Physiotherapists Regulation

Physiotherapists Regulation, M.R. 204/2001 The Physiotherapists Act , C.C.S.M. c. P65 Regulation 204/2001 Registered December 21, 2001 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Additional registers 3 Additional information to be kept in registers 4 Eligibility for registration as a physiotherapist 5 Application for registration as a physiotherapist 6 Registration as an examination candidate 7 Disclosure on application 8 Registration as a student physiotherapist 9 Temporary practice register 10 Conversion from examination candidate to active practice 11 Conversion from active practice to inactive 12 Conversion from inactive to active practice 13 Periodic renewal 14 Renewal of registration 15 Changes in requirements do not affect right to renew 16 Cancellation for non-payment of fees 17 Reinstatement where cancellation for non-payment of fees 18 Liability protection 19 Standards of practice 20 Review of regulation 21 Repeal 22 Coming into force Schedule A Standards of Practice DEFINITIONS Definitions 1 In this regulation, "Act" means The Physiotherapists Act ; («  Loi  » ) "examination" means an examination approved by the council. (« examen ») "international candidate" means an applicant who has successfully completed a physiotherapy education program outside of Canada. (« candidat de l'étranger ») M.R. 13/2022 REGISTERS Additional registers 2 In addition to the registers of physiotherapists and students referred to in section 7 of the Act, the registrar shall maintain the following registers: (a) a temporary practice register; (b) an inactive register; (c) an examination candidate register. Additional information in physiotherapist register 3(1) For the purpose of clause 7(2)⁠(e) of the Act, the following additional information is to be kept in the register of physiotherapists for each member: (a) home address and telephone number; (b) date of birth; (c) registration number, and date of registration; (d) an order made by a panel under section 42 of the Act. Information to be kept in other registers 3(2) The following information is to be kept in the student register and the registers required by section 2, for each member: (a) name, and if the member is employed, business address and business phone number; (b) home address and telephone number; (c) date of birth; (d) registration number, and the date and type of registration; (e) the conditions imposed on a certificate of registration; (f) a notation of a cancellation, suspension or non-renewal of a certificate of registration; (g) the result of a disciplinary proceeding in which a panel has made a finding under section 41 of the Act; (h) an order made by a panel under section 42 of the Act. 3(3) The information referred to in clauses (1)⁠(c) and (d), and subsection (2) other than clauses (2)⁠(b) and (c), is public information for the purpose of clause 7(3)⁠(d) of the Act. REGISTRATION AS A PHYSIOTHERAPIST Eligibility for registration as a physiotherapist 4(1) In addition to the requirements of section 9 of the Act, the requirements for registration as a physiotherapist are as follows: (a) the applicant must have (i) on or after January 1, 2002, successfully completed a physiotherapy education program approved by the council, and passed the examination; or (ii) successfully completed, before January 1, 2002, a physiotherapy education program approved by the council, and (A) has been registered in good standing with a body or organization empowered to register or receive physiotherapists as members, and the board of assessors is satisfied that the academic standards fixed by that body or organization for the registration or admission of members are substantially the same as those required by the council, or (B) if the applicant's qualifications are beyond entry level, has had his or her prior learning and experience assessed, and based on that assessment the board of assessors is satisfied that the applicant is qualified to practise physiotherapy; (b) the applicant must not suffer from a physical or mental condition, disorder, or addiction to alcohol or drugs that makes it desirable in the public interest that he or she not practise physiotherapy; (c) if the applicant's first language is not English or French, the applicant must be able to speak and write either English or French in accordance with the language fluency criteria established by the council; (d) the applicant must provide evidence that he or she intends to commence practise as a physiotherapist within three months after the date of application; (e) the applicant has not been convicted of an offence that is relevant to his or her suitability to practise; (f) if the applicant was previously registered as a physiotherapist in one or more other jurisdictions, he or she must provide proof of membership in good standing in that other jurisdiction, or in the two other jurisdictions in which he or she was most recently registered, as the case may be; (g) unless the applicant is a recent graduate, the applicant provides evidence that he or she has practised physiotherapy for a minimum of 1,200 hours in the five-year period immediately preceding the year for which registration is sought. When examination not required 4(2) Despite subclause (1)⁠(a)⁠(i), where the board of assessors is satisfied, based on an assessment of an applicant's prior learning and experience, that he or she is qualified to practise physiotherapy, the applicant is not required to take the examination. Application for practising registration 5(1) An applicant for registration as a practising physiotherapist must submit the following to the board of assessors: (a) a completed application form; (b) evidence that he or she meets the eligibility requirements of subsection 9(1) of the Act and section 4; (c) a completed criminal record search satisfactory to the board of assessors; (d) evidence that he or she meets the liability insurance requirements of section 18; (e) the fee provided for in the by-laws. Application for inactive registration 5(2) An applicant is eligible for registration on the inactive register if he or she meets the criteria of (a) subsection 9(1) of the Act; (b) clauses 4(1)⁠(a) and (e); and (c) if applicable, clauses 4(1)⁠(c) and (f); and does not intend to practise physiotherapy in the three-month period following the date of application. Subsection (1) applies, with the necessary changes, to an applicant for registration on the inactive register. REGISTRATION AS AN EXAMINATION CANDIDATE Eligibility for registration as an examination candidate 6(1) An applicant is eligible for registration on the register of examination candidates if he or she (a) has successfully completed all academic and clinical course requirements to become eligible to take the examination; (b) intends to begin, (i) as a recent graduate, mentored practise before taking the examination or while awaiting the results of the examination, (ii) as a re-entry candidate who has not practised for a minimum of 1200 hours in the immediately preceding five-year period, mandatory supervised practise before taking the examination or while awaiting the results of the examination, (iii) as an international candidate who has practised for a minimum of 1200 hours in the immediately preceding five-year period, supervised practise before taking the examination or while awaiting the results of the examination, or (iv) having failed the examination, mandatory clinical practise hours under supervision; (c) if applying under subclauses (b)⁠(ii) or (iii), provides evidence satisfactory to the board of assessors of the number of hours practised in the five-year period immediately preceding the year for which registration is sought; (d) provides evidence that he or she meets the liability insurance requirements of section 18; (e) whose first language is neither English or French, is able to speak and write either English or French in accordance with the language fluency criteria established by the council; and (f) as an international candidate, provides evidence of registration or membership in good standing with a body or organization empowered in a jurisdiction outside Canada to register or receive physiotherapists as members, and the board of assessors is satisfied that the academic standards fixed by that body or organization for the registration or admission of members are substantially the same as those required by the council. Application for examination candidate registration 6(2) An applicant for examination candidate registration must submit the following to the board of assessors: (a) a completed application form; (b) evidence that he or she meets the eligibility requirements of subsection (1), clauses 4(1)⁠(b) and (e) and, if applicable, clause 4(1)⁠(f); (c) a completed criminal record search satisfactory to the board of assessors; (d) evidence that he or she meets the liability insurance requirements of section 18; (e) the fee provided for in the by-laws. When examination candidate must take examination 6(3) Subject to subsection (4), an examination candidate (a) must take the examination at the first available opportunity after having his or her name entered on the examination candidate register; and (b) may take the examination no more than three times within a two-year period. Exception where extenuating circumstances 6(4) Where, in the opinion of council, there are extenuating circumstances, council may determine that subsection (3) is inapplicable to an examination candidate, and may allow the examination candidate to take the examination at any time or times the council considers to be appropriate. Duration of examination candidate registration 6(5) Registration as an examination candidate must be for a period of not more than two years, but may be renewed on application in accordance with policies established by the council. Expiry of examination candidate registration 6(6) When an examination candidate passes the examination, his or her registration expires 30 days after the college receives the examination results. Disclosure on application 7 An applicant under section 5 or 6 must disclose the following information about himself or herself and his or her practice of physiotherapy or of any other health profession, whether in Manitoba or in another jurisdiction: (a) a finding by any professional regulatory body of professional misconduct, conduct unbecoming, incompetence, an incapacity or lack of fitness to practise, or any similar finding; (b) a current proceeding by a professional regulatory body in relation to professional misconduct, conduct unbecoming, incompetence, an incapacity or lack of fitness to practise, or any similar proceeding; (c) a denial of registration by a professional regulatory body, including reasons for the denial; (d) a conviction for an offence under (i) the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada), or the Food and Drugs Act (Canada), or (ii) a criminal or penal statute of a jurisdiction outside Canada that is, or may be, relevant to his or her suitability to practise. REGISTRATION AS A STUDENT PHYSIOTHERAPIST Eligibility for registration as a student 8 The registrar shall approve an application for registration as a student if the applicant meets the requirements of clauses 13(1)⁠(a) and (b) of the Act, and clause 4(1)⁠(e). TEMPORARY PRACTICE IN MANITOBA Application for temporary practice 9(1) An applicant qualified to practise physiotherapy in another jurisdiction who wishes to provide physiotherapy service to the public in Manitoba for a specific purpose and for a limited time period may apply for registration on the temporary practice register by (a) submitting a written application to the board of assessors, stating the specific purpose and the proposed length of time that he or she wishes to practise; (b) providing evidence satisfactory to the board of assessors that he or she is qualified to practise physiotherapy in the other jurisdiction and has a level of competence appropriate to the specific purpose; and (c) providing any additional information that the board of assessors may require in the form and within the time set by the board. Registration on temporary practice register 9(2) On receiving an application under subsection (1), if the board of assessors is satisfied that it is in the public interest to allow the applicant to practise on a temporary basis, the board may enter the applicant's name on the temporary practice register. CONVERTING REGISTRATION Conversion from examination candidate to active practice 10 An examination candidate is entitled to have his or her registration converted from the examination candidate register to the physiotherapist register if he or she (a) has passed the examination; (b) provides any information that the board of assessors may require, in the form and within the time set by the board; and (c) pays the fee provided for in the by-laws. Conversion from active practice to inactive 11 A physiotherapist is entitled to have his or her registration converted from the physiotherapist register to the inactive register by providing any information that the board of assessors may require, in the form and within the time set by the board, and paying the fee provided for in the by-laws. Conversion from inactive to active practice 12 A member is entitled to have his or her registration converted from the inactive register to the physiotherapist register if he or she (a) provides any information that the board of assessors may require, in the form and within the time set by the board; (b) pays the fee provided for in the by-laws; (c) provides evidence of having practised physiotherapy for a minimum of 1,200 hours in the five-year period immediately preceding the year for which registration is sought; (d) meets the criteria of clauses 4(1)⁠(b) and (d); (e) provides evidence that he or she meets the liability insurance requirements of section 18; and (f) if required to do so in accordance with policies established by the council, provides evidence that he or she is fit to engage in the safe practice of physiotherapy. RENEWAL Periodic renewal 13 Each member must periodically renew registration with the college at such time or times as required by the college. Renewal of practising registration 14(1) A physiotherapist is entitled to have his or her registration renewed by (a) providing any information that the board of assessors may require, in the form and within the time set by the board; (b) providing evidence that he or she has practised as a physiotherapist for a minimum of 1,200 hours in the five-year period immediately before the registration year for which a renewal is sought; (c) providing evidence that he or she meets the liability insurance requirements of section 18; (d) paying the fee provided for in the by-laws; and (e) declaring that he or she has not been convicted of an offence described in clause 7(d), within the current registration period. 14(2) If an applicant for renewal does not meet the requirements of clause (1)⁠(b), the board of assessors may renew the registration, subject to terms and conditions, for up to one year. Renewal of inactive registration 14(3) Subsection (1), other than clauses (1)⁠(b) and (c), applies, with the necessary changes, to the renewal of an inactive registration. Renewal of student registration 14(4) Subsection (1), other than clauses (1)⁠(b) and (c), applies with the necessary changes to the renewal of a student registration. In addition, an applicant for renewal on the student register must provide evidence that he or she continues to be engaged in a physiotherapy education program approved by the council. Removal of terms and conditions 14(5) Where a member believes that he or she has satisfied any terms or conditions that have been placed on the member's registration, other than those imposed under Part 5 of the Act, and he or she wishes to have those terms or conditions varied or removed, the member may (a) provide any information that the board of assessors may require in the form and within the time set by the board; (b) pay the fee provided for in the by-laws; and (c) provide evidence in accordance with policies established by the council that he or she is fit to engage in the safe practice of physiotherapy with the term or condition varied or removed as requested by the applicant. If the board of assessors is satisfied that the criteria have been met, the board shall approve the request. Changes in requirements do not affect right to renew 15 No change in the educational requirements for registration affects a person's eligibility to renew his or her registration or right to practise, if the person was registered with the college or was registered in another Canadian province or territory before the change was made. CANCELLATION FOR NON-PAYMENT OF FEES Cancellation for non-payment of fees 16(1) When a member is in default in the payment of his or her renewal fee for a period of at least 14 days, the registrar shall send a letter, by ordinary mail addressed to the member at his or her address on the records of the college, notifying the member of his or her default. If the default continues for a further 15 days after the date of the letter, the registration of that member shall be automatically cancelled. Notice required 16(2) When a member's registration is cancelled under subsection (1), the registrar shall so notify the member, by registered mail addressed to the member at his or her address on the records of the college, and shall send a copy of the notification, by ordinary mail, to the member's employer listed on the records of the college. REINSTATEMENT Reinstatement where cancelled for non-payment of fees 17 An applicant who applies for reinstatement of registration under section 49 of the Act, where his or her registration has been cancelled for non-payment of fees, is entitled to have his or her registration reinstated by (a) providing any information that the council may require, in the form and within the time set by the council; (b) paying the fee provided for in the by-laws; and (c) if the application is made more than one year after his or her registration was cancelled, and if required to do so in accordance with policies established by the council, providing evidence in accordance with policies established by the council that he or she is fit to engage in the safe practice of physiotherapy. LIABILITY PROTECTION AND STANDARDS Liability protection 18 Every member who provides clinical services shall obtain or be covered by, and maintain liability insurance coverage to a minimum of $5,000,000. Standards of practice 19 The standards of practice for a physiotherapist are as set out in Schedule A, and failure to comply with a standard may result in a proceeding against a member in accordance with the Act. REGULATION REVIEW Review of regulation 20 Not later than five years after the day this regulation comes into force, the council must (a) review the effectiveness of the operation of this regulation, and in so doing, consult with such persons affected by the regulation as the council considers appropriate; and (b) if it considers it advisable, amend or repeal this regulation. REPEAL AND COMING INTO FORCE Repeal 21 The Physiotherapists Regulation , Manitoba Regulation 458/88 R, and the Registration Fees Regulation , Manitoba Regulation 244/81, are repealed. Coming into force 22 This regulation comes into force on the day The Physiotherapists Act , S.M. 1999, c. 30, comes into force. SCHEDULE A (Section 19) STANDARDS OF PRACTICE General practice 1(1) A member must practise only in those areas of physiotherapy in which he or she is sufficiently trained and skilled, and ensure that services that require the skill, knowledge and judgment of a physiotherapist are performed by a physiotherapist. 1(2) A member must provide treatment in a safe, sanitary, and appropriate environment. 1(3) A member must take reasonable steps to obtain the consent of the client prior to treatment. Assessment and evaluation 2 A member must perform and document an initial assessment and evaluate all relevant data to identify problems and determine the physiotherapy diagnosis prior to intervention. Plan of care 3(1) A physiotherapist must promote involvement of the client and any other appropriate persons in establishing goals for the therapy program based on assessment findings and client needs. 3(2) A physiotherapist must collaborate with other members of the health care team to coordinate plans, support comprehensive service delivery, and avoid service duplication. Intervention 4(1) A physiotherapy intervention must (a) be based upon the examination, evaluation, physiotherapy diagnosis and plan of care; (b) be altered in accordance with changes in response or status, or to client feedback and concerns; and (c) be interdisciplinary when necessary to meet the needs of the client. 4(2) A physiotherapist must (a) refer a client to another physiotherapist or health care provider when a specific intervention is beyond his or her competence or scope of practice; (b) minimize the risk of an adverse reaction to an intervention by (i) performing appropriate testing before an intervention, (ii) recognizing and documenting an adverse reaction to an intervention, and (iii) adjusting the intervention plan or discontinuing service as required; (c) ensure that auxiliary staff, students and volunteer personnel are appropriately trained and supervised to perform assigned tasks; (d) follow appropriate infection control procedures; (e) document on an ongoing basis services provided, responses to services, and changes in status of the client relative to the plan of care; and (f) where indicated, provide the client and any other appropriate person with relevant information about self-management, health promotion, and disease and injury prevention. Ongoing evaluation 5 A physiotherapist must (a) continually re-examine his or her client, re-evaluate the data, and modify or discontinue the plan of care and intervention accordingly; (b) discuss with his or her client, and any other appropriate persons, any significant changes to an intervention, and agree on a revised plan of care; (c) communicate the relevant results of an ongoing evaluation with other members of the health care team; and (d) document, date and sign the findings of an ongoing evaluation, including any changes to the plan of care. Discontinuance of physiotherapy 6 A physiotherapist should discontinue physiotherapy when (a) the goals and expected outcomes are attained; (b) the client declines continued care or violates policies regarding attendance or payment; (c) the client is unable to continue receiving care; (d) he or she determines that the intervention is not justified; or (e) the client is physically, sexually or verbally abusive to the physiotherapist or to others. Client records 7(1) A physiotherapist must keep a confidential record for each client that includes the client's name, address, phone number, date of birth, diagnosis, relevant medical history and information relating to any consultation with a physician or other health professional. 7(2) A physiotherapist must record timely, accurate and objective information regarding the client's assessment, plan of care, intervention strategy, ongoing evaluation and care modification and discharge plan. 7(3) A physiotherapist must ensure that discharge documentation includes information relating to (a) the status of the client at discharge; (b) the goals and outcomes attained; and (c) if applicable, the rationale for discontinuance of intervention. 7(4) Physiotherapy client records must be maintained for a minimum of 7 years. In addition, records made while a client is a minor must be maintained until the client reaches the age of 25 years. 7(5) A physiotherapist who closes, sells or otherwise disposes of a clinic must notify his or her clients, and the College, that the clinic's records will be available at a specific secure address in Manitoba. Electrical equipment 8 A physiotherapist must not use electrical equipment for treatment purposes unless the equipment (a) is in accordance with the standards of approval of the Canadian Standards Association or the Manitoba Department Labour, Consumer Protection and Government Services; and (b) is maintained and tested according to standards of the Canadian Standards Association or the Manitoba Department of Labour, Consumer Protection and Government Services. M.R. 13/2022 Radiation-emitting devices 9 A physiotherapist who purchases, leases, borrows or otherwise acquires a radiation-emitting device as defined in the Radiation Emitting Devices Act (Canada) shall not use it without first having it tested to ensure it complies with that Act and its regulations. The physiotherapist must also ensure that each such device is tested annually thereafter and must not use a device that does not comply with that Act or its regulations. Use of assistants 10 If a physiotherapist uses an assistant in providing service to a client, the physiotherapist must ensure that the assistant works under his or her direction and supervision. The physiotherapist remains responsible for the client's physiotherapy care until the client is discharged from physiotherapy. Acupuncture 11 No member may practise acupuncture unless he or she has provided evidence satisfactory to the council of successful completion of an acupuncture training program that meets criteria approved by the council. Spinal manipulations 12 No member may perform spinal manipulations unless (a) he or she has provided evidence satisfactory to the council of successful completion of a spinal manipulation training program that meets criteria approved by the council; (b) the spinal manipulations performed do not exceed the level of training completed; and (c) the spinal manipulations are performed in accordance with the document " Competencies Required to Safely Perform Spinal Manipulation as a Physical Therapy Intervention ", published in April 2000 by the College of Physical Therapists of Alberta. Description of qualifications 13 A member must not use a title, term, or designation in describing his or her qualifications or occupation that, in the opinion of the council, may mislead the public. A member who wishes to use a title, term or designation other than "physiotherapist", "physical therapist", or "student physiotherapist" must first submit the proposed wording to the council for approval.