Physiotherapists Area

Patients Area
Stakeholders Area


Date: 29-Nov-2010

Request for Feedback on Proposed Revisions to the College’s Professional Misconduct Regulation

The College is pleased to provide you with an opportunity to comment on proposed changes to its Professional Misconduct Regulation.

There are two different sets of proposed changes.  

Part one

The first and most substantial set of changes are intended to implement a regulatory framework for the new practice authorities that physiotherapists/physical therapists will be able to use when the forthcoming changes to the Physiotherapy Act are proclaimed.  

As many physiotherapists/physical therapists will recall, these statutory changes will expand the scope of practice of physiotherapy to include diagnosis and also grant physiotherapists/physical therapists a number of additional authorized acts over and above the current two acts of tracheal suctioning and spinal manipulation.  The new authorized acts will be:

  • Communicating a diagnosis
  • Wound care
  • Pelvic floor interventions
  • Ordering the application of prescribed forms of energy (diagnostic ultrasound and MRI)
  • Administering substances by inhalation (e.g. oxygen)   

In addition to these new authorized activities under the Physiotherapy Act, statutory changes are also being made to the Healing Arts Radiation Protection (HARP) Act and the Laboratory and Specimen Collection Centre Licensing Act (LSCCLA) to permit physiotherapists/physical therapists to order x-rays and laboratory tests.

In order to provide the government with assurances that the College has a robust regulatory framework in place to assure that physiotherapists/physical therapists will perform all statutorily authorized activities safely and appropriately, the College has developed a series of changes to its professional misconduct regulation.  These proposed changes are intended to establish clear expectations for physiotherapists/physical therapists who wish to perform authorized activities.

It is these changes that form the most substantial component of the changes that registrants are being asked to consider. The provisions relating to the regulation of physiotherapists/physical therapists who will perform authorized activities are an addendum to the current regulation.

In terms of structure, the addendum adds sections 2, 3, and 4 to the existing professional misconduct regulation.  

Section 2 applies to all the authorized activities that physiotherapists/physical therapists are authorized to perform – both entry and post graduate and under the authority of the Physiotherapy Act, the HARP Act and the LSCCLA, and essentially requires that physiotherapists/physical therapists performing these activities do so:

  • in accordance with the standard of practice of the profession
  • in accordance with any applicable statutory, regulatory and professional responsibilities that apply and
  • only when they are acting within the scope of practice of physiotherapy

Section 3 applies to all authorized activities that require post graduate education, that is:
  • Spinal Manipulation
  • Acupuncture
  • Wound care
  • Pelvic floor interventions
  • Ordering the application of prescribed forms of energy (diagnostic ultrasound and MRI)
  • Ordering laboratory tests
  • Ordering x-rays  

This section essentially requires that physiotherapists/physical therapists performing these activities:
  • complete postgraduate training programs in the relevant activity that meets the standard of practice of the profession and
  • provide and update the information required by the by-laws to enable the Registrar to maintain a roster of members who are qualified to perform the procedure.

Section 4 applies to all authorized activities that are diagnostic in nature, that is:
  • Ordering the application of prescribed forms of energy (diagnostic ultrasound and MRI)
  • Ordering laboratory tests
  • Ordering x-rays  

This section essentially requires that physiotherapists/physical therapists performing these activities:
  • consult with the patient, or as needed, other members of the patient’s circle of care to ascertain whether other diagnostic investigation procedures have been performed so as to make the ordering of the procedure unnecessary or inadvisable
  • provide other members of the patient’s circle of care the appropriate information about the tests ordered and their relevant results to facilitate the coordinated care of the patient
  • refer the patient to an appropriate health professional where the results of the procedure ordered indicate that a referral is warranted and
  • follow up where the results of the procedure ordered indicate that such follow up is warranted.
    
Part two

The other proposed changes to the professional misconduct regulation are less significant.  They are intended to clarify and update the current regulation in areas where it has been noted as confusing or where other expectations have changed that impact the regulation’s language.    

These changes are in the body of the current regulation and do three things:

  • in paragraph 2, update the rules that speak to discontinuing professional services to make it more clear as to when the additional obligations apply
  • in paragraph 25, ground the provisions around advertising in the standard of practice of the profession, since the College now has a standard intended to provide registrants with more detailed guidance in this area
  • in paragraph 42 update the referral obligations to make it clear that referrals do not necessarily have to be to regulated health professionals
To view the current Professional Misconduct Regulation, click here.
To view the proposed changes, click here

You can provide your feedback to Rod Hamilton, Associate Registrar, Policy in a variety of ways:
  • By phone: 1-800-583-5885 or 416-591-3828, extension 232
  • By mail: 375 University Avenue, Suite 901, Toronto, Ontario M5G 2J5
  • By fax: 416-591-3834
  • By E-mail: rhamilton@collegept.org
  • Online: http://www.surveymonkey.com/s/6FZQCC5  This is a link to an online survey that can help you provide your feedback very easily.
The opportunity for registrants to provide comments on proposed regulation changes is an important step in the policy development process and provides registrants with an opportunity to input into the rules that govern their profession. Your feedback is important and will be tabulated and used by Council in its final deliberations on this proposal in March 2011.
 
To be considered, your feedback must be received by Monday, February 28, 2011.
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