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Dispensing Opticians Regulations

made under

Section 6 of the

Dispensing Opticians Act

S.N.S. 2005, c. 39

O.I.C. 2007-435 (August 17, 2007) N.S. Reg. 361/2007

Interpretation

Citation

1 These regulations may be cited as the Dispensing Opticians Regulations .

Definitions

2 In these regulations,

(a) “Act” means the Dispensing Opticians Act ;

(b) “contact lens examination” means an examination or examinations approved

by the Board that are a prerequisite to qualifying as a certified contact lens

fitter;

(c) “contact lens program” means such program or programs approved by the

Board which are a prerequisite to qualifying as a contact lens fitter;

(d) “register” means the written record maintained by the Registrar in which must

be entered the name, registration number, date of entry to membership, address

and the category of membership of every person who qualifies for registration

according to the Act and the regulations, and includes the specialty register,

student register and speciality [specialty] student optician register when the

context requires;

(e) “registration year” means the year that runs between April 1st of one year and

March 31st of the next year;

(f) “student” means a student optician or a specialty student optician.

Registration and Licensing

Prescribed registers

3 In addition to the register, the following registers are prescribed to be maintained by the

Registrar as required by subsection 8(2) of the Act:

(

a) specialty register;

(

b) student register;

(

c) specialty student optician register.

Entries on register

(1) An applicant for registration who has never been registered as a dispensing optician

in any jurisdiction must submit all of the following to the Registrar:

(

a) proof satisfactory to the Registrar that the applicant is a graduate of a

dispensing optician education program approved by the Board, or has passed

an accreditation exam approved by the Board;

(

b) proof satisfactory to the Registrar that the applicant has passed any registration

examinations as may be approved by the Board;

(

c) a completed application on the application form approved by the Board;

(

d) the registration fee established under the by-laws;

(

e) any information the Registrar requires to establish that the applicant is

competent and capable and of such character to safely and ethically practise

optical dispensing.

(2) An applicant for registration who has been previously registered as a dispensing

optician either in the Province or in another jurisdiction must submit all of the

following to the Registrar:

(

a) a completed application on the application form approved by the Board,

including a statement verifying that the applicant is not currently subject to any

disciplinary finding that would prohibit the applicant from practising optical

dispensing;

(

b) the registration fee established under the by-laws;

(

c) proof satisfactory to the Registrar that the applicant

(

i) holds a current licence to practice in another jurisdiction, or has passed

any applicable examination approved by resolution of the Board,

(ii) is a graduate of a dispensing optician education program approved by the

Board, or has passed an accreditation exam approved by the Board,

(iii) has passed any registration examinations approved by the Board;

(

d) any information the Registrar requires to establish that the applicant is

competent and capable and of such character to safely and ethically practise

optical dispensing.

Specialty register

(1) The Registrar must enter the name of any member who meets all of the following

criteria on the specialty register:

(

a) they have successfully completed a contact lens program;

(b)they have passed the contact lens examination;

(

c) they are certified by the Board as qualified to fit contact lenses.

(2) A person whose name is entered on the special register under the former Act as

qualified to measure, fit, or adjust contact lenses must be entered in the specialty

register, but must continue under any conditions or limitations attached to the

person’s previous registration.

Student register

(1) Subject to subsection (2), the Registrar must enter all of the following for each

entrant on the student register:

(

a) the name of the student optician;

(b)the student optician’s address;

(c)the name of the student optician’s sponsor;

(

d) the name of the dispensing optician education program that the student

optician is enrolled in or has completed.

(2) Before a student optician’s information is entered on the student register, the student

optician must obtain a sponsor.

Specialty student optician register

(1) Subject to subsection (2), the Registrar must enter all of the following for each

entrant on the specialty student optician register:

(

a) the specialty student optician’s name;

(b)the specialty student optician’s address;

(c)the name of the specialty student optician’s sponsor;

(

d) the name of the contact lens program that the student is enrolled in or has

completed.

(2) Before a specialty student optician’s information is entered on the specialty student

optician register, the specialty student optician must obtain a sponsor.

Categories of membership

8 The 2 categories of membership and corresponding licences are as follows:

(a)practising;

(b)non-practising.

Non-practising licences

(1) To apply for a non-practising licence, a member must submit all of the following to

the Registrar:

(

a) a completed application on the application form approved by the Board,

including a statement verifying that the applicant is not currently subject to any

disciplinary finding that would prohibit the applicant from practising optical

dispensing;

(b)the applicable licence fee established under the by-laws;

(

c) a statement verifying that the applicant will not be practising optical

dispensing in the Province during the registration year applied for.

(2) A member who holds a non-practising licence is entitled to do all of the following:

(

a) attend and participate in, but not vote at, meetings of the College;

(

b) serve as a member of any committee of the College.

Renewing non-practising licences

10 To renew a non-practising licence, a member must submit all of the following to the

Registrar:

(

a) a completed application on the application form approved by the Board,

including a statement verifying that the applicant is not currently subject to any

disciplinary finding that would prohibit the applicant from practising optical

dispensing;

(

b) the applicable licence renewal fee established under the by-laws;

(

c) a statement verifying that the applicant will not be practising optical

dispensing in the Province during the registration year applied for.

Practising licences

(1) To apply for a practising licence, a member must submit all of the following to the

Registrar:

(

a) a completed application on the application form approved by the Board,

including a statement verifying that the applicant is not currently subject to any

disciplinary finding that would prohibit the applicant from practising optical

dispensing;

(b)the applicable licence fee established under the by-laws;

(

c) proof satisfactory to the Registrar that the applicant

(

i) has liability insurance coverage in the amount set by resolution of the

Board,

(ii) has passed any applicable examinations approved by the Board, if they

have not held a practising licence in the 2 years immediately before

applying for a practising licence,

(iii) has completed any professional development requirements approved by

the Board;

(

d) any information the Registrar requires to establish that the applicant is

competent and capable and of such character to safely and ethically practise

optical dispensing.

(2) A member who holds a practising licence is entitled to all of the following:

(a)use the title “dispensing optician”;

(b)if elected, hold office on the Board;

(

c) serve as an appointed member on any committee of the College;

(d)attend, participate in and vote at meetings of the College.

Practising licences endorsed with contact lens certification

(1) A member whose name is entered on the specialty register may apply for a

practising licence endorsed with a contact lens certification if the member meets the

requirements in subsection 11(1) for a practising licence and submits the following

additional information:

(

a) a statement verifying that the applicant is not currently subject to any

disciplinary finding that would prohibit the applicant from practising as a

certified contact lens fitter;

(

b) any information the Registrar requires to establish that the applicant is

competent and capable and of such character to safely and ethically practise as

a certified contact lens fitter;

(

c) proof satisfactory to the Registrar that the applicant has passed any applicable

examinations approved by the Board, if they have not held a practising licence

endorsed with a contact lens certification in the 2 years immediately before

applying for a practising licence endorsed with a contact lens certification.

(2) A member who holds a practising licence endorsed with a contact lens certification

is authorized to use any and all instruments required to ensure that a contact lens is

adequately fitted and that the best possible visible acuity is achieved.

Continuation of deemed practising licences from former Act

(1) A person who was approved under the former Act to practise optical dispensing is

deemed to hold a practising licence under the Act and these regulations until the end

of the registration year immediately following the year these regulations come into

force.

(2) A person who was entitled to measure, fit, or adjust contact lenses under the former

Act is deemed to hold a practising licence endorsed with a contact lens certification

under the Act and these regulations until the end of the registration year immediately

following the year these regulations come into force.

Renewing practising licences

(1) A practising licence remains in effect until the end of the registration year in which it

is issued, unless it is suspended or revoked.

(2) To renew a practising licence, a member must submit all of the following to the

Registrar:

(

a) a completed application on the application form approved by the Board,

including a statement verifying that the applicant is not currently subject to any

disciplinary finding that would prohibit the applicant from practising optical

dispensing;

(

b) the applicable licence renewal fee established under the by-laws;

(

c) proof satisfactory to the Registrar that the applicant

(

i) has liability insurance coverage in the amount set by resolution of the

Board,

(ii) has completed any professional development requirements approved by

the Board;

(

d) any information the Registrar requires to establish that the applicant is

competent and capable and of such character to safely and ethically practise

optical dispensing.

Renewing practising licences endorsed with contact lens certification

(1) A practising licence endorsed with a contact lens certification remains in effect until

the end of the registration year in which it is issued, unless it is suspended or

revoked.

(2) To renew a practising licence endorsed with a contact lens certification, a member

must submit all of the following to the Registrar:

(

a) a completed application on the application form designated by the Board,

including a statement verifying that the applicant is not currently subject to any

disciplinary finding that would prohibit the applicant from practising as a

certified contact lens fitter;

(

b) the applicable licence renewal fee established under the by-laws;

(

c) proof satisfactory to the Registrar that the applicant

(

i) has liability insurance coverage in the amount set by the Board,

(ii) has completed the professional development requirements approved by

the Board;

(

d) any information the Registrar requires to establish that the applicant is

competent and capable and of such character to safely and ethically practise as

a certified contact lens fitter.

Provisional permits for student opticians

(1) The Registrar must issue a provisional permit to a student optician if all of the

following conditions are met:

(

a) the student optician has paid the applicable permit fee established under the by-laws;

(

b) the student optician is registered in the student register;

(

c) either

(

i) the student optician has successfully completed the portion of their

dispensing optician education program required by the Board; or

(ii) the student optician graduated from their dispensing optician education

program on a date that was within the required period of time set by the

Board before they applied for a provisional permit.

(2) A provisional permit for a student optician expires on the earliest of the following

dates:

(a) 1 month immediately after the date the student optician passes the registration

examination for dispensing opticians;

(

b) the date of the student optician’s third failure of the registration examination

for dispensing opticians;

(

c) the date of the third offering of the registration examination for dispensing

opticians in the Province immediately after the eligibility date of the student

optician to write the examination.

(3) A student optician is permitted to write the registration examination once their

provisional permit as a student optician expires only if they meet the requirements

determined by the Board.

(4) A student optician who holds a valid provisional permit as a student optician may

practise optical dispensing only under the direct and constant supervision of their

sponsor.

Provisional permits for specialty student s opticians

(1) The Registrar must issue a contact lens provisional permit to a specialty student

optician if all of the following conditions are met:

(

a) the specialty student optician has paid the applicable permit fee established

under the by-laws;

(

b) the specialty student optician is registered in the specialty student optician

register;

(

c) either

(

i) the specialty student optician has successfully completed the portion of

their contact lens program required by the Board, or

(ii) the specialty student optician graduated from their contact lens program

on a date that was within the required period of time set by the Board

before they applied for a provisional permit.

(2) A contact lens provisional permit expires upon the earliest of the following dates:

(a) 1 month immediately after the date the specialty student optician passes the

contact lens examination;

(

b) the date of the specialty student optician’s third failure of the contact lens

examination;

(

c) the date of the third offering of the contact lens examination in the Province

immediately after the eligibility date of the specialty student optician to write

the examination.

(3) A specialty student optician is permitted to write the contact lens examination once

their contact lens provisional permit expires only if they meet the requirements

determined by the Board.

(4) A specialty student optician who holds a valid contact lens provisional permit may

fit, measure, or adjust contact lenses only under the direct and constant supervision

of their sponsor.

Sponsors

(1) A sponsor may sponsor a maximum of 2 students at a time, which, subject to the

definition of sponsor in the Act, may include 2 student opticians, 2 specialty student

opticians or 1 student optician and 1 specialty student optician.

(2) A sponsor must provide direct and constant supervision of their student opticians or

specialty student opticians while the students are engaging in the practice of optical

dispensing.

(3) Only fittings performed or hours worked under the supervision of a sponsor qualify

as fittings or hours required to complete the course of study required in

Section 19.

(4) A sponsor is responsible for immediately notifying the Registrar when they stop

sponsoring a student optician, but the sponsor remains responsible for the student

optician until the notification is received in writing by the Registrar.

(5) A student optician who changes their sponsor must immediately notify the Registrar

in writing of the change.

Course of study for student opticians and specialty student opticians

(1) Before taking the exam for registration as a dispensing optician, a student optician

must complete all of the following under the supervision of a sponsor within 3 years

from the date they pass the mid-term examination of their dispensing optician

education program:

(a) 250 fittings, at least 100 of which are multi-focal vision fittings;

(b) 2000 hours of practising optical dispensing.

(2) Before taking the contact lens examination, a specialty student optician must

complete all of the following under the supervision of a sponsor in 3 years:

(a) 35 fittings for soft lenses;

(b) 15 fittings for rigid lenses.

Information on member’s registration and licensing status

20 Any dispensing optician or any member of the public may request verification of the

registration or licensing status of a member from the Registrar.

Removal of name from registers

(1) The Registrar must remove the name of a member or a student from the appropriate

register if any of the following occurs:

(

a) the member or student requests it and surrenders all their licences and permits;

(

b) the Registrar is notified of the death of the member or student;

(

c) the registration of the member or student is revoked.

(2) The Registrar may suspend the licence of a member or the provisional permit of a

student if the member or the student fails to pay fees required by the Act or these

regulations or if the member or the student is otherwise suspended under the Act.

(3) The Registrar may restore the name of a person removed from a register to the

register, and may issue an appropriate licence if the person

(

a) pays the applicable fee established under the by-laws; and

(

b) complies with the Act, these regulations and the by-laws.

Professional Conduct

Code of ethics

22 After consulting with the members, the Board must adopt a code of ethics and standards of

practice for members.

Preliminary investigation of complaint

(1) On receiving a complaint, the Registrar must forward copies of the complaint to both

of the following:

(a)the respondent;

(b)an investigator.

(2) On receiving a complaint, an investigator must conduct an investigation, including

doing any of the following:

(

a) requesting additional written or oral explanations from the complainant, the

respondent or a third party;

(

b) requesting an interview of the complainant, the respondent or a third party;

(

c) informally resolving the complaint in the interests of the respondent, the

complainant, the public and the College.

(3) An investigator may investigate any matter that may constitute any of the following

relating to the respondent that arises in the course of the investigation:

(

a) professional misconduct;

(

b) conduct unbecoming the profession;

(

c) incompetence;

(

d) incapacity.

(4) A respondent may submit medical information and any information relevant to the

complaint to an investigator.

Powers of Complaints Committee and disposition of Complaints Committee

(1) On receiving a report from an investigator, a Complaints Committee must do one of

the following:

(

a) accept any informal resolution made by the investigator under clause 23(2)(

c) and take no further action;

(

b) dismiss the complaint, if a determination is made by the Complaints

Committee that the College does not have jurisdiction to resolve the complaint

or the complaint cannot be substantiated or is frivolous or vexatious, and

provide guidance to the complainant, the respondent or any person associated

with the complaint, if the Complaints Committee considers guidance to be

useful;

(

c) give the complainant, the respondent and any other person it considers

appropriate the opportunity to appear before the Complaints Committee and to

submit representations or explanations or documentation, including medical

and any other information relevant to the complaint, in accordance with clause

28(

c) of the Act.

(2) After the Complaints Committee has given the parties an opportunity to appear

before the committee under clause (1)(c), the committee may require the respondent

to do one or more of the following:

(

a) submit to physical or mental examinations by a qualified person or persons

designated by the Complaints Committee and authorize the examination

reports to be given to the Complaints Committee;

(

b) submit to a review of the respondent’s practice by a qualified person or

persons designated by the Complaints Committee and authorize a copy of the

review to be given to the Complaints Committee;

(

c) submit to any examination the Complaints Committee directs, to determine

whether the respondent is competent to practise optical dispensing, and

authorize the examination report to be given to the Complaints Committee;

(

d) produce any records kept about the respondent’s practice that the Complaints

Committee considers appropriate.

(3) If a respondent fails to comply with subsection (2), the Complaints Committee may

suspend the licence to practice or restrict the licence of a respondent, or both, until

the suspension is lifted, superseded, or annulled by the Complaints Committee or

Professional Conduct Committee, as the case may be.

(3) If a respondent fails to comply with subsection (2), the Complaints Committee may

suspend the respondent’s licence to practice or restrict the respondent’s licence to

practice, or both, until the suspension or restriction is lifted, superseded or annulled

by the Complaints Committee or Professional Conduct Committee, as the case may

be.

(4) After the Complaints Committee has given the parties an opportunity to appear

before the committee under clause (1)(c), the committee must do one of the

following:

(a)dismiss the complaint;

(b)counsel the respondent;

(c)caution the respondent;

(d)counsel and caution the respondent;

(

e) with the consent of the respondent and notwithstanding that the complaint has

not been forwarded to the Professional Conduct Committee, order that the

respondent receive a reprimand and that the reprimand be communicated to the

respondent and the complainant, and such other persons as the Complaints

Committee considers appropriate;

(

f) refer a matter or matters to the Professional Conduct Committee if a

determination is made that the matter or matters warrant a hearing;

(g)informally resolve the complaint.

(5) A counsel or a caution issued under clause (4)(b), (

c) or (

d) is not a disciplinary

finding against the respondent and must not be published or disclosed to the public,

except that it must be disclosed to all of the following:

(

a) the respondent;

(

b) the complainant;

(

c) any person the Complaints Committee considers appropriate;

(

d) the Complaints Committee in any subsequent complaints filed against the

respondent.

(6) A reprimand issued under clause (4)(

e) is a disciplinary finding against the

respondent and subsection 30(2) of the Act requiring publication and notification

applies.

Costs of respondent complying with requirement

25 The costs for a respondent to comply with a requirement under subsection 24(2) must

initially be paid by the Complaints Committee, but may be awarded as costs against the

respondent under

Section 40.

Suspended respondent may request hearing

26 On receiving a request for a hearing from a respondent who has been suspended by a

Complaints Committee, the Complaints Committee must refer the complaint about the

respondent directly to a Professional Conduct Committee for a hearing.

Settlement proposals

(1) A settlement proposal proposed by a respondent must be consented to by the

College, submitted to the Complaints Committee in writing and must include all of

the following:

(

a) an admission or admissions to 1 or more of the allegations set out in the notice

of hearing;

(

b) the respondent’s consent to a specified disposition, conditional upon the

acceptance of the settlement proposal by the Professional Conduct Committee.

(2) A settlement proposal may include any disposition that could be ordered by a

Professional Conduct Committee under

Section 38.

(3) The Complaints Committee retains jurisdiction over a complaint until a hearing

before the Professional Conduct Committee begins, or the settlement proposal is

accepted by the Professional Conduct Committee.

(4) The parties may agree to use the services of a mediator to prepare a settlement

proposal, and the costs of the mediator must be divided equally between the College

and the respondent, unless the parties agree to a different division of the costs.

(5) The Complaints Committee may recommend acceptance of a settlement proposal if

it is satisfied that all of the following are met:

(a)the public is protected;

(

b) the conduct or its causes can be, or are, successfully remedied or treated, and

the respondent is likely to successfully pursue any remediation or treatment

required;

(

c) settlement is in the best interests of the public and the dispensing optician

profession.

(6) If a Complaints Committee does not recommend accepting a settlement proposal,

the complaint considered by the Complaints Committee must be referred to the

Professional Conduct Committee for hearing.

(7) If a Complaints Committee recommends accepting a settlement proposal, the

settlement proposal must be referred to the Professional Conduct Committee.

Professional Conduct Committee actions when settlement proposal referred

(1) On receiving a settlement proposal that the Complaints Committee recommends be

accepted, the Professional Conduct Committee must do one of the following:

(

a) accept the settlement proposal, in which case the settlement proposal forms

part of the Professional Conduct Committee’s order disposing of the matter

and, other than a hearing for a breach of the settlement proposal under

subsection (5), a hearing before the Professional Conduct Committee is not

held;

(

b) reject the settlement proposal, in which case the complaint considered by the

Complaints Committee must be referred to a panel of the Professional

Conduct Committee, made up of persons who did not sit on the panel that

reviewed the settlement proposal, for a hearing;

(

c) amend the settlement proposal and return it to the Complaints Committee for

review.

(2) If the Complaints Committee does not agree with amendments made under clause

(1)(c), the settlement proposal is deemed to be rejected and the complaint considered

by the Complaints Committee must be forwarded to a panel of the Professional

Conduct Committee, made up of persons who did not sit on the panel that reviewed

the settlement proposal, for a hearing.

(3) If the Complaints Committee agrees with amendments made under clause (1)(c), the

settlement proposal is returned to the Professional Conduct Committee for approval.

(4) If a settlement proposal is rejected by a Professional Conduct Committee, the

hearing must proceed without reference to the settlement proposal or any admissions

contained in the settlement proposal.

(5) A breach by a respondent of an undertaking given in an accepted settlement

proposal or a condition of an accepted settlement proposal constitutes professional

misconduct and may form the subject of a hearing before a panel of the Professional

Conduct Committee, made up of persons who did not sit on the panel that reviewed

the settlement proposal.

Notice of hearing

(1) The Professional Conduct Committee that prepares a notice of hearing under

subsection 32(2) of the Act must serve a copy of the notice either personally or by

registered mail on each of the following:

(

a) the respondent, at the respondent’s last known address;

(

b) the complainant, at the complainant’s last known address.

(2) A notice of hearing must state all of the following:

(

a) the nature of the conduct to be inquired into;

(

b) the details of the charges;

(

c) the date, time and place of the hearing;

(

d) that the respondent may be represented at the hearing by counsel.

Amendment of notice of hearing

(1) At any time before or during a hearing, the Professional Conduct Committee may

amend or alter any notice of hearing for any of the following reasons:

(

a) to correct an alleged defect in substance or form,

(

b) to make the notice conform to the evidence if there appears to be a difference

between the evidence and the notice or if the evidence discloses potential for

any of the following that is not stated in the notice:

(

i) professional misconduct,

(ii) conduct unbecoming a dispensing optician,

(iii) incapacity,

(iv) incompetence.

(2) A respondent must be given opportunity to prepare an answer to any amendment or

alteration to a notice of hearing made by the Professional Conduct Committee.

(3) A Professional Conduct Committee may decide that an amendment or alteration to

the notice of hearing should not be made after receiving the respondent’s answer

under subsection (2), and if it considers it appropriate, may refer any new allegations

to an investigator under

Section 23.

Attendance at a hearing

(1) Except as provided in subsections (2) and (3), a hearing is open to the public.

(2) At the request of a party, the Professional Conduct Committee may order that the

public, in whole or in part, be excluded from a hearing or any part of it if the

Professional Conduct Committee is satisfied that any of the following apply:

(

a) personal, medical, financial or other matters that may be disclosed at the

hearing are of such a nature that avoiding public disclosure of those matters in

the interest of the public or any person affected outweighs adhering to the

principal [principle] that hearings should be open to the public;

(

b) the safety of any person may be jeopardized by permitting public attendance.

(3) The Professional Conduct Committee may order that the public be excluded from a

part of a hearing that deals with a request for an order to exclude the public in whole

or in part under subsection (2).

(4) The Professional Conduct Committee may make any order it considers necessary,

including prohibiting the publication or broadcasting of matters, to prevent the public

disclosure of matters disclosed in a hearing or any part of a hearing dealing with an

order under subsection (2) or (3).

(5) Subject to any order made under this Section, the Professional Conduct Committee

must state at a hearing its reasons for any order made under this Section.

Hearing procedures

(1) Subject to the Act and these regulations, the Professional Conduct Committee may

determine its own rules of procedure.

(2) A complainant cannot participate as a party at a hearing.

(3) Witnesses at a hearing must testify under oath or affirmation.

(4) An oath or affirmation taken at a hearing may be administered by any member of the

Professional Conduct Committee or other person in attendance who is authorized by

law to administer oaths or affirmations.

(5) The Professional Conduct Committee may require the respondent to do one or more

of the following during a hearing:

(

a) submit to physical or mental examinations by a qualified person or persons

designated by the Professional Conduct Committee and authorize the

examination reports to be given to the Professional Conduct Committee;

(

b) submit to a review of the respondent’s practice by a qualified person or persons

designated by the Professional Conduct Committee and authorize a copy of the

review to be given to the Professional Conduct Committee;

(

c) submit to any examination the Professional Conduct Committee directs, to

determine whether the respondent is competent to practise optical dispensing,

and authorize the examination report to be given to the Professional Conduct

Committee;

(

d) produce any records kept about the respondent’s practice that the Professional

Conduct Committee considers appropriate.

(6) If a respondent fails to comply with a requirement under subsection (3) the

Professional Conduct Committee may direct the Registrar to suspend the registration

and any licences or permits of the respondent until the respondent complies.

Costs of complying with requirement

33 The costs for a respondent to comply with a requirement under subsection 32(5) must

initially be paid by the Professional Conduct Committee, but may be awarded as costs

against the respondent under

Section 40.

Respondent fails to attend hearing

34 After receiving proof of service of the notice of hearing, a Professional Conduct

Committee may proceed with a hearing in a respondent’s absence and take any action

authorized under the Act without further notice to the respondent.

Subpoenaed witness fees

35 Witnesses who are present under subpoena at a hearing before the Professional Conduct

Committee are entitled to the same allowances as witnesses attending a trial or an action in

the Supreme Court of Nova Scotia.

Recording of evidence at hearing

(1) Any evidence presented at a hearing before the Professional Conduct Committee

must be recorded by a person authorized by the College.

(2) Evidence may be presented at a hearing before the Professional Conduct Committee

in any manner that the committee considers appropriate, and the committee is not

bound by the rules of law respecting presenting evidence that apply to judicial

proceedings.

Preserving evidence

37 Evidence obtained by a Professional Conduct Committee, and information obtained by a

Complaints Committee or an investigator for a complaint that has not been dismissed by

the Complaints Committee, must be preserved for at least 5 years from the date of the

evidence is presented or the information is obtained.

Disposition by Professional Conduct Committee

38 A Professional Conduct Committee that finds professional misconduct, conduct

unbecoming a dispensing optician, incompetence or incapacity on the part of a respondent

may include any of the following in the order of the committee disposing of the matter:

(

a) revoking the respondent’s registration and directing that the respondent’s name

be removed from any register it is entered in;

(

b) suspending the respondent’s licence to practise optical dispensing for a specific

period;

(

c) suspending the respondent’s license to practise optical dispensing pending the

satisfaction and completion of any conditions the Professional Conduct

Committee orders;

(

d) imposing any restrictions or conditions on the respondent’s practice of optical

dispensing for any period [and] direct[ing] that the restrictions and conditions

be recorded on their licence;

(

e) fining the respondent to a maximum amount of $5000;

(

f) reprimanding the respondent and, if the Professional Conduct Committee

considers it appropriate, directing that the reprimand be recorded;

(

g) directing that the respondent pass a particular course of study or satisfy the

Professional Conduct Committee, or any other committee established under the

Act, of the respondent’s general competence to practice optical dispensing or

competence in a specific field of practice;

(

h) directing that the respondent obtain medical treatment;

(

i) directing that the respondent obtain any counselling that the Professional

Conduct Committee considers appropriate;

(

j) publishing its findings in any manner that the Professional Conduct Committee

considers appropriate;

(

k) informing any person of its findings that the Professional Conduct Committee

considers appropriate.

Written decision of Professional Conduct Committee

(1) A Professional Conduct Committee must prepare a written record of its decision in a

hearing and the reasons for the decision.

(2) Within a reasonable time frame after the decision, a copy of the Professional

Conduct Committee’s record of decision must be sent to all of the following by

registered mail or personal service:

(

a) the respondent;

(

b) the complainant;

(

c) any person the Professional Conduct Committee considers appropriate.

Costs

(1) In this Section, “costs” include all of the following:

(

a) expenses incurred by the College in the investigation of a complaint;

(

b) expenses incurred by the College for the activities of the Complaints

Committee and the Professional Conduct Committee;

(

c) the College’s solicitor and client costs, including disbursements and HST,

relating to the investigation and hearing or to the resolution of the complaint,

including those of any College counsel and counsel for the Professional

Conduct Committee;

(

d) fees for retaining a court reporter and preparing transcripts of the proceeding;

and

(

e) travel costs and reasonable expenses of any witnesses, including expert

witnesses, who are required to appear at the hearing or who are required for the

resolution of the matter.

(2) Except when awarded costs under this Section, a respondent is responsible for all

expenses incurred in their defence.

(3) If the Professional Conduct Committee finds professional misconduct, conduct

unbecoming, incompetence or incapacity on the part of a respondent, it may order

the respondent to pay costs in whole or in part and the costs are a debt to be

recovered by civil action for debts.

(4) If the Professional Conduct Committee considers that a hearing was not necessary, it

may order the College to pay some or all of the respondent’s legal costs and the costs

are a debt to be recovered by civil action for debts.

(5) The Registrar may suspend the licence of a respondent who fails to pay costs within

the time ordered until payment is made or satisfactory arrangements for payment are

made.