The Physiotherapists Act

C.C.S.M. c. P65

The Physiotherapists Act

Table of Contents

PART 1
DEFINITIONS
1 Definitions
PART 2
PRACTICE OF PHYSIOTHERAPY
2 Practice of physiotherapy
(2) Included practices
3 Representation as a physiotherapist
(2) Use of titles
PART 3
COLLEGE OF PHYSIOTHERAPISTS
OF MANITOBA
4 College established
(2) Duty to serve the public interest
(3) Powers
(4) Membership
(5) Meetings
(6) Notice of meetings
5 Council
(2) Council to manage affairs
6 Composition of council
(2) Public representatives
(3) By-laws for election and appointment of members
(4) Officers
(5) Remuneration
(6) Registrar and staff
(7) Committees
PART 4
REGISTRATION
REGISTERS
7 Registers
(2) Register of physiotherapists
(3) Access to information
APPLICATIONS FOR REGISTRATION
8 Board of assessors
9 Registration of physiotherapists
(2) Conditions
(3) Entry in the register
(4) Certificate of registration
9.1 Registration if emergency
(2) Emergency need not be declared
(3) Certificate of registration
10 Application for registration not approved
APPEAL
11 Appeal to council
(2) Notice
(3) Hearing
(4) Right to appear
(5) Participation by member of board of assessors
(6) Decision by council
(7) Notice of decision of appeal
12 Appeal to court
(2) Powers of court on appeal
REGISTRATION OF STUDENTS
13 Registration of students
(2) Appeal from refusal to register
ANNUAL CERTIFICATE OF REGISTRATION
14 Certificate of registration
CANCELLATION OF REGISTRATION
15 Registration may be cancelled if fraud
(2) Registration may be cancelled if conviction
(3) Appeal
PART 5
COMPLAINTS
16 Definitions
COMPLAINTS COMMITTEE
17 Complaints committee
(2) Public representatives
18 Complaints against members
(2) Complaints against former members
19 Referral to complaints committee
20 Informal resolution
(2) Investigation
(3) Records and information
(4) Failure to produce records
(5) Investigation of other matters
(6) Report to complaints committee
DECISION OF COMPLAINTS COMMITTEE
21 Decision of complaints committee
(2) Matter not resolved by mediation
(3) Decision served on member and complainant
(4) Hearing not required
22 Conditions on right to practise
(2) Costs
CENSURE
23 Personal appearance
(2) Publication of censure
(3) Order for costs
VOLUNTARY SURRENDER
OF REGISTRATION
24 Voluntary surrender of registration
(2) Order for costs
25 Conditions on re-instatement
APPEAL BY COMPLAINANT
26 Appeal by complainant to council
(2) Notice
(3) Power on appeal
(4) Notice of decision
(5) Hearing not required
SUSPENSION OF REGISTRATION
PENDING DECISION
27 Suspension of registration pending decision
(2) Notice of suspension or conditions
28 Application for stay
MISCELLANEOUS
29 Referral to inquiry committee
30 Disclosure of information to authorities
INQUIRY COMMITTEE
31 Inquiry committee
(2) Public representatives
32 Selection of panel
(2) Composition
(3) Exclusion from panel
(4) Effect of member being unable to continue
HEARING
33 Hearing
(2) Date of hearing
(3) Notice of hearing
(4) Public notice of hearing
34 Right to appear and be represented
(2) Adjournments
(3) Recording of evidence
35 Member may examine documentary evidence
(2) Member to provide documentary evidence
(3) Evidence of expert without report
(4) Failure to provide summary
36 Investigation of other matters
37 Hearing open to public
(2) Request for a private hearing
(3) When private hearing may be held
(4) Reasons for excluding the public to be available
38 Evidence
(2) Power to administer oaths and affirmations
39 Witnesses
(2) Notice to attend and produce records
(3) Registrar to provide notices
(4) Witness fees
(5) Failure to attend or give evidence
40 Hearing in absence of member
DECISION OF PANEL
41 Findings of panel
42 Orders of panel
(2) Panel may consider censure
(3) Ancillary orders
(4) Costs when conditions imposed
(5) Contravention of order
43 Costs and fines
(2) Nature of costs
(3) Failure to pay costs and fines by time ordered
(4) Filing of order
44 Written decision
(2) Decision forwarded to registrar
(3) Service of decision
(4) Copies of transcript
45 Publication of decision
APPEAL TO COURT
46 Appeal to Court of Appeal
(2) Commencement of appeal
(3) Appeal on the record
47 Powers of Court on appeal
48 Stay pending appeal
REINSTATEMENT
49 Reinstatement
PART 6
REGULATIONS, BY-LAWS
50 Regulations
(2) Approval of regulations
51 By-laws
(2) Amendments and repeal of by-laws
52 Code of ethics
PART 7
GENERAL PROVISIONS
PRACTICE AUDITORS
53 Appointment of practice auditors
(2) Audit of a physiotherapy practice
54 Entry of premises and inspection of records
(2) Admissibility of copies
(3) Entry with order
(4) Obstruction of practice auditor
SERVICE OF DOCUMENTS
55 Service of documents
(2) Deemed receipt
REGISTRAR'S CERTIFICATE
56 Registrar's certificate
PROOF OF CONVICTION
57 Proof of conviction
OFFENCES
58 Offence
(2) Offence
(3) Fraudulent representation on application for registration
(4) Offence by employer
(5) Limitation on prosecution
(6) Prosecution of offence
(7) Stay of proceedings
59 Single act of unauthorized practice
PROTECTION FROM LIABILITY
60 Protection from liability
61 [Repealed]
CONFIDENTIALITY OF INFORMATION
62 Confidentiality of information
62.1 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
INJUNCTION
63 Injunction
DUTY OF MEMBERS TO REPORT
64 Duty of members to report
(2) Exemption from liability for disclosure
EMPLOYER'S RESPONSIBILITY
65 Employer's responsibility to ensure registration
(2) Responsibility to report misconduct
ANNUAL REPORT
66 Annual report
(2) Contents of report
PART 8
TRANSITIONAL, REPEAL
AND COMING INTO FORCE
67 "Former Act" defined
(2) Registration continued
(3) Application for registration continued
(4) Council continued
(5) Complaints under former Act: inquiry commenced
(6) Complaints under former Act: no inquiry commenced
68 Repeal
69 C.C.S.M. reference
70 Coming into force