First

Session, 47th General Assembly

Elizabeth II, 2012

BILL 42

AN ACT TO AMEND VARIOUS

ACTS OF THE PROVINCE

RESPECTING ANNUAL REPORTS

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

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

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

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

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

HONOURABLE

SUSAN SULLIVAN

Minister of Health and Community Services

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the following

Acts to remove the requirement that the annual report of the regulatory body be

tabled in the House of Assembly:

Chiropractors Act, 2009;

Dental Act, 2008;

Health Professions Act;

Registered Nurses Act, 2008 ; and

Social Workers Act.

This Bill would also amend the

following Acts to require that the minister publish the annual report of a regulatory

body on the Health and Community Services website and, where the regulatory

body has a website, that the regulatory body publish the annual report on its

website:

Chiropractors Act, 2009;

Dental Act, 2008;

Denturists Act, 2005;

Dietitians Act;

Dispensing Opticians Act, 2005;

Health Professions Act;

Hearing Aid Practitioners Act;

Licensed Practical Nurses Act, 2005;

Massage Therapy Act, 2005;

Medical Act, 2011;

Occupational Therapists Act, 2005;

Optometry Act, 2012;

Physiotherapy Act, 2006;

Psychologists Act, 2005;

Registered Nurses Act, 2008 ; and

Social Workers Act.

A BILL

AN ACT TO AMEND VARIOUS ACTS OF THE

PROVINCE RESPECTING ANNUAL REPORTS

Analysis

Short title

CHIROPRACTORS ACT, 2009

S.9 R&S

Annual report

DENTAL

ACT, 2008

S.8 Amdt.

Annual meeting and report

DENTURISTS

ACT, 2005

S.7 R&S

Annual report

DIETITIANS

ACT

S.18 R&S

Annual report

DISPENSING

OPTICIANS ACT, 2005

S.9 R&S

Annual report

HEALTH

PROFESSIONS ACT

S.16 R&S

Annual report

HEARING

AID PRACTITIONERS ACT

S.6 R&S

Annual report

LICENSED

PRACTICAL NURSES ACT, 2005

S.6 Amdt.

Annual meeting and report

MASSAGE

THERAPY ACT, 2005

S.8 R&S

Annual report

MEDICAL

ACT, 2011

S.10 Amdt.

Annual meeting

OCCUPATIONAL

THERAPISTS ACT, 2005

S.7 R&S

Annual report

OPTOMETRY

ACT, 2012

S.13 R&S

Annual report

PHYSIOTHERAPY

ACT, 2006

S.6 Amdt.

Annual meeting

PSYCHOLOGISTS

ACT, 2005

S.7 R&S

Annual report

REGISTERED

NURSES ACT, 2008

S.7 Amdt.

Annual meeting

SOCIAL

WORKERS ACT

S.16 R&S

Annual report

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 Annual Report

Amendment Act.

CHIROPRACTORS ACT, 2009

SNL2009 cC-14.01

Section 9 of the Chiropractors Act, 2009 is repealed and the following substituted:

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 publish the annual report

on the Health and Community Services website.

(3) Where the board has a website, the board shall

publish the annual report on its website in a manner that the annual report may

be accessed by a member of the public.

(4) Where the board fails to comply with

subsection (1) or (3), the board is guilty of an offence and is liable upon

summary conviction to a fine of $1,000.

DENTAL ACT, 2008

SNL2008 cD-6.1

3. Subsections 8(3), (4) and (5) of the Dental Act, 2008 are repealed and the

following substituted:

(3) The board shall prepare and submit to the

minister before July 1 each year

(

a) a report on its activities; and

(

b) its audited financial statements.

(4) The minister shall publish the annual report

on the Health and Community Services website.

(5) Where the board has a website, the board shall

publish the annual report on its website in a manner that the annual report may

be accessed by a member of the public.

(6) Where the board fails to comply with

subsection (3) or (5), it is guilty of an offence and is liable upon

summary

conviction to a fine of $1,000.

DENTURISTS ACT, 2005

SNL2005 cD-7.1

Section 7 of the Denturists Act, 2005 is repealed and the following substituted:

Annual report

(1) The

board shall prepare and submit to the minister before July 1,

(

a) a report on the activities of the board; and

(

b) the board's audited financial statements.

(2) The minister shall publish the annual report

on the Health and Community Services website.

(3) Where the board has a website, the board shall

publish the annual report on its website in a manner that the annual report may

be accessed by a member of the public.

(4) Where the board fails to comply with

subsection (1) or (3), the board is guilty of an offence and is liable upon

summary conviction to a fine of $1,000.

DIETITIANS ACT

SNL2005 cD-23.1

Section 18 of the Dietitians Act is repealed and the following substituted:

Annual report

(1) The

college shall prepare and submit to the minister before July 1,

(

a) a report on the activities of the college; and

(

b) the college's audited financial statements.

(2) The minister shall publish the annual report

on the Health and Community Services website.

(3) Where the college has a website, the college

shall publish the annual report on its website in a manner that the annual

report may be accessed by a member of the public.

(4) Where the college fails to comply with

subsection (1) or (3), the college is guilty of an offence and is liable upon

summary conviction to a fine of $1,000.

DISPENSING OPTICIANS ACT, 2005

SNL2005 cD-25.1

as amended

Section 9 of the Dispensing Opticians Act, 2005 is repealed and following

substituted:

Annual report

(1) The

board shall prepare and submit to the minister before July 1,

(

a) a report on the activities of the board; and

(

b) the board's audited financial statements.

(2) The minister shall publish the annual report

on the Health and Community Services website.

(3) Where the board has a website, the board shall

publish the annual report on its website in a manner that the annual report may

be accessed by a member of the public.

(4) Where the board fails to comply with

subsection (1) or (3), the board is guilty of an offence and is liable upon

summary conviction to a fine of $1,000.

HEALTH PROFESSIONS ACT

SNL2010

cH-1.02

Section 16 of the Health Professions Act is repealed and the following substituted:

Annual report

(1) The

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

the end of the financial year a report on the activities of the council in the

previous year which shall contain

(

a) the council's audited financial statements for

the previous financial year;

(

b) statistics respecting the frequency and

circumstances of access to patient records without patient consent under

Part

III; and

(

c) the annual reports of each college established

under this Act as required under

section 29.

(2) The minister shall publish the annual reports

on the Health and Community Services website.

(3) The council shall publish the annual report on

its website in a manner that the annual report may be accessed by a member of

the public.

(4) Where the council fails to comply with

subsection (1) or (3), the council is guilty of an offence and is liable upon

summary conviction to a fine of $1,000.

HEARING AID PRACTITIONERS ACT

SNL2005 cH-2.01

Section 6 of the Hearing Aid Practitioners Act is repealed and the following

substituted:

Annual report

(1) The

board shall prepare and submit to the minister before July 1,

(

a) a report on the activities of the board; and

(

b) the board's audited financial statements.

(2) The minister shall publish the annual report

on the Health and Community Services website.

(3) Where the board has a website, the board shall

publish the annual report on its website in a manner that the annual report may

be accessed by a member of the public.

(4) Where the board fails to comply with

subsection (1) or (3), the board is guilty of an offence and is liable upon

summary conviction to a fine of $1,000.

LICENSED PRACTICAL NURSES ACT, 2005

SNL2005 cL-12.1

as amended

9. Subsections 6(3) and (4) of the Licensed Practical Nurses Act, 2005 are

repealed and the following substituted:

(3) The college shall prepare and submit to the

minister before July 1,

(

a) a report on the activities of the college; and

(

b) the college's audited financial statements.

(4) The minister shall publish the annual report

on the Health and Community Services website.

(5) Where the college has a website, the college

shall publish the annual report on its website in a manner that the annual

report may be accessed by a member of the public.

(6) Where the college fails to comply with

subsection (3) or (5), the college is guilty of an offence and is liable upon

summary conviction to a fine of $1,000.

MASSAGE THERAPY ACT, 2005

SNL2005 cM-1.2

as amended

Section 8 of the Massage Therapy Act, 2005 is repealed and the following

substituted:

Annual report

(1) The

college shall prepare and submit to the minister before July 1

(

a) a report on the activities of the college; and

(

b) the college's audited financial statements.

(2) The minister shall publish the annual report

on the Health and Community Services website.

(3) Where the college has a website, the college

shall publish the annual report on its website in a manner that the annual

report may be accessed by a member of the public.

(4) Where the college fails to comply with

subsection (1) or (3), the college is guilty of an offence and is liable upon

summary conviction to a fine of $1,000.

MEDICAL ACT, 2011

SNL2011 cM-4.02

11. Subsections 10(3), (4) and (5) of the Medical Act, 2011 are repealed and the

following substituted:

(3) The council shall prepare and submit to the

minister before July 1

(

a) a report on the activities of the college; and

(

b) the college's audited financial statements.

(4) The report referred to in paragraph (3)(

a) shall contain statistics respecting the frequency and circumstances of access

to patient records without patient consent under

section 71.

(5) The minister shall publish the annual report

on the Health and Community Services website.

(6) Where the council has a website, the council

shall publish the annual report on its website in a manner that the annual

report may be accessed by a member of the public.

(7) Where the council fails to comply with

subsection (3), (4) or (6), the college is guilty of an offence and is liable

upon

summary conviction to a fine of $1,000.

OCCUPATIONAL THERAPISTS ACT, 2005

SNL2005 cO-4.1

as amended

Section 7 of the Occupational Therapists Act, 2005 is repealed and the following

substituted:

Annual report

(1) The

board shall prepare and submit to the minister before July 1

(

a) a report on the activities of the board; and

(

b) the board's audited financial statements.

(2) The minister shall publish the annual report

on the Health and Community Services website.

(3) Where the board has a website, the board shall

publish the annual report on its website in a manner that the annual report may

be accessed by a member of the public.

(4) Where the board fails to comply with

subsection (1) or (3), the board is guilty of an offence and is liable upon

summary conviction to a fine of $1,000.

OPTOMETRY ACT, 2012

SNL2012 cO-7.02

Section 13 of the Optometry Act, 2012 is repealed and the following substituted:

Annual report

(1) The

college shall prepare and submit to the minister before July 1 in a year

(

a) a report on the activities of the council; and

(

b) the college's audited financial statements.

(2) The minister shall publish the annual report

on the Health and Community Services website.

(3) Where the college has a website, the college

shall publish the annual report on its website in a manner that the annual

report may be accessed by a member of the public.

(4) Where the college fails to comply with

subsection (1) or (3), the college is guilty of an offence and is liable upon

summary conviction to a fine of $1,000.

PHYSIOTHERAPY ACT, 2006

SNL2006 cP-13.1

14. Subsections 6(4) and (5) of the Physiotherapy Act , 2006 are repealed and the following substituted:

(4) The council shall prepare and submit to the

minister before July 1

(

a) a report on the activities of the college; and

(

b) the college's audited financial statements.

(5) The minister shall publish the annual report

on the Health and Community Services website.

(6) Where the council has a website, the council

shall publish the annual report on its website in a manner that the annual

report may be accessed by a member of the public.

(7) Where the council fails to comply with

subsection (4) or (6), the college is guilty of an offence and is liable upon

summary conviction to a fine of $1,000.

PSYCHOLOGISTS ACT, 2005

SNL2005 cP-34.1

as amended

Section 7 of the Psychologists Act, 2005 is repealed and the following substituted:

Annual report

(1) The

board shall prepare and submit to the minister before July 1

(

a) a report on the activities of the board; and

(

b) the board's audited financial statements.

(2) The minister shall publish the annual report

on the Health and Community Services website.

(3) The board shall publish the annual report on

its website in a manner that the annual report may be accessed by a member of

the public.

(4) Where the board fails to comply with subsection

(1) or (3), the board is guilty of an offence and is liable upon

summary conviction

to a fine of $1,000.

REGISTERED NURSES ACT,

SNL2008 cR-9.1

as amended

16. Subsections 7(3), (4) and (5) of the Registered Nurses Act, 2008 are repealed

and the following substituted:

(3) The council shall prepare and submit to the

minister before July 1 each year

(

a) a report on the activities of the association;

and

(

b) the associations audited financial

statements.

(4) The minister shall publish the annual report

on the Health and Community Services website.

(5) Where the association has a website, the

association shall publish the annual report on its website in a manner that the

annual report may be accessed by a member of the public.

(6) Where the association fails to comply with

subsection (3) or (5), it is guilty of an offence and is liable upon

summary

conviction to a fine of $1,000.

SOCIAL WORKERS ACT

SNL2010 cS-17.2

Section 16 of the Social Workers Act is repealed and the following substituted:

Annual report

(1) The

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

the end of the financial year a report on the activities of the association in

the previous year which shall contain the association's audited financial

statements for that financial year.

(2) The minister shall publish the annual report

on the Health and Community Services website.

(3) The board shall publish the annual report on

its website in a manner that the annual report may be accessed by a member of

the public.

(4) Where the board fails to comply with

subsection (1) or (3), the board is guilty of an offence and is liable upon

summary conviction to a fine of $1,000.

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