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AR 251/2005 PSYCHOLOGISTS PROFESSION REGULATION

(no amdt)

ALBERTA REGULATION 251/2005

Health Professions Act

PSYCHOLOGISTS PROFESSION REGULATION

Table of Contents

                1       Definitions

Registers

                2       Register categories

Registration

                3       General register

                4       Equivalent jurisdiction

                5       Substantial equivalence

                6       Psychology educators

                7       Provisional register

                8       Courtesy register

                9       Good character

              10       Liability insurance

Practice Permit

              11       Renewal requirements

Restricted activities

              12       Authorized activities

              13       Students, non‑regulated persons, supervision

              14       Performance self‑restriction

Titles


              15       Titles

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       Committee

              22       Hearing date

              23       Hearing

Information

              24       Information made available

              25       Requested information

              26       Correcting information

Transitional Provisions, Repeals and
Coming into Force

              27       Transitional

              28       Repeal

              29       Coming into force

Definitions

1   In this Regulation,

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

                                 (b)    “College” means the College of Alberta Psychologists;

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

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

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

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

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

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)    provisional register;

                                 (c)    courtesy register.

Registration

General register

3(1)  An applicant for registration as a regulated member on the general register must

                                 (a)    have earned a post‑graduate degree in psychology that meets the academic requirements established by the Council,

                                 (b)    have successfully completed the registration examination in psychological theory, research and practice approved by the Council, and

                                 (c)    have successfully completed the ethics and jurisprudence examination approved by the Council.

(2)  An applicant for registration as a psychologist under this section must have successfully completed a program of 1600 hours of evaluated practice under the supervision of a registered psychologist approved by the Registration Committee.

Equivalent jurisdiction

4   An applicant for registration as a regulated member 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 may be registered on the general register.

Substantial equivalence

5(1)  An applicant who is not eligible to be registered under section 3 or 4 but 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 section 3 or 4 may be registered on the appropriate register.

(2)  For the purposes of assessing substantial equivalency, the College may require applicants to undergo any examinations, testing, assessment, training or education it considers advisable.

Psychology educators

6(1)  Subject to subsection (2), an applicant for registration who meets the registration requirements under section 3(1)(a) and is currently teaching psychology courses intended to prepare students for direct practice and who passes an examination to demonstrate that the applicant meets the standard of competence for practice in Alberta, including standards of knowledge and judgment in matters of ethics and jurisprudence in Alberta, approved by the Council, may be registered on the general register without completing a program of 1600 hours of evaluated practice under the supervision of a registered psychologist.

(2)  Applicants under this section may apply for registration within one year of the coming into force of Schedule 22 to the Act.

Provisional register

7(1)  An applicant who has fulfilled the registration academic requirements but has not successfully completed the 1600 hours of evaluated practice under section 3(2) or passed the examinations required under section 3(1)(b) may be registered on the provisional register.

(2)  A regulated member on the provisional register must practise under the supervision of a regulated member registered on the general register until completion of the registration requirements under section 3.

(3)  If a regulated member on the provisional register does not complete the registration requirements under section 3, the regulated member’s registration expires 5 years after the date of being registered on the provisional register.

(4)  A person whose registration has expired under subsection (3) may apply in accordance with subsection (1) for registration on the provisional register.

Courtesy register

8(1)  A person who is registered as a psychologist 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 register.

(2)  A person 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 is issued for a maximum of one year.

Good character

9   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)    a statement by the applicant as to whether the applicant is currently undergoing an unprofessional conduct process or has previously been disciplined by another regulating body responsible for the regulation of psychologists or of another profession;

                                 (b)    a statement as to whether the applicant has ever pleaded guilty or has been found guilty of a criminal offence or an offence of a similar nature in a jurisdiction outside Canada for which the applicant has not been pardoned;

                                 (c)    the results of a criminal records check;

                                 (d)    any other relevant evidence requested by the Registrar.

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.

Practice Permit

Renewal requirements

11   A regulated member applying for renewal of a practice permit must

                                 (a)    state whether the member has been convicted of a criminal offence since the member’s last renewal of a practice permit, and

                                 (b)    provide evidence of having the type and amount of professional liability insurance required by the Council.

Restricted Activities

Authorized activities

12(1)  Regulated members registered on the general or courtesy register may, within the practice of psychology, perform the restricted activity of a psychosocial intervention with an expectation of treating a substantial disorder of thought, mood, perception, orientation or memory that grossly impairs judgment, behaviour, capacity to recognize reality or ability to meet the ordinary demands of life.

(2)  Regulated members registered on the provisional register are authorized to perform the restricted activity set out in subsection (1) under the supervision of a regulated member authorized to perform the restricted activity.

Students, non‑regulated persons, supervision

13(1)  A student of the profession of psychologists is permitted to perform the restricted activity set out in section 12(1) within a program of training for psychologists under the supervision of a regulated member registered on the general register, courtesy register or provisional register who is authorized to perform that restricted activity.

(2)  A person who is not referred to in section 4(1)(a) of Schedule 7.1 to the  Government Organization Act is permitted to perform the restricted activity set out in section 12(1) but only if that person

                                 (a)    has the consent of, and is being supervised in accordance with subsection (3) by, a regulated member registered on the general register, courtesy register or provisional register, and

                                 (b)    is engaged in providing health services to another person.

(3)  When a regulated member supervises a student of the profession or a person referred to in subsection (2) performing the restricted activity set out in section 12(1), the regulated member must

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

                                 (b)    be satisfied that the person is competent to perform the restricted activity, and

                                 (c)    supervise the person who is performing the restricted activity by being available for consultation and to review reports from the person performing the restricted activity regarding the person’s performance of the restricted activity.

(4)  The amount and type of supervision provided to students and persons referred to in subsection (2) must be based on the regulated member’s professional judgment, subject to the Standards of Practice established by the Council.

Performance self‑restriction

14   Despite any authorization to perform a restricted activity, regulated members must restrict themselves in performing a restricted activity to the activity they are competent to perform and that is appropriate to the member’s area of practice and the procedure being performed.

Titles

Titles

15(1)  A regulated member who is registered on the following registers may use the following titles:

                                 (a)    a regulated member registered on the general or courtesy register is authorized to use the title, psychologist or registered psychologist;

                                 (b)    a regulated member whose name is entered on the provisional register is authorized to use the title provisional psychologist or registered provisional psychologist.

(2)  Regulated members may, in accordance with section 5 of Schedule 22 to the Act, use the titles and abbreviations set out in that section.

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 and practice permit reinstated.

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

                                 (a)    one year after the date of the cancellation, or

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

Committee

21(1)  On receipt of an application under section 20, the Registrar must notify the Hearings Director and a Reinstatement Review Committee must be appointed in accordance with the bylaws.

(2)  Any member involved in the initial cancellation of the registration may not be a member of the Reinstatement Review Committee.

Hearing date

22   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 20.

Hearing

23(1)  A reinstatement hearing is open to the public unless the Reinstatement Review Committee determines that it should be closed.

(2)  The Reinstatement Review Committee may make either of the following orders:

                                 (a)    the application for reinstatement is approved with or without conditions;

                                 (b)    the application for reinstatement is denied.

(3)  The Reinstatement Review Committee must provide its reasons in writing.

(4)  The College must make a copy of the order of the Reinstatement Review Committee available to the public for 5 years after the date that order was issued.

Information

Information made available

24   The Council must provide

                                 (a)    information respecting the cancellation, suspension or imposition of conditions on a practice permit while the suspension, cancellation or conditions are in effect,

                                 (b)    information as to whether a hearing is scheduled to be held or has been held under Part 4 of the Act with respect to a named regulated member until the hearing is completed,

                                 (c)    information contained in a record of a hearing until any conditions contained in an order under Part 4, to which the record pertains, have been met or in the case of an order that cancels a registration, for 5 years, and

                                 (d)    any other information referred to in section 119(4), for 5 years.

Requested information

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

                                 (a)    home address, telephone number, e‑mail address and fax number;

                                 (b)    business address, telephone number, e‑mail address and fax number;

                                 (c)    date of birth;

                                 (d)    gender;

                                 (e)    type of graduate degree in psychology;

                                  (f)    name of institution where degree was obtained;

                                 (g)    graduation date;

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

                                  (i)    any other regulated professions with which the member is registered and entitled to practise in Alberta or elsewhere;

                                  (j)    whether the member is registered to practise psychology in another jurisdiction.

(2)  Despite subsection (3), the College may disclose the following information to the public:

                                 (a)    business telephone number and fax number;

                                 (b)    business e‑mail address;

                                 (c)    business address;

                                 (d)    date of registration;

                                 (e)    academic degree;

                                  (f)    whether the registered member is authorized to use the title doctor or the abbreviation Dr.

(3)  Subject to section 34(1) of the Act, the information in subsection (1) may be disclosed by the College in a summarized or statistical format.

Correcting information

26   The Registrar may correct or remove any information on the register of regulated members if the Registrar determines it is incorrect.

Transitional Provisions, Repeals and
Coming into Force

Transitional

27   On the coming into force of this Regulation, a registered member described in section 7 of Schedule 22 to the Act is deemed to be entered in the regulated members register in the register category that the Registrar considers appropriate.

Repeal

28   The Psychology Profession Regulation (AR 72/87) is repealed.

Coming into force

29   This Regulation comes into force on the coming into force of Schedule 22 to the Health Professions Act.