R.S.M. 1987, c. R115

The Registered Respiratory Therapists Act

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Table of Contents

PART I INTERPRETATION
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		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		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		Regulations.
	(2)	Prior submission of regulation to members.
	(3)	Standards to be adopted.
6		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		Register.
	(2)	Rosters.
	(3)	Entry of names in register.
	(4)	Appeal upon refusal of registration.
	(5)	Discrimination prohibited.
11		Unauthorized practice.
	(2)	Recovery of fees prohibited.
12		Inspection of register.
13		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		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		Offence by member.
	(2)	Offence by employer.
22		Membership certificate.
23		Fraudulent misrepresentation.
PART IV COMPLAINTS COMMITTEE
24		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		Composition of discipline committee.
	(2)	Association's representation at inquiries.
	(3)	Member of discipline committee not to investigate matter.
38		Complainant's appeal.
39		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		Suspension of members.
	(2)	Notice of suspension.
	(3)	Method of giving notice of suspension.
	(4)	Proof of service of notice of suspension.
41		Disciplinary action against member.
	(2)	Decision to be in the form of an order.
	(3)	Costs.
PART VII APPEALS
42		Appeal to board of directors.
	(2)	Grounds of appeal.
	(3)	Record of proceedings.
	(4)	Action by executive director on appeal.
43		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		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		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		Reporting by members.
	(2)	Non-application to confidential information.
	(3)	Exemption from liability for disclosure.
PART IX ADVISORY COUNCIL
50		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		Functions of council.
	(2)	Further functions of the council.
52		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		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		Confidentiality of information.