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St. John's, Newfoundland and Labrador, Canada

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NEWFOUNDLAND

AND

LABRADOR

REGULATION 91/12

Optometry Licensing Regulations, 2012

under the

Optometry Act, 2012

(Filed December 17, 2012)

Under the authority of

section 57 of the Optometry Act, 2012,

the Council of the Newfoundland

and Labrador College of Optometrists, with the approval of the Minister of Health and Community Services, makes the following regulations.

Dated at St. Johns

, December 13, 2012.

Justin Boulay

Council of the Newfoundland

and Labrador

College

of Optometrists

Susan Sullivan

Minister of Health and Community Services

REGULATIONS

Analysis

Short title

PART I

LICENSING

Application for licence

Licence to practise

Qualifying

examinations

PART II

DISCIPLINE

Filing of allegation

Investigation

Complaints authorization committee

Practice

investigation

Adjudication tribunal

Hearing

Filing of decision

Complainant and respondent

PART III

VISUAL ACUITY CHECKING

Visual acuity checks

Repeal

Short title

These regulations may be cited as the Optometry Licensing Regulations, 2012.

PART I

LICENSING

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Application for licence

(1)In addition to the requirements in sections 14 and 15 of the Act, an applicant for a licence to practise optometry shall

(

a) complete an application in the form provided by the council;

(

b) submit

(

i) satisfactory proof of graduation in a course in optometry from the School of Optometry, University of Waterloo or Universite de Montreal or another Canadian school of optometry approved by the council,

(ii)

satisfactory proof of graduation in a course in optometry from another school of optometry considered by the council, at the time of graduation and application, to be comparable to the standards of the institutions referred to in subparagraph (i), or

(iii)

satisfactory proof that he or she is or was engaged in the practice of optometry in another Canadian jurisdiction and is in good standing with the licensing body in that jurisdiction;

(

c) submit evidence satisfactory to the council that the applicant has not been convicted of professional misconduct in a jurisdiction where an applicant is or was engaged in the practice of optometry;

(

d) submit evidence satisfactory to the council that there are no current proceedings against the applicant for professional misconduct in a jurisdiction where the applicant is or was engaged in the practice of optometry;

(

e) submit evidence satisfactory to the council that he or she is a Canadian citizen, holds an employment visa or has permanent resident status under the Immigration Act

(Canada);

(

f) submit a current certificate of good conduct from the Royal Newfoundland Constabulary, the Royal Canadian Mounted Police or other appropriate policing agency;

(

g) successfully complete the examinations set or approved by the council; and

(

h) pay any fees set by the council.

(2) In addition to the requirements in

section 16 of the Act, an applicant for renewal of a licence to practise optometry shall

(

a) meet the requirements in subsection (1) that the council specifies;

(

b) provide proof of active practise of optometry in the preceding year or other evidence of ability to resume active practise that the council approves; and

(

c) participate in a program of continuing education when required to by the council.

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Licence to practise

(1)An applicant who meets the requirements of the Act and

section 2 shall be entitled to receive a licence to practise optometry and to be registered in the Newfoundland

and Labrador Optometric Register.

(2) A licence to practise optometry shall be in the form provided by the council.

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Qualifying

examinations

An applicant for a licence to practise optometry shall be permitted to write qualifying examinations if he or she has

(

a) filed with the registrar a completed application provided by the council;

(

b) paid to the registrar the non-refundable application fees and examination fees set by the council at least 60 days before the commencement of the examinations; and

(

c) provided proof satisfactory to the council of graduation in a course in optometry from a school of optometry considered by the council at the time of graduation and application to be comparable in its standards to the schools referred to in subparagraph 2(1)(b)(i).

PART II

DISCIPLINE

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Filing of allegation

An allegation shall be filed with the registrar under

Part IV of the Act within 2 years from the date on which the event which gave rise to the allegation last occurred.

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Investigation

An investigation conducted under subsection 30(1) of the Act shall be completed and a report delivered to the chairperson of the complaints authorization committee within 6 months from the date the allegation was filed with the registrar.

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Complaints

authorization

committee

The complaints authorization committee shall consider an allegation and either dismiss the allegation under

section 30(2) of the Act or take the appropriate action under subsection 30(3) of the Act within 30 days after receiving the report of the investigation conducted under

section 30(1) of the Act.

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Practice

investigation

The registrar shall complete an investigation of the respondent's practice under subparagraph 30(3)(c)(ii) of the Act within 30 days after the council approves the investigation.

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Adjudication

tribunal

The chairperson of the disciplinary panel shall appoint an adjudication tribunal under

section 31 of the Act within 30 days after receipt of a referral by the registrar.

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Hearing

An adjudication tribunal shall commence a hearing under

section 32 of the Act within 30 days after the tribunal is appointed.

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Filing of decision

An adjudication tribunal shall file its decision or order with the registrar in accordance with

section 36 of the Act within 30 days after completion of a hearing.

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Complainant and

respondent

(1)The registrar shall notify

(

a) a respondent of an allegation against him or her within 7 days of receipt of the allegation in writing; and

(

b) both the complainant and the respondent of the referral of an allegation to the complaints authorization committee within 7 days of the referral.

(2) The complaints authorization committee shall notify the complainant and the respondent of the dismissal of an allegation by it within 7 days of the dismissal.

(3) An adjudication tribunal shall provide a copy of a decision or order to the complainant and the respondent within 7 days of filing the decision with the registrar.

PART III

VISUAL ACUITY CHECKING

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Visual acuity checks

A person employed by a practitioner as an assistant and acting under his or her direct supervision may check the visual acuity of a person.

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Repeal

The Optometry Licensing Regulations,

Newfoundland and Labrador Regulation 96/05, are repealed.

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