NLR 76/12 - Medical Laboratory Technologists Regulations under the Health Professions Act

NEWFOUNDLAND AND LABRADOR REGULATION 76/12 Medical Laboratory Technologists Regulations under the Health Professions Act Amended by: 23/20 111/25 NEWFOUNDLAND AND LABRADOR REGULATION 76/12 Medical Laboratory Technologists Regulations under the Health Professions Act (Filed September 20, 2012) Under the authority of section 53 of the Health Professions Act, the Newfoundland and Labrador Council of Health Professionals, with the approval of the Minister of Health and Community Services, makes the following regulations. Dated at St. John’s , September 20, 2012. June Hynes Co-Chairperson of the Council John Crellin Co-Chairperson of the Council Susan Sullivan Minister of Health and Community Services REGULATIONS Analysis 1. Short title 2. Definitions 3. Members register 4. Requirements for registration 5. General status 5.1 Emergency status 6. Provisional status 7. General temporary status 8. Provisional temporary status 9. Non-practicing status 10. Conditions or restrictions 11. Continuing education 12. Registration renewal 13. Renewal requirements 14. Failure to renew registration 15. Registration after expiry 16. Designated titles 17. Notification of changes 18. Commencement Schedule Short title 1. These regulations may be cited as the Medical Laboratory Technologists Regulations . 76/12 s1 Back to Top Definitions 2. In these regulations (a) "applicant" means a person who applies to the registration committee for registration as a medical laboratory technology health professional; (b) [Rep. by 111/25 s1] (c) "certified laboratory assistants program" means the laboratory assistants program offered by the educational institution formerly known as the College of Trades and Technology and certified by the Canadian Society of Laboratory Technologists; (d) "college" means the Newfoundland and Labrador College of Medical Laboratory Science established under the Act; (e) "continuing education" means a continuing education program developed by the college under paragraph 29(3)(b) of the Act; (e.1) "emergency status" means the status of a member who is registered under section 5.1; (f) "general status" means the status of a member who is registered under section 5 ; (g) "general temporary status" means the status of a member who is registered under section 7 ; (g.1) "hours of medical laboratory technology practice" means hours involving direct care, education, research and administration as approved by the college; (h) "medical laboratory technology" means the collection, handling and analysis of laboratory specimens and the interpretation of quality control data to verify the accuracy and precision of test results for use by health care practitioners in the diagnosis, treatment and prevention of disease; (i) "member" means a member of the college; (j) "non-practicing status" means the status of a member who is registered under section 9 ; (k) "provisional status" means the status of a member who is registered under section 6 ; (l) "provisional temporary status" means the status of a member who is registered under section 8 ; (m) "registration committee" means the committee established under subsection 19(1) of the Act; and (m.1) "registration exam" means an exam that (i) i s established, adopted or approved by the college, and (ii) based upon professional competency requirements for one or more practice areas of medical laboratory technology. (n) [Rep. by 111/25 s1] 76/12 s2 ; 23/20 s1 ; 111/25 s1 Back to Top Members register 3. (1) The register of health professionals maintained by the registrar shall have the following categories for the purpose of registration of members: (a) general status; (a.1) emergency status; (b) provisional status; (c) general temporary status; (d) provisional temporary status; and (e) non-practicing status. (2) When a member's name has been added to the register, the registration committee shall issue a certificate of registration which shall be valid for the period of time set out on the certificate and which shall expire at the end of that period, unless renewed or extended in accordance with these regulations. (3) Upon each renewal of registration, the registration committee shall issue a certificate of registration to the member. 76/12 s3 ; 23/20 s2 Back to Top Requirements for registration 4. (1) An applicant shall comply with the following registration requirements: (a) submission of a completed application for registration in the form set by the registration committee; (b) payment of any required fees; and (c) provision of the following information as requested by the registration committee: (i) proof of identity by means of a valid photo identification card issued by the province or another government or other proof of identity acceptable to the registration committee, (ii) a current Certificate of Good Conduct from the Royal Newfoundland Constabulary, Royal Canadian Mounted Police or other appropriate policing agency, (iii) a current Vulnerable Sector Check from the Royal Newfoundland Constabulary, Royal Canadian Mounted Police or other appropriate policing agency, (iv) a written consent for release of information, (v) a declaration stating (A) that the applicant has never been found guilty of an offence under the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada) or a similar penal statute of another country, or (B) the details of the applicant's finding of guilt under the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada) or a similar penal statute of another country, (vi) proof of a working knowledge of the English language that the registration committee considers sufficient to enable the person to practice medical laboratory technology in the province, and (vii) proof of professional liability insurance of a type and in an amount acceptable to the council, except where an applicant is applying for registration as a member with a non-practicing status. (2) In addition to the requirements of subsection (1), where an applicant is currently or was previously licensed or registered to practice medical laboratory technology in another jurisdiction, the applicant shall provide a letter of good standing from the licensing or registration body of that jurisdiction which includes confirmation of whether or not the applicant is or has been the subject of investigative or disciplinary proceedings in the jurisdiction and the particulars of those investigative or disciplinary proceedings. 76/12 s4 ; 111/25 s2 Back to Top General status 5. (1) An applicant is entitled to be registered with a general status where the applicant has (a) complied with the requirements of section 4 ; (b) provided proof of the successful completion of a medical laboratory science program of at least 2 years duration or another program approved by the college within the 4 years immediately preceding the application; and (c) provided proof of successful completion of a registration exam within 4 years immediately preceding the application. (2) Notwithstanding the time periods referred to in subsection (1), where at least 4 years have elapsed between the submission of the application for registration and either the completion of a program of study referred to in paragraph (1)(b) or the completion of the registration exam or both, the applicant shall provide proof that the applicant (a) has completed 960 hours of medical laboratory technology practice within the 4 years immediately preceding the application; or (b) has completed a medical laboratory technology refresher course or re-entry program that is approved by the college within the 4 years immediately preceding the application. (3) [Rep. by 111/25 s 3] (4) A member registered under this section is restricted to performing the duties in the practice areas of medical laboratory technology for which the member has completed the registration exam. 76/12 s5 ; 111/25 s3 Back to Top Emergency status 5.1 (1) Where the registration committee or the council determines that there is an immediate need for medical laboratory technology services due to an actual or potential threat to public safety, health or welfare or where the minister or the federal Minister of Health makes a request, the registration committee may register a person with an emergency status. (2) A person may be registered with an emergency status for a period of time determined by the registration committee or the council where the person (a) provides proof satisfactory to the registration committee or the council that the person (i) is licensed or registered to practice medical laboratory technology in another jurisdiction in Canada, or (ii) was previously registered to practice medical laboratory technology in the province; (b) provides proof satisfactory to the registration committee or the council that the person’s licence or registration has not been revoked, suspended or restricted or has conditions attached by reasons of disciplinary or other regulatory measures in another jurisdiction; (c) provides proof of identification as required by the registration committee or the council; and (d) satisfies any other requirements as the registration committee or the council may determine are necessary and practicable in the circumstances. (3) The registration committee or the council may accept the declaration of the person as proof that the person satisfies one or more of the requirements in subsection (2). (4) The registration of a member with an emergency status issued under subsection (2) may be renewed as considered necessary by the registration committee or the council. (5) The registration committee or the council may impose terms, conditions or restrictions on the registration of a member with an emergency status issued under subsection (2). (6) The registration committee or the council may terminate the registration of a member with an emergency status under subsection (2) at any time. 23/20 s3 ; 111/25 s4 Back to Top Provisional status 6. (1) An applicant who is employed in the province immediately before the coming into force of these regulations is entitled to be registered with a provisional status where the applicant has (a) complied with the requirements of section 4 ; (b) provided proof of satisfactory completion of the certified laboratory assistants program; (c) provided a job description prepared and signed by the applicant’s employer; and (d) provided confirmation, signed by the employer and in a form approved by the council, that the only duties performed by the applicant in the course of the applicant’s employment are some or all of the duties set out in the Schedule. (2) A member registered under subsection (1) is restricted to performing the duties that are included in the confirmation provided to the registration committee under paragraph (1)(d). 76/12 s6 ; 111/25 s5 Back to Top General temporary status 7. (1) An applicant who has not successfully completed the registration exam is entitled to be registered with a general temporary status where the applicant (a) has complied with the requirements of section 4 ; and (b) in the 4 years immediately preceding the application, has successfully completed a program of study referred to in paragraph 5 (1)(b). (2) The registration of a member with a general temporary status is valid for the period of time set by the registration committee and is not subject to renewal but may be extended by the registration committee. (3) A member registered with a general temporary status shall notify the registration committee of the date on which the member is scheduled to write the registration exam. (4) When a member registered with a general temporary status passes the registration exam and continues to comply with the requirements of section 4 , the member shall be registered (a) with a general status; or (b) where the member satisfies the registration committee that the member does not intend to maintain an active practice of medical laboratory technology in the province, with a non-practicing status. (5) When a member registered with a general temporary status does not pass the registration exam within the period of time set by the registration committee under subsection (2), the member’s registration shall expire and may not be further extended. (6) A member registered with a general temporary status shall not practice medical laboratory technology unless the member is supervised, in a manner acceptable to the council, by a member registered with a general status whose registration is not subject to conditions or restrictions. 76/12 s7 ; 111/25 s6 Back to Top Provisional temporary status 8. (1) An applicant who is employed in the province immediately before the coming into force of these regulations is entitled to be registered with a provisional temporary status where the applicant has (a) complied with the requirements of section 4 ; (b) provided a job description prepared and signed by the applicant’s employer; (c) provided a listing, in a form approved by the registration committee, of all clinical activities and duties performed by the applicant; and (d) provided information, satisfactory to the registration committee, on educational background, certification background, training history, continuing education, past work experience and other information that the registration committee may require. (2) The registration of a member with a provisional temporary status is valid for the period of time set by the registration committee and is not subject to renewal but may be extended by the registration committee. (3) A member registered with a provisional temporary status (a) is authorized to perform the duties performed in the member’s employment as of the date the application was submitted; (b) will be required to undergo and complete, in the time set by the registration committee, all assessment, training and evaluation activities that may be required by the registration committee; and (c) shall comply with other conditions considered appropriate by the registration committee. (4) Upon completion of the assessment, training and evaluation activities required under subsection (3), the registration committee shall (a) register the member with a provisional status; (b) extend the member's registration as a member with a provisional temporary status and require the member to complete further assessment, testing and evaluation; or (c) terminate the member's registration as a member with a provisional temporary status and refuse to register the member with another status. 76/12 s8 ; 111/25 s7 Back to Top Non-practicing status 9. (1) An applicant is entitled to be registered as a member with a non-practicing status where the applicant (a) complies with the requirements of section 5 or 6 as applicable; and (b) satisfies the registration committee that the applicant does not intend to maintain an active practice of medical laboratory technology in the province. (2) A member who is registered with a non-practicing status is not required to carry professional liability insurance. (3) The certificate of registration issued to a member with a non-practicing status shall indicate whether the member would otherwise qualify for a general status or a provisional status if the member were registered and practicing. (4) A member who is registered with a non-practicing status shall not engage in the practice of medical laboratory technology. (5) A non-practicing registration shall expire on the date specified in the certificate of registration. (6) A member who is registered with a non-practicing status may, while that registration is in effect, make application to the registration committee to have the member’s status changed to that of a member with a general status or a provisional status, as appropriate, and the member is entitled to be registered as a member with that status where the following conditions are met: (a) the member pays any required fee; (b) the member provides proof of professional liability insurance of a type and in an amount acceptable to the council; (c) the member satisfies the continuing education requirements of subsection 11 (1); and (d) where registration as a member with a non-practicing status has been held for 12 consecutive months or longer, the member continues to meet the requirements of section 4 and the registration committee is satisfied that the applicant has the knowledge, skill and judgement necessary to be registered with a general status or a provisional status. 76/12 s9 ; 111/25 s8 Back to Top Conditions or restrictions 10. (1) The registration committee may attach those conditions or restrictions to a registration that the registration committee considers appropriate, including (a) placing limits on the activities the member may perform; and (b) setting requirements for supervision of the member which may include specifics on the form or duration of the supervision. (2) A member shall comply with all conditions and restrictions that are attached to the member’s registration by the registration committee. 76/12 s10 ; 111/25 s9 Back to Top Continuing education 11. (1) A member shall participate in continuing education as directed by the council. (2) Where a member who is registered with a general status, a provisional status or a provisional temporary status does not comply with subsection (1), the registration committee may require the member (a) to complete a program of continuing education within a specified period of time ; or (b) to undergo a period of supervised practice. (3) Where a member who is registered with a non-practicing status does not comply with subsection (1), the registration committee may require the member to complete a program of continuing education within a specified period of time . 76/12 s11 Back to Top Registration renewal 12. (1) The registration committee shall advise each member who is registered with a general status, a provisional status or a non-practicing status of the expiry date of the member’s registration and the renewal date applicable to that registration at the time of the initial registration and upon each renewal of that registration. (2) An application to renew a member's registration shall be made before the expiry date of the member's registration and as directed by the registration committee. 76/12 s12 ; 111/25 s10 Back to Top Renewal requirements 13. (1) A member who is registered with a general status, a provisional status or a non-practicing status is entitled, on application to the registration committee, to have the member’s registration renewed under section 12 where the member (a) provides a written consent for release of information as requested by the registration committee; (b) pays the required fees and, except in the case of a member applying for renewal of a non-practicing status, provides proof of professional liability insurance of a type and in an amount acceptable to the registration committee; (c) provides evidence of the member’s participation in or completion of continuing education programs and professional development requirements as directed by the council; and (d) provides a declaration stating (i) that, within the past year, the member has not been found guilty of an offence under the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada) or a similar penal statute of another country, or (ii) the details of the member’s finding of guilt, within the past year, under the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada) or a similar penal statute of another country. (2) In addition to the requirements of subsection (1), where the member was, within the 12 months immediately preceding the application for renewal of registration, licensed or registered to practice medical laboratory technology in another jurisdiction, the member shall provide a letter of good standing from the licensing or registration body of that jurisdiction which includes confirmation of whether or not the member is or has been the subject of investigative or disciplinary proceedings in the jurisdiction and the particulars of those investigative or disciplinary proceedings. (3) In addition to the requirements of subsection (1), where a member who is registered with a non-practicing status applies to have the member’s registration renewed as a member with a general status or a provisional status, the member shall satisfy the requirements of subsection 9 (6). 76/12 s13 ; 111/25 s11 Back to Top Failure to renew registration 14. Where a member registered with a general status, a provisional status or a non-practicing status fails to renew the member’s registration on or before the expiry date, the member’s registration shall expire and the member's name shall be removed from the register. 76/12 s14 ; 111/25 s12 Back to Top Registration after expiry 15. A member who allows the member’s registration to expire and whose name has been removed from the register under section 14 shall, for the purpose of a subsequent registration, meet the requirements imposed on a new applicant and comply with the applicable requirements of these regulations and with any conditions or restrictions attached to the registration by the registration committee under section 10 . 76/12 s15 ; 111/25 s13 Back to Top Designated titles 16. (1) Only a member who is registered with a general status shall be entitled to use the title "Medical Laboratory Technologist" or an associated derivation or abbreviation. (1.1) Only a member who is registered with an emergency status shall be entitled to use the title "Medical Laboratory Technologist – Emergency" or an associated derivation or abbreviation. (2) Only a member who is a registered with a general temporary status shall be entitled to use the title "Medical Laboratory Technologist-Temporary" or an associated derivation or abbreviation. (3) Only a member who is registered with a provisional status or a provisional temporary status shall be entitled to use the title "Laboratory Health Professional" or an associated derivation or abbreviation. (4) Notwithstanding subsections (1) and (3), a member who is registered with a non-practicing status shall be entitled to use a title indicating the status that the member is qualified to be registered under as set out in subsection (1) or (3) and shall indicate in the title that the member is non-practicing. 76/12 s16 ; 23/20 s4 ; 111/25 s14 Back to Top Notification of changes 17. A member shall notify the council immediately of a change in the member’s (a) mailing address; or (b) employer. 76/12 s17 ; 111/25 s15 Back to Top Commencement 18. These regulations come into force on the day the Health Professions Act comes into force with respect to the designated health profession of medical laboratory technologists. (In force Oct. 5/12) 76/12 s18 Back to Top Schedule 1. Urinalysis: perform chemical and microscopic analysis of urine samples. 2. Clinical Chemistry: perform basic clinical chemistry analysis for carbohydrates, proteins, non-protein Nitrogenous substances, gas function, liver function and renal function. 3. Hematology: perform basic haematology techniques for haemoglobin determination, cell counts; WBC and RBC, manual platelet counts, automated counts, hematocrits, absolute values, Sedimentation Rates; ESR, preparation of blood smears, and staining of blood smears. 4. Histotechnology: perform gross specimen treatment, decalcification, tissue processing for dehydration, paraffin embedding, microtomy, and staining. 5. Microbiology: perform culturing and processing of microbiology specimens, staining procedures, isolation and identification of bacterial organisms, antibiotic susceptibility testing. 6. Transfusion Medicine: perform routine ABO and RH grouping, direct and indirect antihuman globulin testing, and routine compatibility testing, cross-matching, for blood products however anti-body identification is not included in the permitted scope of transfusion medicine duties.