Respiratory Therapy Act, 1991, S.O. 1991, c. 39, Respiratory Therapy Act, 1991
Respiratory Therapy Act, 1991
S.O. 1991, CHAPTER 39
Consolidation Period:听 From July 24, 2023 to the .
Last amendment: .
Legislative History: 1997, c. 9, s. 6; 1998, c. 18, Sched. G, s. 44; ; ; ; .
Definitions
1 In this Act,
鈥淐ollege鈥 means the College of Respiratory 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 respiratory therapy; (鈥減rofession鈥)
鈥渢his Act鈥 includes the Health Professions Procedural Code. (鈥渓a pr茅sente loi鈥)听 1991, c.听39, s.听1; 1998, c.听18, Sched. G, s.听44听(2).
Section Amendments with date in force (d/m/y)
1998, c. 18, Sched. G, s. 44 (2) - 01/02/1999
Health Professions Procedural Code
2 (1) The Health Professions Procedural Code shall be deemed to be part of this Act.听 1991, c.听39, s.听2听(1).
Terms in Code
(2) In the Health Professions Procedural Code as it applies in respect of this Act,
鈥淐ollege鈥 means the College of Respiratory 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 respiratory therapy; (鈥減rofession鈥)
鈥渞egulations鈥 means the regulations under this Act. (鈥渞猫glements鈥)听 1991, c.听39, s.听2听(2); 1998, c.听18, Sched. G, s.听44听(2).
Definitions in Code
(3) Definitions in the Health Professions Procedural Code apply with necessary modifications to terms in this Act.听 1991, c.听39, s.听2听(3).
Section Amendments with date in force (d/m/y)
1998, c. 18, Sched. G, s. 44 (2) - 01/02/1999
Scope of practice
3 The practice of respiratory therapy is the providing of oxygen therapy, cardio-respiratory equipment monitoring and the assessment and treatment of cardio-respiratory and associated disorders to maintain or restore ventilation.听 1991, c.听39, s.听3; 1998, c.听18, Sched. G, s.听44听(2).
Section Amendments with date in force (d/m/y)
1998, c. 18, Sched. G, s. 44 (2) - 01/02/1999
Authorized acts
4 In the course of engaging in the practice of respiratory therapy, a member is authorized, subject to the terms, conditions and limitations imposed on his or her certificate of registration, to perform the following:
1.听 Performing a prescribed procedure below the dermis.
2.听 Intubation beyond the point in the nasal passages where they normally narrow or beyond the larynx.
3.听 Suctioning beyond the point in the nasal passages where they normally narrow or beyond the larynx.
4.听 Administering a substance by injection or inhalation.
5.听 Administering a prescribed substance by inhalation.听 1991, c.听39, s.听4; 1998, c.听18, Sched. G, s.听44听(2); 2009, c.听26, s.听25听(1).
Section Amendments with date in force (d/m/y)
1998, c. 18, Sched. G, s. 44 (2) - 01/02/1999
- 15/12/2009
Additional requirements for authorized acts
5 (1) A member shall not perform a procedure under the authority of paragraph 1, 2 or 4 of section 4 unless the procedure is ordered by,
(a)听 a member of the College of Physicians and Surgeons of 澳门永利, the College of Midwives of 澳门永利 or the Royal College of Dental Surgeons of 澳门永利;
(b)听 a member of the College of Nurses of 澳门永利 who holds an extended certificate of registration under the Nursing Act, 1991; or
(c)听 a member of a health profession that is prescribed by regulation.听 1998, c.听18, Sched. G, s.听44听(3).
Grounds for misconduct
(2) In addition to the grounds set out in subsection 51鈥(1) of the Health Professions Procedural Code, a panel of the Discipline Committee shall find that a member has committed an act of professional misconduct if the member contravenes subsection (1).听 1991, c.听39, s.听5听(2).
Section Amendments with date in force (d/m/y)
1998, c. 18, Sched. G, s. 44 (3) - 01/02/1999
College established
6 The College is established under the name College of Respiratory Therapists of 澳门永利 in English and Ordre des th茅rapeutes respiratoires de l鈥櫚拿庞览 in French.听 1991, c.听39, s.听6; 1998, c.听18, Sched. G, s.听44听(2).
Section Amendments with date in force (d/m/y)
1998, c. 18, Sched. G, s. 44 (2) - 01/02/1999
Council
7 (1) The Council shall be composed of,
(a)听 at least seven and no more than 10 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 1991, c.听39, s.听7听(1); 1998, c.听18, Sched. G, s.听44听(4).
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 1991, c.听39, s.听7听(2); 1998, c.听18, Sched. G, s.听44听(5).
Section Amendments with date in force (d/m/y)
1998, c. 18, Sched. G, s. 44 (4, 5) - 01/02/1999
President and Vice-President
8 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 1991, c.听39, s.听8.
Restricted titles
9 (1) No person other than a member shall use the title 鈥渞espiratory therapist鈥, a variation or abbreviation or an equivalent in another language.听 1991, c.听39, s.听9听(1); 1998, c.听18, Sched. G, s.听44听(2).
Representations of qualification, 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 respiratory therapist or in a specialty of respiratory therapy.听 1991, c.听39, s.听9听(2); 1998, c.听18, Sched. G, s.听44听(2).
Definition
(3) In this section,
鈥渁bbreviation鈥 includes an abbreviation of a variation.听 1991, c.听39, s.听9听(3).
Section Amendments with date in force (d/m/y)
1998, c. 18, Sched. G, s. 44 (2) - 01/02/1999
10 Repealed: 2021, c. 25, Sched. 25, s. 30.
Section Amendments with date in force (d/m/y)
- 03/06/2021
Offence
11 Every person who contravenes subsection 9鈥(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B, s.听22听(1).
Section Amendments with date in force (d/m/y)
- 04/06/2007
Regulations
12 (1) Subject to the approval of the Lieutenant Governor in Council and with prior review by the Minister, the Council may make regulations,
(a)听 prescribing procedures for the purpose of paragraph 1 of section 4;
(b)听 prescribing substances for the purpose of paragraph 5 of section 4.听 2009, c.听26, s.听25听(2).
Individual or categories
(2) A regulation made under clause (1) (b) may designate individual substances or categories of substances.听 2009, c.听26, s.听25听(2).
Incorporation by reference
(3) A regulation made under clause (1) (b) may adopt, by reference, in whole or in part, and with such changes as are considered necessary, one or more documents setting out a list of individual substances or a list of categories of substances that may be prescribed or administered by injection or inhalation by members.听 2009, c.听26, s.听25听(2).
Rolling incorporation
(4) If a regulation provided for in subsection (3) so provides, a document adopted by reference shall be a reference to it as amended from time to time after the making of the regulation.听 2009, c.听26, s.听25听(2).
Must be made by expert committee
(5) A document adopted by reference under subsection (3) may only be a document created or approved by an expert committee established under section 43.2 of the Regulated Health Professions Act, 1991 and no other body.听 2009, c.听26, s.听25听(2).
Availability
(6) A document adopted by reference under subsection (3) must be named in the regulation and must be available for public inspection during normal business hours in the office of the College and must be posted on the College鈥檚 website or available through a hyperlink at the College鈥檚 website.听 2009, c.听26, s.听25听(2).
Section Amendments with date in force (d/m/y)
- 04/06/2007
- 15/12/2009
Minister regulations
12.1 Subject to the approval of the Lieutenant Governor in Council, the Minister may make regulations exempting a person from subsection 9 (1) or (2) and setting conditions on such an exemption. 2023, c. 4, Sched. 2, s. 13.
Section Amendments with date in force (d/m/y)
- 24/07/2023
13 Repealed:听 2007, c.听10, Sched.听B, s.听22听(2).
Section Amendments with date in force (d/m/y)
- 04/06/2007
14 Omitted (provides for coming into force of provisions of this Act).听 1991, c.听39, s.听14.
15 Omitted (enacts short title of this Act).听 1991, c.听39, s.听15.
听