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AR 124/2002 SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS PROFESSION REGULATION

(no amdt)

ALBERTA REGULATION 124/2002

Health Professions Act

SPEECH‑LANGUAGE PATHOLOGISTS AND
AUDIOLOGISTS PROFESSION REGULATION

Table of Contents

                1       Definitions

                2       Register categories

Registration

                3       Speech‑language pathologist general registration

                4       Audiologist general registration

                5       Current qualifications

                6       Equivalent jurisdiction

                7       Substantially equivalent qualifications

                8       Courtesy registration

                9       Good character, reputation

              10       Liability insurance

              11       English language requirements

Practice Permit

              12       Renewal requirements

              13       Conditions


Restricted Activities

              14       Member authorization

              15       Restriction

              16       Student authorization

              17       Authorizing other persons

Titles

              18       Use of titles

Alternative Complaint Resolution

              19       Process conductor

              20       Agreement

              21       Confidentiality

              22       Leaving the process

Reinstatement

              23       Application

              24       Hearing date

              25       Reinstatement Review Committee

              26       Hearing

              27       Deliberations

              28       Decision

              29       Access to decision

Information

              30       Requested information

              31       Access to regulated members information

              32       Correcting information

Coming into Force

              33       Coming into force

Definitions

1   In this Regulation,

                                 (a)    “College” means Alberta College of Speech‑Language Pathologists and Audiologists;

                                 (b)    “Council” means the council of the College;

                                 (c)    “Hearing Tribunal” means a hearing tribunal of the College;

                                 (d)    “Registrar” means the registrar of the College;

                                 (e)    “Registration Committee” means a registration committee of the College;

                                  (f)    “Reinstatement Review Committee” means the Reinstatement Review Committee of the College.

Register categories

2   The regulated members register established by the Council under section 33(1)(a) of the Act has the following categories:

                                 (a)    speech‑language pathologist general register;

                                 (b)    speech‑language pathologist courtesy register;

                                 (c)    audiologist general register;

                                 (d)    audiologist courtesy register.

Registration

Speech-language pathologist general registration

3   An applicant for registration as a regulated member in the speech‑language pathologist general register must have obtained a minimum of a masters degree from a speech‑language pathology program that is approved by the Council.

Audiologist general registration

4   An applicant for registration as a regulated member in the audiologist general register must have obtained a minimum of a masters degree from an audiology program that is approved by the Council.

Current qualifications

5   An applicant for registration under section 3 or section 4

                                 (a)    must have completed the education program described in that section within 3 years prior to the date that the Registrar receives a complete application,

                                 (b)    must

                                           (i)    have successfully completed refresher education courses approved by the Council within 3 years of the date the complete application is received by the Registrar, or

                                          (ii)    have practised as an audiologist or speech‑language pathologist for at least 1250 hours in the 5 years immediately preceding the application,

                                     or

                                 (c)    must demonstrate to the satisfaction of the Registrar or the Registration Committee that the applicant is currently competent to practice as an audiologist or speech‑language pathologist.

Equivalent jurisdiction

6   An applicant for registration who is currently registered in good standing in another jurisdiction recognized by the Council as having qualifications substantially equivalent to the registration requirements set out in sections 3 and 5 or in sections 4 and 5 may be registered in the appropriate register.

Substantially equivalent qualifications

7(1)  An applicant who is not eligible to be registered under section 3, 4 or 6 and whose qualifications have been determined by the Registration Committee to be substantially equivalent to the competency requirements under section 3 or 4 may be registered in the appropriate register.

(2)  For the purpose of determining substantial equivalency of the qualifications of an applicant under subsection (1), the Registration Committee may require the applicant to undergo any examinations, testing, assessment, training or educational programs the Registration Committee considers necessary.

Courtesy registration

8   A person who requires registration in Alberta as a registered member for up to one year for a purpose approved by the Registrar is eligible to be registered on the appropriate courtesy register if the person

                                 (a)    is registered as a speech‑language pathologist or audiologist in good standing in another jurisdiction, or

                                 (b)    satisfies the Registrar of having the necessary competencies to carry out the purpose for which registration is requested.

Good character, reputation

9   All applicants for registration as regulated members must provide evidence of having good character and reputation by submitting any of the following on the request of the Registrar:

                                 (a)    written references from colleagues and, where applicable, from another jurisdiction in which the applicant is currently registered;

                                 (b)    a statement by the applicant as to whether  the applicant is currently undergoing an unprofessional conduct process or has previously been disciplined by another regulatory body responsible for the regulation of speech‑language pathologists or audiologists or of another profession;

                                 (c)    a statement as to whether the applicant has ever been convicted of a criminal offence;

                                 (d)    any other evidence as requested.

Liability insurance

10   All applicants for registration as regulated members must provide evidence of having the type and amount of professional liability insurance required by the Council.

English language requirements

11(1)  All applicants for registration as regulated members must be sufficiently proficient in the English language to be able to provide professional services in English.

(2)  An applicant may be required by the Registrar to demonstrate proficiency in the English language in accordance with the standards approved by the Council.

Practice Permit

Renewal requirements

12   Regulated members applying for renewal of their practice permit must comply with the requirements respecting good character and liability insurance set out in sections 9 and 10 and must

                                 (a)    within the 5‑year period immediately preceding the application for renewal, have practised as a speech‑language pathologist or audiologist for 1250 hours,

                                 (b)    within the 3‑year period immediately preceding the application for renewal, have successfully completed refresher education courses in the relevant profession as approved by the Council,

                                 (c)    within the 3‑year period immediately preceding the application for renewal, have completed the education requirements specified in section 3 or 4, or

                                 (d)    demonstrate to the satisfaction of the Registrar or Registration Committee that they are currently competent to practice as an audiologist or speech‑language pathologist.

Conditions

13   The Registrar or Registration Committee may impose conditions on a practice permit which may include but are not limited to

                                 (a)    practising under the supervision of a regulated member;

                                 (b)    limiting practice to specified professional services or areas of practice;

                                 (c)    refraining from practising specified restricted activities.

Restricted Activities

Member authorization

14(1)  In the provision of speech‑language pathology services members registered on the speech‑language pathologist general register or speech‑language pathologist courtesy register may perform the following restricted activities:

                                 (a)    insert into the ear canal air under pressure;

                                 (b)    insert or remove instruments or devices beyond the point in the nasal passages where they normally narrow;

                                 (c)    insert or remove instruments, devices or fingers beyond the pharynx;

                                 (d)    insert or remove instruments or devices into an artificial opening into the body;

                                 (e)    administer oral diagnostic imaging contrast agents.

(2)  In the provision of audiology services members registered on the audiologist general register or the audiologist courtesy register may perform the following restricted activities:

                                 (a)    insert or remove instruments or devices beyond the cartilaginous portion of the ear canal;

                                 (b)    insert into the ear canal

                                           (i)    liquid, air or gas under pressure;

                                          (ii)    a substance that subsequently solidifies.

Restriction

15   Despite section 14, regulated members must restrict themselves when performing restricted activities to those activities that they are competent to perform and to those that are appropriate to the member’s area of practice and the procedure being performed.

Student authorization

16(1)  A student who is enrolled in a speech‑language pathology program or an audiology program approved by the Council may perform the restricted activities set out in section 14 under the supervision of a regulated member.

(2)  The supervising regulated member must

                                 (a)    be authorized to perform the restricted activity being supervised,

                                 (b)    have a minimum of one year of experience in performing the restricted activity, and

                                 (c)    be on site while the student performs the restricted activity and be available to assist or if in the opinion of the supervising regulated member the student does not require such supervision the supervising regulated member must be available for consultation while the student performs the restricted activity and must review the restricted activity performed by the student.

Authorizing other persons

17(1)  A person not otherwise authorized to perform a restricted activity may perform a restricted activity set out in section 14 under the supervision of a regulated member registered on the speech‑language pathologist general register or the audiologist general register who is authorized to perform the restricted activity being performed.

(2)  The supervising regulated member must

                                 (a)    be authorized to perform the restricted activity being supervised,

                                 (b)    have a minimum of one year of experience in performing the restricted activity, and

                                 (c)    be physically present and available to assist the person during the performance of the restricted activity or if in the opinion of the supervising regulated member the person does not require such supervision, the supervising regulated member must be available for consultation while the person performs the restricted activity.

(3)  If a regulated member on the audiologist general register is supervising a person who is providing the restricted activity set out in 14(2)(b) in relation to the provision of tympanometry or ear mold impressions, that regulated audiologist must provide the degree of supervision that in the regulated member’s opinion is commensurate with the supervised person’s competence.

Titles

Use of titles

18(1) Regulated members may use the titles set out in section 2 of Schedule 28 to the Act according to the following terms and conditions:

                                 (a)    members registered on the speech‑language pathologist general register and members registered on the speech‑language pathologist courtesy register may use the titles speech‑language pathologist, speech therapist, speech pathologist, and the initials SLP and R.SLP;

                                 (b)    members registered on the audiologist general register and members registered on the audiologist courtesy register may use the title audiologist and the abbreviations Aud and R.Aud.

(2)  A speech‑language pathologist may use the title pathologist only in combination with the titles speech and speech‑language.

(3)  A regulated member who holds a doctorate degree in speech‑language pathology or audiology from a program approved by the Council may use the title doctor or the abbreviation Dr. alone or in combination with other words in connection with providing a health service.

(4)  All regulated members may use the title registered or regulated and the title regulated health professional.

Alternative Complaint Resolution

Process conductor

19   When a complainant and an investigated person have agreed to enter into an alternative complaint resolution process, the Complaints Director must appoint an individual to conduct the alternative complaint resolution process.

Agreement

20   The person conducting the alternative complaint resolution process must in consultation with the complainant and the investigated person establish the procedures for and objectives of the alternative complaint resolution process, which must be set out in writing and signed by the complainant, the investigated person and the representative of the College.

Confidentiality

21   The complainant and the investigated person must, subject to section 59 of the Act, agree to treat all information shared during the process as confidential.

Leaving the process

22   The complainant and the investigated person may withdraw from the alternative complaint resolution process at any time.

Reinstatement

Application

23(1)  A person whose registration and practice permit have been cancelled under Part 4 of the Act may apply in writing to the Registrar to have the registration and practice permit reinstated.

(2)  An application under subsection (1) may not be made earlier than

                                 (a)    5 years after the cancellation, or

                                 (b)    one year after a decision to reject an application under subsection (1).

Hearing date

24(1)  The Reinstatement Review Committee must hold a reinstatement hearing regarding the application for reinstatement within 90 days of receipt of the application by the Registrar under section 23.

(2)  The Registrar must provide to the person making the application, at least 30 days before the date of the reinstatement hearing, written notice of the time and place of the hearing.

Reinstatement Review Committee

25   On receipt of an application under section 23, the Registrar must notify the Hearings Director and the Hearings Director must appoint 3 regulated members who are not members of the Registration Committee or of the Council as members of a Reinstatement Review Committee.

Hearing

26(1)  The reinstatement hearing is open to the public unless the Reinstatement Review Committee determines on its own motion or on application by any person that the reinstatement hearing or part of it should be in private because

                                 (a)    of probable prejudice to a civil action or a prosecution of an offence,

                                 (b)    of concern for the safety of the person or the public,

                                 (c)    the non‑disclosure of a person’s confidential, personal, property acquisition or financial information outweighs the desirability of having the reinstatement hearing open to the public, or

                                 (d)    of other reasons satisfactory to the Reinstatement Review Committee.

(2)  The applicant must present evidence of the actions taken since the cancellation.

(3)  The Registrar or a person that the Registrar designates may appear at the reinstatement hearing on behalf of the College to present evidence, including a copy of the decision and of the record of the hearing at which the applicant’s registration and practice permit were cancelled, and to make submissions respecting the application.

(4)  If a person is designated under subsection (3), the Registrar must inform the applicant of the person’s name at least 30 days before the date of the reinstatement hearing.

(5)  The following may be represented by legal counsel at the reinstatement hearing:

                                 (a)    the Reinstatement Review Committee hearing the application;

                                 (b)    the applicant;

                                 (c)    the Registrar or a person designated under subsection (3).

(6)  Evidence may be given before the Reinstatement Review Committee in any manner that it considers appropriate and it is not bound by the rules of law respecting evidence applicable to judicial hearings.

Deliberations

27   In determining whether or not an application should be approved, the Reinstatement Review Committee must

                                 (a)    consider

                                           (i)    the record of the hearing at which the applicant’s registration and practice permit were cancelled, and

                                          (ii)    the evidence presented at the hearing,

                                     and

                                 (b)    be satisfied that

                                           (i)    the applicant meets the current requirements for registration,

                                          (ii)    any conditions imposed at the time the applicant’s permit and registration were cancelled have been met, and

                                         (iii)    the applicant is fit to practice speech‑language pathology or audiology, as the case may be, and does not pose a risk to public safety.

Decision

28(1)  The Reinstatement Review Committee must, within 60 days after the conclusion of a reinstatement hearing, issue a written decision containing one or more of the following orders:

                                 (a)    an order denying the application;

                                 (b)    an order directing the Registrar to reinstate the person’s registration and practice permit if the person is eligible for registration as a regulated member in a register referred to in section 2;

                                 (c)    an order directing the Registrar to impose specified terms and conditions on the person’s practice permit;

                                 (d)    an order directing the person making the application to pay any or all of the College’s expenses incurred in respect of the application, as calculated in accordance with the by‑laws.

(2)  The Reinstatement Review Committee must provide reasons for any of its orders in its written decision and its decision is final.

Access to decision

29(1)  The Reinstatement Review Committee may order that its decision be publicized in a manner it considers appropriate.

(2)  The College must make the decision of the Reinstatement Review Committee available for 5 years to the public on request.

Information

Requested information

30(1)  A regulated member must provide the following information, in addition to that required under section 33(3) of the Act, at the request of the Registrar and when there are any changes to the information:

                                 (a)    all the regulated member’s places of employment, the employers’ addresses and phone numbers;

                                 (b)    registration numbers if registered with any professional organizations specified by the Council;

                                 (c)    the regulated member’s date of birth, mailing address and home and work phone numbers;

                                 (d)    the names of all the regional health authorities where the regulated member provides professional services;

                                 (e)    any education programs related to the regulated member’s practice that a member has taken in addition to the required programs;

                                  (f)    any other regulated professions with which the member is registered and entitled to practice;

                                 (g)    the number of hours the member has worked in the applicable profession in the previous 5 years.

(2)  Subject to section 34(1) of the Act, the College may release the information collected under subsection (1) only

                                 (a)    with the consent of the regulated member whose information it is, or

                                 (b)    in a summarized or statistical form so that it is not possible to relate the information to any particular identifiable person.

Access to regulated members information

31   The period of time during which the College is required to provide information under section 119(4) of the Act is 5 years.

Correcting information

32   The Registrar may correct or remove any information in the register if the Registrar determines it is incorrect or inaccurate.

Coming into Force

Coming into force

33   This Regulation comes into force on the coming into force of Schedule 28 to the Health Professions Act.