Second

Session, 50th General Assembly

Charles III, 2024

BILL 80

AN ACT TO AMEND THE

MEDICAL ACT, 2011 AND THE PSYCHOLOGISTS ACT, 2005

Received

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

Second

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

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

Third

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

Royal

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

HONOURABLE JOHN HOGAN, KC

Minister of Health and Community Services and

Attorney General

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Medical Act, 2011 to

allow a person to appeal a

registration or licensing decision of the registrar to the council of the College of Physicians and Surgeons of Newfoundland and Labrador;

allow the council of the College

of Physicians and Surgeons of Newfoundland and Labrador to appoint a person

or a committee to hear an appeal in its place; and

allow a person to appeal a registration

or licensing decision of the

council of the College of Physicians

and Surgeons of Newfoundland and

Labrador to the Supreme Court.

This Bill would amend the Psychologists Act, 2005 to

clarify that initial

registration decisions are made by the registrar;

allow a person to appeal a

registration decision of the registrar to the Newfoundland and Labrador Psychology Board ;

allow the Newfoundland and Labrador Psychology Board to appoint a person or a committee to hear an appeal in its place;

allow a person to appeal a registration

decision of the Newfoundland and Labrador Psychology Board

to the Supreme Court; and

incorporate gender-neutral

language.

BILL

AN ACT TO AMEND THE MEDICAL ACT, 2011 AND

THE PSYCHOLOGISTS ACT, 2005

Analysis

MEDICAL

ACT, 2011

S.22.1 Added

Registration and licensing decision appeal to council

S.23 Amdt .

Registration and licensing decision appeal to Supreme Court

PSYCHOLOGISTS

ACT, 2005

S.4 Amdt .

Appointment by minister

S.6 Amdt .

Registrar

S.10 Amdt .

Application for registration

S.10.1 Amdt .

Full registration

S.11 Amdt .

Provisional registration

S.11.1 Amdt .

Temporary registration

S.12.1 Added

Registration decision appeal to board

S.13 Amdt .

Registration decision appeal to Supreme Court

S.15 Amdt .

Committees

S.16 Amdt .

Allegation

S.18 Amdt .

Complaints authorization committee

S.20 Amdt .

Hearing

S.22 Amdt .

Guilty plea by respondent

S.23 Amdt .

Powers of adjudication tribunal

S.25 Amdt .

De-registration and suspension

S.27 Amdt .

Reinstatement and readmission

S.29 Amdt .

Collection of fine

S.30 Amdt .

Appeal to Supreme Court

S.30.3 Amdt .

Assessment

S.30.4 Amdt .

Report and compliance

S.31 Amdt .

Use of psychologist

S.31.1 Amdt .

Notice of change

S.31.2 Amdt .

Non-resident psychologists

S.32 Amdt .

Offence

Transitional

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

MEDICAL ACT, 2011

SNL2011 cM-4.02

as amended

1. The Medical

Act, 2011 is amended by adding immediately after

section 22 the following:

Registration and

licensing decision appeal to council

22.1

(1) A person affected by a refusal by the registrar

to register the person or to issue a licence to the

person may appeal the decision to the council who may confirm the decision or

direct the registrar to vary or reverse the decision.

(2) The

council may appoint a person or a committee to hear an appeal in place of the

council.

(3) A decision of a

person or a committee appointed under subsection (2) is

considered to be a decision of the council.

2. Subsection 23(1) of the Act is repealed and the

following substituted:

Registration and

licensing decision appeal to Supreme Court

(1) A person affected by a decision of the council

under

section 22.1 may, within 30 days after receipt of the decision, appeal the

decision to a judge of the Supreme Court by filing a notice of appeal with the

court and serving a copy of the notice of appeal on the registrar.

PSYCHOLOGISTS ACT, 2005

SNL2005 cP-34.1

as amended

3. (1) Subsection

4(3) of the Psychologists Act, 2005

is amended by deleting the words he or she and substituting the words the person.

(2) Subsection

4(4) of the Act is amended by deleting the words he or she and substituting the

words the person.

(3) Subsection

4(6) of the Act is amended by

(

a) deleting the words his or her and substituting the words the persons; and

(

b) deleting the words him or her and substituting the words the person.

Section

6 of the Act is amended by deleting the words his or her and substituting the

words the registrar's.

Section

10 of the Act is amended by deleting the words he or she and substituting the

words the person.

(1) Subsection 10.1(1) of the Act is repealed and the following substituted:

Full registration

10.1

(1) The registrar may grant full registration to a

person where the person

(

a) meets

the requirements in

section 10;

(

b) completes

to the boards satisfaction the examination prescribed by the board; and

(

c) has

(

i) where the person holds a doctoral degree, at

least one year of professional experience, or

(ii) where

the person holds a masters degree, at least 2 years of professional experience

in the field of psychology satisfactory to the

board that was obtained after the degree and was supervised to the satisfaction

of the board.

(2) Subsection

10.1(3) of the Act is amended by

(

a) deleting the words his or her and substituting the words an; and

(

b) deleting the words he or she and substituting the words the registered

psychologist.

7. (1) Subsection 11(1) of the Act is repealed and the following substituted:

Provisional

registration

(1) The registrar may grant provisional

registration to a person

(

a) where

the person meets the requirements in

section 10 but does not meet the

requirements in paragraphs 10.1(

b) and (c); and

(

b) in

other circumstances considered appropriate by the board.

(2) Subsection 11(3) of the Act is amended by

deleting the word "board" and substituting the word

"registrar".

(1) Subsection

11.1(1) of the Act is repealed and the following substituted:

Temporary

registration

11.1

(1) The registrar may grant temporary registration

to a person where the person

(

a) submits

proof satisfactory to the board that the person is registered in another

jurisdiction and that the registration is not subject to any terms or

conditions; and

(

b) pays

the fee set by the board.

(2) Subsection 11.1(2) of the Act is amended by

deleting the word "board" and substituting the word

"registrar".

9. The Act is amended by adding immediately after

section 12 the following:

Registration

decision appeal to board

12.1

(1) A person affected by a decision of the registrar

respecting registration may appeal the decision to the board who may confirm

the decision or direct the registrar to vary or reverse the decision.

(2) The

board may appoint a person or a committee to hear an appeal in place of the board.

(3) A decision of a

person or a committee appointed under subsection (2) is

considered to be a decision of the board.

10. (1) Subsection

13(1) of the Act is repealed and the following substituted:

Registration

decision appeal to Supreme Court

(1) A person affected by a decision of

the board under

section 12.1 may, within 30 days of receipt of the decision,

appeal the decision to the Supreme Court by filing a notice of appeal with the

court.

(2) Subsection 13(2) of the Act is amended by

deleting the words "Trial Division" and substituting the words

"Supreme Court".

11. Subsection

15(6) of the Act is repealed and the following substituted:

(6) Where

the term of office of a member of the disciplinary panel expires, the member

continues to be a member of the disciplinary panel until reappointed or

replaced.

12. (1) Subsection

16(1) of the Act is amended by deleting the words his or her and substituting

the words the complainants.

(2) Subsection

16(2) of the Act is amended by deleting the words his or her and substituting

the words the registrars.

(1) Subparagraph

18(4)(a)(

i) of the Act is amended by deleting the

words he or she and substituting the words that the person.

(2) Subsection

18(6) of the Act is amended by

(

a) deleting the words he or she and substituting the words the registered

psychologist or other person; and

(

b) deleting the words of him or her.

(3) Subsection

18(8) of the Act is amended by deleting the words Trial Division and

substituting the words Supreme Court.

14. Subsection

20(2) of the Act is amended by deleting the words his or her.

15. Subsection

22(2) of the Act is amended by deleting the words his or her wherever they

appear and substituting the words the respondents.

16. Subsection

23(3) of the Act is amended by deleting the words his or her wherever they

appear and substituting the words the respondents.

Section

25 of the Act is amended by deleting the words his or her wherever they

appear and substituting the words the respondents.

18. Paragraph

27(1)(

b) of the Act is amended by deleting the words his or her and

substituting the words the respondents.

Section

29 of the Act is amended by deleting the words Trial Division wherever they

appear and substituting the words Supreme Court.

20. (1) Subsection

30(1) of the Act is repealed and the following substituted:

Appeal to Supreme

Court

(1) The board or the respondent may, within 30 days

after receiving notice of a decision or order of an adjudication tribunal under

this Act, appeal the decision or order to the Supreme Court by filing a notice

of appeal with the court.

(2) Subsection 30(2) of the Act is amended by

deleting the words "Trial Division" and substituting the words

"Supreme Court".

21. Paragraph

30.3(2)(

c) of the Act is amended by deleting the words his or her and

substituting the words the psychologists.

22. Subsection

30.4(1) of the Act is amended by

(

a) deleting

the words his or her and substituting the words the assessors; and

(

b) deleting

the words him or her and substituting the words the psychologist.

23. Subsection

31(2) of the Act is repealed and the following substituted:

(2) A

person other than a registered psychologist who represents to the public, by a

title or description of services, to be a psychologist or a person who

practices psychology is guilty of an offence.

Section

31.1 of the Act is amended by deleting the words his or her wherever they

appear and substituting the words the psychologists.

Section

31.2 of the Act is amended by deleting the words hold himself or herself out

as and substituting the words represent to be.

Section

32 of the Act is amended by deleting the words himself or herself and

substituting the words the person.

Transitional

(1) Where a person wishes to appeal a

registration or licensing decision that was made under the Medical Act, 2011 before the coming into force of this Act, the

person shall appeal that decision directly to the Supreme Court and

section 23

of the Medical Act, 2011 applies.

(2) Where a person wishes to appeal a registration

decision that was made under the Psychologists

Act, 2005 before the coming into force of this Act, the person shall appeal

that decision directly to the Supreme Court and

section 13 of the Psychologists Act, 2005 applies.

King's Printer