Bill 84 — Second Session, 19Th Legislature, 29 Elizabeth Ii the Legislative Assembly of Alberta Bill 84 the Health Occupations Act (Legislature 19, Session 2)

L19 S2 4123

Alberta — Bills

1980 BILL 84 Second Session, 19th Legislature, 29 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 84 THE HEALTH OCCUPATIONS ACT THE MINISTER OF SOCIAL SERVICES AND COMMUNITY HEALTH First Reading Second Reading Committee of the Whole Third Reading Royal Assent Title: 1980 (19th, 2nd) Bill 84, The Health Occupations Act

THE HEALTH OCCUPATIONS ACT TABLE OF CONTENTS

Section No.

Definitions 1

PART 1 SCOPE OF PRACTICE Prohibitions and exclusion from Act 2

PART 2 HEALTH OCCUPATIONS BOARD AND COMMITTEES Health Occupations Board 3 Investigations by Board 4 Health Occupations Committee 5 Powers of a Committee 6 Committee attendance at Board meetings 7

PART 3 REGISTRATION Registrar and personnel 8 Delegation of Registrar's powers 9 Investigations by the Registrar 10 Registers 11 Eligibility for registration 12 Registration 13 Review of application by a Committee 14 Review of refusal to register 15 Annual return and cancellation of registration 16 Cancellation of registration with registered member's consent 17

PART 4 COMPLAINT PROCEEDINGS Complaints 18 Determination of unbecoming conduct and lack of skill 19 1

Hearings on complaints 20 Default orders 21 Effect of suspension 22

PART 5 REVIEWS AND APPEALS Reviews by the Board 23 Hearings by the Board 24 Appeals to the Court 25 Powers of the Court 26

PART 6 GENERAL PROVISIONS Regulations 27 Lieutenant Governor’s power to make, amend or repeal regulations 28 Methods of service of documents 29 Confidential information 30 Eligibility of Board and Committee members 31 Offences 32 The Dental Association Act amended 33 The Emergency Medical Aid Act amended 34 The Alberta Health Care Insurance Act amended 35 The Alberta Hospitals Act amended 36 The Medical Profession Act, 1975 amended 37 The Public Health Act amended 38 Commencement 39 2

Bill 84 BILL 84 1980 THE HEALTH OCCUPATIONS ACT (Assented to , 1980) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1 In this Act, (a) “Board” means the Health Occupations Board established under this Act; (b) “Committee” means a Health Occupation Committee es tablished under this Act; (c) “Department” means the Department of Social Services and Community Health; (d) “designated health occupation” means a health occupation designated by a regulation under

section 27(1)(

a) as a health occupation to which this Act applies; (e) “Minister” means the Minister of Social Services and Com munity Health; (f) “Registrar” means the Registrar of Health Occupations.

PART 1 SCOPE OF PRACTICE 2(1) No person other than a person who is registered under this Act shall use (

a) the name of a designated health occupation, alone or in 1

Explanatory Notes 1

Definitions. 2 Prohibitions and exclusion from Act. 1

combination with other words, in a manner so as to express or imply that he is entitled to practise in that designated health occupation, or (

b) any name, title, description or abbreviation in any manner so as to express or imply that he is registered under this Act.

(2) A person who is registered under this Act shall (

a) perform only those health services that are prescribed in the regulations for the designated health occupation for which he is registered, and (

b) perform the services referred to in clause (

a) only in ac cordance with any conditions or restrictions that are prescribed in the regulations with respect to them.

(3) Nothing in this Act shall be construed to affect or restrict (

a) the right of a person who operates (

i) an approved hospital as defined in The Alberta Hospitals Act, (ii) a contract nursing home as defined in The Nursing Homes Act, or (iii) an institution or facility or under a program operated or approved by the Minister to prescribe the duties, whether in accordance with a collective agreement or otherwise, of his employees who are registered members of a designated health occupation, or (

b) the right of an employee who is a registered member of a designated health occupation to perform duties prescribed as mentioned in clause (a).

(4) This Act does not apply to a person who is entitled to practise a health occupation under any other Act.

PART 2 HEALTH OCCUPATIONS BOARD AND COMMITTEES 3(1) There is hereby established a board called the Health Occu pations Board consisting of not more than 9 members appointed, each for a term not exceeding 3 years, by the Lieutenant Governor 2

3 Health Occupations Board. 2

in Council as follows: (

a) at least one but not more than 3 members of the College of Physicians and Surgeons of Alberta, and (

b) at least 6 but not more than 8 other persons.

(2) The Lieutenant Governor in Council shall designate one of the members of the Board to be chairman and another to be deputy chairman.

(3) In the absence of the chairman and deputy chairman at a meeting of the Board, the members present shall appoint a member to preside at that meeting.

(4) The Registrar shall act as secretary to the Board.

(5) The Lieutenant Governor in Council may fill a vacancy in the Board by appointing a person as a member to serve the unexpired term of office of the former member, but no vacancy on the Board impairs the right of the remaining members to act until the vacancy is filled.

(6) A member is eligible to be re-appointed for not more than one additional consecutive term.

(7) An employee of the Department of Advanced Education and Manpower designated by the Minister of Advanced Education and Manpower is entitled (

a) to receive notice of meetings of the Board, and (

b) to attend meetings of the Board.

(8) A member of the Board who is not an employee of the Gov ernment may be paid remuneration for his services and an allowance for the expenses necessarily incurred in the performance of his duties, at the rates prescribed by the Minister.

(9) The Board may make rules governing the calling of and conduct of meetings of the Board and any other matters pertaining to its business and affairs.

(10) The Chairman may at any time call a meeting that he considers necessary or desirable and shall call a meeting at the request of not less than 4 members of the Board.

(11) The Board shall meet at least 4 times a year.

(12) Six members of the Board then holding office constitute a quorum at a meeting of the Board. 3

(13) The Minister may provide to the Board at no cost to it any supplies and the services of employees of the Government under his administration to carry out any work that in the opinion of the Min ister may reasonably be required by the Board to enable it to perform its functions under this Act. 4(1) The Board shall conduct an investigation into a health occu pation in respect of which (

a) an application has been made by or on behalf of an asso ciation of persons who are engaged in that health occupation for it to be designated as a designated health occupation under this Act, or (

b) the Minister has directed the Board to make an investigation for the purpose of determining if the health occupation should be designated as a designated health occupation under this Act.

(2) In conducting an investigation into a health occupation under subsection (1) the Board shall consult with any association of persons engaged in the practice of that health occupation or any association of persons that has as one of its objects the advancement or promotion of the practice of that health occupation.

(3) In conducting an investigation into a health occupation under subsection (1), the Board shall ascertain (

a) the tasks involved in the practice of that health occupation and the complexity of those tasks. (

b) the degree of direction or supervision that a person who engages in the practice of that health occupation in the course of his employment receives with respect to that practice. (

c) what educational programs approved by the Minister of Ad vanced Education and Manpower exist in Alberta for that health occupation, and (

d) what educational programs exist outside of Alberta for that health occupation.

(4) The Board shall, having regard to the matters ascertained under subsection (3), (

a) evaluate the degree of direct and personal impact that the care or treatment that is normally provided by a person engaged in the practice of that health occupation may have on the health of persons to whom that care or treatment is provided. 4

4 Investigations by the Board. 4

(

b) determine what services members of that health occupation may provide to persons requiring care and treatment within the scope of that health occupation and any limitations or conditions applicable to the provision of those services, (

c) evaluate the extent of independence of practice in that health occupation that is necessary or desirable for a person who is, in the course of his employment, engaged in that practice, (

d) consider what qualifications may be desirable for applicants for registration to practise in that health occupation, whether with respect to education, training or possession of a specified body of knowledge or technical proficiency, and (

e) consider what may be minimum standards of competency to be required of members of that health occupation in the practice of their occupation.

(5) On completing an investigation under subsection (1), the Board shall, if it is satisfied, having regard to the matters ascertained, evaluated, determined and considered under subsections (3) and (4), that the potential for and degree of risk of harm to the public that may result from the practice of that health occupation is such that the health occupation investigated by the Board should be a desig nated health occupation under this Act, designate that health occu pation as a designated health occupation by regulation under

section 27(1)(a). 5(1) The Minister shall by order (

a) establish a Health Occupation Committee for each designated health occupation, and (

b) designate for each Committee so established a name indi cating the designated health occupation for which it is established.

(2) A Committee shall consist of not less than 3 and not more than 9 members appointed by the Minister who are currently associated with and. in the opinion of the Minister, are knowledgeable with respect to the practice of the designated health occupation for which the Committee is established.

(3) The Minister shall designate one of the members of a Committee to be chairman.

(4) In the absence of the chairman at a meeting of a Committee, the members present shall appoint a member to preside at that meet ing. 5

5 Health Occupations Committee. 5

(5) The Registrar shall act as secretary to a Committee.

(6) If at the time of appointment of the members of a Committee one or more associations of persons exist that are engaged in a health occupation the same as or similar to the designated health occupation, the majority of the members of the Committee shall be appointed from the members of that association of persons that, in the opinion of the Minister, represents the greatest number of all persons engaged in Alberta in that health occupation.

(7) Each member of a Committee shall, subject to subsection (8), be appointed for a term prescribed by the Minister so as to provide for the periodic replacement of members without loss in continuity of membership on the Committee.

(8) At the expiration of the first term of each of the members of a Committee, any members appointed or reappointed by the Minister shall, in addition to meeting the other criteria prescribed in this section, be registered under this Act to practise that health occupa tion, if a register for that health occupation has been established.

(9) A member of a Committee who is not an employee of the government may be paid remuneration for his services and an al lowance for the expenses necessarily incurred in the performance of his duties, at the rates prescribed by the Minister.

(10) A Committee may make rules governing the calling of and conduct of meetings of the Committee and any other matters per taining to its business and affairs.

(11) A majority of the members of a Committee then holding office constitutes a quorum at a meeting of the Committee.

(12) The Minister may provide to a Committee at no cost to it any supplies and the services of employees of the Government under his administration to carry out any work that in the opinion of the Min ister may reasonably be required by the Committee to enable it to perform its functions under this Act. 6 A Committee shall, in relation to the designated health occupation for which it was established, (

a) advise the Registrar with respect to applications for regis tration to practise in that designated health occupation, (

b) investigate complaints respecting unprofessional conduct or incompetence of a registered member of that designated health occupation, (

c) advise the Board with respect to the services that may be provided by registered members of that designated health oc cupation, including any limitations or conditions under which those services may be provided. 6

6 Powers of a Committee. 6

(

d) advise the Board with respect to standards of conduct for or competency of registered members of that designated health oc cupation in the practice of their occupation, (

e) advise the Board with respect to applications for registration to practise in that designated health occupation to which

section 12(2) applies, and (

f) advise the Board with respect to the qualifications of and training desirable for applicants for registration to practise in that designated health occupation. 7(1) The members of a Committee are entitled (

a) to receive notice of a Board meeting at which matters will be considered that relate to the designated health occupation for which that Committee was established, and (

b) to attend meetings referred to in clause (a).

(2) A Committee may request the Board to hold a meeting to con sider matters contained in regulations or that the Committee desires to be included in regulations that relate to the designated health occupation for which that Committee was established and the Board shall, within 60 days from the date of receipt of the request, hold a meeting to enable the Committee to make representations to it respecting that designated health occupation.

(3) A request under subsection (2) shall be in writing and describe the matters with respect to which the Committee intends to make representations to the Board.

PART 3 REGISTRATION 8 In accordance with The Public Service Act there may be appointed a Registrar of Health Occupations and any other persons who are necessary for the administration of this Act. 9 The Registrar may authorize in writing an employee of the Gov ernment employed in the Department or a member of a Committee to do any act or thing required or permitted to be done by the Registrar under this Act or the regulations. 7

7 Committee attendance at Board meetings. 8 Registrar and personnel. 9 Delegation of Registrar's powers. 7

10 The Registrar shall, when directed to do so by the Board, ex amine, inquire into, study and report to it on any matter that the Board considers necessary for the purpose of obtaining information for conducting an investigation under

section 4 or for dealing with an application for registration to which

section 12(2) applies. 11(1) The Registrar shall establish and maintain, in accordance with the regulations, a register for each designated health occupation.

(2) The Registrar shall, during regular office hours, permit the in spection by any person of the register for a designated health oc cupation.

(3) The Registrar shall annually submit to the Minister a report on all matters of registration under this Act and on the activities of the Board and Committees. 12(1) Subject to subsection (2). a person is eligible to be registered to practise in a designated health occupation if that person (

a) has the qualifications prescribed in the regulations, and (

b) is of good character and reputation.

(2) The Registrar shall not register a person without the approval of the Board if, as a result of disciplinary action by a regulating body governing the provision of health services outside of Alberta in re spect of any matter apparently involving the person's skill, judgment or other abilities required to practise in the health occupation, or his conduct in practising the health occupation, the person is not entitled outside of Alberta to practise in the health occupation, either tem porarily or permanently. 13 If the Registrar is satisfied that a person applying for registration is eligible to be registered under

section 12(1) and, when

section 8 (3) The Board may approve the registration of a person who is not entitled to practise in a health occupation outside Alberta as a result of the disciplinary action referred to in subsection (2) if the Board is satisfied that (

a) the disciplinary action was not in respect of any matter that would have resulted in the cancellation of registration under this Act because of unbecoming conduct, lack of skill or judgment, or unfitness to practise in the health occupation within the mean ing of this Act or the regulations, of a registered member of a designated health occupation, and (

b) the person applying for registration is otherwise eligible to be registered under subsection (1).

10 Investigations by the Registrar. 11 Registers. 12 Eligibility for registration. 13 Registration. 8

12(2) applies, the Board has approved that person's registration under

section 12(3), he shall enter in the register for the appropriate des ignated health occupation the name of the person and any other information prescribed in the regulations. 14(1) If the Registrar is not satisfied that a person applying for registration is eligible to be registered under

section 12(1), he shall refer the application to the Committee established for that designated health occupation.

(2) The Committee, upon reviewing an application referred to it under subsection (1) or when requested under

section 15(1), shall (

a) if it is satisfied that the person applying for registration is eligible to be registered under

section 12(1), so advise the Re gistrar, or (

b) if it is not satisfied that the person applying for registration is eligible to be registered under

section 12(1), advise the Re gistrar in writing of the reasons why it is not so satisfied.

(3) The Registrar, upon being advised by a Committee under sub section (2) or

section 15(2) with respect to an application referred to it under subsection (1) or a request under

section 15(1), shall (

a) if the Committee is satisfied that the person applying for registration is eligible to be registered under

section 12(1), reg ister the person, or (

b) if the Committee is not satisfied that the person applying for registration is eligible to be registered under

section 12(1). (

i) immediately serve on that person a copy of the Com mittee's advice to him and the reasons for it, and (ii) not register that person. 15(1) If the Registrar has not registered a person or has refused to register a person within 60 days after the date on which the Registrar received an application, the application shall be deemed to have been refused on the last day of that 60-day period, and the person applying for registration may request a review of the application by the Com mittee to determine if that person is eligible to be registered under

section 12(1).

(2) The Committee shall, within 30 days of receiving a request under subsection (1), review and advise the Registrar with respect to the application in accordance with

section 14(2), and the Registrar shall deal with the Committee's advice in accordance with

section 14(3). 9;

14 Review of application by a Committee. 15 Review of refusal to register. 9

16(1) A registered member of a designated health occupation shall annually on or before the date prescribed in the regulations in respect of that designated health occupation submit to the Registrar a return in the form prescribed in the regulations.

(2) If a registered member of a designated health occupation fails to submit a return as required under subsection (1). the Registrar may cancel that member's registration after the expiration of one month following the service on that member of a written notice by the Registrar of his intention to cancel the registration unless that member submits the return to the Registrar within the time prescribed in the notice.

(3) The Registrar shall, if a return submitted under subsection (2) indicates that the person who submitted the return (

a) has practised the occupation to which his registration applies for less than 30 days out of the year to which the return applies, and (

b) has not participated in an educational or training program that relates to the practice of the health occupation refer the return to the Committee established for the designated health occupation of which that person is a member.

(4) The Committee, upon receiving a return referred to it under subsection (3), may, if it is satisfied that the person has failed to maintain, on a continuing basis, his competency in the health oc cupation cither through actively engaging in the practice of that health occupation or through involvement in educational or training pro grams that relate to that health occupation, order the person named in the return to (

a) take a training program, (

b) pass an examination, or (

c) take a training program and pass an examination as prescribed in the regulations within a period of time specified by the Committee.

(5) If a person does not take a training program or pass an exam ination or both as ordered under subsection (4) within the period of time specified by the Committee or, on appeal, by the Board, the Committee or Board may direct the Registrar to cancel that person's registration. 17 The Registrar may cancel the registration of a registered member of a designated health occupation at the request or with the consent of that member. 10

16 Annual return and cancellation of registration. 17 Cancellation of registration with registered member's consent. 10

PART 4 COMPLAINT PROCEEDINGS 18 A person who (

a) has a complaint respecting the skill or judgment of a reg istered member of a designated health occupation in the practice of his occupation, or his fitness to practise his occupation, or his conduct, whether in an occupational capacity or otherwise, or (

b) has reason to believe that a registered member of a designated health occupation has provided health services other than those health services that he is authorized to provide under this Act or the regulations, may make a complaint in writing to the appropriate Committee. 19 For the purposes of this Act, the determination of whether a person registered under this Act (

a) has been guilty of unbecoming conduct, whether in an oc cupational capacity or otherwise, or (

b) has displayed a lack of skill or judgment in the practice of his occupation or is unfit to practise his occupation is a question of fact for the determination of the Committee, the Board, or, on appeal, for the final determination of the Court of Queen's Bench. 20(1) Upon review of a complaint under

section 18, a Committee shall (

a) if it is of the opinion that the complaint is frivolous or vex atious, direct that no further action be taken, or (

b) in any other case, hold a hearing with respect to it.

(2) If a Committee holds a hearing with respect to a complaint, it shall serve, not less than 30 days before the date of the hearing. (

a) a copy of the complaint and a notice of the hearing on the person named in the complaint, and 11

18 Complaints. 19 Determination of unbecoming conduct and lack of skill. 20 Hearings on complaints. 11

(

b) a notice of the hearing on the complainant.

(3) The Committee may adjourn a hearing from time to time.

(4) The Committee may at a hearing (

a) examine witnesses under oath administered by its chairman or, in the absence of the chairman, the member appointed to act under

section 5(4), (

b) require the attendance of the person named in the complaint and any other witnesses, and (

c) require the production of books, papers, records or other documents relevant to the proceedings.

(5) The chairman may issue and serve on the person to whom it is directed a notice requiring (

a) the attendance of the person named in the notice, or (

b) the production of books, papers and other documents at the hearing stating the time and place at which the person named in the notice shall attend to give evidence and to produce the documents, if any, that he is required to produce.

(6) A notice issued under subsection (5) has the force of a subpoena issued out of the Court of Queen’s Bench.

(7) The person named in the complaint and the complainant may make oral representations to and may be represented at a hearing by counsel or an agent.

(8) If the person whose conduct is the subject of a complaint does not attend a hearing, the Committee may, upon proof of service of the notice issued under subsection (2), (

a) direct the Registrar to suspend that person’s registration until it has made a decision with respect to the complaint, and (

b) hold the hearing in the person’s absence.

(9) The Committee, if it is satisfied that a complaint against a person has been proven in whole or in part, may, by order, do any one or more of the following: (

a) reprimand the person; (

b) direct the person to pay a fine of not more than $500; (

c) direct the suspension of the person’s registration for a stated 12

period; (

d) direct the cancellation of the person's registration; (

e) impose any conditions or restrictions on the practice of the designated health occupation by the person that it considers ap propriate; (

f) order the person to pay the costs of the investigation and hearing; (

g) require the person to take the training prescribed in the reg ulations at the times and in the manner specified in the order.

(10) A fine ordered to be paid pursuant to subsection (9)(

b) and any costs ordered to be paid pursuant to subsection (9)(

f) shall be paid into the General Revenue Fund.

(11) The Committee shall serve the order together with written rea sons for making the order on the person in respect of whom it is made and on the complainant, and shall send a copy of the order to the Registrar. 21 Upon receiving the written direction of a Committee under sec tion 20(8) to suspend the registration of the person named in a complaint, the Registrar shall suspend that person’s registration, and upon making the suspension shall serve on that person a notice in writing informing him of the suspension and any terms or conditions applicable to it. 22 A person whose registration is suspended under this Act shall not practise in the designated health occupation for which he is registered until he is notified by the Registrar in writing that the suspension has been revoked by the Registrar or until the suspension has expired in accordance with its terms.

PART 5 REVIEWS AND APPEALS 23(1) A person who has not been registered by the Registrar in accordance with

section 14(3)(

b) may, within 30 days after the date of service of the Committee's advice and the reasons for it, in writing request the Board to review the Committee's advice.

(2) A person in respect of whom an order has been made under 13

21 Default orders. 22 Effect of suspension. 23 Reviews by the Board. 13

section 16(4) may, within 30 days of the date of the service of the order and the reasons for it, in writing request the Board to review the order.

(3) A person in respect of whom an order has been made under

section 20(9), or the complainant may, within 30 days of the date of the service of the order and the reasons for it, in writing request the Board to review the order.

(4) The Board shall within 30 days of the receipt of a request for a review under subsection (1), (2) or (3) review the advice or order and the reasons for it in accordance with

section 24.

(5) If a complaint against a registered member of a designated health occupation under this Act has not been disposed of by a Committee within 60 days after the complaint is made, the complainant may in writing request the Board to conduct a hearing and the Board shall, as soon as practical, conduct a hearing in accordance with

section 24. 24(1) The Board (

a) on a review under

section 23(4), shall dispose of the matter reviewed in accordance with

section 20(1), or (

b) on conducting a hearing on a complaint under

section 23(5). shall comply with

section 20(2). (

c) has, in the case of a hearing, all the powers of a Committee under sections 20(3), (4), (5), (8) and (9), and (

d) shall, in the case of a review or a hearing, advise the Registrar in writing of its decision and provide him with the reasons for its decision.

(2) The person named in the complaint and the complainant may make oral representations to and may be represented at a hearing by counsel or an agent.

(3) The Board may, on reviewing a Committee's advice to which

section 23(1) applies or an order to which

section 23(2) or (3) applies, confirm, reverse or vary the decision of the Committee.

(4) Upon receiving the Board's decision, the Registrar shall do all things necessary to carry out the Board’s decision and shall serve (

a) in the case of a review to which

section 23(1) or (2) applies the applicant, and (

b) in the case of an order to which

section 23(3) applies, the complainant and the person named in the complaint. 14

24 Hearings by the Board. 14

with a copy of the Board's decision and of the reasons for its decision. 25(1) A party to proceedings before the Board under

section 24 may, within 30 days of the date of service of the decision of the Board, appeal to the Court of Queen's Bench by way of originating notice.

(2) The originating notice shall (

a) name the Board as the respondent, (

b) state the reasons for the appeal, and (

c) be served on the Registrar, the Board and any other party to the proceedings, within 30 days of the date of service of the order of the Board.

(3) An appeal under this

section shall be by way of a rehearing of the matter on the merits. 26(1) The Court, upon hearing the appeal, may make any findings of fact that in its opinion ought to have been made and may (

a) reverse, confirm or vary any decision or order made by the Board or substitute its own decision for the decision of the Board, or (

b) refer the matter back to the Board for further consideration by it.

(2) The Court may make any award respecting the costs of an appeal that it considers appropriate.

PART 6 GENERAL PROVISIONS 27(1) The Board may make regulations (

a) designating a health occupation as a health occupation to which this Act applies; (

b) prescribing the services that a designated health occupation may provide; 15

25 Appeals to the Court. 26 Powers of the Court. 27 Regulations. 15

(

c) prescribing conditions under which or limitations within which a designated health occupation may provide services; (

d) establishing the qualifications and conditions of eligibility of persons who may apply for registration to practise in a de signated health occupation; (

e) prescribing forms for the purposes of this Act; (

f) respecting registers to be kept under

section 11; (

g) prescribing standards of conduct and competency of mem bers of a designated health occupation; (

h) prescribing, in respect of a designated health occupation, a date or dates for the purposes of

section 16(1); (

i) respecting training programs for applicants for registration to practise in a designated health occupation; (

j) respecting examinations to determine the eligibility of a per son who has participated in and successfully completed a training program.

(2) A regulation under subsection (1) does not come into force unless it is approved by the Lieutenant Governor in Council under subsection (3).

(3) The Lieutenant Governor in Council may, with respect to a regulation referred to in subsection (1), (

a) approve the regulation, (

b) vary the regulation and approve the regulation as varied, or (

c) disapprove the regulation. 28 Notwithstanding

section 27, if the Minister has requested the Board to make a regulation under

section 27(1) or to amend or repeal a regulation made under

section 27(1) and the Board neglects or refuses to make the regulation so requested or to amend or repeal a regulation as requested by the Minister within 60 days of the date of the request, the Lieutenant Governor may make the regulation so requested, or may amend or repeal the regulation as requested. 29 A notice, order, request for review, complaint or other document or a copy of any one or more of them that is required by this Act to be served on or that may be made to any person, shall be served personally or by registered or certified mail addressed to the person at his last known address. 16

28 Lieutenant Governor’s power to make, amend or repeal regulations. 29 Methods of service of documents. 16

30 Subject to this Act or any other Act and the regulations under this Act or any other Act, all matters coming before the Board or a Committee in respect of any person who receives health services from a registered member of a designated health occupation shall be treated by the members of the Board or Committee as private and confidential information, and that information shall not be published, released or disclosed in any manner that might be detrimental to the personal interests, reputation or privacy of that person without his consent. 31 A person is not eligible to be appointed as or, on being ap pointed, to continue as a member of the Board or of a Committee for a designated health occupation if he represents or is normally engaged in representing (

a) an employer of registered members of that designated health occupation, or (

b) a group of employees who are registered members of that designated health occupation, in negotiations of collective bargaining agreements for a bargaining unit that consists of or includes those registered members or in any proceedings under a collective bargaining agreement. 32 A person who contravenes

section 2, 22 or 30 is guilty of an offence and liable on

summary conviction to a fine of not more than $500. 33 The Dental Association Act is amended (

a) by repealing

section 55(2) and substituting the following: (2) Subsection (1) does not apply so as to prohibit a member of the Association from employing any person to perform in the field of dentistry any duties that the person is qualified and authorized under any other Act to perform. (

b) by repealing

section 56. 34 The Emergency Medical Aid Act is amended (

a) by repealing

section 2(a2) and substituting the following: (a.2) "registered health occupation member’’ means a per son who is registered under The Health Occupations Act: (

b) in

section 3 by striking out "professional medical assistant’’ wherever it occurs and substituting “registered health occupation member’’. 17

30 Confidential information. 31 Eligibility of Board and Committee members. 32 Offences. 33 Amends

chapter 90 of the Revised Statutes of Alberta 1970. 34 Amends

chapter 122 of the Revised Statutes of Alberta 1970. 17

35 The Alberta Health Care Insurance Act is amended in

section 25(2) by adding "or” at the end of clause (

g) and by adding the following after clause (g): (

h) to the Health Occupations Board or a Health Occupation Committee under The Health Occupations Act, if the information is furnished in compliance with a notice under

section 20 of The Health Occupations Act. 36 The Alberta Hospitals Act is amended in

section 35(5.1) by adding the following after clause (d): (

e) the board of an approved hospital may divulge any records of diagnostic and treatment services provided in respect of a patient to the Health Occupations Board or a Health Occupation Committee under The Health Occupations Act if the disclosure is made by a member or employee of the board in compliance with a notice under

section 20 of The Health Occupations Act. 37 The Medical Profession Act, 1975 is amended by repealing the following provisions:

section 1(g);

section 26;

section 32(1)(g);

section 64(1)(c);

section 71. 38 The Public Health Act is amended by repealing clauses 7, 47 and 49 of

section 7(1). 39 This Act comes into force on a date or dates to be fixed by Proclamation. 18

35 Consequential amendment to

chapter 166 of the Revised Statutes of Alberta 1970. 36 Consequential amendment to

chapter 174 of the Revised Statutes of Alberta 1970. 37 Amends

chapter 26 of the Statutes of Alberta, 1975 , 38 Amends

chapter 294 of the Revised Statutes of Alberta 1970. 18 Title: 1980 (19th, 2nd) Bill 84, The Health Occupations Act

Document details

Collection	Alberta — Bills
Citation	L19 S2 4123
Type	bill
Volume / chapter	L19 S2 4123
Language	en
Format	json
Source	PROVINCIAL
Identifier	5eefe8b61cf6dcb4903152a4fc48540c29f98e8e

Source file is stored in the law ingest library (json).