November 24, 2022

712470149/1665129340/1494419931

E4tlc22043

Interpretation and Guiding Principles

Interpretation

General

definitions

In this Act:

accreditation standards means accreditation standards as defined in

section 7 (2) [types of standards] ;

actionable conduct has the meaning given to it in

section 11 (1) [misconduct and actionable conduct] ;

administrative matter means a matter referred to in

section 107 [what are administrative matters] ;

anti-discrimination measures means measures taken, including implementing processes, for the purposes of conducting regulatory processes or providing health services in a manner that is consistent with one or more of the objectives referred to in

section 15 [anti-discrimination measures] ;

aspect of practice means an activity, other than a restricted activity, that

is part of providing a health service that is within the scope of practice of a designated health profession, and

requires professional knowledge, skills, ability and judgment;

assessment , in the context of an assessment by a regulated health practitioner of a patient or of a respondent undergoing a capacity evaluation, means to apply a clinical judgment for the purposes of evaluating the patient's or respondent's physical or mental condition to determine the following:

in the case of a patient, whether the condition can be improved or resolved by the provision of health services that the regulated health practitioner is authorized to provide;

in the case of a respondent, the matters referred to in

section 141 (1) (b) [assessments and reports] ;

authorization , in the context of a designated health occupation, means an authorization, in the form of a permit, letter or other type of written record, to practise the designated health occupation, issued or renewed by the health occupation director of the applicable regulatory program;

board means a board of a regulatory college;

bylaw means a bylaw of a regulatory college, made by the board;

capacity , except in

section 343 (3) [corporate matters] , means capacity to be fit to practise a designated health profession, as described in

section 39 (3) [fit to practise] ;

capacity evaluation means an evaluation of a respondent's capacity, conducted as part of an investigation and further to an order made under

section 140 [initiating capacity evaluation] ;

capacity officer means a person retained or employed under

section 363 [officers] to exercise the powers and perform the duties of a capacity officer;

capacity record has the meaning given to it in

section 390 [disciplinary and capacity records] ;

capacity

summary means the

summary described in

section 390 (2) (b);

citation means a citation for a discipline hearing, issued by the director of discipline;

competence means competence to be fit to practise a designated health profession, as described in

section 39 (2);

competence assessment means an assessment of a respondent's competence, conducted as part of an investigation and further to an order made under

section 132 [competence assessments] ;

conflict of interest includes actual, potential and perceived conflicts of interest;

continuing practice order means an order made under

section 146 [continuing practice order] ;

continuing professional development means an activity or program undertaken for the purpose of ensuring that professional knowledge, skills and abilities remain current;

corporation has the same meaning as in the Business Corporations Act ;

credential means a certificate or other record that is evidence of the holder's education, training, experience or other qualifications;

criminal record check has the same meaning as "criminal record check" or "criminal record check verification", as applicable in the context, in the Criminal Records Review Act ;

criminal record check authorization has the same meaning as in the Criminal Records Review Act ;

designated health occupation means a health occupation that is designated under

Part 2 [Designation and Model of Regulation] as a designated health occupation;

designated health profession means a health profession that is designated under

Part 2 as a designated health profession;

designated profession or occupation means a designated health profession or designated health occupation;

designation assessment means an assessment conducted under Division 1 [Designation] of

Part 2;

designation regulation means a regulation of the minister that designates a health profession or health occupation as a designated profession or occupation;

diagnose means to identify a disease, disorder or condition as the cause of the signs expressed or symptoms exhibited by an individual;

director of discipline means the person appointed under

section 444 [director of discipline] as the person responsible for the management of the discipline tribunal;

disciplinary order means the following:

an order that

is or may be made against a respondent for the purpose of disposing of an administrative matter, regulatory complaint or citation, and

is described in

section 268 [restorative processes] , 269 [orders not affecting practice authority] , 270 [orders affecting practice authority] or 271 [monetary penalties and refunds] ;

an order made against a respondent by a discipline panel in the course of a discipline hearing;

disciplinary record has the meaning given to it in

section 390;

discipline hearing means a hearing before a discipline panel of the discipline tribunal;

discipline panel means a discipline panel appointed under

section 169 [appointing discipline panels] to conduct a discipline hearing;

discipline panel member means a person appointed under

section 449 [appointment of discipline panel members] ;

discipline tribunal means the discipline tribunal established under

section 443 [establishment of discipline tribunal] ;

disclose includes all of the following:

to give, under this Act, information or a record to a person;

to publish information, a record or a registry;

to include information in a registry, if the information will be publicly accessible;

discrimination means discrimination as defined in

section 9 [discrimination] ;

eligibility standards means eligibility standards as defined in

section 7 (2);

employee means the following:

an employee, agent or volunteer;

a person acting under contract;

a person holding hospital privileges;

ethics standards means ethics standards as defined in

section 7 (2);

extrajurisdictional practitioner means a person who is or was authorized to practise a health profession or health occupation in a jurisdiction other than British Columbia;

extrajurisdictional regulator means a body that is responsible, under an enactment of a jurisdiction other than British Columbia, for governing the practice of a health profession or health occupation in that jurisdiction;

family member means a spouse, child, parent, sibling or a person within a prescribed class of persons;

fit to practise has the meaning given to it in

section 39;

govern , in relation to a designated profession or occupation, includes

to regulate the designated profession or occupation, and

to superintend the practice of the designated profession or occupation;

governance activity means an activity of a regulator with respect to the following:

the exercise of powers and performance of duties under this Act or another enactment;

without limiting paragraph (a),

the administration and operation of a regulatory college or regulatory program, or

the governing of a designated profession or occupation;

health care facility means a hospital, clinic, institution or other type of facility at or through which health services are provided;

health occupation has the meaning given to it in

section 6 (2) [health professions and occupations] ;

health occupation director means a person responsible under this Act for administering one or more regulatory programs;

health profession has the meaning given to it in

section 6 (1);

health profession corporation means a corporation that holds a health profession corporation permit;

health profession corporation permit means a permit issued or renewed in accordance with Divisions 2 [Making Licence or Permit Applications] and 4 [Health Profession Corporation Permits] , as applicable, of

Part 3;

Health Professions Review Board means the Health Professions Review Board continued under

section 308 [Health Professions Review Board continued] ;

health service means anything that is done to a patient for a therapeutic, preventive, palliative, assessment, diagnostic, cosmetic or other purpose related to health;

hospital has the same meaning as "hospital" or "private hospital" in the Hospital Act ;

hospital privileges means a permit to practise a designated health profession in a hospital;

identity protection order means an order made under

section 239 [identity protection orders] to partially or fully protect a person's identity;

Indigenous governing body has the same meaning as in the Declaration on the Rights of Indigenous Peoples Act ;

Indigenous peoples has the same meaning as in the Declaration on the Rights of Indigenous Peoples Act ;

Indigenous practices means the following:

Indigenous cultural practices, traditions, values and beliefs;

contemporary Indigenous practices that are based on, or originate in, traditional Indigenous practices;

a combination of traditional and contemporary Indigenous practices;

information and production order means an order described in

section 257 [information and production orders] ;

investigation means an investigation of the following, as applicable in the context:

whether a licensee is fit to practise or has committed

an act of misconduct;

whether a regulated health service provider has committed

an act of actionable conduct;

whether a person other than a regulated health practitioner has contravened this Act or the regulations, bylaws or rules;

investigation committee means the committee established by a regulatory college for the purposes of directing the regulatory college's investigation program;

investigator means a person retained or employed to exercise the powers and perform the duties of an investigator under

section 363, in the case of an investigation of a licensee, or

section 368 [investigators and others] , in the case of an investigation of a regulated health service provider;

licence means a licence issued or renewed in accordance with Divisions 2 and 3 [Licences] , as applicable, of

Part 3;

licence committee means the committee established by a regulatory college for the purposes of directing the regulatory college's licence program;

licensee means a person who holds a licence;

medical health officer has the same meaning as in the Public Health Act ;

misconduct has the meaning given to it in

section 11;

patient means a person to whom health services are provided;

performance standards means the performance standards referred to in

section 456 [performance standards] ;

permit committee means the committee established by a regulatory college for the purposes of directing the regulatory college's health profession corporation permit program;

personal information has the same meaning as in the Freedom of Information and Protection of Privacy Act ;

practice authority means the following:

in the case of a licensee, the licensee's licence;

in the case of a regulated health service provider,

the regulated health service provider's registration or authorization, or both, if required under a designation regulation, or

if registration or an authorization is not required, the regulated health service provider's authority, according to the requirements, limits and conditions set under a designation regulation, to practise a designated health occupation;

practice directive means a rule of practice or procedure made by the director of discipline for the purposes of conducting discipline hearings;

practice standards means practice standards as defined in

section 7 (2);

provincial health officer has the same meaning as in the Public Health Act ;

quality assurance assessment means an assessment of a licensee conducted for a purpose referred to in

section 98 (1) [purposes of quality assurance program] ;

quality assurance assessor means a person retained or employed under

section 363 to exercise the powers and perform the duties of a quality assurance assessor;

quality assurance information has the meaning given to it in

section 102 (1) [protecting confidentiality] ;

quality assurance officer means the following:

a quality assurance assessor;

another person within a class of persons who, under a bylaw, is authorized to obtain or disclose information with respect to a quality assurance program or a quality assurance assessment;

registrar means a person appointed under

section 359 (1) (a) [registrar and other persons] as the registrar of a regulatory college;

registry means a registry of regulated health practitioners who practise a designated profession or occupation

established or continued under

section 395 [keeping a registry] for a regulatory college, or

established as required under a designation regulation for a regulatory program;

regulated health practitioner means a person who is a licensee or regulated health service provider;

regulated health service provider means a person who is authorized in accordance with a designation regulation to practise a designated health occupation;

regulator means the following, as applicable in the context:

a regulatory college;

a health occupation director who is administering a regulatory program;

regulatory college has the meaning given to it in

section 342 [regulatory colleges] ;

regulatory complaint means an allegation

that a licensee is not fit to practise or has committed

an act of misconduct, made under

section 119 [regulatory complaints by registrar] or 120 [regulatory complaints by others] , or

that a regulated health service provider has committed

an act of actionable conduct, made under

section 222 [regulatory complaints by health occupation director] or 223 [regulatory complaints by others] ;

regulatory performance means the extent to which a regulator is conducting governance activities in accordance with the performance standards and best practices referred to in

section 456;

regulatory process means the following:

a process conducted for a regulator as part of governance activities, including, without limitation,

a process used to make a decision with respect to an application made under this Act, and

an investigation or disciplinary proceeding;

a process conducted by the minister, superintendent, director of discipline or a discipline panel in the performance of duties or the exercise of powers under this Act;

regulatory program means a program of regulation that applies under a designation regulation for the purposes of governing a designated health occupation;

regulatory report means a report made under Division 6 [Duties to Report Licensees] of

Part 3;

relevant offence means

an act that

is in the nature of sexual misconduct, sexual abuse or discrimination, or

includes violence, fraud, breach of trust or a prescribed type of conduct;

representative of the public , in relation to a regulator or a discipline panel, means a person

who, at the time of the person's appointment as a board member or discipline panel member,

did not exercise powers or perform duties for the regulator or the discipline tribunal, or

was not an employee of, and did not otherwise provide services to, the regulator or the discipline tribunal, and

who does not practise the designated profession or occupation that is governed by the regulator or that is the subject of the hearing before the discipline panel;

respondent means

a licensee who is the subject of an assessment under

section 108 [assessment and action] , or

a regulated health practitioner who is the subject of a regulatory complaint or an investigation began under

section 124 [initiating investigation without regulatory complaint] ;

restricted activity means an activity that

is performed in the course of providing a health service, and

is prescribed by the minister as a restricted activity;

revocation order means an order made under

section 147 [revocation order] ;

risk assessment means a risk assessment as described in

section 21 [risk assessment] ;

risk under the Criminal Records Review Act means risk under the Criminal Records Review Act as defined in

section 12 [risk under Criminal Records Review Act] of this Act;

rule , except in sections 335 (2) [limits on authorizations, modifications and waivers] and 533 [incorporation by reference authorized] , means a rule for a regulatory program, made by a health occupation director;

sexual abuse has the meaning given to it in

section 8 (3) [sexual misconduct and sexual abuse] ;

sexual misconduct has the meaning given to it in

section 8 (1) and (2);

spouse means a person who

is married to another person, or

has lived with another person in a marriage-like relationship and has done so for a continuous period of at least 2 years;

summary dismissal order means an order described in

section 258 [summary dismissal orders] ;

summary protection order means an order described in

section 259 [summary protection orders] ;

superintendent means the person appointed under

section 436 (2) [members of superintendent's office] as the superintendent;

superintendent's office means the Office of the Superintendent of Health Profession and Occupation Oversight established under

section 435 (1) [establishment of superintendent's office] ;

support program means a support program as defined in

section 276 [definitions] ;

suspension order means an order described in

section 263 (1) [suspension and termination orders] ;

termination order means an order described in

section 263 (2);

title includes

an abbreviation of a title, and

an equivalent, in another language, of a title or an abbreviation of a title;

vary includes all of the following:

to vary the limits or conditions imposed on, or to change the class of, a licence, registration or authorization;

to vary the limits or conditions imposed on a health profession corporation permit;

to vary the limits or conditions imposed under an order.

If Administrative Tribunals Act applies

Part 1 [Interpretation and Application] of the Administrative Tribunals Act applies for the purposes of a provision of this Act that incorporates by reference a provision of that Act.

Application of powers and duties

Subject to subsection (2), the exercise of powers and performance of duties under this Act are limited as follows:

a regulator may conduct governance activities only with respect to the designated profession or occupation that the regulator is authorized, under a designation regulation, to govern;

a person may exercise powers and perform duties under this Act only for the regulator for which the person was appointed, retained or employed.

Subsection (1) does not apply to the extent

that this Act or a regulation provides otherwise, or

that is necessary to give effect to an agreement.

Application if reference to health profession corporation

This

section applies for the purposes of any provision of this Act, the regulations or the bylaws that applies to a health profession corporation, a health profession corporation permit or an application for a health profession corporation permit.

A provision referred to in subsection (1) applies to a designated health profession, a regulatory college or a licensee only if a designation regulation as described in

section 25 (3) (b) [designation regulation for designated health profession] is made with respect to

the designated health profession, or

the designated health profession governed by the regulatory college or practised by the licensee.

Application to former regulated health practitioners

All powers that may be exercised under this Act against a regulated health practitioner may be exercised against any of the following:

a former regulated health practitioner;

a person whose practice of a health profession was governed under any of the following enactments:

the Chiropractors Act , R.S.B.C. 1996, c. 48;

the Dentists Act , R.S.B.C. 1996, c. 94;

iii

the Health Professions Act , R.S.B.C. 1996, c. 183;

the Medical Practitioners Act , R.S.B.C. 1996, c. 285;

the Nurses (Registered) Act , R.S.B.C. 1996, c. 335;

the Optometrists Act , R.S.B.C. 1996, c. 342;

vii

the Pharmacists, Pharmacy Operations and Drug Scheduling Act , R.S.B.C. 1996, c. 363;

viii

the Podiatrists Act , R.S.B.C. 1996, c. 366.

Health professions and occupations

For the purposes of this Act, a health profession has the following characteristics:

persons who practise the health profession

have sufficient education, training, experience and other qualifications to have a professional level of knowledge, skills, ability and judgment,

are personally responsible for determining the appropriate course of care for patients, and

iii

provide health services that may present a risk of harm to the public;

regulation of the practice of the profession is necessary

to protect the public from harm, or

to protect or promote the public interest.

For the purposes of this Act, a health occupation has the following characteristics:

persons who practise the health occupation

do not determine the appropriate course of care for patients, and

provide health services that, in comparison to the types of health services that licensees are authorized to provide, present a lower risk of harm to the public;

at least one of the following applies to persons who practise the health occupation:

the persons have sufficient education, training, experience and other qualifications to have the level of knowledge, skills and ability necessary to protect the public from harm in providing health services;

the persons are supervised or directed by licensees in providing health services;

regulation of the practice of the occupation is necessary or advisable

to protect the public from harm, or

to protect or promote the public interest.

Types of standards

In this section, standards means a set of prohibitions, requirements, limits and conditions that are authorized under this Act to be established or adopted by the minister, a board or a health occupation director.

In this Act:

accreditation standards means standards respecting the following:

eligibility for a facility to be, or to continue to be, accredited as an accredited facility for the purposes of this Act;

the ownership of accredited facilities;

the administration and operation of accredited facilities, including with respect to staff, equipment, records, monitoring, reporting and other matters;

eligibility standards means standards respecting eligibility for the following, as applicable:

to hold, vary, renew or have reinstated a licence, health profession corporation permit or authorization;

to be registered as a regulated health service provider, or to vary, renew or reinstate registration;

to be a member of a class of regulated health practitioners;

to practise a designated health occupation, if neither paragraph (

a) nor (

b) applies to the designated health occupation;

ethics standards means standards respecting the practice of a designated health profession in a manner that is ethical;

practice standards means standards respecting the practice of a designated profession or occupation.

Sexual misconduct and sexual abuse

Subject to subsections (2) and (3), a regulated health practitioner commits

an act of sexual misconduct if the regulated health practitioner does any of the following with respect to a patient or a person within a prescribed class of persons:

engages with the patient or person in sexual intercourse or another physical act of a sexual nature;

touches the patient or person, directly or indirectly, if the touching is of a sexual nature;

attempts

an act described in paragraph (

a) or (b);

engages in

an act of a sexual nature in the patient's or person's presence;

manipulates or exploits the patient or person for sexual purposes, including offering or accepting services in exchange for acts of a sexual nature, whether or not the services are health services;

harasses the patient or person, if the harassment is of a sexual nature;

engages in communication of a sexual nature with the patient or person, including requesting communication or sharing media containing sexual content;

builds a relationship of trust or emotional connection with the patient or person and uses or attempts to use that relationship to abuse, manipulate or exploit the patient or person for sexual purposes;

engages in any other activity of a sexual nature with or in relation to the patient or person, whether or not the activity occurs within the health service environment or in the course of providing health services.

Subject to subsection (3),

an act referred to in subsection (1) (a), (b), (c), (d), (

g) or (

i) is not sexual misconduct for the purposes of this Act if the patient or person is the regulated health practitioner's spouse and that spouse consents to the act.

A regulated health practitioner commits

an act of sexual abuse if the regulated health practitioner engages in

an act referred to in

subsection (1) (a), (b), (

c) or (

d) without the patient's or person's consent, whether or not that patient or person is the regulated health practitioner's spouse, or

subsection (1) (

e) or (h).

Discrimination

In this Act, discrimination means, subject to subsection (2), conduct that is prohibited under the Human Rights Code and that is undertaken in relation to one or more of the following:

the functions under this Act of the superintendent's office or the Health Professions Review Board;

the conduct of governance activities, including the employment of persons on behalf of a regulator;

the practice of a designated profession or occupation by a regulated health practitioner, including with respect to

the provision of health services or services related to the provision of health services,

the employment of persons in relation to the practice of the designated profession or occupation, and

iii

the housing of persons in community care facilities or assisted living residences within the meaning of the Community Care and Assisted Living Act , or other types of facilities where health services are provided;

interactions between a regulated health practitioner and any of the following, conducted in the course of practising a designated profession or occupation or in the carrying out of business, professional or other activities related to the practice of a designated profession or occupation:

patients;

persons who exercise powers or perform duties for a regulator;

iii

persons within a prescribed class of persons;

the use of the regulated health practitioner's status as a regulated health practitioner in relation to an activity prohibited under

section 7 [discriminatory publication] of the Human Rights Code .

Conduct is not discrimination if the conduct is undertaken for a prescribed purpose, in prescribed circumstances or in accordance with a prescribed process.

Definitions respecting misconduct and actionable conduct

section 11 [misconduct and actionable conduct] :

emotional abuse includes verbal harassment, yelling or any other act, or lack of action, that may diminish a person's sense of dignity;

financial abuse includes misusing a person's funds or assets or obtaining a person's property or funds without the person's knowledge and full consent;

neglect includes failing to meet a person's needs with respect to health services and, if applicable, food, shelter, care or supervision;

physical abuse includes the use of physical force or confinement that is excessive for, or is inappropriate to, a person's situation.

Misconduct and actionable conduct

Subject to subsection (3), a licensee commits

an act of misconduct or a regulated health service provider commits

an act of actionable conduct if the regulated health practitioner does any of the following:

fails to comply with an order or contravenes a provision of

this Act, the regulations, a bylaw or a rule, or

an enactment that is prescribed or identified in a bylaw or rule for the purposes of this section;

commits

an act of sexual abuse or sexual misconduct;

commits

an act of discrimination;

commits

an act of neglect of a patient or

an act of physical abuse, emotional abuse or financial abuse of a patient or a person within a prescribed class of persons, in

the practice of a designated profession or occupation, or

the carrying out of business, professional or other activities related to the practice of a designated profession or occupation;

engages in conduct that causes the regulated health practitioner to be

determined to be a risk under the Criminal Records Review Act , or

convicted of a relevant offence;

engages in conduct that causes the regulated health practitioner to be subjected to the imposition of a limit or condition on, or a suspension or revocation of,

the person's practice authority, or

the person's authority, in any jurisdiction, to practise a health profession or health occupation, if the conduct is in the nature of misconduct or actionable conduct;

engages in a prescribed type of conduct.

Without limiting subsection (1) and subject to subsection (3), a licensee commits

an act of misconduct if the licensee engages in conduct that

may bring the practice of a designated health profession into disrepute, or

is conduct unbecoming a licensee.

A licensee does not commit

an act of misconduct solely because the licensee lacks capacity or is subject to a continuing practice order or a revocation order.

Risk under Criminal Records Review Act

In this Act, risk under the Criminal Records Review Act means, in relation to a person, that

the deputy registrar under the Criminal Records Review Act has determined that the person presents a risk of

physical or sexual abuse to children, or

physical, sexual or financial abuse to vulnerable adults, and

the determination described in paragraph (

a) has not been overturned by the registrar under that Act.

For the purposes of subsection (1), a word or phrase used in that subsection has the same meaning as in the Criminal Records Review Act .

Persons with interest in citation or discipline hearing

For the purposes of this Act, a person has an interest in a citation or a discipline hearing if the person is one of the following:

the respondent;

the regulatory college that is responsible for governing the designated health profession practised by the respondent;

the complainant whose regulatory complaint is the subject of the citation or hearing;

a person confirmed by the director of discipline, in writing and on recommendation of the discipline panel, to have an interest.

Guiding Principles

Guiding principles for persons acting under this Act

This

section does not apply to regulated health practitioners with respect to duties referred to in Division 5 [Duties of Licensees] of

Part 3 or Division 2 [Duties of Regulated Health Service Providers] of

Part 4.

In exercising powers and performing duties under this Act, a person must act in accordance with the following principles:

to protect the public from harm and discrimination;

to support and promote awareness of all of the following, as they relate to the oversight and review of regulators, the governance of designated professions and occupations and the provision of health services:

reconciliation with Indigenous peoples;

the United Nations Declaration on the Rights of Indigenous Peoples;

iii

the need to address racism and anti-racism issues that are specific to Indigenous peoples, including acknowledging the rights, interests, priorities and concerns that are specific to First Nations peoples, Métis peoples and Inuit peoples, based on distinctions among them;

without limiting paragraphs (

a) and (b), to take and promote anti-discrimination measures;

to act in a fair manner, including by demonstrating respect for the principles of procedural fairness;

to act in a manner that is respectful of the privacy of persons who participate in regulatory processes.

Unless it would conflict with a principle under subsection (2), in exercising powers and performing duties under this Act, a person must act in accordance with the following principles:

to promote a holistic health care system that encourages collaboration between regulators and between persons who provide different types of health services;

to identify and remove barriers to the practice of a designated profession or occupation, in British Columbia, by extrajurisdictional practitioners;

to act in a manner that is transparent, including by providing opportunities for meaningful public engagement.

If, in applying the principles under this section, a conflict arises or a balance must be struck between the interests of the public or an individual and the interests of a regulated health practitioner, the conflict must be resolved or the balance must be weighted, to the extent reasonable in the circumstances, in favour of the public or the individual.

Anti-discrimination measures

The objectives of anti-discrimination measures in conducting regulatory processes and providing health services include both of the following:

to foster physically, culturally, socially, emotionally and spiritually safe practices;

to adopt anti-racism approaches and tools to support these approaches.

Without limiting subsection (1), the objectives of anti-discrimination measures in conducting regulatory processes include all of the following:

to treat regulatory participants respectfully;

to foster meaningful communication between regulators and persons who participate in those processes, including by promoting respectful, open and effective dialogue that encourages participation;

to engage regularly in processes to identify discriminatory practices, policies, programs, structures, values and attitudes that perpetuate discrimination or create conditions in which discrimination may occur;

to meet prescribed objectives.

Without limiting subsection (1), the objectives of anti-discrimination measures in providing health services include all of the following:

to treat patients respectfully;

to foster meaningful communication between patients and regulated health practitioners, including by promoting respectful, open and effective dialogue that encourages patients to participate in the decisions that affect them;

to meet prescribed objectives.

Designation and Model of Regulation

Designation

Purposes of designation assessment

The superintendent may conduct a designation assessment for the purposes of assisting the minister

in determining whether to designate a health profession or a health occupation as a designated profession or occupation, or

as part of a restructuring assessment under Division 6 [Restructuring Assessments] of

Part 8.

When designation assessment must or may be conducted

The superintendent must conduct a designation assessment if required by the minister.

The superintendent may conduct a designation assessment on the superintendent's own initiative if the superintendent is of the opinion that to do so would be in the public interest.

The superintendent must give written notice to the minister as soon as reasonably practicable after forming the opinion referred to in subsection (2).

How to conduct designation assessment

The superintendent must conduct a designation assessment in accordance with this Division, the regulations and the directions, if any, of the minister.

The minister may give directions respecting a designation assessment as follows:

respecting the scope and conduct of the assessment;

respecting the dates by which one or more steps must be completed;

respecting interim reports to the minister;

respecting information that must be made publicly available in the course of conducting the assessment;

respecting any other matter that, in the opinion of the minister, is necessary for the minister to make a decision with respect to the matters that are the subject of the assessment.

On beginning a designation assessment, the superintendent must publish a notice respecting

the matters that are the subject of the assessment, and

the manner in which persons may make submissions or otherwise participate.

Consultation

In this section, similar types of health services means types of health services that, in the opinion of the superintendent, are substantially the same as, or similar to, the types of health services provided by persons who practise the health profession or health occupation that is the subject of a designation assessment.

As part of a designation assessment, the superintendent must consult with all of the following:

persons who practise the health profession or health occupation that is the subject of the assessment;

regulators that are responsible for governing regulated health practitioners who, in practising a designated profession or occupation, provide similar types of health services;

regulated health practitioners who provide similar types of health services;

Indigenous persons who provide similar types of health services in accordance with Indigenous practices;

persons who regularly employ persons who provide similar types of health services;

post-secondary institutions in British Columbia that provide education and training programs with respect to the practice of the health profession or health occupation that is the subject of the assessment;

the public.

Obtaining additional information

As part of a designation assessment, the superintendent may obtain information from any source and, for this purpose, may do one or more of the following:

seek expert advice;

conduct research, including through interviews and surveys;

order persons who practise the health profession or health occupation that is the subject of the assessment to answer questions and produce records in their possession or control;

hold hearings and, for this purpose, order persons to attend a hearing, in person or by electronic means, to give evidence and to produce records in their possession or control;

set requirements, limits and conditions respecting consultations, submissions, the provision of information and records and the conduct of and participation in hearings;

do other things that are authorized under the regulations or that are necessary to comply with a direction of the minister.

Hearings must be public unless the superintendent is of the opinion that, to protect the privacy of an individual or for any other reason, all or part of a hearing should be held privately.

On application by the superintendent to the Supreme Court, a person who fails to comply with an order under subsection (1) (

c) or (

d) is liable to be committed for contempt as if in breach of an order or judgment of the Supreme Court.

Risk assessment

As part of a designation assessment, the superintendent must conduct a risk assessment.

For the purposes of risk assessments, the superintendent must

develop policies and procedures with respect to both of the following:

how the risk of harm to the public from the practice of a health profession or occupation will be defined, identified and assessed;

how information obtained under this Division will be weighted and used, and

ensure that the policies and procedures are evidence-based, conform to the regulations and are reviewed and updated regularly.

The superintendent must publish a

summary of the policies and procedures.

Matters to consider to assess risk

To assess risk when conducting a risk assessment, the superintendent must consider at least the following matters with respect to the practice of the health profession or health occupation that is the subject of the designation assessment:

the types of health services provided by persons who practise the health profession or health occupation;

the setting in which health services are ordinarily provided, including

the physical environment, and

the nature and level of supervision or direction, if any, given by persons who practise the same or other health professions or health occupations;

the extent to which practitioners are personally responsible for

determining the appropriate course of care for patients, and

requesting or directing the provision of health services to patients by other persons;

the knowledge, skills, ability and judgment required to practise the health profession or health occupation in a manner that protects the public from harm;

the guidelines or codes, if any, that apply to the health profession or health occupation in relation to ethics and practice;

taking into consideration the matters referred to in paragraphs (

a) to (d), the likelihood and nature of any direct or indirect harm that may occur if health services are provided

in the usual course of health service delivery and, if applicable, according to the guidelines and codes referred to in paragraph (e), or

by a person who does not have the knowledge, skills, ability and judgment referred to in paragraph (

d) or, if applicable, does not comply with the guidelines or codes referred to in paragraph (e);

the availability and quality of education and training programs in British Columbia or another jurisdiction with respect to the practice of the health profession or health occupation;

any prescribed matter and any other matter that the minister directs.

Report and recommendations

On completing a designation assessment, the superintendent must make a report to the minister respecting

the conduct of the assessment, and

the superintendent's recommendations, and the reasons for the recommendations, as to whether the health profession or health occupation that was the subject of the assessment should be a designated profession or occupation.

If the superintendent recommends designation, the superintendent must include recommendations with respect to at least the following:

matters that must or may be addressed in a designation regulation;

any prescribed matter and any other matter that the minister directs.

After receiving the superintendent's report, the minister may require the superintendent to provide or consider additional information or records, reconsider a matter or give further recommendations.

After the minister makes a decision under

section 24 [decision respecting designation] , the superintendent

must publish the superintendent's report and any additional information or records that the minister requires to be published, and

may publish any related information or records that, in the opinion of the superintendent, are of interest to the public.

Decision respecting designation

The minister must decide if the minister is satisfied that the unregulated practice of a health profession or health occupation presents an unreasonable risk of harm to the public and, if so, whether to designate

the health profession as a designated health profession and, if so, which regulatory college should be the regulator, or

the health occupation as a designated health occupation and, if so, which types of regulations are appropriate for the purposes of the regulatory program that will apply.

To make a decision under this section, the minister must consider the superintendent's report and all of the following factors:

the risk of harm to the public;

prescribed factors;

other factors that, in the opinion of the minister, are relevant to protecting or promoting the public interest.

For the purposes of subsection (1) (b), the minister must

consider the types of regulations that the minister may make, as authorized under

Part 4 [Practice of Designated Health Occupations] , or

regulations made by the Lieutenant Governor in Council,

decide which types of regulations are necessary or desirable to prevent, detect and respond to actual and potential harm to the public, and

impose, by regulation, prohibitions, requirements, limits and conditions that are proportionate to the risk of harm.

Designation regulation for designated health profession

The minister may, by regulation, designate a health profession as a designated health profession.

A designation regulation made under this

section must include regulations respecting all of the following:

the name of the regulatory college that is responsible for governing the designated health profession;

the titles that licensees practising the designated health profession may use exclusively;

the types of health services that constitute the scope of practice of the designated health profession.

A designation regulation made under this

section may include regulations as follows:

requiring or authorizing a board of a regulatory college to make bylaws respecting diagnostic, surgical, treatment or other prescribed types of facilities in which one or more designated health professions are practised, including bylaws

establishing or adopting accreditation standards, and

providing for the inspection of facilities to determine if facilities meet, and continue to meet, accreditation standards;

prohibiting corporations from carrying on the business of providing health services to the public unless the corporation holds a health profession corporation permit, if the health services are provided by licensees who practise the designated health profession;

if paragraph (

b) applies, prescribing words or phrases that must be included in the name of the health profession corporation;

setting prohibitions, requirements, limits and conditions for the purposes of ensuring that bylaws made under

section 50 [extrajurisdictional applicants] conform to an agreement made between British Columbia and another jurisdiction;

identifying aspects of practice to which

section 29 [unauthorized practice] applies.

Designation regulation for designated health occupation

The minister may, by regulation, designate a health occupation as a designated health occupation.

A designation regulation made under this

section must include regulations respecting all of the following:

the regulatory program that applies for the purposes of governing the designated health occupation, including

the name of the regulatory program,

the manner in which the health occupation director of the regulatory program is to be appointed, and

iii

the types of regulations that make up the regulatory program, as decided under

section 24 (3) [decision respecting designation] ;

the types of health services that constitute the scope of practice of the designated health occupation.

A designation regulation made under this

section may include regulations as follows:

respecting the titles that regulated health service providers practising the designated health occupation may use exclusively;

respecting the supervision or direction of regulated health service providers by licensees.

Designation regulations generally

Subject to any regulation of the Lieutenant Governor in Council, the minister may, in a designation regulation or in a regulation described in subsection (2), make regulations as follows:

establishing classes of regulated health practitioners and making different regulations for different classes;

without limiting paragraph (

a) or the authority under

section 384 [how bylaws and rules may be made] , authorizing a board or health occupation director to make bylaws or rules establishing restricted or provisional classes of regulated health practitioners;

requiring or authorizing a board or health occupation director to make bylaws or rules with respect to additional matters;

respecting prohibitions, requirements, limits and conditions on regulated health practitioners in the practice of a designated profession or occupation, including with respect to the provision of health services;

conferring a discretion on a board or health occupation director to make bylaws or rules to impose prohibitions, requirements, limits or conditions on the authority of regulated health practitioners to provide health services;

respecting the types of restricted activities that may be performed by regulated health practitioners in the course of providing health services;

respecting the delegation of the performance of aspects of practice and restricted activities;

providing for exemptions on the performance of aspects of practice or restricted activities by persons who are not regulated health practitioners;

requiring regulators to enter into shared funding agreements within the meaning of

section 276 [definitions] .

For the purposes of any matter referred to in subsection (1), the minister may, instead of including the matter in a designation regulation, include the matter in a regulation that applies to multiple designated professions or occupations or multiple regulators.

Amending or repealing designation regulations

Before amending or repealing a designation regulation or a regulation made under

section 27 (2) [designation regulations generally] , the minister must carry out consultations that, in the opinion of the minister, are sufficient to permit meaningful participation by the persons referred to in

section 19 (2) [consultation] .

Effect of Designation

Unauthorized practice

Except as authorized under this Act, a person must not do any of the following:

perform an aspect of practice that is identified for the purposes of this

section in a regulation of the minister;

perform a restricted activity;

recover a fee, benefit or other type of compensation for performing an aspect of practice or a restricted activity in contravention of paragraph (

a) or (b);

employ a person, or enter into a business or other type of relationship with a person, to perform an aspect of practice or a restricted activity in contravention of paragraph (

a) or (b).

Unauthorized use of titles

If, under one or more designation regulations, a title may be used exclusively by one or more classes of regulated health practitioners, a person must not use the title in association with the person's work unless

the person is within at least one of the classes and the person's practice authority is not suspended, or

an exception applies to the person, made under the regulation or

section 32 [exception if meeting eligibility standards] or 33 [exception for persons from other jurisdictions] .

For the purposes of subsection (1), a person uses a title in association with the person's work if the person uses the title

to describe the person's work,

in association with or as part of another title describing the person's work, or

in association with a description of the person's work.

General exceptions

Despite

section 29 [unauthorized practice] , nothing in this Act or a regulation, bylaw, rule or order prohibits a person from doing any of the following:

practising a profession, occupation or discipline in accordance with an enactment;

giving first aid or temporary assistance to another person in case of emergency, if the aid or assistance is given without gain or reward or the hope of gain or reward;

performing an aspect of practice referred to in

section 29 (a) [unauthorized practice] or a restricted activity in accordance with

an exemption made under a regulation of the minister, or

a delegation made by a licensee, unless the person knows, or reasonably ought to know, that the delegation contravenes

section 74 [duty if delegating activities] or a bylaw made under that section.

Exception if meeting eligibility standards

A person may do an activity described in

section 29 [unauthorized practice] or use a title that may be used exclusively by a class of regulated health practitioners if

the person is in the process of meeting the requirements and conditions, set under an applicable eligibility standard, to be within the class,

the person

is under the supervision or direction of a licensee within a class of licensees described under the bylaws made for the regulatory college responsible for governing the designated health profession, or

is authorized to practise a designated health occupation by a health occupation director on whom discretion is conferred as described under

section 201 (1) (c) [director's discretion] , and

the person complies with all limits and conditions under a bylaw or rule made for the purposes of this section.

Exception for persons from other jurisdictions

Section 30 [unauthorized use of titles] does not apply to an extrajurisdictional practitioner who

is authorized by an extrajurisdictional regulator to use the title,

uses the title only to indicate that the extrajurisdictional practitioner is authorized to practise a health profession or health occupation in another jurisdiction, and

does not use the title in a manner that may reasonably mislead a person to believe that the person is authorized to practise a designated profession or occupation in British Columbia.

False or misleading information

A person must not provide false or misleading information to the public with respect to whether the person

is a regulated health practitioner, or

is governed by or otherwise associated with a regulator.

Without limiting subsection (1), a person must not provide false or misleading information to the public with respect to the person's authority to do any of the following:

practise a designated profession or occupation;

perform an aspect of practice or a restricted activity;

provide a health service, or perform an aspect of practice or a restricted activity, that may be provided or performed only by or under the supervision or direction of a regulated health practitioner;

use a title that may be used exclusively by one or more classes of regulated health practitioners.

A person who is not authorized under this Act to do a thing referred to in subsection (2) (a), (

b) or (

c) must not offer, including through advertising or other forms of marketing, to do the thing.

Unauthorized acts of corporations

If a designation regulation as described in

section 25 (3) (b) [designation regulation for designated health profession] is made with respect to a designated health profession, a corporation must not do either of the following unless it holds a health profession corporation permit:

carry on the business of providing health services to the public, if those health services are provided by licensees who practise the designated health profession;

carry on any business, if the corporation has as part of its name a word or phrase prescribed under

section 25 (3) (c).

An act of a corporation, including a transfer of property to or by the corporation, is not invalid merely because the corporation contravenes subsection (1) (b).

Practice of Designated Health Professions

Authority to Practise

Definitions

In Divisions 1 to 4 of this Part:

adverse application decision , with respect to an application, means a decision to do one of the following:

refuse to issue, vary, renew or reinstate a licence or health profession corporation permit;

impose or vary limits or conditions on a licence or health profession corporation permit, other than as requested under the application;

issue a provisional licence, unless a provisional licence is requested under the application;

applicable eligibility standards means the eligibility standards that apply to the class of licence that an applicant has applied for;

applicant means a person who makes an application;

application means a licence application or permit application;

licence application means an application to issue, vary, renew or reinstate a licence;

permit application means an application to issue, vary, renew or reinstate a health profession corporation permit.

Authority to practise designated health profession

A person must not practise a designated health profession unless the person holds a licence issued by the regulatory college that is responsible for governing the designated health profession.

A licensee must not practise a designated health profession if the licensee's licence is suspended.

Requirements for licence

A person is not eligible to be issued a licence, or to have a licence varied, renewed or reinstated, unless the person

is fit to practise, having regard to the person's

education, training, experience and other qualifications, and

competence, capacity and other relevant factors, and

will practise the designated health profession in an ethical manner, having regard to the person's entire disciplinary record, character, past conduct and other relevant factors.

Fit to practise

A person is fit to practise a designated health profession if the person has the competence and capacity to practise the designated health profession.

A person has the competence to practise a designated health profession if the person has the knowledge, skills, ability and judgment necessary to practise the designated health profession ethically, safely and in accordance with all applicable ethics standards and practice standards.

A person has the capacity to practise a designated health profession if the person's competence to practise the designated health profession is not unduly impaired by a health condition.

Making Licence or Permit Applications

Procedural matters

A registrar must publish all of the following:

the policies and procedures that apply to determinations of whether applicants meet eligibility standards;

the typical application processing periods and any known factors likely to delay processing.

Making applications

A person may make an application by submitting the application to the registrar in accordance with all applicable orders made under

section 386 [administrative powers] .

An application must include the following:

the information, records and fees required under the bylaws;

the applicant's criminal record check authorization, in the case of a licence application.

Receiving applications

After receiving an application, a registrar must do both of the following unless

section 44 [administrative refusal] applies:

obtain the applicant's disciplinary record, capacity

summary and record of past applications, if any;

assess the application in accordance with the bylaws.

A registrar may, by order, require an applicant to do one or more of the following:

comply with an order made under

section 386 [administrative powers] ;

provide additional information or records, including

personal information or other types of confidential information, and

proof, in a form satisfactory to the registrar, of a matter referred to in the application;

comply with the order on or before a specified date.

Administrative acceptance

A registrar may act under this

section if authorized under the bylaws.

A registrar must not act under this

section if

section 44 [administrative refusal] applies, or

the registrar has reasonable grounds to believe that an applicant may not meet the requirements of

section 38 [requirements for licence] .

A registrar may issue, with or without limits or conditions, a licence or health profession corporation permit to an applicant who meets the applicable eligibility standards and the conditions, if any, set under the bylaws.

Subject to subsection (5), a registrar may vary, renew or reinstate a licence or health profession corporation permit as requested in the application if all of the following conditions are met:

the applicant meets all applicable eligibility standards;

the applicant is not the subject of a current investigation or disciplinary proceeding;

in the case of an applicant who is a licensee and is applying to vary or renew a licence, there has been no change to the applicant's disciplinary record or capacity

summary since the applicant was last issued a licence;

in the case of an applicant who is a health profession corporation and is applying to vary or renew a health profession corporation permit,

the requirements under

section 58 [requirements for permit] are met, and

no order has been made against the applicant under

section 115 [disposition] since the applicant was last issued a permit;

in the case of an applicant who requests a licence or health profession corporation permit to be reinstated, the conditions of reinstatement set under the bylaws and the order that revoked the licence or permit are met;

the conditions, if any, under the bylaws.

A registrar who varies, renews or reinstates a licence or health profession corporation permit under this

section must not change the limits, conditions or class that applies to the licence or permit, except as required or authorized under the bylaws or a disciplinary order.

Administrative refusal

A registrar may make an adverse application decision without notice or a hearing if any of the following circumstances apply:

the applicant fails to submit with the application any information, records, fees or proof of a thing required under the bylaws, a disciplinary order or an order made under

section 115 [disposition] ;

the applicant fails to comply with an order made under

section 42 [receiving applications] ;

in the case of a licence application,

the applicant is prohibited under a disciplinary order from making the application or has failed to meet the conditions of a disciplinary order, or

the registrar under the Criminal Records Review Act has determined that the applicant does not have a portable criminal record check within the meaning of that Act;

in the case of a permit application,

the applicant has applied for variance or reinstatement but the bylaws do not provide for this, or

the applicant is prohibited under an order made under

section 115 from making the application or has failed to meet the conditions of an order made under that section.

A registrar must give to the applicant written notice of an adverse application decision made under this

section and the reasons for the decision.

Reconsideration

An applicant may apply in accordance with

section 381 [application for reconsideration or review] for a reconsideration by the registrar of an adverse application decision made by the registrar.

Information to licence or permit committee

The registrar must give to the licence committee or permit committee, as applicable, all of the following with respect to an application:

a copy of the application;

written notice of a decision, if any, made under this Division or Division 4 [Hearings, Reconsiderations and Reviews] of

Part 8 with respect to the application, and the reasons for the decision;

the information or records required under the bylaws.

Other matters

Except as required for the purposes of a reconsideration, a registrar is not required to give to an applicant notice or an opportunity to be heard before the registrar exercises a power or performs a duty under this Division.

An applicant is not entitled to an appeal of an adverse application decision made by the registrar under this Division or Division 4 [Hearings, Reconsiderations and Reviews] of

Part 8.

Except as authorized under the bylaws, application fees are not refundable, including with respect to applications that are withdrawn or refused.

Licences

Definitions

In this Division:

equivalency determination means a determination of whether an applicant has knowledge, skills, ability and judgment that are substantially equivalent to that required under the applicable eligibility standards;

extrajurisdictional credentials means credentials held by an extrajurisdictional practitioner that

were issued by a person or body outside British Columbia, and

are evidence of qualifications with respect to one or more of the matters referred to in the applicable eligibility standards.

General licensing bylaws

A board must make bylaws respecting the following:

licence applications and the issuance, variation, expiry, renewal, revocation and reinstatement of licences;

eligibility standards, including standards respecting all of the following:

education, training, experience and other qualifications, including continuing professional development;

examinations and assessments;

iii

evidence of good character, including character references and other types of checks and references;

liability insurance or professional liability protection, or both;

mandatory vaccinations, required under an enactment other than the bylaws, against transmissible illnesses;

the types of proof of eligibility that may be required;

the limits and conditions that may be imposed on licences, including with respect to supervision or direction.

A board may make bylaws respecting the recognition of specialties in one or more aspects of practice.

A board may make bylaws respecting the following:

the delivery of programs;

the setting of examinations;

the setting of assessments;

the recognition of credentials issued, and programs offered, by specific education and training institutions, or a class of any of those institutions;

the process for recognizing and ceasing to recognize credentials and programs referred to in paragraph (d);

mandatory vaccinations, required under the bylaws, against transmissible illnesses.

Extrajurisdictional applicants

Without limiting

section 49 [general licensing bylaws] , a board must make bylaws respecting all of the following:

extrajurisdictional credentials that are recognized, without further evaluation, as being substantially equivalent to those required under the applicable eligibility standards;

the process for making equivalency determinations if an extrajurisdictional practitioner's extrajurisdictional credentials are not recognized under bylaws made under paragraph (

a) of this section;

the issuance of provisional licences to extrajurisdictional practitioners while an equivalency determination is being made or if additional education, training or experience is required to meet the eligibility standards;

the issuance of licences to extrajurisdictional practitioners who, under the Labour Mobility Act or a prescribed trade agreement, are required to be issued a licence;

the process for reviewing licensing programs to identify and remove prohibitions, requirements, limits and conditions imposed on extrajurisdictional practitioners that do not substantially lower the risk of harm to the public.

Before making decision

Before making a decision with respect to a licence application, a licence committee may direct the registrar to make an order under

section 42 [receiving applications] .

Before making a decision with respect to a licence application, a licence committee may

direct the registrar to give written notice to the applicant of

the decision being considered and the reasons for the decision being considered, and

the processes that apply for the purposes of paragraph (

b) and any other information set out in the bylaws,

give to the applicant the choice of either

requesting a hearing, or

accepting, if the committee is of the opinion that it would be appropriate in the circumstances, a provisional licence or a licence that is subject to different limits or conditions or that is of a class that is different from the limits, conditions or class requested under the licence application, and

if the applicant requests a hearing in accordance with the notice given under paragraph (a) (ii), hold the hearing.

Acceptance of application

Subject to

section 53 [adverse application decision] , a licence committee must direct the registrar to issue, vary, renew or reinstate an applicant's licence, as applicable, if the committee is satisfied, with or without a hearing, that the applicant

meets the requirements of

section 38 [requirements for licence] and

meets the eligibility standards, or

has substantially equivalent extrajurisdictional credentials, or

must be issued a licence under the bylaws referred to in

section 50 (d) [extrajurisdictional applicants] .

A licence committee may attach limits or conditions to a licence, including as follows:

for the purposes of being satisfied of the matters referred to in

section 38;

in the case of a provisional licence,

despite a designation regulation that would permit otherwise, restricting the title that may be used by the licensee, restricting the health services that may be provided by the licensee or requiring the licensee to be supervised or under the direction of another licensee when practising the designated health profession,

imposing requirements that must be met for the licensee to become eligible for a licence that is not a provisional licence, and

iii

providing that the provisional licence expires at the end of a period that is shorter than a general period provided for under the bylaws.

Adverse application decision

Subject to subsection (2), a licence committee must not make an adverse application decision with respect to a licence application unless the committee first gives notice and an opportunity to be heard as described in

section 51 (2) [before making decision] .

A licence committee may make an adverse application decision with respect to a licence application with or without notice or a hearing if any of the following circumstances apply:

a circumstance referred to in

section 44 [administrative refusal] ;

the applicant has been determined to be a risk under the Criminal Records Review Act ;

an adverse application decision is made under

section 54 [adverse application decision based on proceeding] .

Nothing in subsection (2) limits the grounds on which a licence committee may make an adverse application decision if the committee gives notice and an opportunity to be heard under subsection (1).

If a licence committee makes an adverse application decision, the committee must direct the registrar to give to the applicant written notice of

the decision and the reasons for the decision, and

the review process of the Health Professions Review Board, if the decision

was made after a hearing, and

was other than to issue a provisional licence.

Adverse application decision based on proceeding

In this section, proceeding means a proceeding, conducted in any jurisdiction, that resulted or could result in the suspension or revocation of a person's authority to practise a health profession in the jurisdiction.

A licence committee may make an adverse application decision with or without notice or a hearing if both of the following conditions are met:

the applicant is a person described in subsection (3);

the licence committee holds the opinion referred to in subsection (4).

For the purposes of subsection (2) (a), one of the following must apply to the applicant:

the applicant is the subject of a current proceeding;

a proceeding was not commenced or completed because the applicant voluntarily relinquished the applicant's authority to practise a health profession;

the applicant's authority to practise a health profession was suspended or revoked, whether after or in the course of a proceeding;

the applicant has been convicted, in Canada or another jurisdiction, of a relevant offence.

For the purposes of subsection (2) (b), a licence committee must be of the opinion that

the nature of the conduct underlying the proceeding or offence referred to in subsection (3), or the circumstances under which that conduct took place, gives rise to concerns about whether the applicant

is fit to practise, or

will practise the designated health profession ethically, safely and in accordance with all applicable ethics standards and practice standards, and

the concerns referred to in paragraph (

a) are not mitigated by the information and records included with the application or on consideration of other relevant circumstances.

Information in registry

If a licence is issued to an applicant, or if an applicant's licence is varied, renewed or reinstated, a registrar must include in the registry, under the licensee's name, all of the following:

the licensee's business contact information;

the class, limits and conditions, if any, that apply to the licensee's licence;

any additional information as prescribed or directed by the licence committee.

If prescribed circumstances apply, a registrar must update the registry to replace the information referred to in subsection (1) with a notation that the licensee is a former licensee.

Health Profession Corporation Permits

Definitions

In this Division:

collaboration agreement means an agreement referred to in

section 60 [collaboration agreements] ;

company has the same meaning as in the Business Corporations Act ;

eligible licensee means a licensee who practises a designated health profession governed by

a regulatory college for which a permit committee is acting, or

a regulatory college that is a party to a collaboration agreement with the regulatory college referred to in paragraph (a);

shares means the shares of a corporation that is the subject of a permit application.

Bylaws

A board must make bylaws respecting the following:

permit applications and the issuance, renewal and revocation of health profession corporation permits;

eligibility standards and the types of proof of eligibility that may be required;

the limits and conditions that may be imposed on health profession corporation permits;

the liability insurance or professional liability protection, or both, that health profession corporations must carry or must provide to each of their employees;

the names and the process for the approval of names by which a health profession corporation may be known.

A board may make bylaws respecting the following:

the variation and reinstatement of health profession corporation permits;

the practice of a designated health profession through a health profession corporation;

the making and implementation of collaboration agreements;

the disposition of shares held in health profession corporations;

the posting of health profession corporation permits, or providing for other means of making permits publicly accessible.

Requirements for permit

A corporation is not eligible to be issued a health profession corporation permit, or to have a health profession corporation permit varied, renewed or reinstated, unless all of the following requirements are met:

the corporation is a company in good standing under the Business Corporations Act ;

all directors of the corporation are eligible licensees;

the name of the corporation includes the words or phrases, if any, prescribed under

section 25 (3) (c) [designation regulation for designated health profession] ;

all shares of the corporation are owned or held by, or are vested in, a person as required under

section 59 [requirements respecting shares] ;

if a collaboration agreement applies, the permit is issued, varied, renewed or reinstated in accordance with the agreement;

all employees who will be providing health services through the corporation are, or are under the supervision of, eligible licensees;

the eligibility standards are met.

Requirements respecting shares

For the purposes of

section 58 (d) [requirements for permit] , all voting shares must be legally and beneficially owned by

eligible licensees, or

companies that meet both of the following conditions:

all voting shares must be legally and beneficially owned by eligible licensees;

all non-voting shares must be legally and beneficially owned by eligible licensees or family members of eligible licensees.

For the purposes of

section 58 (d), all non-voting shares must be

legally and beneficially owned by

eligible licensees or family members of eligible licensees, or

companies, all the non-voting shares of which are legally and beneficially owned by eligible licensees or family members of eligible licensees, or

held in trust by a trustee who is resident in Canada and approved by the board, on behalf of a trust

that is subject to the laws of a Canadian jurisdiction, and

all the beneficiaries of which are eligible licensees or family members of eligible licensees.

Despite subsections (1) and (2), voting and non-voting shares may be vested in

an executor or administrator of the estate of an eligible licensee who has died, to allow the discharge of duties in relation to the estate, or

a trustee in bankruptcy to allow the discharge of duties in relation to the bankruptcy of an eligible licensee or a corporation.

Collaboration agreements

A collaboration agreement must address at least the following:

the recognition, by regulatory colleges that are parties to the agreement, of health profession corporation permits issued by the permit committees of other regulatory colleges that are parties to the agreement;

the process for addressing relevant differences, if any, in ethics standards and practice standards between regulatory colleges;

the process for conducting investigations and taking disciplinary actions;

prescribed matters.

If a collaboration agreement that applies to a health profession corporation permit is amended or expires during the term of the permit, the amendment or expiry has no effect on the permit during the permit's remaining term.

On request of a person, a regulatory college must make a copy of a collaboration agreement accessible to the person, free of charge.

Before making decision

Before making a decision with respect to a permit application, a permit committee may direct the registrar to make an order under

section 42 [receiving applications] .

Before making a decision with respect to a permit application, a permit committee may

direct the registrar to give written notice to the applicant of

the decision being considered and the reasons for the decision being considered, and

the processes that apply for the purposes of paragraph (

b) and any other information set out in the bylaws,

give to the applicant the choice of either

requesting a hearing, or

accepting, if the committee is of the opinion that it would be appropriate in the circumstances, a health profession corporation permit that is subject to limits or conditions that are different from the limits or conditions requested under the permit application, and

if the applicant requests a hearing in accordance with the notice given under paragraph (a) (ii), hold the hearing.

Acceptance of application

Subject to

section 63 [adverse application decision] , a permit committee must direct the registrar to issue a health profession corporation permit to an applicant, or to vary, renew or reinstate an applicant's health profession corporation permit, if the committee is satisfied, with or without a hearing, that the requirements under

section 58 [requirements for permit] are met.

A permit committee may attach limits or conditions to a health profession corporation permit, including for the purposes of being satisfied of the matters referred to in

section 58.

Adverse application decision

Subject to subsection (2), a permit committee must not make an adverse application decision with respect to a permit application unless the committee first gives notice and an opportunity to be heard as described in

section 61 (2) [before making decision] .

A permit committee may make an adverse application decision with respect to a permit application with or without notice or a hearing if any of the following circumstances apply:

a circumstance referred to in

section 44 [administrative refusal] ;

the health profession corporation has previously had its health profession corporation permit revoked;

a shareholder, director or officer of the health profession corporation was a shareholder, director or officer of a health profession corporation that previously had its health profession corporation permit revoked.

Nothing in subsection (2) limits the grounds on which a permit committee may make an adverse application decision if the committee gives notice and an opportunity to be heard under subsection (1).

Notice of adverse application decision

If a permit committee makes an adverse application decision, the committee must direct the registrar to give to the applicant written notice of the decision and the reasons for the decision.

As soon as reasonably practicable after a decision is made under this Division or Division 2 [Making Licence or Permit Applications] of this Part to refuse to renew or reinstate a health profession corporation permit, the registrar

must publish a copy of the decision and the reasons for the decision, and

must, in the case of a refusal to renew the permit, give notice of the refusal to the Registrar of Companies for the purposes of

section 29 (5) of the Business Corporations Act .

If a permit committee is of the opinion that it would be in the public interest to do so, the committee may direct the registrar to give notice to the public, by any means, of information that must be published under subsection (2) (a).

No review or appeal

An applicant is not entitled to a review by the Health Professions Review Board, or to an appeal to any person or body, of an adverse application decision.

If permit issued

In this section, issuer means a regulatory college

that issued a health profession corporation permit, or

that is a party to a collaboration agreement with the regulatory college that issued a health profession corporation permit.

A health profession corporation must not do any of the following:

carry on business providing health services through licensees governed by the issuer except in accordance with this Act, the regulations, the bylaws and the health profession corporation permit;

provide health services governed by the issuer except through persons who are

eligible licensees governed by the issuer, or

if authorized under the bylaws, employees of the health profession corporation under the supervision of eligible licensees governed by the issuer;

carry on any activities that would, for the purposes of the Income Tax Act (Canada), give rise to income from business, except to provide health services governed by the issuer and services directly associated with the provision of those health services.

An act of a health profession corporation, including a transfer of property to or by the corporation, is not invalid merely because the corporation contravenes subsection (2) (c).

A person must not enter into a voting rights vesting agreement as defined in subsection (5) if the effect of the agreement is that

a person may exercise voting rights with respect to shares in a health profession corporation, and

the person is not

an eligible licensee, or

a company referred to in

section 59 (1) (b) [requirements respecting shares] .

In subsection (4), voting rights vesting agreement means an agreement of any type, including a voting trust agreement and a proxy, that vests or has the effect of vesting, in a person who is not the shareholder, the authority to exercise voting rights attached to any or all of a shareholder's shares in a company.

Duties of Licensees

Bylaws

A board may make bylaws respecting the provision of health services by licensees in collaboration with other persons.

General duty to comply

In practising a designated health profession, a licensee must comply with all of the following that apply:

this Act and the regulations and bylaws;

orders made under this Act;

any limits or conditions on the licensee's licence.

A licensee who provides health services in collaboration with another person or through a corporation remains personally responsible for compliance as described under subsection (1).

Duty to be fit to practise

A licensee must not practise a designated health profession unless the licensee is fit to practise.

A board must make bylaws respecting programs or methods for assessing whether a person is fit to practise.

Duty to practise ethically

A licensee must practise a designated health profession in an ethical manner and in accordance with all ethics standards.

A board must make bylaws respecting ethics standards, including respecting all of the following:

anti-discrimination measures;

preventing and responding to sexual misconduct and sexual abuse;

prohibitions, limits and conditions on sexual relationships between licensees or former licensees and patients or former patients;

the provision of health services by licensees to their family members;

identifying and addressing conflicts of interest;

advertising or otherwise marketing the practice of a designated health profession;

providing false or misleading information to patients or the public respecting health and matters relating to health, including, without limitation, health services, drugs, devices and other health products.

Duty respecting misconduct

A licensee must not commit

an act of misconduct.

Duties respecting practice

In practising a designated health profession and in performing duties under this Act, a licensee must act in accordance with the following principles:

to protect the public from harm and discrimination;

to take anti-discrimination measures;

to act in a manner that is respectful of the privacy of patients.

A licensee must practise a designated health profession in accordance with all practice standards.

A board must make bylaws respecting practice standards, including bylaws respecting all of the following:

the types of health services provided by licensees;

informed consent;

maintaining patient confidentiality;

record-keeping and reporting.

A board may make bylaws respecting the settings in which health services are provided.

Misrepresentation of drugs and devices

A licensee must not dispense or sell, or allow the dispensing or selling of,

a thing represented to be a drug or device if it is not the drug or device represented, or

a particular drug or device if it is not the particular drug or device represented.

If a licensee is alleged to have contravened subsection (1), the onus is on the licensee to prove that the thing, drug or device dispensed or sold was the particular drug or device that the thing, drug or device was represented to be.

Nothing in this

section prevents the dispensing or use of placebos by licensees in drug research or medical treatment, if done in accordance with protocols established or adopted in the bylaws made under this Act or under the Pharmacy Operations and Drug Scheduling Act .

Duty if delegating activities

In this section, delegate means to delegate the performance of an aspect of practice or a restricted activity, if the delegation is made by a licensee in the course of practising a designated health profession to a person who is not authorized to practise the designated health profession.

A licensee must not delegate the performance of an aspect of practice or a restricted activity to a person unless all of the following conditions are met:

the bylaws authorize the aspect of practice or restricted activity to be delegated;

the licensee is satisfied that the person

is able to perform the delegated aspect of practice or restricted activity without causing harm, having regard to the person's knowledge, skills, ability and judgment, and

will perform the delegated aspect of practice or restricted activity in a manner that does not cause harm, having regard to the person's character, past conduct and other relevant factors.

A board may make bylaws to authorize the delegation of an aspect of practice or a restricted activity if all of the following conditions are met:

the bylaw sets prohibitions, requirements, limits and conditions with respect to all of the following:

the circumstances and types of settings in which delegation is authorized;

the education, training, experience and other qualifications that persons must have to perform the delegated activity;

iii

the performance of the delegated activity, including with respect to supervision or direction, if appropriate;

the board is satisfied that the delegated activity may, if the bylaw is complied with, be performed without causing harm.

As soon as reasonably practicable after making or amending a bylaw under this section, the registrar must give written notice of the bylaw or amendment to the minister and the superintendent.

For certainty, this

section applies to an aspect of practice whether or not the minister has identified the aspect of practice for the purposes of

section 29 [unauthorized practice] .

Duty to cooperate

A licensee must cooperate with a person who is exercising powers or performing duties under this Act, including by doing all of the following:

responding promptly to communications and to requests for information or records;

appearing and answering questions on request;

participating in quality assurance assessments conducted under a quality assurance program;

complying with an order of the registrar or an investigator.

Duty to give notice

A licensee must give written notice to the registrar within 7 days after the date that any of the following circumstances first arises:

there are reasonable grounds to believe that the licensee is no longer eligible to hold a licence, or to hold a licence of the class that applies to the licensee's licence;

a circumstance referred to in

section 44 (1) (c) (ii) [administrative refusal] , 53 (2) (b) [adverse application decision] or 54 (3) [adverse application decision based on proceeding] ;

the licensee is not in compliance with

section 77 (b) [continuing duties] ;

the licensee is practising a designated health profession as an employee, shareholder, officer or director of a corporation and has reasonable grounds to believe that

the corporation is required under this Act to hold a health profession corporation permit, and

the corporation does not hold a health profession corporation permit.

A licensee must give written notice to the registrar, within the period required under the bylaws, of the following:

a change to the licensee's business contact information;

a circumstance described in the bylaws.

Continuing duties

A licensee must do all of the following:

provide a criminal record check authorization on request of the registrar;

hold, in accordance with the bylaws, liability insurance or professional liability protection, or both;

on request of the registrar, provide proof satisfactory to the registrar of

continued eligibility to hold a licence or to hold a licence of the class that applies to the licensee's licence, or

holding liability insurance or professional liability protection, or both;

pay fees as required under the bylaws.

Duty to provide information

A registrar may, by order, require a licensee to give to the registrar information, including personal information, for the purposes of

section 493 [if information collection order made] .

A licensee must give to the registrar the information required under subsection (1) in the form and manner, and on or before the date, required by the registrar.

Duties if practising in facility

If the practice of a designated health profession through a diagnostic, surgical, treatment or other type of facility is subject to bylaws made with respect to accreditation standards, a licensee

must not, unless authorized under the bylaws, practise the designated health profession in a facility that is not accredited, and

must cooperate with inspections of the facility.

Duties if practising through corporation

The liability of a licensee for professional negligence in practising a designated health profession is not affected by the fact that the licensee is carrying on that practice

as an employee, shareholder, officer or director of a corporation, or

as a partner or employee of a limited liability partnership.

The application of this Act, the regulations and the bylaws to a licensee is not affected by the licensee's relationship to a corporation or limited liability partnership as described in subsection (1).

Nothing in this Act affects, modifies or limits any law applicable to the fiduciary, confidential or ethical relationships that exist between a licensee and a patient.

The relationship between a corporation and a patient who is receiving health services provided through the corporation is subject to all applicable laws relating to the fiduciary, confidential and ethical relationships that exist between a licensee and a patient.

Duty if practice in another jurisdiction

In this section, certificate of professional conduct means

a certificate, in the form required by the registrar and issued by an extrajurisdictional regulator or another person or body specified for this purpose in the bylaws, certifying

that the holder of the certificate practised a health profession in the jurisdiction in which the certificate was issued,

that the holder was not subject to an order that is in the nature of a disciplinary order in relation to the practice of the health profession in that jurisdiction, and

iii

any other matter with respect to the holder as required under the bylaws, or

a record that, in the opinion of the registrar, is equivalent to the certificate referred to in paragraph (a).

A licensee who practised a health profession in another jurisdiction while absent from British Columbia must, before practising again in British Columbia, give to the registrar a certificate of professional conduct from every jurisdiction in which the licensee practised during the absence.

If authorized under the bylaws, the registrar may waive the requirement under subsection (2) with respect to a licensee or a class of licensees.

Duties if not practising or restricted

Subject to the bylaws, a registrar may order a licensee to transfer patient records to another licensee if

the first licensee is no longer practising a designated health profession, or the first licensee's licence has been suspended or restricted, and

the registrar is of the opinion that one or both of the following apply:

the continuity of patient care may be adversely affected if the transfer is not made;

no or inadequate provision has been made for the transfer or other disposal of confidential patient records.

If an order is made under subsection (1), the licensee must do both of the following:

transfer the records in accordance with the order;

give written notice of the transfer to affected patients.

If a licensee is no longer practising a designated health profession or the licensee's licence has been suspended, the duty to cooperate under

section 75 [duty to cooperate] continues to apply with respect to any matter that arose while the former licensee was practising or before the licensee's licence was suspended.

Duties to Report Licensees

Making reports under this Division

A person who must make a report under this Division must make the report

in writing,

to the registrar of the regulatory college that is responsible for governing the designated health profession practised by the person who is the subject of the report, and

as required under

section 84 (2) [duty to report if health facility admission] or, if that

section does not apply, as soon as reasonably practicable after coming to the belief that is the basis of the report.

A regulatory report may not be made anonymously, but an application for an identity protection order may be made in accordance with

section 235 [applications under this Division] .

Despite any other provision of this Division, a person is not required to make a regulatory report with respect to a licensee if the person has reasonable grounds to believe that another person has already made a regulatory report with respect to the same matter.

Duty to report if health facility admission

A licensee who is an employee of a health care facility must make a regulatory report with respect to another licensee if

the other licensee receives health services through the facility, and

the first licensee has reasonable grounds to believe that the other licensee is not fit to practise due to a health condition, whether or not the health condition is the cause of the other licensee's receipt of health services.

A regulatory report must be made as follows:

subject to paragraph (b), as soon as reasonably practicable after the other licensee begins to receive health services through the health care facility;

if the health care facility is a hospital, on or before the date that the other licensee is discharged from the hospital.

A regulatory report must include all of the following:

a description of the health condition referred to in subsection (1) (b);

the opinion of the first licensee as to whether the other licensee is fit to practise.

Duty to report if suspected significant risk to public

A licensee must make a regulatory report with respect to another licensee if the first licensee has reasonable grounds to believe that

the other licensee is not fit to practise, and

the continued practice of a designated health profession by the other licensee presents a significant risk of harm to the public.

Duty to report sexual misconduct, sexual abuse and discrimination

A licensee must make a regulatory report respecting another licensee if the first licensee has reasonable grounds to believe that the other licensee has committed

an act of sexual misconduct, sexual abuse or discrimination.

Other persons have duty to report

A person who is not a licensee but holds a belief described in

section 85 [duty to report if suspected significant risk to public] or 86 [duty to report sexual misconduct, sexual abuse and discrimination] with respect to a licensee must make a regulatory report if either of the following apply:

based on this belief, the person does any of the following:

terminates the licensee's employment, including by revoking, suspending or restricting the licensee's hospital privileges;

dissolves a partnership or association with the licensee;

based on this belief, the person intended to take an action described in paragraph (a), but, before the person acted, the licensee resigned, relinquished hospital privileges or dissolved the partnership or association.

After receiving regulatory report

After receiving a regulatory report, the registrar must

give written notice to the person who made the report that the report was received, and

review the report to determine whether a regulatory complaint should be made under

section 119 [regulatory complaints by registrar] .

The registrar may request a person who made a regulatory report to provide additional relevant information or records for the purposes of determining whether to make a regulatory complaint under

section 119.

Immunity for persons required to report

Subject to subsection (2), no legal proceeding for damages lies or may be commenced or maintained against any of the following:

a person who, under this Act,

makes a regulatory report that the person is required to make, or

takes another action that the person is required to take with respect to the making of a regulatory report;

an employer of a person described in paragraph (a), including, if the person described in paragraph (

a) holds hospital privileges, the owner or operator of the hospital.

Subsection (1) does not apply to a person referred to in that subsection in relation to anything done or omitted in bad faith.

Prohibition Against Adverse Actions

Definitions

In this Division, adverse action means an action described in any of the following sections:

section 92 [adverse actions against patients] ;

section 93 [adverse actions against employees] ;

section 94 [adverse actions against regulated health practitioners] ;

section 95 [other types of adverse actions] .

Adverse actions prohibited

A licensee must not take an adverse action against any of the following persons for a reason referred to in subsection (2):

a person who makes a regulatory report or a regulatory complaint;

a person who assists or gives information or records to a person who is exercising a power or performing a duty under this Act;

a person who seeks information or advice with respect to a matter referred to in paragraph (

a) or (b);

a person who attempts or indicates an intention to take an action referred to in paragraph (a), (

b) or (c), or who indicates that the person is considering taking an action referred to in any of those paragraphs;

whether or not a regulatory report or a regulatory complaint is made, a person who

received, or may have received, health services from a licensee who is not, or may not have been, fit to practise, or

experienced conduct of a licensee that may be

an act of misconduct;

a person who is a family member or a business associate of a person referred to in any of paragraphs (

a) to (e).

A licensee must not take an adverse action against a person referred to in subsection (1) because

the person or any other person, acting in good faith, has taken an action referred to in subsection (1) (

a) to (d), or

the licensee believes that the person or any other person has taken an action referred to in subsection (1) (

a) to (d).

For the purposes of an investigation or disciplinary proceeding under this Act with respect to whether a respondent committed

an act of misconduct by contravening this section, it is not necessary to prove that a person actually took an action referred to in subsection (1) (

a) to (d).

Adverse actions against patients

The following are adverse actions if the person against whom the action is taken is the licensee's patient and the action is taken for a reason described in

section 91 (2) [adverse actions prohibited] :

refusing to refer the patient to another regulated health practitioner;

interfering with or obstructing the transfer of the patient's care to another regulated health practitioner;

counselling another regulated health practitioner against providing health services to the patient.

Adverse actions against employees

The following are adverse actions if the person against whom the action is taken is the licensee's employee and the action is taken for a reason described in

section 91 (2) [adverse actions prohibited] :

an action that contravenes the terms or conditions of employment.

Nothing in subsection (1) prevents a person from doing any of the following:

if an employee is the subject of an investigation, taking an action against the employee that, in the opinion of the employer, is necessary to protect persons from harm or discrimination;

taking an action against an employee for the purposes of managing or terminating an employment relationship for reasons unconnected to an action referred to in

section 91 (1).

Adverse actions against regulated health practitioners

The following are adverse actions if the person against whom the action is taken is another regulated health practitioner and the action is taken for a reason described in

section 91 (2) [adverse actions prohibited] :

making a regulatory report or regulatory complaint against the regulated health practitioner, if

the maker knows, or reasonably ought to know, that the report or complaint is trivial, frivolous or vexatious, or

the report or complaint is made in bad faith;

refusing to refer a patient to the regulated health practitioner;

interfering with or obstructing the transfer of a patient's care to the regulated health practitioner;

counselling a person against receiving health services from the regulated health practitioner.

Other types of adverse actions

The following are adverse actions if the action is taken for a reason described in

section 91 (2) [adverse actions prohibited] :

counselling or directing a person to take an action referred to in this

section or another

section of this Division;

taking an action that is likely to adversely affect, or that threatens to adversely affect, the personal, financial or other interests of the person against whom the action is taken;

threatening, directly or indirectly, to take an action referred to in this

section or another

section of this Division;

taking a prescribed action.

Nothing in this

section is intended to limit the scope of any other provision of this Division.

Discipline and enforcement are not adverse actions

Nothing in this Division prevents a person from

investigating or taking disciplinary action with respect to whether a licensee is fit to practise or has committed

an act of misconduct,

investigating or taking enforcement action with respect to a violation of this Act, the regulations, the bylaws or an order, or

exercising a power or performing a duty under this Act.

Quality Assurance Program

Bylaws

A board must make bylaws respecting the establishment and administration of a quality assurance program, including respecting all of the following:

the qualifications of quality assurance assessors;

the conduct of quality assurance assessments;

the policies and procedures to be used to ensure minimal disruption to the ordinary course of providing health services when quality assurance assessments are conducted;

the means used to improve individual performance and to remedy issues of professional performance found across multiple licensees or within a class of licensees.

Purposes of quality assurance program

A regulatory college must establish and administer a quality assurance program for the following purposes:

to assist individual licensees to improve their own professional performance;

to identify issues of professional performance found across multiple licensees or within a class of licensees and recommend measures that may be taken to remedy those issues.

A regulatory college must not conduct a quality assurance program

for the purposes of an investigation or disciplinary proceeding, or

solely as a type of continuing professional development or a similar type of program.

Conduct of quality assurance assessment

A quality assurance assessment of a licensee may be conducted by a quality assurance assessor

on request of the licensee,

by random selection of the licensee,

based on an assessment of the risk presented by a class of licensees, by types of health services provided by licensees or by a class established on any other basis, or

in any circumstance provided for under the bylaws.

For the purposes of conducting a quality assurance assessment of a licensee, a quality assurance assessor may do one or more of the following:

require the licensee to complete a self-assessment;

observe the licensee practising the licensee's designated health profession, and give directions for this purpose;

inspect relevant records of the licensee, including records containing the personal information or other types of confidential information of patients;

take other actions as authorized under the regulations or bylaws.

If individual performance matter identified

If, based on a quality assurance assessment, a quality assurance assessor is of the opinion that a licensee's professional performance could be improved, the assessor may give notice to the licensee, in writing, and do one or more of the following in the notice:

give advice to the licensee;

recommend that the licensee

undergo clinical or other evaluations,

undertake further education, training or other remedial activities, or

iii

take one or more anti-discrimination measures;

recommend actions to prevent potential harm or discrimination while the deficiency is being remedied.

A licensee's failure to comply with advice or a recommendation given under this

section is not misconduct or sufficient cause to begin an investigation or disciplinary proceeding.

If general issue of professional performance identified

If, based on one or more quality assurance assessments, a quality assurance assessor is of the opinion that there are issues of professional performance across multiple licensees or within a class of licensees, the assessor may make a report that includes recommendations respecting one or more of the following:

further education, training or other remedial activities that licensees should undertake;

types of anti-discrimination measures that licensees should take;

actions to prevent potential harm or discrimination while the issues are being remedied;

prescribed matters.

A report under subsection (1) must be made in writing to the board or to a person or body identified for this purpose under the bylaws.

Protecting confidentiality

All of the following is quality assurance information for the purposes of this Act:

the personal information of a patient or a person who sought health services from a licensee;

information or records prepared or obtained by any person or body for the purposes of a quality assurance assessment;

information or records that identify or may identify, directly or indirectly, a person or body who gave information or records to a quality assurance assessor for the purposes of a quality assurance assessment.

A quality assurance officer must not disclose quality assurance information except as follows:

to other quality assurance officers for the purposes of a quality assurance program;

as provided for under this Division.

Subsection (2) applies despite

section 490 (2) and (3) [compellability of information] of this Act, and

the Freedom of Information and Protection of Privacy Act , other than

section 44 (2) or (3) of that Act.

Failure to cooperate

A quality assurance officer may give written notice to the registrar that a licensee has contravened

section 75 [duty to cooperate] if the officer is of the opinion that the licensee is interfering with the conduct of a quality assurance assessment, which may include the opinion that the licensee

is not participating adequately, or

has lied or given false information to, or is refusing to comply with a direction given by, a quality assurance assessor for the purposes of the assessment.

A quality assurance officer may disclose quality assurance information to the registrar as necessary for the purposes of taking an action under Division 9 [Discipline for Administrative Matters] of this Part with respect to the matters referred to in the notice given under subsection (1) of this section.

Quality assurance information that a licensee provides under a quality assurance program, including a self-assessment prepared by a licensee, must not be received as evidence in a proceeding under this Act or in a civil proceeding, or used against the licensee, except for the purpose referred to in subsection (2) of this section.

Protecting the public

A quality assurance officer may give written notice to the registrar if the officer has reasonable grounds to believe that

the licensee is not fit to practise, or

the licensee has committed

an act of misconduct and giving the notice is necessary to protect the public from harm.

A registrar who receives a notice under subsection (1) of this

section may, based on the notice, make a regulatory complaint under

section 119 [regulatory complaints by registrar] .

A quality assurance officer may disclose quality assurance information in a notice given under this

section as necessary for the purposes of an investigation, disciplinary action or disciplinary proceeding conducted as a result of the notice.

Notice of health hazard

A quality assurance officer may give written notice to the provincial health officer or a medical health officer if the quality assurance officer has reasonable grounds to believe that

a health hazard within the meaning of the Public Health Act exists or may exist, and

there is a risk of significant harm to the public or a group of people.

A quality assurance officer who gives a notice under subsection

(1) must provide the information referred to in

section 11 of the Public Health Act as if the notice were a report made under that section, and

may disclose quality assurance information, if necessary to comply with a request made under

section 11 (

e) of that Act.

Discipline for Administrative Matters

Bylaws

A board may make bylaws as follows:

respecting circumstances in which the registrar must not proceed under this Division, despite a breach or contravention being classed as an administrative matter;

without limiting paragraph (a), imposing limits or conditions on the registrar's exercise of a power under this Division.

What are administrative matters

A licensee's breach or contravention, or alleged breach or contravention, of any of the following is an administrative matter with respect to which a registrar may act under this Division:

an undertaking given under this Act;

section 75 [duty to cooperate] ;

section 76 (1) or (2) (a) [duty to give notice] ;

section 77 [continuing duties] ;

section 78 [duty to provide information] ;

section 79 [duties if practising in facility] ;

section 81 [duty if practice in another jurisdiction] ;

a disciplinary order.

Assessment and action

If a registrar has reasonable grounds to believe that a licensee has breached an undertaking or contravened a provision or order referred to in

section 107 [what are administrative matters] , the registrar must do all of the following:

obtain the licensee's disciplinary record and capacity

summary;

assess the disciplinary record and capacity

summary and the nature, scope and gravity of the breach or contravention;

subject to the bylaws,

dispose of the administrative matter by making an order under

section 109 [disposition] , or

make, based on the administrative matter, a regulatory complaint under

section 119 [regulatory complaints by registrar] .

For the purposes of an assessment, the registrar may, by order, require the licensee to do one or more of the following:

provide information or records;

provide proof, in a form satisfactory to the registrar, of a matter referred to in the information, records or bylaws;

comply with the order on or before a specified date.

Disposition

A registrar may dispose of an administrative matter by making one or more orders as follows:

an order to dismiss the administrative matter, if the registrar is satisfied that

there was no breach or contravention, or

the breach or contravention was remedied adequately and that no further action is appropriate in the circumstances;

disciplinary orders described in

section 269 (b), (

c) or (d) (

i) or (iii) [orders not affecting practice authority] ;

if authorized under the bylaws, disciplinary orders described in

section 270 (1) (

a) or (

b) and (2) [orders affecting practice authority] ;

if authorized under the bylaws, a disciplinary order described in

section 271 (1) (a) [monetary penalties and refunds] for an amount that does not exceed the lesser of the following:

an amount authorized under the bylaws;

a prescribed amount.

If a disciplinary order is made as described in

section 270 (1) (b), the period of the suspension may be for one of the following periods, or for both periods consecutively:

the period that

begins on the date that the order is made, and

ends on the date that the registrar gives notice to the respondent confirming that the respondent has complied with another order made under this

section or with the original order, or both;

a period that does not exceed the prescribed period.

Information to respondents and review

A registrar must give to a respondent written notice of all of the following with respect to an order made under

section 109 [disposition] :

the undertaking, provision or order that is the subject of the order made under

section 109;

the reason for believing the undertaking was breached or the provision or order was contravened;

the order made under

section 109 and the reasons for the order;

the investigation committee's review process;

any further information and records required under the bylaws.

A respondent who is subject to a disciplinary order made under

section 109 may apply in accordance with

section 381 [application for reconsideration or review] for a review by the investigation committee.

Information to investigation committee

A registrar who disposes of an administrative matter must give to the investigation committee all relevant information and records, including

the respondent's disciplinary record and capacity

summary, and

a copy of the information given to the respondent under

section 110 [information to respondents and review] .

A registrar must give to the investigation committee written notice of a respondent's compliance or failure to comply with any of the following:

a disciplinary order that was made under

section 109 (1) (b) [disposition] ;

a disciplinary order that is described in

section 269 (

b) or (d) (

i) or (iii) [orders not affecting practice authority] .

No further review or appeal

A respondent is not entitled to a review by the Health Professions Review Board, or an appeal to any person or body, of an order or decision made under this Division.

Discipline of Health Profession Corporations

Grounds for disciplinary action

A permit committee may take an action under this Division against a health profession corporation if any of the following apply:

in the course of providing health services or related services, the corporation or its officers, employees or agents have done anything that, if done by a licensee, would be considered

an act of misconduct;

the committee is no longer satisfied of one or more matters referred to in

section 58 [requirements for permit] ;

there is a contravention of

section 66 [if permit issued] ;

the health profession corporation is being managed or operated in a manner that, in the opinion of the committee, presents an unreasonable risk of harm to the public.

If reason for disciplinary action suspected

If a permit committee has reasonable grounds to believe that an action may be taken under this Division against a health profession corporation, the committee must do all of the following:

direct the registrar to give written notice to the corporation of

the belief and the reason for the belief,

the action the committee is considering taking, and

iii

the process for a hearing under paragraph (b);

give to the corporation an opportunity to be heard and, if a hearing is requested, hold the hearing.

After a hearing, or if no hearing is requested in accordance with the notice given under subsection (1) (a) (iii), the permit committee must give to the registrar a copy of the committee's decision respecting the disposition of the matter and the reasons for the decision.

The registrar must give to the health profession corporation written notice of the permit committee's decision and the reasons for the decision.

Disposition

A permit committee may dispose of a matter under this Division by directing the registrar to make an order as follows:

to dismiss the matter, if the committee is satisfied that

there are no reasonable grounds as described in

section 113 [grounds for disciplinary action] , or

the matter has been remedied adequately and no further action is appropriate in the circumstances;

to revoke the health profession corporation permit held by the health profession corporation;

to do one or both of the following:

reprimand one or more directors or shareholders of the corporation who are licensees;

impose a monetary penalty on the health profession corporation, in accordance with

section 274 [making order for penalty, costs, expenses or refund] , in an amount that does not exceed $10 000.

If an order is made for a monetary penalty, the amount payable is a debt due to the regulatory college and may be recovered from the health profession corporation in accordance with Division 2 [Recovering Debts Due] of

Part 10.

If revocation or penalty

As soon as reasonably practicable after an order is made under this Division, the registrar