Second

Session, 45th General Assembly

Elizabeth II, 2005

BILL 56

AN ACT RESPECTING

OCCUPATIONAL

THERAPISTS

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 occupational therapists.

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 OCCUPATIONAL

THERAPISTS

Analysis

Short title

Definitions

Board continued

Appointment by minister

Meetings

Functions of board

Annual report

Fees

Licence

Provisional licence

Duties of registrar

Proof of registration

Definitions

Complaints and disciplinary panel

Allegation

Effect of filing allegation

Complaints authorization committee

Adjudication tribunal

Hearing

Guilty plea by respondent

Powers of adjudication tribunal

Filing and publication of decisions

De-registration and suspension

Failure to comply

Reinstatement and readmission

Costs of board

Collection of fine

Appeal to Trial Division

Copies of books, etc. as evidence

Regulations

By-laws, fees and forms

Limitation to practise

Prohibition

Saving

Action prohibited

Offence

Transition

RSNL1990 cO-4 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 Occupational

Therapists Act, 2005 .

Definitions

2. In

this Act

(a) "association" means the Newfoundland and

Labrador Association of Occupational Therapists;

(b) "board" means the Newfoundland and

Labrador Occupational Therapy Board referred to in

section 3 ;

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

the board under

section 31 and the Corporations Act ;

(d) "chairperson" means the person

elected as chairperson of the board under subsection 3 (4);

(e) "director" means a person elected or

appointed to the board;

(f) "licence" means a licence to

practise as an occupational therapist issued under this Act and includes a

provisional licence;

(g) "minister" means the minister

appointed under the Executive Council Act

to administer this Act;

(h) "occupational therapist" means a

person who practises occupational therapy;

(i) "occupational therapy" means the art

and science which uses the analysis and application of activities specifically

related to occupational performance in areas of self-care, productivity and

leisure by addressing problems which impede functional or adaptive behaviour in

persons whose occupational performance is impaired by illness, injury,

emotional disorder, developmental disorder, social disorder or the aging

process;

(j) "register" means the register of

occupational therapists; and

(k) "registrar" means the Registrar of

Occupational Therapists elected under

section 3 .

Board continued

(1) The

Newfoundland and Labrador Occupational Therapy Board is continued 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 licensed

occupational therapists in accordance with the by-laws; and

(b) 2 directors appointed under

section 4 who are not licensed occupational therapists.

(3) A member of the board of directors of the

association is ineligible to be a director of the board.

(4) The board shall elect from among the elected

directors a chairperson and a registrar.

(5) The chairperson shall chair all meetings of

the board and the annual general meeting required under

section 5 .

(6) 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.

(7) An elected director may resign the office of

director by written notice to the board.

(8) 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 of the board 2 persons who are not

occupational therapists 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 member of the board 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 an appointed director

expires, he or she continues to be a director until re-appointed or replaced.

(5) The board shall pay the expenses of an

appointed director in accordance with guidelines established by the

Lieutenant-Governor in Council.

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

resign the office of director 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 licensed occupational therapists at

which

(

a) the election for directors 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 the annual general meeting of licensed occupational therapists by mail or

electronic means.

Functions of

board

6. The

functions of the board are

(

a) to establish educational and professional

standards for occupational therapists;

(

b) to establish qualifications for being licensed

as an occupational therapist;

(

c) to examine candidates applying to be licensed;

(

d) to develop and publicize the functions and

areas of competence of and standards of practice for occupational therapists;

(

e) to monitor the need for occupational

therapists; and

(

f) to perform those other tasks not included in

paragraphs (

a) to (

f) that are in keeping with the purposes of this Act.

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.

Fees

(1) In prescribing the fees payable under this Act the board shall, where it is

practicable, ensure that the amounts of the fees are sufficient to enable it to

discharge its duties.

(2) All money received by the board shall be

applied by it to its duties under this Act.

Licence

(1) The

board shall issue to an applicant a licence to practise as an occupational

therapist where he or she

(

a) pays the fee set by the board;

(

b) is a graduate of a school or program of

occupational therapy recognized by the board;

(

c) provides proof that he or she has applied for

membership in the association and paid the membership fee set by the association;

(

d) provides proof that he or she has obtained

professional liability insurance coverage in a form and amount satisfactory to the

board; and

(

e) satisfies other requirements that may be set

by the board in the regulations.

(2) Except where a licence has been suspended

under sections 13 to 29

and subject to the conditions for the renewal of a licence that the board may

by regulation prescribe, the licence of an occupational therapist shall be

renewed annually upon payment of the prescribed fee.

Provisional

licence

(1) The board may issue a provisional licence to a person after being reasonably

satisfied that that person has met the academic qualifications required for

licensing established under paragraph 9 (1)(b),

notwithstanding that the person has not met the other conditions for licensing

that may be prescribed by the regulations.

(2) A provisional licence is subject to the terms,

conditions and limitations that the board may establish in relation to the

licence at the time it is issued, including the specific location for which the

licence is valid.

(3) A provisional licence is valid for one year

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

application, renew a provisional licence.

(4) Notwithstanding

section 32 , a person to whom a provisional licence has been

issued may, subject to the terms, conditions and limitations under which the

licence was issued, use the designation "occupational therapist".

Duties of

registrar

(1) The registrar shall

(

a) keep a register containing the names of

persons licensed to practise occupational therapy in the province and other information

that may be required by the board;

(

b) act as secretary to the board; and

(

c) perform the other duties that the board may

assign.

(2) The registrar shall make the register of the

board available for inspection by the public on reasonable notice and at

reasonable times.

Proof of

registration

12. A

certificate signed or purporting to be signed by the registrar that the name of

a person was or was not entered in the register on a date or during a period

specified in the certificate shall be admissible in evidence without proof of

the signature of the registrar, and the contents of the certificate shall be,

in the absence of evidence to the contrary, evidence of the facts stated in it.

Definitions

13. In

this

section and sections 14 to 29

(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 15 ;

(c) "conduct deserving of sanction"

includes

(

i) professional misconduct,

(ii) professional incompetence,

(iii) conduct unbecoming a licensed occupational

therapist, and

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

or the code of ethics made under

section 31 ;

(d) "costs incurred by the board" means

(

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 legal costs of the board and an

adjudication tribunal;

(e) "disciplinary panel" means the panel

of persons appointed under

section 14 from

which the members of an adjudication tribunal are drawn; and

(f) "respondent" means a licensed

occupational therapist or former licensed occupational therapist against whom

an allegation is made.

Complaints and

disciplinary panel

(1) The board shall appoint 3 directors,

at least one of whom is a director appointed under

section 4 , to constitute a complaints authorization

committee.

(2) The chairperson of the board and a person

designated to receive allegations under

section 15

are not eligible to be members of the complaints authorization committee.

(3) The board shall appoint the chairperson and

vice-chairperson of the complaints authorization committee from the persons

appointed under subsection (1).

(4) The board shall appoint at least 10 licensed

occupational therapists who are not directors, one of whom shall be appointed

to serve as chairperson, and the minister shall appoint at least 3 persons who

are not licensed occupational therapists to represent the public interest, who

shall together constitute a disciplinary panel.

(5) Where an occupational therapist is appointed

under subsection (4) he or she shall serve on the disciplinary panel as a

condition of his or her licence unless the board determines that he or she is

unable to serve for reasons beyond his or her control.

(6) 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.

(7) 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.

(8) Persons appointed to the disciplinary panel

may be reappointed.

(9) The complaints authorization committee and an

adjudication tribunal appointed under

section 18

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

person and require him or her to give evidence, orally or in writing, upon oath

or affirmation, and produce the documents and things that he or she considers

necessary to the full investigation and hearing of an allegation or complaint

and have the powers, privileges and immunities that are conferred on a

commissioner appointed under the Public Inquiries

Act.

(10) A member of the disciplinary panel shall serve

as a member of the panel without payment for his or her services but may be remunerated

for services as a member of an adjudication tribunal and paid his or her travel

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

accordance with the rates set by the by-laws.

Allegation

(1) An

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

solicitor, and filed with the chairperson.

(2) The board may designate a person to act in the

place of the chairperson for the purposes of sections 13

to 29 .

(3) The chairperson may on his or her own motion

make an allegation and file it, and the allegation has the same effect as an

allegation referred to in subsection (1).

(4) Where the chairperson 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 occupational

therapists in another province or territory of Canada or another territory or

country for reason of professional misconduct, conduct unbecoming an

occupational therapist or professional incompetence, the information shall be

dealt with by the chairperson as an allegation.

(5) For the purpose of subsection (4), 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 chairperson, after notifying the respondent of the

allegation, that the allegation may be resolved satisfactorily and where the

complainant and the respondent consent, the chairperson may attempt to resolve

the matter.

(2) Where the allegation is not satisfactorily

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

the allegation and all other allegations to the complaints authorization

committee.

(3) The chairperson 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 chairperson

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 is

considered to constitute a complaint, and the committee may

(

a) counsel or caution the respondent; or

(

b) instruct the chairperson 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 chairperson conduct an investigation of

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

chairperson 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 chairperson or the board, and

(ii) permit the chairperson or a director or a

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

chairperson or a director or a 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 chairperson, a director or a person

appointed by the board requires that a respondent or another person provide

information under subsection (4), that information shall be provided within 7

days of receipt of the requirement or a different period as specified.

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

licensed occupational therapist 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 licensed occupational

therapists and one shall be a member of the panel appointed to represent the

public interest.

(2) The chairperson of the disciplinary panel

shall appoint one of the licensed occupational therapists on an adjudication

tribunal to be the chairperson.

Hearing

(1) Where

a complaint has been referred under paragraph 17 (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.

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 surrender

his or her licence to the board upon those conditions that may be considered

appropriate and strike the respondent's name from the register;

(

d) impose a fine to be paid to the board, 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 chairperson publish a

summary

of the decision including the information set out in subsection 22 (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, or

(ix) 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 surrender

his or her licence to the board upon those conditions that may be considered

appropriate and strike the respondent's name from the register;

(

d) impose a fine to be paid to the board, 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 chairperson publish a

summary

of the decision including the information set out in subsection 22 (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, or

(ix) 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 20 (2) or 21 (3) with

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

the respondent's employer.

(2) The chairperson 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 an occupational therapist permit a person

to view a

summary of a decision where that licensed occupational therapist was

the respondent, prepared in accordance with subsection (4).

(3) The chairperson 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 surrender

his or her licence;

(

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 chairperson shall within 14 days of the filing of

the subsequent decision or order publish a

summary of the decision or order and

subsections (2) and (3) apply, with the necessary changes.

De-registration

and suspension

(1) Where

an occupational therapist is struck off the register, his or her rights and privileges

as a licensed occupational therapist cease.

(2) Where an occupational therapist is suspended,

his or her rights and privileges as a licensed occupational therapist cease for

the period of suspension.

(3) Where conditions or restrictions have been

imposed upon an occupational therapist's ability to carry on his or her practice,

his or her rights and privileges as a licensed occupational therapist 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

section 20 or 21 .

(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 surrender

his or her licence;

(

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 an adjudication tribunal as if it were a matter referred under

paragraph 17 (3)(

b) and sections 19 to 24 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 21 , a tribunal may

(

a) vary the original decision or order made under

section 21 ; or

(

b) discharge the original decision or order, with

or without conditions.

Costs of board

(1) Where

a person who was ordered to pay the costs of the board under paragraph 20 (2)(

e) or 21 (3)(

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

person until the costs are paid.

(2) Costs ordered by the board under paragraph 20 (2)(

e) or 21 (3)(

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

Collection of

fine

(1) Where an order is made under

section 20 or 21 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.

Copies of books,

etc. as evidence

29. 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 17 (4) to conduct an inspection,

who made the copy or extract under

subsection 17 (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.

Regulations

(1) The

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

(

a) prescribing conditions for the licensing of

persons to practise occupational therapy and for the renewal of licences;

(

b) providing for the issuance of provisional

licences;

(

c) approving schools and programs of occupational

therapy;

(

d) respecting continuing education courses and

other programs for the purpose of maintaining and improving professional

standards;

(

e) providing for the referral of persons by a

person other than a legally qualified medical practitioner to an occupational

therapist;

(

f) respecting alternative dispute resolution for

the purposes of sections 13 to 29 and the procedure for that resolution;

(

g) prescribing time limits for events in the

disciplinary process in sections 13 to 29 , including time limits for:

(

i) the filing of an allegation,

(ii) the resolution of an allegation by the

chairperson under

section 16 ,

(iii) the conduct of an investigation under

section 17 ,

(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 17 (3)(c)(ii),

(vii) the appointment of an adjudication tribunal

under

section 18 , and

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

decision or order by an adjudication tribunal following completion of the

hearing.

(2) Notwithstanding paragraph (1)(g), the minister

may make regulations prescribing time limits for events in the disciplinary

process under sections 13 to 29 where the board does not do so within the time the

minister considers reasonable.

By-laws, fees and

forms

(1) The

board may make by-laws

(

a) providing for the holding and procedure of its

meetings;

(

b) providing for the election of directors under

section 5 and setting the terms of office;

(

c) limiting the participation of directors in a

meeting of the board by telephone or other telecommunications device under

section 5 ;

(

d) providing for voting at a meeting of the

licensed occupational therapists by mail or electronic means;

(

e) respecting the rates of remuneration for

members of an adjudication tribunal;

(

f) establishing a code of ethics which may

include a definition of "professional misconduct" and "conduct

unbecoming an occupational therapist" for the purposes of sections 13 to 29 ; and

(

g) 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.

(3) The board may set fees and forms for the

purpose and administration of the Act.

Limitation to

practise

(1) A person shall not use the designation "occupational therapist" or

words or the letters "O.T." or letters similar to them indicative of

that designation or seek to convey the impression of being an occupational

therapist licensed under this Act unless that person is licensed under this

Act.

(2) A person shall not practise occupational

therapy except upon referral of a person to the person by a legally qualified

medical practitioner or another person authorized by the regulations to make a

referral.

(3) An occupational therapist shall not diagnose

or prescribe medicines or drugs.

Prohibition

33. A

person shall not engage in the practice of occupational therapy unless that

person is licensed as an occupational therapist under this Act.

Saving

34. Notwithstanding

section 33 , nothing in this Act limits or prevents

the practice of occupational therapy

(

a) by a legally qualified medical practitioner;

(

b) by a person in giving first aid or temporary

help in case of emergency.

Action prohibited

35. An

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

adjudication tribunal or the individual members of those bodies, a person

appointed by the complaints authorization committee to conduct an

investigation, the registrar, or an officer, employee or agent 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, member, agent or investigator

under this Act; or

(

b) for a decision or order made or enforced in

good faith under this Act.

Offence

36. A

person who contravenes this Act commits an offence and is liable on

summary

conviction to a fine not exceeding $1,000 for a first conviction and to a fine

not exceeding $3,000 for a second or subsequent conviction.

Transition

(1) The

members of the Newfoundland and Labrador Occupational Therapy Board on the day before this Act

comes into force are continued as directors of the board 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 cO-4

Rep.

38. The Occupational

Therapists Act is repealed.

Earl G. Tucker, Queen's Printer