College Bylaws

With Amendments approved by Orders in Council to January 24th, 2002

Table of Contents

1. Definitions

Part I : Board of the College

2. Board

3. Nomination procedure of elected registrants

4. Election/Voting procedure

5. Terms of office

6. Vacancy

7. Payments

8. Chair

9. Vice-chair and acting Chair

10. Board meetings

11. Committees

12. Registration committee

13. Inquiry committee

14. Discipline committee

15. Quality assurance committee

    • Standards
    • Continuing Competency

16. Patient relations committee

17. Special committees

    • Legislative
    • Finance

Part II : College Administration

18. Seal

19. Registrar

20. Deputy registrar

21. Inspectors

22. Fiscal year

23. Payments

24. Financial authority

25. Borrowing powers

26. Investment income

27. Auditor

28. Legal counsel

29. General meetings

Part III : Registration

30. Classes of registrants

31. Full registration

32. Interim Registration

33. Limited registration

34. Student registration

35. Inactive registration

36. Honorary registration

37. Courtesy registration

38. Registered remedial gymnast

39. Transfer to full registration

40. Special registers

41. Certificate of registration

42. Renewal of Registration

43. Examinations

44. Fees

45. Continuing competency

46. Liability insurance

47. Reporting of registrants of another health profession college

Part IV : Investigation and Discipline

48. Reporting of registrants

49. Mediation

50. Inquiry

51. Discipline

52. Reinstatement

53. Professional misconduct

54. Disclosure

Part V : Standards of Practice

55. Code of ethics

56. Minimal Treatment Standards

57. Business Practice Standards

58. Advertising Standards

Part VI : Miscellaneous

59. Access to health care records

60. Registrant records

61. Disposal of college records containing personal information

Part VII : Health Profession Corporations

62. Health profession corporation permits

63. Hearings respecting revocation of health profession corporation permits

Appendices

64. Subpoena

65. Fees related to FOIPOP requests

1. Definitions

In these Bylaws:

Act” means the Health Professions Act;

advertisement” means the use of space or time in a public medium, or the use of a commercial publication such as a brochure or handbill, to communicate with the general public or a segment thereof, for the purpose of promoting professional services or enhancing the image of the advertiser.

advisory statement” means a statement approved by the Board which provides an interpretation of standards or clinical practice statements and are a guideline for registrants.
 
appointed registrant” means a registrant of the Board appointed under section 17(3)(b) of the Act.
 
auxiliary worker” means a physical therapist aide, rehabilitation assistant, activity aide, home support worker, volunteer or other support personnel who is not a licensed physical therapist but who works under the direction of a physical therapist.
 
board” means the Board of College of Physical Therapists.
 
chair” means the chair of the board elected under section 8.

clinical practice statement” means a statement which outlines generally acceptable practices which have been approved by the board and are enforceable under section 53(1)(f) of these bylaws;

 “college” means the College of Physical Therapists;
 
elected registrant” means a registrant of the board elected under s.17(3)(a) of the Act;
 
electrotherapy” means applications of all modalities derived from the electromagnetic spectrum and ultrasound into the body for therapeutic purposes;
 
facility” means a place where clients receive physical therapy;
 
examination” means a theoretical examination, given orally or in writing, or a practical examination, or any combination of these, and includes a supplemental examination;
 
good standing” means membership rights are not constrained or limited;
 
marketing activity” includes:
    1. an advertisement,
    2. any publication or communication in any medium with any patient, prospective patient or the public generally in the nature of an advertisement, promotional activity or material, a listing in a directory, a public appearance or any other means by which a registrant’s services are promoted, and
    3. contact with a prospective client initiated by a registrant

patient” is synonymous with client or consumer and means a recipient of physical therapy services;

physical therapy/ physiotherapy“, the terms are synonymous;

practice of physical therapy/physiotherapy” means the treatment of the human body by physical or mechanical means, by manipulation, massage, exercise, the application of bandages, hydrotherapy, and medical electricity, for the purpose of maintaining or restoring function that has been impaired by injury or disease;

practical training” means educational clinical practice under the supervision of a registered physical therapist;

registered physical therapist or physiotherapist“, the terms being synonymous, means a registrant of the college who is registered under this Act as a physical therapist;

registrant” means a registrant of the college who is registered under section 20(2) or under section 43 (1) of this Act;

remedial gymnast” means a registrant who is registered under section 38 of these bylaws;

regulations” means the regulations made under the Health Professions Act;

respondent” means a registrant named in a citation under section 37 (of the Act);

sexual misconduct” by a registrant includes:

    1. sexual intercourse or other forms of physical sexual relations between the registrant and the patient,
    2. touching, of a sexual nature, of the patient by the registrant, or
    3. behaviour or remarks of a sexual nature by the registrant towards the patient;

standard” as defined in the Act section 19(1)(k);

unprofessional” means if, in the determination of the board or of the discipline committee, the activity is contrary to the best interest of the public or it tends to diminish the profession’s ability to provide service of the highest quality; 

vice-chair” means the vice-chair of the board elected under section 9 (of these bylaws).

Part I : Board of The College

2. Board

The board includes six (6) elected registrants and the board registrants appointed by the Minister.  

3. Nomination procedure of Elected Registrants

  1. At least sixty days (60) prior to the expiration of a term of office of an elected registrant, the registrar must notify every registrant in the college of a pending vacancy and provide information about the voting procedure and of the nomination procedure by sending a written notice to each registrant to his or her last known address.
  2. Any full registrant, in good standing, may nominate for office a maximum of two (2) full registrants by mailing such nomination to the registrar, together with a letter of consent from the nominee, at least thirty days (30) prior to the expiration of the term of office.
  3. A nominee must declare in writing, that he or she will observe the provisions of the Act, the regulations and these bylaws and the procedures related to the election and the conduct of the election.
  4. The registrar must disqualify any nominee whose nomination or election contravenes the Act, the regulations, or these bylaws or whose registration is not in good standing.

4. Election/Voting procedure

  1. The quorum for a general membership meeting is fifty (50) full registrants present and in good standing.
  2. At general membership meetings, voting shall be show of hands unless a secret ballot is requested by a motion of the majority of the registrants.
  3. Voting may be by proxy. The proxy shall be signed and dated by the full registrant and shall specify, by name, the full registrant who will be exercising it at the meeting. Such proxies must be received by the registrar no less than forty eight (48) hours before the date of the general meeting for which they are written. No full registrant must carry more than fifteen (15) proxy votes.
  4. In the case of an tie vote during an election, the registrar must cast one additional vote for one of the tied candidates by lottery.
  5. A mail ballot shall be used at the discretion of the board. On all questions being decided by a mail ballot, every full registrant in good standing has a right to vote.
  6. If the board determines a mail ballot shall be used, the Board shall determine the date by which the ballots must be received, which shall not be less than thirty (30) days from the date on which the ballot is mailed to the full registrants and no ballot received after that date shall be counted.
  7. The registrar must supervise and administer all board elections and may establish procedures, consistent with these bylaws, for that purpose.
  8. In the event of any irregularity or dispute with respect to any nomination, ballot or election, the registrar must be the sole arbitrator thereof, and his or her decision must be final.
  9. Where the number of nominees is less than or equal to the number of positions, the registrar will declare the nominees to be elected by acclamation.

5. Terms of office

  1. The term of office for an elected registrant is two (2) years.
  2. An elected board registrant may serve a maximum of three (3) consecutive terms.
  3. An elected board registrant may resign at any time by delivering a notice in writing to the registrar and the resignation of an elected board registrant shall take effect immediately upon delivery of a notice in writing to the registrar.
  4. A board or committee registrant who resigns or whose appointment term has ended may:
    1. continue to serve until a successor is appointed, and
    2. even if a successor is appointed, continue to serve as a registrant of a committee established under section 19 (of the Act) to complete the work of the committee commenced before the resignation or end of term.
  5. An elected board registrant may be removed by a three-quarters vote of the board if they are unable to fulfil the duties of the office due to:
    1. non-attendance
    2. conflict of interest or
    3. physical or mental incapacity.

6. Vacancy

Any vacancy of an elected board registrant may be filled by the Board appointing a full registrant in good standing for the remainder of that registrant’s term by an affirmative vote of at least two-thirds of the remaining board registrants.

7. Payments

Board and committee registrants may be paid an honorarium annually up to the amount of the annual registration fee and must be reimbursed by the college for reasonable expenses necessarily incurred in connection with the activities of the board or committees.

8. Chair

  1. A chair must be elected from among the members of the board by a majority vote of the board for a one year term.
  2. The chair must:
    1. preside at all meetings of the college and board and be an ex officio registrant of all committees,
    2. sign all certificates, diplomas and other instruments executed on behalf of the college as required,
    3. sign the minutes of each meeting when approved by the board, and
    4. act generally in accordance with the requirements of his or her office for the proper carrying out of the duties of the board.

9. Vice-chair and acting chair

  1. The vice-chair must be elected from among the members of the board by a majority vote of the board for a one-year term to perform the duties of the chair in his or her absence.
  2. In the absence of both the chair and the vice-chair, an acting chair for a meeting must be elected by a majority vote of:
    1. the board, in the case of a board meeting, and
    2. the full registrants present, in the case of a general meeting.

10. Board meetings

  1. The board must meet at least four (4) times in each fiscal year and reasonable notice of meetings must be given to registrants of the college and to the public by the chair.
  2. Despite section 10(1), the registrar or chair may call a meeting of the board without providing notice where necessary to conduct urgent business.
  3. The meetings of the board must be open to registrants and to the public.
  4. Notwithstanding subsection 3, the board may exclude any person from any meeting, or part of a meeting, if it is satisfied that:
    1. regulatory or financial or personal or other matters may be disclosed of such a nature that the desirability of avoiding public disclosure of them in the interest of any person affected or in the public interest outweighs the desirability of adhering to the principle that meetings be open to the public,
    2. a person involved or potentially involved in a criminal proceeding or civil suit or proceeding or disciplinary proceeding may be prejudiced,
    3. personnel matters, draft bylaws, draft resolutions, advice or recommendations developed by or for the college or property acquisitions will be discussed,
    4. instructions will be given to or opinions received from legal counsel for the college, the board, or committees,
    5. the content of examinations will be discussed or
    6. communications with the Office of the Ombudsman will be discussed.
  5. If the board excludes any person from a meeting, it must have its reasons for doing so noted in the minutes of the meeting.
  6. Meetings of the board must be called by the registrar at the request of either the chair or any three (3) board registrants.
  7. Election/ Voting procedures:
    1. A minimum of five (5) registrants of the board constitutes a quorum. If a quorum is not present after the expiration of thirty (30) minutes from the time fixed for the meeting, the Chair may adjourn the meeting and fix the time and place of the re-scheduled meeting.
    2. A written resolution signed by all of the registrants of the board will be valid and binding and of the same effect as if such resolution had been duly passed at a meeting of the board.
    3. The board may conduct meetings by mail, electronic means, facsimile, or conference telephone.
    4. Except as otherwise provided in the Act, the regulations, or these bylaws, Robert’s Rules of Order, Revised, must govern the procedures at meetings of the board.
    5. Voting by registrants of the board shall be by show of hands or verbal indication except where a secret ballot is requested by the majority of registrants.
    6. Where a secret ballot is requested and the meeting is being held by conference call, a registrant may designate a registrant who is present to vote on his/her behalf.

 11. Committees

  1. A committee may exercise any power, duty, or function assigned to it by the board.
  2. A committee registrant (excluding Inquiry and Discipline)
    1. may serve a term of not more than two (2) years.
    2. is eligible for re-appointment for a maximum of two (2) terms.
    3. may be removed by a majority vote of the board for any of the reasons set out in subsection 5(5)(a) through (c).
  3. A registrant of the Inquiry or Discipline committees:
    1. may serve a term of not more than five (5) years.
    2. is eligible for re-appointment for a maximum of three (3) terms.
    3. may be removed by a majority vote of the board for any of the reasons set out in subsection 5(5)(a) through (c).
  4. The board must appoint a committee chair and a committee vice-chair from among the registrants of the committee.
  5. A minimum of three (3) registrants of the committee constitutes a quorum.
  6. The meetings of a committee must be open to registrants and to the public.
  7. Notwithstanding subsection 6, the committee may exclude any person from any meeting, or part of a meeting, for any of the reasons set out in subsections 10(4)(a) through (d).
  8. Except as the Act, the regulations, or these bylaws otherwise provide, Robert’s Rules of Order, Revised, must govern the procedures at committee meetings.
  9. A committee may conduct meetings by mail, electronic means, facsimile, or conference telephone.
  10. Each committee must annually submit a report of its activities to the board.
  11. A committee or its chair may establish from time to time
    1. the number [at least three (3)] of its registrants who will constitute any particular panel;
    2. the persons who will be registrants of any particular panel; and
    3. the chair of the panel.
  12. A panel may exercise any power, duty, or function of the committee assigned to it by the committee.

12. Registration committee

The registration committee is established consisting of five (5) registrants appointed by the board, including one board registrant appointed by the Minister, one elected board registrant, and three (3) full registrants.

13. Inquiry committee

The inquiry committee is established consisting of a minimum of five (5) registrants appointed by the board, including one board registrant appointed by the Minister, one elected board registrant, and three (3) full registrants.

14. Discipline committee

  1. The discipline committee is established consisting of not less than six (6) registrants appointed by the board, including public representatives and at least four (4) full registrants.
  2. The discipline committee or its chair may establish and appoint from time to time:
    1. a panel of three (3) of its registrants, at least two (2) of whom are registrants of the College, to hear and determine a matter set out for hearing by citation issued under section 37 of the Health Professions Act;
    2. the persons who will be registrants of any particular discipline committee panel; and
    3. the chair of the discipline committee panel.
  3. No person may sit on the discipline committee while a registrant of the inquiry committee.
  4. No registrant of the discipline committee may participate in the hearing of a matter in which he or she was involved as a registrant of the inquiry committee.
  5. Notice of such hearings must be available to the public.
  6. The discipline committee may exclude any person from any hearing , or part of a hearing, if satisfied that:
    1. impact of the disclosure of a complainant or witnesses name and identity would result in harm, either psychological or physical, to the complainant or the witness or
    2. for any of the reasons set out in subsection 10(4)(a) and (b).

15. Quality assurance committee

  1. The quality assurance committee is established consisting of five (5) registrants appointed by the board, including one board registrant appointed by the Minister, one elected board registrant and three (3) full registrants.
  2. The quality assurance committee shall report to the board on the issues of establishing and monitoring continued clinical competence, re-entry to the profession and setting of standards and clinical practice guidelines.
  3. The quality assurance committee may establish subcommittees as required.
  4. Continuing Competence
    1. The continuing competence committee is a sub committee of the quality assurance committee and reports to the quality assurance committee and the board.
    2. The continuing competence committee is responsible for reporting to the board, recommendations for establishing and monitoring adherence to standards for maintenance of competence for registrants.
    3. The continuing competence committee is established consisting of at least five (5) registrants.

16. Patient relations committee

  1. The patient relations committee is established consisting of five (5) registrants appointed by the board, including one board registrant appointed by the Minister, one elected board registrant and three (3) full registrants.
  2. The patient relations committee shall make recommendations to the board regarding a patient relations program.
  3. The patient relations program must include measures for preventing or dealing with professional misconduct of a sexual nature.
  4. The measures for preventing or dealing with professional misconduct of a sexual nature must include:
    1. the development and co-ordination, for the College, of educational programs on professional misconduct for registrants and the public,
    2. guidelines for the conduct of registrants with their patients, and
    3. the provision of information to the public regarding the responsibilities of registrants and the college’s complaint and disciplinary process.

17. Special committees

  1. Legislative Committee
    1. The legislative committee is responsible for the ongoing review and recommendation of revision of the bylaws to, and at the direction of, the board.
    2. The legislative committee is established consisting of one board registrant and at least four (4) full registrants.
  2. Finance Committee
    1. The finance committee is responsible for overseeing the annual budget process and advising the registrar in matters of financial management.
    2. The finance committee is established consisting of one board registrant, one full registrant and the registrar.

Part II : College Administration

18. Seal

  1. The board must provide a common seal for the college.
  2. The seal of the college must be affixed to certificates of registration and such other documents as the board may direct by resolution, under the hands of such persons as the board may designate.

19. Registrar

  1. The registrar must:
    1. be responsible for the funds of the college and make deposits in a chartered bank or other similar financial institution designated by the board,
    2. at each meeting of the board, submit a report of all revenues and expenditures since the last meeting unless otherwise ordered by the board,
    3. submit an annual report to the annual general meeting of the college, and
    4. submit a financial statement to the auditor immediately after the end of each fiscal year.
    5. keep the records and the Seal of the College and perform such other duties required of them by the Act and the bylaws and such other duties as required by the Board.
  2. When the financial statement for the College has been certified by the auditor in writing, the registrar must mail a copy thereof to each registrant not later than the first day of June in each year.
  3. The registrar is an ex officio registrant of every committee of the board.
  4. The registrar is the head of the College for purposes of the Freedom of Information and Protection of Privacy Act.
  5. In the event of the office of the Registrar being vacant, the Chair shall make a temporary appointment of a full registrant of the College to act as Registrar until a successor is appointed by the Board.

20. Deputy registrar

  1. The board may appoint a full registrant of the college to act as deputy registrar.
  2. A deputy registrar must:
    1. be directly responsible to the registrar,
    2. perform the duties of the registrar in his or her absence,
    3. perform such duties as laid down by the registrar, and
    4. have the same authority as the registrar under these bylaws where the deputy registrar is performing the duties of the registrar pursuant to sections 20(2)(b).

 21. Inspectors

While acting in the performance of his or her duties, inspectors must perform such duties as may be assigned to him or her by the Inquiry Committee or Board.

22. Fiscal year

The fiscal year of the college must commence on the first day of December and must end on the last day of November of the following year. 

23. Payments

All payments on behalf of the college must be made by cheque and the cheques must be signed as determined by the policy established by the board.

24. Financial authority

The board may:

    1. enter into agreements with any person on behalf of a person or class of persons registered under these bylaws and, subject to the bylaws, registrants are bound by such an agreement entered into by the board on their behalf,
    2. raise or secure the payment or repayment of money on behalf of and in the name of the college, in the manner it decides, in order to carry out the purposes of the college, and
    3. invest funds of the college in lawful securities for the establishment of trust funds in the name of the college and may change those investments.

25. Borrowing powers

The full registrants may, by special motion at an annual or special general meeting, restrict the borrowing powers of the board, but a restriction imposed expires at the next annual general meeting.

 26. Investment income

All income derived from invested funds must be added to and become part of the ordinary income of the college.

27. Auditor

The board must appoint a chartered accountant or a certified general accountant who must be an auditor and must audit the financial statement submitted to him or her by the registrar immediately after the end of each fiscal year.

28. Legal Counsel

The board or, with the permission of the board, a committee or the registrar, may retain legal counsel for the purpose of assisting the board, or the committees in carrying out any duty or responsibility under the Act, the regulations or these bylaws.

29. General meetings

  1. An annual general meeting of the full registrants of the college must be held in the Province at a time and place chosen by the board. The registrar must prepare and mail to each registrant not less than thirty (30) days prior to the AGM:
    1. notice of meeting,
    2. proxy form,
    3. proposed agenda,
    4. nominations,
    5. copy of any resolutions to be considered at the meeting,
    6. previous year’s AGM minutes,
    7. audited financial statements, and
    8. board and committee reports.
  2. Except as these bylaws otherwise provide, Robert’s Rules of Order, Revised, must govern the procedures at the annual general meeting or a special general meeting.
  3. Any ten (10) full registrants in good standing may deliver written notice to the registrar, at least sixty days (60 days) prior to the date of an annual or special general meeting of registrants, requesting the introduction of a special motion at the meeting.
  4. On receipt of such a notice, the registrar will send to all registrants, at least thirty days (30 days) prior to the date of that meeting, notice of the special motion and a copy of it.
  5. If a special motion is passed by a majority of the full registrants present and voting at the meeting, and if the total number of full registrants present and voting on the special motion represents at least twenty (20) percent of all full registrants who are then in good standing, then that special motion will bind the future actions of the board to the extent that it does not conflict with the Act, the regulations, or these bylaws.
  6. The accidental omission to deliver notice of a meeting to, or non receipt of a notice by, any registrant or board registrant entitled to receive notice does not invalidate proceedings at that meeting.
  7. Special General Meetings

The board may call a special general meeting of the registrants of the college at any time, and will call such a meeting on its own initiative or within thirty (30) days after receipt by the registrar of a request for such a meeting signed by at least ten (10) percent of all full registrants who are then duly registered and in good standing.

 Part III: Registration

30. Classes of registrants          

A registrant must be registered in one of the following classes:

    1. full registration
    2. interim registration
    3. limited registration
    4. inactive registration
    5. student registration
    6. honorary registration
    7. courtesy registration
    8. Registered Remedial Gymnast

31. Full registration

  1. A person may be fully registered as a physical therapist and is entitled to use the title physical therapist, physiotherapist or registered physiotherapist or registered physical therapist if the person:
    1. is a graduate of such academic program as approved by the board and is eligible for registration as a physical therapist in the jurisdiction in which the applicant was educated and
    2. successfully completes the examinations required by the board, or
    3. was fully registered and practising as physiotherapist in British Columbia prior to the repeal of the Physiotherapists Act, December 15, 1994, or
    4. was fully registered and practising in another Canadian province as a physical therapist prior to December 31, 1993, or
    5. was practising as a physical therapist in the Yukon or NWT as of December 31, 1993 and who was eligible for registration as a physical therapist in any province (names as listed on December 31, 1993) and
    6. satisfies the registration committee of his or her good character consistent with the responsibilities of a registrant and the standards expected of a registrant and
    7. satisfies the registration committee that the registrant’s ability to practice is not impaired by a physical or mental impairment or addiction to any substance and
    8. delivers to the registrar:
      1. a signed application for registration, together with the application fee,
      2. a notarized copy, or other evidence satisfactory to the registration committee, of his or her degree [or diploma],
      3. a solemn declaration as required by the committee,
      4. proof of successful completion of the required examination,
      5. completed Authorization for Release of Information form, to be sent to the regulatory board in the jurisdiction in which the applicant has last worked, for confirmation of membership in good standing,
      6. such other additional information as in the opinion of the committee is required to make a determination regarding the candidate’s eligibility for membership,
      7. proof that he or she meets the continuing competency requirements as imposed under section 16(2)(e) of the Act,
      8. the required fee and
      9. the completed criminal record check authorization form.
  2. Not withstanding subsection (1), where, after giving the applicant an opportunity to be heard the registration committee determines that:
    1. the applicant’s entitlement to practice physical therapy has been cancelled or suspended or limited in this or any other jurisdiction at any time,
    2. at the time of the application an investigation, review or proceeding is taking place in this or any other jurisdiction which could result in the suspension, cancellation, or limitation of the applicant’s authorization to practice,
    3. the applicant has contravened the Act, the regulations or these bylaws, or
    4. the applicant has been convicted in Canada or elsewhere of any offence which would be an act of professional misconduct as set out in section 53 (of the bylaws), the registration committee may grant registration subject to certain terms or conditions or refuse to grant registration.

32. Interim registration

  1. A person may be registered as a interim registrant for a maximum of 15 months and is entitled to use the title interim physical therapist, interim physiotherapist or registered interim physiotherapist or registered interim physical therapist if the person
    1. has satisfied the registration committee that he/she is eligible to complete the examination approved by the board pursuant to 43(1) and is registered for the next available examination, or
    2. is ineligible to complete the examination and he or she is enrolled in a program to complete the educational requirements specified by the registration committee and
    3. satisfies the registration committee of his or her good character consistent with the responsibilities of a registrant and the standards expected of a registrant and
    4. satisfies the registration committee that his or her practice as an interim physical therapist is without any risk to public health and safety and
    5. delivers to the registrar:
      1. proof of membership in good standing in the jurisdiction in which they have last worked or in the case of a new graduate proof of eligibility for registration as a physical therapist in the jurisdiction in which the applicant was educated,
      2. a signed application for registration, together with the application fee,
      3. a notarized copy, or other evidence satisfactory to the registration committee, of his or her experience and education and evidence satisfactory to the registration committee that he is the person named therein,
      4. a solemn declaration as required by the board,
      5. the fee for the registration prescribed by the board,
      6. a completed criminal record check authorization form and
      7. such other additional information as in the opinion of the committee is required to make a determination regarding the candidate’s eligibility for membership.
  2. The registration committee may grant interim registration to a person who qualifies under section 32(1)(a) for a period not exceeding 15 months or until seven days following the date which the registration committee is notified of the registrant’s failure of the examination, whichever is sooner.
  3. The registration committee may grant interim registration to a person who qualifies under 32(1)(b) for a period not exceeding 15 months.
  4. An interim registrant may only perform the services of a physical therapist if they are performed under the general supervision of a physical therapist approved by the registration committee and upon such terms and conditions as the registration committee deems fit.
  5. An interim registrant may not own or operate a physical therapy practice.
  6. An interim registrant may not supervise other full, interim or limited registrants of the college.
  7. An interim registrant must not serve on the board or a committee or vote.

33. Limited Registration

  1. A person may be registered as a limited registrant and is entitled to use the title limited physical therapist, limited physiotherapist or registered limited physiotherapist or registered limited physical therapist if the person:
    1. was registered in the register under section 31 and a limitation was imposed on the registrant’s practice through an action of the inquiry committee or an order of the discipline committee or
    2. was registered under section 31 and due to physical disability can only practice safely in a specific area and/or under supervision and/or in a limited capacity or
    3. is eligible to complete the examination and applies to the registration committee for an exemption from the examination and satisfies the registration committee that he or she has the expertise to practice in a specific area of physical therapy and is restricted to that area and
    4. satisfies the registration committee of his or her good character consistent with the responsibilities of a registrant and the standards expected of a registrant and
    5. satisfies the registration committee that his or her practice as a limited physical therapist is without any risk to public health and safety and
    6. delivers to the registrar:
      1. proof of membership in good standing in the jurisdiction in which they have last worked or in the case of a new graduate proof of eligibility for registration as a physical therapist in the jurisdiction in which the applicant was trained,
      2. a signed application for registration, together with the application fee,
      3. a notarized copy, or other evidence satisfactory to the registration committee, of his or her experience and education and evidence satisfactory to the registration committee that he is the person named therein,
      4. a solemn declaration as required by the board,
      5. the fee for the registration prescribed by the board,
      6. a completed criminal record check authorization form and
      7. such other additional information as in the opinion of the committee is required to make a determination regarding the candidate’s eligibility for membership.
  2. A limited registrant may only perform the services of a physical therapist upon such terms and conditions as specified by the inquiry, discipline or registration committee.
  3. A limited registrant may not own or operate a physical therapy practice without approval of the registration committee.

34. Student registration

  1. A person may be registered as a student and is entitled to use the title student physical therapist or student physiotherapist if the person:
    1. is enrolled, or was enrolled during the six (6) months previous to making an application under paragraph (b), as a student in educational programs approved by the board
    2. applies to the registrar for student registration, an
    3. satisfies the board concerning
      1. the accuracy of the person’s statement of date of birth, name and educational standing, an
      2. the good character of the person consistent with the responsibilities of a registrant and the standards expected of a registrant.
  2. A person to whom subsection (1) applies must be registered under this section before commencing a period of practical training.
  3. A registration under this section ends after the date the registrant graduates or is last enrolled as a student in educational programs approved by the board.
  4. A student registrant must not serve on the board or a committee or vote.

35. Inactive registration

  1. A person may be registered as an inactive registrant and is entitled to use the title physical therapist, physiotherapist or registered physiotherapist or registered physical therapist if the person
    1. applies to the registrar and pays the application fee for inactive registration, and
    2. meets the requirements for full registration under section 31.
  2. An inactive registrant must not practice physical therapy.
  3. An inactive registrant must not serve on the board or a committee or vote.

36. Honorary registration

  1. The terms and conditions for honorary registration must be determined by the registration committee and approved by the board.
  2. An honorary registrant must not practice physical therapy.
  3. An honorary registrant must not serve on the board or a committee or vote.

37. Courtesy Registration

  1. The terms and conditions for courtesy registration must be determined by the registration committee and approved by the board and may include registration for the purposes of taking or teaching a course, travelling with an athlete or artist or participating in an exchange program approved by the College.
  2. The applicant must apply to the registrar and pay the application fee for courtesy registration.
  3. A courtesy registrant must not serve on the board or a committee or vote.

38. Registered Remedial Gymnast

  1. A person is entitled to be registered under this section who :
    1. is 19 years of age or older,
    2. applies in writing to the College,
    3. is of good moral character,
    4. is a graduate in remedial gymnastics and recreation therapy and was a registrant in good standing of the Association of Remedial Gymnasts of British Columbia on August 25, 1989, and
    5. has paid the fee.
  2. The College may attach conditions to the registration under subsection (1) limiting the scope of practice of Registered Remedial Gymnasts to the practice of physical therapy excluding electrotherapy.
  3. A person who is not registered under subsection (1) must not describe himself as a Registered Remedial Gymnast.
  4. A person registered under subsection (1) must not describe himself as a Registered Physical Therapist, Registered Physiotherapist, Physical Therapist or Physiotherapist.
  5. A registered remedial gymnast must not serve on the board or a committee or vote.

39. Transfer to Full Registration Status

A person may apply to the registration committee to transfer to full registration in the following circumstances.

  1. A person registered under section 32(1)(a) by submitting proof of successful completion of the examination.
  2. A person registered under section 32(1)(b) by submitting proof of completion of the required educational program and successful completion of the examination.
  3. A person registered under section 33(1) (a) by submitting proof that he or she has fulfilled all the terms and conditions imposed by the Inquiry or Discipline Committee.
  4. A person registered under section 33(1)(c) by submitting proof of successful completion of the examination.

40. Register of Specialists

A registrant may be registered on a register of specialists and is entitled to use the title specialist if that person meets the criteria established by the board for this purpose.

41. Certificate of registration

  1. Upon an applicant for registration becoming a registrant, the registrar will issue to that person a certificate of registration which may contain limitations permitted by the Act, the regulations or these bylaws.
  2. A certificate of registration, or any renewal of a certificate of registration, is valid until the following December 31, unless registration has been suspended or cancelled as a result of a disciplinary action.

42. Renewal of registration

The registrar must renew a registration if the registrant:

  1. applies to the registrar and pays the fee for renewal of registration, within thirty (30) days of the date the assessed fees are due,
  2. pays any other outstanding fee, debt or levy owed to the college,
  3. attests that the registrant is in compliance with the Act, the regulations, and these bylaws, and is in compliance with any limits or conditions imposed under section 39(1)(c) of the Act, and
  4. meets the continuing competency requirements as imposed under section 16(2)(e) of the Act.

43. Examinations

  1. All examinations required to be taken under these bylaws must be approved by the registration committee and the board.
  2. Every registrant who has not practised physical therapy/ physiotherapy for a period of five (5) years immediately preceding his or her payment of an annual registration fee must, before receiving his or her registration, successfully complete the examination required by the board. Upon successful completion of the required examination the registrant will be eligible for registration under such terms and conditions determined by the registration committee.
  3. The registration committee must:
    1. determine the examination for the purposes of determining the qualifications of applicants for registration and
    2. review the results of the examination or re-examination for each applicant and make a determination as to that applicant’s qualification for registration.
  4. If, in an examiner’s opinion, an applicant conducts himself improperly during the course of an examination, he or she will be disqualified from further participation in that or any other examination, except with the consent of the registration committee.
  5. If an applicant is disqualified under this subsection, he or she must be given the reasons in writing.

44. Fees

  1. Applicants for registration must pay to the college an initial registration fee in the following amounts:
    for full registration: $100.00
    for interim registration: $200.00
    for limited registration: $125.00
    for inactive registration: $75.00
    for student registration: no fee
    for honorary registration: no fee
    for courtesy registration: $50.00
    for Remedial Gymnasts: $40.00
  2. Each registrant must pay to the college an annual registration fee on or before January 1, in the following amounts:
    for full registration: $425.00
    for interim registration: $425.00
    for limited registration: $425.00
    for student registration: no fee
    for inactive registration: $100.00
    for courtesy registration: no fee
    for honorary registration: no fee
  3. No later than thirty (30) days before an annual fee is due, the registrar must notify registrants of the amount of the fee, and the day on which the fee is due.
  4. On payment of the annual registration fee, and any arrears, the registrar must issue to the registrant making payment a receipt and a membership card, that the registrant is subject to his or her compliance with the Act, the regulations, and the bylaws, entitled to practise physiotherapy / physical therapy in the Province as a registrant of the college.
  5. Where a registrant fails to pay an annual registration fee on or before January 31, he must cease to be registered unless the board otherwise directs.
  6. The board will require the registrant to pay the annual registration fee on such terms and conditions as the board deems appropriate including the payment of a late payment fee for fees received between January 2 and January 31st in an amount equal to twenty (20) percent of that person’s annual registration fee.
  7. The board must reinstate the registration of a former registrant who ceased to be registered by reason only of a failure to renew his or her registration where the former registrant:
    1. applies for renewal of registration in the form required by the board not later than 1 year following the expiration of his or her registration,
    2. is not in contravention of the Act, the regulations, or these bylaws, and
    3. pays the annual registration fee and reinstatement fee in an amount equal to 35 percent of that person’s annual registration fee.
  8. Subject to section 75 of the Freedom of Information and Protection of Privacy (FOIPOP) Act, an applicant who requests access to a college record under section 5 of the FOIPOP Act must pay the fees set out in Appendix 2 for the services required to comply with the information request.

45. Continuing competency

Registrants are not entitled to renew their registration unless they have filed with the board, together with their application, proof of having met the continuing competency requirements established by the quality assurance committee and approved by the board.

46. Liability insurance

  1. All registrants of the College and their employees must be insured at all times against liability for negligence in an amount of at least $3 million per occurrence.
  2. This requirement for liability insurance shall not apply where a registrant is on the inactive or honorary register.
  3. Registrants will be required to provide proof of coverage with their initial application and with renewal applications.
  4. Where a full registrant of the College fails to provide proof of liability insurance before January 31, he or she must cease to be registered unless the board otherwise directs.

47. Duty to report a registrant of another health profession college

A registrant must file a report with the registrar of another health profession when the registrant has reasonable grounds, obtained during the practice of the profession, to believe that a registrant of a different college:

    1. has sexually abused a patient or
    2. suffering from a physical or mental ailment, emotional disturbance or addiction to drugs or alcohol that may impair his or her ability to practice and constitutes a danger to the public.

Part IV: Investigation and Discipline

48. Reporting of registrants

  1. A registrant must file a report in accordance with subsection (4) if the registrant has reasonable grounds, obtained in the course of practising the profession, to believe that another registrant of the same college:
    1. has sexually abused a patient,
    2. is incompetent and constitutes a danger to the public, or
    3. is suffering from a physical or mental ailment, emotional disturbance or addiction to drugs or alcohol that may impair his or her ability to practise and constitutes a danger to the public, or
    4. directed/authorized a person who is not a registrant of the college to perform a duty, service or operation reserved to registrants under the act, or
    5. contravened the code of ethics or standards of practice.
  2. A registrant is not required to file a report if the registrant does not know the name of the registrant who would be the subject of the report.
  3. If the registrant is required to file a report because of reasonable grounds obtained from one of the registrant’s patients, the registrant must use his or her best efforts to advise the patient of the requirement to file before doing so.
  4. A report required under subsection (1) must be filed forthwith in writing with the registrar or with the registrar of the college of physical therapy.
  5. The report must contain:
    1. the name of the registrant filing the report,
    2. the name of the registrant who is the subject of the report,
    3. an explanation of the alleged sexual abuse, incompetence, or incapacity and an explanation of the grounds of the registrant filing the report, and
    4. if the grounds of the report are related to a particular patient of the registrant who is the subject of the report, the name of that patient.

49. Mediation

  1. In accordance with section 33(6)(b) of the Act, the inquiry committee may recommend that a complaint be mediated by a mediator chosen by the inquiry committee or the parties.
  2. Mediation must:
    1. not be used without the consent of the complainant and the registrant,
    2. be conducted pursuant to the terms of a written agreement established by the inquiry committee, approved by the board, and executed by the complainant and the registrant, and
    3. be confidential.
  3. Subject to subsection (5), where an agreement is reached through mediation, the complaint is deemed to have been resolved.
  4. Where the registrant has agreed through mediation to a suspension, cancellation, restriction or limitations of practice, the name of the registrant, and the nature of the restrictions must be published in such publication as the board may decide.
  5. Where an agreement is not reached through mediation, the registrar must refer the matter back to the inquiry committee for further action under section 33(6) of the Act.
  6. If a registrant contravenes an agreement reached pursuant to mediation, the registrar must refer the matter back to the inquiry committee for further action under section 33(6) of the Act.

50. Inquiry

  1. The inquiry committee must notify a complainant and respondent of its decision as soon as practicable.
  2. The report of the inquiry committee to the board regarding its findings in an investigation must be recorded in the minutes of the meeting in which it is presented.
  3. Before agreeing to accept an undertaking or consent under section 36 of the Act, the inquiry committee may review all previous inquiry and disciplinary findings of contravention of the Act or bylaws involving the registrant to be satisfied that the proposed undertaking or consent is appropriate in the circumstances.

51. Discipline

  1. The registrar must keep records of the results of all investigations of the inquiry committee and all decisions of the discipline committee.
  2. The discipline hearing proceedings must be transcribed.
  3. A transcript may be made available to any party at his or her own expense.
  4. The discipline committee may hold a hearing in relation to a citation containing one or more charges against a registrant.
  5. The discipline committee may hold a hearing in relation to a citation containing one or more charges directed against one or more registrants at the same time.
  6. The discipline committee, the chair of the discipline committee or the registrar, may adjourn a discipline committee hearing from time to time.
  7. The discipline committee may, at any stage of the hearing, direct that a charge be amended on such terms as it deems just.
  8. The discipline committee may order any person, whether a party to the proceedings or otherwise, to be called as a witness at the hearing, whether or not the party consents thereto.
  9. The chair of the discipline committee may cause a subpoena in the form appended to these bylaws to be served upon a witness to a discipline hearing. For the purpose of this bylaw, “chair” includes the chair of the panel.
  10. Once a decision has been reached by the discipline committee, the committee may consider previous decisions of the discipline committee against the respondent and hear evidence or arguments by the respondent and the college in respect to penalty.
  11. Where disciplinary proceeding has resulted in the limitation or suspension of a registrant’s practice, the board must publish a notice, in its newsletter, containing
    1. the name of the respondents,
    2. a summary of the reasons for the decision, and
    3. the nature of the limitations or suspension and the date it is in effect.
  12. Where disciplinary proceedings result in the limitation or suspension of a registrant’s practice, the board may direct the registrar to notify the boards or associations responsible for the regulation of the profession in other jurisdictions.
  13. A registrant while under suspension must not represent himself as a registrant or display a certificate of registration or offer to perform the practice of physical therapy as defined in the regulations.

52. Reinstatement

  1. A person whose registration has been cancelled pursuant to section 39(1)(e) of the Health Professions Act may apply to the registration committee for reinstatement of registration.
  2. When considering an application for reinstatement pursuant to section 52(1) the registration committee must consider whether
    1. the applicant poses a risk to patients or the public, and
    2. the goals of deterrence and rehabilitation have been met.

53. Professional misconduct

  1. Professional misconduct for the purposes of 33(4)(c) of the Health Professions Act includes but is not limited to:
    1. being found guilty of an offence that is relevant to the registrant’s suitability to practice,
    2. being found by any other regulatory body to have committed an act that would, in the opinion of the disciplinary committee, be an act of professional misconduct as defined in subsections (c) through (o),
    3. committing an act of sexual misconduct,
    4. committing an act of negligence,
    5. contravening a term, condition, or limitation imposed on the registrant’s certificate of registration,
    6. contravening a standard of practice, clinical practice statement of the profession, or the code of ethics,
    7. practising the profession while the registrant’s ability to do so is impaired by a physical or mental impairment or addiction to any substance,
    8. prescribing, dispensing, or selling drugs for an improper purpose, or
    9. discontinuing professional services that are needed unless:
      1. the patient requests the discontinuation,
      2. alternative services are arranged, or
      3. the patient is given a reasonable opportunity to arrange alternative services, and
      4. there has been a failure to establish a therapeutic relationship.
    10. giving information about a patient to a person other than the patient or his or her representative except with the consent of the patient or his or her representative or as required or allowed by law,
    11. falsifying a record relating to the registrant’s practice,
    12. failing to provide a patient access to his or her health care records where required by section 59,
    13. signing or issuing, in the registrant’s professional capacity, a document that the registrant knows contains a false or misleading statement,
    14. submitting an account or charge for services that the registrant knows is false or misleading,
    15. contravening the Health Professions Act, the regulations, or any of these bylaws, or
    16. breaching an undertaking provided to the College pursuant to section 36 of the Act.
  2. If the disciplinary committee finds that a registrant has committed an act of professional misconduct, it may:
    1. make an order under section 39 of the Act.
    2. where disciplinary proceedings result in an order to pay costs of an investigation, hearing or appeal, the costs may include:
      1. transportation, accommodation, and other living expenses and any witness fees, per diem payment paid to a person or committee registrant attending at or participating in an investigation, hearing or appeal,
      2. costs of any transcripts of proceedings,
      3. costs of renting rooms, renting recording equipment or hiring a reporter to take transcripts of the proceedings,
      4. fees and disbursements payable to the lawyer or investigator acting on behalf of the College,
      5. the costs of service of notice or documents,
      6. other costs or expenses incurred by the college that are attributable, directly or indirectly, to an investigation, hearing, or appeal.
    3. when disciplinary proceedings result in an order to pay a fine, the maximum fine levied will be $25,000.00.

54. Disclosure

  1. Where an inquiry about the registration status of a person is received by the board or the registrar, the registrar must disclose
    1. whether or not the person is a registrant, or was a former registrant,
    2. whether or not the person has previously been a registrant and whether or not the person’s registration was revoked as a result of discipline proceedings,
    3. whether or not the person is a registrant whose registration is suspended,
    4. whether or not there are conditions or limits attached to the practice of the registrant.
  2. The registrar may disclose whether or not any other penalty pursuant to section 39(1) of the Act has ever been imposed.
  3. Except with the consent of the person affected, the registrar must not release the names of complainants, patients, or their families or information which might otherwise enable a person inquiring about the status of a registrant to establish the identity of complainants, patients, and their families.

Part V: Standards of Practice

55. Code Of Ethics

Physical therapists are committed to act with integrity, to respect the rights and dignity of all individuals, to recognize their responsibility to society, and to strive for excellence in their professional activities.

Responsibilities to the Client

    1. Physical therapists shall consider the well-being of the client as their primary concern by respecting the client’s legal rights, dignity, needs, wishes and values.
    2. Physical therapists may not refuse care to any client on the grounds of race, religion, ethnic or national origin, age, sex, sexual orientation, social or health status.
    3. Physical therapists must respect the client’s rights to be informed about the effects of treatment and inherent risks.
    4. Physical therapists must give clients the opportunity to consent or decline treatment or alterations to the treatment regime.
    5. Physical therapists must respect all client information as confidential. Such information shall not be communicated to any person without the consent of the client or surrogate except where required by law.
    6. Physical therapists are responsible for recognizing their limitations, continuing to develop their own level of competence, and confirming clinical diagnosis and management in those areas of practice in which they have been educated.
    7. Physical therapists shall assume full responsibility for all the care they provide or delegate to personnel under their supervision.
    8. Physical therapists must maintain records in accordance with professional standards. These records should include a relevant history, assessment and treatment plan.
    9. Physical therapists must not treat clients when the diagnosis or clinical condition indicates that the commencement or continuation of physiotherapy is contra-indicated or unnecessary.
    10. Physical therapists shall request consultation with or refer clients to colleagues or other professionals when, in the opinion of the physical therapist, such action is in the best interest of the client.

Responsibilities to Society

    1. Physical therapists must comply with all the laws and regulations pertaining to all aspects of the practice of physiotherapy.
    2. Physical therapists must comply with the business practice standards outlined in the bylaws and not compromise professional judgment and integrity with motives of profit and personal advancement.
    3. Physical therapists must not practice physiotherapy while their ability is impaired by alcohol or drugs.
    4. Physical therapists must report any unethical conduct or unsafe or inappropriate practice of another physical therapist in writing to the College.
    5. Physical therapists shall recognize their responsibility to improve standards of health care through education of colleagues, students and the public.

Responsibilities to the Profession

    1. Physical therapists must be aware of the provisions outlined in the Health Professions Act , Bylaws and Standards of Practice.
    2. Physical therapists must conduct themselves in a manner as to merit the respect of society for the profession and its registrants.
    3. Physical therapists shall advance the science of physiotherapy by sharing relevant information and by supporting or engaging in research activity.
    4. Physical therapists shall have a clear rationale for concurrently treating clients with other health professionals.
    5. Physical therapists shall attempt to inform the referring practitioner when referring a client to other health care professionals.

56. Minimal Treatment Standards

  1. Prior to initiating treatment a registrant must:
    1. attempt to obtain relevant medical information concerning the client by;
      1. taking a history, including all required elements, and contacting the client’s physician, with the patient’s permission, to obtain further detail, where concurrent disease processes exist and present contraindications or precautions to physiotherapy treatment
      2. completing a physical examination relevant to the presenting symptoms, including measurable and observable physical findings.
      3. establishing a physical therapy diagnosis.
      4. formulating a treatment plan. Use, where available, evidence-based practice information to guide the development of the plan, taking into consideration client preferences, resource constraints and individual client factors (e.g. age, previous health history) that may alter expected outcomes.
      5. discussing the results of the assessment and proposed treatment plan with the client or, where the client is a minor or mentally impaired, the client’s guardian or agent.
      6. obtaining the client’s consent for treatment.
      7. recording the assessment and treatment plan as outlined in the clinical practice statement #1.
      8. collaborating with other registrants of the client’s health care team to coordinate plans, support comprehensive service delivery, and avoid service duplication.
  2. Once treatment is initiated the registrant must:
    1. record the client’s progress according to clinical practice statement #1;
    2. inform the client and/or family about the:
      1. nature and purpose of ongoing and outcome evaluations;
      2. results of ongoing assessments;
      3. reasons why service is being discontinued, e.g. treatment is not effective, problem is alleviated, or client requests discontinuation.
    3. complete a reassessment of the client, including objective findings and re-evaluate the treatment regime.
  3. When acting on a consulting or advisory basis the physical therapist may deal with client specific issues that relate to a previously assessed client. The physiotherapist should attempt to obtain relevant information concerning the client to determine if a reassessment is required. If reassessment is required, the physical therapist should reassess the client according to the previously stated process and re-institute treatment, as necessary. If reassessment is not required, general recommendations on client management may be made.
  4. When acting on a consulting or advisory basis the physical therapist may deal with client specific issues that relate to a client unknown to the physical therapist. The physical therapist should ascertain if physical therapy may be warranted, and if so, appropriate arrangements for assessment and treatment should be made. In the interim, the physical therapist may make general recommendations on management.
  5. When acting on a consulting or advisory basis the physical therapist may provide educational information relating to general issues. For example: back care and body mechanics, posture, physical activity, transfers and lifting, ergonomics and injury prevention.

57. Business Practice Standards

  1. A registrant must not:
    1. charge fees for services which have not been provided,
    2. treat a client solely for financial gain rather than for the benefit of the client,
    3. charge fees for professional services, to a third party payer, for immediate family members unless no other professional with the specific skills is available in the community,
    4. pay fees to any person who refers a client or receive fees from any person to whom a client is referred, or
    5. supply, sell, rent or recommend for purchase any product, article or appliance:
      1. solely for financial gain rather than for the benefit of the client,
      2. without considering the client’s preference of supplier,
      3. where such products, articles or appliances are not directly related to the practice of physical therapy or
      4. for profit , where such products, articles or appliances are recommended for client treatment.
  2. Where a referral to another practitioner, facility, or program is made, it must be for the benefit of the client, rather than for financial gain and must consider the client’s preference. If the physical therapist has an interest in or shares of the practice, facility or program, that interest or ownership must be disclosed to the client.
  3. A registrant must not enter into an agreement whereby he or she pays rental or other overhead costs based on a percentage of client billings received to an individual who is not a registrant of the College.
  4. Where the client is assessed a fee for physical therapy services, the client must be notified of the charges in advance.
  5. The physical therapist shall verify all accounts rendered on a fee-for-service basis for his or her services.

58. Advertising Standards

  1. Any advertising or marketing activity undertaken or authorized by a registrant in respect of his or her professional services must not be:
    1. false,
    2. inaccurate,
    3. reasonably capable of misleading the recipient or intended recipient,
    4. unverifiable, or
    5. unprofessional
  2. The disciplinary committee may find that a marketing activity violates subsection (1), if it:
    1. is calculated or likely to take advantage of a weakened state, either physical or emotional, of the recipient or intended recipient,
    2. is likely to create in the mind of the recipient or intended recipient an unjustifiable expectation about the results which the registrant can achieve,
    3. implies that the registrant can obtain results:
      1. not achievable by other registrants,
      2. by improperly influencing a public body or official, or any corporation, agency or person having an interest in the welfare of the recipient,
      3. by any other improper means, or
    4. compares the quality of services provided with those provided by another physical therapist.
  3. A registrant must not:
    1. state publicly that he or she speaks on behalf of the college unless he or she has been expressly authorized by the board to state the official position of the College, or
    2. endorse or lend himself or herself as a physical therapist to the advertisement of any property, investment or service for sale to the public, unless such property, investment or service relates directly to the practice of physical therapy, or
    3. use a name that is identical to the name of another established physical therapy clinic in the community, or so closely resembles the name of another established physical therapy clinic in the community that it is likely to confuse or mislead the public.
  4. A registrant who, in any advertisement, includes a statement of fees for a specific service must:
    1. ensure that the statement includes sufficient information to describe the fees and services so the recipient or intended recipient is able to understand the nature, extent and cost of the services to be provided, and
    2. does not compare the fees charged by himself or herself with those charged by another physical therapist.
  5. Unless otherwise authorized by the Act, the regulations or these bylaws or the board, a registrant:
    1. must not use the title “specialist” or any similar designation suggesting a recognized special status or accreditation on any letterhead, business card or other marketing activity, and
    2. must take all reasonable steps to discourage use, in relation to the registrant by another person, of the title specialist or any similar designation suggesting a recognized special status or accreditation in any marketing activity.
  6. A registrant must retain for one year after the date of publication or broadcast of any advertisement or brochure, and must provide to the inquiry or discipline committee or board upon request:
    1. a copy of such publication
    2. a recording of any such broadcast by use of any electronic media, and
    3. a written record of when and where publication or broadcast was made.
  7. It is the duty of a registrant, when called upon by the inquiry or discipline committee or the board to do so, to verify the statements made in his or her marketing activity.
  8. Registrants who limit their practices to certain areas of the physical therapy may state in any marketing activity the area to which their practice is restricted.

Part VI: Miscellaneous

59. Access to health care records

  1. Registrants will provide an individual with access to the health care records pertaining to that individual in the custody or under the control of the registrant, except in appropriate circumstances.
  2. For the purposes of this section,
    1. “appropriate circumstances” means circumstances in which release of the health care records could reasonably be expected to:
      1. result in immediate and grave harm to the safety, or mental or physical health of the applicant,
      2. threaten any individual’s safety, or mental or physical health,
      3. interfere with public safety, or
      4. disclose personal information regarding another individual.
    2. “access to” means the opportunity to examine and make copies of, and
    3. “health care records” includes clinical records, medical files, information relating to the medical, psychiatric, or psychological history of an individual, documents, drawings, photographs, letters, papers, and any other thing on which information is recorded or stored by graphic, electronic, mechanical or other means, but does not include a computer program or any other mechanism that produces records.
  3. A registrant must respond to an applicant’s request for access to his or her health care records within thirty (30) days of the request by:
    1. providing access to the applicant, or
    2. providing written reasons for the refusal of access.
  4. Where a registrant provides access and the applicant requests a copy of the record, a copy must be provided. A charge may be applied to cover costs for photocopying and where appropriate, staff time in retrieving the documents.
  5. During any review of a decision to refuse access to a health care record, the registrant must prove that the applicant has no right of access.
  6. Registrants must provide access to the health care records of an infant under 19 years of age to the persons having guardianship or custody of that infant, except where:
    1. the infant has requested that the persons entitled to the guardianship or custody of the infant not be granted such access, and
    2. the registrant is satisfied the infant has understood the nature and consequences and reasonably foreseeable benefits and risks of the health care that is the subject matter of the record.

60. Registrant Records

  1. Where a registrant collects personal information directly from a patient, or the patient’s representative, the registrant must take such steps as are, in the circumstances, reasonable to ensure that the patient or patient’s representative is aware of
    1. the fact that the personal information is being collected,
    2. the purpose for which the personal information is being collected,
    3. the intended recipients of the personal information,
    4. whether or not the supply of the personal information is voluntary or mandatory and, if mandatory, the legal authority for collecting the information,
    5. the consequences, if any, for the patient if all or any part of the information is not provided and
    6. the rights of access to personal information.
  2. A registrant must at all times protect and maintain the confidentiality of personal information collected.
  3. A registrant must correct an error or omission in a client’s record at the request of the client or his or her representative. If the registrant disagrees that there is an error or omission in the record, the registrant must note the request for correction in the record with particulars of the correction that was sought.
  4. A registrant must ensure that all records pertaining to his or her practice, and containing personal information are safely and securely stored by making reasonable security arrangements against such risks as unauthorised access, collection, use, disclosure or disposal.
  5. A registrant who ceases to practice for any reason must:
    1. dispose of personal information in accordance with this part and notify the college in writing of the steps that he or she has taken to dispose of the personal information,
    2. transfer the personal information to another registrant or make appropriate arrangements to store the personal information safely and securely and provide access to the information by clients and clients’ representatives.
  6. A registrant must ensure that, where records containing personal information are transferred to any person or service organization for processing, storage or disposal, the contract includes an undertaking that the recipient will maintain the confidentiality and physical security of the records.

61. Disposal of College Records Containing Personal Information

The board must ensure that a college record containing personal information is disposed of only by:

    1. effectively destroying a physical record by utilizing a shredder or by complete burning,
    2. erasing information recorded or stored by electronic methods on tapes, disks or cassettes in a manner that ensures that the record cannot be reconstructed,
    3. returning the record to the person the information pertains to, or
    4. returning the record to the registrant who compiled the information.

Part VII: Health Profession Corporations

62. Health Profession Corporation Permits

  1. A company may apply to the board for a permit to carry on the business of providing physical therapy services to the public by delivering to the board:
    1. a completed permit application in a form approved by the board,
    2. a true copy of the certificate of incorporation of the company and any other certificates which reflect a change in name, and
    3. a permit fee in the amount of $200.00, and
    4. proof that shareholders are resident in British Columbia.
  2. A health profession corporation must use the designation “physiotherapist or physical therapist corporation” in its name.
  3. A health profession corporation must not use a name which
    1. is identical to that under which another health profession corporation holds a valid permit issued under this part,
    2. so closely resembles the name of another health profession corporation which holds a valid permit issued under this part that it is likely to confuse or mislead the public, or
    3. contravenes the advertising standards of these bylaws.
  4. The board must issue to a company which has complied with the Act and these bylaws a permit entitling the company to carry on the business of providing physical therapy services to the public.
  5. Subject to subsection (6), a permit issued under subsection (4) is valid from the issue date shown until the expiry date shown.
  6. Notwithstanding section (5), a permit issued to a health profession corporation ceases to be valid if
    1. it is revoked under section 44 of the Act,
    2. the health profession corporation ceases to be registered as a company under the Company Act,
    3. in the case of a health profession corporation with only one voting shareholder, the sole voting shareholder dies or otherwise ceases to be a registrant of the college, or
    4. in the case of a health profession corporation with more than one voting shareholder,
      1. a registrant who is a voting shareholder dies, or otherwise ceases to be a registrant of the college, and
      2. no provision is made in the articles of the corporation for the disposition of the registrant’s share, and
      3. the remaining voting shareholders of the health profession corporation are all registrants of the college.
  7. A health profession corporation which intends to change its name must apply to the board, in a form approved by the board, for a certificate that the college does not object to the intended name of the health profession corporation.
    1. Subsection (2) applies to an application under subsection (7)(a).
    2. The board must issue a new permit to a health profession corporation which:
      1. has received a certificate that the college does not object to the intended name change, and
      2. has delivered to the board a true copy of the certificate of the Registrar of Companies showing the change of name and the date it is effective.
    3. A permit issued under subsection (7)(c) is, subject to subsection (6), valid until the date on which the permit it replaces would have expired.
  8. A health profession corporation which carries on the business of providing physical therapy services to the public must disclose on all letterhead and business card, and in all other advertisements, that the physical therapy services are being provided by a health profession corporation.
    1. A health profession corporation which intends to continue to provide physical therapy services to the public must, before its permit expires, apply to the board for a renewal of the permit.
    2. A renewal application must include a completed permit renewal application in a form approved by the board and the applicable fee.
    3. The board must, subject to section 43(2) of the Act, issue a renewal permit entitling the health profession corporation to carry on the business of providing physical therapy services to the public if the health profesion corporation has applied to the board for a renewal of its permit in accordance with section 43(1) and has complied with the Act and these bylaws.
    4. Subject to subsection (6), a renewal permit issued under subsection (9) is valid for one year.
  9. If a company which has had its permit revoked under section 44 of the Act wishes to obtain a new permit, it must apply to the board in a form approved by the board in which case subsections (1) and (2) apply.
  10. The president of a company or his or her designate must promptly advise the board in writing of any change to the information which was contained in the permit application or permit renewal application most recently delivered to the college.

63. Hearings Respecting Revocation of Health Corporation Permits

  1. Upon receipt of a complaint, the registrar or an inspector appointed pursuant to section 27 of the Act, may investigate any matter which may be the subject of a hearing pursuant to section 44 of the Act;
    1. The Board may appoint a panel of up to three board registrants to hold a permit revocation hearing and designate a panellist as chair; or
    2. The Board may delegate the conduct of a permit revocation hearing to the Discipline committee;
    1. The Notice of Hearing must contain the following:
      1. the name of the affected corporation;
      2. the nature of the complaint or other matter that is the subject of the hearing;
      3. the date, time and place of the hearing;
      4. a statement that the panel may proceed with the hearing in the absence of the representation from the affected corporation; and
      5. particulars of the evidence in support of the subject matter of the hearing.
    2. The Notice of Hearing may be served by delivering it to the address for the corporation recorded in the register, or by sending it to the address for corporation recorded in the register by registered mail.
    3. The Notice of Hearing must be served not less than thirty days before the date scheduled for the hearing;
    4. The Notice of Hearing may contain more than one charge directed against the affected corporation at the same time;
  2. The college, the affected corporation, any of the corporations’ shareholders and any affected registrants may be represented by counsel at the hearing;
  3. A hearing of the panel shall be in public unless the affected shareholder, registrant, corporation or the College requests that the hearing be held in private and the panel is satisfied that a private hearing is appropriate in the circumstances;
    1. At a hearing of the panel, the testimony of witnesses shall be taken on oath administered by any registrant of the panel;
    2. There shall be a full right to cross-examine witnesses and call evidence in defence and reply;
    3. The panel may proceed in the absence of the affected corporation;
    4. The evidence at the hearing must be transcribed.
  4. The panel may order the attendance of a person, including a registrant or a shareholder, at a hearing to give evidence, and/or to produce records or objects in his or her possession or under his or her control at the hearing, by issuing a subpoena in the form attached to these bylaws;
  5. The panel, the chair of the panel, or the registrar may adjourn a hearing from time to time;
  6. The panel may, at any stage of the hearing direct that a Notice of Hearing be amended on such terms as it deems just;
  7. Once a decision has been reached by the panel, it may consider previous decisions against the affected corporation and hear evidence and arguments by the affected corporation, a shareholder, registrant or the College with respect to penalty;
  8. Where the hearing of a panel has resulted in a reprimand, a fine or a revocation of a permit, the Board must publish a notice in its newsletter containing the name of the affected corporation, a summary of the reasons for its decision and the nature of the penalty imposed;
  9. The panel and the corporation may by mutual consent agree to a resolution of the matters raised in the Notice of Hearing.
  10. Where the Board has delegated a hearing to the Discipline Committee pursuant to subsection 2(c) of this bylaw, the panel may hear the matter together with a related matter concerning a registrant.

Appendix 1: Subpoena

IN THE MATTER OF THE COLLEGE OF PHYSICAL THERAPISTS

OF BRITISH COLUMBIA

and

IN THE MATTER OF A HEARING PURSUANT TO

SECTION 38 OF THE Health Professions Act

INTO THE CONDUCT OF ___________________

SUBPOENA

TO:

TAKE NOTICE that you are required to attend to testify as a witness at the time, date and place set out below, pursuant to provisions of s. 38 of the Health Professions Act , S.B.C., c. 183. You are also required to bring with you all documents in your possession or power relating to the matters in question in this proceeding.

Please note the provisions of the Health Professions Act and the bylaws of the College of Physical Therapists reproduced on the back of this Subpoena.

TIME:

DATE:

PLACE:

Dated:

___________________________
Chair of Discipline Committee

___________________________
Annick de Gooyer
Chair

___________________________
Susan M. Adams
Registrar

 

Appendix 2: Fees related to FOIPOP Requests

  1. For applicants other than commercial applicants:
    1. for locating and retrieving a record: $7.50 per ¼ hour after the first three hours
    2. for producing a record manually: $7.50 per ¼ hour
    3. for producing a record from a machine readable record: $16.50 per minute for use of central mainframe processor and all locally attached devices plus $7.50 per ¼ hour for developing a computer program to produce the record
    4. for preparing a record for disclosure and handling a record: $7.50 per ¼ hour
    5. for shipping copies: actual costs of shipping, method chosen by applicant
    6. for copying records:
      1. photocopies and computer printouts: $.25 per page (letter and legal) $.30 per page (11″X17″)
      2. floppy disks: $10.00 per disk
      3. computer tapes: $40.00 per tape, up to 2400 feet
      4. microfiche: $10.00 per fiche
      5. 16 mm microfilm duplication:$25.00 per roll
      6. 35 mm microfilm duplication: $40.00 per roll
      7. microfilm to paper duplication: $.50 per page
      8. photographs:                     $5.00 to produce a negative                     $12.00 for each16″ X 20″                     $9.00 for each 11″ X 14″                     $4.00 for each 8″ X 10″                     $3.00 for each 5″ X 7″
      9. photographic print of textural, graphic or cartographic record (8″ X 10″ black & white): $8.50 each
      10. hard copy laser print, B/W, 300 dots/inch: $.25 each
      11. hard copy laser print, B/W, 1200 dots/inch: $.40 each
      12. hard copy laser print, color:$1.65
      13. photomechanical reproduction of 105 mm. cartographic record or plan: $3.00 each
      14. slide duplication: $.95
      15. plans: $1.00 per square meter
      16. audio cassette duplication: $10.00 plus $7.00 per ¼ hour of recording
      17. video cassette (1/4″ or 8mm) duplication: $11.00 per 60 min cassette plus $7.00 per ¼ hour of recording; $20.00 per 120 minute cassette plus $7.00 per ¼ hour of recording
      18. video cassette (1/2″) duplication: $15.00 per cassette plus $11.00 per ¼ hour of recording, and
      19. video cassette (3/4″) duplication $40.00 per cassette plus $11.00 per ¼ hour of recording.
  2. For commercial applicants for each service listed in item 1, the actual cost of providing that service