Second

Session, 45th General Assembly

Elizabeth II, 2005

BILL 57

AN ACT RESPECTING THE

REGISTRATION

OF PSYCHOLOGISTS

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

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

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

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

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

HONOURABLE

JOHN OTTENHEIMER

Minister

of Health and Community Services

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would revise the law

respecting the regulation of psychologists.

In particular, the Bill would

establish a clear separation between advocacy on behalf of the professional

group and the responsibility of the governing body of the professional group to

establish and enforce qualifications for licensure or registration in the

interest of the protection of the public.

The second principal focus of the

Bill is the establishment of a disciplinary regime that fully incorporates the

developed principles of administrative law respecting impartiality, fairness,

and the right to be heard.

A BILL

AN ACT RESPECTING THE REGISTRATION OF PSYCHOLOGISTS

Analysis

Short title

Definitions

Board

Appointment by minister

Meetings

Registrar

Annual report

Powers of board

Duties of registrar

Registration

Provisional registration

Registration altered

Refusal to register

Definitions

Committees

Allegation

Effect of filing allegation

Complaints authorization committee

Adjudication tribunal

Hearing

Copies of books, etc. as evidence

Guilty plea by respondent

Powers of adjudication tribunal

Filing and publication of decisions

De-registration and suspension

Failure to comply

Reinstatement and readmission

Expenses of occupational group

Collection of fine

Appeal to Trial Division

Use of "psychologist"

Offence

Action prohibited

By-laws

Regulations

Fees

Amount of fees

Use of money and audit

Transition

RSNL1990 cP-34 Rep.

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 Psychologists

Act, 2005.

Definitions

2. In

this Act

(a) "board" means the Newfoundland and

Labrador Psychology Board;

(b) "by-laws" means the by-laws made by

the board under

section 34 and the Corporations Act ;

(c) "director" means a person appointed

or elected to the board under

section 3 or 4 ;

(d) "minister" means the minister

appointed under the Executive Council Act

to administer this Act; and

(e) "registered psychologist" means a

person whose name is on the register of psychologists and whose registration is

not suspended, cancelled or withdrawn.

Board

(1) The

Newfoundland Board of Examiners in Psychology is continued under the name

Newfoundland and Labrador Psychology Board as a corporation without share

capital for the purposes of

Part XXI of the Corporations

Act .

(2) The board consists of

(a) 5 directors elected from and by registered

psychologists in accordance with the by-laws;

(b) 2 directors appointed under

section 4 who are not registered psychologists; and

(

c) the registrar of the board appointed under

section 6 who shall not have the right to vote.

(3) The board shall elect from among the directors

a chairperson.

(4) The chairperson shall chair all meetings of

the board and the annual general meeting required under

section 5 .

(5) A director may be elected for a term set by

the by-laws which shall not exceed 3 years and is eligible to be re-elected,

but shall not hold the office of director for more than 9 consecutive years.

(6) An elected director may resign the office of

director by written notice to the board.

(7) Where an elected director resigns, dies or

becomes incapable of performing the duties of a director, the remaining

directors shall appoint a replacement to serve until the next annual general

meeting.

Appointment by

minister

(1) The

minister shall appoint as directors 2 persons who are not registered

psychologists who are suitable to represent the public interest.

(2) A person appointed under subsection (1) holds

office for a term of 3 years and is eligible to be re-appointed.

(3) Where a person appointed under subsection

(1) holds office for a period of 9 consecutive years the person is not eligible for

appointment as a director until the expiration of 12 months from the end of the

year in which he or she was last a director.

(4) Where the term of office of a person appointed

under this

section expires, he or she continues to be a director until

re-appointed or replaced.

(5) The board shall pay the expenses of a person

appointed to the board under this

section in accordance with guidelines

established by the Lieutenant-Governor in Council.

(6) A person appointed under subsection (1) may be

removed from office by the minister before the expiration of his or her term of

office and no compensation shall be paid to him or her other than an amount

owing under subsection (5).

(7) A person appointed under subsection (1) may

resign from the board by written notice to the minister.

Meetings

(1) A

quorum of the board is 4 directors, one of whom is an appointed director.

(2) Except where prohibited in the by-laws, a

director may, where all the directors consent, participate in a meeting of the

board by means of the telephone or other telecommunication device that permits

all persons participating in the meeting to communicate with each other.

(3) Where a quorum under subsection (1) exists, a

majority of that number is sufficient to make a decision, and in the event of a

tie the chairperson of the meeting shall cast the deciding vote.

(4) The board shall hold, in accordance with the

by-laws, an annual general meeting of the registered psychologists at which

(

a) the election for the board shall be held; and

(

b) an auditor shall be appointed to audit the

accounts of the board and report on the financial statements prepared by the

board.

(5) The board may in its by-laws provide for

voting at a meeting of registered psychologists by mail or electronic means.

Registrar

6. The

board shall appoint a person to be the registrar, and the registrar is, by

virtue of his or her office, a non-voting director.

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) Where the board fails to comply with

subsection (1), the board is guilty of an offence and on

summary conviction may

be fined $1,000.

Powers of board

8. The

board may

(

a) acquire real or personal property by any

manner including by gift, devise, bequest or purchase and may sell, lease,

mortgage, alienate or otherwise charge or dispose of the property;

(

b) borrow money and secure repayment of it by

debenture, bond, mortgage, deed of trust or other instrument that it considers

necessary or convenient; and

(

c) make investments of its money in bonds,

debentures, mortgages, stocks, shares and other securities.

Duties of

registrar

(1) The

registrar is the secretary of the board and shall

(

a) keep a record of the proceedings of the board;

and

(

b) maintain a register containing the names of

the persons holding certificates of registration together with other information

that the board may require.

(2) The register of psychologists is, without

charge, open and subject to inspection at reasonable times.

Registration

(1) A

person may apply for registration under this Act where he or she

(

a) holds a doctoral degree or master's degree in

psychology from an educational institution approved by the board, or the

equivalent in content and training that is acceptable to the board;

(

b) has

(

i) where the applicant holds a doctoral degree or

the equivalent in content and training that is acceptable to the board, at

least one year of professional experience, or

(ii) where the applicant holds a master's degree or

the equivalent in content and training that is acceptable to the board, at

least 2 years of professional experience,

in the field of psychology acceptable to the

board that was obtained after the degree or equivalent referred to was completed

and, in case of an applicant holding a master's degree or equivalent, that was

supervised to the satisfaction of the board; and

(

c) has passed the examination as prescribed in

the regulations.

(2) An application for registration shall be

approved where the applicant

(

a) meets the requirements set out in subsection

(1);

(

b) has obtained professional liability coverage

in a form and amount satisfactory to the board; and

(

c) has paid the registration fee set by the

board.

(3) The registrar shall issue an annual

certificate of registration on approval of an application which shall expire on

December 31 of the year for which it is issued.

(4) A registered psychologist may apply for a

renewal of his or her annual certificate and where he or she meets the

requirements of subsection (2) the registrar shall issue an annual certificate

under subsection (3).

Provisional

registration

(1) The

board may register a person on a provisional basis after being reasonably

satisfied that the person has met the requirements for registration in

section 10 except those referred to in paragraphs 10 (1)(

b) and (c).

(2) Provisional registration may be subject to the

terms, conditions and limitations that may be set out by the board, including those

respecting professional supervision and the specific location for which the registration

is valid.

(3) Provisional registration is valid for one year

unless a shorter period is provided for by the board and the board may, on application,

renew a provisional registration.

(4) Notwithstanding

section 31 , a person provisionally registered may, subject to

the terms, conditions and limitations set by the board under subsection (2),

use the designation "psychologist".

Registration

altered

12. Where

the registration of a psychologist is cancelled, suspended, withdrawn or

reinstated, the registrar shall enter on the register of psychologists the date

and circumstances and the cancellation, suspension, withdrawal or reinstatement

is effective from that date of entry.

Refusal to

register

(1) A

person who is refused registration on the register of psychologists may within

30 days after receiving notice of the decision or order, appeal the refusal to

the Trial Division by filing a notice of appeal with the Registrar of the

Supreme Court.

(2) An appeal under this

section does not stay the

decision or order being appealed unless the Trial Division orders otherwise.

Definitions

14. In

this

section and sections 15 to 30 ,

(a) "allegation" means a written

document alleging that a person has engaged in conduct deserving of sanction;

(b) "complainant" means a person making

an allegation described in

section 16 ;

(c) "conduct deserving of sanction"

includes

(

i) professional misconduct,

(ii) professional incompetence,

(iii) conduct unbecoming a psychologist, and

(iv) acting in breach of this Act, the regulations

or the code of ethics made under

section 34;

(d) "costs incurred by the board"

includes

(

i) out of pocket expenses incurred by or on

behalf of the board,

(ii) amounts paid by the board to adjudication tribunal

members as remuneration and for expenses, and

(iii) the actual cost of legal counsel for the board

and the adjudication tribunal;

(e) "disciplinary panel" means the panel

of persons appointed under

section 15 from

which the members of an adjudication tribunal are chosen; and

(f) "respondent" means a registered

psychologist, or a former registered psychologist, against whom an allegation is

made.

Committees

(1) The

board shall appoint the chairperson, vice-chairperson and members of the

complaints authorization committee, and the registered psychologists who will

serve on the disciplinary panel, one of whom shall be appointed the chairperson.

(2) The complaints authorization committee shall

consist of at least 3 persons, all of whom shall be directors, and at least one

of whom shall be a director who was appointed by the minister.

(3) The registrar is not eligible to be a member

of the complaints authorization committee.

(4) The disciplinary panel shall consist of not

less than 10 registered psychologists who are not directors and not less than 3

persons who are not registered psychologists who shall be appointed by the

minister to represent the public interest.

(5) Of the members first appointed to the

disciplinary panel, one half shall be appointed for a term of 2 years and the

remainder for a term of 3 years and all subsequent appointments of members to

the disciplinary panel shall be for a term of 3 years.

(6) Notwithstanding the expiry of his or her term,

a member of the disciplinary panel continues to be a member until he or she is

re-appointed or his or her replacement is appointed.

(7) Persons appointed to the disciplinary panel

may be reappointed.

(8) Members of the disciplinary panel shall serve

on the panel without payment for their services, but may be remunerated for

services as a member of an adjudication tribunal and paid their travel and

other expenses associated with the work of that tribunal by the board, in accordance

with and at the rates set by the by-laws.

(9) The complaints authorization committee and an

adjudication tribunal appointed under

section 19

and a person appointed by either of them may summon a respondent or other

person and require the respondent or other person to give evidence, orally or

in writing, upon oath or affirmation, and produce the documents and things that

either of them considers necessary to the full investigation and hearing of an

allegation or complaint and shall have the powers, privileges and immunities

that are conferred on a commissioner appointed under the Public Inquiries Act.

Allegation

(1) An

allegation shall be in writing and signed by the complainant or his or her solicitor,

and filed with the registrar.

(2) The registrar may on his or her own motion

make an allegation and file it, and the allegation shall have the same effect

as an allegation referred to in subsection (1).

(3) Where the registrar has been informed that a

respondent has been convicted of an offence under the provisions of the Criminal Code or a similar penal statute

of another country or has been suspended by a governing body of psychologists

in another province or territory of Canada or another territory or country for

reason of professional misconduct, conduct unbecoming a psychologist or

professional incompetence, the information shall be dealt with by the registrar

as an allegation.

(4) For the purpose of subsection (3), a certified

copy of the record of a conviction or findings made or the action taken by an

external regulatory body constitutes proof, in the absence of evidence to the

contrary, of the conviction or findings made or the action taken by that body,

without proof of the signature of the convicting justice or person purporting

to have signed on behalf of that body.

Effect of filing

allegation

(1) Where

it appears to the registrar, after notifying the respondent of the allegation,

that the allegation may be resolved satisfactorily and where the complainant

and the respondent consent, the registrar may attempt to resolve the matter.

(2) Where the allegation is not satisfactorily

resolved by the registrar under subsection (1), the registrar shall refer the

allegation and all other allegations to the complaints authorization committee.

(3) The registrar shall inform a complainant and a

respondent of the referral of the allegation to the complaints authorization committee.

Complaints authorization

committee

(1) After

an allegation has been submitted to the complaints authorization committee, the

committee may exercise one or more of the following powers:

(

a) refer the allegation back to the registrar for

an investigation or alternative dispute resolution in accordance with the regulations;

(

b) conduct an investigation itself or appoint a

person to conduct an investigation on its behalf; and

(

c) require

the respondent to appear before it.

(2) Where the complaints authorization committee

is of the opinion there are no reasonable grounds to believe the respondent has

engaged in conduct deserving of sanction, the committee shall dismiss the

allegation and give notice in writing of the dismissal to the complainant.

(3) Where the complaints authorization committee

is of the opinion that there are reasonable grounds to believe that a

respondent has engaged in conduct deserving of sanction, the allegation shall

be considered as constituting a complaint, and the committee may

(

a) counsel or caution the respondent; or

(

b) instruct the registrar to file the complaint

against the respondent and refer it to the disciplinary panel; and

(

c) recommend to the board that

(

i) the respondent's practice be suspended or

restricted, or

(ii) the registrar conduct an investigation of the

respondent's practice, and where the board approves an investigation the

registrar shall conduct it,

at any time before a final determination by

the adjudication tribunal.

(4) A person conducting an investigation under

paragraph (1)(a), (

b) or subparagraph (3)(c)(ii) may

(

a) require a respondent to

(

i) undergo an examination or assessment he or she

considers necessary and as arranged by the registrar or the board, and

(ii) permit the registrar or a director or another

person appointed by the board to inspect and copy the records of the respondent

and other documents relating to the subject matter of the investigation; and

(

b) require another person to permit the registrar

or a director or another person appointed by the board to inspect and copy records

and other documents relating to the subject matter of the investigation held by

that person,

and the respondent or other person shall

comply.

(5) Where the registrar, a director or another

person requires that a respondent or another person provide information under

subsection (4), that information shall be provided within 7 days or a different

period as specified.

(6) An action for damages does not lie against a

registered psychologist or another person to whom a request is made solely

because he or she provides information requested of him or her under subsection

(4).

(7) Where the complaints authorization committee

recommends to the board that a respondent's practice be suspended, restricted

or investigated the board may

(

a) decide not to act on the recommendation; or

(

b) suspend, restrict or investigate the

respondent's practice.

(8) A complainant whose allegation is dismissed by

the complaints authorization committee under subsection (2) may within 30 days

after receiving notice of the dismissal, appeal the dismissal to the Trial

Division by filing a notice of appeal with the Registrar of the Supreme Court.

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

Crown.

Adjudication tribunal

(1) For

the purpose of dealing with complaints referred to the disciplinary panel, the

chairperson of the disciplinary panel shall appoint from it an adjudication

tribunal consisting of 3 persons, of whom 2 shall be registered psychologists

and one shall represent the public interest.

(2) The chairperson of the disciplinary panel

shall appoint one of the registered psychologists on an adjudication tribunal

to be the chairperson.

Hearing

(1) Where

a complaint has been referred under paragraph 18 (3)(b),

an adjudication tribunal shall hear the complaint.

(2) The parties to a hearing are the board and the

respondent and a party may be represented by his or her counsel at a hearing.

(3) A hearing shall be conducted in public but an

adjudication tribunal may exclude the public from a hearing, or from part of

it, where it considers the desirability of protecting a party to the complaint

or another person against the consequences of possible disclosure of personal

matters outweighs the desirability of holding the hearing in public.

Copies of books,

etc. as evidence

21. A

copy or extract of a book, record, document or thing certified by

(

a) a member of the complaints authorization

committee; or

(

b) a person authorized under subsection 18 (4) to conduct an inspection,

who made the copy or extract under

subsection 18 (4) is admissible in evidence in

an action, proceeding or prosecution, in the absence of evidence to the

contrary, as evidence of the original book, record, document or thing and its

contents.

Guilty plea by

respondent

(1) Where

a respondent pleads guilty to one or more of the charges set out in a

complaint, the adjudication tribunal shall, without calling evidence or hearing

witnesses, unless the tribunal believes it is appropriate to do so, hear

submissions from the parties.

(2) Where a respondent pleads guilty, and

following submissions under subsection (1), the adjudication tribunal may

(

a) reprimand the respondent;

(

b) order that the respondent be suspended for a

fixed period that it considers appropriate, until conditions which it may

impose are fulfilled, or until further order of the adjudication tribunal;

(

c) allow or direct the respondent to withdraw his

or her registration upon those conditions that may be considered appropriate

and strike the respondent's name from the register;

(

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

(

e) order that the respondent pay the costs or a

part of the costs incurred by the board in the investigation and hearing of the

complaint;

(

f) order that the registrar publish a

summary of

the decision including the information set out in subsection 24 (4) and other information that the tribunal may

specify; and

(

g) order that the respondent comply with one or

more of the following:

(

i) make restitution to the complainant or other

person affected by the conduct of the respondent,

(ii) obtain medical treatment,

(iii) obtain counselling,

(iv) obtain substance abuse counselling or

treatment, until the respondent can demonstrate to the board or other body or

person designated by the adjudication tribunal that a condition related to substance

abuse rendering the respondent incapable or unfit to practise has been overcome,

(

v) engage in continuing education programs,

(vi) complete a course of studies or obtain

supervised clinical experience, or both, to the satisfaction of the board or another

body or person designated by the adjudication tribunal,

(vii) report on his or her compliance with an order

made under this

section and authorize others involved with his or her treatment

or supervision to report on it,

(viii) restrict his or her professional practice or

continue his or her practice under specified conditions,

(ix) permit periodic inspections of his or her

practice,

(

x) permit periodic inspection of records relating

to his or her practice, or

(xi) impose other requirements that are just and

reasonable in the circumstances.

(3) The costs incurred by the board to ensure the

compliance of a respondent with an order or direction of an adjudication

tribunal under this

section shall be borne by the respondent.

Powers of adjudication

tribunal

(1) Upon

the hearing of a complaint, an adjudication tribunal shall decide whether or

not a respondent is guilty of conduct deserving of sanction.

(2) Where an adjudication tribunal decides that a

respondent is not guilty, it shall dismiss the complaint and may, where it

believes that the submission of the complaint to the tribunal for a hearing was

unreasonable,

(

a) order that those costs that the tribunal

considers appropriate be paid by the board to the respondent; and

(

b) make another order that it considers

appropriate.

(3) Where an adjudication tribunal decides that a

respondent is guilty, it may

(

a) reprimand the respondent;

(

b) order that the respondent be suspended for a

fixed period that it considers appropriate, until conditions which it may

impose are fulfilled, or until further order of the adjudication tribunal;

(

c) allow or direct the respondent to withdraw his

or her registration upon those conditions that may be considered appropriate

and strike the respondent's name from the register;

(

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

(

e) order that the respondent pay the costs or a

part of the costs incurred by the board in the investigation and hearing of the

complaint;

(

f) order that the registrar publish a

summary of

the decision including the information set out in subsection 24 (4) and other information that the tribunal may

specify; and

(

g) order that the respondent comply with one or

more of the following:

(

i) make restitution to the complainant or other

person affected by the conduct of the respondent,

(ii) obtain medical treatment,

(iii) obtain counselling,

(iv) obtain substance abuse counselling or

treatment, until the respondent can demonstrate to the board or other body or

person designated by the adjudication tribunal that a condition related to

substance abuse rendering the respondent incapable or unfit to practise has

been overcome,

(

v) engage in continuing education programs,

(vi) complete a course of studies or obtain

supervised clinical experience, or both, to the satisfaction of the board or

other body or person designated by the adjudication tribunal,

(vii) report on his or her compliance with an order

made under this

section and authorize others involved with his or her treatment

or supervision to report on it,

(viii) restrict his or her professional practice or

continue his or her practice under specified conditions,

(ix) permit periodic inspection of his or her

practice,

(

x) permit periodic inspection of records relating

to his or her practice, or

(xi) impose other requirements that are just and

reasonable in the circumstances.

(4) The costs incurred by the board to ensure the

compliance of a respondent with an order or direction of an adjudication

tribunal under this

section shall be borne by the respondent.

Filing and publication

of decisions

(1) An

adjudication tribunal shall file a decision or order made under subsection 22 (2) or 23 (3) with

the registrar and provide a copy to the complainant and the respondent and the

respondent's employer.

(2) The registrar shall maintain a copy of a

decision or order filed under subsection (1) for a minimum of 5 years after the

day the decision is filed and shall upon receiving a request to view the

disciplinary records in relation to a registered psychologist permit a person

to view a

summary of a decision where that registered psychologist was the

respondent, prepared in accordance with subsection (4).

(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 filing of the decision or order, where the decision or

order

(

a) suspends the respondent;

(

b) allows or directs the respondent to withdraw

his or her registration;

(

c) restricts the respondent's 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) 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.

(5) Where a decision published under this

section

is varied or set aside, the registrar shall within 14 days of the filing of the

subsequent decision or order publish a

summary of the decision or order and

subsections (3) and (4) apply, with the necessary changes.

De-registration

and suspension

(1) Where

a respondent is struck off the register or is permitted to surrender his or her

certificate of registration, his or her rights and privileges as a registered

psychologist cease.

(2) Where a respondent is suspended, his or her

rights and privileges as a registered psychologist cease for the period of suspension.

(3) Where conditions or restrictions have been

imposed upon a respondent's ability to carry on his or her practice, his or her

rights and privileges as a registered psychologist shall be limited to the

extent specified by the conditions or restrictions.

Failure to comply

(1) On

application by the board to the disciplinary panel, an adjudication tribunal

may make an order suspending the rights and privileges of a respondent where it

determines that the respondent has failed to comply with a decision or an order

under sections 14 to 30 .

(2) The parties to the application are the board

and the respondent.

(3) An order of an adjudication tribunal under

this

section may suspend the rights and privileges of the respondent for a

fixed period that the adjudication tribunal may consider appropriate, or until

conditions which it may impose are fulfilled, or until further order of the

adjudication tribunal.

Reinstatement and

readmission

(1) Where

a decision or order of the adjudication tribunal

(

a) suspends the respondent;

(

b) allows or directs the respondent to withdraw

his or her registration;

(

c) restricts the respondent's practice; or

(

d) specifies conditions for the continuing

practice of the respondent,

and where the respondent alleges that new

evidence has become available or a material change in circumstances has

occurred since the making of the decision or order, the respondent may apply to

the complaints authorization committee for a supplementary hearing to discharge

or vary the decision or order based on the new evidence or material change in

circumstances.

(2) An application under subsection (1) shall be

made not more than 90 days after the new evidence becomes available or the

material change in circumstances has occurred.

(3) Where an application is made to the complaints

authorization committee under subsection (1), and the committee is of the opinion

that new evidence has become available or that a material change in

circumstances has occurred, as alleged by a respondent, the matter shall be

referred to the disciplinary panel as if it were a matter referred under

paragraph 18 (3)(

b) and sections 20 to 25 apply, with

the necessary changes, to the referred matter.

(4) The parties to a supplementary hearing under

this

section are the respondent and the board.

(5) For the purpose of this section, in addition

to an order that an adjudication tribunal may make under

section 23 , a tribunal may

(

a) vary the original decision or order made under

section 23 ; or

(

b) discharge the original decision or order, with

or without conditions.

Expenses of occupational

group

(1) Where

a person who was ordered to pay the costs of the board under paragraph 22 (2)(

e) or 23 (3)(

e) fails to pay in the time required, the board may suspend the registration of

that person until the costs are paid.

(2) Costs ordered to be paid under paragraph 22 (2)(

e) or 23 (3)(

e) are a debt due the board and may be recovered by the board by a civil action.

Collection of

fine

(1) Where

an order is made under

section 22 or 23 imposing a fine on a respondent, the board may

issue a certificate stating the amount of the fine due and remaining unpaid and

the name of the person by whom it is payable, and file the certificate with the

Registrar of the Supreme Court.

(2) Where a certificate is filed with the

Registrar of the Supreme Court under subsection (1), it has the same effect and

all proceedings may be taken on the certificate as if it were a judgment of the

Trial Division for the recovery of the amount stated in the certificate against

the person named in the certificate.

(3) A person named in a certificate filed under

this

section may, within 30 days after the certificate is filed, apply to a

judge of the Trial Division for a review, on a question of law or jurisdiction,

of the certificate.

(4) On an application under subsection (3), the

judge may make an amendment to the certificate that is necessary to make the

certificate accord with the judge's decision.

(5) There is no appeal from a decision of a judge

made under this section.

(6) A certificate filed under this

section may

also be filed in the judgment enforcement registry on the expiration of the 30

day period referred to in subsection (3) in accordance with

Part III of the Judgment Enforcement Act and be enforced

in accordance with that Act.

Appeal to Trial

Division

(1) The

board or the respondent may, within 30 days after receiving notice of a

decision or order of an adjudication tribunal under this Act, appeal the

decision or order to the Trial Division by filing a notice of appeal with the

Registrar of the Supreme Court.

(2) An appeal under this

section does not stay the

decision or order being appealed unless the Trial Division orders otherwise.

Use of

"psychologist"

(1) A

registered psychologist may use the designation "psychologist".

(2) A person other than a registered psychologist

who holds himself or herself out to the public by a title or description of

services as a psychologist or as a person who practices psychology is guilty of

an offence.

(3) Subsection (2) does not apply to students of

psychology, interns of psychology or professors of psychology while carrying

out their teaching and research duties, so long as they use a title or description

of services that clearly indicates their student, intern, or professor status.

Offence

32. A

person who knowingly by false declaration or representation obtains or attempts

to obtain registration under this Act for himself or herself or another person

is guilty of an offence.

Action prohibited

33. An

action for damages shall not lie against the board, disciplinary panel,

adjudication tribunal or the individual members of those bodies, an

investigator appointed under this Act, the registrar, or an officer or employee

of the board for

(

a) an act or failure to act, or a proceeding

initiated or carried out in good faith under this Act, or carrying out their

duties or obligations as an officer, employee or member under this Act; or

(

b) for a decision or order made or enforced in

good faith under this Act.

By-laws

(1) The board may make by-laws

(

a) providing for the holding and procedure of its

meetings;

(

b) providing for the election of directors and

setting terms of office;

(

c) providing for voting at a meeting of

registered psychologists by mail or electronic means;

(

d) respecting the participation of directors at a

meeting of the board by telephone or other telecommunications device under

section 5 ;

(

e) establishing a code of ethics which may

include a definition of "professional misconduct" and "conduct

unbecoming a psychologist" for the purposes of sections 14 to 30 ;

(

f) respecting procedures respecting applications

for registration on the register of psychologists;

(

g) respecting the issuing and renewal of

certificates of registration;

(

h) respecting the suspension or cancellation of

the registration of registered psychologists for the non-payment of fees;

(

i) respecting the reinstatement of registered

psychologists whose registration has been suspended, cancelled or allowed to

lapse for reasons unrelated to discipline;

(

j) respecting the payment of the travel and other

expenses of elected directors;

(

k) setting the rates of remuneration for members

of an adjudication tribunal;

(

l) respecting the duties and remuneration of the

registrar and persons employed by the board;

(

m) respecting the appointment of committees and

the duties and powers of committees; and

(

n) generally to assist in the administration of

this Act and the regulations.

(2) The board shall have its by-laws available for

inspection by the public on reasonable notice and at reasonable hours.

Regulations

(1) The

board may make regulations, with the approval of the minister,

(

a) respecting the examination of applicants for

registration on the register of psychologists;

(

b) respecting a program of continuing education

for registered psychologists;

(

c) respecting alternative dispute resolution for

the purposes of sections 14 to 30 and the procedure for that resolution;

(

d) prescribing time limits for events in the

disciplinary process in sections 14 to 30 , including time limits for

(

i) the filing of an allegation,

(ii) the resolution of an allegation by the

registrar,

(iii) the conduct of an investigation under

section 18 ,

(iv) consideration of an allegation by the

complaints authorization committee following completion of an investigation,

(

v) responding to a complainant and respondent at

each stage of the process,

(vi) the conduct of a practice investigation under

subparagraph 18 (3)(c)(ii),

(vii) the appointment of an adjudication tribunal

under

section 19 , and

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

decision or order by an adjudication tribunal following completion of the

hearing;

(

e) respecting the designation of areas of

competence of registered psychologists and their use of special titles for

those areas; and

(

f) generally to give effect to the purpose of

this Act.

(2) Notwithstanding subsection (1), the minister

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

process under sections 14 to 30 where the board does not do so in a time period

the minister considers reasonable.

Fees

36. The

board may set fees for the purposes of this Act.

Amount of fees

37. In

prescribing the amount of fees under

section 36

the board shall ensure that the level of the fees is sufficient to provide it

with the income necessary to discharge its functions and duties under this Act.

Use of money and

audit

38. Money

received by the board shall be applied by the board in the discharge of its

functions and duties under this Act.

Transition

(1) The

members of the Newfoundland Board of Examiners in Psychology on the day this

Act comes into force are continued as directors until an election is held under

section 5 .

(2) An election to elect the 5 directors referred

to in paragraph 3 (2)(

a) shall be held within 12

months after the day this Act comes into force.

(3) The minister shall make appointments under

section 4 within 30 days of the election held

under subsection (2).

(4) Of the directors first elected under

section 5,

(a) 3 shall be appointed for a term of 3 years;

and

(b) 2 shall be appointed for a term of 2 years.

RSNL1990 cP-34

Rep.

40. The Psychologists

Act is repealed.

Earl G. Tucker, Queen's Printer