College of Audiologists and Speech-Language Pathologists of Manitoba General Regulation

College of Audiologists and Speech-Language Pathologists of Manitoba General Regulation, M.R. 192/2013 The Regulated Health Professions Act , C.C.S.M. c. R117 Regulation 192/2013 Registered December 16, 2013 bilingual version (HTML) Table of Contents Section PART 1 GENERAL PROVISIONS 1.1 Regulatory scheme 1.2 One college, two regulated health professions 1.3 Definitions 1.4 Competent to practise PART 2 MEMBERSHIP 2.1 Overview Registers and Membership Classes 2.2 Registers and membership classes 2.3 Register information 2.4 What information is available to the public? Registration Requirements 2.5 Contents of application 2.6 Registration requirements — regulated members 2.7 Additional registration requirement for full membership 2.8 Additional registration requirements for provisional membership 2.9 Additional registration requirements for restricted purpose membership 2.10 Additional registration requirements for non-practising membership 2.11 Registration requirements — regulated associate member 2.12 Labour mobility Provisional Membership 2.13 Membership period 2.14 Mentor requirements 2.15 Mentorship agreement 2.16 Written assessment plan 2.17 Activities to be completed 2.18 Interim evaluation report 2.19 Final evaluation report 2.20 Time period to apply for full membership 2.21 Cancellation — no mentorship agreement 2.22 Cancellation for other reasons Restricted Purpose Membership 2.23 Membership period 2.24 Cancellation Changing Membership Classes 2.25 Provisional member becoming full member 2.26 Non-practising member becoming full member 2.27 Full member becoming non-practising member 2.28 Full or non-practising member becoming inactive or retired member 2.29 Restricted purpose member becoming full member 2.30 Regulated associate member becoming regulated member Continuing Obligations 2.31 Obligation to submit information if there has been a change 2.32 Checks to be provided every five years 2.33 Registrar may request additional checks PART 3 PRACTICE 3.1 Overview 3.2 Certificate of practice 3.3 Requirements for issuing certificate of practice 3.4 Expiry of certificate 3.5 Cancellation 3.6 Renewal requirements 3.7 Labour mobility 3.8 Conditions on certificate of practice 3.9 Titles and abbreviations 3.10 Indicating membership class 3.11 Insurance 3.12 Obligation to submit information if there has been a change PART 4 SPECIALIZED HEALTH CARE SERVICES AND RESERVED ACTS 4.1 Overview Advanced Competency Certificate 4.2 Specialized health care services 4.3 Performing specialized health care services 4.4 Who may hold an advanced competency certificate? 4.5 Requirements 4.6 Conditions placed on certificate 4.7 Application not approved or approved subject to conditions 4.8 Certificate 4.9 Validity 4.10 Producing the certificate 4.11 Renewal 4.12 Cancellation and reinstatement 4.13 Use of "certified" 4.14 Transitional Reserved Acts 4.15 Hearing aid dealer licence required 4.16 Reserved acts performed by full members 4.17 Reserved acts performed by provisional members 4.18 Reserved acts performed by restricted purpose members Delegation 4.19 Delegating a reserved act 4.20 Accepting a delegated reserved act 4.21 Contents of delegation agreement Supervision 4.22 Supervising students 4.23 Supervising full or restricted purpose members 4.24 Supervising provisional members PART 5 STANDARDS OF PRACTICE 5.1 Professional practice obligations 5.2 Assessment of client needs 5.3 Treatment plans 5.4 Collaborative care 5.5 Treatment of clients 5.6 Ongoing evaluation 5.7 Equipment 5.8 Discontinuing treatment 5.9 Client records 5.10 Notice when closing or leaving practice 5.11 Storing, accessing and disposing of client records 5.12 Use of support persons 5.13 Practice directions PART 6 CONTINUING COMPETENCY 6.1 Overview 6.2 Definitions 6.3 Continuing Competency Committee 6.4 Requirement to comply 6.5 Continuing competency program 6.6 Continuing competency activities 6.7 Self-assessment process 6.8 Records 6.9 Continuing competency for advanced competency certificate holders 6.10 Oral or written test may be required 6.11 Practice audit 6.12 What may the committee do after receiving a report? 6.13 Imposing conditions on certificate of practice 6.14 Report conduct to registrar PART 7 HEALTH PROFESSION CORPORATIONS 7.1 Overview 7.2 Restricted to full members 7.3 Health profession corporation permit 7.4 Additional contents of record 7.5 Name of health profession corporation 7.6 Name removed from record PART 8 MISCELLANEOUS 8.1 Professional misconduct fines 8.2 Coming into force PART 1 GENERAL PROVISIONS Regulatory scheme 1.1 Persons who practise audiology or speech-language pathology are regulated under The Regulated Health Professions Act , this regulation, the Practice of Audiology and Practice of Speech-Language Pathology Regulation , and the College of Audiologists and Speech-Language Pathologists of Manitoba's by-laws and practice directions. One college, two regulated health professions 1.2 The College of Audiologists and Speech-Language Pathologists of Manitoba regulates two health professions: audiology and speech-language pathology. Definitions 1.3 The following definitions apply in this regulation. "Act" means The Regulated Health Professions Act . («  Loi  ») "adult abuse registry check" means an adult abuse registry check under The Adult Abuse Registry Act . (« relevé concernant les mauvais traitements infligés aux adultes ») "advanced competency certificate" means an advanced competency certificate issued under Part 4. (« certificat de compétences supérieures ») "approved" means approved by the council except when the approval is indicated to be given by the registrar. (« approuvé ») "audiologist" means an individual entered on the register of audiologists or associate audiologists. ( «  audiologiste ») "child abuse registry check" means a child abuse registry check under The Child and Family Services Act . (« relevé concernant les mauvais traitements infligés aux enfants ») "college" means the College of Audiologists and Speech-Language Pathologists of Manitoba. (« Ordre ») "continuing competency requirements" means the continuing competency requirements set out in Part 6. (« exigences de formation continue ») "council" means the council of the college. (« conseil ») "full member" means an audiologist or speech-language pathologist, as the case may be, who is registered in the full class of regulated members. (« membre régulier ») "inactive or retired member" means an audiologist or speech-language pathologist, as the case may be, who is registered in the inactive or retired class of regulated associate members. (« membre inactif ou retraité ») "mentor" means a full member who meets the requirements in section 2.14. (« mentor ») "mentorship agreement" means an agreement described in section 2.15. (« convention de mentorat ») "non-practising member" means an audiologist or speech-language pathologist, as the case may be, who is registered in the non-practising class of regulated members. (« membre non-praticien ») "practice audit" means a practice audit under Part 9 of the Act. (« vérification professionnelle ») "professional practice" means the practice of audiology or the practice of speech-language pathology as those terms are described in the Practice of Audiology and Practice of Speech-Language Pathology Regulation . (« exercice de la profession ») "provisional member" means an audiologist or speech-language pathologist, as the case may be, who is registered in the provisional class of regulated members. (« membre temporaire ») "restricted purpose member" means an audiologist or speech-language pathologist, as the case may be, who is registered in the restricted purpose class of regulated members. (« membre titulaire d'un certificat d'exercice restreint ») "satisfactory" means satisfactory to the registrar. (« satisfaisant ») "specialized health care service" means a health care service listed in section 4.2. (« services de santé spécialisés ») "speech-language pathologist" means an individual entered on the register of speech-language pathologists or associate speech-language pathologists. (« orthophoniste ») Competent to practise 1.4 For the purpose of this regulation, a member is considered to be competent to engage in professional practice if the member has the requisite knowledge, skill and judgment to perform the act or service. PART 2 MEMBERSHIP Overview 2.1 This Part deals with membership in the College of Audiologists and Speech-Language Pathologists of Manitoba. It supplements Part 4 of the Act. The membership classes are established and described. The registration requirements for each class are set out in this Part. They are in addition to the requirements set out in the Act. In most circumstances, a person's membership in one class may be changed to membership in another class within the same regulated health profession. REGISTERS AND MEMBERSHIP CLASSES Registers and membership classes 2.2(1) The registers and the membership classes within the registers are established as follows: Health profession Register Classes audiology audiologists (regulated members) full provisional restricted purpose non-practising associate audiologists (regulated associate members) inactive or retired speech-language pathology speech-language pathologists (regulated members) full provisional restricted purpose non-practising associate speech-language pathologists (regulated associate members) inactive or retired 2.2(2) The description of each class is as follows: Class Description full a regulated member who is eligible to be issued a certificate of practice provisional a regulated member who is eligible to be issued a certificate of practice but who must also undergo a period of assessment before being eligible to be a full member restricted purpose a regulated member who is eligible to be issued a certificate of practice for an authorized restricted purpose and a limited time period non-practising a regulated member who is not currently engaged in professional practice, but who intends to become so engaged at a later date inactive or retired a regulated associate member who is not currently eligible for a certificate of practice and who does not intend to become engaged in professional practice at a later date Register information 2.3 A register must contain the information set out in subsection 28(1) or (2) of the Act, as the case may be. A register must also contain the following applicable information for each member: (a) the registration date; (b) the name of the educational institution from which the member graduated and the graduation date; (c) whether the member holds a valid certificate of practice; (d) whether the member holds an advanced competency certificate; (e) whether the member holds a hearing aid dealer licence; (f) any cancellation of a member's certificate of practice as permitted under section 48 or 49 of the Act; (g) any censure accepted by the member under section 102 of the Act and a description of the circumstances that led to the acceptance of the censure; (h) any voluntary surrender of the member's certificate of practice accepted under section 102 of the Act and, if applicable, any direction given under section 105 of the Act to the member that he or she do one or more of the following to the satisfaction of a specified person or committee before the member's certificate may be reinstated: (i) take counselling or receive treatment, (ii) complete a specified course of studies, (iii) obtain supervised experience under a restricted certificate of practice issued for that purpose; (i) any undertaking from or agreement with a member, including an undertaking accepted under section 102 of the Act, that provides for one or more of the following: (i) an assessment of the member's capacity or fitness to practice the regulated health profession, (ii) counselling or treatment of the member, (iii) monitoring or supervision of the member's practice, (iv) completion by the member of a specified course of studies by way of remedial training, (v) the placement of one or more conditions on the member's right to engage in professional practice, which may include the conditions relating to reinstatement set out in section 106 of the Act; (j) any suspension of a member's registration or certificate of practice as permitted by section 110 or subsection 127(3) of the Act. What information is available to the public? 2.4 Subsections 28(3) and (4) of the Act set out what information is to be made available to the public. In addition, the following information must be made available to the public during normal business hours: (a) the information described in clauses 2.3(a) to (e); (b) the information about the cancellation described in clause 2.3(f), if the member has not had his or her certificate of practice reinstated or been issued a new certificate of practice; (c) the information described in clause 2.3(g), if the censure was accepted by the member in the current calendar year or the 10 previous calendar years; (d) the information about a voluntary surrender described in clause 2.3(h) (other than any directions), if the member has not had his or her certificate of practice reinstated or been issued a new certificate of practice; (e) the information described in subclause 2.3(i)⁠(v), if the undertaking or agreement is in effect; (f) the information described in clause 2.3(j) — not including information about the provision under which the member was suspended or reasons for the suspension — if the suspension is in effect. REGISTRATION REQUIREMENTS Contents of application 2.5 A person who wishes to be registered as a member must submit the following to the registrar: 1. A signed application in the approved form. 2. The fees provided for in the by-laws. 3. Satisfactory proof of identity and current legal name. 4. Evidence of good standing in each jurisdiction in Canada or elsewhere in which he or she is or has been registered or licensed to practise audiology or speech-language pathology. 5. A satisfactory criminal record check, a satisfactory child abuse registry check and a satisfactory adult abuse registry check. 6. In the case of a person applying to be registered as a regulated member, evidence that he or she meets the requirements for registration set out in (a) subsection 32(1) of the Act; (b) section 2.6; and (c) section 2.7, 2.8, 2.9 or 2.10, depending on the membership class for which he or she is applying. 7. In the case of a person applying to be registered as a regulated associate member, evidence that he or she meets the requirements for registration set out in section 2.11. 8. Information as to whether (a) the person is the subject of a current investigation or proceeding relating to the applicant's suitability to practise a health profession in Canada or elsewhere; (b) the person is or has been the subject of a finding of conduct unbecoming, or professional misconduct or incompetence related to the practice of a health profession, in Canada or elsewhere; (c) the person is or has been the subject of a finding of professional negligence or malpractice in Canada or elsewhere; (d) the person has any current conditions, or had previous conditions, placed on his or her ability to practise a health profession in Canada or elsewhere; (e) the person is or has been the subject of a denial of an application to practise a health profession in Canada or elsewhere; and (f) the person has outstanding charges in respect of an offence that is relevant to the person's suitability to practise a health profession. 9. Any other information requested by the registrar. Registration requirements — regulated members 2.6 For the purpose of clause 32(1)⁠(g) of the Act, an applicant for registration as a regulated member must also (a) establish that he or she meets the English or French fluency criteria established by the council; (b) establish that he or she does not have a physical or mental condition or disorder, including an addiction to alcohol or drugs, that may impair his or her ability to engage in professional practice in a safe and effective manner, and that makes it desirable in the public interest that he or she not engage in professional practice; (c) establish that his or her past and present conduct affords reasonable grounds for the belief that the applicant will engage in professional practice competently and with decency, integrity and honesty and in accordance with the law; and (d) be legally entitled to work in Canada. Additional registration requirement for full membership 2.7 An applicant for registration as a full member must also establish either one of the following: (a) he or she is registered as a provisional member and has received notice under subsection 2.19(2) from the registrar that the assessment requirements have been met; (b) he or she practised in another jurisdiction as an audiologist or speech-language pathologist, as the case may be, for at least 750 hours in the three years before the application date. Additional registration requirements for provisional membership 2.8(1) An applicant for registration as a provisional member must also establish either one of the following: (a) he or she graduated from an approved education program within three years before the application date; (b) he or she (i) graduated from an approved education program three years or more before the application date, and (ii) successfully completed an approved refresher education course or examination within three years before the application date. 2.8(2) The applicant must also (a) enter into a written agreement with a mentor; and (b) provide a signed copy of the agreement to the registrar. Additional registration requirements for restricted purpose membership 2.9 An applicant for registration as a restricted purpose member must also (a) establish that he or she is registered or licensed as a full, practising audiologist or speech-language pathologist, as the case may be, in good standing in another jurisdiction in Canada or elsewhere; (b) establish that he or she practised in that jurisdiction as an audiologist or speech-language pathologist, as the case may be, for at least 750 hours in the three years before the application date; and (c) give the registrar a signed declaration that he or she will have direct client contact only for one or more of the following purposes: (i) to conduct a training course or clinical presentation related to professional practice, (ii) to conduct or engage in a research program related to the professional practice, (iii) to demonstrate equipment or techniques to be used in clinical care related to professional practice, (iv) to engage in professional practice for any other approved purpose. Additional registration requirements for non-practising membership 2.10 An applicant for registration as a non-practising member must also (a) establish that he or she was registered as a full member in good standing immediately before applying for registration as a non-practising member; and (b) give the registrar a signed declaration that he or she (i) does not intend, at the time of applying for membership, to engage in professional practice in Manitoba as a non-practising member, but does intend to do so at a later date, and (ii) will participate in the continuing competency program for non-practising members under Part 6. Registration requirements — regulated associate member 2.11 For the purpose of section 33 of the Act, an applicant for registration as a regulated associate member must (a) establish that he or she was registered as a full member or a non-practising member in good standing immediately before applying for registration as a regulated associate member; and (b) give the registrar a signed declaration that he or she does not intend, at the time of applying, to engage in professional practice in Manitoba at a later date. Labour mobility 2.12 For greater certainty, subsection 32(3) of the Act applies to sections 2.5 to 2.11. PROVISIONAL MEMBERSHIP Membership period 2.13(1) Subject to subsection 2.20(4), a person may be registered as a provisional member for a period of at least six months but not more than 12 months. 2.13(2) Despite subsection (1), the registrar may extend that period for up to an additional 24 months if (a) the member applies in writing for an extension before the initial time period referred to in subsection (1) expires and sets out the reasons for the extension request; and (b) either one of the following occurs: (i) the registrar determines that there are exceptional or extenuating circumstances that merit an extension, (ii) the registrar determines that the member is unable to successfully complete the assessment requirements to the registrar's satisfaction, the member's mentor agrees to participate in a plan to remedy the deficiencies, and the registrar approves that plan. 2.13(3) The extension may be made subject to any conditions that the registrar considers advisable. 2.13(4) The registrar must (a) promptly give the provisional member written notice of his or her determination under this section; and (b) if the requested extension is not granted or is granted subject to conditions, give the provisional member written reasons for making that determination and advise the provisional member of the right to appeal the decision to the council. 2.13(5) If the requested extension is not granted or is granted subject to conditions, the provisional member may, after receiving the notice under subsection (4), appeal the matter to the council. Sections 38 and 39 of the Act apply, with necessary changes and the changes set out in subsection (6), to an appeal. 2.13(6) For the purpose of an appeal under subsection (5), the following provisions of section 38 of the Act are to be read as follows: (a) in subsection 38(2), "30 days" is to be read as "15 days"; (b) in subsection 38(3), "90 days" is to be read as "60 days"; (c) in subsection 38(9), "90 days" is to be read as "30 days". Mentor requirements 2.14 To be eligible to act as a mentor, a person must (a) be a full member of the same health profession as the provisional member for at least one year; (b) hold a valid certificate of practice at all times while acting as a mentor; and (c) be approved by the registrar. Mentorship agreement 2.15(1) A provisional member and his or her mentor must enter into a written agreement (in the approved form) in which the mentor agrees to (a) act as the provisional member's mentor; and (b) assess the provisional member's competency to engage in professional practice and provide that assessment to the registrar. 2.15(2) If the agreement between the provisional member and his or her mentor ends before the assessment is completed, the member must enter into a written agreement (in the approved form) with another mentor within 60 days after the mentor ceases to act. The member must promptly submit the new agreement to the registrar. Written assessment plan 2.16(1) A provisional member and his or her mentor must submit an assessment plan (in the approved form) to the registrar within 30 days after the provisional member receives his or her certificate of practice. 2.16(2) The provisional member must meet the requirements of the assessment plan during the membership period. 2.16(3) If the mentor ceases to act as the provisional member's mentor before the assessment plan requirements are met, the member must submit to the registrar a new assessment plan (in the approved form) that is entered into with another mentor. 2.16(4) The plan referred to in subsection (3) must be submitted within 15 days after the new mentor agrees to act. The registrar may extend this time limit in appropriate circumstances. Activities to be completed 2.17(1) To establish his or her competency to engage in professional practice, a provisional member must complete at least 50 hours of activities approved by the registrar and assessed by his or her mentor. At least 25 of those hours must be mentor observation of the provisional member's activities in a clinical setting. 2.17(2) The provisional member must complete the activities at regular intervals throughout the assessment period. 2.17(3) The provisional member must complete the activities in each clinical setting in which the provisional member intends to practise as a full member. Interim evaluation report 2.18 At the registrar's request, a provisional member and his or her mentor must complete one or more interim evaluation reports in the approved form and submit them to the registrar. Final evaluation report 2.19(1) At the end of the assessment period, a provisional member and his or her mentor must complete the final evaluation report in the approved form and submit it to the registrar. 2.19(2) After reviewing a final evaluation report, the registrar must notify the provisional member and his or her mentor in writing whether the assessment requirements have been met. 2.19(3) A provisional member who is notified that the assessment requirements have not been met may appeal that decision to the council. Sections 38 and 39 of the Act apply with necessary changes. Time period to apply for full membership 2.20(1) If a provisional member wishes to apply to become a full member, he or she must do so within 90 days after receiving the registrar's notice under section 2.19 that the member has successfully completed the assessment requirements. 2.20(2) If the provisional member does not apply within the 90-day period, his or her provisional membership is cancelled under section 2.22. 2.20(3) Despite subsection (2), the provisional member may request an extension of the time period for applying to be a full member if (a) the member applies in writing for an extension before the 90-day period expires and sets out the reasons for the extension request; and (b) the registrar determines that there are exceptional or extenuating circumstances that merit an extension. 2.20(4) The provisional membership period under section 2.13 is extended to include the 90-day period and any extension granted under subsection (3). Cancellation — no mentorship agreement 2.21(1) The registrar may cancel a provisional member's registration if there is no mentorship agreement in place. 2.21(2) If a mentor is unable or unwilling to continue acting as a mentor to a provisional member and the member is unable to enter into another mentorship agreement within 60 days after the mentor has ceased to act, then the registrar may cancel the provisional member's registration. Cancellation for other reasons 2.22 A provisional member's registration is cancelled if either of the following occurs: (a) he or she does not satisfactorily complete the assessment program within the 12-month membership period or extended time period, if granted; (b) he or she satisfactorily completes the assessment program within the applicable time period but does not apply to become a full member within the time period specified in or extended under section 2.20. RESTRICTED PURPOSE MEMBERSHIP Membership period 2.23 A person may be registered as a restricted purpose member for a period of not more than 12 consecutive months. Cancellation 2.24 The registrar may cancel a restricted purpose member's registration (a) at the end of the 12-month membership period; (b) before the 12-month membership period ends when the registrar receives written notice from the member that the purpose or purposes for which the registration was granted have been fulfilled; or (c) when the member has ceased to be registered as a full, practising audiologist or speech-language pathologist, as the case may be, in good standing in another jurisdiction in Canada or elsewhere. CHANGING MEMBERSHIP CLASSES Provisional member becoming full member 2.25 A provisional member is entitled to become a full member if he or she (a) applies in the approved form within the time period specified in section 2.20; (b) pays the fee provided for in the by-laws; and (c) establishes that he or she meets the requirement in clause 2.7(a). Non-practising member becoming full member 2.26(1) A non-practising member is entitled to become a full member if he or she (a) applies in the approved form; (b) pays the fee provided for in the by-laws; and (c) establishes that he or she has met the continuing competency requirements for non-practising members in Part 6. 2.26(2) If the non-practising member has been such a member for three or more years before the application date, he or she must meet, at the registrar's discretion, either one or both of the following re-entry to practice requirements: (a) the member must undergo a period of mentorship; (b) the member must successfully complete any approved examinations, tests, assessment, training or education that the registrar considers necessary to determine that the member is competent to engage in professional practice. This is in addition to the requirements set out in subsection (1). Full member becoming non-practising member 2.27 A full member is entitled to become a non-practising member if he or she (a) applies in the approved form before he or she ceases to practise; (b) pays the fee provided for in the by-laws; and (c) gives the registrar a signed declaration that he or she (i) intends, at the time of applying, to return to professional practice in Manitoba at a later date, (ii) will not engage in professional practice in Manitoba while registered as a non-practising member, and (iii) will participate in the continuing competency program for non-practising members under Part 6. Full or non-practising member becoming inactive or retired member 2.28 A full member or a non-practising member is entitled to become an inactive or retired member if he or she (a) applies in the approved form; (b) pays the fee provided for in the by-laws; and (c) meets the requirements in section 2.11 (registration requirements — regulated associate member). Restricted purpose member becoming full member 2.29 A restricted purpose member who wishes to become a full member must apply for provisional membership or, if he or she meets the requirement in clause 2.7(b), full membership. Regulated associate member becoming regulated member 2.30 A regulated associate member who wishes to become a regulated member must apply for provisional membership. CONTINUING OBLIGATIONS Obligation to submit information if there has been a change 2.31 If there is a change in the information provided by a regulated member under items 3 to 9 of section 2.5, the member must promptly submit the new information to the registrar. Checks to be provided every five years 2.32 A regulated member must provide the registrar with a satisfactory criminal record check, a satisfactory child abuse registry check and a satisfactory adult abuse registry check every five years after he or she is registered. Registrar may request additional checks 2.33 If, at any time before the end of the five-year period described in section 2.32 or the cancellation of the membership of a restricted purpose member, the registrar receives information that causes the registrar to believe that the regulated member may pose a risk to the public or may be unable to engage in professional practice, the registrar may require the member to provide an additional satisfactory criminal record check or child abuse registry check or adult abuse registry check. PART 3 PRACTICE Overview 3.1 A certificate of registration does not entitle a member to engage in professional practice. To do so, a member must also hold a certificate of practice. This Part supplements the requirements in the Act for a certificate of practice. This Part also deals with authorized titles and abbreviations and the requirement for professional liability insurance. Certificate of practice 3.2(1) A non-practising member who wishes to obtain a certificate of practice must first change his or her membership class in accordance with section 2.26. 3.2(2) An inactive or retired member who wishes to obtain a certificate of practice must become a provisional member. Requirements for issuing certificate of practice 3.3(1) For the purpose of clause 40(1)⁠(e) of the Act, an applicant must provide the following information to the registrar in the approved form: (a) a satisfactory criminal record check, a satisfactory child abuse registry check and a satisfactory adult abuse registry check; (b) evidence that he or she meets the requirements for a certificate of practice set out in subsection 40(1) of the Act and subsection 3.3(2) of this regulation; (c) information as to whether (i) the person is the subject of a current investigation or proceeding relating to the applicant's suitability to practise a health profession in Canada or elsewhere, (ii) the person is or has been the subject of a finding of conduct unbecoming, or professional misconduct or incompetence related to the practice of a health profession, in Canada or elsewhere, (iii) the person is or has been the subject of a finding of professional negligence or malpractice in Canada or elsewhere, (iv) the person has any current conditions or had any previous conditions placed on his or her ability to practise a health profession in Canada or elsewhere, (v) the person is or has been the subject of a denial of an application to practise a health profession in Canada or elsewhere, and (vi) the person has outstanding charges in respect of an offence that is relevant to the person's suitability to practise a health profession; (d) any other information requested by the registrar. 3.3(2) For the purpose of clause 40(1)⁠(f) of the Act, the applicant must establish (a) that he or she does not have a physical or mental condition or disorder, including an addiction to alcohol or drugs, that may impair his or her ability to engage in professional practice in a safe and effective manner, and that makes it desirable in the public interest that he or she not engage in professional practice; (b) that his or her past and present conduct affords reasonable grounds for the belief that the applicant will engage in professional practice competently and with decency, integrity and honesty and in accordance with the law; and (c) that he or she has not been convicted of an offence that is relevant to his or her suitability to engage in professional practice. Expiry of certificate 3.4(1) Subject to subsection 46(3) of the Act, a certificate of practice is valid from the date it is issued or renewed until December 31 of the year for which it is issued or renewed. 3.4(2) Despite subsection (1), a certificate of practice is no longer valid if the full, provisional or restricted purpose member ceases to be registered as such a member. Cancellation 3.5(1) A provisional member's certificate of practice may be cancelled at any time during the year for the following reasons: (a) there is no mentorship agreement in place; (b) the mentor is unable or unwilling to continue acting as a mentor and a mentorship agreement with another mentor has not been entered into within 60 days after the mentor has ceased to act. 3.5(2) The registrar may cancel a restricted purpose member's certificate of practice (a) before the 12-month membership period ends if the registrar receives written notice from the member that the purpose or purposes for which the registration was granted have been fulfilled; or (b) if the member has ceased to be registered as a full, practising audiologist or speech-language pathologist, as the case may be, in good standing in another jurisdiction in Canada or elsewhere. 3.5(3) When a member's certificate of practice is cancelled, the person must promptly surrender the certificate to the registrar. 3.5(4) For other provisions about cancellation of a certificate of practice, see sections 48 to 52 of the Act. Renewal requirements 3.6(1) For the purpose of clause 46(1)⁠(c) of the Act, the requirements for renewal of a certificate of practice are as follows: (a) the applicant meets the requirements under subsection 40(1) of the Act and section 3.3 of this regulation; (b) the applicant meets the continuing competency requirements under Part 6; (c) subject to subsection (2), an applicant who is a full member engages in professional practice for 1250 hours within the five-year period immediately before the renewal application is made, of which 410 hours are spent providing direct client services as set out in the practice directions. 3.6(2) An applicant who is a full member must provide evidence that he or she meets the requirement in clause (1)⁠(c) with his or her application to renew a certificate of practice that is effective as of January 1, 2019 and every renewal application after that. 3.6(3) If an applicant fails to meet a requirement of clause (1)⁠(b) or (c) or of subsection (2), the registrar may (a) require the applicant to meet either one or both of the following: (i) undergo a period of mentorship, (ii) successfully complete any approved examinations, tests, assessment, training or education that the registrar considers necessary to establish that the member is competent to engage in professional practice; and (b) renew his or her certificate of practice subject to any conditions that the registrar considers advisable. 3.6(4) If the registrar renews the certificate of practice of an applicant who fails to meet the requirements of clause (1)⁠(b), the certificate must be subject to any conditions that the Continuing Competency Committee has directed the registrar to impose under subsection 6.13(1), for the period specified under subsection 6.13(1), or, if part of that period has elapsed, for the remaining portion of the period. These conditions are in addition to any requirements or conditions that may be imposed under subsection (3). Labour mobility 3.7 Sections 3.2 to 3.6 are subject to the obligations of the college under subsection 3(1) of The Labour Mobility Act . Conditions on certificate of practice 3.8(1) It is a condition of each provisional member's certificate of practice that he or she has a mentor. 3.8(2) It is a condition of each restricted purpose member's certificate of practice that he or she engage in professional practice (including the performance of reserved acts and specialized health care services) only as authorized by the registrar. Titles and abbreviations 3.9(1) A person who is registered as an audiologist is entitled to use (a) the title "Audiologist" and the abbreviation "Aud."; (b) the title "Registered Audiologist" and the abbreviation "R. Aud."; and (c) the equivalent of those titles and abbreviations in another language. 3.9(2) No person other than a person who is registered as an audiologist shall use any of the titles or abbreviations listed in subsection (1) or a variation of any of those titles and abbreviations, alone, or in combination with other words, in a manner that states or implies that the person is an audiologist. 3.9(3) A person who is registered as a speech-language pathologist is entitled to use (a) the title "Speech-Language Pathologist", the abbreviation "SLP", the title "Registered Speech-Language Pathologist" and the abbreviation "RSLP"; (b) the title "Speech Therapist", the abbreviation, "ST", the title "Registered Speech Therapist" and the abbreviation "RST"; (c) the title "Speech-Language Therapist", the abbreviation "SLT", the title "Registered Speech-Language Therapist" and the abbreviation "RSLT"; (d) the title "Speech-Language Clinician", the abbreviation "SLC", the title "Registered Speech-Language Clinician" and the abbreviation "RSLC"; and (e) the equivalent of those titles and abbreviations in another language. 3.9(4) No person other than a person who is registered as a speech-language pathologist shall use any of the titles or abbreviations listed in subsection (3) or a variation of any of those titles and abbreviations, alone, or in combination with other words, in a manner that states or implies that the person is a speech-language pathologist. 3.9(5) Only a regulated member who holds a valid certificate of practice is entitled to use the term "licensed" or a variation or abbreviation of it or its equivalent in another language to describe his or her professional practice. 3.9(6) Only a full or restricted purpose member who holds an advanced competency certificate may use the term "certified" or a variation or abbreviation of it or its equivalent in another language as permitted by section 4.13. Indicating membership class 3.10 When using a title or abbreviation or both, the following members must also indicate their class of membership: 1. A non-practising member must include the term "(Non-Practising)", or its equivalent in another language, immediately after the applicable title or abbreviation. 2. A restricted purpose member must include the term "(Restricted Purpose)", or its equivalent in another language, immediately after the applicable title or abbreviation. 3. An inactive or retired member must include the term "(Inactive)" or the abbreviation "Inact." or the term "(Retired)" or the abbreviation "(Ret.)", as the case may be, or their equivalent in another language, immediately after the applicable title or abbreviation. Insurance 3.11(1) A regulated member who holds a certificate of practice must (a) be covered by liability insurance of an approved type to a minimum of $2 million for each occurrence or claim; and (b) promptly notify the registrar if he or she is no longer covered by the required liability insurance. 3.11(2) If the regulated member is no longer covered by the required liability insurance, his or her certificate of practice is cancelled. At the time of notifying the registrar under clause (1)⁠(b), the member must also promptly surrender the certificate of practice to the registrar. Obligation to submit information if there has been a change 3.12 If there is a change in the information provided by a regulated member under clause 3.3(1)⁠(b), (c) or (d), the member must promptly submit the new information to the registrar. PART 4 SPECIALIZED HEALTH CARE SERVICES AND RESERVED ACTS Overview 4.1 Certain specialized health care services may be performed only if a member holds an advanced competency certificate issued under this Part. Restrictions on performing certain reserved acts are set out in this Part. They are in addition to the restrictions set out in Part 2 of the Act. The reserved acts that form part of the scope of practice of audiology and of speech-language pathology are set out in the Practice of Audiology and Practice of Speech-Language Pathology Regulation . This Part also includes the rules for supervising and delegating the performance of reserved acts. ADVANCED COMPETENCY CERTIFICATE Specialized health care services 4.2(1) The specialized health care services for the practice of audiology are (a) vestibular assessment and management; and (b) cochlear implant management. 4.2(2) The specialized health care services for speech-language pathology are (a) fibreoptic endoscopic evaluation and management of voice disorders; (b) fibreoptic endoscopic evaluation and management of swallowing disorders; (c) voice restoration through the use of voice prostheses; (d) swallowing and voice restoration through the use of tracheotomy tubes or speaking valves; (e) videofluoroscopic assessment of adult swallowing disorders; and (f) videofluoroscopic assessment of pediatric swallowing disorders. 4.2(3) A specialized health care service may involve the performance of one or more reserved acts. Performing specialized health care services 4.3(1) A full or restricted purpose member may provide a specialized health care service only if he or she holds an advanced competency certificate in that health care service. 4.3(2) Despite subsection (1), a full or restricted purpose member who is working to complete a course or program of study for a specialized health care service may provide that service but only if he or she is supervised while doing so in accordance with section 4.23. 4.3(3) A provisional member may provide a specialized health care service only if he or she is supervised while doing so in accordance with section 4.24. Who may hold an advanced competency certificate? 4.4 The only members who are permitted to hold an advanced competency certificate are full members and restricted purpose members. Requirements 4.5 A full or restricted purpose member who wishes to hold an advanced competency certificate in a particular specialized health care service must (a) apply in the approved form; (b) pay the fee provided for in the by-laws; (c) hold a valid certificate of practice; and (d) establish that he or she has successfully completed the approved education and training requirements and has met, to the registrar's satisfaction, the approved competency requirements for the specialized health care service. Conditions placed on certificate 4.6 The registrar may issue an advanced competency certificate subject to any conditions that the registrar considers advisable. Application not approved or approved subject to conditions 4.7(1) If an application for an advanced competency certificate is not approved or is approved subject to conditions, the registrar must (a) give notice to the applicant in writing, with reasons for the decision; and (b) advise the applicant of the right to appeal the decision to the council. 4.7(2) If the application is not approved or is approved subject to conditions, the applicant may appeal the decision. Sections 38 and 39 of the Act apply, with the necessary changes, to an appeal. Certificate 4.8 An advanced competency certificate issued to a full or restricted purpose member must state (a) the member's name; (b) the issuance date; (c) the expiry date; and (d) the specialized health care service that the member is certified to perform and any conditions on the performance of it. Validity 4.9(1) Unless suspended or cancelled, an advanced competency certificate held by a full member is valid for three years from the date that it is issued or renewed. 4.9(2) Unless suspended or cancelled, an advanced competency certificate held by a restricted purpose member is valid only for as long as the member's certificate of practice is valid. Producing the certificate 4.10 A holder of an advanced competency certificate must, on request, make it available for inspection. Renewal 4.11(1) An advanced competency certificate must be renewed upon application to the registrar by a full member who (a) pays the renewal fee required by the council; (b) applies within the time period set out in the by-laws; and (c) meets the continuing competency requirements in section 6.9. 4.11(2) An advanced competency certificate may be renewed subject to any conditions that the registrar considers advisable. 4.11(3) If a renewal application is received by the registrar within the time period set out in the by-laws, the advanced competency certificate continues in force until a decision on the application is made. 4.11(4) If a renewal application is not approved because the full member has not met the requirements under clause (1)⁠(a) or (b), the registrar must give notice to the member in writing with reasons for the decision not to renew the certificate. 4.11(5) If the renewal application is not approved because the full member has not met the requirements under clause (1)⁠(c), or is approved subject to conditions, the registrar must (a) give notice to the member in writing with reasons for the decision; and (b) advise the member of the right to appeal the decision to the council.

4.11(6) If the application is not approved because the full member has not met the requirements under clause (1)⁠(c), or is approved subject to conditions, the member may appeal the decision to the council. Sections 38 and 39 of the Act apply, with necessary changes, to an appeal under this section. Cancellation and reinstatement 4.12 Sections 48 to 52 of the Act apply to the cancellation and reinstatement of an advanced competency certificate, with the necessary changes. Use of "certified" 4.13(1) Only a full or restricted purpose member who holds an advanced competency certificate for the applicable specialized health care service is permitted to use the following phrases as part of his or her title: (a) Certified in Vestibular Assessment and Management; (b) Certified in Cochlear Implant Management; (c) Certified in Fibreoptic Endoscopic Evaluation and Management of Voice Disorders; (d) Certified in Fibreoptic Endoscopic Evaluation and Management of Swallowing Disorders; (e) Certified in Voice Restoration (Voice Prostheses); (f) Certified in Swallowing and Voice Restoration (Tracheotomy Tubes and Speaking Valves); (g) Certified in Videofluoroscopic Assessment of Adult Swallowing Disorders; (h) Certified in Videofluoroscopic Assessment of Pediatric Swallowing Disorders. 4.13(2) A full or restricted purpose member who holds an advanced competency certificate must not use any other phrase or designation to describe the certification. Transitional 4.14(1) A full member is exempt from the requirement in clause 4.5(d) if the member establishes, to the registrar's satisfaction, that he or she (a) has the training and experience necessary to competently perform the specialized health care service; and (b) has provided that service as a regular part of his or her professional practice before the day this section comes into force. 4.14(2) This section expires one year after it comes into force. RESERVED ACTS Hearing aid dealer licence required 4.15 In practising audiology, an audiologist who is a regulated member may prescribe, dispense or fit a wearable hearing instrument only if he or she also holds a valid licence to engage in the practice of a hearing aid dealer issued under The Hearing Aid Act or is exempt from the requirement to be licensed under that Act. Reserved acts performed by full members 4.16(1) In practising audiology, an audiologist who is a full member may perform the reserved acts for the practice of audiology as permitted by the Practice of Audiology and Practice of Speech-Language Pathology Regulation . But he or she may perform those reserved acts while providing a specialized health care service only if he or she also holds an advanced competency certificate for that service or is supervised in accordance with section 4.23. 4.16(2) In practising speech-language pathology, a speech-language pathologist who is a full member may perform the reserved acts for the practice of speech-language pathology as permitted by the Practice of Audiology and Practice of Speech-Language Pathology Regulation . But he or she may perform those reserved acts while providing a specialized health care service only if he or she also holds an advanced competency certificate for that service or is supervised in accordance with section 4.23. Reserved acts performed by provisional members 4.17(1) In practising audiology, an audiologist who is a provisional member may perform the reserved acts for the practice of audiology as permitted by the Practice of Audiology and Practice of Speech-Language Pathology Regulation . 4.17(2) In practising speech-language pathology, a speech-language pathologist who is a provisional member may perform the reserved acts for the practice of speech-language pathology as permitted by the Practice of Audiology and Practice of Speech-Language Pathology Regulation . 4.17(3) Despite subsections (1) and (2), a provisional member may perform those reserved acts while providing a specialized health care service only if he or she is supervised in accordance with section 4.24. Reserved acts performed by restricted purpose members 4.18(1) An audiologist who is a restricted purpose member may perform those reserved acts for the practice of audiology that are permitted by the Practice of Audiology and Practice of Speech-Language Pathology Regulation but only if authorized to do so by the registrar. 4.18(2) A speech-language pathologist who is a restricted purpose member may perform those reserved acts for the practice of speech-language pathology that are permitted by the Practice of Audiology and Practice of Speech-Language Pathology Regulation but only if authorized to do so by the registrar. 4.18(3) If a reserved act is performed as part of a specialized health care service, the restricted purpose member must also hold an advanced competency certificate for that service or be supervised in accordance with section 4.23. DELEGATION Delegating a reserved act 4.19(1) A regulated member may delegate the performance of a reserved act listed in Table 1 or 2 of the Practice of Audiology and Practice of Speech-Language Pathology Regulation , as the case may be, to a person referred to in section 6 of the Act only if the regulated member (a) is legally permitted and competent to perform the reserved act being delegated; (b) is satisfied on reasonable grounds that the person accepting the delegation is competent to perform the reserved act; (c) is satisfied on reasonable grounds that it is safe and appropriate for the person accepting the delegation to perform the reserved act; (d) is readily available for consultation while the person accepting the delegation performs the reserved act; and (e) completes a written delegation agreement and documents it in the client's record. 4.19(2) Despite subsection (1), a regulated member must not delegate (a) reserved act 1 listed in Table 1 or 2 of the Practice of Audiology and Practice of Speech-Language Pathology Regulation ; and (b) a reserved act listed in Table 1 or Table 2 of the Practice of Audiology and Practice of Speech-Language Pathology Regulation that is performed as part of a specialized health care service. 4.19(3) Despite subsection (1), an audiologist must not delegate reserved act 16 (prescribing, dispensing or fitting a wearable hearing instrument) listed in Table 1 of the Practice of Audiology and Practice of Speech-Language Pathology Regulation. 4.19(4) For the purpose of clause (1)⁠(b), a person is considered to be competent to perform a reserved act if he or she has the requisite knowledge, skill and judgment to perform the act. Accepting a delegated reserved act 4.20(1) A regulated member may accept a delegation of the performance of a reserved act referred to in subsection (2) or (3), as the case may be, only if (a) the person who makes the delegation (i) is a member of another regulated health profession, (ii) is legally permitted and competent to perform the reserved act being delegated, and (iii) is available for consultation during the performance of the reserved act by the regulated member under the delegation; and (b) the regulated member who accepts the delegation (i) holds a valid certificate of practice, (ii) is competent to perform the reserved act, (iii) is satisfied on reasonable grounds that it is safe and appropriate to perform the reserved act, and (iv) completes a written delegation agreement and documents it in the client's record. 4.20(2) For the purpose of subsection (1), an audiologist who is a regulated member may accept from a member of another regulated health profession a delegation of any of the following reserved acts: (a) any reserved act (other than reserved act 1 or 16) listed in Table 1 of The Practice of Audiology and Practice of Speech-Language Pathology Regulation for a purpose other than what is described in Column 2 of that Table; (b) reserved act 9 listed in section 4 of the Act (administering a drug or vaccine by any method other than by parenteral instillation); (c) reserved act 10(b)⁠(vii) listed in section 4 of the Act (applying or ordering the application of electricity for electromyography); (d) reserved act 10(b)⁠(ix) listed in section 4 of the Act (applying or ordering the application of electricity for nerve conduction studies). 4.20(3) For the purpose of subsection (1), a speech-language pathologist who is a regulated member may accept from a member of another regulated health profession a delegation of any of the following reserved acts: (a) any reserved act (other than reserved act 1 or 16) listed in Table 2 of The Practice of Audiology and Practice of Speech-Language Pathology Regulation for a purpose other than what is described in Column 2 of that Table; (b) reserved act 5(d) listed in section 4 of the Act (administering a substance by irrigation); (c) reserved act 9 listed in section 4 of the Act (administering a drug or vaccine by any method other than by parenteral instillation); (d) reserved act 10(e) listed in section 4 of the Act (applying or ordering the application of x-rays or other ionizing radiation for diagnostic, imaging or therapeutic purposes, including computerized axial tomography, positron emission tomography and radiation therapy); (e) reserved act 13(a) listed in section 4 of the Act (putting into the external ear canal, up to the eardrum, a substance that is under pressure). 4.20(4) Despite subsections (1) to (3), a regulated member is not permitted to accept a delegation that requires the performance of a reserved act listed in Table 1 or 2 of the Practice of Audiology and Practice of Speech-Language Pathology Regulation , as the case may be, as part of a specialized health care service. 4.20(5) For the purpose of this section, a person is considered to be competent to perform a reserved act referred to in this section if he or she has the requisite knowledge, skill and judgment to perform the act. 4.20(6) A delegation to perform a reserved act referred to in this section may not be further delegated. Contents of delegation agreement 4.21 A written delegation agreement must (a) state the name of the person who makes the delegation and his or her health profession, and the name of the regulated member who accepts it; (b) describe the delegated reserved act, provide an explanation as to why it must be performed; (c) state the duration of the agreement; (d) specify the conditions, if any, that the regulated member who makes the delegation considers appropriate; and (e) be signed and dated by the regulated member who makes the delegation and the person who accepts it. SUPERVISION Supervising students 4.22(1) A full or restricted purpose member may supervise the performance of a reserved act by an individual who is enrolled in an approved audiology or speech-language pathology education program only if the member (a) is legally permitted and competent to perform the reserved act; and (b) has at least one year of experience in performing that reserved act. 4.22(2) The supervisor must be physically present and available to assist during the individual's performance of the reserved act. 4.22(3) Despite subsection (2), the supervisor is not required to be physically present if he or she determines on reasonable grounds that the individual does not require that level of supervision. But the supervisor must be readily available for consultation while the individual performs the reserved act. Supervising full or restricted purpose members 4.23(1) As part of his or her training to become eligible for an advanced competency certificate, a full or restricted purpose member may provide a specialized health care service only if he or she is supervised while doing so by a person who meets the requirements of this section. 4.23(2) A person may supervise a full or restricted purpose member who provides a specialized health care service if that person is either (a) a full or restricted purpose member who holds an advanced competency certificate for that specialized health care service and has been approved by the registrar; or (b) another health care professional who is legally permitted and competent to perform the service. 4.23(3) The supervisor must be physically present and available to assist during the member's performance of the specialized health care service. Supervising provisional members 4.24(1) A provisional member may provide a specialized health care service only if he or she is supervised while doing so by a person who meets the requirements of this section. 4.24(2) A person may supervise a provisional member who provides a specialized health care service if that person is either (a) a full or restricted purpose member who holds an advanced competency certificate for that specialized health care service and has been approved by the registrar; or (b) another health care professional who is legally permitted and competent to perform the service. 4.24(3) The supervisor must be physically present and available to assist during the provisional member's performance of the specialized health care service. PART 5 STANDARDS OF PRACTICE Professional practice obligations 5.1 A member may engage in professional practice only if the member is legally permitted and competent to do so and only (a) in an environment that is appropriate, safe and sanitary; and (b) by effective and respectful communication with clients, including (i) communicating with a client about his or her care in a timely manner, and (ii) having sufficient dialogue with the client about his or her condition, the nature of the treatment and the treatment options, including the risks, benefits and efficacy of the options, to enable informed decision-making on the part of the client. Assessment of client needs 5.2(1) Before treating a client, a member must (a) perform an assessment of the client to determine the client's needs, including performing or reviewing any screening and other tests required; and (b) prepare a treatment plan for the client. 5.2(2) The results of the assessment and the treatment plan must be recorded or included in the client's record. Treatment plans 5.3(1) A member must prepare a client's treatment plan (a) by involving the client, any representative of the client, and any other person the client wishes to involve; and (b) as circumstances require, by working collaboratively with other health care professionals and others who provide care to the client to provide comprehensive care and avoid duplication of services. 5.3(2) The treatment plan must (a) be based on the member's assessment of the client; (b) respond to the client's needs and goals for treatment; and (c) respect the client's culture, preferences and values. Collaborative care 5.4 When a member and one or more other health care providers are involved in the health care of the client, the member must (a) treat the other health care providers with respect; (b) recognize the knowledge, skills, competencies and roles of the other health care providers and communicate effectively and appropriately with them; and (c) explain to the client the member's role and responsibility in the client's care. Treatment of clients 5.5(1) A member must (a) base the treatment of a client on the client's treatment plan; (b) monitor and evaluate the effectiveness of treatment and the client's response to it, and modify or discontinue the treatment plan and treatment, as required; (c) when necessary, involve or collaborate with other health care professionals and others providing care to the client; (d) refer the client to another health care professional when treatment or care is beyond the member's scope of professional practice or competence; and (e) when necessary, provide the client and any other appropriate person with relevant information about self-management of treatment. 5.5(2) The member must document in the client's record the treatment provided to the client and the client's response to the treatment. Ongoing evaluation 5.6 A member must (a) discuss with his or her client, and any representative of the client, changes to treatment, and, when required, prepare a revised treatment plan; (b) as required, communicate the results of a client's evaluation with other health care professionals; and (c) document, date, and sign the findings of any evaluation of the client, including changes to the treatment plan, and record the evaluation and changes to the treatment plan in the client's record. Equipment 5.7(1) A member must ensure that equipment used in his or her professional practice is (a) fit for the purpose for which it is used; and (b) maintained in good repair and in sound operating condition. 5.7(2) A member is responsible for the proper decontamination, cleaning, disinfection and sterilization of multiple-use equipment before use or reuse. Discontinuing treatment 5.8(1) A member must discontinue a client's treatment (a) when the client's goals or expected outcomes are attained; (b) if the client declines continued treatment; (c) if the client is unable to continue receiving treatment; or (d) if the member determines that there is no therapeutic benefit to continuing treatment. 5.8(2) A member may discontinue treatment if (a) the client does not comply with the member's policies about attending appointments or payment of fees; or (b) the client is physically, sexually or verbally abusive to the member or to others. Client records 5.9(1) A member must appropriately document the provision of client care in a record specific to each client. 5.9(2) A client's record must be retained by the regulated member having last custody of it for at least 10 years after the date of the last entry on the record, and client records of minors must be retained for at least 10 years after the date the minor becomes 18 years old. 5.9(3) If a client or his or her authorized representative requests that a copy of the client's records be transferred to another regulated member or to a health care professional, the member must ensure that the request is complied with as promptly as required in the circumstances but no later than 30 days after the member receives the request. 5.9(4) A reasonable transfer fee may be approved by the council. A member may charge that fee in respect of approved transfers. 5.9(5) The obligations under this section are in addition to any other requirements relating to client records under the Act, The Personal Health Information Act , and any other enactment, by-law, standard of practice, code of ethics and practice direction with which a member must comply. Notice when closing or leaving practice 5.10(1) A member must give his or her clients and the college at least 30 days' written notice of the member's intention to close or change the location of his or her practice, cease to engage in or take a leave of absence from his or her professional practice. 5.10(2) The notice must include information about where the client records are to be located and how copies of the records can be obtained from or transferred to another regulated member, health care professional, or trustee under The Personal Health Information Act in Manitoba. 5.10(3) The registrar may waive or vary the requirements under this section in exceptional or extenuating circumstances. 5.10(4) This section does not apply if the client records are maintained by a trustee who employed or engaged the regulated member in his or her professional practice. 5.10(5) This section does not apply if the member engages in professional practice as an employee or independent contractor and the client records are transferred to a regulated member, or another health care professional, who is either an employee of the same employer, or engaged by the same person, at the same practice location and with the same telephone number as that member. Storing, accessing and disposing of client records 5.11(1) A member who closes or changes the location of his or her practice or ceases to engage in or takes a leave of absence from professional practice must (a) ensure the secure storage of any client records for the remainder of the retention period required by subsection 5.9(2) and, as required, ensure the destruction of the information in accordance with The Personal Health Information Act ; (b) either (i) ensure that clients will have a reasonable opportunity to obtain copies of their records as required under The Personal Health Information Act , or (ii) transfer the records to another regulated member, health care professional or a trustee under The Personal Health Information Act , as required by subsection 5.9(3) and under The Personal Health Information Act ; and (c) give the college (i) a copy of the notice provided to clients, (ii) information about how the notice was provided to clients, and (iii) a description of the arrangements that have been made for protecting, securely storing or disposing, or accessing client records. 5.11(2) The obligations under this section are in addition to any other requirements relating to client records under the Act, The Personal Health Information Act , and any other enactment, by-law, standard of practice, code of ethics and practice direction with which a member must comply. Use of support persons 5.12(1) In this section, "support person" means an individual who assists a member in professional practice. 5.12(2) A member who employs, engages or uses a support person must (a) be satisfied on reasonable grounds that the support person is competent to provide the assistance; (b) be satisfied on reasonable grounds that it is appropriate to use that person to provide the assistance; and (c) supervise the assistance provided. 5.12(3) For the purpose of clause (2)⁠(a), a person is considered to be competent to provide the assistance, including performing a reserved act, if he or she has the requisite knowledge, skill and judgment to do so. 5.12(4) To avoid doubt, a support person may perform a reserved act but only if the performance is delegated in accordance with section 4.19. Practice directions 5.13 Nothing in this Part limits or restricts the council from issuing practice directions under section 85 of the Act to enhance, explain, add to or guide members with respect to the subject matters described in this regulation or any other subject matter relevant to professional practice. PART 6 CONTINUING COMPETENCY Overview 6.1 Subsection 87(1) of the Act requires the council to establish a continuing competency program to maintain the competency of members and to enhance the practice of audiology and the practice of speech-language pathology. Definitions 6.2 The following definitions apply in this Part. "Continuing Competency Committee" means the committee established by the council under section 6.3. (« Comité de la formation continue ») "self-assessment form" means the self-assessment form issued by the Continuing Competency Committee. (« formulaire d'auto-évaluation ») Continuing Competency Committee 6.3(1) The council must establish a committee — the Continuing Competency Committee — that is composed of the following members: (a) two audiologists, both of whom are regulated members (other than restricted purpose members) and one of whom must be a council member; (b) two speech-language pathologists, both of whom are regulated members (other than restricted purpose members) and one of whom must be a council member; (c) two public representatives, both of whom are council members. 6.3(2) The Continuing Competency Committee must (a) administer the continuing competency program, including issuing the self-assessment form; (b) identify measures that promote continuing competency and continuing quality improvement in the provision of health care; (c) submit an annual report to the council that includes information about the continuing competency program and the participation of regulated members in the program and any other information that the council requests; and (d) perform any other activities related to continuing competency as requested by the council. Requirement to comply 6.4(1) A regulated member must participate in the continuing competency program as required by this Part. 6.4(2) Despite subsection (1), this Part does not apply to a restricted purpose member. Continuing competency program 6.5 The continuing competency program for regulated members consists of (a) a self-assessment process; (b) continuing competency activities; and (c) advanced competency certificate activities for those members who hold those certificates. Continuing competency activities 6.6 In a three-year period, a regulated member must complete 45 credit hours of continuing competency activities that meet approved requirements to develop or maintain competency in his or her practice. The activities may include the following: (a) attendance at conferences, conventions, workshops and lectures related to professional practice that meet approved requirements; (b) participation as a student or lecturer of university and college courses relating to his or her professional practice; (c) writing articles for professional publications that meet approved requirements; (d) any other approved activities. Self-assessment process 6.7(1) Each year, a regulated member must complete the approved self-assessment form. 6.7(2) On request, the regulated member must submit the completed form to the Continuing Competency Committee or the registrar. Records 6.8 A regulated member must maintain records of the following: (a) each completed self-assessment form for the current year and the previous two years; (b) a record of each continuing competency activity completed within the current year and the previous two years; (c) if applicable, a record of each advanced continuing competency activity completed within the current year and the previous two years. On request, the regulated member must submit copies of the records to the Continuing Competency Committee or the registrar. Continuing competency for advanced competency certificate holders 6.9 A full member who holds an advanced competency certificate must successfully complete at least four hours of competency activities in the certified specialized health care service that meet approved requirements before the certificate's expiry or renewal date. The activities may include any of the activities referred to in section 6.6. Oral or written test may be required 6.10 The Continuing Competency Committee may require a regulated member to take an oral or written test related to the regulated member's practice. Practice audit 6.11(1) For the purpose of the continuing competency program, a full member may be required to undergo a practice audit in the following circumstances: (a) the member is randomly selected by the Continuing Competency Committee; (b) the member fails to complete the number of hours of continuing competency activities as required by section 6.6 or 6.9; (c) the member fails to submit a completed self-assessment form as required by section 6.7; (d) the member fails to maintain records as required by section 6.8. 6.11(2) The practice auditor must assess the full member's practice and prepare a report and recommendations respecting the member's competency to practice with or without conditions or with directions as permitted by sections 6.12 and 6.13. The auditor must then submit the report and recommendations to the Continuing Competency Committee and provide the member with a copy of it. What may the committee do after receiving a report? 6.12(1) After receiving an audit report, the Continuing Competency Committee may decide that no further action is required. Or if it finds that the full member has deficiencies in his or her competency, the committee may direct the member to (a) complete an approved refresher course to its satisfaction; (b) acquire equipment that, in the committee's opinion, is usual or necessary to engage in professional practice; or (c) take any other action that it considers necessary to address the deficiencies in the member's practice. 6.12(2) The Continuing Competency Committee may also direct an auditor to conduct a follow-up review of the full member's competency. 6.12(3) The full member must report to the Continuing Competency Committee about his or her progression as required by the committee. Imposing conditions on certificate of practice 6.13(1) If the Continuing Competency Committee is of the opinion that the full member has not remedied the deficiencies in his or her competency, it may direct the registrar to impose conditions on the member's certificate of practice for a period of up to six months, and the registrar must comply with the direction. 6.13(2) Before directing the registrar to do so, the Continuing Competency Committee must give the full member (a) written notice of its intention to give the direction; (b) copies of all reports and documents considered by the committee in deciding to give the direction; and (c) at least 30 days to make written submissions to the committee. 6.13(3) A full member may appeal the decision to impose conditions on the member's certificate of practice. Sections 38 and 39 of the Act apply, with necessary changes, to an appeal under this section. 6.13(4) The Continuing Competency Committee may direct the registrar to remove the imposed conditions before the end of the specified period if the committee is satisfied that the full member's competency is no longer deficient. 6.13(5) If, by the end of the specified period, the full member has failed to satisfy the Continuing Competency Committee that his or her competency is no longer deficient, the registrar may refer the matter to the complaints investigation committee under clause 91(2)⁠(b) of the Act. The referral is deemed to be a complaint for the purpose of Part 8 of the Act. Report conduct to registrar 6.14(1) The Continuing Competency Committee may report to the registrar that the conduct of a regulated member may constitute conduct about which a finding could be made under subsection 124(2) of the Act. 6.14(2) If the Continuing Competency Committee makes a report referred to in subsection (1), it must take no further action under this Part in respect of the regulated member's conduct. PART 7 HEALTH PROFESSION CORPORATIONS Overview 7.1 Part 5 of the Act deals with health profession corporations. This Part supplements the requirements relating to permits, the record and the naming of health profession corporations. Restricted to full members 7.2 The only members who are permitted to establish health profession corporations are full members. Health profession corporation permit 7.3 Subsection 60(1) of the Act sets out the requirements for the issuance of a health profession corporation permit. For the purpose of clause 60(1)⁠(i) of the Act, a corporation must file with the registrar (a) a copy of the articles of incorporation and any articles of amendment, continuance or amalgamation; (b) a current status certificate issued under The Corporations Act ; and (c) a copy of the most recent annual report filed under The Corporations Act . Additional contents of record 7.4 The record of health profession corporations must contain the information set out in subsection 73(3) of the Act. The record must also contain the following applicable information for each health profession corporation: (a) the corporation's address, telephone number, fax number and e-mail address; (b) the time period during which the corporation's permit is valid; (c) information about any suspension or cancellation of the corporation's permit or alternative action taken under section 66 of the Act, including any conditions placed on the permit. Name of health profession corporation 7.5 A health profession corporation's name must not refer to an individual who is not a full member. Name removed from record 7.6 When a health profession corporation's permit is cancelled, the registrar must remove the corporation's name from the record of health profession corporations. PART 8 MISCELLANEOUS Professional misconduct fines 8.1 Column 2 of the Professional Misconduct Fines Table in Schedule 1 of the Act is specified for the purpose of clause 127(1)⁠(b) of the Act. Coming into force 8.2 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.