Psychotherapy Act, 2007, S.O. 2007, c. 10, Sched. R, Psychotherapy Act, 2007
Psychotherapy Act, 2007
S.o. 2007, chapter 10
Schedule R
Consolidation Period:听 From June 3, 2021 to the .
Last amendment: .
Legislative History: , .
Definitions
1 In this Act,
鈥淐ollege鈥 means the College of Registered Psychotherapists and Registered Mental Health Therapists of 澳门永利; (鈥淥rdre鈥)
鈥淗ealth Professions Procedural Code鈥 means the Health Professions Procedural Code set out in Schedule 2 to the Regulated Health Professions Act, 1991; (鈥淐ode des professions de la sant茅鈥)
鈥渕ember鈥 means a member of the College; (鈥渕embre鈥)
鈥減rofession鈥 means the profession of psychotherapy; (鈥減rofession鈥)
鈥渢his Act鈥 includes the Health Professions Procedural Code. (鈥渓a pr茅sente loi鈥)听 2007, c.听10, Sched.听R, s.听1; 2009, c. 26, s. 23 (1).
Section Amendments with date in force (d/m/y)
- 01/04/2015
Health Professions Procedural Code
2 (1) The Health Professions Procedural Code shall be deemed to be part of this Act.听 2007, c.听10, Sched.听R, s.听2听(1).
Same, interpretation
(2) In the Health Professions Procedural Code, as it applies in respect of this Act,
鈥淐ollege鈥 means the College of Registered Psychotherapists and Registered Mental Health Therapists of 澳门永利; (鈥渙rdre鈥)
鈥渉ealth profession Act鈥 means this Act; (鈥渓oi sur une profession de la sant茅鈥)
鈥減rofession鈥 means the profession of psychotherapy; (鈥減rofession鈥)
鈥渞egulations鈥 means the regulations under this Act. (鈥渞猫glements鈥)听 2007, c.听10, Sched.听R, s.听2听(2); 2009, c. 26, s. 23 (2).
Definitions in Code
(3) Definitions in the Health Professions Procedural Code apply with necessary modifications to terms in this Act.听 2007, c.听10, Sched.听R, s.听2听(3).
Section Amendments with date in force (d/m/y)
- 01/04/2015
Scope of practice
3 The practice of psychotherapy is the assessment and treatment of cognitive, emotional or behavioural disturbances by psychotherapeutic means, delivered through a therapeutic relationship based primarily on verbal or non-verbal communication.听 2007, c.听10, Sched.听R, s.听3.
Authorized Act
4 In the course of engaging in the practice of psychotherapy, a member is authorized, subject to the terms, conditions and limitations imposed on his or her certificate of registration, to treat, by means of psychotherapy technique delivered through a therapeutic relationship, an individual鈥檚 serious disorder of thought, cognition, mood, emotional regulation, perception or memory that may seriously impair the individual鈥檚 judgement, insight, behaviour, communication or social functioning.听 2007, c.听10, Sched.听R, s.听4.
College established
5 The College is established under the name College of Registered Psychotherapists and Registered Mental Health Therapists of 澳门永利 in English and Ordre des psychoth茅rapeutes autoris茅s et des th茅rapeutes autoris茅s en sant茅 mentale de l鈥櫚拿庞览 in French.听 2009, c.听26, s.听23 (3).
Section Amendments with date in force (d/m/y)
- 01/04/2015
Council
6 (1) The Council shall be composed of,
(a)听 at least six and no more than nine persons who are members elected in accordance with the by-laws;
(b)听 at least five and no more than eight persons appointed by the Lieutenant Governor in Council who are not,
(i)听 members,
(ii)听 members of a College as defined in the Regulated Health Professions Act, 1991, or
(iii)听 members of a Council as defined in the Regulated Health Professions Act, 1991.听 2007, c.听10, Sched.听R, s.听6听(1).
Who can vote in elections
(2) Subject to the by-laws, every member who practises or resides in 澳门永利 and who is not in default of payment of the annual membership fee is entitled to vote in an election of members of the Council.听 2007, c.听10, Sched.听R, s.听6听(2).
President and Vice-President
7 The Council shall have a President and Vice-President who shall be elected annually by the Council from among the Council鈥檚 members.听 2007, c.听10, Sched.听R, s.听7.
Restricted titles
8 (1) No person other than a member shall use the title 鈥減sychotherapist鈥, 鈥渞egistered psychotherapist鈥 or 鈥渞egistered mental health therapist鈥, a variation or abbreviation or an equivalent in another language.听 2009, c.听26, s.听23 (4).
Representations of qualifications, etc.
(2) No person other than a member shall hold himself or herself out as a person who is qualified to practise in 澳门永利 as a psychotherapist, registered psychotherapist or registered mental health therapist.听 2009, c.听26, s.听23 (4).
Definition
(3) In this section,
鈥渁bbreviation鈥 includes an abbreviation of a variation.听 2007, c.听10, Sched.听R, s.听8听(3).
Section Amendments with date in force (d/m/y)
- 01/04/2015
9 Repealed: . 2021, c. 25, Sched. 25, s. 29.
Section Amendments with date in force (d/m/y)
- 03/06/2021
Offence
10 Every person who contravenes subsection 8 (1) or (2) is guilty of an offence and on conviction is liable to a fine of not more than $25,000 for a first offence and not more than $50,000 for a second or subsequent offence.听 2007, c.听10, Sched.听R, s.听10.
Regulations
11 Subject to the approval of the Lieutenant Governor in Council and with prior review by the Minister, the Council may make regulations prescribing therapies involving the practice of psychotherapy, governing the use of prescribed therapies and prohibiting the use of therapies other than the prescribed therapies in the course of the practice of psychotherapy.听 2007, c.听10, Sched.听R, s.听11.
Transition before certain provisions in force
12 (1) The Lieutenant Governor in Council may appoint a transitional Council.听 2007, c.听10, Sched.听R, s.听12听(1).
Registrar
(2) The Lieutenant Governor in Council may appoint a Registrar who may do anything that the Registrar may do under the Regulated Health Professions Act, 1991.听 2007, c.听10, Sched.听R, s.听12听(2).
Powers of transitional Council and Registrar
(3) Before section 6 comes into force, the Registrar, the transitional Council and its employees and committees may do anything that is necessary or advisable for the implementation of this Act and anything that the Registrar, the Council, and its employees and committees could do under this Act.听 2007, c.听10, Sched.听R, s.听12听(3).
Same
(4) Without limiting the generality of subsection (3), the transitional Council and the Registrar and the Council鈥檚 committees may accept and process applications for the issuance of certificates of registration, charge application fees and issue certificates of registration.听 2007, c.听10, Sched.听R, s.听12听(4).
Powers of the Minister
(5) The Minister may,
(a)听 review the transitional Council鈥檚 activities and require the transitional Council to provide reports and information;
(b)听 require the transitional Council to make, amend or revoke a regulation under this Act;
(c)听 require the transitional Council to do anything that, in the opinion of the Minister, is necessary or advisable to carry out the intent of this Act and the Regulated Health Professions Act, 1991.听 2007, c.听10, Sched.听R, s.听12听(5).
Transitional Council to comply with Minister鈥檚 request
(6) If the Minister requires the transitional Council to do anything under subsection (5), the transitional Council shall, within the time and in the manner specified by the Minister, comply with the requirement and submit a report.听 2007, c.听10, Sched.听R, s.听12听(6).
Regulations
(7) If the Minister requires the transitional Council to make, amend or revoke a regulation under clause (5) (b) and the transitional Council does not do so within 60 days, the Lieutenant Governor in Council may make, amend or revoke the regulation.听 2007, c.听10, Sched.听R, s.听12听(7).
Same
(8) Subsection (7) does not give the Lieutenant Governor in Council authority to do anything that the transitional Council does not have authority to do.听 2007, c.听10, Sched.听R, s.听12听(8).
Expenses
(9) The Minister may pay the transitional Council for expenses incurred in complying with a requirement under subsection (5).听 2007, c.听10, Sched.听R, s.听12听(9).
Transition after certain provisions in force
13 (1) After section 6 comes into force, the transitional Council shall be the Council of the College if it is constituted in accordance with subsection 6 (1) or, if it is not, it shall be deemed to be the Council of the College until a new Council is constituted in accordance with subsection 6 (1).听 2007, c.听10, Sched.听R, s.听13听(1).
Registrar
(2) After section 6 comes into force, the Registrar appointed by the Lieutenant Governor in Council shall be deemed to be the Registrar until a new Registrar is appointed by the Council constituted under subsection 6 (1).听 2007, c.听10, Sched.听R, s.听13听(2).
14-19 Omitted (amends or repeals other Acts).听 2007, c.听10, Sched.听R, ss.听14-19.
20 Omitted (provides for coming into force of provisions of this Act).听 2007, c.听10, Sched.听R, s.听20.
21 Omitted (enacts short title of this Act).听 2007, c.听10, Sched.听R, s.听21.
听