Third Session, 47th

General Assembly

63 Elizabeth II,

BILL 8

AN ACT TO AMEND VARIOUS ACTS OF

THE PROVINCE RESPECTING THE PUBLICATION OF A

SUMMARY OF A DECISION OR ORDER

OF AN ADJUDICATION TRIBUNAL

Received

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

Second

Reading ............................................................................................

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

Third

Reading ...............................................................................................

Royal

Assent .................................................................................................

HONOURABLE PAUL

DAVIS

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 court's discretion to order that a

summary of a decision or

order of an adjudication tribunal not be published:

Chiropractors Act, 2009 ;

Health Professions Act ;

Medical Act, 2011 ; and

Social Workers Act .

This Bill would also amend the

following Acts to give the court the discretion to order that prescribed

information not be included in the published

summary of a decision or order of

an adjudication tribunal:

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 ;

Pharmacy 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 THE PUBLICATION OF A

SUMMARY OF A DECISION OR ORDER OF AN

ADJUDICATION TRIBUNAL

Analysis

Short title

CHIROPRACTORS

ACT, 2009

S.30 Amdt.

Filing and publication of decisions

DENTAL

ACT, 2008

S.36 Amdt.

Filing and publication of decisions

DENTURISTS

ACT, 2005

S.22 Amdt.

Filing and publication of decisions

DIETITIANS

ACT

S.30 Amdt.

Filing and publication of decisions

DISPENSING

OPTICIANS ACT, 2005

S.22 Amdt.

Filing and publication of decisions

HEALTH

PROFESSIONS ACT

S.44 Amdt.

Filing and publication of decisions

HEARING

AID PRACTITIONERS ACT

S.21 Amdt.

Filing and publication of decisions

LICENSED

PRACTICAL NURSES ACT, 2005

S.22 Amdt.

Filing and publication of decisions

MASSAGE

THERAPY ACT, 2005

S.22 Amdt.

Filing and publication of decisions

MEDICAL

ACT, 2011

S.50 Amdt.

Filing and publication of decisions

OCCUPATIONAL

THERAPISTS ACT, 2005

S.22 Amdt.

Filing and publication of decisions

OPTOMETRY

ACT, 2012

S.36 Amdt.

Filing and publication of decisions

PHARMACY

ACT, 2012

S.45 Amdt.

Filing and publication of decisions

PHYSIOTHERAPY

ACT, 2006

S.25 Amdt.

Filing and publication of decisions

PSYCHOLOGISTS

ACT, 2005

S.24 Amdt.

Filing and publication of decisions

REGISTERED

NURSES ACT, 2008

S.29 Amdt.

Filing and publication of decisions

SOCIAL

WORKERS ACT

S.33 Amdt.

Filing and publication of decisions

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 Publication of Adjudication Tribunal

Decisions Amendment Act .

CHIROPRACTORS ACT, 2009

SNL2009 cC-14.01

as amended

2. Subsections 30(3) and (4) of the Chiropractors Act, 2009 are repealed and

the following substituted:

(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, where

the decision or order

(

a) suspends the respondent;

(

b) allows or directs the respondent to surrender

his or her licence;

(

c) restricts the respondents 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) Unless a court orders otherwise, 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.

DENTAL ACT, 2008

SNL2008 cD-6.1

as amended

3. Subsection 36(4) of the Dental Act, 2008 is repealed and the following substituted:

(4) Unless a court orders otherwise, 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.

DENTURISTS ACT, 2005

SNL2005 cD-7.1

as amended

4. Subsection 22(4) of the Denturists Act, 2005 is repealed and the following substituted:

(4) Unless a court orders otherwise, 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.

DIETITIANS ACT

SNL2005 cD-23.1

as amended

5. Subsection 30(4) of the Dietitians Act is repealed and the following substituted:

(4) Unless a court orders otherwise, 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.

DISPENSING OPTICIANS ACT, 2005

SNL2005 cD-25.1

as amended

6. Subsection 22(4) of the Dispensing Opticians Act, 2005 is repealed and the following

substituted:

(4) Unless a court orders otherwise, 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.

HEALTH PROFESSIONS ACT

SNL2010 cH-1.02

as amended

7. Subsections 44(3) and (4) of the Health Professions Act are repealed and

the following substituted:

(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 under

section 50, where the decision

or order

(

a) suspends the respondent;

(

b) allows or directs the respondent to surrender

his or her registration;

(

c) restricts the respondents 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) Unless a court orders otherwise, 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.

HEARING AID PRACTITIONERS ACT

SNL2005 cH-2.01

as amended

8. Subsection 21(4) of the Hearing Aid Practitioners Act is repealed and the following

substituted:

(4) Unless a court orders otherwise, 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.

LICENSED PRACTICAL NURSES ACT, 2005

SNL2005 cL-12.1

as amended

9. Subsection 22(4) of the Licensed Practical Nurses Act, 2005 is repealed and the following

substituted:

(4) Unless a court orders otherwise, 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.

MASSAGE THERAPY ACT, 2005

SNL2005 cM-1.2

as amended

10. Subsection 22(4) of the Massage Therapy Act, 2005 is repealed and the following

substituted:

(4) Unless a court orders otherwise, 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.

MEDICAL ACT, 2011

SNL2011 cM-4.02

as amended

11. Subsections 50(3) and (4) of the Medical Act, 2011 are repealed and the

following substituted:

(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 under

section 56, where the decision

or order

(

a) suspends the respondent;

(

b) allows or directs the respondent to surrender

his or her licence;

(

c) restricts the respondents 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) Unless a court orders otherwise, 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.

OCCUPATIONAL THERAPISTS ACT, 2005

SNL2005 cO-4.1

as amended

12. Subsection 22(4) of the Occupational Therapists Act, 2005 is repealed and the following

substituted:

(4) Unless a court orders otherwise, 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.

OPTOMETRY ACT, 2012

SNL2012 cO-7.02

as amended

13. Subsection 36(4) of the Optometry Act, 2012 is repealed and the following substituted:

(4) Unless a court orders otherwise, 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.

PHARMACY ACT, 2012

SNL2012 cP-12.2

as amended

14. Subsection 45(4) of the Pharmacy Act, 2012 is repealed and the following substituted:

(4) Unless a court orders otherwise, 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.

PHYSIOTHERAPY ACT, 2006

SNL2006 cP-13.1

as amended

15. Subsection 25(4) of the Physiotherapy Act, 2006 is repealed and the following substituted:

(4) Unless a court orders otherwise, 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.

PSYCHOLOGISTS ACT, 2005

SNL2005 cP-34.1

as amended

16. Subsection 24(4) of the Psychologists Act, 2005 is repealed and the following substituted:

(4) Unless a court orders otherwise, 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.

REGISTERED NURSES ACT, 2008

SNL2008 cR-9.1

as amended

17. Subsection 29(4) of the Registered Nurses Act, 2008 is repealed and the following

substituted:

(4) Unless a court orders otherwise, 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.

SOCIAL WORKERS ACT

SNL2010 cS-17.2

as amended

18. Subsections 33(3) and (4) of the Social Workers Act are repealed and the

following substituted:

(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 under

section 39, where the decision

or order

(

a) suspends the respondent;

(

b) allows or directs the respondent to surrender

his or her registration;

(

c) restricts the respondents 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) Unless a court orders otherwise, 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.

Queen's Printer