First Session, 48th

General Assembly

66 Elizabeth II,

BILL 69

AN ACT TO AMEND THE HEALTH PROFESSIONS

ACT

Received and Read the First Time .................................................................................................

Second Reading .................................................................................................................................

Committee ..........................................................................................................................................

Third Reading .....................................................................................................................................

Royal Assent ......................................................................................................................................

HONOURABLE JOHN

HAGGIE

Minister of Health

and Community Services

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Health Professions Act to

reduce the number of elected

and appointed members of the council;

provide that the registrar can

perform the duties of the registration committee where those duties are assigned

to the registrar;

provide that the council's

by-laws can address the appointment of replacement members to the council;

provide that the quality

assurance committee can appoint health professionals who are registered or

licensed under the laws of another province or territory to be assessors; and

change the composition of

complaints authorization committees due to the reduction in elected and

appointed members of the council.

A BILL

AN ACT TO AMEND THE HEALTH

PROFESSIONS ACT

Analysis

S.8 Amdt.

Composition of council

S.9 Amdt.

Appointment by minister

S.12 Amdt.

Administration

S.17 Amdt.

By-laws

S.19 Amdt.

Registration

S.20 Amdt.

Appeal

S.23 Amdt.

Assessment

S.35 Amdt.

Complaints and disciplinary panel

Transitional

Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

SNL2010 cH-1.02

as amended

1. Subsection 8(1) of the Health Professions Act is repealed and the following substituted:

Composition

of council

(1) The

council shall consist of

(

a) one member of each college's board of

directors elected from and by each college in accordance with the council's

by-laws; and

(b) 6 members appointed under

section 9 who shall

not be members of a college.

2. Subsection 9(1) of the Act is repealed and the

following substituted:

Appointment by

minister

(1) The

minister shall appoint as members of the council 6 persons who are not members

of a college who are suitable to represent the public interest.

3. Subsection 12(3) of the Act is amended by

deleting the word "and" at the end of paragraph (

d) and repealing

paragraph (

e) and substituting the following:

(

e) perform registration duties as assigned by the

registration committee; and

(

f) perform other functions and duties that the

council assigns to him or her.

4. Subsection 17(1) of the Act is amended by

adding immediately after paragraph (

c) the following:

(c.1) the appointment of replacement members to the

council under subsection 8(6);

Section 19 of the Act is amended by adding

immediately after subsection (3) the following:

(4) Notwithstanding anything in this section, the

registration committee may assign some or all of its duties under this

section

to the registrar.

6. Subsections 20(1) and (2) of the Act are

repealed and the following substituted:

Appeal

(1) A

person affected by a decision of the registration committee or registrar

respecting registration may appeal to the council who may confirm the decision

or direct the registration committee or registrar to vary or reverse it.

(2) Before making a decision on a matter of

registration, the registration committee or registrar may refer the matter to

the council which shall direct the registration committee or registrar as to the

decision to be made.

7. Subsection 23(1) of the Act is repealed and the

following substituted:

Assessment

(1) The

quality assurance committee may appoint persons registered or licensed as

health professionals under this Act, another Act of the province or under the

laws of another province or territory of Canada as assessors for the purpose of

the quality assurance program.

8. Subsection 35(1) of the Act is repealed and the

following substituted:

Complaints and

disciplinary panel

(1) The

council shall appoint at least 3 persons in accordance with the by-laws to

constitute a complaints authorization committee and those persons shall consist

(

a) health professionals from the health

professions designated in the Schedule; and

(

b) at least one member of the council appointed

under

section 9.

Transitional

9. The members of the council elected or appointed

under the Health Professions Act are

continued as members of the council until the expiry of their terms.

Commencement

10. This Act comes into force on September 29,

Queen's Printer