Third Session, 46th

General Assembly

59 Elizabeth II,

BILL 17

AN ACT RESPECTING THE REGULATION

OF CERTAIN

HEALTH PROFESSIONS

Received

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

6, 2010

Second

Reading ............................................................................. June

14, 2010

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

Amendment

June 14, 2010

Third

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

Royal

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

HONOURABLE JEROME

P. KENNEDY, Q.C.

Minister of Health

and Community Services

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would enact the Health Professions Act, an umbrella

model for governance of certain health professions. The Bill would

allow for the governance of

multiple health professions under one Health Professions Council in combination

with profession specific colleges;

give to the Health Professions

Council the responsibility for the regulation of all professions captured by

the legislation, including provisions of registration, quality assurance and

discipline;

provide for the creation of

profession specific colleges which would be a source of professional expertise

to assist and guide the council in the establishment of criteria or benchmarks

for registration, entry to practice, and continued competency matters;

authorize profession specific

colleges to establish, in by-laws, the scope of practice, the standards of

practice and a code of ethics for the health profession it represents; and

identify in the

Schedule those

health professions to which the legislation will apply.

A BILL

AN ACT RESPECTING THE

REGULATION OF CERTAIN HEALTH PROFESSIONS

Analysis

Short title

Definitions

Designation of health professions

subject to this Act

Principles

Compliance required

Non-application of Act

PART

COUNCIL

Council

Composition of council

Appointment by minister

Meetings

Oath or affirmation

Administration

Register

Website

Fees

Annual report

By-laws

PART

REGISTRATION

Prohibition

Registration

Appeal

PART

III

QUALITY ASSURANCE

Quality assurance program

Quality assurance committee

Assessment

Report and compliance

Costs

Termination of review

Duty to report

PART

COLLEGES

Colleges to be established

Duties and powers of colleges

College website

By-laws

Title reservation

PART

DISCIPLINE

Application

Definitions

Complaints and disciplinary panel

Allegation

Effect of filing allegation

Complaints authorization committee

Adjudication tribunal

Hearing

Copies of books, etc. as evidence

Guilty plea by respondent

Powers of adjudication tribunal

Filing and publication of decisions

De-registration and suspension

Failure to comply

Re-hearing

Costs of council

Collection of fine

Appeal to Trial Division

PART

REGULATIONS

Regulations by Lieutenant-Governor in

Council

Regulations by minister

Regulations by council generally

Regulations by council respecting

discipline

Regulations may be general or specific

PART

VII

GENERAL

Protection from liability

Offence

Authority for minister to intervene

Powers of minister

Commencement

Schedule

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

Short title

1. This

Act may be cited as the Health

Professions Act.

Definitions

2. In

this Act

(a) "college" means the college of a

health profession or group of health professions established under this Act;

(b) "council" means the council

established under

section 7;

(c) "health profession" means a health profession

designated in the

Schedule as governed by this Act;

(d) "minister" means the minister

appointed under the Executive Council Act

to administer this Act;

(e) "register" means the register of health

professions referred to in

section 13;

(f) "registrar" means the registrar of health

professionals appointed under

section 12; and

(g) "reserved act" means a reserved act as

prescribed in the regulations.

Designation of health professions subject to this

Act

(1) The

health professions to which this Act applies are designated in the Schedule.

(2) The Lieutenant-Governor in Council may, by

order and upon recommendation of the minister, add a health profession to the

Schedule

to this Act designating it as a profession to which this Act applies.

(3) Where a group of persons representing a health

profession wishes that health profession to be regulated under this Act, the

group may apply to the minister to designate that health profession in the Schedule.

(4) An application for designation shall contain

the information required by the minister.

(5) Notwithstanding subsection (3), the

Lieutenant-Governor in Council may, on the recommendation of the minister, add

a health profession to the

Schedule where the health profession has not applied

to be designated, and that designation is not limited by the lack of an application.

Principles

4 . A decision to include a health profession in

the application of this Act shall be based on a consideration of the extent to

which the practice of the health profession may involve a risk of physical,

mental or emotional harm to the health, safety or well-being of the public, and

shall be based on the criteria prescribed by the Lieutenant-Governor in the

regulations.

Compliance required

(1) A

member of a health profession to which this Act applies shall not practice that

profession unless the person is registered under this Act.

(2) Except where authorized to do so in the

regulations, a health professional shall not perform, engage in or otherwise

participate in a reserved act.

Non-application

of Act

6. This

Act does not apply to or affect a member of a health profession who is

registered or licensed under another Act of the province.

PART I

COUNCIL

Council

(1) The

Newfoundland

and Labrador Council of Health Professionals is established as a corporation

without share capital for the purposes of

Part XXI of the Corporations Act.

(2) The council shall act in the public interest

and the objects of the council are to

(

a) support the quality and safety of health

services;

(

b) enhance public protection;

(

c) improve patient safety and strengthen the

regulatory system; and

(

d) facilitate patient-centred inter-professional

collaboration and care.

(3) The duties of the council are to

(

a) regulate the practice of each health

profession designated in the

Schedule and to govern members in accordance with

this Act, the regulations and by-laws;

(

b) monitor compliance with and enforce standards

of academic or technical achievement and qualification for registration as a

member of a health profession;

(

c) monitor compliance with and enforce standards

respecting a continuing education program for health professions;

(

d) develop, establish and maintain programs that

provide information about health professions and that assist persons in

exercising their rights under this Act and the regulations and by-laws;

(

e) promote the council's relations with the

colleges, members of the health professions and the public;

(

f) promote inter-professional collaboration among

the colleges; and

(

g) administer the council's affairs and perform

its duties and carry out its powers in accordance with this Act, the regulations

and the by-laws.

Composition of

council

(1) The

council shall consist of

(

a) the chair of each college established under

this Act and one other member elected from and by each college in accordance

with the council's by-laws; and

(

b) one member appointed under

section 9

representing each college established under this Act who shall not be a member

of a college.

(2) Notwithstanding paragraph (1)(a), the members of

the first council established under this Act shall be appointed by the

minister, and this

section applies to those members as if they were elected

under that paragraph.

(3) The council shall elect from among the elected

members a chairperson and a secretary-treasurer.

(4) A member may be elected for a term set by the

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

shall not serve as a member for more than 9 consecutive years.

(5) A member may resign his or her office by

written notice to the council.

(6) Where an elected member resigns, dies or

becomes incapable of performing his or her duties, the remaining members shall

appoint a replacement member of the same health profession to serve until the

expiry of the term of that elected member.

(7) Where the term of office of a member of the council

expires and a successor has not been elected or appointed, the member may

continue to hold office until a successor is elected or appointed but time

served by that member under this subsection shall not be counted for the

purpose of subsection (4).

(8) Elected members shall serve without payment

for their services, but their travel and other expenses associated with their

duties as members may be paid by the council, in accordance with the by-laws.

(9) The council may form committees for the

purpose of fulfilling the duties and obligations of this Act.

(10) A committee of the council shall be chaired by

a member of the council, but the membership of committees is not limited to council

members.

(11) A decision of a committee of the council shall

be considered to be a decision of the council.

Appointment by minister

9 .

(1) The

minister shall appoint as members of the council persons who are not members of

a college who are suitable to represent the public interest.

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

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

(3) Where a person appointed under subsection

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

for appointment as a member of the council until the expiration of 12 months

from the end of the year in which he or she was last a member.

(4) Where the term of an appointed member expires,

he or she continues to be a member until re-appointed or replaced.

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

appointed under this

section in accordance with guidelines established by the

Lieutenant-Governor in Council.

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

resign his or her appointment by written notice to the minister and shall

provide a copy to the chairperson of the council.

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

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

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

owing under subsection (5).

(8) A person appointed under this

section may be a

member of a health profession which is not designated in the Schedule.

Meetings

10 .

(1) A

quorum of the council is 50% plus one member, and of that number, at least 2

members shall be members appointed under

section 9.

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

member may, where all the members consent, participate in a meeting of the council

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

persons participating in the meeting to communicate with each other.

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

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

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

(4) In the absence of the chairperson, the members

of the council in attendance at a meeting may appoint another member to chair

that meeting.

(5) The council shall hold an annual general

meeting, to which all members of the council and all members of every college

shall be invited.

(6) At the annual general meeting, the council

shall

(

a) appoint an auditor to audit the accounts of

the council; and

(

b) report on work of the council in the past

year.

(7) The council may in its by-laws provide for

voting at a meeting of the council or in an election of members by mail or

electronic means.

Oath or

affirmation

11. Each

member of the council shall, before acting as a member, take and sign before a

person authorized to administer oaths or affirmations, an oath or affirmation

in the following form:

"I solemnly swear (affirm) that I will

faithfully, truly and impartially to the best of my knowledge, skill and

ability and in best interest of the public, execute and perform the office of

member of the council, and that I will not, except in the discharge of my

duties as member, disclose to a person evidence or other matters brought before

the council." (Where an oath is taken, add "So help me God".)

Administration

(1) The

council shall appoint a person as registrar who shall, by virtue of the office,

be a non-voting member of the council.

(2) The council may pay the registrar for

performing his or her duties under this Act.

(3) The registrar shall

(

a) keep and maintain the records that the council

may direct;

(

b) maintain a website for the council;

(

c) act as a member of the council;

(

d) perform the duties of the registrar in respect

of discipline under

Part V; and

(

e) perform other functions and duties that the council

assigns to him or her.

(4) The council may appoint a deputy registrar and

those officers, managers, other staff and employees that it considers necessary

and may fix their remuneration and terms of service.

Register

(1) The

registrar shall maintain a register of health professionals in which he or she

shall enter

(

a) the names of all health professionals

registered under this Act; and

(

b) the other information that the council may

require.

(2) The registrar shall make the register of the council

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

hours.

Website

(1) The

registrar shall maintain a website which shall be available to the public and

shall include

(

a) the council's annual report;

(

b) the register maintained under

section 13;

(

c) copies of the regulations and by-laws made by

the council;

(

d) links to the websites of the colleges

established under this Act; and

(

e) the other information required by regulation.

(2) A person may request and the council shall

provide the information on its website to the person in paper form, and may

charge a reasonable fee for so doing.

Fees

15 .

(1) The

council may set fees payable under this Act, and in so doing the council shall,

so far as it is practicable, ensure that the amount of fees is sufficient to

enable it to discharge its duties under this Act.

(2) All money received by the council shall be

applied by it to its duties under this Act.

Annual report

16 .

(1) The council shall prepare and submit

to the minister not later than 6 months after the end of the financial year a

report on the activities of the council in the previous year which shall

contain

(

a) the council's audited financial statements for

the previous financial year;

(

b) statistics respecting the frequency and

circumstances of access to patient records without patient consent under

Part

III; and

(

c) the annual reports of each college established

under this Act as required under

section 29.

(2) The minister shall table a copy of the annual

report and the audited financial statement in the House of Assembly within 15

days of receiving it if the house is sitting and if the house is not sitting

within 15 days after it next begins to sit.

(3) Where the council fails to comply with

subsection (1), the council is guilty of an offence and is liable upon

summary

conviction to a fine of $1,000.

By-laws

17 .

(1) The

council may make by-laws not inconsistent with this Act respecting

(

a) the holding and procedure of its meetings;

(

b) the appointment of committees and the duties

and responsibilities of those committees;

(

c) the election of members of the council under

subsection 8(1) and setting the terms of office;

(

d) the payment of travel and other expenses of

elected members of the council;

(

e) the employment and remuneration of staff and

consultants;

(

f) upon the recommendation of a college,

(

i) definitions of "conduct deserving of

sanction" for the purpose of

Part V,

(ii) provisions respecting conflict of interest,

and

(iii) rules respecting methods of advertising

and those

definitions, provisions and rules

may vary according to the health profession to which they apply;

(

g) the remuneration and payment of travel

expenses of members of adjudication tribunals;

(

h) the participation of members at a meeting of

the council by telephone or other telecommunications device under subsection 10(2);

and

(

i) voting by members by mail or electronic means.

(2) A by-law may be made, amended or repealed at a

meeting of the council provided that 30 days notice, in writing, of the making,

amendment or repeal of the by-law and of the meeting are given to members of

the council.

(3) A council shall provide the minister with a

copy of a by-law to be made, amended or repealed at least 60 days before it is

intended to made, amended or repealed.

PART II

REGISTRATION

Prohibition

18. A

person may not practice a health profession which is designated in the

Schedule

unless that person is registered under this Act.

Registration

(1) The

council shall establish a registration committee which shall evaluate

applications for registration by a health professional, and where the

requirements for registration have been met, register the health professional

under this Act.

(2) After consulting with the college of the

affected health profession, the council shall, with the approval of the minister,

prescribe registration requirements for that health profession in the

regulations.

(3) A person who wishes to be registered as a

health professional under this Act shall apply to the registration committee

for registration and a person shall be registered under this Act where that person

(

a) meets the requirements for registration;

(

b) maintains professional liability insurance of

a type and in an amount acceptable to the council; and

(

c) pays the required fee.

Appeal

(1) A

person affected by a decision of the registration committee respecting

registration may appeal to the council who may confirm the decision or direct

the registration committee to vary or reverse it.

(2) Before making a decision on a matter of

registration, the registration committee may refer the matter to the council

who shall direct the committee as to the decision to be made.

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

under this

section may, within 30 days of receipt of the decision, appeal it to

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

Court.

PART III

QUALITY ASSURANCE

Quality assurance

program

(1) The

council shall establish and maintain a quality assurance program to promote

high standards of practice within each health profession to which this Act

applies.

(2) The quality assurance program shall include

continuing education and professional development and shall be designed to

promote

(

a) continuing competence; and

(

b) continuing quality improvement.

Quality assurance

committee

(1) The

council may appoint a committee known as the quality assurance committee.

(2) The quality assurance committee shall

investigate a concern

(

a) on the referral of a quality assurance issue

(

i) the registrar, or

(ii) complaints authorization committee; or

(

b) on its own accord.

(3) The quality assurance committee may

(

a) subpoena records, including patient records;

(

b) order a health professional to undergo an

evaluation, assessment or examination;

(

c) order a review of a health professional's

practice, including any consequential review of patient records;

(

d) order periodic or random audits of aspects of

a health professional's practice; and

(

e) accept an agreement between the council and

the health professional to give effect to matters which could be ordered by the

quality assurance committee.

(4) Where a health professional fails to comply

with an order made by the quality assurance committee, that committee shall refer

that failure to comply as an allegation to the complaints authorization

committee.

Assessment

23 .

(1) The

quality assurance committee may appoint persons registered or licensed as health

professionals under this or another Act of the province as assessors for the

purpose of the quality assurance program.

(2) An assessor may, for the purposes of the quality

assurance program and with the co-operation of the health professional

(

a) enter and inspect the premises where that health

professional engages in the health profession;

(

b) inspect that health professional's records of

care administered to patients;

(

c) require from that health professional

information required by the committee or the assessor respecting the assessment

and care of patients by that health professional or his or her records of care

administered to patients; and

(

d) require that that health professional confer

with the quality assurance committee.

(3) A health professional whose standards of

practice are the subject of an assessment under the quality assurance program

shall cooperate fully with the committee and assessors.

(4) An assessor may access patient records without

the consent of that patient.

(5) All records and specific information relating

to the quality assurance program or a review or recommendation under it is

confidential.

Report and compliance

24 .

(1) Upon

completion of an assessment an assessor shall submit a report of his or her

findings to the committee and the committee shall review the report and may

(

a) make no recommendation to the health

professional who has been assessed; or

(

b) confer with the health professional assessed

and make those remedial recommendations to him or her that the committee

considers appropriate.

(2) The committee may

(

a) direct the health professional who has been

assessed to comply with recommendations made by the committee under subsection

(1); and

(

b) direct that a health professional be

reassessed.

Costs

25 . The

costs incurred by a health professional in implementing remedial recommendations

of the committee shall be paid by that health professional and shall not be a

cost of the committee, the council or a college.

Termination of review

(1) Where

an assessor or a member of the committee learns, in the course of a review,

that a health professional may be guilty of conduct deserving of sanction

within the meaning of

section 34,

the assessment shall be terminated, the health professional shall be advised,

and the matter shall be referred to the complaints authorization committee to

be dealt with as a complaint.

(2) An assessor or a member of a quality assurance

committee shall not provide information to the council except the information

necessary to identify the nature of the complaint.

(3) This

section shall not prevent another person

from providing evidence to establish conduct deserving of sanction on the part

of a member.

Duty to report

(1) A

health professional who has knowledge, from direct observation or objective

evidence, of conduct deserving of sanction of another health professional of

the same profession shall report the known facts to the registrar.

(2) A person who dissolves a partnership with a health

professional based on direct knowledge of the health professional's conduct

deserving of sanction shall report the known facts to the registrar.

(3) An action shall not be brought against a health

professional, person, officer, partnership or association for the sole reason

that the person, officer, partnership or association complied with this

section.

PART IV

COLLEGES

Colleges to be

established

(1) A

separate college is established for each health profession designated under

this Act.

(2) Notwithstanding subsection (1), where it is

necessary for the purpose of administration and with the approval of the

council, one or more colleges established under this Act may combine to form a single

college.

(3) A college shall be a corporation without share

capital for the purposes of

Part XXI of the Corporations

Act.

(4) A person who is registered by the council

shall be a member of a college.

(5) Notwithstanding subsection (4), a college may

appoint a person as an honorary member of a college, but an honorary membership

does not entitle the individual to practise the health profession or have his

or her name entered on the register.

(6) Each college shall elect from among its

members a chairperson and vice-chairperson of the college.

(7) Notwithstanding subsection (6), for the

purpose of the first college established by a health profession designated

under this Act

(

a) the executive of the association shall name

the chairperson and vice-chairperson of the college; or

(

b) where no executive of the profession exists at

the time of establishing a first college, the minister may name the chairperson

and vice-chairperson of the college.

Duties and powers

of colleges

(1) A

college shall in all matters act in the best interests of the public.

(2) A college shall prepare and submit to the

council an annual report respecting its operations not later than January 31 in

a year.

(3) A college shall

(

a) approve a program of study and education for

the purpose of establishing education requirements;

(

b) develop entry to practice requirements for the

health profession, including annual renewal or recertification requirements and

continuing competency requirements;

(

c) establish a scope of practice for the health profession

it represents;

(

d) establish standards of practice for the health

profession it represents; and

(

e) develop a code of ethics for the health

profession it represents.

(4) A college may

(

a) establish committees for the purpose of

fulfilling duties under this Act and the membership of those committees is not

limited to college members; and

(

b) set fees for the purpose of administration and

a college shall, in so far as it is practicable, ensure that the amount of fees

is sufficient to enable it to discharge its duties under this Act.

(5) All money received by a college shall be

applied by it to its duties under this Act.

College website

(1) A

college shall establish and maintain an up to date website available to the

public and the website shall include

(

a) the college's annual report;

(

b) copies of the regulations, by-laws, standards

of practice and code of ethics;

(

c) codes of practice;

(

d) a link to the council website; and

(

e) the other information required by regulation.

(2) Upon the request of a person, the college

shall provide the information on its website to the person in paper form and

may charge a reasonable fee for so doing.

By-laws

(1) A

college may make by-laws

(

a) respecting matters relating to the

administration of the college;

(

b) respecting the scope of practice for the

health profession it represents;

(

c) respecting standards of practice for the health

profession it represents;

(

d) establishing a code of ethics for the health

profession it represents; and

(

e) approving schools and programs respecting the

health profession it represents.

(2) Standards of practice may be incorporations by

reference, in whole or in part, of a code, standard, or guideline regulating

the standards of practice of the health profession, and the by-law may incorporate

it as amended from time to time and with changes that may be necessary.

Title reservation

32. A

person shall not use a name, title, description or abbreviation in a manner

that expresses or implies that he or she is a member of a college, unless the

person is a registered or honorary member of that college.

PART V

DISCIPLINE

Application

33. This

part applies to all health professions designated under this Act.

Definitions

34 . In this

section and sections 35 to 56

(a) " allegation "

means a written document alleging that a person has engaged in conduct

deserving of sanction;

(b) "complainant" means a person making

an allegation described in

section 36;

(c) "conduct deserving of sanction"

includes

(

i) professional misconduct,

(ii) unprofessional conduct,

(iii) professional incompetence,

(iv) conduct unbecoming a health professional,

(

v) incapacity or unfitness to practise as a health

professional, and

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

or the by-laws;

(d) "costs incurred by the council"

includes

(

i) out of pocket expenses incurred by or on

behalf of the council,

(ii) amounts paid by the council to adjudication

tribunal members as remuneration and for expenses, and

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

and the adjudication tribunal;

(e) "disciplinary panel" means the panel

of persons appointed under

section 35 from which the members of an adjudication

tribunal are chosen; and

(f) "respondent" means a health

professional or former health professional against whom an allegation is made.

Complaints and

disciplinary panel

35 .

(1) The

council shall appoint at least 3 of its members, at least one of whom is a member

appointed under

section 9, to constitute a complaints authorization committee.

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

of the complaints authorization committee.

(3) The council shall appoint the chairperson and

vice-chairperson of the complaints authorization committee from the persons

appointed under subsection (1).

(4) The following persons shall constitute the

disciplinary panel:

(

a) at least 4 health professionals from each

health profession designated in the

Schedule who are not members of the council,

all of whom shall be appointed by the council;

(

b) one person appointed by the council under

paragraph (

a) who shall be appointed to serve as chairperson; and

(

c) at least 3 persons who are not health

professionals registered under this Act to represent the public interest, as

appointed by the minister.

(5) Of the members first appointed to the

disciplinary panel, at least one half shall be appointed for a term of 2 years

and the remainder for a term of 3 years and all subsequent appointments of

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

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

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

re-appointed or his or her replacement is appointed.

(7) Persons appointed to the disciplinary panel

may be reappointed.

(8) Members of the disciplinary panel shall serve

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

service as a member of an adjudication tribunal and paid their travel and other

expenses associated with the work of that tribunal by the council, in

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

(9) The complaints authorization committee and an

adjudication tribunal appointed under

section 39 and a person appointed by

either of them may summon witnesses and require those witnesses to give evidence,

orally or in writing, upon oath or affirmation, and produce the documents and

things that either of them considers necessary to the full investigation and

hearing of an allegation or complaint and have the powers, privileges and

immunities that are conferred on a commissioner appointed under the Public Inquiries Act, 2006.

Allegation

36 .

(1) An

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

solicitor, and filed with the registrar.

(2) The registrar, council or college may on his, her

or its own motion make an allegation and file it, and the allegation has the

same effect as an allegation referred to in subsection (1).

(3) Where the registrar has been informed that a

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

of another country or has been suspended by a governing body of that health

professional in another province or territory of Canada or another territory or

country for reason of professional misconduct, unprofessional conduct, conduct

unbecoming a health professional, or professional incompetence, the information

shall be dealt with by the registrar as an allegation.

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

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

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

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

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

to have signed on behalf of that body.

Effect of filing allegation

(1) Where

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

that the allegation may be resolved satisfactorily and where the complainant

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

(2) Where the allegation is not satisfactorily

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

allegation to the complaints authorization committee.

(3) The registrar shall inform a complainant and a

respondent of the referral of the allegation to the complaints authorization

committee.

Complaints authorization committee

38 .

(1) Where

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

committee may exercise one or more of the following powers:

(

a) refer the allegation back to the registrar for

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

(

b) conduct an investigation itself or appoint a

person to conduct an investigation on its behalf;

(

c) conduct a practice review into the

respondent's practice;

(

d) require the respondent to appear before it; and

(

e) refer the allegation to the quality assurance

committee.

(2) Where the complaints authorization committee

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

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

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

the respondent.

(3) Where the complaints authorization committee

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

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

considered to constitute a complaint, and the committee may

(

a) counsel or caution the respondent;

(

b) instruct the registrar to file the complaint

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

(

c) suspend or restrict the respondent's registration.

(4) Where the committee restricts or suspends the

respondent's registration under subsection (3), the committee shall give notice

of the restriction or suspension to the public in a newspaper of general circulation

in or nearest to the community in which the respondent practises within 14 days

of the restriction or suspension having been made.

(5) A person conducting an investigation under

subsection (1) may

(

a) require a respondent to

(

i) undergo an examination he or she considers

necessary and as arranged by the registrar, and

(ii) permit the registrar or a member of the

complaints authorization committee or a person appointed by the complaints

authorization committee to inspect and copy the records of the respondent and

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

(

b) require another person to permit the registrar

or a member of the complaints authorization committee or another person

appointed by the complaints authorization committee to inspect and copy records

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

that person,

and the respondent or other person shall

comply.

(6) Where the registrar, a member of the

complaints authorization committee or a person appointed by the authorization

committee requests that a respondent or another person provide information

under subsection (5), that information shall be provided within 7 days of receipt

of the request or a different period as specified in the request.

(7) An action for damages does not lie against a health

professional or another person to whom a request is made solely because he or

she provides information requested of him or her under subsection (5).

(8) A complainant whose allegation is dismissed by

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

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

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

(9) Subsections (5), (6) and (7) apply to the

Crown.

Adjudication tribunal

(1) For

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

chairperson of the disciplinary panel shall appoint from it an adjudication tribunal

consisting of 3 persons, of whom 2 shall be health professionals from the same

college as the respondent and one shall be a person appointed by the minister

under paragraph 35(4)(c).

(2) The chairperson of the disciplinary panel

shall appoint one of the health professionals from the same college as the

respondent on an adjudication tribunal to be the chairperson.

Hearing

40 .

(1) Where

a complaint has been referred under paragraph 38(3)(b), an adjudication

tribunal shall hear the complaint.

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

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

hearing.

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

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

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

or a witness against the consequences of possible disclosure of personal

matters outweigh the desirability of holding the hearing in public.

Copies of books, etc. as evidence

41. A

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

(

a) a member of the complaints authorization

committee; or

(

b) a person authorized under subsection 38(5) to

conduct an investigation,

who made the copy or extract under

subsection 38(5) is admissible in evidence in an action, proceeding or

prosecution, in the absence of evidence to the contrary, as evidence of the

original book, record, document or thing and its contents.

Guilty plea by respondent

42 .

(1) Where

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

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

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

submissions from the parties.

(2) Where a respondent pleads guilty, and

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

(

a) reprimand the respondent;

(

b) order that the respondent be suspended for a

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

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

(

c) allow or direct the respondent to surrender

his or her certificate to the council upon those conditions that may be considered

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

(

d) impose a fine not to exceed $100,000 to be

paid to the council;

(

e) order that the respondent pay the costs or a

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

the complaint;

(

f) order that the registrar publish a

summary of

the decision including the information set out in subsection 44(4) and other

information that the tribunal may specify; and

(

g) order that the respondent comply with one or

more of the following:

(

i) make restitution to the complainant or other

person affected by the conduct of the respondent,

(ii) obtain medical treatment,

(iii) obtain counselling,

(iv) obtain substance abuse counselling or

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

person designated by the adjudication tribunal that a condition related to

substance abuse rendering the respondent incapable or unfit to practise has

been overcome,

(

v) engage in continuing education programs,

(vi) complete a course of studies satisfactory to

the council or another body or person designated by the adjudication tribunal,

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

made under this

section and authorize others involved with his or her treatment

or supervision to report on it,

(viii) restrict his or her professional practice or

continue his or her practice under specified conditions,

(ix) permit periodic inspection of records relating

to his or her practice, or

(

x) impose other requirements that are just and

reasonable in the circumstances.

(3) The costs incurred by the council to ensure

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

tribunal under this

section shall be borne by the respondent.

Powers of adjudication tribunal

43 .

(1) Upon

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

not a respondent is guilty of conduct deserving of sanction.

(2) Where an adjudication tribunal decides that a

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

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

unreasonable,

(

a) order that those costs that the tribunal

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

(

b) make another order that it considers

appropriate.

(3) Where an adjudication tribunal decides that a

respondent is guilty, it may

(

a) reprimand the respondent;

(

b) order that the respondent be suspended for a

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

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

(

c) allow or direct the respondent to surrender

his or her certificate to the council upon those conditions that may be considered

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

(

d) impose a fine not to exceed $100,000 to be

paid to the council;

(

e) order that the respondent pay the costs or a

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

the complaint;

(

f) order that the registrar publish a

summary of

the decision including the information set out in subsection 44(4) and other

information that the tribunal may specify; and

(

g) order that the respondent comply with one or

more of the following:

(

i) make restitution to the complainant or other

person affected by the conduct of the respondent,

(ii) obtain medical treatment,

(iii) obtain counselling,

(iv) obtain substance abuse counselling or

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

person designated by the adjudication tribunal that a condition related to

substance abuse rendering the respondent incapable or unfit to practise has

been overcome,

(

v) engage in continuing education programs,

(vi) complete a course of studies to the

satisfaction of the council or other body or person designated by the adjudication

tribunal,

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

made under this

section and authorize others involved with his or her treatment

or supervision to report on it,

(viii) restrict his or her professional practice or

continue his or her practice under specified conditions,

(ix) permit periodic inspection of records relating

to his or her practice, or

(

x) impose other requirements that are just and

reasonable in the circumstances.

(4) The costs incurred by the council to ensure

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

tribunal under this

section shall be borne by the respondent.

Filing and publication of decisions

44 .

(1) An

adjudication tribunal shall file a decision or order made under subsection 42(2)

or 43(2) or (3) and its reasons with the registrar and provide a copy to the complainant

and the respondent and the respondent's employer.

(2) The registrar shall maintain a copy of a

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

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

disciplinary records in relation to a health professional permit a person to

view those records.

(3) The registrar shall publish a

summary of a

decision or order of an adjudication tribunal in a newspaper of general

circulation in or nearest to the community in which the respondent practises

within 14 days of the expiry of the appeal period under

section 50, unless a

court orders otherwise, where the decision or order

(

a) suspends the respondent;

(

b) allows or directs the respondent to surrender

his or her registration;

(

c) restricts the respondent's practice;

(

d) specifies conditions for the continuing

practice of the respondent; or

(

e) requires that a

summary of the decision or

order be published.

(4) The

summary of the decision published under

subsection (3) shall include

(

a) the name of the respondent and the address

where he or she practises;

(

b) the date, location and a brief description of

the conduct of the respondent that was found to be deserving of sanction;

(

c) the name of the complainant, unless the

complainant has requested that his or her name be withheld;

(

d) the contents of the order in relation to the

actions referenced in paragraphs (3)(

a) to (d); and

(

e) other information specified for publication in

the decision or order.

(5) Where a decision published under this

section

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

filing of the subsequent decision or order publish a

summary of the decision or

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

(6) The registrar may give notice of the decision

and information respecting the decision to the other persons the council may

direct and shall include a

summary of the decision in a certificate of good

standing issued in relation to the respondent.

De-registration and suspension

45 .

(1) Where

a health professional is allowed or directed to surrender his or her

certificate, his or her rights and privileges as a health professional cease.

(2) Where a health professional is suspended, his

or her rights and privileges as a health professional cease for the period of

suspension.

(3) Where conditions or restrictions have been

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

rights and privileges as a health professional shall be limited to the extent

specified by the conditions or restrictions.

Failure to comply

46 .

(1) On

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

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

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

under subsection 42(2) or 43(3).

(2) The parties to the application are the council

and the respondent.

(3) An order of an adjudication tribunal under

this

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

fixed period that the adjudication tribunal may consider appropriate, until

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

adjudication tribunal.

Re-hearing

(1) Where

a decision or order of the adjudication tribunal

(

a) suspends the respondent;

(

b) allows or directs the respondent to surrender

his or her registration;

(

c) restricts the respondent's practice; or

(

d) specifies conditions for the continuing

practice of the respondent,

and where the respondent alleges that new

evidence has become available or a material change in circumstances has

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

the complaints authorization committee for a supplementary hearing to discharge

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

circumstances.

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

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

material change in circumstances has occurred.

(3) Where an application is made to the complaints

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

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

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

referred to an adjudication tribunal as if it were a matter referred under

paragraph 38(3)(

b) and sections 40 to 45 apply, with the necessary changes, to

the referred matter.

(4) The parties to a supplementary hearing under

this

section are the respondent and the council.

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

to an order that an adjudication tribunal may make under

section 43, a tribunal

may

(

a) vary the original decision or order made under

section 43; or

(

b) discharge the original decision or order, with

or without conditions.

Costs of council

48 .

(1) Where

a person who was ordered to pay the costs of the council under paragraph 42(2)(

e) or 43(3)(

e) fails to pay in the time required, the council may suspend the

registration of that person until the costs are paid.

(2) Costs ordered to be paid to the council under

paragraph 42 (2)(

e) or 43(3)(

e) are a debt due the council and may be

recovered by a civil action.

Collection of

fine

49 .

(1) Where

an order is made under

section 42 or 43 imposing a fine on a respondent, the council

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

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

the Registrar of the Supreme Court.

(2) Where a certificate is filed with the

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

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

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

the person named in the certificate.

(3) A person named in a certificate filed under

this

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

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

of the certificate.

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

may make any amendment to the certificate that is necessary to make the certificate

accord with the judge's decision.

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

made under this section.

(6) A certificate filed under this

section may

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

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

Part III of the Judgment Enforcement Act and be enforced

in accordance with that Act.

Appeal to Trial Division

(1) The

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

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

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

Registrar of the Supreme Court.

(2) An appeal under this

section does not stay the

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

PART VI

REGULATIONS

Regulations by

Lieutenant-Governor in Council

51. The

Lieutenant-Governor in Council may make regulations

(

a) respecting the criteria to be employed in the

designation of a health profession under this Act; and

(

b) generally, to give effect to the purpose of

this Act.

Regulations by

minister

52. The

minister may make regulations

(

a) respecting reserved acts for a health

profession designated in the Schedule; and

(

b) respecting other information which may be

required to be included on the website of a council under

section 14(1)(

e) or a

college under paragraph 30(1)(e).

Regulations by

council generally

53 . The

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

(

a) prescribing criteria for registration and

renewal of registration;

(

b) providing for temporary registration;

(

c) providing for non-practicing status;

(

d) after consultation with a college, respecting mandatory

continuing education requirements for health professionals in that college;

(

e) quality assurance; and

(

f) generally, for the purpose of the

administration of this Act.

Regulations by

council respecting discipline

(1) The

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

(

a) respecting

alternative dispute resolution for the purposes of sections 34 to 56 and the

procedure for that resolution; and

(

b) prescribing time limits for events in the disciplinary

process in sections 34 to 57, including time limits for

(

i) the filing of an allegation,

(ii) the resolution of an allegation by the

registrar,

(iii) the conduct of an investigation under

section 38,

(iv) consideration of an allegation by the

complaints authorization committee following completion of an investigation,

(

v) responding to a complainant and respondent at

each stage of the process,

(vi) the conduct of a quality assurance review

under

Part III,

(vii) the appointment of an adjudication tribunal

under

section 39, and

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

decision or order by an adjudication tribunal following completion of the

hearing.

(2) Notwithstanding subsection (1), the minister

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

process under sections 34 to 56 where the council does not do so in a time

period the minister considers reasonable.

Regulations may

be general or specific

55. A

regulation made under sections 51 to 54 may be general or specific in

application and may apply to one or more health professions.

PART VII

GENERAL

Protection from

liability

56 .

(1) An action for damages does not lie

against the registrar, a member of the council, college, officer, employee or

agent of a college or the council, a person or committee designated by a

college or the council, the council as a corporation, the college as a

corporation, an assessor, the complaints authorization committee, a person

appointed by the complaints authorization committee, the disciplinary panel, an

adjudication tribunal or the individual members of those bodies for

an act,

purported act or failure to act or a proceeding initiated or carried out in

good faith under this Act, or for carrying out duties or obligations under this

Act or any regulations or by-laws made under it.

(2) An action for defamation shall not be founded

in the publication of a communication that consists of or pertains to an

allegation or complaint where that communication is published in the course of

investigating the allegation or complaint or in the course of proceeding under

Part V.

Offence

57 . A

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

summary

conviction to a fine not exceeding $5,000 for a first conviction and to a fine

not exceeding $10,000 for a second or subsequent conviction.

Authority for

minister to intervene

(1) Where,

after consulting with the council or affected college, the minister considers

it to be in the public interest, he or she may appoint a person to review and

make recommendations about

(

a) the quality of the administration and

management, including financial management, of the council or a college;

(

b) the administration of this Act as it relates

to a health profession;

(

c) the performance of other duties and powers

imposed on the council, a college or committees of the council or a college or

persons employed, retained or appointed to administer this Act; or

(

d) the practice of a health profession.

(2) A review under subsection (1) may include a

review into the exercise of a power or the performance of a duty, or the

failure to exercise a power or perform a duty under this Act, the regulations

or by-laws.

(3) A person appointed under subsection (1) has

the powers, privileges and immunities that are conferred on a commissioner appointed

under the Public Inquiries Act, 200 6.

(4) A person appointed under subsection (1) shall

comply with terms of reference the minister may establish concerning the conduct

of a review.

Powers of

minister

59. Where

a review has been completed under

section 58, the minister may accept or reject

the recommendations of the person appointed under that

section and may

(

a) require the council or a college to provide

further reports and information;

(

b) require the council or a college to make,

amend or revoke a regulation or by-law under this Act;

(

c) require the council or a college to do

anything that, in the opinion of the minister is necessary or advisable to

carry out the intent of this Act.

Commencement

(1) This Act, or a section, subsection or

paragraph of it, comes into force on a day or days to be proclaimed by the

Lieutenant-Governor in Council.

(2) This Act may come into force for one or more health professions listed in

the Schedule.

Schedule

The following health professions are

subject to this Act:

Acupuncturists

Audiologists

Dental Hygienists

Medical Laboratory Technologists

Midwives

Respiratory Therapists

Speech Language Pathologists

Earl G. Tucker, Queen's Printer