Second

Session, 46th General Assembly

Elizabeth II, 2009

BILL 8

AN ACT RESPECTING

CHIROPRACTORS

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

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

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

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

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

HONOURABLE

ROSS

WISEMAN

Minister of Health and Community Services

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTE

This Bill would revise the law

respecting the regulation of chiropractors.

A BILL

AN ACT RESPECTING

CHIROPRACTORS

Analysis

Short title

Definitions

Non-application of Act

Board

Appointment by minister

Meetings

Fees

By-laws

Annual report

Registration and licence

Register

Definitions

Professional corporation

Corporate register

Annual licence

Revocation of licence

Effect of incorporation

Liability of chiropractor

Misconduct of a professional

chiropractic corporation

Definitions

Complaints and disciplinary panel

Allegation

Effect of filing allegation

Complaints authorization committee

Adjudication tribunal

Hearing

Copies of books, etc. as evidence

Guilty plea by respondent

Powers of adjudication tribunal

Filing and publication of decisions

De-registration and suspension

Failure to comply

Re-hearing

Costs of board

Collection of fine

Appeal to Trial Division

Action prohibited

Regulations

Prohibition

Limitation

Secondary therapies

Prohibition generally

Entitlement

Restriction on professional title

Collection of fees

Offence

Evidence

Transitional

RSNL1990 cC-14 Rep.

Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

Short title

1. This

Act may be cited as the Chiropractors

Act, 2009 .

Definitions

2. In

this Act

(a) "board" means the Newfoundland and

Labrador Chiropractic Board continued under

section 4 ;

(b) "chiropractic" means a professional

service usually performed by a chiropractor directed towards the diagnosis, examination

and treatment, principally by hand, and without use of drugs or surgery, of the

spinal column, pelvis, extremities and associated tissues;

(c) "chiropractor" means a person who

practises chiropractic and who is licensed under this Act;

(d) "licence" means a licence to

practise chiropractic issued under this Act;

(e) "minister" means the minister

appointed under the Executive Council Act

to administer this Act;

(f) "register" means the register of

chiropractors referred to in

section 11 ; and

(g) "registrar" means the registrar of

chiropractors appointed under subsection 4 (10).

Non-application

of Act

3. This

Act does not apply to or affect

(

a) a medical practitioner registered under the Medical Act, 2005;

(

b) a physiotherapist registered under the Physiotherapy Act, 2006; or

(

c) a registered nurse or a person authorized by

another Act or regulation to carry out services which would be considered as

chiropractic under this Act.

Board

(1) The

Newfoundland and Labrador Chiropractic Board is continued as a corporation

without share capital for the purposes of

Part XXI of the Corporations Act .

(2) The board shall consist of

(a) 6 members elected from and by chiropractors in

accordance with the by-laws; and

(b) 3 members appointed under

section 5 who are not chiropractors.

(3) The board shall elect from among the elected

members a chairperson and a secretary-treasurer.

(4) The chairperson, or an elected member

designated by him or her, shall chair the meetings of the board.

(5) A member may be elected for a term set by the

by-laws which shall not exceed 3 years and is eligible to be re-elected, but

shall not serve as a member for more than 9 consecutive years.

(6) An elected member may resign his or her office

by written notice to the board.

(7) Where an elected member resigns, dies or

becomes incapable of performing his or her duties, the remaining members shall

appoint a replacement to serve until the expiry of the term of that elected

member.

(8) Where the term of office of a member of the

board expires and a successor has not been elected or appointed, the member may

continue to hold office until a successor is elected or appointed but time

served by that member under this subsection shall not be counted for the purpose

of subsection (5).

(9) Elected members shall serve without payment

for their services, but their travel and other expenses associated with their

duties as members may be paid by the board, in accordance with the by-laws.

(10) The board shall appoint a person as registrar

who shall, by virtue of the office, be a non-voting member of the board.

(11) The board may pay the registrar for performing

his or her duties under this Act, in accordance with the by-laws.

Appointment by

minister

(1) The

minister shall appoint as members of the board 3 persons who are not chiropractors

who are suitable to represent the public interest.

(2) A person appointed under subsection (1) holds

office for a term of 3 years and is eligible to be re-appointed.

(3) Where a person appointed under subsection

(1) holds office for a period of 9 consecutive years the person is not eligible for

appointment as a member of the board until the expiration of 12 months from the

end of the year in which he or she was last a member.

(4) Where the term of an appointed member expires,

he or she continues to be a member until re-appointed or replaced.

(5) The board shall pay the expenses of a person

appointed under this

section in accordance with guidelines established by the

Lieutenant-Governor in Council.

(6) A person appointed under subsection (1) may

resign his or her appointment by written notice to the minister and shall

provide a copy to the chairperson of the board.

(7) A person appointed under subsection (1) may be

removed from office by the minister before the expiration of his or her term of

office and no compensation shall be paid to him or her other than an amount

owing under subsection (5).

Meetings

(1) A

quorum of the board is 5 members, one of whom is an appointed member.

(2) Except where prohibited in the by-laws, a

member may, where all the members consent, participate in a meeting of the

board by means of the telephone or other telecommunication device that permits

all persons participating in the meeting to communicate with each other.

(3) Where a quorum under subsection (1) exists, a

majority of that number is sufficient to make a decision, and in the event of a

tie the chairperson of the meeting shall cast the deciding vote.

(4) In the absence of the chairperson, the members

of the board in attendance at a meeting may appoint another member to chair

that meeting.

(5) The board shall hold an annual general

meeting, to which all chiropractors shall be invited, to elect the members of

the board.

(6) At the annual general meeting the board shall

appoint an auditor to audit the accounts of the board and report on the

financial statement prepared by the board.

(7) The board may in its by-laws provide for

voting at a meeting of the board or in an election of members by mail or

electronic means.

Fees

(1) In

prescribing the fees payable under this Act, the board shall, so far as it is

practicable, ensure that the amount of fees is sufficient to enable it to

discharge its duties under this Act.

(2) All money received by the board shall be

applied by it to its duties under this Act.

By-laws

(1) The

board may make by-laws not inconsistent with this Act respecting

(

a) the holding and procedure of its meetings;

(

b) the appointment of committees and the duties

and responsibilities of those committees;

(

c) the election of members of the board under

subsection 4 (2) and setting the terms of

office;

(

d) the payment of travel and other expenses of

elected members of the board;

(

e) the employment and remuneration of staff and

consultants;

(

f) a code of ethics which shall include

(

i) a definition of "professional

misconduct" and "conduct unbecoming" for the purposes of

sections 20 to 37 ,

(ii) provisions respecting conflict of interest,

and

(iii) rules respecting methods of advertising;

(

g) the remuneration and payment of travel

expenses of members of adjudication tribunals;

(

h) the participation of members at a meeting of

the board by telephone or other telecommunications device under

section 6 ; and

(

i) voting by members by mail or electronic means.

(2) A by-law may be made, amended or repealed at a

meeting of the board provided that 30 days notice, in writing, of the making,

amendment or repeal of the by-law and of the meeting are given to members of

the board.

(3) The board shall have its by-laws available for

inspection by the public on reasonable notice and at reasonable hours.

Annual report

(1) The

board shall prepare and submit to the minister not later than 6 months after

the end of its financial year

(

a) a report on the activities of the board in the

previous year; and

(

b) the board's audited financial statements for

the previous financial year.

(2) The minister shall table a copy of the annual

report and the audited financial statement in the House of Assembly within 15

days of receiving it if the house is sitting and if the house is not sitting

within 15 days after it next begins to sit.

(3) Where the board fails to comply with

subsection (1), the board is guilty of an offence and is liable upon

summary

conviction to a fine of $1,000.

Registration and

licence

(1) The

board shall register as a chiropractor and issue a licence to practise

chiropractic to a person who

(

a) pays the prescribed fee;

(

b) holds a degree or diploma in chiropractic from

the Canadian Memorial Chiropractic College, a university or college within

Canada recognized by the Council on Chiropractic Education (Canada) or another

program that the board considers to be their equivalent;

(

c) has passed Canadian Chiropractic Examining

Board examinations; and

(

d) meets those other requirements which may be

prescribed by the regulations.

(2) Where, immediately before applying for a

licence under this Act, a person was, under the laws of another province or

territory of Canada, licensed and in good standing to practise chiropractic in

that province or territory, the board shall register that person as a chiropractor

and issue a licence to him or her provided that he or she

(

a) pays the required fee; and

(

b) meets those other requirements that may be

prescribed by regulation.

(3) As a condition of receiving a licence, a

person shall provide proof that he or she has obtained professional liability

insurance coverage in a form and amount satisfactory to the board.

Register

(1) The registrar of the board shall keep

a register and enter the names of all persons licensed under this Act.

(2) The register shall be open to inspection by a

member of the public during normal business hours at the office of the board.

Definitions

12. In

sections 13 to 19

(a) "non-voting share" means an issued

share of a professional chiropractic corporation that is not a voting share;

and

(b) "voting share" means an issued share

of a professional chiropractic corporation with the right to vote at a meeting

of shareholders attached to it.

Professional corporation

(1) One

or more chiropractors may incorporate a corporation to provide chiropractic services.

(2) The corporation shall be incorporated under

the Corporations Act .

(3) The name of the corporation shall meet the

requirements of subsection 17(1) of the Corporations

Act .

(4) A corporation shall not provide chiropractic services

unless it is registered and licensed under this Act.

Corporate

register

(1) The

registrar shall maintain a register of professional chiropractic corporations

in which shall be entered the names of corporations permitted under this Act to

provide chiropractic services.

(2) The board shall direct the registrar to

register a professional chiropractic corporation that establishes that

(

a) all the voting shares of the corporation are

beneficially owned by and registered in the name of one or more chiropractors and

there is no restriction on the right of each chiropractor to exercise his or

her vote as he or she wishes to;

(

b) the non-voting shares are owned by a natural

person;

(

c) all the directors of the corporation are chiropractors,

and there is no agreement restricting the powers of the directors to manage the

business and affairs of the corporation in relation to the practice of

chiropractic;

(

d) all of the persons who will be practising chiropractic

as employees of or on behalf of the corporation are chiropractors;

(

e) the articles of the corporation restrict it to

providing chiropractic services and related matters;

(

f) the corporation is in good standing under the Corporations Act ; and

(

g) the corporation has complied with other

requirements for registration in the regulations made under

section 38 .

(3) The corporate register shall be made public in

accordance with

section 11 and a copy of the

register shall be available for inspection under that section.

(4) The board may enter into a reciprocal

agreement with a chiropractic board, association or other body having

responsibility for the registration and licensing of professional chiropractic corporations

in another jurisdiction for the registration of corporations from that jurisdiction

in the register of the board.

(5) Notwithstanding subsection (2), the voting

shares of a professional chiropractic corporation may be held by

(

a) an executor or administrator of the estate of

a deceased chiropractor to discharge the duties of that position; or

(

b) a trustee in bankruptcy to discharge his or

her duties as trustee in respect of the corporation or a chiropractor,

for no longer than 180 days, or a longer

period where the registrar permits.

Annual licence

(1) A

professional chiropractic corporation may apply for a licence to provide chiropractic

services in the province and the board shall issue the corporate licence

provided that

(

a) the professional chiropractic corporation is

registered under this Act;

(

b) the application is accompanied by a licence

fee which may be established by the board; and

(

c) the professional chiropractic corporation

continues to meet the requirements for registration set out in

section 14 and other requirements for being licensed which

may be set out in this Act and the regulations made under

section 38 .

(2) A corporation licensed under this

section is

entitled to recover from a person, in a court of the province having jurisdiction

to order payment from that person, reasonable charges for the provision of

professional services by the corporation.

(3) A licence issued under this

section expires on

January 15 following the day upon which it is issued.

Revocation of

licence

16. A

licence issued under

section 15 may be revoked

by the board where

(

a) the professional chiropractic corporation ceases

to meet a requirement for registration or licensing under this Act;

(

b) the professional chiropractic corporation

contravenes this Act or the regulations; or

(

c) a chiropractor is disciplined under sections 20 to 37 in respect

of chiropractic services performed by him or her as an employee of or on behalf

of the professional chiropractic corporation.

Effect of

incorporation

(1) A

chiropractor who provides chiropractic services to or through a professional chiropractic

corporation is, notwithstanding his or her relationship to the professional chiropractic

corporation or the relationship between the patient and the professional chiropractic

corporation, subject to

(

a) the application of this Act as if he or she

were providing services as an individual chiropractor; and

(

b) the same duties and responsibilities in

connection with his or her dealings with patients of the professional chiropractic

corporation as if he or she were providing services directly to those patients.

(2) The relationship between a professional chiropractic

corporation and a patient receiving services from or through the corporation is

subject to the laws relating to the confidential and ethical relationship

between a chiropractor and his or her patient.

(3) All rights and obligations pertaining to

communications made to, or information received by, chiropractors apply to the

shareholders, directors, officers and employees of a professional chiropractic

corporation.

Liability of chiropractor

(1) Notwithstanding

a provision to the contrary in the Corporations

Act , a chiropractor who provides chiropractic services through or on behalf

of a professional chiropractic corporation is liable to a person in relation to

the provision of those services to the same extent and in the same manner as if

the chiropractor provided those services as an individual and that liability is

not affected because of the chiropractor's relationship to the professional chiropractic

corporation as a shareholder, director, officer, employee or in another capacity.

(2) A chiropractor is jointly and individually

liable with a professional chiropractic corporation for all claims made against

the corporation in connection with the provision of chiropractic services by

the chiropractor.

(3) In this

section "chiropractor"

includes a person formerly licensed under this or another Act to provide

chiropractic services.

Misconduct of a

professional chiropractic corporation

(1) A

chiropractor is liable to be disciplined under sections 20 to 37 for the actions

or conduct of a professional chiropractic corporation while the chiropractor

was a shareholder, director, officer or employee of the corporation.

(2) A chiropractor shall not be liable to

discipline under subsection (1) where he or she proves that he or she did not

know and could not reasonably have known about the relevant actions or conduct

of the professional chiropractic corporation.

(3) A power of inspection, investigation or

inquiry that may be exercised in respect of a chiropractor under

section 24 may be exercised in respect of a professional chiropractic

corporation or its records in connection with an inquiry under subsection (1).

(4) A professional chiropractic corporation is

jointly and individually liable with the chiropractor for all fines and costs

the chiropractor is ordered to pay in connection with an inquiry under

subsection (1).

(5) In this section, "chiropractor"

includes a person formerly licensed under this or another Act to practice

chiropractic.

Definitions

20. In

this

section and sections 21 to 38 ,

(a) "allegation" means a written

document alleging that a person has engaged in conduct deserving of sanction;

(b) "complainant" means a person making

an allegation described in

section 22 ;

(c) "conduct deserving of sanction"

includes

(

i) professional misconduct,

(ii) professional incompetence,

(iii) conduct unbecoming a chiropractor,

(iv) incapacity or unfitness to practise as a

chiropractor, and

(

v) acting in breach of this Act, the regulations

or the code of ethics made under

section 8 ;

(d) "costs incurred by the board"

includes

(

i) out of pocket expenses incurred by or on

behalf of the board,

(ii) amounts paid by the board to adjudication tribunal

members as remuneration and for expenses, and

(iii) the actual cost of legal counsel for the board

and the adjudication tribunal;

(e) "disciplinary panel" means the panel

of persons appointed under

section 21 from

which the members of an adjudication tribunal are chosen; and

(f) "respondent" means a chiropractor or

former chiropractor against whom an allegation is made.

Complaints and

disciplinary panel

(1) The board shall appoint at least 3 of

their members, at least one of whom is a member appointed under

section 5 , to constitute a complaints authorization committee.

(2) The registrar is not eligible to be a member

of the complaints authorization committee.

(3) The board shall appoint the chairperson and

vice-chairperson of the complaints authorization committee from the persons

appointed under subsection (1).

(4) The board shall appoint at least 5 chiropractors

who are not members of the board, one of whom shall be appointed to serve as

chairperson, and the minister shall appoint at least 2 persons who are not chiropractors

to represent the public interest, who shall together constitute a disciplinary

panel.

(5) Of the members first appointed to the

disciplinary panel, one half shall be appointed for a term of 2 years and the

remainder for a term of 3 years and all subsequent appointments of members to

the disciplinary panel shall be for a term of 3 years.

(6) Notwithstanding the expiry of his or her term,

a member of the disciplinary panel continues to be a member until he or she is

re-appointed or his or her replacement is appointed.

(7) Persons appointed to the disciplinary panel

may be reappointed.

(8) Members of the disciplinary panel shall serve

on the panel without payment for their services, but may be remunerated for

service as a member of an adjudication tribunal and paid their travel and other

expenses associated with the work of that tribunal by the board, in accordance

with and at the rates set by the by-laws.

(9) The complaints authorization committee and an

adjudication tribunal appointed under

section 25

and a person appointed by either of them may summon witnesses and require those

witnesses to give evidence, orally or in writing, upon oath or affirmation, and

produce the documents and things that either of them considers necessary to the

full investigation and hearing of an allegation or complaint and have the

powers, privileges and immunities that are conferred on a commissioner

appointed under the Public Inquiries Act,

Allegation

(1) An

allegation shall be in writing and signed by the complainant or his or her

solicitor, and filed with the registrar.

(2) The registrar may on his or her own motion

make an allegation and file it, and the allegation has the same effect as an

allegation referred to in subsection (1).

(3) Where the registrar has been informed that a

chiropractor has been convicted of an offence under the provisions of the Criminal Code or a similar penal statute

of another country or has been suspended by a governing body of chiropractors

in another province or territory of Canada or another territory or country for reason

of professional misconduct, conduct unbecoming a chiropractor, or professional

incompetence, the information shall be dealt with by the registrar as an allegation.

(4) For the purpose of subsection (3), a certified

copy of the record of a conviction or findings made or the action taken by an

external regulatory body constitutes proof, in the absence of evidence to the

contrary, of the conviction or findings made or the action taken by that body,

without proof of the signature of the convicting justice or person purporting

to have signed on behalf of that body.

Effect of filing

allegation

(1) Where

it appears to the registrar after notifying the respondent of the allegation

that the allegation may be resolved satisfactorily and where the complainant

and the respondent consent, the registrar may attempt to resolve the matter.

(2) Where the allegation is not satisfactorily

resolved by the registrar under subsection (1), he or she shall refer the allegation

and all other allegations to the complaints authorization committee.

(3) The registrar shall inform a complainant and a

respondent of the referral of the allegation to the complaints authorization

committee.

Complaints authorization

committee

(1) After

an allegation has been submitted to the complaints authorization committee, the

committee may exercise one or more of the following powers:

(

a) refer the allegation back to the registrar for

an investigation or alternative dispute resolution in accordance with the regulations;

(

b) conduct an investigation itself or appoint a

person to conduct an investigation on its behalf;

(

c) conduct a review of the respondent's practice

or the conduct of a corporation to which sections 12

to 19 apply of which the respondent is a voting

shareholder; and

(

d) require

the respondent to appear before it.

(2) Where the complaints authorization committee

is of the opinion there are no reasonable grounds to believe the respondent has

engaged in conduct deserving of sanction, the committee shall dismiss the

allegation and give notice in writing of the dismissal to the complainant and

the respondent.

(3) Where the complaints authorization committee

is of the opinion that there are reasonable grounds to believe that a

respondent has engaged in conduct deserving of sanction, the allegation is

considered to constitute a complaint, and the committee may

(

a) counsel or caution the respondent;

(

b) instruct the registrar to file the complaint

against the respondent and refer it to the disciplinary panel; and

(

c) suspend or restrict the respondent's right to practice.

(4) A person conducting an investigation under subsection

(1) may

(

a) require a respondent to

(

i) undergo an examination he or she considers

necessary and as arranged by the registrar, and

(ii) permit the registrar or a member of the

complaints authorization committee or a person appointed by the complaints

authorization committee to inspect and copy the records of the respondent and

other documents relating to the subject matter of the investigation; and

(

b) require another person to permit the registrar

or a member of the complaints authorization committee or another person

appointed by the complaints authorization committee to inspect and copy records

and other documents relating to the subject matter of the investigation held by

that person,

and the respondent or other person shall

comply.

(5) Where the registrar, a member of the

complaints authorization committee or a person appointed by the authorization

committee requests that a respondent or another person provide information

under subsection (4), that information shall be provided within 7 days of receipt

of the request or a different period as specified in the request.

(6) An action for damages does not lie against a

chiropractor or another person to whom a request is made solely because he or

she provides information requested of him or her under subsection (4).

(7) A complainant whose allegation is dismissed by

the complaints authorization committee under subsection (2) may, within 30 days

after receiving notice of the dismissal, appeal the dismissal to the Trial

Division by filing a notice of appeal with the Registrar of the Supreme Court.

Adjudication

tribunal

(1) For

the purpose of dealing with complaints referred to the disciplinary panel, the

chairperson of the disciplinary panel shall appoint from it an adjudication

tribunal consisting of 3 persons, of whom 2 shall be chiropractors and one

shall be a representative of the public interest.

(2) The chairperson of the disciplinary panel

shall appoint one of the chiropractors on an adjudication tribunal to be the

chairperson.

Hearing

(1) Where

a complaint has been referred under paragraph 24 (3)(b),

an adjudication tribunal shall hear the complaint.

(2) The parties to a hearing are the board and the

respondent and a party may be represented by his or her counsel at a hearing.

(3) A hearing shall be conducted in public but an

adjudication tribunal may exclude the public from a hearing, or from part of

it, where it considers the desirability of protecting a party to the complaint

or a witness against the consequences of possible disclosure of personal

matters outweigh the desirability of holding the hearing in public.

Copies of books,

etc. as evidence

27. A

copy or extract of a book, record, document or thing certified by

(

a) a member of the complaints authorization

committee; or

(

b) a person authorized under subsection 24 (4) to conduct an inspection,

who made the copy or extract under

subsection 24 (4) is admissible in evidence in

an action, proceeding or prosecution, in the absence of evidence to the

contrary, as evidence of the original book, record, document or thing and its

contents.

Guilty plea by

respondent

(1) Where

a respondent pleads guilty to one or more of the charges set out in a

complaint, the adjudication tribunal shall, without calling evidence or hearing

witnesses, unless the tribunal believes it is appropriate to do so, hear

submissions from the parties.

(2) Where a respondent pleads guilty, and

following submissions under subsection (1), the adjudication tribunal may

(

a) reprimand the respondent;

(

b) order that the respondent be suspended for a

fixed period that it considers appropriate, until conditions which it may

impose are fulfilled, or until further order of the adjudication tribunal;

(

c) allow or direct the respondent to surrender

his or her licence to the board upon those conditions that may be considered

appropriate and strike the respondent's name from the register;

(

d) impose a fine not to exceed $10,000 to be paid

to the board;

(

e) order that the respondent pay the costs or a

part of the costs incurred by the board in the investigation and hearing of the

complaint;

(

f) order that the registrar publish a

summary of

the decision including the information set out in subsection 30 (4) and other information that the tribunal may

specify; and

(

g) order that the respondent comply with one or

more of the following:

(

i) make restitution to the complainant or other

person affected by the conduct of the respondent,

(ii) obtain medical treatment,

(iii) obtain counselling,

(iv) obtain substance abuse counselling or

treatment, until the respondent can demonstrate to the board or other body or

person designated by the adjudication tribunal that a condition related to

substance abuse rendering the respondent incapable or unfit to practise has

been overcome,

(

v) engage in continuing education programs,

(vi) complete a course of studies satisfactory to

the board or another body or person designated by the adjudication tribunal,

(vii) report on his or her compliance with an order

made under this

section and authorize others involved with his or her treatment

or supervision to report on it,

(viii) restrict his or her professional practice or

continue his or her practice under specified conditions,

(ix) permit periodic inspection of records relating

to his or her practice, or

(

x) impose other requirements that are just and

reasonable in the circumstances.

(3) The costs incurred by the board to ensure the

compliance of a respondent with an order or direction of an adjudication

tribunal under this

section shall be borne by the respondent.

Powers of adjudication

tribunal

(1) Upon

the hearing of a complaint, an adjudication tribunal shall decide whether or not

a respondent is guilty of conduct deserving of sanction.

(2) Where an adjudication tribunal decides that a

respondent is not guilty, it shall dismiss the complaint and may, where it

believes that the submission of the complaint to the tribunal for a hearing was

unreasonable,

(

a) order that those costs that the tribunal

considers appropriate be paid by the board to the respondent; and

(

b) make another order that it considers

appropriate.

(3) Where an adjudication tribunal decides that a

respondent is guilty, it may

(

a) reprimand the respondent;

(

b) order that the respondent be suspended for a

fixed period that it considers appropriate, until conditions which it may

impose are fulfilled, or until further order of the adjudication tribunal;

(

c) allow or direct the respondent to surrender

his or her licence to the board upon those conditions that may be considered

appropriate and strike the respondent's name from the register;

(

d) impose a fine not to exceed $10,000 to be paid

to the board;

(

e) order that the respondent pay the costs or a

part of the costs incurred by the board in the investigation and hearing of the

complaint;

(

f) order that the registrar publish a

summary of

the decision including the information set out in subsection 30 (4) and other information that the tribunal may

specify; and

(

g) order that the respondent comply with one or

more of the following:

(

i) make restitution to the complainant or other

person affected by the conduct of the respondent,

(ii) obtain medical treatment,

(iii) obtain counselling,

(iv) obtain substance abuse counselling or

treatment, until the respondent can demonstrate to the board or other body or

person designated by the adjudication tribunal that a condition related to

substance abuse rendering the respondent incapable or unfit to practise has

been overcome,

(

v) engage in continuing education programs,

(vi) complete a course of studies to the

satisfaction of the board or other body or person designated by the adjudication

tribunal,

(vii) report on his or her compliance with an order

made under this

section and authorize others involved with his or her treatment

or supervision to report on it,

(viii) restrict his or her professional practice or

continue his or her practice under specified conditions,

(ix) permit periodic inspection of records relating

to his or her practice, or

(

x) impose other requirements that are just and

reasonable in the circumstances.

(4) The costs incurred by the board to ensure the

compliance of a respondent with an order or direction of an adjudication

tribunal under this

section shall be borne by the respondent.

Filing and publication

of decisions

(1) An

adjudication tribunal shall file a decision or order made under subsection 28 (2) or 29 (2) or

(3) with the registrar and provide a copy to the complainant and the respondent and

the respondent's employer.

(2) The registrar shall maintain a copy of a

decision or order filed under subsection (1) for a minimum of 5 years after the

day the decision is filed and shall upon receiving a request to view the

disciplinary records in relation to a chiropractor permit a person to view those

records.

(3) The registrar shall publish a

summary of a decision

or order of an adjudication tribunal in a newspaper of general circulation in

or nearest to the community in which the respondent practises within 14 days of

the expiry of the appeal period provided in

section 36 ,

unless a court otherwise orders, where the decision or order

(

a) suspends the respondent;

(

b) allows or directs the respondent to surrender

his or her licence;

(

c) restricts the respondent's practice;

(

d) specifies conditions for the continuing

practice of the respondent; or

(

e) requires that a

summary of the decision or

order be published.

(4) The

summary of the decision published under

subsection (3) shall include

(

a) the name of the respondent and the address

where he or she practises;

(

b) the date, location and a brief description of

the conduct of the respondent that was found to be deserving of sanction;

(

c) the name of the complainant, unless the

complainant has requested that his or her name be withheld;

(

d) the contents of the order in relation to the

actions referenced in paragraphs (3)(

a) to (d); and

(

e) other information specified for publication in

the decision or order.

(5) Where a decision published under this

section

is varied or set aside, the registrar shall within 14 days of the filing of the

subsequent decision or order publish a

summary of the decision or order and

subsections (2) and (3) apply, with the necessary changes.

(6) The registrar may give notice of the decision

and information respecting the decision to the other persons the board may

direct and shall, in a certificate of good standing issued in relation to the respondent,

include a

summary of the decision.

De-registration

and suspension

(1) Where

a chiropractor is allowed or directed to surrender his or her licence, his or

her rights and privileges to practice chiropractic cease.

(2) Where a chiropractor is suspended, his or her

rights and privileges to practice chiropractic cease for the period of suspension.

(3) Where conditions or restrictions have been

imposed upon a respondent's ability to carry on his or her practice, his or her

rights and privileges to practice chiropractic shall be limited to the extent

specified by the conditions or restrictions.

Failure to comply

(1) On

application by the board to the disciplinary panel, an adjudication tribunal

may make an order suspending the rights and privileges of a respondent where it

determines that the respondent has failed to comply with a decision or an order

under subsection 28 (2) or 29 (3).

(2) The parties to the application are the board

and the respondent.

(3) An order of an adjudication tribunal under

this

section may suspend the rights and privileges of the respondent for a

fixed period that the adjudication tribunal may consider appropriate, or until

conditions which it may impose are fulfilled, or until further order of the

adjudication tribunal.

Re-hearing

(1) Where

a decision or order of an adjudication tribunal

(

a) suspends a respondent;

(

b) allows or directs a respondent to surrender

his or her licence;

(

c) restricts a respondent's practice; or

(

d) specifies conditions for the continuing

practice of a respondent,

and where the respondent alleges that new

evidence has become available or a material change in circumstances has

occurred since the making of the decision or order, the respondent may apply to

the complaints authorization committee for a supplementary hearing to discharge

or vary the decision or order based on the new evidence or material change in

circumstances.

(2) An application under subsection (1) shall be

made not more than 90 days after the new evidence becomes available or the material

change in circumstances has occurred.

(3) Where an application is made to the complaints

authorization committee under subsection (1), and the committee is of the opinion

that new evidence has become available or that a material change in circumstances

has occurred, as alleged by a respondent, the matter shall be referred to an

adjudication tribunal as if it were a matter referred under paragraph 24 (3)(

b) and sections 26

to 31 apply, with the necessary changes, to the

referred matter.

(4) The parties to a supplementary hearing under

this

section are the respondent and the board.

(5) For the purpose of this section, in addition

to an order that an adjudication tribunal may make under

section 29 , a tribunal may

(

a) vary the original decision or order made under

section 29 ; or

(

b) discharge the original decision or order, with

or without conditions.

Costs of board

(1) Where

a person who was ordered to pay the costs of the board under paragraph 28 (2)(

e) or 29 (3)(

e) fails to pay in the time required, the board may suspend the licence of that

person until the costs are paid.

(2) Costs ordered by the board under paragraph 28 (2)(

e) or 29 (3)(

e) are a debt due the board and may be recovered by a civil action.

Collection of

fine

(1) Where

an order is made under

section 28 or 29 imposing a fine or ordering costs on a respondent,

the board may issue a certificate stating the amount of the fine or costs due

and remaining unpaid and the name of the person by whom it is payable, and file

the certificate with the Registrar of the Supreme Court.

(2) Where a certificate is filed with the

Registrar of the Supreme Court under subsection (1), it has the same effect and

all proceedings may be taken on the certificate as if it were a judgment of the

Trial Division for the recovery of the amount stated in the certificate against

the person named in the certificate.

(3) A person named in a certificate filed under

this

section may, within 30 days after the certificate is filed, apply to a

judge of the Trial Division for a review, on a question of law or jurisdiction,

of the certificate.

(4) On application under subsection (3), the judge

may make any amendment to the certificate that is necessary to make the certificate

accord with the judge's decision.

(5) There is no appeal from a decision of a judge

made under this section.

(6) A certificate filed under this

section may

also be filed in the judgment enforcement registry on the expiration of the 30

day period referred to in subsection (3) in accordance with

Part III of the

Judgment Enforcement Act and be

enforced in accordance with that Act.

Appeal to Trial

Division

(1) The

board or a respondent may, within 30 days after receiving notice of a decision

or order of an adjudication tribunal under this Act, appeal the decision or

order to the Trial Division by filing a notice of appeal with the Registrar of

the Supreme Court.

(2) An appeal under this

section does not stay the

decision or order being appealed unless the Trial Division orders otherwise.

Action prohibited

37. An

action for damages shall not lie against the board, disciplinary panel, an

adjudication tribunal or the individual members of those bodies, a person

appointed to conduct an investigation under subsection 24 (4), the registrar, or an officer or employee of

the board for

(

a) an act or failure to act, or a proceeding

initiated or carried out in good faith under this Act, or carrying out their

duties or obligations as an officer, employee or member under this Act; or

(

b) for a decision or order made or enforced in

good faith under this Act.

Regulations

(1) The

board may, with the approval of the minister, make regulations

(

a) respecting the licensing of a person to

practise as a chiropractor, including issuing different classes of licences, and

for the renewal of licences;

(

b) prescribing continuing competency and

education requirements related to licensing;

(

c) respecting the requirements of a chiropractor

to carry professional liability insurance;

(

d) respecting the registration and annual

licensing of professional chiropractic corporations;

(

e) respecting the use, maintenance of and access

to x-ray facilities and the type of x-ray procedure or service which may be

requested or prescribed by a chiropractor;

(

f) respecting alternative dispute resolution for

the purposes of sections 20 to 37 and the procedure for that resolution; and

(

g) prescribing time limits for events in the

disciplinary process in sections 20 to 37 , including time limits for:

(

i) the filing of an allegation,

(ii) the resolution of an allegation by the

registrar,

(iii) the conduct of an investigation under

section 24 ,

(iv) consideration of an allegation by the

complaints authorization committee following completion of an investigation,

(

v) responding to a complainant and respondent at

each stage of the process,

(vi) the conduct of a practice investigation under

subsection 24 (1),

(vii) the appointment of an adjudication panel under

section 25 , and

(viii) the conduct of a hearing and the filing of a

decision or order by an adjudication panel following completion of the hearing.

(2) Notwithstanding subsection (1), the minister

may make regulations to prescribe time limits for events in the disciplinary

process under sections 20 to 37 where the board does not do so in a time period

the minister considers reasonable.

Prohibition

(1) A

chiropractor shall not prescribe a laboratory test or maintain, use or have

access to hospital or other laboratory services.

(2) A chiropractor may provide x-ray services to

his or her patients by prescription, to be carried out at a

(

a) chiropractic clinic; or

(

b) hospital or other health care facility.

(3) X-ray services under subsection (2) shall be

carried out as prescribed by regulation.

(4) An action or other proceeding shall not be

taken against

(

a) a hospital or other health care facility;

(

b) a medical practitioner registered under the Medical Act, 2005 and practising in a

hospital or other health care facility; or

(

c) an employee of a hospital or other health care

facility

for x-ray services properly carried out at

the request of a chiropractor.

(5) For the purpose of this

section

"hospital" means a hospital operated by a regional health authority

under the Regional Health Authorities Act.

Limitation

40. A

person registered under this Act shall not

(

a) use, direct or prescribe the use of an

anaesthetic; or

(

b) give treatments for dislocations or fractures.

Secondary

therapies

41. A

person registered under this Act may employ as an aid to treatment and as

secondary adjunctive therapies, electrotherapy, thermotherapy and counselling

in relation to exercise, nutritional supplements and diet.

Prohibition generally

(1) A

person shall not, for fee or reward, manipulate the joints of the human spinal

column, including its immediate articulations, for therapeutic purposes unless

(

a) the person is registered and licensed as a

chiropractor under this Act;

(

b) the person does so as a part of a course of

chiropractic education approved by the board; or

(

c) the person does so in connection with an

examination arranged by the board.

(2) A person shall not permit his or her agent or

employee to do

an act in contravention of subsection (1).

(3) For the purposes of subsection (1), a person

manipulates the joints referred to in that subsection for fee or reward if he

or she receives a fee or a reward for that manipulation or for a service performed

or advice given in connection with that manipulation.

Entitlement

43. A

person, corporation, partnership or other association of persons except a

chiropractor shall not

(

a) hold himself, herself or itself out as being

entitled to practise chiropractic; or

(

b) use a name, title or designation or act in a

manner that expressly or otherwise might lead to the belief that the person,

corporation, partnership or association of persons is registered and licensed

to do chiropractic under this Act.

Restriction on

professional title

44. A

chiropractor shall not, in conjunction with his or her name, or to designate

his or her profession or calling, display or make use of the prefix or title

"Doctor" or the abbreviation "Dr.", unless at the same time

he or she displays or makes use of the words "of Chiropractic" or the

word "Chiropractor", immediately preceding or following his or her

name.

Collection of

fees

45. A

chiropractor may demand, receive and sue for in a court reasonable fees for

professional services rendered and the cost of materials or appliances

supplied.

Offence

46. A

person who contravenes this Act or the regulations is guilty of an offence and

is liable on

summary conviction to a fine not exceeding $10,000 and to

imprisonment for a term not exceeding one year in default of payment or to both

a fine and imprisonment.

Evidence

47. A

certificate from the registrar stating that a licence is valid or that the name

of a chiropractor or professional chiropractic corporation is recorded in the

register is receivable in evidence as, in the absence of evidence to the

contrary, proof of the contents of it and of the signature and character of the

person signing.

Transitional

(1) The

members of the board appointed under the Act repealed by this Act continue as

members of the board for the purpose of this Act until an election is held

under this Act.

(2) An election for members of the board shall be

held within 6 months of the day this Act comes into force.

(3) The minister shall appoint the members of the

board within 30 days of the election referred to in subsection (2).

(4) At the election referred to in subsection (2),

4 persons shall be elected for a term of 3 years and 2 persons shall be elected

for a term of 2 years.

RSNL1990 cC-14

Rep.

49. The Chiropractors

Act is repealed.

Commencement

50. This Act comes into force on October 1, 2009 .

Earl G. Tucker, Queen's Printer