Alberta physiotherapists have the privilege of being a member of a self-regulated profession. This means the government outlines the rules in health care legislation by which Physiotherapy Alberta can regulate and physiotherapists can provide service to Albertans.

You are expected to know the legislation governing your practice as a physiotherapist in Alberta. Assessing your understanding of the legislation is one aspect of the jurisprudence component of Physiotherapy Alberta's Continuing Competence Program.

Governing legislation:

Because the legislation includes rules for both the College and members it's long and a bit intimidating. To help you get started we've listed the sections most relevant to physiotherapists.

 

102 A regulated member shall not engage in advertising that is untruthful, inaccurate or otherwise capable of misleading or misinforming the public.

Health Professions Act, section 102.

17   The continuing competence program of the College comprises

(a)    competence development,

(b)    competence assessment, and

(c)    practice visits.

Competence development

18(1)  As part of the continuing competence program, a regulated member registered on the general register must, in each registration year,

(a)    complete a reflective practice review in a form satisfactory to the Competence Committee, and

(b)    engage in continuing professional development activities required by the rules under section 21.

(2)  A reflective practice review includes

(a)    a self‑assessment of the member’s own practice against competencies or standards of practice adopted by the Council or any other criteria approved by the Council,

(b)    the development and implementation of a written learning plan that follows from the member’s self‑assessment of the member’s practice under clause (a), and

(c)    a written self‑evaluation of the results of the learning plan referred to in clause (b).

(3)  Each regulated member must

(a)    undertake learning activities pursuant to the member’s learning plan, and

(b)    complete the requirements for continuing professional development required by the rules under section 21.

(4)  In accordance with the rules established under section 21, each regulated member must

(a)    keep records, in a form satisfactory to the Competence Committee, of the activities that the regulated member undertakes in any one‑year period for the purpose of continuing competence development for a period of 5 years, and

(b)    provide, on the request of and in accordance with the directions of the Competence Committee, copies of the records referred to in clause (a).

Competence assessment

19(1)  The Competence Committee may, in accordance with the rules established under section 21, require a regulated member registered on the general register to undergo an assessment for the purpose of evaluating the member’s continuing competence.

(2)  For the purpose of an assessment under subsection (1), the Competence Committee may use one or more of the following processes:

(a)    examinations;

(b)    evaluation of the records referred to in section 18(4)(a);

(c)    interviews;

(d)    any other type of evaluation required by the Competence Committee.

Practice visits

20   The Competence Committee is authorized to carry out practice visits and may, for the purpose of assessing continuing competence, select individual regulated members or a group of regulated members for practice visits in accordance with the rules established under section 21.

Program rules

21(1)  The Council may establish rules governing the operation of the continuing competence program, including, but not limited to, the following:

(a)   the requirements of a reflective practice review;

(b)   the records referred to in section 18(4)(a) and providing the records in accordance with the directions of the Competence Committee;

(c)   audits of a regulated member’s records referred to in section 18(4)(a);

(d)   the requirements for continuing professional development;

(e)   how competence assessments are to be conducted;

(f)    the selection of regulated members for competence assessments;

(g)   respecting the minimum acceptable performance level for competence assessments;

(h)   how practice visits are to be conducted;

(i)    the selection of regulated members for practice visits;

(j)    respecting the minimum acceptable performance level for practice visits.

(2)  Before the Council establishes any rules or amendments to the rules, the proposed rules or proposed amendments to the rules must be distributed by the Registrar to all regulated members for their review.

(3)  The Council may establish the rules or amendments to the rules 30 or more days after their distribution under subsection (2) and after having considered any comments received on the proposed rules or proposed amendments to the rules.

Rule distribution

22   The rules and any amendments to the rules established under section 21 must be made available by the College to all regulated members and, on request, in printed form to the Minister, regional health authorities and any person who requests them.

Actions to be taken

23   If a review of the records referred to in section 18(4)(a), a competence assessment under section 19 or a practice visit under section 20 is unsatisfactory or a regulated member fails to comply with the rules under section 21, the Competence Committee may direct a regulated member to undertake one or more of the following actions within the time period, if any, specified by the Competence Committee:

(a)    successful completion of continuing competence program requirements;

(b)    successful completion of any examinations, testing, assessment, training, education or counselling to enhance competence in specified areas;

(c)    to practise under the supervision of another regulated member;

(d)    limitation of practice to specified procedures or practice settings;

(e)    to report to the Competence Committee on specified matters on specified dates;

(f)    to refrain from supervising persons engaged in the practice of physical therapy;

(g)    correction of any problems identified in the practice visit;

(h)    demonstration of competence gained in a specified area.

Member responsible for costs

24   Any action that a regulated member must undertake in response to a direction by the Competence Committee under section 23 is undertaken at the cost of the member.

Health Professions Act, sections 17 - 24.

Referral to Complaints Director

51.1(1)  The competence committee, registration committee or registrar must make a referral to the complaints director if, on the basis of information obtained from a practice visit or continuing competence program, the competence committee, registration committee or registrar is of the opinion that a regulated member has intentionally provided false or misleading information under this Part.

(2)  The competence committee must make a referral to the complaints director if, on the basis of information obtained from a practice visit, it is of the opinion that

(a)    the regulated member displays a lack of competence in the provision of professional services that has not been remedied by participating in the continuing competence program,

(b)    the regulated member may be incapacitated, or

(c)    the conduct of the regulated member constitutes unprofessional conduct that cannot be readily remedied by means of the continuing competence program.

Health Professions Act, section 51.1.

36(1)  A regulated member or an applicant for registration must provide the following information, in addition to that required under section 33(3) of the Act, to the Registrar on the request of the Registrar, on application for registration and when there are any changes to the information:

(a)  home and business mailing addresses, e‑mail addresses, telephone numbers and fax numbers;

(b)  full legal name and, if applicable, previous names and aliases;

(c)  date of birth and gender;

(d)  job title or position description;

(e)  employment status and hours worked;

(f)   employer information, including name, address, telephone number, fax number, e‑mail address and the location where services are delivered;

(g)  areas of practice or specialties;

(h)  the restricted activities performed by a regulated member;

(i)   if a regulated member is registered on the provisional register, the name of the supervising regulated member;

(j)   date of completion of the written knowledge‑based examination and of the clinical competency examination;

(k)  degrees and other qualifications, including school of education, year of graduation and supporting documentation;

(l)   any other college of a profession that provides health services in which a regulated member or an applicant for registration is registered and whether the regulated member or the applicant for registration is a practising member of that college;

(m) languages in which a regulated member or an applicant for registration can provide professional services;

(n)  passport‑type photo.

(2)  A regulated member must inform the Registrar of any change to the information provided under subsection (1) within 30 days of the change occurring.

(3)  Subject to section 34(1) of the Act, the College may disclose the information collected under subsection (1)

(a)  with the consent of the regulated member whose information it is, or

(b)  in a summarized or statistical form so that it is not possible to relate the information to any particular identifiable person.

Physical Therapist Profession Regulation, section 36.

46(1)  A person must apply for registration if the person

(a) meets the requirements of section 28(2) for registration as a regulated member, and

(b) intends to provide one or more of the following:

(i)    professional services directly to the public;

(ii)    the manufacture of dental appliances or conducting of laboratory tests that are used by other regulated members to provide professional services directly to the public;

(iii)    food and nutrition professional services that are used by other regulated members and individuals to provide services directly to the public;

(iv)    the teaching of the practice of a regulated profession to regulated members or students of the regulated profession;

(v) the supervision of regulated members who provide professional services to the public.

(2)  If a registrar is of the opinion that a person who is not a regulated member meets or may meet the requirements of subsection (1)(a) with respect to the college and provides any services described in subsection (1)(b), the registrar may give that person a written request to apply for registration.

(3)  A person who receives a request under subsection (2) must give a complete application for registration, except for the application fee, to the registrar within 30 days after receiving the request, however, the application fee must be paid prior to registration.

(4)  This section does not apply to a person who is

(a)  a regulated member of another college,

(b)  a student of a regulated profession,

(c)  authorized to provide services referred to in subsection (1) pursuant to another enactment, or

(d)  qualified to be registered as an emergency medical responder and

(i)    who is not primarily employed to provide health services but while employed, or

(ii)    who provides volunteer services other than services as an ambulance attendant and, while providing those services, 

provides health services to another person.

Prohibition

47(1)  No person shall knowingly employ a person who meets the requirements of section 46(1)(a) to provide services described in section 46(1)(b) unless that employed person is

(a)  a regulated member, or

(b)  authorized to provide the services pursuant to another enactment.

(2)  A person who meets the requirements of section 46(1)(a) and who is to be employed to provide services described in section 46(1)(b) must,

(a)  before being so employed, provide the employer with evidence of

(i)    a practice permit in good standing, or

(ii)    an authorization to provide the services pursuant to another enactment, and

(b)  while so employed, notify the employer

(i)    if the conditions imposed on the practice permit are varied or cancelled, if additional conditions are imposed on the practice permit or if the practice permit is suspended or cancelled, or

(ii)    if there are any changes to the authorization to provide the services pursuant to another enactment or if the authorization is suspended or cancelled or expires.

Offence

48(1)  A person who meets the requirements of section 46(1) but does not comply with a request under section 46(2) is guilty of an offence.

(1.1)  A person who knowingly employs a person in contravention of section 47(1) is guilty of an offence.

(2)  A person who is guilty of an offence under subsection (1) is liable

(a)  for a first offence, to a fine of not more than $2000,

(b)  for a 2nd offence, to a fine of not more than $4000, and

(c)  for a 3rd and every subsequent offence, to a fine of not more than $6000 or to imprisonment for a term of not more than 6 months or to both fine and imprisonment.

(2.1)  A person who is guilty of an offence under subsection (1.1) is liable

(a)  for a first offence, to a fine of not more than $4000,

(b)  for a 2nd offence, to a fine of not more than $8000, and

(c)  for a 3rd and every subsequent offence, to a fine of not more than $12 000 or to imprisonment for a term of not more than 12 months or to both a fine and imprisonment.

(3)  A prosecution under this section may be commenced within 2 years after the commission of the alleged offence, but not afterwards.

Injunction

49   The Court of Queen’s Bench, on application by a college, may grant an injunction enjoining any person who on reasonable and probable grounds appears to meet the requirements of section 46(1)(a) from providing services described in section 46(1)(b) if

(a)  the person is not a regulated member and is not authorized to provide the services pursuant to another enactment, or

(b)  the person fails to comply with section 46(3) on receiving a written request under section 46(2).

Health Professions Act, sections 46 - 49.

101   No municipality or Metis settlement has the power to require

(a)    a regulated member to obtain a licence from the municipality or Metis settlement to practise a regulated profession, or

(b)    a professional corporation, a business corporation or a partnership owned by regulated members to obtain a licence from the municipality or Metis settlement to practise a regulated profession.

Health Professions Act, section 101.

100(1)  A regulated member is responsible, for the purposes of this Act, the code of ethics, the standards of practice and the bylaws, for how the member provides professional services and complies with this Act, the code of ethics, the standards of practice and the bylaws, and that responsibility is not affected, modified or diminished by the practice arrangements of the regulated member and, without restricting the generality of practice arrangements, practice arrangements include providing professional services as, in relationship to or on behalf of

(a)    a self‑employed individual,

(b)    an employee,

(c)    a partner,

(d)    a partnership,

(e)    a shareholder,

(f)    a director,

(g)    a corporation other than a professional corporation,

(h)    a professional corporation,

(i)    an employer, or

(j)    a practice in association.

(2)  Subject to this Part, a regulated member may provide professional services as, in relationship to or on behalf of

(a)    a self‑employed individual,

(b)    an employee,

(c)    a partner,

(d)    a partnership,

(e)    a shareholder,

(f)    a director,

(g)    a corporation other than a professional corporation,

(h)    a professional corporation,

(i)    an employer, or

(j)    a practice in association.

(3)  Nothing in this Part affects, modifies or limits any law or practice applicable to the confidential or ethical relationship between a regulated member and a person receiving the professional services of a regulated member.

(4)  The relationship between a partnership, corporation or professional corporation providing professional services and a person receiving the professional services of the partnership, corporation or professional corporation is subject to all applicable law and practice relating to the confidential and ethical relationships between a regulated member and the person receiving the professional services of a regulated member.

(5)  The relationship between a regulated member practising in association and a person receiving the professional services of the regulated member practising in association is subject to all applicable law and practice relating to the confidential and ethical relationships between a regulated member and the person receiving the professional services.

(6)  The rights and obligations pertaining to communications made to or information received by a regulated member apply to the shareholders, directors, officers and employees of a partnership, corporation or professional corporation and the participants in a practice in association.

Health Professions Act, section 100.

97(1)  In this section, “practice in association” means a practice conducted in co‑operation with another person where one or more of the following occur:

(a)    joint advertising;

(b)    shared office telephone number;

(c)    combined client billing for services provided by more than one person;

(d)    shared office reception area;

(e)    shared office or clinic expenses;

(f)    shared administrative functions or expenses;

(g)    shared ownership or use of premises, equipment, furnishings or other property;

(h)    shared employees;

(i)    sharing or circumstances that the regulations under this section constitute as practice in association.

(2)  Unless restricted by the regulations under this section, by a code of ethics or by the standards of practice, a regulated member may

(a)    practise in association with another regulated member or with a person who is not a regulated member, and

(b)    refer patients to and receive referrals from another regulated member of any college or a person who is not a regulated member.

(3)  The Lieutenant Governor in Council may make regulations

(a)    restricting the persons or categories of persons with whom a regulated member or category of regulated members may practise in association;

(b)    restricting the persons or categories of persons to or from whom a regulated member or categories of regulated members may refer or receive referrals of patients;

(c)    describing additional forms of sharing or circumstances that constitute practice in association.

Health Professions Act, section 97.

Application date for practice permit

(3) Regulated members shall complete a practice permit application by September 15 of each year which will become effective October 1.

HPA Bylaw 40(3).

Suspension if application is not made

39   If a regulated member’s application for renewal of a practice permit is not received by the registrar by the date provided for in the bylaws, the member’s practice permit is suspended and the registrar may cancel the member’s practice permit in accordance with section 43.

Health Professions Act, sections 38 + 39.

Renewal requirements

25   A regulated member applying for the renewal of the member’s practice permit must provide evidence satisfactory to the Registrar of

(a)    having met the continuing competence program requirements,

(b)    continuing to meet the requirements set out in sections 9(1)(b) and 11, and

(c)    meeting at least one of the following:

(i)    having met the requirements of section 3 in the previous 3 years;

(ii)    in the 5 years immediately preceding an application for renewal, having been engaged in the practice of physical therapy for at least 1200 hours;

(iii)    demonstrating to the satisfaction of the Registrar that the member is currently competent to practise as a physical therapist.

Physical Therapists Profession Regulation, section 25.

(5)  A regulated member must

(a)    display the regulated member’s practice permit where the regulated member provides professional services, or

(b)    on request, make the regulated member’s practice permit available for inspection.

Health Professions Act, section 5.

3 In their practice, physical therapists do one or more of the following:

(a)    assess physical function,

(b)    diagnose and treat dysfunction caused by a pain, injury, disease or condition in order to develop, maintain and maximize independence and prevent dysfunction,

(b.1)    engage in research, education and administration with respect to health services delivery and the science, techniques and practice of physiotherapy, and

(c)    provide restricted activities authorized by the regulations.

Health Professions Act, Schedule 20, section 3.

1.1(1)  Despite this Act, the bylaws and any enactment that governs the practice of a regulated member or health practitioner, college or regulatory organization, if any of the following persons knows of or has reason to suspect the existence of a nuisance or a threat that is or may be injurious or dangerous to the public health, that person must immediately notify the medical officer of health of the appropriate regional health authority by the fastest means possible:

(a)    a regulated member;

(b)    a health practitioner who provides health services described in a Schedule;

(c)    a member of a council of, or an officer, employee or agent of, a college;

(d)    a member of a board or council of, or an officer, employee or agent of, a regulatory organization that governs the practice of a health practitioner who provides health services described in a Schedule.

(2)  The definitions in the Public Health Act apply to this section.

Health Professions Act, section 1.1.

Basic authorized activities

13   A regulated member may, in the practice of physical therapy and in accordance with the standards of practice, perform the following restricted activities:

(a)  to cut a body tissue, to administer anything by an invasive procedure on body tissue or to perform other invasive procedures on body tissue below the dermis or the mucous membrane for the purpose of wound debridement and care;

(b)  to insert or remove instruments, devices or fingers

(i)    beyond the cartilaginous portion of the ear canal,

(ii)   beyond the point in the nasal passages where they normally narrow,

(iii)   beyond the pharynx,

(iv)  beyond the labia majora,

(v)  beyond the anal verge, or

(vi)   into an artificial opening into the body;

(c) to reduce a dislocation of a joint.

Other authorized activities

14   Only a regulated member

(a)  who is registered on the general register or on the courtesy register,

(b)  who has provided evidence to the Registrar of having the competencies required to perform the restricted activities described in clauses (d) to (h), and

(c)  who has received notification from the Registrar that the authorization is indicated on the general register or on the courtesy register, as the case may be, 

may, in the practice of physical therapy and in accordance with the standards of practice, perform the following restricted activities:

(d)  to cut a body tissue or to perform other invasive procedures on body tissue below the dermis or the mucous membrane for the purpose of needle acupuncture;

(e)  to cut a body tissue, to administer anything by an invasive procedure on body tissue or to perform other invasive procedures on body tissue below the dermis or the mucous membrane for the purpose of intramuscular stimulation and biofeedback;

(f)   to use a deliberate, brief, fast thrust to move the joints of the spine beyond the normal range but within the anatomical range of motion, which generally results in an audible click or pop;

(g)   to order a form of ionizing radiation in medical radiography, limited to x‑rays only;

(h)   to order non‑ionizing radiation in

(i)    magnetic resonance imaging, and

(ii)    ultrasound imaging.

Restriction

15(1)  Despite any authorization to perform restricted activities, regulated members must restrict themselves in performing restricted activities to those activities that they are competent to perform and to those that are appropriate to the member’s area of practice and the procedure being performed.

(2)  A regulated member who performs a restricted activity must do so in accordance with the standards of practice.

Regulated members, students, supervision

16(1)  A regulated member registered on the provisional register is permitted to perform those restricted activities described in section 13 only with the consent of and under the supervision of a regulated member registered on the general register or the courtesy register.

(2)  A regulated member registered on the general register who is learning to perform a restricted activity referred to in section 14 is permitted to perform the restricted activities described in that section with the consent of and under the supervision of a regulated member registered on the general register or the courtesy register who is authorized to perform the restricted activities described in section 14 pursuant to section 14(b) and (c).

(3)  A student who is enrolled in a physical therapy program approved by the Council is permitted to perform those restricted activities described in section 13 or 14 that are part of the student’s program of study with the consent of and under the supervision of a regulated member registered on the general register or the courtesy register who is authorized to perform the restricted activity that is being performed by the student.

(4)  A student who is enrolled in a health services program of studies approved by the council of another college under the Act that includes studies related to the restricted activities described in section 13 or 14 is permitted to perform those restricted activities that are part of the student’s program of study with the consent of and under the supervision of a regulated member registered on the general register or the courtesy register who is authorized to perform the restricted activity that is being performed by the student.

(5)  A regulated member who consents to supervise under subsections (1) to (4) must

(a)    be authorized to perform the restricted activity that is being supervised,

(b)    be present or on‑site while the regulated member or the student is performing the restricted activity, and

(c)    be able to observe and promptly intervene to stop or change the actions of the regulated member or the student who is under supervision.

Physical Therapists Profession Regulation, sections 13, 14, 15, 16.

Health Services Restricted Activities

2(1)  The following, carried out in relation to or as part of providing a health service, are restricted activities:

(a)    to cut a body tissue, to administer anything by an invasive procedure on body tissue or to perform surgical or other invasive procedures on body tissue

(i)    below the dermis or the mucous membrane or in or below the surface of the cornea;

(ii)    in or below the surface of teeth, including scaling of teeth;

(b)    to insert or remove instruments, devices, fingers or hands

(i)    beyond the cartilaginous portion of the ear canal,

(ii)    beyond the point in the nasal passages where they normally narrow,

(iii)    beyond the pharynx,

(iv)    beyond the opening of the urethra,

(v)    beyond the labia majora,

(vi)    beyond the anal verge, or

(vii)    into an artificial opening into the body;

(b.1)    to insert into the ear canal

(i)    under pressure, liquid, air or gas;

(ii)    a substance that subsequently solidifies;

(c)    to set or reset a fracture of a bone;

(d)    to reduce a dislocation of a joint except for a partial dislocation of the joints of the fingers and toes;

(e)    to use a deliberate, brief, fast thrust to move the joints of the spine beyond the normal range but within the anatomical range of motion, which generally results in an audible click or pop;

(f)    to prescribe a Schedule 1 drug within the meaning of the Pharmacy and Drug Act;

(g)    to dispense, compound, provide for selling or sell a Schedule 1 drug or Schedule 2 drug within the meaning of the Pharmacy and Drug Act;

(h)    to administer a vaccine or parenteral nutrition;

(i)    to prescribe, compound or administer blood or blood products;

(j)    to prescribe or administer diagnostic imaging contrast agents;

(k)    to prescribe or administer anesthetic gases, including nitrous oxide, for the purposes of anesthesia or sedation;

(l)    to prescribe or administer radiopharmaceuticals, radiolabelled substances, radioactive gases or radioaerosols;

(m)    to order or apply any form of ionizing radiation in

(i)    medical radiography,

(ii)    nuclear medicine, or

(iii)    radiation therapy;

(n)    to order or apply non‑ionizing radiation in

(i)    lithotripsy,

(ii)    magnetic resonance imaging, or

(iii)    ultrasound imaging, including any application of ultrasound to a fetus;

(o)    to prescribe or fit

(i)    an orthodontic or periodontal appliance,

(ii)    a fixed or removable partial or complete denture, or

(iii)    an implant supported prosthesis;

(p)    to perform a psychosocial intervention with an expectation of treating a substantial disorder of thought, mood, perception, orientation or memory that grossly impairs

(i)    judgment,

(ii)    behaviour,

(iii)    capacity to recognize reality, or

(iv)    ability to meet the ordinary demands of life;

(q)    to manage labour or deliver a baby;

(r)    to prescribe or dispense corrective lenses.

(2)  Despite subsection (1), the following are not restricted activities:

(a)    activities of daily living, whether performed by the individual or by a surrogate on the individual’s behalf,

(b)    giving information and providing advice with the intent of enhancing personal development, providing emotional support or promoting spiritual growth of individuals, couples, families and groups, and

(c)    drawing venous blood.

Regulations

3   On consulting with the Health Professions Advisory Board under the Health Professions Act, the Minister may make regulations authorizing a person or a category of persons other than a regulated member or category of regulated members under the Health Professions Act, to perform one or more restricted activities subject to any conditions included in the regulations.

Public health emergency

3.1   For the purposes of preventing, combating or alleviating a public health emergency as defined in the Public Health Act, the Minister may by order authorize a person or category of persons to perform one or more restricted activities subject to any terms or conditions the Minister may prescribe.

Offence

4(1)  No person shall perform a restricted activity or a portion of it on or for another person unless

(a)    the person performing it

(i)    is a regulated member as defined in the Health Professions Act, and is authorized to perform it by the regulations under the Health Professions Act,

(ii)    is authorized to perform it by a regulation under section 3,

(ii.1)    is authorized to perform it by an order under section 3.1, or

(iii)    is authorized to perform it by another enactment,or

(b)    the person performing it

(i)    has the consent of, and is being supervised by, a regulated member described in clause (a)(i), and

(ii)    is permitted to perform the restricted activity under a regulation made under section 131(1)(d)(i) of the Health Professions Act by the council of the college of the regulated member referred to in subclause (i),

and there are regulations made under section 131(1)(d)(ii) of the Health Professions Act by the council of the college of that regulated member respecting how regulated members must supervise persons who provide restricted activities under this clause.

(2)  Despite subsection (1), if no person who is authorized under subsection (1) is available to perform the restricted activity or a portion of it, a person may without expectation or hope of compensation or reward provide a restricted activity or a portion of it to provide physical comfort to or to stabilize another person who is ill, injured or unconscious as a result of an accident or other emergency.

(3)  No person, other than a person authorized to perform a restricted activity under subsection (1)(a), shall or shall purport to consent to, provide supervision of and control of, another person performing the restricted activity or a portion of a restricted activity.

(4)  No person shall require another person to perform a restricted activity or a portion of a restricted activity if that other person is not authorized in accordance with subsection (1) to perform it.

Penalty

5(1)  A person who contravenes section 4 is guilty of an offence and liable

(a)    for a first offence, to a fine of not more than $5000,

(b)    for a 2nd offence, to a fine of not more than $10 000, and

(c)    for a 3rd and every subsequent offence, to a fine of not more than $25 000 or to imprisonment for a term of not more than 6 months or to both fine and imprisonment.

(2)  A prosecution for an offence under this Schedule may not be commenced more than 2 years after the date on which the alleged offence occurs.

6   In a prosecution unde

Burden of proof

r this Schedule, the burden of proving that a person was authorized to perform a restricted activity by section 4(1) is on the accused.

Injunction

7   The Court of Queen’s Bench, on application by a person authorized by the Minister, may grant an injunction enjoining any person from doing any act that contravenes section 4 despite any penalty that may be provided by section 5 in respect of that contravention.

Government Organization Act, Schedule 7.1, sections 2-7.

Cancellation of practice permit

43(1)  If a regulated member does not apply for a practice permit under section 38(1), is in default of payment of the practice permit fee or fails to pay a penalty, costs or any other fees, levies or assessments due under this Act or the bylaws, the registrar, after 30 days or a greater number of days, as set out in the notice, after giving notice to the regulated member, may cancel the regulated member’s practice permit and registration.

(2)  The notice under subsection (1) must state that the registrar may cancel the practice permit and the registration of the regulated member unless a complete application for a practice permit is received, the practice permit fee is paid, and any other penalties, costs, fees, levies or assessments are paid, as indicated in the notice.

(3)  If a practice permit and registration are cancelled under subsection (2) only because the practice permit fee or a penalty, cost, fee, levy or assessment is not paid, the registrar may, on its payment, issue or reissue the practice permit and reinstate the registration.

(4)  If the registrar is satisfied that a regulated member does not comply with conditions imposed under section 40(2) within the time specified, the registrar may cancel the regulated member’s practice permit and registration or may refer the matter to the registration committee or competence committee as provided for in the bylaws and the registration committee or competence committee, on being satisfied that the conditions are not complied with, may direct the registrar to cancel the member’s practice permit and registration.

(5)  The registrar may cancel the registration or practice permit of a regulated member and cancel the registration of an other member on the member’s request.

(6)  The registrar may cancel the registration and practice permit of a regulated member on receipt of proof satisfactory to the registrar that the member is deceased.

Return of suspended or cancelled permit

44   If the practice permit of a regulated member is suspended or cancelled under this Part, suspended or cancelled under an order under Part 4 or suspended under Part 6, that regulated member must, on request, send the practice permit to the registrar.

Reinstatement

45(1)  A regulated member whose practice permit and registration are cancelled under this Act, except under Part 4, may apply for the practice permit to be reissued and the registration to be reinstated in accordance with the bylaws.

(2)  A person whose practice permit and registration are cancelled under Part 4 may apply for the practice permit to be reissued and the registration to be reinstated in accordance with the regulations.

Health Professions Act, sections 43-45.

Being suspended

117 A regulated member whose practice permit is suspended shall not provide professional services unless

(a)    the college notifies the regulated member that the suspension is lifted, or

(b)    the suspension has expired.

Health Professions Act, section 117.

Authorization to use titles, etc.

12(1)  Regulated members registered on the general register or courtesy register may use the following titles and initials:

(a)    physical therapist;

(b)    physiotherapist;

(c)    P.T.

(2)  Regulated members registered on the provisional register may use the titles physical therapist intern and physiotherapist intern.

(3)  A regulated member who has earned a doctorate degree in a physical therapy program approved by the Council or a doctorate degree in a related area approved by the Council may use the title doctor or the abbreviation Dr. in connection with the practice of physical therapy.

(4)  A regulated member registered on the general register or courtesy register may use the title specialist if the regulated member

(a)    meets the requirements established by the Council for the use of the title specialist, and

(b)    is authorized by the Registrar to use that title.

Physical Therapists Profession Regulation, section 12.