3/1/2010
‹#›
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![](3D"slide0001_image006.gif")
Overview of Proposed New
Act and Regulations
•
![3D"Atlantic_canadas_law_firm.jpg"](3D"master03_image001.jpg")
=
=
<=
span
style=3D'font-size:54%'>•Why does the Act need to be changed?
•What is the legislative process for change?
•New governance structure
<=
span
style=3D'font-size:54%'>•The Purpose of the College
<=
span
style=3D'font-size:54%'>•Composition of the Board
•Protection of Titles
•Protection of Practice
<=
span
style=3D'font-size:54%'>•Scope of Practice
<=
span
style=3D'font-size:54%'>•Registration and Licensing
•Complaints and Discipline
•Professional Corporations
•Where do we go from here?
<=
span
style=3D'font-size:54%'>•Questions?
![](3D"slide0002_image007.gif")
Topics =
to
be Covered
=
•<=
span
style=3D'font-size:71%'>The big picture
<=
span
style=3D'font-size:83%'>–What is happening in the world?
<=
span
style=3D'font-size:83%'>–Agreement on Internal Trade
<=
span
style=3D'font-size:83%'>–Fair Registration Practices Act
•<=
span
style=3D'font-size:71%'>The more local picture
<=
span
style=3D'font-size:83%'>–Present Act creates an Association with a focus on membership interest, not the public interest
<=
/span>
<=
span
style=3D'font-size:83%'>–Need for “protection of titles”
<=
span
style=3D'font-size:83%'>–Need for general modernization
![](3D"slide0004_image008.gif")
Why do =
we
need a new Act?
=
•Before the Legislature sits:
–Proposed Act and Regulations prepared by group of
diligent volunteers
–Proposed Act and Regulations reviewed by Council a=
nd
members
–Act and Regulations have been posted and some feed=
back
already received
–Members give additional feedback and new version of Act and =
Regulations will be prepared
–Draft Act and Regulations circulated to external
stakeholders
–Consultation with Government throughout all of the=
above
processes
![](3D"slide0032_image009.gif")
What is the legislative process for =
change?=
![](3D"slide0040_image010.gif")
=
=
•G=
overnment
agrees to introduce legislation
•Bi=
ll
briefing is held, and Bill introduced in Legislature for first reading
=
;
•B=
ill
receives the second reading
•Bill goes =
before
Law Amendments Committee (public consultation process)
•B=
ill
receives third reading
•A=
ct is
passed
•A=
ct
does not become effective until it is proclaimed
•P=
roclamation
is dependent on approval by Cabinet of Regulations
•P=
assage
of Regulations and proclamation of Act
What is the legislative process for =
change?
cont’d
=
•<=
span
style=3D'font-size:57%'>The Act
<=
span
style=3D'font-size:67%'>–Creates “College” and provides that the Board is the
governing entity
<=
span
style=3D'font-size:67%'>–Sets out objects of College
<=
span
style=3D'font-size:67%'>–Sets out principal activities of regulatory body
– Largely deal with internal operational matters such as nomination of
members of the Board, hol=
ding
of annual meetings, etc.
•<=
span
style=3D'font-size:57%'>Regulations
<=
span
style=3D'font-size:67%'>–Provides details of registration and complaints processes
=
•<=
span
style=3D'font-size:57%'>Bylaws
•<=
span
style=3D'font-size:57%'>Policies
–Provides guidelines to various individuals and committees exercising
functions under the Act and
Regulations
![](3D"slide0005_image011.gif")
Propos=
ed
Structure for Governance
=
•<=
span
style=3D'font-size:86%'>Nova Scotia Association of Medical Radiation Technologists changes to...
<=
span
style=3D'mso-special-format:bullet;color:#E11B37;position:absolute;left:-6=
.23%'>–The
College of …
•<=
span
style=3D'font-size:86%'>Council changes to…
<=
span
style=3D'mso-special-format:bullet;color:#E11B37;position:absolute;left:-6=
.23%'>–Board
•<=
span
style=3D'font-size:86%'>Radiation Therapy Technologist changes to…&#=
13;
<=
span
style=3D'mso-special-format:bullet;color:#E11B37;position:absolute;left:-6=
.23%'>–Radiation
Therapist
•<=
span
style=3D'font-size:86%'>Radiographic Technologist changes to…
<=
span
style=3D'mso-special-format:bullet;color:#E11B37;position:absolute;left:-6=
.23%'>–Radiological
Technologist
=
![](3D"slide0006_image012.gif")
New Nam=
es=
![](3D"slide0042_image013.gif")
=
•Magnetic
Resonance Technologist
–A new
discipline
&#=
8226;Diagnostic
Medical Sonographer (?)
=
–Other
possible names being considered for protection include
“Registered Ultrasonographer”; “Registered Ultraso=
und
Technologist”, and others
New Names cont’d
=
•Current purpose of NSAMRT:=
3;
(a)Increase the knowledge, ability and
competence of its members;
(b)Improve the
standards of the practice of medical radiation technology so as to ensure that the public at all =
times
receives the servi=
ces of
proficient and competent medical radiation technologists of high ethical standards;
(c)Do such lawful
things as are incidental to or conducive to the attainment of such objects.
–
![](3D"slide0007_image014.gif")
Purpos=
e or
Objects of New College
=
=
•The
proposed new objects are as follows:=
• Section 4 – In order to
a)serve and protect the public interest=
;
b)preserve the integrity of the profess=
ion; and
<=
span
style=3D'font-size:93%'>c)maintain public confidence in the ability of the <=
/span>profession to regulate itself,
•the Col=
lege
shall …
![](3D"slide0017_image015.gif")
Proposed
New Objects
![](3D"slide0043_image016.gif")
=
=
•
•…=
the
College shall
d) regulate
the practice of medical radi=
ation
technology and diagnostic medical sonography, and govern its members in acco=
rdance
with this Act a=
nd the
Regulations;
e) establish,
develop and promote standards of practice among its members;
•f) establish, develop and promo=
te a
Code of Ethics for its members;
g) subject
to Clauses (a) to (f), and in the public interest, advance and promote the practice of medical radia=
tion
technology and diagnostic medical sonography; and
h) do
such other lawful acts and things as are incidental to the attainment of the purposes and objects set out i=
n this
section.
<=
span
style=3D'visibility:hidden'>•
Proposed New Objects cont’d
=
=
•Proposed composition:
Tre=
asurer,
each of whom must hold a licence to practice;
• c) no
fewer than two and no more than three public representatives appointed in the manner as set out in=
the
bylaws who:
• i) are
not members of the College, and
• ii) have
shown an interest in serving on the Board.
•Breakdown between MRT and DMS not yet determined
•
![](3D"slide0008_image017.gif")
Composi=
tion
of the Board
•<=
span
style=3D'font-size:67%'>Current title protection:
•<=
span
style=3D'font-size:67%'>None
•<=
span
style=3D'font-size:57%'>Proposed title protection for the following:
<=
/span>
•“Reg=
istered
Medical Radiation Technologist”
•“Medical Radiation Technologist”
<=
/span>
•“Registered
Technologist, Magnetic Resonance”
•“Magnetic
Resonance Technologist”
•“Registered
Technologist – Nuclear Medicine”
<=
span
style=3D'font-size:67%'>•“Nuclear Medicine Technologist”
<=
span
style=3D'font-size:67%'>•“Registered Technologist, Therapy”
=
;
<=
span
style=3D'font-size:67%'>•“Radiation Therapist”
<=
span
style=3D'font-size:67%'>•“Registered Technologist, Radiological
Technology”
•“Radiological
Technologist”
•“X-ray
Technologist”
•“Graduate
Medical Radiation Technologist”
<=
span
style=3D'font-size:67%'>•“Diagnostic Ultrasound Technologist? “=
? (or
related titles)
•Or any
derivations or abbreviations thereof
![](3D"slide0009_image018.gif")
Protect=
ion
of Titles
=
=
•Only those licensed by the
College may engage in practice
•Those who are not licensed and
who engage in practice are subject to enforcement provisions=
under
the Summary Proceedings Act
•Exemptions for professions wi=
th
overlapping scopes of practice
![](3D"slide0012_image019.gif")
Protect=
ion
of Practice
=
=
•Scope of practice defines the
parameters of the profession as a whole
•Proposed scope sets out speci=
fic
illustrations for each discipline and then provides general =
“catch
all” to relate to the practices and procedures taught in
applicable education programs.
![](3D"slide0013_image020.gif")
Scope of
Practice
![](3D"slide0033_image021.gif")
=
=
•&=
quot;practice
of medical radiation technology" means:
the
application of professional medical radiation technology knowledge, skills=
and
judgment in the use of ionizing
radiation and other energy forms, in the provision of =
diagnostic, assessment, and therapeutic modalities=
, in
collaboration with physicians and
other health care professionals, to achieve optimal health, wellness and <=
/span>functional performance, and includes the practice =
of:
(i) radiological technology,
(ii)
radiation therapy,
(iii)
nuclear medicine technology,
(iv)
magnetic resonance technology, or
(v)
the practice of any other discipline set out in the regulations
•and includ=
es
research, education, consultation, management, administration, information technology, regulation, policy or syst=
em
development relevant to the foregoing.
Scope of Practice, cont'd
![](3D"slide0034_image022.gif")
=
=
•&=
quot;magnetic
resonance technology" means:
(i) the use of magnetic fie=
lds to
produce high quality diagnostic images;
(ii) the evaluation of diag=
nostic
images;
(iii) the application of ma=
gnetic
field safety in the protection of patients and others;
(iv) the application of magn=
etic
resonance physics to obtain pulse sequence data sets;
(v) the use of pharmaceutic=
als to
enhance magnetic resonance images;
(vi) the provision of care =
to
patients during the application of magnetic resonance
imaging;
(vii) the education of pati=
ents
regarding magnetic resonance technology; and
(viii) such other practices=
and
procedures within the scope of practice of magnetic resonance
technology as taught in medical radiation technology education programs.
Scope of Practice, cont'd
![](3D"slide0035_image023.gif")
=
=
•&=
quot;nuclear
medicine technology" means:
(i)
the performance of a variety of procedures utilizing radionuclides for diagnosing
and treating diseases;
(ii)
the provision of care to patients during the application of nuclear medici=
ne imaging
and therapy;
(iii) the education of patients regarding nuclear
medicine technology;
(iv)
the application of radiation safety in the protection of patients and othe=
rs; and
(v)
such other practices and procedures within the scope of practice of nuclea=
r medicine
technology as taught in medical radiation technology education programs.
Scope of Practice, cont'd
![](3D"slide0036_image024.gif")
=
=
=
•&=
quot;radiation
therapy" means:
(i)
planning and applying ionizing radiation to patients in accordance with a prescription
and instructions from a radiation oncologist;
(ii) the provision of care to patients during radi=
ation
therapy treatment;
(iii)
the education of patients regarding radiation therapy;
(iv)
the application of radiation safety in the protection of patients and othe=
rs;
(v) such other practices and procedures within the=
scope
of practice of radiation therapy as taught =
in a
medical radiation technology education programs.
Scope of Practice, cont'd
![](3D"slide0037_image025.gif")
=
=
•&=
quot;radiological
technology" means:
(i)
the carrying out of x-ray procedures either alone or in collaboration with=
a physician;
(ii)
the production of diagnostic radiographs;
(iii)
the evaluation of the diagnostic quality of the images taken;
(iv)
the application of radiation
safety in the protection of patients and others;
(v)
the provision of care to patients during the application of radiological <=
/span> technology
procedures;
(vi)
the education of patients regarding radiological technology; and
(vii)
such other practices and procedures within the scope of practice of radiological
technology as taught in a medical radiation technology education programs.
Scope of Practice, cont'd
![](3D"slide0044_image026.gif")
=
•<=
b>“diagnostic
ultrasound technology” means:
=
diagnostic images;
=
<=
span
style=3D'position:absolute;top:41.0%;left:15.91%;width:89.32%;height:3.25%=
'>pathophysiology in the evaluation and interpretati=
on of
diagnostic images to distinguish normal
and abnormal findings specific to pathological processes during ultrasound=
examinations;
=
=
technology as taught in diagnostic ultrasound tech=
nology
education programs.
Scope of Practice, cont'd
=
•<=
span
style=3D'font-size:71%'>Requirements under the Fair Registration Practices Act
•<=
span
style=3D'font-size:71%'>Distinction between registration and licensing
=
;
•<=
span
style=3D'font-size:71%'>Categories of licences:
<=
span
style=3D'font-size:83%'>–Medical radiation technologist licence, with or without conditions or restrictions
<=
span
style=3D'font-size:83%'>–Diagnostic Medical Sonographer (Diagnostic Ultrasound Technologist(?) licence, with or without condition=
s or restrictions
<=
span
style=3D'font-size:83%'>–Temporary licence (graduate medical radiation technologist), <=
/span>with or without conditions or restrictions
<=
span
style=3D'font-size:83%'>–Licence to be endorsed for particular “discipline”=
![](3D"slide0015_image027.gif")
Registr=
ation
and Licensing
![](3D"slide0038_image028.gif")
=
=
R=
26;Credentials
Committee reviews applications for registration and licence a=
nd
determines whether applicant meets criteria
=
&#=
8226;Criteria
spelled out in detail in Regulations
Credentials Committee
=
=
•Where registration or a
particular licence has been denied, or where terms or
conditions have been imposed, an applicant has a right of appeal
•Appeal will consist of fresh
review of entire matter, with new decision to be rendered by independent
body, Registration Appeal Committee
![](3D"slide0016_image029.gif")
Registr=
ation
Appeals
=
•Complaints may relat=
e to
potential:
–Professional
misconduct
–Conduct unbecom=
ing
the profession
–Incompetence=
3;
–Incapacity
•=
![](3D"slide0018_image030.gif")
Complaints
=
=
•Separation of
complaints/investigative process from discipline/hearing
process
•Introduction of alternate dis=
pute
resolution methods to avoid necessity of matter proceeding
to a hearing
•Requirement for disclosure and
fair processes
•Requirement for open hearing =
if
matter is referred to full hearing
![](3D"slide0041_image031.gif")
Complaints and Discipline Process
=
•Broad authority given to investigator
<=
/span>
<=
span
style=3D'font-size:93%'>•Following investigation, matter referred to Investigative Committee and various options available to dispose on nondisciplinary basis
=
–Counsel
–Caution
–Informal resolution
–Mediation
![](3D"slide0019_image032.gif")
The
Investigation of Complaints
=
=
•When a matter is referred to a
hearing, either party can approach the other regarding a settlement
•Settlement requires admission=
of
certain facts; admission of disciplinary matters; and agreed =
upon
disposition
•Both Investigative Committee a=
nd
Professional Conduct Committee must review and approve content
of settlement
![](3D"slide0020_image033.gif")
Settlem=
ent
Proposals
=
=
•Professional Conduct Committee
includes public representatives
•Full disclosure by either par=
ty
to the other
•Open hearing process
•Ability to impose publication
bans
•Publication of decisions
=
•Right of appeal
•Reinstatement applications=
![](3D"slide0021_image034.gif")
Hearing
Process
=
=
•Act allows for members to
practice under the structure of a professional
corporation
•At present, no Regulations
proposed to set out requirement for majority ownership =
by
medical radiation technologists
•This can be adapted over time
with additional changes to the Regulations
![](3D"slide0022_image035.gif")
Profess=
ional
Incorporation
=
=
<=
span
style=3D'font-size:50%'>•Education of members about proposed new Act and Regulations
•Obtain approval to proceed
•Meeting with Government officials on February 23,
2010
•Vote by members at special combined meeting of NSA=
MRT
and NSSDMS early June (?)
=
•Feedback incorporated into revised Act and Regulat=
ions
by August 2010 and new version circulated
to members for comment
<=
span
style=3D'font-size:50%'>•Consultation with 3 political parties between August and October
2010
•If Act passes in fall sitting of Legislature 2010,
Regulations are then forwarded to Registry of =
Regulations
<=
span
style=3D'font-size:50%'>•Anticipated proclamation date - early to mid 2011 ???
![](3D"slide0023_image036.gif")
What
Happens from Here?
![](3D"slide0029_image038.gif")
![](3D"slide0029_image039.gif")
For more information
![](3D"slide0024_image040.gif")
=
=
•
•
•
Questio=
ns?=
![3D"Atlantic_canadas_law_firm.jpg"](3D"master82_image041.gif")
![3D"McInnes](3D"master82_image042.gif")
3/1/2010
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