Second

Session, 45th General Assembly

Elizabeth II, 2005

BILL 58

AN ACT TO AMEND THE

OPTOMETRY ACT, 2004

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

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

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

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

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

HONOURABLE

JOHN OTTENHEIMER

Minister

of Health and Community Services

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

Clause 1 of the Bill would amend the Optometry Act, 2004 by including rates

of remuneration for members of an adjudication tribunal within the by-law

creation authority of the board.

Clause 2 of the Bill would amend the Act

by including a definition of costs incurred by the optometric board with

respect to the conduct of disciplinary proceedings.

Clause 3 of the Bill would amend the Act

by allowing for remuneration of disciplinary tribunal members, and would define

the powers conferred upon the complaints authorization committee and an adjudication

tribunal with respect to the investigation and hearing of allegations.

Clause 4 of the Bill would amend the Act to provide for the submission of

records as proof of a conviction.

Clause 5 of the Bill would amend the Act

to allow the copying of records.

Clause 6 of the Bill would amend the

Act by repealing subsection 29(2).

Clause 7 of the Bill would amend the Act

to allow copies of documents to be submitted as evidence in an action,

proceeding or prosecution.

Clause 8 of the Bill would amend the Act

respecting orders available to an adjudication tribunal following acceptance of

a guilty plea by a respondent.

Clause 9 of the Bill would amend the Act

respecting orders available to the adjudication tribunal upon its determination

that a respondent was guilty of an offence.

Clause 10 of the Bill would amend the

Act to correct an error of reference.

Clause 11 of the Bill would amend the

Act to give authority to the minister to prescribe time limits for events in

the disciplinary process.

A BILL

AN ACT TO AMEND THE OPTOMETRY ACT, 2004

Analysis

S.10 Amdt.

By-laws

2. S.23 Amdt.

Definitions

3. S.24 Amdt.

Committees

4. S.25 Amdt.

Allegation

5. S.27 Amdt.

Complaints authorization committee

6. S.29 Amdt.

Hearing

7. S.29.1 Added

Copies of books, etc. as evidence

8. S.30 Amdt.

Guilty plea by respondent

9. S.31 Amdt.

Powers of adjudication tribunal

10. S.33 Amdt.

De-registration and suspension

11. S.47 Amdt.

Regulations

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

SNL2004 cO-7.01

as amended

1. Paragraph 10(1)(

f) of the Optometry Act, 2004 is repealed and the following substituted:

(

f) respecting the rates of remuneration for

members of an adjudication tribunal;

(1) Paragraph 23(c)(iii) of the Act is

amended by striking out the word "a" and substituting the word "an";

(2) Section 23 of the Act is amended by adding

immediately after paragraph (

c) the following:

(c.1) "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;

(1) Section 24 of the Act is amended by

adding immediately after subsection (7) the following:

(7.1) Members of the disciplinary panel shall serve

as a member of 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 the rates set in the by-laws.

(2) Subsection 24(8) of the Act is repealed and

the following substituted:

(8) The complaints authorization committee and an

adjudication tribunal appointed under

section 28 and a person appointed by either

of them may summon an optometrist or another person and require them 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 shall have the

powers, privileges and immunities that are conferred on a commissioner

appointed under the Public Inquiries Act .

Section 25 of the Act is amended by adding

immediately after subsection (3) the following:

(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.

(1) Subparagraph 27(4)(a)(ii) of the Act is

amended by inserting immediately after the word "inspect", the words "and

copy".

(2) Paragraph 27(4)(

b) of the Act is amended by

inserting immediately after the word "inspect", the words "and

copy".

(3) Subsection 27(5) of the Act is repealed and

the following substituted:

(5) Where the registrar, a member of the board or

a person appointed by the board requires 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 by the

registrar, a member of the board or a person appointed by the board.

(4) The Act is amended by adding immediately after

subsection 27(8) the following:

(9) Subsections (4), (5) and (6) apply to the

Crown.

6. (1) Subsection 29(2) of the Act is

repealed.

(2) Subsection 29(4) of the Act is amended by

striking the word "outweigh" and replacing it with the word "outweighs".

7. The Act is amended by adding immediately after

section

29 the following:

Copies of books,

etc. as evidence

29.1 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 27(4) to

conduct an in s pection,

who made the copy or extract under

subsection 27(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.

8. (1) Paragraph 30(2)(

c) of the Act is

repealed and the following substituted:

(

c) allow or direct the respondent to surrender

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

appropriate and, where the respondent's name appears on the register maintained

under this Act, strike the respondent's name from the register;

(2) Paragraph 30(2)(

d) of the Act is repealed and

the following substituted:

(

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

to the board;

(3) Paragraph 30(2)(

g) of the Act is repealed and

the following substituted:

(

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 or obtain

supervised clinical experience, or both, to the satisfaction of 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 his or her practice,

(

x) permit periodic inspection of records relating

to his or her practice, or

(xi) impose other requirements that are just and

reasonable in the circumstances.

(4) Section 30 of the Act is amended by adding

immediately after subsection (2) the following:

(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.

9. (1) Paragraph 31(3)(

c) of the Act is repealed

and the following substituted:

(

c) allow or direct the respondent to surrender

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

appropriate and, where the respondent's name appears on the register maintained

under this Act, strike the respondent's name from the register;

(2) Paragraph 31(3)(

d) of the Act is repealed and

the following substituted:

(

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

to the board;

(3) Paragraph 31(3)(

g) of the Act is repealed and

the following substituted:

(

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 or obtain

supervised clinical experience, or both, to the satisfaction of 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 his or her practice,

(

x) permit period inspection of records relating

to his or her practice, or

(xi) impose other requirements that are just and

reasonable in the circumstances.

(4) Section 31 of the Act is amended by adding

immediately after paragraph (3)(

g) the following:

(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.

10. Subsections 33(1) and (2) of the Act are

amended by striking out the word "practitioner" and substituting the

word "respondent".

(1) Section 47 of the Act is amended by

renumbering it as subsection 47(1).

(2) Paragraph 47(1)(

g) of the Act is repealed and

the following substituted:

(

g) prescribing time limits for events in the

disciplinary process in

Part IV, including time limits for

(

i) the filing of an allegation,

(ii) the resolving of an allegation by the registrar,

(iii) the conduct of an investigation under

section

27,

(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

subparagraph 27(3)(c)(ii),

(vii) the appointment of an adjudication tribunal

under

section 28, and

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

decision or order by an adjudication tribunal following completion of the

hearing.

(3) Section 47 of the Act is amended by adding

immediately after subsection (1) the following:

(2) Notwithstanding paragraph (1)(g), the minister

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

process in

Part IV where the board has not done so in a time period which the

minister considers reasonable.

Earl G. Tucker, Queen's Printer