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AR 224/2005 COMBINED LABORATORY AND X-RAY TECHNOLOGISTS PROFESSION REGULATION

(no amdt)

ALBERTA REGULATION 224/2005

Health Professions Act

COMBINED LABORATORY AND X‑RAY
TECHNOLOGISTS PROFESSION REGULATION

Table of Contents

                1       Definitions

Registers

                2       Register categories

Registration

                3       General register

                4       Current qualifications

                5       Equivalent jurisdiction

                6       Substantial equivalence


                7       Temporary register

                8       Courtesy register

                9       English language requirements

              10       Good character requirements

Practice Permit

              11       Renewal requirements

              12       Conditions

Restricted Activities

              13       Authorized activities

              14       Restriction

              15       Students

Alternative Complaint Resolution

              16       Process conductor

              17       Agreement

              18       Confidentiality

              19       Leaving the process

Reinstatement of Registration and Practice Permits

              20       Applying for reinstatement

              21       Decision

              22       Review

              23       Access to decision

Titles

              24       Use of titles

Information

              25       Requested information

              26       Access to regulated members information

Transitional Provisions, Repeals
and Coming into Force

              27       Transitional provisions

              28       Repeal

              29       Coming into force

Definitions

1   In this Regulation,

                                 (a)    “Act” means the Health Professions Act;

                                 (b)    “College” means Alberta College of Combined Laboratory and X-ray Technologists;

                                 (c)    “Complaints Director” means the complaints director of the College;

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

                                 (e)    “courtesy register” means the courtesy register category of the regulated members register;

                                  (f)    “general register” means the general register category of the regulated members register;

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

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

                                  (i)    “temporary register” means the temporary register category of the regulated members register.

Registers

Register categories

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

                                 (a)                                                                               general register;

                                 (b)                                                                            courtesy register;

                                 (c)                                                                          temporary register.

Registration

General register

3   An applicant for registration as a regulated member on the general register must have obtained a diploma from a program in laboratory and x-ray sciences of at least 2 years’ duration approved by the Council and have successfully passed a registration examination approved by the Council.

Current qualifications

4   If an applicant for registration under section 3 has met the requirements set out in that section but not within 2 years prior to the date that the Registrar receives a complete application, the applicant must

                                 (a)    in the 3 years immediately preceding the date the complete application is received by the Registrar, have been employed for at least 750 hours in the practice of combined laboratory and x-ray technology,

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

                                 (c)    demonstrate to the satisfaction of the Registrar or Registration Committee that the applicant is currently competent to practise as a combined laboratory and x-ray technologist.

Equivalent jurisdiction

5   An applicant for registration on the general register who is currently registered in good standing in another jurisdiction recognized by the Council under section 28(2)(b) of the Act as having substantially equivalent registration requirements is eligible to be registered on the general register.

Substantial equivalence

6(1)  An applicant who is not eligible to be registered under section 3 or 5 and whose qualifications have been determined by the Registration Committee under section 28(2)(c) of the Act to be substantially equivalent to the registration requirements under sections 3 and 4 and who successfully passes the registration examination approved by the Council may be registered on the general register.

(2)  The Registrar may

                                 (a)    require an applicant under subsection (1) to undergo any examination, testing or assessment activity to assist with determining whether or not an applicant’s qualifications are substantially equivalent,

                                 (b)    direct an applicant under subsection (1) to undergo any education or training activities the Registrar may consider necessary in order for the applicant to be registered, and

                                 (c)    request any additional information and evidence that the Registrar considers necessary.

Temporary register

7(1)  An applicant who has fulfilled the registration requirements except for successfully passing a registration examination approved by the Council may be registered on the temporary register.

(2)  The registration of a regulated member on the temporary register may be valid for up to one year.

(3)  If a regulated member on the temporary register successfully passes a registration examination approved by the Council, the Registrar must remove the regulated member’s name from the temporary register and enter it in the general register.

(4)  A regulated member whose registration on the temporary register expires may apply to extend the registration as a regulated member on the temporary register for up to one additional year.

(5)  A regulated member who is registered on the temporary register may practise only while supervised by a regulated member on the general register or by another person approved by the Registrar.

Courtesy register

8(1)  A person who is registered as a combined laboratory and x‑ray technologist or its equivalent in good standing in another jurisdiction who requires registration in Alberta on a temporary basis for a specified purpose and period of time approved by the Registrar and who satisfies the Registrar of the person’s competence to provide the services related to the specified purpose is eligible for registration on the courtesy registrar.

(2)  A regulated member who is registered on the courtesy register must remain registered in the other jurisdiction while registered on the courtesy register.

(3)  A registration on the courtesy register may be valid for up to one year.

English language requirements

9(1)  An applicant for registration as a regulated member 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.

Good character requirements

10  An applicant for registration as a regulated member 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, if applicable, from another jurisdiction in which the applicant is currently registered;

                                 (b)    a statement from the applicant as to

                                           (i)    whether the applicant is currently undergoing or in the past has undergone an unprofessional conduct process by the College or is or has been disciplined by another regulatory body responsible for the regulation of combined laboratory and x-ray technologists or another profession that provides a professional service,

                                          (ii)    whether the applicant has ever been convicted of a criminal offence, and

                                         (iii)    that all information in the application is true to the best of the applicant’s knowledge;

                                 (c)    any other evidence required by the Registrar.

Practice Permit

Renewal requirements

11  A regulated member applying for renewal of the member’s practice permit must state whether the member has been convicted of a criminal offence since the previous renewal of the practice permit and must

                                 (a)    in the 3 years immediately preceding the date the application is received by the Registrar, have been employed for at least 750 hours in the practice of combined laboratory and x-ray technology,

                                 (b)    have successfully completed a refresher education program approved by the Council within 3 years of the date the complete application is received by the Registrar,

                                 (c)    demonstrate to the satisfaction of the Registrar or Registration Committee that the applicant is currently competent to practise as a combined laboratory and x-ray technologist, or

                                 (d)    have completed the education requirements set out in section 3 within the preceding 2 years.

Conditions

12   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.

Restricted Activities

Authorized activities

13(1)  A regulated member may, within the practice of combined laboratory and x-ray technology, perform the following restricted activities:

                                 (a)    applying any form of ionizing radiation in medical radiography while using x-ray equipment;

                                 (b)    inserting or removing instruments, devices or fingers

                                           (i)    beyond the anal verge, or

                                          (ii)    into an artificial opening into the body

                                          for the purpose of administering diagnostic examinations.

(2)  A regulated member on the temporary register may only perform the restricted activities referred to in subsection (1) under the supervision of a regulated member on the general register or of any other regulated health professional who is authorized to provide the restricted activity and who is available for consultation.

(3)  A regulated member may only apply ionizing radiation for a fluoroscopy procedure if a radiologist is present and available to assist.

Restriction

14   Despite section 13, regulated members must restrict themselves in 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.

Students

15(1)  A student who is enrolled in a medical radiation technology program approved by the Health Disciplines Board or the Alberta College of Medical Diagnostic and Therapeutic Technologists or is enrolled in a combined laboratory and x‑ray technology program approved by the Council may perform the restricted activities set out in section 13(1) as part of a clinical practicum while under the supervision of a regulated member registered on the general register or courtesy register.

(2)  The supervising regulated member must

                                 (a)    be on-site and available to assist the student while the student is performing the restricted activity,

                                 (b)    be available for consultation and to assist students in performing restricted activities, as required, and

                                 (c)    be authorized to perform the restricted activity that is being supervised.

Alternative Complaint Resolution

Process conductor

16   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

17   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

18   The complainant and the investigated person must, subject to sections 59 and 60 of the Act, agree to treat all information shared during the process as confidential.

Leaving the process

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

Reinstatement of Registration and
Practice Permits

Applying for reinstatement

20(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 reinstated and practice permit re‑issued.

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

                                 (a)    2 years after the cancellation, or

                                 (b)    2 years after the refusal of an application under clause (a).

(3)  An applicant under subsection (1) must provide evidence to the Registration Committee of qualifications for registration.

(4)  The Registration Committee may require the applicant to undertake either or both of the following:

                                 (a)    demonstrate to the satisfaction of the Registrar or Registration Committee that the applicant is currently competent to practise as a combined laboratory and x-ray technologist;

                                 (b)    successfully complete a refresher program approved by the Council.

Decision

21(1)  An application under section 20 must be reviewed by the Registration Committee in accordance with the application for registration process set out in sections 28 to 30 of the Act.

(2)  On reviewing an application in accordance with subsection (1), the Registration Committee must consider

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

                                 (b)    the evidence presented at the hearing,

                                 (c)    whether the applicant meets the current requirements for registration,

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

                                 (e)    whether the applicant is fit to practise combined laboratory and x-ray technology and does not pose a risk to public safety.

(3)  The Registration Committee, on reviewing an application, may make one or more of the following:

                                 (a)    an order denying the application;

                                 (b)    an order directing the Registrar to reinstate the person’s registration and practice permit;

                                 (c)    an order directing the Registrar to impose specified conditions on the person’s reinstated practice permit.

Review

22(1)  An applicant whose application is denied or on whose practice permit conditions have been imposed under section 21(3), may apply to the Council for a review of the decision of the Registration Committee.

(2)  Sections 31 and 32 of the Act apply to a review under subsection (1).

Access to decision

23(1)  The Registration Committee may order that its decision pursuant to section 21(3) be publicized in a manner it considers appropriate.

(2)  The Council may order that its decision pursuant to section 22 be publicized in a manner it considers appropriate.

(3)  The College must, on request, make the decision of the Registration Committee pursuant to section 21(3) or of the Council pursuant to section 22 available for 5 years to the public from the date the order is made.

Titles

Use of titles

24   Subject to an order made under Part 4 of the Act, a ratified settlement, any conditions imposed on a practice permit under section 12 or under an order made under section 21, a regulated member may use the following titles and initials:

                                 (a)    combined laboratory and x‑ray technologist;

                                 (b)    combined laboratory and x-ray technician;

                                 (c)    CLXT.

Information

Requested information

25(1)  In addition to the information required under section 33(3) of the Act, an applicant for registration and a regulated member must, when there are any changes to the information or on the request of the Registrar, provide the following information to the Registrar:

                                 (a)    the applicant’s or regulated member’s home address, telephone number, fax number and e-mail address as applicable;

                                 (b)    the name of the applicant’s or regulated member’s employer and the employer’s address;

                                 (c)    the number of working hours the applicant or regulated member has been employed in the practice of combined laboratory and x-ray technology in the preceding 3 years by practice areas;

                                 (d)    a transcript of marks from the combined laboratory and x‑ray technology program attended by the applicant or regulated member.

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

                                 (a)    with the consent of the applicant or 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

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

Transitional Provisions, Repeals
and Coming into Force

Transitional provisions

27   On the coming into force of this Regulation,

                                 (a)    a registered member described in section 6 of Schedule 3 to the Act is deemed to be entered in the general register, and

                                 (b)    a temporarily registered member described in section 6 of Schedule 3 to the Act is deemed to be entered in the regulated members register in the temporary register category.

Repeal

28   The Combined Laboratory X-ray Technician Regulation (AR 391/88) is repealed.

Coming into force

29   This Regulation comes into force on the coming into force of Schedule 3 to the Health Professions Act.