance and renewal of =
permits;
(r) providing that the permit of a professional corporation is =
suspended=20
without notice or investigation upon contravention of any regulation =
that=20
requires the corporation to pay a fee or assessment, file a document or =
do any=20
other act by a specified or ascertainable date, and providing for the=20
re-instatement of a permit so suspended;
(s) prescribing the grounds upon which the Board may review a =
decision of the=20
Registrar pursuant to subsection 78(7) and the procedures to be =
followed=20
in reviewing any such decision;
(t) providing for the re-instatement or re-issuance of any permit =
suspended=20
or revoked pursuant to this Act and prescribing the terms and conditions =
upon=20
which re-instatement or re-issuance of a permit may be granted;
(u) providing for the creation and maintenance of a register of =
professional=20
corporations;
(v) providing for the filing of periodic returns by professional=20
corporations;
(w) providing for the annual renewal of permits and prescribing the =
terms and=20
conditions upon which renewals may be granted;
(x) prescribing the types of names and business names by which
(ii) a professional corporation,
(iii) a partnership with one or more physiotherapists,
(iv) a partnership of two or more professional corporations, or
(v) a partnership of one or more professional corporations and one =
or more=20
individual physiotherapists,
(y) prescribing the nature of communications with the public, =
including=20
advertising, that may be undertaken by a member as a sole proprietor, a=20
partnership or a professional corporation;
(z) prescribing access to the minute book records of a professional=20
corporation by the Registrar;
(aa) defining any word or expression used but not defined in this Act =
;
(ab) further defining any word or expression defined in this Act;
(ac) respecting and governing such other subjects, matters and things =
as may=20
be required to give effect to the objects of the College and this Act.
(4) All regulations of the College shall be available for =
inspection=20
by any person, free of charge, at the head office of the College at all=20
reasonable times during business hours.
(5) A certificate purporting to be signed by the Registrar =
stating=20
that a certain regulation of the College was, on a specified day or =
during a=20
specified period, a duly enacted regulation of the College in full force =
and=20
effect constitutes prima facie evidence in any court of that fact =
without=20
proof that the person who signed it is the Registrar or that it is the=20
Registrars signature.
(6) A resolution in writing, or counterparts of a resolution, =
signed=20
by two thirds of all members entitled to vote thereon at a meeting of =
the=20
College is as valid and effective as if duly passed at a meeting of the =
members=20
of the College.
(7) A member of the Board, or of a committee of the Board or =
of the=20
College, may participate in any meeting of the Board or committee of the =
Board=20
or of the College, with the exception of the hearing committee when it =
is=20
conducting a hearing, as the case may be, by telephone or other =
communications=20
facilities that permit all persons participating in a meeting to =
communicate=20
with each other, and a member participating in a meeting by such means =
is deemed=20
to be present at the meeting.
(8) A meeting of the Board, or of a committee of the Board, =
with the=20
exception of the hearing committee when it is conducting a hearing, or =
of the=20
College, may be held by conference telephone call or other =
communications=20
facilities that permit all persons participating in the meeting to =
communicate=20
with each other, and all members participating in the meeting by such =
means are=20
deemed to have been present at the meeting.
(9) Where ten per cent of the membership of the College =
request in=20
writing, whether by petition or otherwise, that a special general =
meeting be=20
held, the Board shall hold such meeting within fifteen working days of=20
determining that ten per cent of the members have requested such a =
meeting.
7 (1) The Board consists of
(a) eight members of the College elected in the manner provided by =
this Act;=20
and
(b) two persons appointed by the Governor in Council, both of whom =
are=20
persons who
(ii) have shown an interest in serving on the Board.
(3) Notwithstanding subsection (2), the terms of office of =
members of=20
the Board upon the first election or appointment of members of the Board =
shall=20
be
(a) three members of the College elected for a term of one year;
(b) five members of the College elected for a term of two years; and
(c) two persons appointed by the Governor in Council, one for a term =
of one=20
year and one for a term of two years.
(4) Notwithstanding subsections (2) and (3), persons appointed =
by the=20
Governor in Council hold office until such time as they are =
re-appointed, or=20
until their successors are appointed, even if such appointment or =
re-appointment=20
does not occur until after their specified term of office has expired.
(5) Notwithstanding subsection (1), the persons who, at the =
coming=20
into force of this Act, make up the Board of the Nova Scotia College of=20
Physiotherapists pursuant to the former Act constitute the Board until =
the=20
election or appointment of members pursuant to subsection (3).
(6) Elections required by this Section shall be held no later =
than six=20
months after the coming into force of this Act.
(7) Only members of the College who practise physiotherapy in =
the=20
Province are eligible to vote in an election of the Board.
8 (1) Every member in good standing is eligible to be =
nominated as and=20
vote for a candidate for membership on the Board.
(2) Elected or appointed members of the Board shall not be =
members of=20
the Board for more than three consecutive terms.
(3) In this Section, "consecutive" means that twelve months or =
less=20
occurred between the end of one term and the commencement of the next.
9 The Board may make regulations governing elections of =
members of the=20
Board and in those regulations may
(a) provide for the procedure for the nomination of candidates;
(b) provide for the appointment or designation of presiding officers =
for the=20
election;
(c) prescribe the forms to be used;
(d) prescribe the procedure to be used for the holding of the =
elections and=20
for determining the persons elected as members of the Board.
10 Members of the Board shall be elected by secret ballot.
11 The ballots used at an election shall not be destroyed =
until all=20
petitions pursuant to Section 12 in respect of the election have been =
decided=20
and, until that time, the ballots shall be retained by the Registrar =
together=20
with all other papers in connection with the election.
12 (1) A person may petition the Board against the election of =
a=20
person to the Board by filing a petition with the Registrar within =
fifteen days=20
after the election.
(2) The petitioner shall state in the petition the grounds on =
which=20
the election is disputed.
(3) The petitioner shall serve a copy of the petition upon the =
person=20
whose election is disputed.
(4) Where a petition is filed with the Registrar pursuant to=20
subsection (1), the Board shall hold an inquiry and where
(a) the election is found to be illegal; or
(b) the person is found not to be eligible to be nominated as a =
candidate for=20
membership on the Board,
shall order that a new election be held.
13 (1) The Registrar
(a) in case of failure in an election to elect the required number of =
duly=20
qualified members of the Board; or
(b) in case of a vacancy occurring from the death or resignation of a =
member=20
of the Board or from any other cause,
shall cause an election to be held within sixty days for the purpose =
of=20
filling the vacancy.
(2) Notwithstanding subsection (1), where a vacancy occurs for =
any=20
reason within six months before the date of an election of members of =
the Board,=20
the vacancy shall be filled at such election.
(3) Where an election is held pursuant to subsection (1) to =
fill a=20
vacant Board position, the term of office for the vacant Board position =
shall be=20
the remainder of the unexpired term of such position.
14 An elected member of the Board ceases to hold office where
(a) the member resigns by notice in writing delivered to the =
Registrar;
(b) the member ceases to be a member in good standing of the College, =
as=20
defined in the regulations; or
(c) the member is absent from three consecutive meetings of the =
Board, unless=20
excused by the Board.
15 (1) The Board shall elect annually from its members a =
Chair, a=20
Vice-chair, a Secretary and a Treasurer who constitute the Executive =
Committee.
(2) The Executive Committee
(a) may exercise all of the powers; and
(b) shall perform all the duties,
of the Board with respect to any matters that the Board may delegate =
to it or=20
that, in the opinion of the Executive Committee, require immediate =
attention.
(3) The Board shall appoint a Registrar, who must be a =
physiotherapist=20
as defined by the regulations for the purpose of this subsection and who =
shall=20
hold office during the pleasure of the Board, at such salary or other=20
remuneration as the Board determines.
(4) The Board may appoint an Acting Registrar who shall =
exercise the=20
powers and duties of the Registrar in the event of the death or =
incapacity of=20
the Registrar or the Registrars absence from the Province.
(5) The Board may appoint such other officers, agents or =
employees at=20
such salary or other remuneration, and for such term of office, as the =
Board=20
considers necessary to assist it in carrying out its duties pursuant to =
this=20
Act.
(6) The Board shall meet at least three times in each calendar =
year.
16 The Board may appoint annually such committees from among =
members=20
of the Board or the College as the Board considers necessary to assist =
it in=20
carrying out its duties pursuant to this Act.
17 (1) Subject to subsection (2), the Chair shall preside at =
all=20
meetings of the Board and of the College.
(2) Where the Chair is absent from a meeting, the Vice-chair =
or, in=20
the Vice-chairs absence, some other member chosen by the members present =
shall=20
preside at the meeting.
(3) Except in the event of an equal number of votes being =
given for=20
and against a resolution at any meeting, the Chair or other presiding =
officer=20
shall not vote.
COLLEGE OF PHYSIOTHERAPISTS
18 (1) The Board shall keep a Register in which shall be =
entered the=20
name, address and qualifications of all persons who are entitled =
pursuant to=20
this Act to be registered in the Register.
(2) The name, address and qualifications of every person who, =
at the=20
coming into force of this Act, is registered pursuant to the former Act, =
shall=20
be entered in the Register, but shall continue under any stipulations or =
limitations attached to the persons previous registration.
(3) The Registrar shall issue a licence to every person who, =
at the=20
coming into force of this Act, is registered pursuant to Section 5 of =
the former=20
Act.
(4) Every licence issued pursuant to subsection (3) is subject =
to any=20
conditions or limitations attached to the registration pursuant to the =
former=20
Act.
19 (1) The Board shall direct the Registrar to enter in the =
Register=20
the name, address and qualifications of any person who
(a) has successfully completed the certification exam if prescribed =
by the=20
regulations;
(b) has successfully completed a physiotherapy program prescribed by =
the=20
regulations;
(c) satisfies the Board that the person possesses the qualifications =
required=20
in the regulations for registration in the Register;
(d) complies with this Act and the regulations and any conditions =
imposed by=20
the Registrar and the Board; and=20
(e) complies with Section 25.
(2) Upon receiving a direction from the Board pursuant to =
subsection=20
(1), the Registrar shall
(a) enter the name, address and qualifications of the person named in =
the=20
direction in the Register; and
(b) issue a licence to the person.
20 (1) Notwithstanding anything contained in this Act, where a =
person=20
applies to be registered pursuant to this Act and the Registrar is =
satisfied=20
that the person
(a) meets
(ii) the requirements of Section 25; and
the Registrar may, before the matter is brought to the Credentials =
Committee=20
for its direction,
(c) enter the name, address and qualifications of the person in the =
relevant=20
register; and
(d) issue a licence to the person, subject to such terms and =
conditions as=20
may be prescribed by the regulations, including the maximum period of =
validity=20
of the registration and the licence.
(2) Every registration made and every licence issued pursuant =
to this=20
Section is valid and remains in full force and effect until ratified, =
varied or=20
vacated by the Credentials Committee at a meeting requested by such =
person or=20
the Registrar, or held at the instigation of the Credentials Committee =
itself.
(3) Subject to subsection (7), where the registration or =
licence of a=20
person is varied or vacated pursuant to subsection (2), the Registrar =
shall give=20
notice to such person forthwith in accordance with Section 69, and the=20
registration or licence of that person is deemed to be varied or vacated =
as of=20
the date on which service was made or deemed to have been made on the =
person.
(4) Where the registration or licence of a person is varied or =
vacated=20
pursuant to subsection (2), the person may request the opportunity to =
appear=20
before the next scheduled meeting of the Board, with or without legal =
counsel,=20
where the Board shall consider the application in accordance with this =
Act.
(5) No member of the Board who considered the application =
pursuant to=20
subsection (2) shall participate in the Boards consideration of the =
application.
(6) After hearing the applicant and the Registrar, the Board =
may
(a) direct the Registrar to issue to the applicant a licence or =
specialists=20
licence;
(b) direct the Registrar to issue to the applicant a licence or =
specialists=20
licence subject to such conditions, limitations or restrictions as the =
Board=20
considers appropriate;
(c) adjourn further consideration of the application pending =
completion by=20
the applicant of such training, upgrading, clinical examinations or =
other=20
examinations as the Board may designate; or
(d) direct the Registrar to refuse the application where the Board is =
not=20
satisfied that the applicant meets the criteria set out in subsection =
(1).
(7) Where a hearing is requested pursuant to subsection (4), =
the=20
registration or licence of the person requesting the hearing shall not =
be varied=20
or vacated until the Board has completed its consideration of the =
application.
21 (1) Where the Registrar is not satisfied with the evidence=20
presented by a person applying for registration, the Registrar
(a) may; or
(b) where the applicant so requests in writing, shall,
refer the matter to the Credentials Committee.
(2) Upon a referral pursuant to subsection (1), the =
Credentials=20
Committee, in consultation with the Registrar, shall consider the =
eligibility of=20
the application and may make such inquiries or demand such further =
information=20
as the Committee sees fit, and the Committee shall consider the =
application in=20
accordance with this Act.
(3) Where the person requests the opportunity to appear before =
the=20
Credentials Committee, this request shall be granted and the person may =
appear=20
with legal counsel.
22 (1) The Board may keep a register, called the Defined =
Register, in=20
which shall be entered the name, address, qualifications and terms and=20
conditions of registration of all persons who may be entitled pursuant =
to this=20
Act and the regulations to be registered in the register.
(2) The Board may make regulations, which shall take effect =
upon=20
approval by a general meeting of the College and by the Governor in =
Council,
(a) governing the persons or classes of persons who may be registered =
in the=20
Defined Register;
(b) dividing the Defined Register into parts representing the classes =
of=20
persons who may be registered;
(c) prescribing the qualifications required for registration in the =
Defined=20
Register;
(d) prescribing the extent to which and terms and conditions under =
which=20
persons registered in the Defined Register may engage in the practice of =
physiotherapy; and
(e) prescribing by whom applications may be made pursuant to this =
Section,=20
and the procedure on such applications.
(3) The Board may direct the Registrar to register in the =
Defined=20
Register the name, address and qualifications and terms and conditions =
of=20
registration of any person who
(a) satisfies the Board that that person possesses the qualifications =
required for registration in the Defined Register; and
(b) complies with Section 25.
(4) Upon receiving a direction from the Board pursuant to =
subsection=20
(3), the Registrar shall enter in the Defined Register the name, address =
and=20
qualifications and any terms and conditions of registration of the =
person named=20
therein, and issue a licence to the person.
23 (1) The Board may keep a register called the Specialists =
Register=20
in which shall be entered the name, address, qualifications and =
specialty of all=20
members who are entitled pursuant to this Act and the regulations to be=20
registered in the register.
(2) The Board may, with the approval of the Governor in =
Council, make=20
regulations
(a) defining classes of specialists in the various branches of =
physiotherapy;
(b) dividing the Specialists Register into parts representing the =
classes of=20
specialists as defined by the Board;
(c) prescribing the qualifications required for registration in the=20
Specialists Register;
(d) providing for the regulation and prohibition of the use, terms, =
titles or=20
designations by members indicating specialization in any branch of=20
physiotherapy.
(3) The Board may direct the Registrar to enter in the =
Specialists=20
Register the name, address, qualifications and specialty of any medical=20
practitioner who
(a) holds a licence;
(b) satisfies the Board that the practitioner possesses the =
qualifications=20
required for registration in the Specialists Register; and
(c) complies with Section 25.
(4) Upon receiving a direction from the Board pursuant to =
subsection=20
(3), the Registrar shall enter in the Specialists Register the name, =
address,=20
qualifications, specialty and any terms and conditions of registration =
of the=20
person named therein, and issue a specialist's licence to the person.
24 Notwithstanding anything contained in this Act, where a =
person has=20
been convicted or found to be guilty, by a court in or out of Canada, of =
any=20
offence that is inconsistent with the proper professional behaviour of a =
physiotherapist, including a conviction under the Criminal Code =
(Canada)=20
or the Narcotics Control Act, and such person applies for =
registration,=20
the Registrar and the Board may refuse to register the person, but the =
Board=20
may, at any time, permit such person to be registered or to remain =
registered=20
upon such terms and conditions as the Board may direct.=20
25 Any person who applies for registration pursuant to this =
Act shall
(a) apply in the prescribed manner;
(b) satisfy the Board that that person is the person named in any =
diploma or=20
documentation submitted in support of the application;
(c) satisfy the Board that that person is of good character;
(d) provide such information as the Board may require; and
(e) pay the prescribed fee.
26 A member of the College who changes address shall promptly =
inform=20
the Registrar who shall enter the change in the Register.
27 (1) Every member shall pay to the Registrar, or such person =
as the=20
Registrar may designate,
(a) at the time that the member is registered; and
(b) on or before a date or dates prescribed by the Board in each year =
thereafter,
the prescribed annual registration or licence fee.
(2) The licence and specialists licence of any member who =
fails to pay=20
prescribed annual fees as required by subsection (1) or who fails to =
comply=20
within the prescribed period with any continuing competence requirements =
established in regulations shall be suspended in accordance with the =
procedure=20
prescribed by the regulations.
(3) The Registrar shall forthwith notify, in writing, any =
person whose=20
licence has been suspended pursuant to this Section.
(4) The prescribed annual licence fees payable by members of =
the=20
College pursuant to subsection (1) shall be determined by the Board.
28 (1) Where the licence or specialists licence of a member =
has been=20
suspended pursuant to subsection 27(2), or where there has been =
non-compliance=20
with continuing competency requirements, or in any other case where the =
licence=20
or specialists license of a registered person has expired or lapsed =
pursuant to=20
this Act or the former Act for non-payment of fees, such person may =
apply to the=20
Registrar for relicensing.
(2) Where a person referred to in subsection (1) satisfies the =
Registrar
(a) of the persons intention to practise physiotherapy in the =
Province;
(b) as to the persons activities since the date of the suspension or =
expiry=20
or lapsing of the persons licence;
(c) that the person has maintained and possesses an appropriate level =
of=20
skill and knowledge in physiotherapy;
(d) as to the persons good standing in all jurisdictions in which the =
person=20
has practised physiotherapy since the date of the suspension or expiry =
or=20
lapsing of the persons licence;
(e) that the person has paid all fees or any other amount owing to =
the=20
College and such administrative fees as may be prescribed; and
(f) that the person has complied with continuing competency =
requirements,
the Registrar may issue a licence to such person and issue a =
specialists=20
licence to such person in the specialities in which the person formerly =
held a=20
specialists licence.
(3) Where the Registrar is not satisfied with the evidence =
presented=20
pursuant to subsection (2), the Registrar
(a) may; or
(b) where the applicant so requests in writing, shall,
refer the matter to the Credentials Committee.
(4) Upon a referral pursuant to subsection (3), the =
Credentials=20
Committee, in consultation with the Registrar, shall consider the =
eligibility of=20
the application and may make such inquiries or demand such further =
information=20
as the Committee sees fit, and the Committee shall consider the =
application in=20
accordance with this Act.=20
(5) Where the person requests the opportunity to appear before =
the=20
Credentials Committee, this request shall be granted and the person may =
appear=20
with legal counsel.
(6) Where the registration or licensing of a person is refused =
pursuant to subsection (4), the person may request the opportunity to =
appear=20
before the next scheduled meeting of the Board, with or without legal =
counsel,=20
where the Board shall consider the application in accordance with this =
Act.=20
(7) No member of the Board who considered the application =
pursuant to=20
subsection (4) shall participate in the Boards consideration of the =
application.=20
(8) After hearing the applicant and the Registrar, the Board =
may
(a) direct the Registrar to issue to the applicant a licence;
(b) direct the Registrar to issue to the applicant a licence subject =
to such=20
conditions, limitations or restrictions as the Board considers =
appropriate;
(c) adjourn further consideration of the application, pending =
completion by=20
the applicant of such training, upgrading, clinical examinations or =
other=20
examinations as the Board may designate; or
(d) direct the Registrar to refuse the application, where the Board =
is not=20
satisfied that the applicant meets the criteria set out in subsection =
(2).
29 Every licence or specialists licence issued pursuant to =
Section 28=20
is subject to any conditions, limitations or restrictions contained in =
the=20
licence or specialist's licence that had expired, lapsed or been =
suspended=20
pursuant to subsection 27(2), unless the Board orders otherwise.
30 The Registrar shall, in each year, cause to be published in =
the=20
manner prescribed an annual list that includes the names of those =
persons
(a) who hold a licence;
(b) who hold a specialists licence; and
(c) listed in the Defined Register.
31 (1) The licence or specialists licence of a member may only =
be=20
surrendered by the member after notice in writing to the Board and with =
the=20
consent of the Board.
(2) Where a member ceases to be a member for any reason, or =
where a=20
person ceases to be registered or licensed for any reason, such person =
remains=20
subject to the jurisdiction of the College in respect of any =
disciplinary matter=20
arising out of the persons conduct while a member or while registered.
32 (1) A person licensed pursuant to this Act who practises=20
physiotherapy in violation of any condition or limitation contained in =
the=20
persons licence is guilty of an offence.
(2) A person who practises physiotherapy
(a) while the persons licence is suspended or revoked; or
(b) without a licence,
is guilty of an offence.
33 (1) A member of the College who leaves the Province and =
practises=20
physiotherapy on the members return to the Province prior to providing =
the=20
Registrar with a certificate of good standing from all jurisdictions in =
which=20
the member had practised during such absence is guilty of an offence.
(2) The Board may waive the requirements of subsection (1) and =
may=20
make regulations exempting members from the requirements of subsection =
(1) where=20
members have been absent from the Province for a period shorter than the =
maximum=20
period prescribed in the regulations.
34 (1) Except as provided in this Act or the regulations, no =
person,=20
other than a physiotherapist who holds a licence, shall
(a) publicly or privately, for hire, gain or hope of reward, practise =
or=20
offer to practise physiotherapy;
(b) hold himself or herself out in any way to be entitled to practise =
physiotherapy; or
(c) assume any title or description implying or designed to lead the =
public=20
to believe that that person is entitled to practise physiotherapy.
(2) No person is entitled to receive a fee, reward or =
remuneration for
(a) professional services rendered to any person in the practice of=20
physiotherapy; or
(b) physiotherapy appliances supplied to any person in the practice =
of=20
physiotherapy,
unless registered and licensed at the time the services were provided =
or the=20
appliances were rendered.
35 A person who knowingly furnishes false information in an=20
application pursuant to this Act, or in any statement or return required =
to be=20
furnished pursuant to this Act or the regulations is guilty of an =
offence.
36 (1) In a prosecution for an offence contrary to this Act or =
the=20
regulations, the onus of proof that a person accused of an offence has =
the right=20
to practise physiotherapy, or that a person comes within any of the =
exemptions=20
provided by this Act, is on the person accused.
(2) Where a violation of this Act or the regulations by a =
person who=20
does not have the right to practise physiotherapy continues for more =
than one=20
day, the offender is guilty of a separate offence for each day that the=20
violation continues.
(3) For the purpose of this Act, proof of the performance of =
one act=20
in the practice of physiotherapy on one occasion is sufficient to =
establish that=20
a person has engaged in the practice of physiotherapy.
37 (1) A person who violates
(a) this Act, except for Sections 74 to 86;
(b) a regulation made pursuant to clause 6(3)(i) or (j); or
(c) a regulation made pursuant to clause 23(2)(d),
is guilty of an offence and the Summary Proceedings Act =
applies in=20
addition to any penalty otherwise provided for in this Act or the =
regulations.
(2) All fines and penalties payable under this Act as a result =
of a=20
prosecution by or on behalf of the College belong to the College.
(3) Any information to be laid pursuant to this Act may be =
laid by the=20
Registrar or any member of the College authorized by the Board, with the =
consent=20
of the Minister of Health.
38 Nothing in this Act applies to or prevents
(a) the domestic administration of family remedies;
(b) the practice of the religious tenets or general beliefs of any =
religious=20
organization;
(c) the furnishing of first aid or emergency assistance in the case =
of=20
emergency, if such aid or assistance is given without hire, gain or hope =
of=20
reward;
(d) the manufacture, fitting or selling of artificial limbs or =
similar=20
appliances;
(e) the practice of medicine by a person who is registered pursuant =
to the=20
Medical Act;
(f) the practice of optometry by a person who is licensed =
pursuant to the=20
Optometry Act;
(g) the practice of nursing by a person who is registered pursuant to =
the=20
Licensed Practical Nurses Act;
(h) the practice of occupational therapy by a person who is licensed =
pursuant=20
to the Occupational Therapists Act;
(i) the practice of dentistry or dental surgery by a person who is =
registered=20
pursuant to the Dental Act;
(j) the practice of dispensing optician by a person who is registered =
pursuant to the Dispensing Opticians Act;
(k) the practice of denturology by a person who is licensed pursuant =
to the=20
Denturist Act;
(l) the practice of psychology by a person who is licensed pursuant =
to the=20
Psychologists Act;
(m) the practice of chiropractic by a person who is registered =
pursuant to=20
the Chiropractic Act;
(n) the practice of pharmacy by a person who is registered pursuant =
to the=20
Pharmacy Act;
(o) the practice of dietetics by a person who is registered pursuant =
to the=20
Professional Dietitians Act;
(p) the practice of radiological technology by a person registered =
pursuant=20
to the Medical Radiation Technologists Act;
(q) the practice of dental technology by a person registered pursuant =
to=20
Dental Technicians Act; or
(r) the practice of nursing by a person registered pursuant to the=20
Registered Nurses Act.
39 (1) In this Section, "client records" includes all =
documents,=20
charts, x-rays, photographic film or any other form of record relating =
to the=20
clients of a member.
(2) Where
(a) a member
(ii) is struck off a register or is the subject of suspension of =
licence or=20
specialist's licence,
(iii) has been found to be an incapacitated or unfit member, or
(iv) neglects the practice of physiotherapy; and
the College may, with or without notice as the court directs, request =
the=20
court to appoint a custodian who is a physiotherapist to take possession =
of the=20
client records of the member.
(3) A custodian appointed pursuant to subsection (2) shall
(a) hold and protect all client records taken into custody; and
(b) distribute copies of the client records, as may be appropriate, =
to the=20
physiotherapists of the clients concerned, including the member referred =
to in=20
subsection (2), and to the duly appointed representatives of the clients =
or the=20
clients themselves unless there are reasonable grounds to believe it =
would not=20
be in the best interest of the client to make that information =
available,=20
subject to such fees as the court may direct or the regulations may =
prescribe.
(4) In an order made pursuant to subsection (2), or in a =
subsequent=20
order made on the application of the College or the custodian, with or =
without=20
notice as the court directs, the court may
(a) authorize the custodian to employ professional assistance to =
carry out=20
the custodians duties;
(b) direct any sheriff to seize, remove and place in the possession =
of the=20
custodian client records;
(c) where there are reasonable grounds to believe that any client =
records may=20
be found in any premises, safety deposit box or other receptacle, direct =
the=20
sheriff to enter the premises or open the safety deposit box or other=20
receptacle;
NOTE - If you are searching =
this Bill,=20
note that it consists of two documents.=20
![3D"statutes](3D"http://www.gov.ns.ca/legislature/legc/images/n-top.gif")
![3Dup=20](3D"http://www.gov.ns.ca/legislature/legc/images/n-up.gif")
An Act Respecting
the Practice of =
Physiotherapy(i) assessment of neuromusculoskeletal and cardiorespiratory systems =
and=20
establishment of a physiotherapy diagnosis,
(s) "professional corporation" means a company =
incorporated pursuant=20
to the Companies Act and this Act for the purpose of carrying on =
the=20
practice of physiotherapy;
(i) a person married to another person,
3 The words "physiotherapist", "physical therapist" =
or any=20
like words or expressions implying a person recognized by law as a=20
physiotherapist in the Province, when used in any regulation, rule, =
order or=20
by-law made pursuant to an Act of the Legislature enacted or made =
before, at or=20
after the coming into force of this Act, or when used in any public =
document,=20
includes a person registered in the Register who holds a licence.
(i) a member as a sole proprietor,
may be known;
(i) are not members of the College, and
(2) Members of the Board shall be elected or =
appointed to=20
office for a term of two years.
(i) in a manner that would be satisfactory to the Board, the =
requirements=20
for registration in the relevant register with such exceptions as may =
be=20
prescribed by regulations, and
(b) has paid the prescribed fees,
(i) dies, disappears, is imprisoned, leaves the Province or =
surrenders the=20
members licence or specialist's licence,
(b) adequate provision has not been made for the =
protection of the=20
members clients interests,
This page and its contents published by the Office of =
the=20
Legislative Counsel, Nova Scotia House of Assembly, and =A9 1999 Crown =
in right of=20
Nova Scotia. Updated April 21, 1999. Send comments to