3rd Session, 42nd Parliament

(2022) FOR REPORT

The following electronic version is for informational purposes only.

The printed version remains the official version.

Certified correct as amended in Committee of the Whole on the 24th day of November, 2022

Seunghee Suzie Seo, Law Clerk

HONOURABLE ADRIAN DIX

MINISTER OF HEALTH

BILL 36 – 2022

HEALTH PROFESSIONS AND OCCUPATIONS ACT

Contents

Part 1 –

Interpretation and Guiding Principles

Division 1 –

Interpretation

General

definitions

If Administrative Tribunals Act applies

Application of powers and duties

Application if reference to health profession corporation

Application to former regulated health practitioners

Health professions and occupations

Types of standards

Sexual misconduct and sexual abuse

Discrimination

Definitions respecting misconduct and actionable conduct

Misconduct and actionable conduct

Risk under Criminal Records Review Act

Persons with interest in citation or discipline hearing

Division 2 – Guiding Principles

Guiding principles for persons acting under this Act

Anti-discrimination measures

Part 2 – Designation and Model of Regulation

Division 1 – Designation

Purposes of designation assessment

When designation assessment must or may be conducted

How to conduct designation assessment

Consultation

Obtaining additional information

Risk assessment

Matters to consider to assess risk

Report and recommendations

Decision respecting designation

Designation regulation for designated health profession

Designation regulation for designated health occupation

Designation regulations generally

Amending or repealing designation regulations

Division 2 – Effect of Designation

Unauthorized practice

Unauthorized use of titles

General exceptions

Exception if meeting eligibility standards

Exception for persons from other jurisdictions

False or misleading information

Unauthorized acts of corporations

Part 3 – Practice of Designated Health Professions

Division 1 – Authority to Practise

Definitions

Authority to practise designated health profession

Requirements for licence

Fit to practise

Division 2 – Making Licence or Permit Applications

Procedural matters

Making applications

Receiving applications

Administrative acceptance

Administrative refusal

Reconsideration

Information to licence or permit committee

Other matters

Division 3 – Licences

Definitions

General licensing bylaws

Extrajurisdictional applicants

Before making decision

Acceptance of application

Adverse application decision

Adverse application decision based on proceeding

Information in registry

Division 4 – Health Profession Corporation Permits

Definitions

Bylaws

Requirements for permit

Requirements respecting shares

Collaboration agreements

Before making decision

Acceptance of application

Adverse application decision

Notice of adverse application decision

No review or appeal

If permit issued

Division 5 – Duties of Licensees

Bylaws

General duty to comply

Duty to be fit to practise

Duty to practise ethically

Duty respecting misconduct

Duties respecting practice

Misrepresentation of drugs and devices

Duty if delegating activities

Duty to cooperate

Duty to give notice

Continuing duties

Duty to provide information

Duties if practising in facility

Duties if practising through corporation

Duty if practice in another jurisdiction

Duties if not practising or restricted

Division 6 – Duties to Report Licensees

Making reports under this Division

Duty to report if health facility admission

Duty to report if suspected significant risk to public

Duty to report sexual misconduct, sexual abuse and discrimination

Other persons have duty to report

After receiving regulatory report

Immunity for persons required to report

Division 7 – Prohibition Against Adverse Actions

Definitions

Adverse actions prohibited

Adverse actions against patients

Adverse actions against employees

Adverse actions against regulated health practitioners

Other types of adverse actions

Discipline and enforcement are not adverse actions

Division 8 – Quality Assurance Program

Bylaws

Purposes of quality assurance program

Conduct of quality assurance assessment

If individual performance matter identified

If general issue of professional performance identified

Protecting confidentiality

Failure to cooperate

Protecting the public

Notice of health hazard

Division 9 – Discipline for Administrative Matters

Bylaws

What are administrative matters

Assessment and action

Disposition

Information to respondents and review

Information to investigation committee

No further review or appeal

Division 10 – Discipline of Health Profession Corporations

Grounds for disciplinary action

If reason for disciplinary action suspected

Disposition

If revocation or penalty

Enforcement of Act

Division 11 – Complaints and Initiating Investigations

Bylaws

Regulatory complaints by registrar

Regulatory complaints by others

Gathering information and records

Summary actions by registrar

Information to investigation committee and board

Initiating investigation without regulatory complaint

Division 12 – Investigations of Fitness and Misconduct

Review of regulatory complaint

General directions to registrar

Control of investigation

If capacity in question

Duty to proceed in timely manner

Limits on investigation powers

General investigation powers

Competence assessments

Non-compliance with investigator's orders

Investigation committee's assessment

Matters affecting assessment

On completing assessment

Information to director of discipline

If new information

If proposal for disciplinary order

Division 13 – Capacity Evaluations

Initiating capacity evaluation

Assessments and reports

Failure to cooperate

Protecting the public

Capacity officer's assessment

On completing assessment

Continuing practice order

Revocation order

Reconsideration

Variation or termination of continuing practice order

Copies of orders and notices

If registrar is capacity officer

Division 14 –

Summary Action or Disposition During Investigation

Period for acting under this Division

Summary protection orders

Authority to dispose of regulatory complaint

If investigation is divided

Dismissal, suspension or termination

Restorative processes

Disposition with respondent's consent

Disposition without respondent's consent

Division 15 – Citations for Discipline Hearings

Interpretation

Receiving request for citation

Whether to issue citation

Former or absent licensees

Issuing citation

Notice to interested person

Effect of citation

Cancelling citation

If citation refused or cancelled

Division 16 – Discipline Hearings

Appointing discipline panels

Choosing discipline panel members

If member absent or appointment ends

No jurisdiction over constitutional matters

Recommendation to cancel citation

Legal representation

Public may attend

Control of proceedings

Recording proceedings

Respondent must cooperate

Failure to comply with orders

Admissibility of evidence generally

Admissibility of settlement information

Witnesses

Protection of persons in vulnerable circumstances

Considerations for protection order

General protection orders

Protection orders respecting attendance

Protection orders respecting cross-examination

Orders respecting sensitive records

Relevance of sensitive records

Division 17 – Orders After Discipline Hearings

If decision of competence or no misconduct

If decision of lack of competence or misconduct

Orders for investigation expenses

Corrections and clarifications

Application for review

Conduct of review

After review

Enforcement of disciplinary orders

Part 4 – Practice of Designated Health Occupations

Division 1 – Authority to Practise

Definitions

Authority to practise designated health occupation

Eligibility to practise

Director's discretion

Registration or authorization may be required

Rules

Procedural matters

Making applications

Receiving applications

Before making decision

If application accepted

Adverse application decision

Administrative refusal

Information in registry

Other matters

Division 2 – Duties of Regulated Health Service Providers

May set practice requirements

General duty to comply

Duty respecting actionable conduct

Duties respecting practice

Duty to cooperate

Duty to give notice

Continuing duties

Duty to provide information

Division 3 – Complaints

Rules

Regulatory complaints by health occupation director

Regulatory complaints by others

Gathering information and records

Summary actions

Division 4 – Investigations

General powers

Appointment of investigator

Duty to proceed in timely manner

Limits on investigation powers

Investigation powers

Division 5 – Decision After Investigation

What health occupation director must decide

Decision

Reconsideration

Part 5 – Investigations and Discipline Generally

Division 1 – Identity Protection

Definitions

Applications under this Division

Who may apply for identity protection order

Considerations for identity protection order

Notice before decision is made

Identity protection orders

Termination orders and reconsideration

Notice of final decision

Division 2 – Disclosure of Information

Protected information

Disclosure of protected information

Disclosure may be refused

Investigation information to complainants

Investigation information to respondents

Information for purposes of hearing

Information respecting citations and orders

Update of registry

If identity protection order made

Personal health information

Notice of health hazard

Notice to employers

Content of notice to employers

Public notice of certain matters

Publication of certain matters

Division 3 – Orders During Investigation Stage

Information and production orders

Summary dismissal orders

Summary protection orders

Making

summary protection orders

Reconsideration

Variation or termination of

summary protection order

Suspension and termination orders

Division 4 – Disciplinary and Other Orders

Definition

Factors that must be considered

Factors that may be considered

Additional factors if respondent is licensee

Restorative processes

Orders not affecting practice authority

Orders affecting practice authority

Monetary penalties and refunds

Orders for hearing costs

Orders for investigation expenses

Making order for penalty, costs, expenses or refund

Recovery of penalty, costs, expenses or refund

Division 5 – Support Programs

Definitions

Bylaws or rules

Administration

Application for support

After receiving application

Decision respecting support

Eligibility for information services

Eligibility for support services and workers

Decision is not a finding

Determinations respecting information services

Determinations respecting support services

Determinations respecting support workers

List of support workers

Notice of decision and determination

Receiving support services

Service providers

Eligibility of service providers

Information to support worker

Assistance support workers must give

Assistance support workers may give

Recommendations to persons with powers and duties

Application to change determination

When support must be changed, suspended or terminated

When support may be changed, suspended or terminated

Recovering funding

Amounts that can be recovered

Orders for recovery

Recovery from respondents

If order made for other amounts

Responsibility for funding support programs

Shared funding agreements

Part 6 – Health Professions Review Board

Definitions

Health Professions Review Board continued

Chair and members

Review powers

Making applications

Variations of application requirements

Serving applications

Identity protection

Conduct of review

Review does not operate as stay

Application of Administrative Tribunals Act to reviews

After licensing decision review

After complaint disposition review

After timeliness review

Giving copies of order

Recommendations to superintendent

Annual report

Other administrative matters

Part 7 – Public Health Emergencies

Division 1 – Emergency Orders Generally

Definitions

Application of

Part

Application of emergency orders

Duration of emergency orders

Notice and consultations

Division 2 – Administrative Orders

When administrative orders may be made

Suspending or extending periods

On making administrative order

Division 3 – Scope of Practice Orders

When scope of practice orders may be made

Scope of practice orders

Limits on authorizations, modifications and waivers

Taking regulated actions

Limits on acting as authorized person

Records and reports

On making scope of practice order

Minister retains discretion

Part 8 – Regulators

Division 1 – Regulatory Colleges

Definitions

Regulatory colleges

Corporate matters

Responsibilities of board

Recommendations of superintendent

Appointments to board

If board membership does not meet requirements

Board chair and vice chair

Oath of office

Remuneration and expenses

Bylaws respecting conflicts of interest

If board member has conflict of interest

If regulatory complaint against board member

Request to superintendent respecting conflict

Bylaws respecting appointments

Bylaws respecting general practice

Bylaws respecting meetings and committees

No interference or influence

Registrar and other persons

Deputy registrar and employees

Professional standards advisors

Advice of professional standards advisors

Officers

Division 2 – Health Occupation Directors

Responsibilities of health occupation director

Appointment of health occupation director

Application of bylaws if appointed by board

Deputy health occupation director

Investigators and others

General powers and duties

No interference or influence

Division 3 – Unauthorized Practice

Duty to monitor

References under this Division

Suspected contravention by unauthorized person

Investigation of unauthorized person

Information about investigation

Dismissal of matter

Disposition of matter

Division 4 – Hearings, Reconsiderations and Reviews

Interpretation

Bylaws and rules

Conduct of hearings

Application for reconsideration or review

Conduct of reconsideration or review

After reconsideration or review

Division 5 – Administration

How bylaws and rules may be made

General bylaw- and rule-making powers

Administrative powers

Notices and consultations

Collaboration between jurisdictions

Oversight of agreements

Disciplinary and capacity records

Information and records generally

Fees for regulatory colleges

Fees for regulatory programs

Application of Financial Administration Act

Keeping a registry

Publishing information kept in registry

Publishing information generally

Annual report

Statutory immunity for protected persons

Statutory immunity for regulatory colleges

Division 6 – Restructuring Assessments

Restructuring assessments

When restructuring assessment must or may be conducted

How to conduct restructuring assessment

Minister's decision

Division 7 – Transferring Governance Responsibilities

Definitions

Transfer of governance responsibilities

Transfer agreements

Transfer under transfer agreement

Records and confidential information

Power or duty in progress

Practitioners

Applicants

Health profession corporations

Directions respecting transfer

Division 8 – Establishing New Regulatory College

Establishing new regulatory college

Additional establishment powers

Division 9 – Amalgamating Regulatory Colleges

Definitions

Amalgamation orders

First board

Transition of board

First bylaws and transition of bylaws

Officers and committees

If regulatory program included

Additional restructuring powers

Effect of amalgamation generally

Property and obligations

Information and records

Power or duty in progress

Bylaws to authorize continued actions

Quality assurance assessments

Investigation and discipline

Practitioners

Applicants

Health profession corporations

Part 9 – Regulatory Oversight

Division 1 – Superintendent's Office

Establishment of superintendent's office

Members of superintendent's office

Employees

Deputy superintendent

Retention of experts

Collection of fees

Minister's directions

Administrative powers

Division 2 – Discipline Tribunal

Establishment of discipline tribunal

Director of discipline

Deputy director of discipline

Retention of experts

Practice and procedure

Process for appointing discipline panel members

Appointment of discipline panel members

Application of Administrative Tribunals Act

Information and records

Division 3 – Appointment of Board Members

Appointment processes

Consultations and assistance

Recommendations for appointments and rescindments

Division 4 – Types of Oversight Processes

Definitions

Performance standards

Types of oversight processes

When superintendent must act

When superintendent may act

Dismissal of oversight complaint

Transfer of oversight complaint

Division 5 – Conduct of Oversight Processes

Making oversight complaints

Notice of decision to dismiss

Notice to regulator

Notice to other persons

General powers

If Indigenous matters

Obtaining information and records

Oversight investigations and systemic reviews

Additional powers

Enforcement of orders

Remedial and other actions

Matters to consider

Preparing oversight report

Providing oversight report

Further information

Minister's orders

If order made

Failure to comply with certain orders

Division 6 – Inquiries and Public Administrators

Inquiries

After inquiry

Public administrators

Board members if public administrator appointed

Costs and expenses

Division 7 – Reports

Director of discipline's annual report

Superintendent's annual report

Making reports

Special reports and public comments

Receipt of annual report

Part 10 – Administration and Enforcement

Division 1 – Information

Compellability of information

Health human resources information

Discrimination monitoring information

If information collection order made

Disclosure of potential fraud or misbilling

Notices, orders and other records

Division 2 – Recovering Debts Due

Definitions

Who may make certificates

Making certificates

Filing certificates

Effect of certificates

Division 3 – Court Orders and Judicial Review

Definitions

Applications for orders

Hearings and orders

Injunction or compliance order

Order to compel information

Search and seizure order

Content of search and seizure order

Seizure of things not described in order

Detention of seized things

Detention of seized records

Warrantless search

Judicial review

Division 4 – Offences and Penalties

Offence Act application

Offences

Limitation date

Offence by corporation

Single and continuing offences

Penalties

Part 11 – Regulation-Making Powers

Division 1 – Regulations of Lieutenant Governor in Council

General regulation-making powers

Designations

Hearings

Disposition of regulatory complaints

Monetary penalties, costs and expenses

Support programs

General matters respecting regulators

Restructuring regulators

Superintendent's office

Fees and expenses

Applications to court

Information

Other matters

Classes, exemptions and discretion

Division 2 – Incorporation by Reference

Incorporation by reference authorized

Part 12 – Transitional Provisions, Repeal, Consequential Amendments and Amendment to This Act

Definition

Transition – advisory panels

Transition – applications for designation

Transition – board members

Transition – bylaws

Transition – certified non-registrants

Transition – applications for registration or health profession corporation permit

Transition – committees

Transition – investigations

Transition – disciplinary proceedings

Transition – Labour Mobility Act and nurse practitioners

Transitional regulations

Repeal – Health Professions Act

547-643

Consequential Amendments

Amendment to this Act

Commencement

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Part 1 –

Interpretation and Guiding Principles

Division 1 –

Interpretation

General

definitions

1 In this Act:

"accreditation standards" means accreditation standards as defined in

section 7 (2) [types of standards] ;

"actionable conduct" has the meaning given to it in

section 11 (1) [misconduct and actionable conduct] ;

"administrative matter" means a matter referred to in

section 107 [what are administrative matters] ;

"anti-discrimination measures" means measures taken, including implementing processes, for the purposes of conducting regulatory processes or providing health services in a manner that is consistent with one or more of the objectives referred to in

section 15 [anti-discrimination measures] ;

"aspect of practice" means an activity, other than a restricted activity, that

(

a) is part of providing a health service that is within the scope of practice of a designated health profession, and

(

b) requires professional knowledge, skills, ability and judgment;

"assessment" , in the context of an assessment by a regulated health practitioner of a patient or of a respondent undergoing a capacity evaluation, means to apply a clinical judgment for the purposes of evaluating the patient's or respondent's physical or mental condition to determine the following:

(

a) in the case of a patient, whether the condition can be improved or resolved by the provision of health services that the regulated health practitioner is authorized to provide;

(

b) in the case of a respondent, the matters referred to in

section 141 (1) (b) [assessments and reports] ;

"authorization" , in the context of a designated health occupation, means an authorization, in the form of a permit, letter or other type of written record, to practise the designated health occupation, issued or renewed by the health occupation director of the applicable regulatory program;

"board" means a board of a regulatory college;

"bylaw" means a bylaw of a regulatory college, made by the board;

"capacity" , except in

section 343 (3) [corporate matters] , means capacity to be fit to practise a designated health profession, as described in

section 39 (3) [fit to practise] ;

"capacity evaluation" means an evaluation of a respondent's capacity, conducted as part of an investigation and further to an order made under

section 140 [initiating capacity evaluation] ;

"capacity officer" means a person retained or employed under

section 363 [officers] to exercise the powers and perform the duties of a capacity officer;

"capacity record" has the meaning given to it in

section 390 [disciplinary and capacity records] ;

"capacity

summary" means the

summary described in

section 390 (2) (b);

"citation" means a citation for a discipline hearing, issued by the director of discipline;

"competence" means competence to be fit to practise a designated health profession, as described in

section 39 (2);

"competence assessment" means an assessment of a respondent's competence, conducted as part of an investigation and further to an order made under

section 132 [competence assessments] ;

"conflict of interest" includes actual, potential and perceived conflicts of interest;

"continuing practice order" means an order made under

section 146 [continuing practice order] ;

"continuing professional development" means an activity or program undertaken for the purpose of ensuring that professional knowledge, skills and abilities remain current;

"corporation" has the same meaning as in the Business Corporations Act ;

"credential" means a certificate or other record that is evidence of the holder's education, training, experience or other qualifications;

"criminal record check" has the same meaning as "criminal record check" or "criminal record check verification", as applicable in the context, in the Criminal Records Review Act ;

"criminal record check authorization" has the same meaning as in the Criminal Records Review Act ;

"designated health occupation" means a health occupation that is designated under

Part 2 [Designation and Model of Regulation] as a designated health occupation;

"designated health profession" means a health profession that is designated under

Part 2 as a designated health profession;

"designated profession or occupation" means a designated health profession or designated health occupation;

"designation assessment" means an assessment conducted under Division 1 [Designation] of

Part 2;

"designation regulation" means a regulation of the minister that designates a health profession or health occupation as a designated profession or occupation;

"diagnose" means to identify a disease, disorder or condition as the cause of the signs expressed or symptoms exhibited by an individual;

"director of discipline" means the person appointed under

section 444 [director of discipline] as the person responsible for the management of the discipline tribunal;

"disciplinary order" means the following:

(

a) an order that

(

i) is or may be made against a respondent for the purpose of disposing of an administrative matter, regulatory complaint or citation, and

(ii) is described in

section 268 [restorative processes] , 269 [orders not affecting practice authority] , 270 [orders affecting practice authority] or 271 [monetary penalties and refunds] ;

(

b) an order made against a respondent by a discipline panel in the course of a discipline hearing;

"disciplinary record" has the meaning given to it in

section 390;

"discipline hearing" means a hearing before a discipline panel of the discipline tribunal;

"discipline panel" means a discipline panel appointed under

section 169 [appointing discipline panels] to conduct a discipline hearing;

"discipline panel member" means a person appointed under

section 449 [appointment of discipline panel members] ;

"discipline tribunal" means the discipline tribunal established under

section 443 [establishment of discipline tribunal] ;

"disclose" includes all of the following:

(

a) to give, under this Act, information or a record to a person;

(

b) to publish information, a record or a registry;

(

c) to include information in a registry, if the information will be publicly accessible;

"discrimination" means discrimination as defined in

section 9 [discrimination] ;

"eligibility standards" means eligibility standards as defined in

section 7 (2);

"employee" means the following:

(

a) an employee, agent or volunteer;

(

b) a person acting under contract;

(

c) a person holding hospital privileges;

"ethics standards" means ethics standards as defined in

section 7 (2);

"extrajurisdictional practitioner" means a person who is or was authorized to practise a health profession or health occupation in a jurisdiction other than British Columbia;

"extrajurisdictional regulator" means a body that is responsible, under an enactment of a jurisdiction other than British Columbia, for governing the practice of a health profession or health occupation in that jurisdiction;

"family member" means a spouse, child, parent, sibling or a person within a prescribed class of persons;

"fit to practise" has the meaning given to it in

section 39;

"govern" , in relation to a designated profession or occupation, includes

(

a) to regulate the designated profession or occupation, and

(

b) to superintend the practice of the designated profession or occupation;

"governance activity" means an activity of a regulator with respect to the following:

(

a) the exercise of powers and performance of duties under this Act or another enactment;

(

b) without limiting paragraph (a),

(

i) the administration and operation of a regulatory college or regulatory program, or

(ii) the governing of a designated profession or occupation;

"health care facility" means a hospital, clinic, institution or other type of facility at or through which health services are provided;

"health occupation" has the meaning given to it in

section 6 (2) [health professions and occupations] ;

"health occupation director" means a person responsible under this Act for administering one or more regulatory programs;

"health profession" has the meaning given to it in

section 6 (1);

"health profession corporation" means a corporation that holds a health profession corporation permit;

"health profession corporation permit" means a permit issued or renewed in accordance with Divisions 2 [Making Licence or Permit Applications] and 4 [Health Profession Corporation Permits] , as applicable, of

Part 3;

"Health Professions Review Board" means the Health Professions Review Board continued under

section 308 [Health Professions Review Board continued] ;

"health service" means anything that is done to a patient for a therapeutic, preventive, palliative, assessment, diagnostic, cosmetic or other purpose related to health;

"hospital" has the same meaning as "hospital" or "private hospital" in the Hospital Act ;

"hospital privileges" means a permit to practise a designated health profession in a hospital;

"identity protection order" means an order made under

section 239 [identity protection orders] to partially or fully protect a person's identity;

"Indigenous governing body" has the same meaning as in the Declaration on the Rights of Indigenous Peoples Act ;

"Indigenous peoples" has the same meaning as in the Declaration on the Rights of Indigenous Peoples Act ;

"Indigenous practices" means the following:

(

a) Indigenous cultural practices, traditions, values and beliefs;

(

b) contemporary Indigenous practices that are based on, or originate in, traditional Indigenous practices;

(

c) a combination of traditional and contemporary Indigenous practices;

"information and production order" means an order described in

section 257 [information and production orders] ;

"investigation" means an investigation of the following, as applicable in the context:

(

a) whether a licensee is fit to practise or has committed

an act of misconduct;

(

b) whether a regulated health service provider has committed

an act of actionable conduct;

(

c) whether a person other than a regulated health practitioner has contravened this Act or the regulations, bylaws or rules;

"investigation committee" means the committee established by a regulatory college for the purposes of directing the regulatory college's investigation program;

"investigator" means a person retained or employed to exercise the powers and perform the duties of an investigator under

(

a) section 363, in the case of an investigation of a licensee, or

(

b) section 368 [investigators and others] , in the case of an investigation of a regulated health service provider;

"licence" means a licence issued or renewed in accordance with Divisions 2 and 3 [Licences] , as applicable, of

Part 3;

"licence committee" means the committee established by a regulatory college for the purposes of directing the regulatory college's licence program;

"licensee" means a person who holds a licence;

"medical health officer" has the same meaning as in the Public Health Act ;

"misconduct" has the meaning given to it in

section 11;

"patient" means a person to whom health services are provided;

"performance standards" means the performance standards referred to in

section 456 [performance standards] ;

"permit committee" means the committee established by a regulatory college for the purposes of directing the regulatory college's health profession corporation permit program;

"personal information" has the same meaning as in the Freedom of Information and Protection of Privacy Act ;

"practice authority" means the following:

(

a) in the case of a licensee, the licensee's licence;

(

b) in the case of a regulated health service provider,

(

i) the regulated health service provider's registration or authorization, or both, if required under a designation regulation, or

(ii) if registration or an authorization is not required, the regulated health service provider's authority, according to the requirements, limits and conditions set under a designation regulation, to practise a designated health occupation;

"practice directive" means a rule of practice or procedure made by the director of discipline for the purposes of conducting discipline hearings;

"practice standards" means practice standards as defined in

section 7 (2);

"provincial health officer" has the same meaning as in the Public Health Act ;

"quality assurance assessment" means an assessment of a licensee conducted for a purpose referred to in

section 98 (1) [purposes of quality assurance program] ;

"quality assurance assessor" means a person retained or employed under

section 363 to exercise the powers and perform the duties of a quality assurance assessor;

"quality assurance information" has the meaning given to it in

section 102 (1) [protecting confidentiality] ;

"quality assurance officer" means the following:

(

a) a quality assurance assessor;

(

b) another person within a class of persons who, under a bylaw, is authorized to obtain or disclose information with respect to a quality assurance program or a quality assurance assessment;

"registrar" means a person appointed under

section 359 (1) (a) [registrar and other persons] as the registrar of a regulatory college;

"registry" means a registry of regulated health practitioners who practise a designated profession or occupation

(

a) established or continued under

section 395 [keeping a registry] for a regulatory college, or

(

b) established as required under a designation regulation for a regulatory program;

"regulated health practitioner" means a person who is a licensee or regulated health service provider;

"regulated health service provider" means a person who is authorized in accordance with a designation regulation to practise a designated health occupation;

"regulator" means the following, as applicable in the context:

(

a) a regulatory college;

(

b) a health occupation director who is administering a regulatory program;

"regulatory college" has the meaning given to it in

section 342 [regulatory colleges] ;

"regulatory complaint" means an allegation

(

a) that a licensee is not fit to practise or has committed

an act of misconduct, made under

section 119 [regulatory complaints by registrar] or 120 [regulatory complaints by others] , or

(

b) that a regulated health service provider has committed

an act of actionable conduct, made under

section 222 [regulatory complaints by health occupation director] or 223 [regulatory complaints by others] ;

"regulatory performance" means the extent to which a regulator is conducting governance activities in accordance with the performance standards and best practices referred to in

section 456;

"regulatory process" means the following:

(

a) a process conducted for a regulator as part of governance activities, including, without limitation,

(

i) a process used to make a decision with respect to an application made under this Act, and

(ii) an investigation or disciplinary proceeding;

(

b) a process conducted by the minister, superintendent, director of discipline or a discipline panel in the performance of duties or the exercise of powers under this Act;

"regulatory program" means a program of regulation that applies under a designation regulation for the purposes of governing a designated health occupation;

"regulatory report" means a report made under Division 6 [Duties to Report Licensees] of

Part 3;

"relevant offence" means

an act that

(

a) is in the nature of sexual misconduct, sexual abuse or discrimination, or

(

b) includes violence, fraud, breach of trust or a prescribed type of conduct;

"representative of the public" , in relation to a regulator or a discipline panel, means a person

(

a) who, at the time of the person's appointment as a board member or discipline panel member,

(

i) did not exercise powers or perform duties for the regulator or the discipline tribunal, or

(ii) was not an employee of, and did not otherwise provide services to, the regulator or the discipline tribunal, and

(

b) who does not practise the designated profession or occupation that is governed by the regulator or that is the subject of the hearing before the discipline panel;

"respondent" means

(

a) a licensee who is the subject of an assessment under

section 108 [assessment and action] , or

(

b) a regulated health practitioner who is the subject of a regulatory complaint or an investigation began under

section 124 [initiating investigation without regulatory complaint] ;

"restricted activity" means an activity that

(

a) is performed in the course of providing a health service, and

(

b) is prescribed by the minister as a restricted activity;

"revocation order" means an order made under

section 147 [revocation order] ;

"risk assessment" means a risk assessment as described in

section 21 [risk assessment] ;

"risk under the Criminal Records Review Act " means risk under the Criminal Records Review Act as defined in

section 12 [risk under Criminal Records Review Act ] of this Act;

"rule" , except in sections 335 (2) [limits on authorizations, modifications and waivers] and 533 [incorporation by reference authorized] , means a rule for a regulatory program, made by a health occupation director;

"sexual abuse" has the meaning given to it in

section 8 (3) [sexual misconduct and sexual abuse] ;

"sexual misconduct" has the meaning given to it in

section 8 (1) and (2);

"spouse" means a person who

(

a) is married to another person, or

(

b) has lived with another person in a marriage-like relationship and has done so for a continuous period of at least 2 years;

"summary dismissal order" means an order described in

section 258 [summary dismissal orders] ;

"summary protection order" means an order described in

section 259 [summary protection orders] ;

"superintendent" means the person appointed under

section 436 (2) [members of superintendent's office] as the superintendent;

"superintendent's office" means the Office of the Superintendent of Health Profession and Occupation Oversight established under

section 435 (1) [establishment of superintendent's office] ;

"support program" means a support program as defined in

section 276 [definitions] ;

"suspension order" means an order described in

section 263 (1) [suspension and termination orders] ;

"termination order" means an order described in

section 263 (2);

"title" includes

(

a) an abbreviation of a title, and

(

b) an equivalent, in another language, of a title or an abbreviation of a title;

"vary" includes all of the following:

(

a) to vary the limits or conditions imposed on, or to change the class of, a licence, registration or authorization;

(

b) to vary the limits or conditions imposed on a health profession corporation permit;

(

c) to vary the limits or conditions imposed under an order.

If Administrative Tribunals Act applies

Part 1 [Interpretation and Application] of the Administrative Tribunals Act applies for the purposes of a provision of this Act that incorporates by reference a provision of that Act.

Application of powers and duties

(1) Subject to subsection (2), the exercise of powers and performance of duties under this Act are limited as follows:

(

a) a regulator may conduct governance activities only with respect to the designated profession or occupation that the regulator is authorized, under a designation regulation, to govern;

(

b) a person may exercise powers and perform duties under this Act only for the regulator for which the person was appointed, retained or employed.

(2) Subsection (1) does not apply to the extent

(

a) that this Act or a regulation provides otherwise, or

(

b) that is necessary to give effect to an agreement.

Application if reference to health profession corporation

(1) This

section applies for the purposes of any provision of this Act, the regulations or the bylaws that applies to a health profession corporation, a health profession corporation permit or an application for a health profession corporation permit.

(2) A provision referred to in subsection (1) applies to a designated health profession, a regulatory college or a licensee only if a designation regulation as described in

section 25 (3) (b) [designation regulation for designated health profession] is made with respect to

(

a) the designated health profession, or

(

b) the designated health profession governed by the regulatory college or practised by the licensee.

Application to former regulated health practitioners

5 All powers that may be exercised under this Act against a regulated health practitioner may be exercised against any of the following:

(

a) a former regulated health practitioner;

(

b) a person whose practice of a health profession was governed under any of the following enactments:

(

i) the Chiropractors Act , R.S.B.C. 1996, c. 48;

(ii) the Dentists Act , R.S.B.C. 1996, c. 94;

(iii) the Health Professions Act , R.S.B.C. 1996, c. 183;

(iv) the Medical Practitioners Act , R.S.B.C. 1996, c. 285;

(

v) the Nurses (Registered) Act , R.S.B.C. 1996, c. 335;

(vi) the Optometrists Act , R.S.B.C. 1996, c. 342;

(vii) the Pharmacists, Pharmacy Operations and Drug Scheduling Act , R.S.B.C. 1996, c. 363;

(viii) the Podiatrists Act , R.S.B.C. 1996, c. 366.

Health professions and occupations

(1) For the purposes of this Act, a health profession has the following characteristics:

(

a) persons who practise the health profession

(

i) have sufficient education, training, experience and other qualifications to have a professional level of knowledge, skills, ability and judgment,

(ii) are personally responsible for determining the appropriate course of care for patients, and

(iii) provide health services that may present a risk of harm to the public;

(

b) regulation of the practice of the profession is necessary

(

i) to protect the public from harm, or

(ii) to protect or promote the public interest.

(2) For the purposes of this Act, a health occupation has the following characteristics:

(

a) persons who practise the health occupation

(

i) do not determine the appropriate course of care for patients, and

(ii) provide health services that, in comparison to the types of health services that licensees are authorized to provide, present a lower risk of harm to the public;

(

b) at least one of the following applies to persons who practise the health occupation:

(

i) the persons have sufficient education, training, experience and other qualifications to have the level of knowledge, skills and ability necessary to protect the public from harm in providing health services;

(ii) the persons are supervised or directed by licensees in providing health services;

(

c) regulation of the practice of the occupation is necessary or advisable

(

i) to protect the public from harm, or

(ii) to protect or promote the public interest.

Types of standards

(1) In this section, "standards" means a set of prohibitions, requirements, limits and conditions that are authorized under this Act to be established or adopted by the minister, a board or a health occupation director.

(2) In this Act:

"accreditation standards" means standards respecting the following:

(

a) eligibility for a facility to be, or to continue to be, accredited as an accredited facility for the purposes of this Act;

(

b) the ownership of accredited facilities;

(

c) the administration and operation of accredited facilities, including with respect to staff, equipment, records, monitoring, reporting and other matters;

"eligibility standards" means standards respecting eligibility for the following, as applicable:

(

a) to hold, vary, renew or have reinstated a licence, health profession corporation permit or authorization;

(

b) to be registered as a regulated health service provider, or to vary, renew or reinstate registration;

(

c) to be a member of a class of regulated health practitioners;

(

d) to practise a designated health occupation, if neither paragraph (

a) nor (

b) applies to the designated health occupation;

"ethics standards" means standards respecting the practice of a designated health profession in a manner that is ethical;

"practice standards" means standards respecting the practice of a designated profession or occupation.

Sexual misconduct and sexual abuse

(1) Subject to subsections (2) and (3), a regulated health practitioner commits

an act of sexual misconduct if the regulated health practitioner does any of the following with respect to a patient or a person within a prescribed class of persons:

(

a) engages with the patient or person in sexual intercourse or another physical act of a sexual nature;

(

b) touches the patient or person, directly or indirectly, if the touching is of a sexual nature;

(

c) attempts

an act described in paragraph (

a) or (b);

(

d) engages in

an act of a sexual nature in the patient's or person's presence;

(

e) manipulates or exploits the patient or person for sexual purposes, including offering or accepting services in exchange for acts of a sexual nature, whether or not the services are health services;

(

f) harasses the patient or person, if the harassment is of a sexual nature;

(

g) engages in communication of a sexual nature with the patient or person, including requesting communication or sharing media containing sexual content;

(

h) builds a relationship of trust or emotional connection with the patient or person and uses or attempts to use that relationship to abuse, manipulate or exploit the patient or person for sexual purposes;

(

i) engages in any other activity of a sexual nature with or in relation to the patient or person, whether or not the activity occurs within the health service environment or in the course of providing health services.

(2) Subject to subsection (3),

an act referred to in subsection (1) (a), (b), (c), (d), (

g) or (

i) is not sexual misconduct for the purposes of this Act if the patient or person is the regulated health practitioner's spouse and that spouse consents to the act.

(3) A regulated health practitioner commits

an act of sexual abuse if the regulated health practitioner engages in

an act referred to in

(a) subsection (1) (a), (b) , or (

c) or (

d) without the patient's or person's consent, whether or not that patient or person is the regulated health practitioner's spouse , or .

(b) subsection (1) (

e) or (h).

Discrimination

(1) In this Act, "discrimination" means, subject to subsection (2), conduct that is prohibited under the Human Rights Code and that is undertaken in relation to one or more of the following:

(

a) the functions under this Act of the superintendent's office or the Health Professions Review Board;

(

b) the conduct of governance activities, including the employment of persons on behalf of a regulator;

(

c) the practice of a designated profession or occupation by a regulated health practitioner, including with respect to

(

i) the provision of health services or services related to the provision of health services,

(ii) the employment of persons in relation to the practice of the designated profession or occupation, and

(iii) the housing of persons in community care facilities or assisted living residences within the meaning of the Community Care and Assisted Living Act , or other types of facilities where health services are provided;

(

d) interactions between a regulated health practitioner and any of the following, conducted in the course of practising a designated profession or occupation or in the carrying out of business, professional or other activities related to the practice of a designated profession or occupation:

(

i) patients;

(ii) persons who exercise powers or perform duties for a regulator;

(iii) persons within a prescribed class of persons;

(

e) the use of the regulated health practitioner's status as a regulated health practitioner in relation to an activity prohibited under

section 7 [discriminatory publication] of the Human Rights Code .

(2) Conduct is not discrimination if the conduct is undertaken for a prescribed purpose, in prescribed circumstances or in accordance with a prescribed process.

Definitions respecting misconduct and actionable conduct

10 In

section 11 [misconduct and actionable conduct] :

"emotional abuse" includes verbal harassment, yelling or any other act, or lack of action, that may diminish a person's sense of dignity;

"financial abuse" includes misusing a person's funds or assets or obtaining a person's property or funds without the person's knowledge and full consent;

"neglect" includes failing to meet a person's needs with respect to health services and, if applicable, food, shelter, care or supervision;

"physical abuse" includes the use of physical force or confinement that is excessive for, or is inappropriate to, a person's situation.

Misconduct and actionable conduct

(1) Subject to subsection (3), a licensee commits

an act of misconduct or a regulated health service provider commits

an act of actionable conduct if the regulated health practitioner does any of the following:

(

a) fails to comply with an order or contravenes a provision of

(

i) this Act, the regulations, a bylaw or a rule, or

(ii) an enactment that is prescribed or identified in a bylaw or rule for the purposes of this section;

(

b) commits

an act of sexual abuse or sexual misconduct;

(

i) sexual abuse, or

(ii) sexual misconduct against a patient or a person within a prescribed class of persons;

(

c) commits

an act of discrimination;

(

d) commits

an act of neglect of a patient or

an act of physical abuse, emotional abuse or financial abuse of a patient or a person within a prescribed class of persons, in

(

i) the practice of a designated profession or occupation, or

(ii) the carrying out of business, professional or other activities related to the practice of a designated profession or occupation;

(

e) engages in conduct that causes the regulated health practitioner to be

(

i) determined to be a risk under the Criminal Records Review Act , or

(ii) convicted of a relevant offence;

(

f) engages in conduct that causes the regulated health practitioner to be subjected to the imposition of a limit or condition on, or a suspension or revocation of,

(

i) the person's practice authority, or

(ii) the person's authority, in any jurisdiction, to practise a health profession or health occupation, if the conduct is in the nature of misconduct or actionable conduct;

(

g) engages in a prescribed type of conduct.

(2) Without limiting subsection (1) and subject to subsection (3), a licensee commits

an act of misconduct if the licensee engages in conduct that

(

a) may bring the practice of a designated health profession into disrepute, or

(

b) is conduct unbecoming a licensee.

(3) A licensee does not commit

an act of misconduct solely because the licensee lacks capacity or is subject to a continuing practice order or a revocation order.

Risk under Criminal Records Review Act

(1) In this Act, "risk under the Criminal Records Review Act " means, in relation to a person, that

(

a) the deputy registrar under the Criminal Records Review Act has determined that the person presents a risk of

(

i) physical or sexual abuse to children, or

(ii) physical, sexual or financial abuse to vulnerable adults, and

(

b) the determination described in paragraph (

a) has not been overturned by the registrar under that Act.

(2) For the purposes of subsection (1), a word or phrase used in that subsection has the same meaning as in the Criminal Records Review Act .

Persons with interest in citation or discipline hearing

13 For the purposes of this Act, a person has an interest in a citation or a discipline hearing if the person is one of the following:

(

a) the respondent;

(

b) the regulatory college that is responsible for governing the designated health profession practised by the respondent;

(

c) the complainant whose regulatory complaint is the subject of the citation or hearing;

(

d) a person confirmed by the director of discipline, in writing and on recommendation of the discipline panel, to have an interest.

Division 2 – Guiding Principles

Guiding principles for persons acting under this Act

(1) This

section does not apply to regulated health practitioners with respect to duties referred to in Division 5 [Duties of Licensees] of

Part 3 or Division 2 [Duties of Regulated Health Service Providers] of

Part 4.

(2) In exercising powers and performing duties under this Act, a person must act in accordance with the following principles:

(

a) to protect the public from harm and discrimination;

(

b) to support and promote awareness of all of the following, as they relate to the oversight and review of regulators, the governance of designated professions and occupations and the provision of health services:

(

i) reconciliation with Indigenous peoples;

(ii) the United Nations Declaration on the Rights of Indigenous Peoples;

(iii) the need to address racism and anti-racism issues that are specific to Indigenous peoples, including acknowledging the rights, interests, priorities and concerns that are specific to First Nations peoples, Métis peoples and Inuit peoples, based on distinctions among them;

(

c) without limiting paragraphs (

a) and (b), to take and promote anti-discrimination measures;

(

d) to act in a fair manner, including by demonstrating respect for the principles of procedural fairness;

(

e) to act in a manner that is respectful of the privacy of persons who participate in regulatory processes.

(3) Unless it would conflict with a principle under subsection (2), in exercising powers and performing duties under this Act, a person must act in accordance with the following principles:

(

a) to promote a holistic health care system that encourages collaboration between regulators and between persons who provide different types of health services;

(

b) to identify and remove barriers to the practice of a designated profession or occupation, in British Columbia, by extrajurisdictional practitioners;

(

c) to act in a manner that is transparent, including by providing opportunities for meaningful public engagement.

(4) If, in applying the principles under this section, a conflict arises or a balance must be struck between the interests of the public or an individual and the interests of a regulated health practitioner, the conflict must be resolved or the balance must be weighted, to the extent reasonable in the circumstances, in favour of the public or the individual.

Anti-discrimination measures

(1) The objectives of anti-discrimination measures in conducting regulatory processes and providing health services include both of the following:

(

a) to foster physically, culturally, socially, emotionally and spiritually safe practices;

(

b) to adopt anti-racism approaches and tools to support these approaches.

(2) Without limiting subsection (1), the objectives of anti-discrimination measures in conducting regulatory processes include all of the following:

(

a) to treat regulatory participants respectfully;

(

b) to foster meaningful communication between regulators and persons who participate in those processes, including by promoting respectful, open and effective dialogue that encourages participation;

(

c) to engage regularly in processes to identify discriminatory practices, policies, programs, structures, values and attitudes that perpetuate discrimination or create conditions in which discrimination may occur;

(

d) to meet prescribed objectives.

(3) Without limiting subsection (1), the objectives of anti-discrimination measures in providing health services include all of the following:

(

a) to treat patients respectfully;

(

b) to foster meaningful communication between patients and regulated health practitioners, including by promoting respectful, open and effective dialogue that encourages patients to participate in the decisions that affect them;

(

c) to meet prescribed objectives.

Part 2 – Designation and Model of Regulation

Division 1 – Designation

Purposes of designation assessment

16 The superintendent may conduct a designation assessment for the purposes of assisting the minister

(

a) in determining whether to designate a health profession or a health occupation as a designated profession or occupation, or

(

b) as part of a restructuring assessment under Division 6 [Restructuring Assessments] of

Part 8.

When designation assessment must or may be conducted

(1) The superintendent must conduct a designation assessment if required by the minister.

(2) The superintendent may conduct a designation assessment on the superintendent's own initiative if the superintendent is of the opinion that to do so would be in the public interest.

(3) The superintendent must give written notice to the minister as soon as reasonably practicable after forming the opinion referred to in subsection (2).

How to conduct designation assessment

(1) The superintendent must conduct a designation assessment in accordance with this Division, the regulations and the directions, if any, of the minister.

(2) The minister may give directions respecting a designation assessment as follows:

(

a) respecting the scope and conduct of the assessment;

(

b) respecting the dates by which one or more steps must be completed;

(

c) respecting interim reports to the minister;

(

d) respecting information that must be made publicly available in the course of conducting the assessment;

(

e) respecting any other matter that, in the opinion of the minister, is necessary for the minister to make a decision with respect to the matters that are the subject of the assessment.

(3) On beginning a designation assessment, the superintendent must publish a notice respecting

(

a) the matters that are the subject of the assessment, and

(

b) the manner in which persons may make submissions or otherwise participate.

Consultation

(1) In this section, "similar types of health services" means types of health services that, in the opinion of the superintendent, are substantially the same as, or similar to, the types of health services provided by persons who practise the health profession or health occupation that is the subject of a designation assessment.

(2) As part of a designation assessment, the superintendent must consult with all of the following:

(

a) persons who practise the health profession or health occupation that is the subject of the assessment;

(

b) regulators that are responsible for governing regulated health practitioners who, in practising a designated profession or occupation, provide similar types of health services;

(

c) regulated health practitioners who provide similar types of health services;

(

d) Indigenous persons who provide similar types of health services in accordance with Indigenous practices;

(

e) persons who regularly employ persons who provide similar types of health services;

(

f) post-secondary institutions in British Columbia that provide education and training programs with respect to the practice of the health profession or health occupation that is the subject of the assessment;

(

g) the public.

Obtaining additional information

(1) As part of a designation assessment, the superintendent may obtain information from any source and, for this purpose, may do one or more of the following:

(

a) seek expert advice;

(

b) conduct research, including through interviews and surveys;

(

c) order persons who practise the health profession or health occupation that is the subject of the assessment to answer questions and produce records in their possession or control;

(

d) hold hearings and, for this purpose, order persons to attend a hearing, in person or by electronic means, to give evidence and to produce records in their possession or control;

(

e) set requirements, limits and conditions respecting consultations, submissions, the provision of information and records and the conduct of and participation in hearings;

(

f) do other things that are authorized under the regulations or that are necessary to comply with a direction of the minister.

(2) Hearings must be public unless the superintendent is of the opinion that, to protect the privacy of an individual or for any other reason, all or part of a hearing should be held privately.

(3) On application by the superintendent to the Supreme Court, a person who fails to comply with an order under subsection (1) (

c) or (

d) is liable to be committed for contempt as if in breach of an order or judgment of the Supreme Court.

Risk assessment

(1) As part of a designation assessment, the superintendent must conduct a risk assessment.

(2) For the purposes of risk assessments, the superintendent must

(

a) develop policies and procedures with respect to both of the following:

(

i) how the risk of harm to the public from the practice of a health profession or occupation will be defined, identified and assessed;

(ii) how information obtained under this Division will be weighted and used, and

(

b) ensure that the policies and procedures are evidence-based, conform to the regulations and are reviewed and updated regularly.

(3) The superintendent must publish a

summary of the policies and procedures.

Matters to consider to assess risk

22 To assess risk when conducting a risk assessment, the superintendent must consider at least the following matters with respect to the practice of the health profession or health occupation that is the subject of the designation assessment:

(

a) the types of health services provided by persons who practise the health profession or health occupation;

(

b) the setting in which health services are ordinarily provided, including

(

i) the physical environment, and

(ii) the nature and level of supervision or direction, if any, given by persons who practise the same or other health professions or health occupations;

(

c) the extent to which practitioners are personally responsible for

(

i) determining the appropriate course of care for patients, and

(ii) requesting or directing the provision of health services to patients by other persons;

(

d) the knowledge, skills, ability and judgment required to practise the health profession or health occupation in a manner that protects the public from harm;

(

e) the guidelines or codes, if any, that apply to the health profession or health occupation in relation to ethics and practice;

(

f) taking into consideration the matters referred to in paragraphs (

a) to (d), the likelihood and nature of any direct or indirect harm that may occur if health services are provided

(

i) in the usual course of health service delivery and, if applicable, according to the guidelines and codes referred to in paragraph (e), or

(ii) by a person who does not have the knowledge, skills, ability and judgment referred to in paragraph (

d) or, if applicable, does not comply with the guidelines or codes referred to in paragraph (e);

(

g) the availability and quality of education and training programs in British Columbia or another jurisdiction with respect to the practice of the health profession or health occupation;

(

h) any prescribed matter and any other matter that the minister directs.

Report and recommendations

(1) On completing a designation assessment, the superintendent must make a report to the minister respecting

(

a) the conduct of the assessment, and

(

b) the superintendent's recommendations, and the reasons for the recommendations, as to whether the health profession or health occupation that was the subject of the assessment should be a designated profession or occupation.

(2) If the superintendent recommends designation, the superintendent must include recommendations with respect to at least the following:

(

a) matters that must or may be addressed in a designation regulation;

(

b) any prescribed matter and any other matter that the minister directs.

(3) After receiving the superintendent's report, the minister may require the superintendent to provide or consider additional information or records, reconsider a matter or give further recommendations.

(4) After the minister makes a decision under

section 24 [decision respecting designation] , the superintendent

(

a) must publish the superintendent's report and any additional information or records that the minister requires to be published, and

(

b) may publish any related information or records that, in the opinion of the superintendent, are of interest to the public.

Decision respecting designation

(1) The minister must decide if the minister is satisfied that the unregulated practice of a health profession or health occupation presents an unreasonable risk of harm to the public and, if so, whether to designate

(

a) the health profession as a designated health profession and, if so, which regulatory college should be the regulator, or

(

b) the health occupation as a designated health occupation and, if so, which types of regulations are appropriate for the purposes of the regulatory program that will apply.

(2) To make a decision under this section, the minister must consider the superintendent's report and all of the following factors:

(

a) the risk of harm to the public;

(

b) prescribed factors;

(

c) other factors that, in the opinion of the minister, are relevant to protecting or promoting the public interest.

(3) For the purposes of subsection (1) (b), the minister must

(

a) consider the types of regulations that the minister may make, as authorized under

(

i) Part 4 [Practice of Designated Health Occupations] , or

(ii) regulations made by the Lieutenant Governor in Council,

(

b) decide which types of regulations are necessary or desirable to prevent, detect and respond to actual and potential harm to the public, and

(

c) impose, by regulation, prohibitions, requirements, limits and conditions that are proportionate to the risk of harm.

Designation regulation for designated health profession

(1) The minister may, by regulation, designate a health profession as a designated health profession.

(2) A designation regulation made under this

section must include regulations respecting all of the following:

(

a) the name of the regulatory college that is responsible for governing the designated health profession;

(

b) the titles that licensees practising the designated health profession may use exclusively;

(

c) the types of health services that constitute the scope of practice of the designated health profession.

(3) A designation regulation made under this

section may include regulations as follows:

(

a) requiring or authorizing a board of a regulatory college to make bylaws respecting diagnostic, surgical, treatment or other prescribed types of facilities in which one or more designated health professions are practised, including bylaws

(

i) establishing or adopting accreditation standards, and

(ii) providing for the inspection of facilities to determine if facilities meet, and continue to meet, accreditation standards;

(

b) prohibiting corporations from carrying on the business of providing health services to the public unless the corporation holds a health profession corporation permit, if the health services are provided by licensees who practise the designated health profession;

(

c) if paragraph (

b) applies, prescribing words or phrases that must be included in the name of the health profession corporation;

(

d) setting prohibitions, requirements, limits and conditions for the purposes of ensuring that bylaws made under

section 50 [extrajurisdictional applicants] conform to an agreement made between British Columbia and another jurisdiction;

(

e) identifying aspects of practice to which

section 29 [unauthorized practice] applies.

Designation regulation for designated health occupation

(1) The minister may, by regulation, designate a health occupation as a designated health occupation.

(2) A designation regulation made under this

section must include regulations respecting all of the following:

(

a) the regulatory program that applies for the purposes of governing the designated health occupation, including

(

i) the name of the regulatory program,

(ii) the manner in which the health occupation director of the regulatory program is to be appointed, and

(iii) the types of regulations that make up the regulatory program, as decided under

section 24 (3) [decision respecting designation] ;

(

b) the types of health services that constitute the scope of practice of the designated health occupation.

(3) A designation regulation made under this

section may include regulations as follows:

(

a) respecting the titles that regulated health service providers practising the designated health occupation may use exclusively;

(

b) respecting the supervision or direction of regulated health service providers by licensees.

Designation regulations generally

(1) Subject to any regulation of the Lieutenant Governor in Council, the minister may, in a designation regulation or in a regulation described in subsection (2), make regulations as follows:

(

a) establishing classes of regulated health practitioners and making different regulations for different classes;

(

b) without limiting paragraph (

a) or the authority under

section 384 [how bylaws and rules may be made] , authorizing a board or health occupation director to make bylaws or rules establishing restricted or provisional classes of regulated health practitioners;

(

c) requiring or authorizing a board or health occupation director to make bylaws or rules with respect to additional matters;

(

d) respecting prohibitions, requirements, limits and conditions on regulated health practitioners in the practice of a designated profession or occupation, including with respect to the provision of health services;

(

e) conferring a discretion on a board or health occupation director to make bylaws or rules to impose prohibitions, requirements, limits or conditions on the authority of regulated health practitioners to provide health services;

(

f) respecting the types of restricted activities that may be performed by regulated health practitioners in the course of providing health services;

(

g) respecting the delegation of the performance of aspects of practice and restricted activities;

(

h) providing for exemptions on the performance of aspects of practice or restricted activities by persons who are not regulated health practitioners;

(

i) requiring regulators to enter into shared funding agreements within the meaning of

section 276 [definitions] .

(2) For the purposes of any matter referred to in subsection (1), the minister may, instead of including the matter in a designation regulation, include the matter in a regulation that applies to multiple designated professions or occupations or multiple regulators.

Amending or repealing designation regulations

28 Before amending or repealing a designation regulation or a regulation made under

section 27 (2) [designation regulations generally] , the minister must carry out consultations that, in the opinion of the minister, are sufficient to permit meaningful participation by the persons referred to in

section 19 (2) [consultation] .

Division 2 – Effect of Designation

Unauthorized practice

29 Except as authorized under this Act, a person must not do any of the following:

(

a) perform an aspect of practice that is identified for the purposes of this

section in a regulation of the minister;

(

b) perform a restricted activity;

(

c) recover a fee, benefit or other type of compensation for performing an aspect of practice or a restricted activity in contravention of paragraph (

a) or (b);

(

d) employ a person, or enter into a business or other type of relationship with a person, to perform an aspect of practice or a restricted activity in contravention of paragraph (

a) or (b).

Unauthorized use of titles

(1) If, under one or more designation regulations, a title may be used exclusively by one or more classes of regulated health practitioners, a person must not use the title in association with the person's work unless

(

a) the person is within at least one of the classes and the person's practice authority is not suspended, or

(

b) an exception applies to the person, made under the regulation or

section 32 [exception if meeting eligibility standards] or 33 [exception for persons from other jurisdictions] .

(2) For the purposes of subsection (1), a person uses a title in association with the person's work if the person uses the title

(

a) to describe the person's work,

(

b) in association with or as part of another title describing the person's work, or

(

c) in association with a description of the person's work.

General exceptions

31 Despite

section 29 [unauthorized practice] , nothing in this Act or a regulation, bylaw, rule or order prohibits a person from doing any of the following:

(

a) practising a profession, occupation or discipline in accordance with an enactment;

(

b) giving first aid or temporary assistance to another person in case of emergency, if the aid or assistance is given without gain or reward or the hope of gain or reward;

(

c) performing an aspect of practice referred to in

section 29 (a) [unauthorized practice] or a restricted activity in accordance with

(

i) an exemption made under a regulation of the minister, or

(ii) a delegation made by a licensee, unless the person knows, or reasonably ought to know, that the delegation contravenes

section 74 [duty if delegating activities] or a bylaw made under that section.

Exception if meeting eligibility standards

32 A person may do an activity described in

section 29 [unauthorized practice] or use a title that may be used exclusively by a class of regulated health practitioners if

(

a) the person is in the process of meeting the requirements and conditions, set under an applicable eligibility standard, to be within the class,

(

b) the person

(

i) is under the supervision or direction of a licensee within a class of licensees described under the bylaws made for the regulatory college responsible for governing the designated health profession, or

(ii) is authorized to practise a designated health occupation by a health occupation director on whom discretion is conferred as described under

section 201 (1) (c) [director's discretion] , and

(

c) the person complies with all limits and conditions under a bylaw or rule made for the purposes of this section.

Exception for persons from other jurisdictions

Section 30 [unauthorized use of titles] does not apply to an extrajurisdictional practitioner who

(

a) is authorized by an extrajurisdictional regulator to use the title,

(

b) uses the title only to indicate that the extrajurisdictional practitioner is authorized to practise a health profession or health occupation in another jurisdiction, and

(

c) does not use the title in a manner that may reasonably mislead a person to believe that the person is authorized to practise a designated profession or occupation in British Columbia.

False or misleading information

(1) A person must not provide false or misleading information to the public with respect to whether the person

(

a) is a regulated health practitioner, or

(

b) is governed by or otherwise associated with a regulator.

(2) Without limiting subsection (1), a person must not provide false or misleading information to the public with respect to the person's authority to do any of the following:

(

a) practise a designated profession or occupation;

(

b) perform an aspect of practice or a restricted activity;

(

c) provide a health service, or perform an aspect of practice or a restricted activity, that may be provided or performed only by or under the supervision or direction of a regulated health practitioner;

(

d) use a title that may be used exclusively by one or more classes of regulated health practitioners.

(3) A person who is not authorized under this Act to do a thing referred to in subsection (2) (a), (

b) or (

c) must not offer, including through advertising or other forms of marketing, to do the thing.

Unauthorized acts of corporations

(1) If a designation regulation as described in

section 25 (3) (b) [designation regulation for designated health profession] is made with respect to a designated health profession, a corporation must not do either of the following unless it holds a health profession corporation permit:

(

a) carry on the business of providing health services to the public, if those health services are provided by licensees who practise the designated health profession;

(

b) carry on any business, if the corporation has as part of its name a word or phrase prescribed under

section 25 (3) (c).

(2) An act of a corporation, including a transfer of property to or by the corporation, is not invalid merely because the corporation contravenes subsection (1) (b).

Part 3 – Practice of Designated Health Professions

Division 1 – Authority to Practise

Definitions

36 In Divisions 1 to 4 of this Part:

"adverse application decision" , with respect to an application, means a decision to do one of the following:

(

a) refuse to issue, vary, renew or reinstate a licence or health profession corporation permit;

(

b) impose or vary limits or conditions on a licence or health profession corporation permit, other than as requested under the application;

(

c) issue a provisional licence, unless a provisional licence is requested under the application;

"applicable eligibility standards" means the eligibility standards that apply to the class of licence that an applicant has applied for;

"applicant" means a person who makes an application;

"application" means a licence application or permit application;

"licence application" means an application to issue, vary, renew or reinstate a licence;

"permit application" means an application to issue, vary, renew or reinstate a health profession corporation permit.

Authority to practise designated health profession

(1) A person must not practise a designated health profession unless the person holds a licence issued by the regulatory college that is responsible for governing the designated health profession.

(2) A licensee must not practise a designated health profession if the licensee's licence is suspended.

Requirements for licence

38 A person is not eligible to be issued a licence, or to have a licence varied, renewed or reinstated, unless the person

(

a) is fit to practise, having regard to the person's

(

i) education, training, experience and other qualifications, and

(ii) competence, capacity and other relevant factors, and

(

b) will practise the designated health profession in an ethical manner, having regard to the person's entire disciplinary record, character, past conduct and other relevant factors.

Fit to practise

(1) A person is fit to practise a designated health profession if the person has the competence and capacity to practise the designated health profession.

(2) A person has the competence to practise a designated health profession if the person has the knowledge, skills, ability and judgment necessary to practise the designated health profession ethically, safely and in accordance with all applicable ethics standards and practice standards.

(3) A person has the capacity to practise a designated health profession if the person's competence to practise the designated health profession is not unduly impaired by a health condition.

Division 2 – Making Licence or Permit Applications

Procedural matters

40 A registrar must publish all of the following:

(

a) the policies and procedures that apply to determinations of whether applicants meet eligibility standards;

(

b) the typical application processing periods and any known factors likely to delay processing.

Making applications

(1) A person may make an application by submitting the application to the registrar in accordance with all applicable orders made under

section 386 [administrative powers] .

(2) An application must include the following:

(

a) the information, records and fees required under the bylaws;

(

b) the applicant's criminal record check authorization, in the case of a licence application.

Receiving applications

(1) After receiving an application, a registrar must do both of the following unless

section 44 [administrative refusal] applies:

(

a) obtain the applicant's disciplinary record, capacity

summary and record of past applications, if any;

(

b) assess the application in accordance with the bylaws.

(2) A registrar may, by order, require an applicant to do one or more of the following:

(

a) comply with an order made under

section 386 [administrative powers] ;

(

b) provide additional information or records, including

(

i) personal information or other types of confidential information, and

(ii) proof, in a form satisfactory to the registrar, of a matter referred to in the application;

(

c) comply with the order on or before a specified date.

Administrative acceptance

(1) A registrar may act under this

section if authorized under the bylaws.

(2) A registrar must not act under this

section if

(

a) section 44 [administrative refusal] applies, or

(

b) the registrar has reasonable grounds to believe that an applicant may not meet the requirements of

section 38 [requirements for licence] .

(3) A registrar may issue, with or without limits or conditions, a licence or health profession corporation permit to an applicant who meets the applicable eligibility standards and the conditions, if any, set under the bylaws.

(4) Subject to subsection (5), a registrar may vary, renew or reinstate a licence or health profession corporation permit as requested in the application if all of the following conditions are met:

(

a) the applicant meets all applicable eligibility standards;

(

b) the applicant is not the subject of a current investigation or disciplinary proceeding;

(

c) in the case of an applicant who is a licensee and is applying to vary or renew a licence, there has been no change to the applicant's disciplinary record or capacity

summary since the applicant was last issued a licence;

(

d) in the case of an applicant who is a health profession corporation and is applying to vary or renew a health profession corporation permit,

(

i) the requirements under

section 58 [requirements for permit] are met, and

(ii) no order has been made against the applicant under

section 115 [disposition] since the applicant was last issued a permit;

(

e) in the case of an applicant who requests a licence or health profession corporation permit to be reinstated, the conditions of reinstatement set under the bylaws and the order that revoked the licence or permit are met;

(

f) the conditions, if any, under the bylaws.

(5) A registrar who varies, renews or reinstates a licence or health profession corporation permit under this

section must not change the limits, conditions or class that applies to the licence or permit, except as required or authorized under the bylaws or a disciplinary order.

Administrative refusal

(1) A registrar may make an adverse application decision without notice or a hearing if any of the following circumstances apply:

(

a) the applicant fails to submit with the application any information, records, fees or proof of a thing required under the bylaws, a disciplinary order or an order made under

section 115 [disposition] ;

(

b) the applicant fails to comply with an order made under

section 42 [receiving applications] ;

(

c) in the case of a licence application,

(

i) the applicant is prohibited under a disciplinary order from making the application or has failed to meet the conditions of a disciplinary order, or

(ii) the registrar under the Criminal Records Review Act has determined that the applicant does not have a portable criminal record check within the meaning of that Act;

(

d) in the case of a permit application,

(

i) the applicant has applied for variance or reinstatement but the bylaws do not provide for this, or

(ii) the applicant is prohibited under an order made under

section 115 from making the application or has failed to meet the conditions of an order made under that section.

(2) A registrar must give to the applicant written notice of an adverse application decision made under this

section and the reasons for the decision.

Reconsideration

45 An applicant may apply in accordance with

section 381 [application for reconsideration or review] for a reconsideration by the registrar of an adverse application decision made by the registrar.

Information to licence or permit committee

46 The registrar must give to the licence committee or permit committee, as applicable, all of the following with respect to an application:

(

a) a copy of the application;

(

b) written notice of a decision, if any, made under this Division or Division 4 [Hearings, Reconsiderations and Reviews] of

Part 8 with respect to the application, and the reasons for the decision;

(

c) the information or records required under the bylaws.

Other matters

(1) Except as required for the purposes of a reconsideration, a registrar is not required to give to an applicant notice or an opportunity to be heard before the registrar exercises a power or performs a duty under this Division.

(2) An applicant is not entitled to an appeal of an adverse application decision made by the registrar under this Division or Division 4 [Hearings, Reconsiderations and Reviews] of

Part 8.

(3) Except as authorized under the bylaws, application fees are not refundable, including with respect to applications that are withdrawn or refused.

Division 3 – Licences

Definitions

48 In this Division:

"equivalency determination" means a determination of whether an applicant has knowledge, skills, ability and judgment that are substantially equivalent to that required under the applicable eligibility standards;

"extrajurisdictional credentials" means credentials held by an extrajurisdictional practitioner that

(

a) were issued by a person or body outside British Columbia, and

(

b) are evidence of qualifications with respect to one or more of the matters referred to in the applicable eligibility standards.

General licensing bylaws

(1) A board must make bylaws respecting the following:

(

a) licence applications and the issuance, variation, expiry, renewal, revocation and reinstatement of licences;

(

b) eligibility standards, including standards respecting all of the following:

(

i) education, training, experience and other qualifications, including continuing professional development;

(ii) examinations and assessments;

(iii) evidence of good character, including character references and other types of checks and references;

(iv) liability insurance or professional liability protection, or both;

(

v) mandatory vaccinations, required under an enactment other than the bylaws, against transmissible illnesses;

(

c) the types of proof of eligibility that may be required;

(

d) the limits and conditions that may be imposed on licences, including with respect to supervision or direction.

(2) A board may make bylaws respecting the recognition of specialties in one or more aspects of practice.

(3) A board may make bylaws respecting the following:

(

a) the delivery of programs;

(

b) the setting of examinations;

(

c) the setting of assessments;

(

d) the recognition of credentials issued, and programs offered, by specific education and training institutions, or a class of any of those institutions;

(

e) the process for recognizing and ceasing to recognize credentials and programs referred to in paragraph (d);

(

f) mandatory vaccinations, required under the bylaws, against transmissible illnesses.

Extrajurisdictional applicants

50 Without limiting

section 49 [general licensing bylaws] , a board must make bylaws respecting all of the following:

(

a) extrajurisdictional credentials that are recognized, without further evaluation, as being substantially equivalent to those required under the applicable eligibility standards;

(

b) the process for making equivalency determinations if an extrajurisdictional practitioner's extrajurisdictional credentials are not recognized under bylaws made under paragraph (

a) of this section;

(

c) the issuance of provisional licences to extrajurisdictional practitioners while an equivalency determination is being made or if additional education, training or experience is required to meet the eligibility standards;

(

d) the issuance of licences to extrajurisdictional practitioners who, under the Labour Mobility Act or a prescribed trade agreement, are required to be issued a licence;

(

e) the process for reviewing licensing programs to identify and remove prohibitions, requirements, limits and conditions imposed on extrajurisdictional practitioners that do not substantially lower the risk of harm to the public.

Before making decision

(1) Before making a decision with respect to a licence application, a licence committee may direct the registrar to make an order under

section 42 [receiving applications] .

(2) Before making a decision with respect to a licence application, a licence committee may

(

a) direct the registrar to give written notice to the applicant of

(

i) the decision being considered and the reasons for the decision being considered, and

(ii) the processes that apply for the purposes of paragraph (

b) and any other information set out in the bylaws,

(

b) give to the applicant the choice of either

(

i) requesting a hearing, or

(ii) accepting, if the committee is of the opinion that it would be appropriate in the circumstances, a provisional licence or a licence that is subject to different limits or conditions or that is of a class that is different from the limits, conditions or class requested under the licence application, and

(

c) if the applicant requests a hearing in accordance with the notice given under paragraph (a) (ii), hold the hearing.

Acceptance of application

(1) Subject to

section 53 [adverse application decision] , a licence committee must direct the registrar to issue, vary, renew or reinstate an applicant's licence, as applicable, if the committee is satisfied, with or without a hearing, that the applicant

(

a) meets the requirements of

section 38 [requirements for licence] and

(

i) meets the eligibility standards, or

(ii) has substantially equivalent extrajurisdictional credentials, or

(

b) must be issued a licence under the bylaws referred to in

section 50 (d) [extrajurisdictional applicants] .

(2) A licence committee may attach limits or conditions to a licence, including as follows:

(

a) for the purposes of being satisfied of the matters referred to in

section 38;

(

b) in the case of a provisional licence,

(

i) despite a designation regulation that would permit otherwise, restricting the title that may be used by the licensee, restricting the health services that may be provided by the licensee or requiring the licensee to be supervised or under the direction of another licensee when practising the designated health profession,

(ii) imposing requirements that must be met for the licensee to become eligible for a licence that is not a provisional licence, and

(iii) providing that the provisional licence expires at the end of a period that is shorter than a general period provided for under the bylaws.

Adverse application decision

(1) Subject to subsection (2), a licence committee must not make an adverse application decision with respect to a licence application unless the committee first gives notice and an opportunity to be heard as described in

section 51 (2) [before making decision] .

(2) A licence committee may make an adverse application decision with respect to a licence application with or without notice or a hearing if any of the following circumstances apply:

(

a) a circumstance referred to in

section 44 [administrative refusal] ;

(

b) the applicant has been determined to be a risk under the Criminal Records Review Act ;

(

c) an adverse application decision is made under

section 54 [adverse application decision based on proceeding] .

(3) Nothing in subsection (2) limits the grounds on which a licence committee may make an adverse application decision if the committee gives notice and an opportunity to be heard under subsection (1).

(4) If a licence committee makes an adverse application decision, the committee must direct the registrar to give to the applicant written notice of

(

a) the decision and the reasons for the decision, and

(

b) the review process of the Health Professions Review Board, if the decision

(

i) was made after a hearing, and

(ii) was other than to issue a provisional licence.

Adverse application decision based on proceeding

(1) In this section, "proceeding" means a proceeding, conducted in any jurisdiction, that resulted or could result in the suspension or revocation of a person's authority to practise a health profession in the jurisdiction.

(2) A licence committee may make an adverse application decision with or without notice or a hearing if both of the following conditions are met:

(

a) the applicant is a person described in subsection (3);

(

b) the licence committee holds the opinion referred to in subsection (4).

(3) For the purposes of subsection (2) (a), one of the following must apply to the applicant:

(

a) the applicant is the subject of a current proceeding;

(

b) a proceeding was not commenced or completed because the applicant voluntarily relinquished the applicant's authority to practise a health profession;

(

c) the applicant's authority to practise a health profession was suspended or revoked, whether after or in the course of a proceeding;

(

d) the applicant has been convicted, in Canada or another jurisdiction, of a relevant offence.

(4) For the purposes of subsection (2) (b), a licence committee must be of the opinion that

(

a) the nature of the conduct underlying the proceeding or offence referred to in subsection (3), or the circumstances under which that conduct took place, gives rise to concerns about whether the applicant

(

i) is fit to practise, or

(ii) will practise the designated health profession ethically, safely and in accordance with all applicable ethics standards and practice standards, and

(

b) the concerns referred to in paragraph (

a) are not mitigated by the information and records included with the application or on consideration of other relevant circumstances.

Information in registry

(1) If a licence is issued to an applicant, or if an applicant's licence is varied, renewed or reinstated, a registrar must include in the registry, under the licensee's name, all of the following:

(

a) the licensee's business contact information;

(

b) the class, limits and conditions, if any, that apply to the licensee's licence;

(

c) any additional information as prescribed or directed by the licence committee.

(2) If prescribed circumstances apply, a registrar must update the registry to replace the information referred to in subsection (1) with a notation that the licensee is a former licensee.

Division 4 – Health Profession Corporation Permits

Definitions

56 In this Division:

"collaboration agreement" means an agreement referred to in

section 60 [collaboration agreements] ;

"company" has the same meaning as in the Business Corporations Act ;

"eligible licensee" means a licensee who practises a designated health profession governed by

(

a) a regulatory college for which a permit committee is acting, or

(

b) a regulatory college that is a party to a collaboration agreement with the regulatory college referred to in paragraph (a);

"shares" means the shares of a corporation that is the subject of a permit application.

Bylaws

(1) A board must make bylaws respecting the following:

(

a) permit applications and the issuance, renewal and revocation of health profession corporation permits;

(

b) eligibility standards and the types of proof of eligibility that may be required;

(

c) the limits and conditions that may be imposed on health profession corporation permits;

(

d) the liability insurance or professional liability protection, or both, that health profession corporations must carry or must provide to each of their employees;

(

e) the names and the process for the approval of names by which a health profession corporation may be known.

(2) A board may make bylaws respecting the following:

(

a) the variation and reinstatement of health profession corporation permits;

(

b) the practice of a designated health profession through a health profession corporation;

(

c) the making and implementation of collaboration agreements;

(

d) the disposition of shares held in health profession corporations;

(

e) the posting of health profession corporation permits, or providing for other means of making permits publicly accessible.

Requirements for permit

58 A corporation is not eligible to be issued a health profession corporation permit, or to have a health profession corporation permit varied, renewed or reinstated, unless all of the following requirements are met:

(

a) the corporation is a company in good standing under the Business Corporations Act ;

(

b) all directors of the corporation are eligible licensees;

(

c) the name of the corporation includes the words or phrases, if any, prescribed under

section 25 (3) (c) [designation regulation for designated health profession] ;

(

d) all shares of the corporation are owned or held by, or are vested in, a person as required under

section 59 [requirements respecting shares] ;

(

e) if a collaboration agreement applies, the permit is issued, varied, renewed or reinstated in accordance with the agreement;

(

f) all employees who will be providing health services through the corporation are, or are under the supervision of, eligible licensees;

(

g) the eligibility standards are met.

Requirements respecting shares

(1) For the purposes of

section 58 (d) [requirements for permit] , all voting shares must be legally and beneficially owned by

(

a) eligible licensees, or

(

b) companies that meet both of the following conditions:

(

i) all voting shares must be legally and beneficially owned by eligible licensees;

(ii) all non-voting shares must be legally and beneficially owned by eligible licensees or family members of eligible licensees.

(2) For the purposes of

section 58 (d), all non-voting shares must be

(

a) legally and beneficially owned by

(

i) eligible licensees or family members of eligible licensees, or

(ii) companies, all the non-voting shares of which are legally and beneficially owned by eligible licensees or family members of eligible licensees, or

(

b) held in trust by a trustee who is resident in Canada and approved by the board, on behalf of a trust

(

i) that is subject to the laws of a Canadian jurisdiction, and

(ii) all the beneficiaries of which are eligible licensees or family members of eligible licensees.

(3) Despite subsections (1) and (2), voting and non-voting shares may be vested in

(

a) an executor or administrator of the estate of an eligible licensee who has died, to allow the discharge of duties in relation to the estate, or

(

b) a trustee in bankruptcy to allow the discharge of duties in relation to the bankruptcy of an eligible licensee or a corporation.

Collaboration agreements

(1) A collaboration agreement must address at least the following:

(

a) the recognition, by regulatory colleges that are parties to the agreement, of health profession corporation permits issued by the permit committees of other regulatory colleges that are parties to the agreement;

(

b) the process for addressing relevant differences, if any, in ethics standards and practice standards between regulatory colleges;

(

c) the process for conducting investigations and taking disciplinary actions;

(

d) prescribed matters.

(2) If a collaboration agreement that applies to a health profession corporation permit is amended or expires during the term of the permit, the amendment or expiry has no effect on the permit during the permit's remaining term.

(3) On request of a person, a regulatory college must make a copy of a collaboration agreement accessible to the person, free of charge.

Before making decision

(1) Before making a decision with respect to a permit application, a permit committee may direct the registrar to make an order under

section 42 [receiving applications] .

(2) Before making a decision with respect to a permit application, a permit committee may

(

a) direct the registrar to give written notice to the applicant of

(

i) the decision being considered and the reasons for the decision being considered, and

(ii) the processes that apply for the purposes of paragraph (

b) and any other information set out in the bylaws,

(

b) give to the applicant the choice of either

(

i) requesting a hearing, or

(ii) accepting, if the committee is of the opinion that it would be appropriate in the circumstances, a health profession corporation permit that is subject to limits or conditions that are different from the limits or conditions requested under the permit application, and

(

c) if the applicant requests a hearing in accordance with the notice given under paragraph (a) (ii), hold the hearing.

Acceptance of application

(1) Subject to

section 63 [adverse application decision] , a permit committee must direct the registrar to issue a health profession corporation permit to an applicant, or to vary, renew or reinstate an applicant's health profession corporation permit, if the committee is satisfied, with or without a hearing, that the requirements under

section 58 [requirements for permit] are met.

(2) A permit committee may attach limits or conditions to a health profession corporation permit, including for the purposes of being satisfied of the matters referred to in

section 58.

Adverse application decision

(1) Subject to subsection (2), a permit committee must not make an adverse application decision with respect to a permit application unless the committee first gives notice and an opportunity to be heard as described in

section 61 (2) [before making decision] .

(2) A permit committee may make an adverse application decision with respect to a permit application with or without notice or a hearing if any of the following circumstances apply:

(

a) a circumstance referred to in

section 44 [administrative refusal] ;

(

b) the health profession corporation has previously had its health profession corporation permit revoked;

(

c) a shareholder, director or officer of the health profession corporation was a shareholder, director or officer of a health profession corporation that previously had its health profession corporation permit revoked.

(3) Nothing in subsection (2) limits the grounds on which a permit committee may make an adverse application decision if the committee gives notice and an opportunity to be heard under subsection (1).

Notice of adverse application decision

(1) If a permit committee makes an adverse application decision, the committee must direct the registrar to give to the applicant written notice of the decision and the reasons for the decision.

(2) As soon as reasonably practicable after a decision is made under this Division or Division 2 [Making Licence or Permit Applications] of this Part to refuse to renew or reinstate a health profession corporation permit, the registrar

(

a) must publish a copy of the decision and the reasons for the decision, and

(

b) must, in the case of a refusal to renew the permit, give notice of the refusal to the Registrar of Companies for the purposes of

section 29 (5) of the Business Corporations Act .

(3) If a permit committee is of the opinion that it would be in the public interest to do so, the committee may direct the registrar to give notice to the public, by any means, of information that must be published under subsection (2) (a).

No review or appeal

65 An applicant is not entitled to a review by the Health Professions Review Board, or to an appeal to any person or body, of an adverse application decision.

If permit issued

(1) In this section, "issuer" means a regulatory college

(

a) that issued a health profession corporation permit, or

(

b) that is a party to a collaboration agreement with the regulatory college that issued a health profession corporation permit.

(2) A health profession corporation must not do any of the following:

(

a) carry on business providing health services through licensees governed by the issuer except in accordance with this Act, the regulations, the bylaws and the health profession corporation permit;

(

b) provide health services governed by the issuer except through persons who are

(

i) eligible licensees governed by the issuer, or

(ii) if authorized under the bylaws, employees of the health profession corporation under the supervision of eligible licensees governed by the issuer;

(

c) carry on any activities that would, for the purposes of the Income Tax Act (Canada), give rise to income from business, except to provide health services governed by the issuer and services directly associated with the provision of those health services.

(3) An act of a health profession corporation, including a transfer of property to or by the corporation, is not invalid merely because the corporation contravenes subsection (2) (c).

(4) A person must not enter into a voting rights vesting agreement as defined in subsection (5) if the effect of the agreement is that

(

a) a person may exercise voting rights with respect to shares in a health profession corporation, and

(

b) the person is not

(

i) an eligible licensee, or

(ii) a company referred to in

section 59 (1) (b) [requirements respecting shares] .

(5) In subsection (4), "voting rights vesting agreement" means an agreement of any type, including a voting trust agreement and a proxy, that vests or has the effect of vesting, in a person who is not the shareholder, the authority to exercise voting rights attached to any or all of a shareholder's shares in a company.

Division 5 – Duties of Licensees

Bylaws

67 A board may make bylaws respecting the provision of health services by licensees in collaboration with other persons.

General duty to comply

(1) In practising a designated health profession, a licensee must comply with all of the following that apply:

(

a) this Act and the regulations and bylaws;

(

b) orders made under this Act;

(

c) any limits or conditions on the licensee's licence.

(2) A licensee who provides health services in collaboration with another person or through a corporation remains personally responsible for compliance as described under subsection (1).

Duty to be fit to practise

(1) A licensee must not practise a designated health profession unless the licensee is fit to practise.

(2) A board must make bylaws respecting programs or methods for assessing whether a person is fit to practise.

Duty to practise ethically

(1) A licensee must practise a designated health profession in an ethical manner and in accordance with all ethics standards.

(2) A board must make bylaws respecting ethics standards, including respecting all of the following:

(

a) anti-discrimination measures;

(

b) preventing and responding to sexual misconduct and sexual abuse;

(

c) prohibitions, limits and conditions on sexual relationships between licensees or former licensees and patients or former patients;

(

d) the provision of health services by licensees to their family members;

(

e) identifying and addressing conflicts of interest;

(

f) advertising or otherwise marketing the practice of a designated health profession;

(

g) providing false or misleading information to patients or the public respecting health and matters relating to health, including, without limitation, health services, drugs, devices and other health products.

Duty respecting misconduct

71 A licensee must not commit

an act of misconduct.

Duties respecting practice

(1) In practising a designated health profession and in performing duties under this Act, a licensee must act in accordance with the following principles:

(

a) to protect the public from harm and discrimination;

(

b) to take anti-discrimination measures;

(

c) to act in a manner that is respectful of the privacy of patients.

(2) A licensee must practise a designated health profession in accordance with all practice standards.

(3) A board must make bylaws respecting practice standards, including bylaws respecting all of the following:

(

a) the types of health services provided by licensees;

(

b) informed consent;

(

c) maintaining patient confidentiality;

(

d) record-keeping and reporting.

(4) A board may make bylaws respecting the settings in which health services are provided.

Misrepresentation of drugs and devices

(1) A licensee must not dispense or sell, or allow the dispensing or selling of,

(

a) a thing represented to be a drug or device if it is not the drug or device represented, or

(

b) a particular drug or device if it is not the particular drug or device represented.

(2) If a licensee is alleged to have contravened subsection (1), the onus is on the licensee to prove that the thing, drug or device dispensed or sold was the particular drug or device that the thing, drug or device was represented to be.

(3) Nothing in this

section prevents the dispensing or use of placebos by licensees in drug research or medical treatment, if done in accordance with protocols established or adopted in the bylaws made under this Act or under the Pharmacy Operations and Drug Scheduling Act .

Duty if delegating activities

(1) In this section, "delegate" means to delegate the performance of an aspect of practice or a restricted activity, if the delegation is made by a licensee in the course of practising a designated health profession to a person who is not authorized to practise the designated health profession.

(2) A licensee must not delegate the performance of an aspect of practice or a restricted activity to a person unless all of the following conditions are met:

(

a) the bylaws authorize the aspect of practice or restricted activity to be delegated;

(

b) the licensee is satisfied that the person

(

i) is able to perform the delegated aspect of practice or restricted activity without causing harm, having regard to the person's knowledge, skills, ability and judgment, and

(ii) will perform the delegated aspect of practice or restricted activity in a manner that does not cause harm, having regard to the person's character, past conduct and other relevant factors.

(3) A board may make bylaws to authorize the delegation of an aspect of practice or a restricted activity if all of the following conditions are met:

(

a) the bylaw sets prohibitions, requirements, limits and conditions with respect to all of the following:

(

i) the circumstances and types of settings in which delegation is authorized;

(ii) the education, training, experience and other qualifications that persons must have to perform the delegated activity;

(iii) the performance of the delegated activity, including with respect to supervision or direction, if appropriate;

(

b) the board is satisfied that the delegated activity may, if the bylaw is complied with, be performed without causing harm.

(4) As soon as reasonably practicable after making or amending a bylaw under this section, the registrar must give written notice of the bylaw or amendment to the minister and the superintendent.

(5) For certainty, this

section applies to an aspect of practice whether or not the minister has identified the aspect of practice for the purposes of

section 29 [unauthorized practice] .

Duty to cooperate

75 A licensee must cooperate with a person who is exercising powers or performing duties under this Act, including by doing all of the following:

(

a) responding promptly to communications and to requests for information or records;

(

b) appearing and answering questions on request;

(

c) participating in quality assurance assessments conducted under a quality assurance program;

(

d) complying with an order of the registrar or an investigator.

Duty to give notice

(1) A licensee must give written notice to the registrar within 7 days after the date that any of the following circumstances first arises:

(

a) there are reasonable grounds to believe that the licensee is no longer eligible to hold a licence, or to hold a licence of the class that applies to the licensee's licence;

(

b) a circumstance referred to in

section 44 (1) (c) (ii) [administrative refusal] , 53 (2) (b) [adverse application decision] or 54 (3) [adverse application decision based on proceeding] ;

(

c) the licensee is not in compliance with

section 77 (b) [continuing duties] ;

(

d) the licensee is practising a designated health profession as an employee, shareholder, officer or director of a corporation and has reasonable grounds to believe that

(

i) the corporation is required under this Act to hold a health profession corporation permit, and

(ii) the corporation does not hold a health profession corporation permit.

(2) A licensee must give written notice to the registrar, within the period required under the bylaws, of the following:

(

a) a change to the licensee's business contact information;

(

b) a circumstance described in the bylaws.

Continuing duties

77 A licensee must do all of the following:

(

a) provide a criminal record check authorization on request of the registrar;

(

b) hold, in accordance with the bylaws, liability insurance or professional liability protection, or both;

(

c) on request of the registrar, provide proof satisfactory to the registrar of

(

i) continued eligibility to hold a licence or to hold a licence of the class that applies to the licensee's licence, or

(ii) holding liability insurance or professional liability protection, or both;

(

d) pay fees as required under the bylaws.

Duty to provide information

(1) A registrar may, by order, require a licensee to give to the registrar information, including personal information, for the purposes of

section 493 [if information collection order made] .

(2) A licensee must give to the registrar the information required under subsection (1) in the form and manner, and on or before the date, required by the registrar.

Duties if practising in facility

79 If the practice of a designated health profession through a diagnostic, surgical, treatment or other type of facility is subject to bylaws made with respect to accreditation standards, a licensee

(

a) must not, unless authorized under the bylaws, practise the designated health profession in a facility that is not accredited, and

(

b) must cooperate with inspections of the facility.

Duties if practising through corporation

(1) The liability of a licensee for professional negligence in practising a designated health profession is not affected by the fact that the licensee is carrying on that practice

(

a) as an employee, shareholder, officer or director of a corporation, or

(

b) as a partner or employee of a limited liability partnership.

(2) The application of this Act, the regulations and the bylaws to a licensee is not affected by the licensee's relationship to a corporation or limited liability partnership as described in subsection (1).

(3) Nothing in this Act affects, modifies or limits any law applicable to the fiduciary, confidential or ethical relationships that exist between a licensee and a patient.

(4) The relationship between a corporation and a patient who is receiving health services provided through the corporation is subject to all applicable laws relating to the fiduciary, confidential and ethical relationships that exist between a licensee and a patient.

Duty if practice in another jurisdiction

(1) In this section, "certificate of professional conduct" means

(

a) a certificate, in the form required by the registrar and issued by an extrajurisdictional regulator or another person or body specified for this purpose in the bylaws, certifying

(

i) that the holder of the certificate practised a health profession in the jurisdiction in which the certificate was issued,

(ii) that the holder was not subject to an order that is in the nature of a disciplinary order in relation to the practice of the health profession in that jurisdiction, and

(iii) any other matter with respect to the holder as required under the bylaws, or

(

b) a record that, in the opinion of the registrar, is equivalent to the certificate referred to in paragraph (a).

(2) A licensee who practised a health profession in another jurisdiction while absent from British Columbia must, before practising again in British Columbia, give to the registrar a certificate of professional conduct from every jurisdiction in which the licensee practised during the absence.

(3) If authorized under the bylaws, the registrar may waive the requirement under subsection (2) with respect to a licensee or a class of licensees.

Duties if not practising or restricted

(1) Subject to the bylaws, a registrar may order a licensee to transfer patient records to another licensee if

(

a) the first licensee is no longer practising a designated health profession, or the first licensee's licence has been suspended or restricted, and

(

b) the registrar is of the opinion that one or both of the following apply:

(

i) the continuity of patient care may be adversely affected if the transfer is not made;

(ii) no or inadequate provision has been made for the transfer or other disposal of confidential patient records.

(2) If an order is made under subsection (1), the licensee must do both of the f