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The Registered Respiratory Therapists Act

C.C.S.M. c. R115

The Registered Respiratory Therapists Act

PART I
INTERPRETATION
1(1) Definitions
(2) Further definition of respiratory therapy
(3) Certain services not exclusive to respiratory therapy
2 Incorporation continued
PART II
BOARD OF DIRECTORS
3(1) Board of directors
(2) By-laws for the election and appointment of members of the board
(3) Existing members to continue until replaced
(4) Quorum
4(1) By-laws
(2) Members of the association
(3) Non members of The Canadian Society of Respiratory Therapists
(4) Submission of by-law to members
(5) By-law not effective until confirmed
(6) Period of effectiveness of certain by-laws
(7) Effect of rejected by-law
(8) Effect of acts done under rejected by-law
(9) Member may propose by-laws
(10) Proposals for by-laws to be sent to board
(11) Distribution of proposal
5(1) Regulations
(2) Prior submission of regulation to members
(3)
6(1) Right to administer respiratory therapy
(2) Certain practices not prohibited
7 Limitation of right to practise
8 Contagious or infectious disease
9 Executive director and registrar appointed
PART III
MEMBERSHIP
10(1) Register
(2) Rosters
(3) Entry of names in register
(4) Appeal upon refusal of registration
(5)
10.1(1) Registration if emergency
(2) Emergency need not be declared
(3) Certificate of membership
11(1) Unauthorized practice
(2) Recovery of fees prohibited
12 Inspection of register
13(1) Effect of registration
(2) Associate members not entitled to practise
14 Practise by holders of conditional certificates
15 Prima facie evidence
16 Associate members
17 Persons temporarily in Manitoba
18 Conditional registration
19(1) Removal of names from register
(2) Notification to member
(3) Restoration of names to register
(4) Restoring names to register on terms
20 Employers responsibility
21(1) Offence by member
(2) Offence by employer
22 Membership certificate
23 Fraudulent misrepresentation
PART IV
COMPLAINTS COMMITTEE
24(1) Establishment of complaints committee
(2) Chairman
(3) Term of office
(4) Filling of vacancy
25 Informal resolution of complaint
26 Reference to investigation chairman
27 Rules and terms of office
PART V
INVESTIGATION CHAIRMAN
28 Appointment of investigation chairman
29 Reference to investigation chairman
30 Preliminary investigation
31 Production of books, documents, etc.
32 Ex parte court order for production of documents
33 Investigation of further matters
34 Action by person conducting preliminary investigation
35 Appeal to discipline committee
36 Suspension of member
PART VI
DISCIPLINE COMMITTEE
37(1) Composition of discipline committee
(2) Association's representation at inquiries
(3) Member of discipline committee not to investigate matter
38 Complainant's appeal
39(1) Fixing the date of inquiry
(2) Service of notice
(3) Effective date of service
(4) Proof of service
(5) Hearings to be held in Winnipeg
(6) Hearings to be private
(7) Hearing in absentia
(8) Right to counsel
(9) Adjournment
(10) Evidence under oath
(11) Administration of oath
(12) Service of subpoenas
(13) Witness allowance
(14) Certified copies of convictions as evidence thereof
(15) Evidence by affidavit or viva voce
(16) Evidence to be recorded
(17) Preservation of evidence
(18) Rules of procedure
40(1) Suspension of members
(2) Notice of suspension
(3) Method of giving notice of suspension
(4) Proof of service of notice of suspension
41(1) Disciplinary action against member
(2) Decision to be in the form of an order
(3) Costs
PART VII
APPEALS
42(1) Appeal to board of directors
(2) Grounds of appeal
(3) Record of proceedings
(4) Action by executive director on appeal
43(1) Suspension pending appeal
(2) Application to court to remove suspension
(3) Service of notice of motion on discipline committee
(4) Time for hearing of application
(5) Court may remove suspension
44(1) Proceedings before board
(2) Certain persons precluded from hearing appeal
(3) Association's representation at appeals
(4) Action by board on appeal
(5) Disposition of appeal by board
(6) Costs on appeal
45(1) Appeal to Court of Queen's Bench
(2) Order of judge
(3) Documents to be filed by appellant
(4) Absence of recorded evidence
(5) Failure to file transcript of evidence
PART VIII
MISCELLANEOUS
46 Exemption from civil liability
47 Publication of suspensions and revocations
48 Retention of counsel by board
49(1) Reporting by menbers
(2) Non-application to confidential information
(3) Exemption from liability for disclosure
PART IX
ADVISORY COUNCIL
50(1) Advisory council
(2) Composition of council
(3) Chairman
(4) Failure to nominate or appoint persons to council
(5) Term of office of council members
(6) Filling of vacancies
(7) Limitation of terms on council
(8) Vice-chairman elected
(9) Quorum
(10) Meetings
51(1) Functions of council
(2) Further functions of the council
52(1) Operation of respiratory therapy education programs subject to approval of the minister
(2) Minister may withdraw consent for certain programs
(3) Prior programs deemed to be continued
53 Annual report by council
PART X
GENERAL
54(1) Offence
(2) Any person may be a prosecutor of offence
(3) Limitation on prosecution
(4) Stay of proceedings
(5) Single act of unauthorized practice
55 Conflict with The Corporations Act
56(1) Confidentiality of information
(2) Offence
57(1) Registrar to collect information
(2) Member to provide information
(3) Minister may require information
(4) Registrar to provide information to minister
(5) Minister may disclose information
(6) Authorized entities