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Home → Legislative Business → Bills → 38-4

Status of bills in this Session.

Fourth Session, Thirty-Eighth Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.

It is not the official version. If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications .

Bill 209

THE AUDIOLOGISTS AND SPEECH LANGUAGE PATHOLOGISTS ACT

Table of Contents

Explanatory Note

(Assented to )

HER MAJESTY, by and with the advice and consent of

the Legislative Assembly of Manitoba, enacts as follows:

PART 1

DEFINITIONS

Definitions

The following

definitions apply in this Act.

"audiologist" means a person who is registered as an audiologist under this Act. (« audiologiste »)

"by-laws" means the by-laws of the college made under

section 52. (« règlements administratifs »)

"college" means the College of Audiologists and Speech-Language Pathologists of Manitoba. (« Ordre »)

"council" means the council of the college. (« conseil »)

"court" means the Court of Queen's Bench. (« tribunal »)

"member" means a person whose name is entered in a register. (« membre »)

"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre »)

"public representative" means a person who is not and has never been an audiologist or speech-language pathologist. (« représentant du public »)

"register" means a register established under this Act. (« registre »)

"registrar" means the registrar of the college appointed under this Act. (« registraire »)

"regulations" means the regulations made under

section 51. (« règlements »)

"speech-language pathologist" means a person who is registered as a speech-language pathologist under this Act. (« orthophoniste »)

PART 2

PRACTICE OF AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY

Practice of audiology

2(1)

The practice of audiology includes the assessment of auditory, balance, and other neural systems function and the treatment and prevention of dysfunction in these systems to develop, maintain, rehabilitate or augment auditory and communicative functions.

Practice of speech-language pathology

2(2)

The practice of speech-language pathology includes the assessment of communication, swallowing, vocal tract, or other upper aerodigestive functions and the treatment and prevention of dysfunction or disorders in these functions to

(

a) develop, maintain, rehabilitate or augment

(

i) oral motor and communicative functions, and

(ii) elective modification of communication behaviours; and

(

b) enhance communication.

Representation as an audiologist

3(1)

No person except an audiologist may

(

a) represent or hold out, expressly or by implication, that he or she is an audiologist or is entitled to engage in the practice of audiology as an audiologist; or

(

b) use any sign, display, title or advertisement implying that he or she is an audiologist.

Representation as a speech-language pathologist

3(2)

No person except a speech-language pathologist may

(

a) represent or hold out, expressly or by implication, that he or she is a speech-language pathologist or is entitled to engage in the practice of speech-language pathology as a speech-language pathologist; or

(

b) use any sign, display, title or advertisement implying that he or she is a speech-language pathologist.

Use of titles

3(3)

No person except

(

a) an audiologist shall use the title "audiologist", a variation or abbreviation of that title, or an equivalent in another language; and

(

b) a speech-language pathologist shall use the title "speech-language pathologist" or "speech-language therapist", a variation or abbreviation of that title, or an equivalent in another language.

Registration to practice

3(4)

In the province of Manitoba, no person shall engage in the practice of

(

a) audiology, unless registered under this Act to do so; or

(

b) speech-language pathology, unless registered under this Act to do so.

PART 3

COLLEGE OF AUDIOLOGISTS AND

SPEECH-LANGUAGE PATHOLOGISTS

OF MANITOBA

Association continued as college

4(1)

The Manitoba Speech and Hearing Association, incorporated by a private Act of the Legislature, is continued as a body corporate under the name College of Audiologists and Speech-Language Pathologists of Manitoba.

Duty to serve the public interest

4(2)

The college must carry out its activities and govern its members in a manner that serves and protects the public interest.

Powers

4(3)

The college has the capacity and, subject to this Act, the rights, powers and privileges of a natural person.

Membership

4(4)

The membership of the college consists of the persons whose names are on a register and who have paid the fees provided for in the by-laws.

Meetings

4(5)

A general meeting of the college must be held at least once a year and special general meetings of the college must be held when the council considers it advisable. On receiving a written request signed by at least 10% of the members of the college entitled to vote, the council shall convene a special general meeting for the purpose specified in the request.

Notice of meetings

4(6)

Notice of the time and place of each meeting referred to in subsection (5) must be given to the members in accordance with the by-laws.

Council

5(1)

There is hereby established a governing body of the college called the council.

Council to manage affairs

5(2)

The council shall

(

a) manage and conduct the business and affairs of the college; and

(

b) exercise the rights, powers and privileges of the college in the name and on behalf of the college.

Composition of council

6(1)

The council is to consist of at least nine and no more than twelve persons who are to be appointed or elected in accordance with the by-laws.

Public representatives

6(2)

At least three and no more than four of the persons elected or appointed to the council must be public representatives.

Officers

6(3)

The council must elect from among themselves the officers of the college specified in the by-laws, in the manner and for the terms specified in the by-laws.

Remuneration

6(4)

The members of the council are to be paid such remuneration and expenses as the council may determine by by-law.

Registrar and staff

6(5)

The council must appoint a registrar from among the members of the college and may appoint any other officers, practice auditors, investigators or staff that it considers necessary to perform the work of the college.

Committees

6(6)

The council

(

a) must establish a standing committee for the purpose of recruiting and selecting public representatives to serve on the council and committees of the college; and

(

b) may establish any other committee that the council considers necessary.

PART 4

REGISTRATION

REGISTERS

Registers

7(1)

Subject to the direction of the council, the registrar shall maintain the following registers:

(

a) a register of audiologists and speech-language pathologists;

(

b) a register of students;

(

c) any other registers that are provided for in the regulations.

Register of audiologists and speech-language pathologists

7(2)

The register of audiologists and speech-language pathologists must contain

(

a) every audiologist's and speech-language pathologist's name, business address and business telephone number;

(

b) the conditions imposed on every certificate of registration;

(

c) a notation of every cancellation and suspension of a certificate of registration;

(

d) the result of every disciplinary proceeding in which a panel has made a finding under

section 42; and

(

e) information that the regulations specify as information to be kept in the register.

Access to information

7(3)

During normal business hours, a person may obtain the following information contained in the register of audiologists and speech-language pathologists:

(

a) the information described in clauses (2)(

a) and (b);

(

b) the information described in clause (2)(

c) relating to a suspension that is in effect;

(

c) the results of every disciplinary proceeding completed within six years before the register was prepared or last updated

(

i) in which an audiologist's or speech-language pathologist's certificate of registration was cancelled or suspended or had conditions imposed on it, or

(ii) in which an audiologist or speech-language pathologist was required to pay a fine or attend to be censured;

(

d) information designated as public in the regulations.

APPLICATIONS FOR REGISTRATION

Board of assessors

In accordance with the by-laws, the council shall appoint a board of assessors to consider and decide on applications for registration under

section 9.

Registration of audiologists and speech-language pathologists

9(1)

The board of assessors shall approve an application for registration as

(

a) an audiologist if the applicant

(

i) is a graduate of an audiology education program approved by the council or another program that the council is satisfied is equivalent,

(ii) has passed any examination that the council may require,

(iii) establishes that his or her name has not been removed for cause from the register of persons authorized to engage in the practice of audiology in Canada or elsewhere,

(iv) establishes that he or she has not been suspended as a result of professional misconduct by a regulatory authority governing the practice of audiology in Canada or elsewhere,

(

v) pays the fees provided for in the by-laws, and

(vi) meets any other requirements set out in the regulations; and

(

b) as a speech-language pathologist if the applicant

(

i) is a graduate of a speech-language pathology education program approved by the council or another program that the council is satisfied is equivalent,

(ii) has passed any examination that the council may require,

(iii) establishes that his or her name has not been removed for cause from the register of persons authorized to engage in the practice of speech-language pathology in Canada or elsewhere,

(iv) establishes that he or she has not been suspended as a result of professional misconduct by a regulatory authority governing the practice of speech-language pathology in Canada or elsewhere,

(

v) pays the fees provided for in the by-laws, and

(vi) meets any other requirements set out in the regulations.

Registration through assessment etc.

9(2)

An application made by a person whose education does not fully meet the criteria set out in either subclauses (1)(a)(

i) or (1)(b)(i), or who cannot produce evidence of or information relating to his or her education satisfactory to the board, may nevertheless be approved for registration if the person

(

a) has undergone an assessment of his or her prior learning as may be required by the board;

(

b) if required, has successfully completed a course of instruction set by the board; and

(

c) has satisfied all other requirements for registration.

Conditions

9(3)

An approval may be made subject to any conditions that the board of assessors considers advisable.

Entry in the register

9(4)

The registrar must enter in the register of audiologists and speech-language pathologists the name of a person whose application for registrations is approved by the board of assessors.

Certificate of registration

9(5)

On entering the name of a person in the register of audiologists and speech-language pathologists, the registrar shall issue a certificate of registration to the person.

Application for registration not approved

If the board of assessors does not approve an application for registration or approves an application subject to conditions, it must

(

a) give notice to the applicant in writing, with reasons for its decision; and

(

b) advise the applicant of the right to appeal its decision to the council.

APPEAL

Appeal to council

11(1)

A person whose application for registration as an audiologist or speech-language pathologist is not approved by the board of assessors or whose application is approved subject to conditions may appeal the board's decision to the council.

Notice

11(2)

An appeal is to be made by filing a written notice of appeal with the council within 30 days after the person receives notice of the board's decision under

section 10. The notice must specify the reasons for the appeal.

Hearing

11(3)

On receiving a notice of appeal, the council shall

schedule an appeal, which must be held within 90 days after it receives the notice. The council must give the applicant a written notice of the date, time and place of the appeal.

Right to appear

11(4)

An applicant who appeals a decision of the board of assessors is entitled to appear with counsel and make representations to the council at the appeal.

Participation by member of board of assessors

11(5)

A member of the board of assessors who is also a member of council may participate in the appeal, and is entitled to appear with counsel, but shall not vote on a decision under this section.

Decision by council

11(6)

The council shall decide the appeal within 90 days after the hearing and may make any decision the board of assessors could have made.

Notice of decision of appeal

11(7)

Within 30 days after deciding the appeal, the council must give the applicant written notice of its decision.

Appeal to court

12(1)

A person whose application for registration as an audiologist or speech-language pathologist is refused by the council, or whose application is approved subject to conditions, may appeal the decision to the court by filing a notice of appeal within 30 days after receiving notice of the council's decision under subsection 11(7).

Powers of court on appeal

12(2)

On hearing an appeal, the court may

(

a) make any decision that in its opinion should have been made; or

(

b) refer the matter back to the council for further consideration in accordance with any direction of the court.

REGISTRATION OF STUDENTS

Registration of students

13(1)

The registrar shall approve an application for registration as a student if the applicant

(

a) is a student engaged in an audiology or speech-language pathology education program approved by the college;

(

b) pays the fee provided for in the by-laws; and

(

c) meets any other requirements set out in the regulations.

Appeal from refusal to register

13(2)

A person whose application for registration as a student is refused under subsection (1) may appeal the refusal to the council, in which case

section 11 applies, with necessary modifications.

ANNUAL CERTIFICATE OF REGISTRATION

Certificate of registration

Each year, the council must issue a certificate of registration to every person whose name is included in the register and who has paid the fees provided for in the by-laws. The certificate must state the type of registration and the date on which it expires, and must refer to any conditions or limitations imposed.

CANCELLATION OF REGISTRATION

Registration may be cancelled if fraud

15(1)

If the registrar is satisfied on reasonable grounds that a person's registration has been obtained by means of a false or fraudulent representation or declaration, the registrar must report the matter to the council, and the council may direct the registrar to cancel the person's certificate of registration. If directed to do so, the registrar must cancel the certificate of registration and give the person and his or her employer, if any, written notice of that fact.

Registration may be cancelled if conviction

15(2)

The council may direct the registrar to cancel the certificate of registration of a member who has been convicted of an offence that is relevant to his or her suitability to practise, but it must first notify the member that it intends to do so and give the member an opportunity to make representations. The registrar shall give the member and his or her employer, if any, written notice of any cancellation.

Appeal

15(3)

A member whose certificate of registration is cancelled under this

section may appeal the cancellation to the court, in which case

section 12 applies with necessary modifications.

PART 5

CONTINUING COMPETENCE

Continuing competence program

The council shall establish a program to ensure members' continuing competence in the practice of audiology and speech-language pathology. The program may provide for but is not limited to

(

a) reviewing the professional competence of members;

(

b) requiring members to participate in programs for ensuring competence; and

(

c) conducting practice audits in accordance with this act.

PART 6

COMPLAINTS

Definitions

The following

definitions apply in this Part.

"conduct" includes

an act or omission. (« conduite »)

"investigated member" means a member or a former member who is the subject of an investigation or whose conduct is the subject of a hearing under this Part. (« membre faisant l'objet de l'enquête »)

COMPLAINTS COMMITTEE

Complaints committee

18(1)

The council must appoint a complaints

committee consisting of

(

a) a member of the college who shall be the chair of the committee; and

(

b) other members of the college and public representatives appointed from time to time.

Public representatives

18(2)

At least 1/3 of the persons appointed to the complaints committee must be public representatives.

Complaints against members

19(1)

Any person may make a complaint in writing to the registrar about the conduct of a member, and the complaint shall be dealt with in accordance with this Part.

Complaints against former members

19(2)

If, after a member's registration is cancelled, suspended or not renewed under this Act,

(

a) a complaint is made about the former member; and

(

b) the complaint relates to conduct occurring before the cancellation, suspension or non-renewal occurred;

the complaint may, notwithstanding the cancellation, suspension or non-renewal, be dealt with within five years from the date of the cancellation or non-renewal as if the former member's registration were still in effect.

Referral to complaints committee

20(1)

The registrar shall refer to the complaints committee

(

a) a complaint made under

section 19; and

(

b) any other matter that the registrar considers appropriate.

Notice of referral

20(2)

On referring a matter to the complaints committee, the registrar shall give notice of the referral to the member whose conduct is the subject of the complaint.

Informal resolution

21(1)

On referral of a complaint or other matter to the complaints committee, the complaints committee may attempt to resolve it informally if the committee considers informal resolution to be appropriate.

Investigation

21(2)

If informal resolution of a complaint has been attempted and the complaint is not resolved to the complainant's satisfaction, the complaints committee shall direct that an investigation into the conduct of the member be held and shall appoint an investigator to conduct the investigation. The committee may also direct an investigation and appoint an investigator in respect of any complaint or other matter that is referred to it if the committee considers it appropriate to do so.

Records and information

21(3)

An investigator appointed under subsection (2) may

(

a) require the investigated member or any other member to produce to the investigator any records in his or her possession or under his or her control that may be relevant to the investigation;

(

b) require the investigated member or any other member to be interviewed for the purpose of the investigation; and

(

c) direct an inspection or audit of the practice of the investigated member.

Failure to produce records

21(4)

The college may apply to the court for an order

(

a) directing any member to produce to the investigator any records in his or her possession or under his or her control, if it is shown that the member failed to produce them when required to do so by the investigator; or

(

b) directing any person to produce to the investigator any records in his or her possession or under his or her control that are or may be relevant to the complaint being investigated.

Investigation of other matters

21(5)

The investigator may investigate any other matter related to the professional conduct or the skill in practice of the member that arises in the course of the investigation.

Report to complaints committee

21(6)

On concluding the investigation, the investigator shall report his or her findings to the complaints committee.

DECISION OF COMPLAINTS COMMITTEE

Decision of complaints committee

22(1)

The complaints committee may, after review or investigation,

(

a) direct that the matter be referred, in whole or in part, to the inquiry committee;

(

b) direct that the matter not be referred to the inquiry committee;

(

c) accept the voluntary surrender of the member's registration;

(

d) censure the member if

(

i) at least one member of the committee has met with the member and the member has agreed to accept the censure, and

(ii) the committee has determined that no action is to be taken against the member other that the censure;

(

e) refer the matter to mediation if the committee determines that the complaint is strictly a matter of concern to the complainant and the member and both parties agree to mediation; or

(

f) enter into an agreement with the member that provides for one or more of the following:

(

i) assessing the member's capacity or fitness to practise audiology or speech-language pathology,

(ii) counselling or treatment of the member,

(iii) monitoring or supervising the member's practice of audiology or speech-language pathology,

(iv) the member's completing a specified course of studies by way of remedial training,

(

v) placing conditions on the member's right to practise audiology or speech-language pathology.

Matter not resolved by mediation

22(2)

If a matter referred for mediation under clause (1)(

e) cannot be resolved, it must be referred back to the complaints committee, which may make any other decision under subsection (1) that it considers appropriate.

Decision served on member and complainant

22(3)

The complaints committee shall serve on the member and the complainant a written notice setting out its decision and the reasons for the decision.

Hearing not required

22(4)

Except as required by clause (1)(d), the complaints committee is not required to hold a hearing or give any person an opportunity to appear or to make formal submissions before making a decision under this section.

Conditions on right to practise

23(1)

If the complaints committee enters into an agreement with a member for conditions on the member's right to practise audiology or speech-language pathology under subclause 22(1)(f)(v), those conditions may include the conditions referred to in

section 26.

Costs

23(2)

The complaints committee may order the member to pay all or part of the costs incurred by the college in monitoring compliance with conditions imposed on a member's right to practise audiology or speech-language pathology under an agreement entered into under subclause 22(1)(f)(v). It may also order the member to pay all or part of the costs of the investigation.

CENSURE

Personal appearance

24(1)

The complaints committee may require a member who is censured under clause 22(1)(

d) to appear personally to be censured before the committee.

Publication of censure

24(2)

The complaints committee may publish the fact that a member has been censured, and publication may include the member's name and a description of the circumstances that led to the censure.

Order for costs

24(3)

The complaints committee may order a member who is censured to pay all or part of the costs of the investigation.

VOLUNTARY SURRENDER OF REGISTRATION

Voluntary surrender of registration

25(1)

If the complaints committee accepts a voluntary surrender of a member's registration under clause 22(1)(c), it may direct the member to do one or more of the following to the satisfaction of any person or committee that the complaints committee may determine, before the member's right to practise audiology or speech-language pathology may be reinstated:

(

a) obtain counselling or treatment;

(

b) complete a specified course of studies;

(

c) undergo a period of supervised practice, the length of which specified by the complaints committee.

Order for costs

25(2)

The complaints committee may direct the member to pay any costs incurred by the college in monitoring compliance with a direction given under subsection (1) and to pay all or part of the costs of the investigation up to the time that the voluntary surrender takes effect.

Conditions on re-instatement

A voluntary surrender remains in effect until the complaints committee is satisfied that the conduct or complaint that was the subject of the investigation has been resolved, at which time the committee may impose conditions on the member's entitlement to practise audiology or speech-language pathology, including conditions that the member do one or more of the following:

(

a) limit his or her practice;

(

b) practise under supervision;

(

c) not engage in sole practice;

(

d) permit periodic audits of his or her practice;

(

e) permit periodic audits of records;

(

f) report to the committee or the registrar on specific matters;

(

g) comply with any other conditions that the committee considers appropriate in the circumstances;

and may order the member to pay all or any part of the costs incurred by the college in monitoring compliance with those conditions.

APPEAL BY COMPLAINANT

Appeal by complainant to council

27(1)

When the complaints committee makes a decision under clause 22(1)(b), (

c) or (f), the complainant may appeal the decision to the council.

Notice

27(2)

An appeal is to be made by mailing a written notice of appeal to the registrar within 30 days after the date the complainant is notified of the complaints committee decision under subsection 22(3).

Power on appeal

27(3)

On an appeal under this section, the council shall do one or more of the following:

(

a) make any decision that in its opinion ought to have been made by the complaints committee;

(

b) quash, vary or confirm the decision of the complaints committee;

(

c) refer the matter back to the complaints committee for further consideration in accordance with any direction that the council may make.

Notice of decision

27(4)

The council shall give the member and the complainant a written notice setting out its decision and the reasons for the decision.

Hearing not required

27(5)

The council is not required to hold a hearing or to give any person an opportunity to appear or to make oral submissions before making a decision under this section, but it shall give the investigated member and the complainant an opportunity to make a written submission.

SUSPENSION OF REGISTRATION PENDING DECISION

Suspension of registration pending decision

28(1)

Notwithstanding anything in this Act, the complaints committee may, when there is a question that a member's conduct exposes or is likely to expose the public to serious risk, direct the registrar to suspend the member's certificate of registration or place conditions on his or her practice of audiology or speech-language pathology pending the outcome of proceedings under this Part.

Notice of suspension or conditions

28(2)

On receiving a direction under subsection (1), the registrar shall promptly serve a notice of the suspension or the conditions of practice on the member and, where appropriate, the member's employer.

Application for stay

The member may, by filing an application with the court and serving a copy on the registrar, apply for an order of the court staying a decision of the complaints committee to suspend the member's certificate of registration or to place conditions under

section 28 pending the outcome of proceedings under this Part.

MISCELLANEOUS

Referral to inquiry committee

Notwithstanding any other action it may have taken, with the exception of a censure, the complaints committee may at any time refer the conduct or complaint that was the subject of the investigation to the inquiry committee.

Disclosure of information to authorities

Notwithstanding any other provision of this Act, the complaints committee may disclose to a law enforcement authority any information respecting possible criminal activity on the part of a member that is obtained during an investigation into the member's conduct.

INQUIRY COMMITTEE

Inquiry committee

32(1)

The council shall appoint an inquiry committee consisting of

(

a) an audiologist or speech-language pathologist who is a member of the college, who is to be the chair; and

(

b) other members of the college, former members of the college and public representatives appointed from time to time.

Public representatives

32(2)

At least 1/3 of the persons appointed to the inquiry committee must be public representatives.

Selection of panel

33(1)

Within 30 days after a matter is referred to the inquiry committee, the chair shall select a panel from among the members of the inquiry committee to hold a hearing.

Composition

33(2)

A panel is to be composed of at least three members, one of whom must be a public representative.

Exclusion from panel

33(3)

No person may be selected for a panel who has taken

part in the review or investigation of what is to be the subject-matter of the panel's hearing.

Effect of member being unable to continue

33(4)

If a hearing has begun and a member of the panel is unable to continue to sit as a member, the panel may complete the hearing if at least three members remain and one of them is a public representative.

HEARING

Hearing

34(1)

When a panel is selected, it shall hold a hearing.

Date of hearing

34(2)

A hearing must begin within 120 days after the date on which the matter is referred to the inquiry committee, unless the investigated member consents in writing to a later date.

Notice of hearing

34(3)

At least 30 days before the date of the hearing, the registrar shall serve a notice of hearing on the investigated member and the complainant stating the date, time and place of the hearing and identifying in general terms the complaint or matter about which the hearing will be held.

Public notice of hearing

34(4)

The registrar may issue a public notice of the hearing in any manner he or she considers appropriate, but the notice must not include the name of the investigated member.

Right to appear and be represented

35(1)

The college and the investigated member may appear and be represented by counsel at a hearing, and the panel may have counsel to assist it.

Adjournments

35(2)

The chair of the panel may adjourn a hearing from time to time.

Recording of evidence

35(3)

The oral evidence given at a hearing must be recorded.

Member may examine documentary evidence

36(1)

Before the day of the hearing, an investigated member must be given opportunity to examine any written or documentary evidence that will be produced and any report the contents of which will be given in evidence at the hearing.

Member to provide documentary evidence

36(2)

If the member intends to rely on any written or documentary evidence or any report at the hearing, he or she shall provide a copy of that evidence or report to the college before the day of the hearing.

Evidence of expert without report

36(3)

If either the member or the college intends to call an expert as a witness at the hearing and there is no report from the expert, a

summary of the expert's intended evidence, including his or her findings, opinions and conclusions, must be provided to the other party before the day of the hearing.

Failure to provide

summary

36(4)

If the

summary is not provided in accordance with subsection (3), the expert may testify at the hearing only with the leave of the panel.

Investigation of other matters

The panel may investigate and hear any other matter concerning the conduct of the investigated member that arises in the course of its proceedings. In that event, the panel shall declare its intention to investigate the further matter and permit the member sufficient opportunity to prepare a response.

Hearing open to public

38(1)

Except as otherwise provided in this section, a hearing of the panel shall be open to the public, but there shall be no reporting in the media of anything that would identify the investigated member, including the member's name, the business name of the member's practice or partnership, or the location of practice, unless and until the panel makes a finding under

section 42.

Request for a private hearing

38(2)

The member of the college may request that the hearing or any part of it be held in private.

When private hearing may be held

38(3)

When a request is made under subsection (2), the panel may make an order excluding the public from the hearing or any part of it or directing that the member, the complainant, or any witness be identified only by initials, if the panel is satisfied that

(

a) matters involving public security may be disclosed;

(

b) financial or personal or other matters may be disclosed at the hearing that are of such a nature that the desirability of avoiding public disclosure of those matters 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;

(

c) a person involved in a criminal proceeding or a civil suit or proceeding may be prejudiced; or

(

d) the safety of a person may be jeopardized.

Reasons for excluding the public to be available

38(4)

The panel shall ensure that any order it makes under subsection (3) and its reasons are either given orally at the hearing or are available to the public in writing.

Evidence

39(1)

At a hearing, the oral evidence of witnesses must be taken on oath or affirmation, and the parties shall have the right to cross-examine witnesses and call evidence in defence and reply.

Power to administer oaths and affirmations

39(2)

For the purpose of an investigation or hearing under this Act, the registrar and the chair of the panel have the power to administer oaths and affirmations.

Witnesses

40(1)

Any person, other than the investigated member, who in the opinion of the panel has knowledge of the complaint or matter being heard is a compellable witness in any proceeding before the panel.

Notice to attend and produce records

40(2)

The attendance of witnesses before the panel and the production of records may be enforced by a notice issued by the registrar requiring the witness to attend and stating the date, time and place at which the witness is to attend and the records, if any, that the witness is required to produce.

Registrar to provide notices

40(3)

On the written request of the member or his or her counsel or agent, the registrar shall provide any notices that the member requires for the attendance of witnesses or the production of records.

Witness fees

40(4)

A witness, other than the member, who has been served with a notice to attend or a notice for production under this

section is entitled to be paid the same fees in the same manner as a witness in an action in the court.

Failure to attend or give evidence

40(5)

Proceedings for civil contempt of court may be brought against a witness

(

a) who fails to attend before the panel in compliance with a notice to attend;

(

b) who fails to produce any records in compliance with a notice to produce them; or

(

c) who refuses to be sworn or to affirm or to answer any question he or she is directed to answer by the panel.

Hearing in absence of investigated member

The panel, on proof of service on the investigated member of the notice of hearing, may

(

a) proceed with the hearing in the absence of the member or his or her agent; and

(

b) act, decide or report on the matter being heard in the same way as if the member were in attendance.

DECISION OF PANEL

Findings of panel

If, at the conclusion of a hearing, the panel finds that the member

(

a) is guilty of professional misconduct;

(

b) has contravened this Act or the regulations, by-laws or code of ethics of the college;

(

c) has been found guilty of an offence that is relevant to the member's suitability to practise;

(

d) has displayed a lack of knowledge or lack of skill or judgment in the practice of audiology or speech-language pathology;

(

e) has demonstrated an incapacity or unfitness to practise audiology or speech-language pathology;

(

f) is suffering from an ailment that might, if the member continues to practise, constitute a danger to the public; or

(

g) is guilty of conduct unbecoming a member;

it shall deal with the member in accordance with this Act.

Orders of panel

43(1)

If the panel makes any of the findings described in

section 42, it may make one or more of the following orders:

(

a) reprimand the member;

(

b) suspend the member's certificate of registration for a stated period;

(

c) suspend the member's certificate of registration until he or she has completed a specified course of studies or supervised practical experience, or both, to the satisfaction of any person or committee that the panel may determine;

(

d) accept, in place of the suspension of the certificate of registration, the member's undertaking to limit his or her practice;

(

e) impose conditions on the member's entitlement to practise audiology or speech-language pathology, including conditions that he or she

(

i) practise under supervision,

(ii) permit periodic inspections of his or her practice,

(iii) permit periodic audits of records,

(iv) report on specified matters to any person or committee that the panel may determine, and

(

v) not engage in sole practice;

(

f) require the member to satisfy a person or committee that the panel may determine that a disability or addiction can be or has been overcome, and suspend the member's certificate of registration until the person or committee is satisfied;

(

g) require the member to take counselling or treatment;

(

h) direct the member to waive, reduce or repay money paid to the member that, in the opinion of the panel, was unjustified for any reason;

(

i) cancel the member's certificate of registration.

Panel may consider censure

43(2)

To assist the panel in making an order under this section, the panel may be advised of any censure or order previously issued to the member and the circumstances under which it was issued.

Ancillary orders

43(3)

The panel may make any ancillary order that is appropriate or required in connection with an order mentioned in subsection (1) or may make any other order that it considers appropriate in the circumstances, including an order that

(

a) a further or new investigation be held into any matter; or

(

b) a panel be convened to hear a complaint without an investigation.

Costs when conditions imposed

43(4)

If the panel imposes conditions on a member's entitlement to practise audiology or speech-language pathology under clause (1)(e), it may also order the member to pay all or any part of the costs incurred by the college in monitoring compliance with those conditions.

Contravention of order

43(5)

If the board is satisfied that a member has contravened an order made under subsection (1), it may, without a further hearing, cancel the member's certificate of registration.

Costs and fines

44(1)

The panel may, in addition to or instead of dealing with the member's conduct in accordance with

section 43, order that the member pay to the college, within the time set by the order,

(

a) all or part of the costs of the investigation, hearing and appeal;

(

b) a fine not exceeding $10,000.; or

(

c) both the costs under clause (

a) and the fine under clause (b).

Nature of costs

44(2)

The costs referred to in subsection (1) may include, but are not limited to,

(

a) all disbursements incurred by the college, including

(

i) fees and expenses for experts, investigators and auditors whose reports or attendances were reasonable necessary for the investigation or hearing,

(ii) fees, travel costs and reasonable expenses of any witnesses required to appear at the hearing,

(iii) fees for retaining a reporter and preparing transcripts of the proceedings, and

(iv) costs of service of documents, long distance telephone and facsimile charges, courier delivery charges and similar miscellaneous expenses;

(

b) payments made to members of the panel or the complaints committee; and

(

c) costs incurred by the college in providing counsel for the college and the panel, whether or not counsel is employed by the college.

Failure to pay costs and fines by time ordered

44(3)

If the member is ordered to pay a fine or costs or both under subsection (1), or under subsection 43(4), and fails to pay within the time ordered, the registrar may cancel his or her certificate of registration until payment is made.

Filing of order

44(4)

The college may file an order under subsection (1) in the court, and on the order being filed it may be enforced in the same manner as a judgment of the court.

Written decision

45(1)

Within 90 days following the completion of a hearing, the panel shall make a written decision on the matter consisting of the reasons for its decision and a statement of any order made by it.

Decision forwarded to registrar

45(2)

The panel shall forward to the registrar

(

a) the decision; and

(

b) any record of the proceedings and all exhibits and documents.

Service of decision

45(3)

On receiving the decision and record, the registrar shall serve a copy on the member and the complainant.

Copies of transcript

45(4)

The member may examine the record of the proceedings before the panel, and is entitled to receive, on payment of the cost of providing it, a transcript of the oral evidence given before the panel.

Publication of decision

Notwithstanding that any proceeding or part of a proceeding under this Part may have been held in private, the college may, after the decision and any order has been served on the member, publish the circumstances relevant to the findings and any order of the panel. If the panel makes an order against the member under

section 43 or 44, the college may also publish the member's name.

APPEAL TO COURT

Appeal to Court of Appeal

47(1)

A member in respect of whom a finding or order is made by the panel under

section 42, 43 or 44 may appeal the finding or order to the Court of Appeal.

Commencement of appeal

47(2)

An appeal must be commenced

(

a) by filing a notice of appeal; and

(

b) by giving a copy of the notice of appeal to the registrar;

within 30 days after the date on which the decision of the panel is served on the member.

Appeal on the record

47(3)

An appeal must be founded on the record of the hearing before the panel and the decision of the panel.

Powers of Court on appeal

On hearing the appeal, the Court of Appeal may

(

a) make any finding or order that in its opinion ought to have been made;

(

b) quash, vary or confirm the decision of the panel or any part of it; or

(

c) refer the matter back to the panel for further consideration in accordance with any direction of the Court.

Stay pending appeal

The decision and any order of the panel remains in effect pending an appeal unless the Court of Appeal, on application, stays the decision and any order pending the appeal.

REINSTATEMENT

Reinstatement

The council may, on application by a person whose registration has been cancelled, direct the registrar to reinstate the person's name in the register, subject to any conditions that the council may impose, and may order the person to pay any costs arising from the imposition of such conditions.

PART 7

REGULATIONS, BY-LAWS

AND CODE OF ETHICS

Regulations

51(1)

The council may make regulations

(

a) respecting registration under

Part 4, including establishing the qualifications, experience and other requirements to be met by applicants for registration and for renewal and reinstatement of registration;

(

b) respecting the establishment, content and maintenance of registers under

section 7 and, for the purpose of clause 7(3)(d), designating information contained in a register that may be made public;

(

c) defining by education, experience or otherwise, general or specialized areas of audiology and speech-language pathology practice;

(

d) respecting standards for the practice of audiology and speech-language pathology;

(

e) controlling the manner in which a member may describe his or her qualifications or occupation and prohibiting the use of any term, title or designation that in the opinion of the council is calculated to mislead the public;

(

f) respecting continuing competence programs;

(

g) requiring members to carry professional liability insurance and governing the coverage required to be carried.

Approval of regulations

51(2)

A regulation under subsection (1) does not come into force until it is approved by

(

a) a majority of members of the college voting in accordance with the by-laws; and

(

b) the Lieutenant Governor in Council.

By-laws

52(1)

The council may make by-laws

(

a) for the government of the college and the management and conduct of its affairs;

(

b) respecting the calling and conduct of meetings of the college and the council;

(

c) respecting the nomination, election and number of council members and officers of the college, the filling of vacancies on the council and on any committee or board established by the council, and the appointment of ex officio members of the council and of any committee or board established by the council, and prescribing the term of office and the duties and functions of those members, officers and ex officio members;

(

d) providing for the procedures for the election of members to the council;

(

e) providing for the division of the province into districts and prescribing the number of council members to be elected from each district;

(

f) establishing classes of members and governing the rights, privileges and obligations of each class;

(

g) governing the number of members that constitutes a quorum at meetings of the college and the council;

(

h) governing the operation, proceedings and quorum of the complaints committee and the inquiry committee, the appointment of acting members and ex officio members and the procedures for filling vacancies, and prescribing the terms of office, duties and functions of ex officio members;

(

i) setting remuneration, fees and expenses payable to members of the council or of committees or boards established under this Act, the regulations or the by-laws for attending to the business of the college;

(

j) prescribing the fees payable by members and by applicants for registration or the manner of determining such fees;

(

k) respecting the holding of votes on any matter relating to the college, including voting by mail or any other method;

(

l) governing the establishment, operation and proceedings of committees or boards, the appointment and revocation of members and acting members of those committees or boards and the procedures for filling vacancies on those committees or boards;

(

m) providing for the appointment and remuneration of officers and other employees of the college and prescribing their duties and functions;

(

n) providing for the term of office of the registrar and the appointment of an individual as an acting registrar, who has all of the powers, duties and functions of the registrar under this Act and the regulations when the registrar is absent or unable to act or when there is a vacancy in the office of registrar;

(

o) respecting the procedures for the approval of regulations by the members;

(

p) in respect of individuals who are members of a body that governs the practice of audiology and speech-language pathology in a jurisdiction other than Manitoba,

(ii) prescribing the fees payable, or the manner of determining fees payable, by such individuals;

(

q) respecting the cancellation of a member's registration for non-payment of fees and the reinstatement of a member's registration when outstanding fees are paid.

Amendments and repeal of by-laws

52(2)

After notice is given in accordance with the by-laws, a by-law under subsection (1) may be amended or repealed by a majority of the members of the college

(

a) present and voting at a general meeting; or

(

b) voting in a mail vote or other method of voting conducted in accordance with the by-laws.

Code of ethics

The college may, by resolution passed at a general meeting, adopt a code of ethics governing the conduct of members.

PART 8

GENERAL PROVISIONS

PRACTICE AUDITORS

Appointment of practice auditors

54(1)

The council may appoint one or more practice auditors for the purposes of this Act and the regulations and by-laws.

Audit of an audiology or speech-language pathology

practice

54(2)

The practice auditor may review the operation of an audiology or speech-language pathology practice and shall report his or her findings to the registrar on the conclusion of each audit.

Entry of premises and inspection of records

55(1)

For the purpose of enforcing and administering this Act and the regulations, a practice auditor may at any reasonable time, and when requested, upon presentation of an identification card issued by the council,

(

a) without a warrant, enter the office of a member and make such inspections as may be reasonably required to determine compliance with this Act and the regulations;

(

b) require the production by the member of any record that the practice auditor reasonably considers necessary for the purpose of enforcing this Act and the regulations;

(

c) inspect and, upon giving a receipt, remove records or things relevant to the inspection for the purpose of making copies or extracts; and

(

d) remove substances and things for examination or test upon giving a receipt.

Admissibility of copies

55(2)

A copy of a record made under clause (1)(

c) and certified to be a true copy by the practice auditor is, in the absence of evidence to the contrary, admissible in evidence in any proceeding or prosecution as proof of the original record and its contents.

Entry with order

55(3)

When a justice is satisfied by information under oath that there are reasonable grounds for believing that it is necessary for a practice auditor to enter a building, vehicle or other place for the enforcement of this Act or the regulations and

(

a) a reasonable, unsuccessful effort to effect entry without the use of force has been made; or

(

b) there are reasonable grounds for believing that entry would be denied without a warrant;

the justice may at any time, and if necessary upon application without notice, issue an order authorizing the practice auditor and such other persons as may be named in the order, with such peace officers as are required to assist, to enter the building or other place and to take such action as a practice auditor may take under subsection (1).

Obstruction of practice auditor

55(4)

No person shall obstruct a practice auditor, or withhold from a practice auditor, or conceal or destroy any records, documents, substances or things relevant to an audit.

SERVICE OF DOCUMENTS

Service of documents

56(1)

A notice, order or other document under this Act or the regulations is sufficiently given or served if it is

(

a) delivered personally; or

(

b) sent by registered mail, or by another service that provides the sender with proof of delivery, to the intended recipient at that person's last address appearing in the records of the college.

Deemed receipt

56(2)

A notice, order or other document sent by registered mail is deemed to be given or served five days after the day it was sent.

REGISTRAR'S CERTIFICATE

Registrar's certificate

A certificate purporting to be signed by the registrar and stating that a named person was or was not, on a specified day or during a specified period,

(

a) a member of the college; or

(

b) an officer, investigator or practice auditor of the college or a member of the council or of a committee or board established under this Act, the regulations or the by-laws;

is, in the absence of evidence to the contrary, admissible in evidence in all courts and tribunals as proof of the facts stated in it without proof of the registrar's appointment or signature.

PROOF OF CONVICTION

Proof of conviction

For the purpose of proceedings under this Act, a certified copy under the seal of the court or signed by the convicting judge or the Clerk of The Provincial Court, of the conviction of a person for any crime or offence under the Criminal Code (Canada) or under any other Act or regulation is conclusive evidence that the person has committed the crime or offence stated, unless it is shown that the conviction has been quashed or set aside.

OFFENCES

Offence

59(1)

A person who contravenes a provision of this Act or the regulations, other than

section 63 of this Act, is guilty of an offence and is liable on

summary conviction to a fine of not more that $10,000.

Offence — confidentiality of information

59(2)

A person who contravenes

section 63 is guilty of an offence and is liable on

summary conviction to a fine of not more than $50,000.

Fraudulent representation on application for registration

59(3)

A person who obtains, or attempts to obtain, registration as a member of the college under this Act by making a false or fraudulent representation or declaration, either orally or in writing, and any person who knowingly assists in making such a representation or declaration, is guilty of an offence and is liable on

summary conviction to a fine of not more than $10,000.

Offence by employer

59(4)

If the employer of a member knowingly permits the member to fail to comply with a condition of the member's certificate of registration, the employer is guilty of an offence and is liable on

summary conviction to a fine of not more than $10,000.

Limitation on prosecution

59(5)

A prosecution under this Act may be commenced within two years after the commission of the alleged offence, but not afterwards.

Prosecution of offence

59(6)

Any person may be a prosecutor or complainant in the prosecution of an offence under this Act, and the government may pay to the prosecutor a portion of any fine recovered, in an amount that it considers appropriate, toward the costs of the prosecution.

Stay of proceedings

59(7)

When the college is the prosecutor of an offence under this Act, it may apply for a stay of proceedings in the prosecution, and the court shall grant the stay.

Single act of unauthorized practice

In any prosecution under this Act it is sufficient to prove that the accused has done or committed a single act of unauthorized practice, or has committed on one occasion any of the acts prohibited by this Act.

PROTECTION FROM LIABILITY

Protection from liability

No action lies against the college, the council, the registrar, a person conducting an investigation, a practice auditor, a member of a committee or board established under this Act or the regulations or by-laws, or any employee, officer or person acting on the instructions of any of them, for anything done by the person in good faith in the performance or intended exercise of any power under this Act or the regulations or by-laws of for any neglect or default in the performance or exercise in good faith of such a duty or power.

Limitation period for members

No member is liable in any actions for negligence or malpractice by reason of professional services requested or rendered, unless the action is commenced within two years from the date when, in the matter complained of, those professional services terminated.

CONFIDENTIALITY OF INFORMATION

Confidentiality of information

Every person employed, appointed or retained for the purpose of administering this Act, and every member of the council or a committee of the council, shall preserve secrecy about all information that comes to his or her knowledge in the course of his or her duties, and shall not communicate any information to any other person, except

(

a) to the extent the information is available to the public under the Act;

(

b) in connection with the administration of this Act, including, but not limited to, the registration of members, complaints about members, allegations of members' incapacity, unfitness, incompetence or acts of professional misconduct, or the governing of the profession;

(

c) to a body that governs the practice of a health profession pursuant to

an Act of the Legislature, to the extent the information is required in order for that body to carry out its mandate under the Act; or

(

d) to a body that governs the practice of audiology and speech-language pathology in a jurisdiction other than Manitoba.

INJUNCTION

Injunction

The court, on application by the council, may grant an injunction enjoining any person from doing any act that contravenes

Part 2, notwithstanding any penalty that may be provided by this Act in respect of that contravention.

DUTY OF MEMBERS TO REPORT

Duty of members to report

65(1)

A member who believes that another member is suffering from a physical or mental condition or disorder of a nature or to an extent that the member is unfit to continue to practise or that the member's practice should be restricted, shall inform the registrar of that belief and the reasons for it.

Exemption from liability for disclosure

65(2)

A member who discloses information under subsection (1) is not subject to any liability as a result, unless it is established that the disclosure was made maliciously.

EMPLOYER'S RESPONSIBILITY

Employer's responsibility to ensure registration

66(1)

Every person who employs a person as an audiologist or speech-language pathologist shall ensure that the audiologist or speech-language pathologist is registered under this Act during the period of employment.

Responsibility to report misconduct

66(2)

If a person who employs an audiologist or speech-language pathologist terminates the audiologist's or speech-language pathologist's employment for misconduct, incompetence or incapacity, the employer shall promptly report the termination to the council and give the audiologist or speech-language pathologist a copy of the report.

ANNUAL REPORT

Annual report

67(1)

The college shall submit an annual report to the minister within four months of the end of each fiscal year.

Contents of report

67(2)

The report must include the following information for the year for which the report is submitted:

(

a) a description of the structure of the college, including its committees and their functions;

(

b) the names of the members of the council and committees;

(

c) a copy of the by-laws or amendments to by-laws that were made;

(

d) the number of applications for registration that were received and their disposition;

(

e) the number of complaints that were received and their disposition;

(

f) the number of members disciplined, the reasons for the discipline and the sanctions imposed;

(

g) the number of practice audits conducted and the results of the audits;

(

h) the methods used to assure the continuing competence of members;

(

i) a financial report on the operation of the college;

(

j) any other information the minister requires.

PART 9

TRANSITIONAL, REPEAL C.C.S.M. REFERENCE AND COMING INTO FORCE

Definition: "former Act"

68(1)

In this section, " former Act " means The Manitoba Speech and Hearing Association Act , R.S.M. 1990, c. 101.

Registration continued

68(2)

An individual who, under the former Act, is a registered speech and hearing therapist on the day this Act comes into force is deemed to be registered as a member under this Act.

Application for registration continued

68(3)

An application for registration made under the former Act but not concluded before the coming into force of this Act shall be dealt with under this Act .

Council continued

68(4)

Subject to the by-laws, the members of the board and officers of the association under the former Act are deemed to be members of the council and officers of the college under this Act.

Complaints under former Act: inquiry commenced

68(5)

If, on the day this Act comes into force, a decision or direction to hold an inquiry about a matter has been made under Disciplinary Action , Regulation No. 2/89, the matter shall be concluded under the former Act as though this Act had not come into force.

Complaints under former Act: no inquiry commenced

68(6)

A matter about which no decision or direction to hold an inquiry has been made under Disciplinary Action , Regulation No. 2/89, before the coming into force of this Act shall be dealt with under this Act.

Repeal

The Manitoba Speech and Hearing Association Act , R.S.M. 1990, c. 101, is repealed.

C.C.S.M. reference

This Act may be referred to as

chapter A170 of the Continuing Consolidation of the Statutes of Manitoba .

Coming into force

This Act comes into force on January 1, 2007.

Explanatory Note

This Bill replaces The Manitoba Speech and Hearing Association Act , and provides for the regulation of the professions of audiologists and speech-language pathologists.

It includes provisions

continuing The Manitoba Speech and Hearing Association, under the name College of Audiologists and Speech-Language Pathologists of Manitoba, as the profession's governing body;

establishing a governing board with public representatives;

requiring the registration of audiologists and speech-language pathologists; and

creating a process for handling complaints and discipline.

Document details

Collection	Manitoba — Debates (Hansard)
Citation	38-4 b209e.php
Type	bill
Volume / chapter	38 4 b209e.php
Language	en
Format	html
Source	PROVINCIAL
Identifier	0d95ca2c231daf6dadf9f4eefeaba6922192275a

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