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Part II .

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Regulated Health Professions General Regulations

made under Sections 13 and 177 of the

Regulated Health Professions Act

S.N.S. 2023, c. 15

O.I.C. 2024-180 (effective June 3, 2024), N.S. Reg. 106/2024

Table of Contents

Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.

Click here to go to the text of the regulations .

Interpretation

Citation

Definitions

Regulatory Body Requirements

Registrar must send proposed bylaws to Network members

Feedback on proposed bylaws under subsection 12(2) of Act

Term of appointment for public representative board members

Publication of board meeting information

Registrant information required to be published by registrar

Annual reports

Mandatory standard of practice for maintaining information on digital platform

Mandatory standard of practice for sexual misconduct and sexual abuse

Committees, Joint Panels and Pools

Reinstatement committee—additional powers and authority

Complaints committee—additional powers and authority

Professional conduct committee—additional powers and authority

Registrar—additional powers and authority

Fitness-to-practise committee—additional powers and authority

Appointing public representatives

Board member may serve on statutory committee

Composition and powers of joint panel

Administration of pools

Professional Conduct

Notice of hearing

Recording of evidence

Preservation of evidence

Roles and powers of investigators in professional conduct processes

Settlement Agreements

Mediator used to prepare settlement agreement

Referral of settlement agreement to complaints committee

Complaints committee actions when proposed settlement agreement referred

Professional conduct committee actions when proposed settlement agreement referred

Written decision on settlement agreement and notice

New panel members

Rejected settlement agreements and hearings

Settlement negotiations and decision to award costs in hearing

Breach of settlement agreement

Reinstatement

Applications for reinstatement

Investigation concerning reinstatement application

Notice of reinstatement hearing

Attendance at hearing for review of reinstatement application

Reinstatement committee may determine procedure

Witnesses at reinstatement committee hearing

Parties to reinstatement committee hearing

Decision of reinstatement committee

Reinstatement eligibility

Costs and expenses for reinstatement application and hearing

Publication of reinstatement committee’s decision

Submitting new application for reinstatement

Costs

Surrendering licence

Practice Reviews

Establishing practice review committee

Function of practice review committee

Referral for practice review

Referral to registrar

Quality Assurance Program

Quality assurance program for regulatory performance

Standards of good regulation

Custodianship

Registrar may appoint custodian of client records

Custodian of client records

Information Disclosure and Confidentiality

Mandatory disclosure between regulatory body and employer

Employer reporting exposure to harm

Exceptions to confidentiality

Permitted disclosure to extra-provincial regulatory body

Practice

Registrant may delegate

Applicant or registrant charged with criminal offence

Transition

Permit or licence continues until withdrawn or expires

Interpretation

Citation

1 These regulations may be cited as the Regulated Health Professions General

Regulations .

Definitions

(1) In these regulations,

“Act” means the Regulated Health Professions Act ;

“competency matrix” means a tool that supports the recruiting and selection of

pool members based on the competencies required to administer the Act in the

public interest;

“format of the hearing” means whether the hearing is in-person, virtual or hybrid;

“health authority” means a health authority established under the Health

Authorities Act ;

“Network member” means [a] Network member as defined in the Regulated

Health Professions Network Act .

(2) In the Act and these regulations,

“de-identified information” means de-identified information as defined in the

Personal Health Information Act ;

“personal information” means personal information as defined in the Freedom of

Information and Protection of Privacy Act .

(3) In the Act,

“competence assessment” is further defined to include a process approved by a

statutory committee to assess competence;

“conditional licence” is further defined to include the categories of conditional

licences prescribed in the regulations and bylaws;

“current contact information” in clause 60(1)(

c) of the Act includes any legal name

changes;

“incorporated entity” means a legal entity formed by incorporation and includes

professional incorporation by a registrant, and “professional corporation” has the

same meaning;

“licensing category” means the categories of licence set out in the Act, regulations

and bylaws, and “category of licence” and “category of licensing” have the same

meaning;

“practising licence” means a licence issued under the Act authorizing a registrant

to engage in practice without conditions or restrictions, and includes the categories

of practising licence prescribed in the regulations and bylaws;

“professional incorporation” means the act of incorporation by a registrant;

“regulated health services” means health services delivered by a registrant;

“research” means research as that term is used in Sections 29 and 30 of the

Freedom of Information and Protection of Privacy Act .

(4) In subsection 27(2) of the Act, “education programs” means approved education

programs and any other education programs that the registrar considers relevant to

the practice of the regulated health profession that qualified the registrant for

registration or licensing or qualified them to practise within an expanded scope of

practice.

Regulatory Body Requirements

Registrar must send proposed bylaws to Network members

3 In addition to the requirements of subsection 12(3) of the Act, the registrar must send a

copy of a proposed bylaw to the Nova Scotia Regulated Health Professions Network

Administrator to distribute to Network members.

Feedback on proposed bylaws under subsection 12(2) of Act

(1) When making or amending a bylaw under clause 12(2)(b), (

c) or (

f) of the Act, the

registrar must send a copy of the proposed bylaw to the Nova Scotia Regulated

Health Professions Network Administrator and any private health facilities the

registrar considers relevant and must provide at least 30 days for feedback.

(2) When making or amending a bylaw under clause 12(2)(h), (

k) or (

m) of the Act,

the registrar must send a copy of the proposed bylaw to the Nova Scotia Regulated

Health Professions Network Administrator and any employers the registrar

considers relevant and must provide at least 30 days for feedback.

(3) The registrar may waive or abbreviate the feedback period in subsection (1) or

(2) if the registrar determines it is in the public interest to do so.

(4) When making or amending a bylaw under clause 12(2)(h), (

k) or (

m) of the Act,

the board must provide the Minister with rationale for the bylaws, in a form

approved by the Minister, at least 180 days before approving the bylaw.

(5) The Minister may waive or abbreviate the notice period in subsection (4) if the

Minister determines it is in the public interest to do so.

(6) This

Section does not apply to a bylaw made in the first year after a regulatory

body is established under the Act, if, in the opinion of the registrar, the bylaw does

not make any substantive changes to the practices in place immediately before the

regulatory body was established, regardless of whether those practices were set out

in the former Act, regulations, bylaws, policies or standards of the existing

regulator.

(7) To meet the requirements of subsections 12(3) and (4) of the Act and this Section,

an existing regulator must do all of the following:

(

a) send a copy of a proposed bylaw or amendment to a bylaw to each

registrant, the Minister and any other person or organization identified in

this Section, in accordance with

Section 151 of the Act;

(

b) publish notice of a proposed bylaw or amendment to a bylaw on its website

for at least 30 days with a request for feedback.

Term of appointment for public representative board members

(1) The term of appointment for a public representative appointed to the board of a

regulatory body is 3 years, regardless of whether the public representative is

appointed by the Governor in Council or a regulatory body.

(2) A public representative must not serve for more than 2 consecutive terms.

(3) In subsection (2), “consecutive” means 12 months or less have elapsed between the

end of one term and the beginning of the next.

Publication of board meeting information

(1) Within 30 days of the date that minutes from a board meeting are approved, a

board must publish on its website a

summary of the agenda items addressed and

decisions made at the board meeting.

(2) Despite subsection (1), matters addressed during in camera board discussions must

not be published unless the outcome of the in camera discussion was disclosed in

the regular board meeting minutes.

Registrant information required to be published by registrar

(1) The registrar must publish all of the following information on the regulatory

body’s website or another publicly available digital platform selected by the

registrar:

(

a) the name, including the preferred name, of each registrant as specified on

their licence application or renewal form;

(

b) the registration number of each registrant;

(

c) for each registrant,

(

i) the name of the register in which they are registered,

(ii) the category of licence they hold, if any, or a notation of their licence

status,

(iii) any current conditions or restrictions on their licence or registration

that are not covered by a publication ban,

(iv) any licensing sanctions that are not covered by a publication ban, but

not including any expired conditions or restrictions;

(

d) a record of each registrant who has current approval issued by the registrar

to engage in a professional activity, procedure or service as part of their

individual scope of practice, including all of the following information:

(

i) the nature of the approved activity, procedure or service,

(ii) any titles or permits authorized by the registrar to signify approval to

engage in the approved activity, procedure or service,

(iii) any conditions or restrictions respecting the approved activity,

procedure, or service;

(

e) any other information that is required under the bylaws to be in the register

or the record, if the registrar determines it is in the public interest to make

that information publicly available.

(2) For the purposes of this Section, “registrant” means a registrant who holds a

current licence or has held a licence to practise within the period of time set out in

a mandatory standard of practice.

(3) For the purposes of clause (1)(d), “approval” means approval that is evidenced by a

title, permit or other active form of approval determined by the board.

(4) Despite subsection (1), the registrar may redact publicly available information if

the registrar has reasonable grounds to believe it is in the public interest to do so.

Annual reports

(1) A regulatory body must provide an annual report of its activities to the Minister, in

a form and manner satisfactory to the Minister, no more than 90 days after the date

that the financial audit is substantially completed or 60 days after the date the

board accepts the financial audit, whichever is earlier.

(2) In addition to the audited financial statement required under clause 10(1)(

d) of the

Act, an annual report must include all of the following information for the year for

which the report is submitted:

(

a) a description of the structure of the regulatory body, including the names,

functions and a description of the committees of the board;

(

b) the names of the board members;

(

c) the names of the members of the statutory committees and any other

committee established by the board;

(

d) the location of any notices published during the year by the registrar on the

regulatory body’s website under subsection 12(3) of the Act;

(

e) the number of registrants who hold each category of licence;

(

f) the number of applications for registration that were received during the

year and their outcome;

(

g) the number of applications for each category of licence that were received

during the year and their outcome;

(

h) the total number of complaints that were unresolved at the beginning of the

year, including all of the following information on an aggregate basis:

(

i) the number of each type of unresolved complaint,

(ii) the number of unresolved complaints that were resolved during the

year,

(iii) the outcome of any resolved complaints and the status of any

unresolved complaints;

(

i) the total number of complaints received during the year, including all of the

following information on an aggregate basis:

(

i) the number of each type of complaint,

(ii) the number of complaints that were resolved during the year,

(iii) the outcome of any resolved complaints and the status of any

unresolved complaints;

(

j) the number of registrants who received a licensing sanction during the year,

including all of the following information:

(

i) a

summary of the reasons for each case in which 1 or more licensing

sanctions were issued,

(ii) the location of the published decision respecting the licensing

sanctions;

(

k) the number of practice reviews conducted during the year and the results of

each review;

(

l) a description of the continuing competency program of the regulatory body

and any other methods used to maintain the competency of the registrants;

(

m) any other information the Minister requires.

Mandatory standard of practice for maintaining information on digital platform

9 By December 3, 2024, an existing regulator and a regulatory body must adopt a

mandatory standard of practice for maintaining the information of a registrant without a

licence on the existing regulator’s or regulatory body’s website or another publicly

available digital platform.

Mandatory standard of practice for sexual misconduct and sexual abuse

(1) By December 3, 2024, an existing regulator and a regulatory body must adopt a

mandatory standard of practice for addressing sexual misconduct and sexual abuse.

(2) The mandatory standard of practice must contain

definitions of “sexual

misconduct” and “sexual abuse.”

Committees, Joint Panels and Pools

Reinstatement committee—additional powers and authority

11 If a matter is referred to a reinstatement committee, the chair of the committee may

appoint a panel or joint panel of at least 3 members of the committee to act as the

committee, at least 1 of whom must be a public representative.

Complaints committee—additional powers and authority

12 In addition to the authority under

Section 89 of the Act, a complaints committee may

allow a respondent to apply to lift, vary or terminate a suspension, restrictions or

conditions on their licence at a time determined by the complaints committee.

Professional conduct committee—additional powers and authority

13 A professional conduct committee that orders a suspension under

Section 110 of the Act

may reduce the period of suspension if all of the following conditions apply:

(

a) the respondent meets any conditions imposed by the professional conduct

committee;

(

b) the professional conduct committee determines it is in the public interest to

do so.

Registrar—additional powers and authority

(1) A registrar may participate in a meeting between the fitness-to-practise committee

and a registrant under subsection 128(3) of the Act.

(2) The registrar may introduce evidence and make submissions in a form determined

by the committee before the meeting.

Fitness-to-practise committee—additional powers and authority

15 The fitness-to-practise committee may appoint an investigator to investigate possible

non-compliance with a remedial agreement made under subsection 127(1) of the Act.

Appointing public representatives

(1) A regulatory body may appoint a public representative to a statutory committee

unless any regulations made under

Section 14 of the Act provide otherwise.

(2) A regulatory body must publicly advertise to invite expressions of interest in

serving as a public representative on a regulatory committee for at least 30 days,

except when appointing a public representative from a pool.

(3) A regulatory body must publish a list of public representatives appointed to its

statutory committees on its website.

Board member may serve on statutory committee

(1) Despite subsection 8(3) of the Act, a member of the board may serve on any of the

following statutory committees:

(

a) the registration and licensing committee;

(

b) the complaints committee.

(2) No more than 1 board member may serve on a panel of the registration and

licensing committee or the complaints committee.

Composition and powers of joint panel

(1) A joint panel must have at least 3 and no more than 5 members.

(2) A joint panel of 3 is composed of all of the following members:

(a) 1 registrant from the same regulatory body as the individual whose matter is

before the committee;

(b) 1 registrant from a regulatory body other than the regulatory body of the

individual whose matter is before the committee;

(c) 1 public representative.

(3) A joint panel of 4 is composed of all of the following members:

(a) 1 registrant from the same regulatory body as the individual whose matter is

before the committee;

(b) 1 registrant from a regulatory body other than the regulatory body of the

individual whose matter is before the committee;

(c) 2 public representatives.

(4) A joint panel of 5 is composed of all of the following members:

(a) 2 registrants from the same regulatory body as the individual whose matter

is before the committee;

(b) 1 registrant from a regulatory body other than the regulatory body of the

individual whose matter is before the committee;

(c) 2 public representatives.

(5) A joint panel has all the same powers as the relevant statutory committee for which

it has been convened.

Administration of pools

(1) A person or organization designated by the Minister to establish a pool under

Section 25 or 26 of the Act must maintain a record of current and former members

of the pool that includes all of the following information for each member:

(

a) their name;

(

b) their contact information;

(

c) which statutory committees, including joint panels, they are or were

appointed to;

(

d) for a registrant of a regulated health profession, their profession and unique

registration number.

(2) A person or organization designated by the Minister to establish a pool under

Section 25 or 26 of the Act must do all of the following:

(

a) establish a competency matrix outlining the skills required for pool

members that considers the principles of equity, diversity, inclusion and

reconciliation;

(

b) provide a copy of the competency matrix, and any amended versions, to the

Minister;

(

c) publicly advertise to invite expressions of interest in serving as member of a

pool of public representatives for at least 30 days.

Professional Conduct

Notice of hearing

20 In addition to the requirements in

Section 94 of the Act, a notice of hearing must contain

all of the following information:

(

a) the names of the parties to the hearing;

(

b) the date, time and location of the hearing;

(

c) the format of the hearing;

(

d) the allegations against the respondent;

(

e) a statement that the respondent has the right to be represented by legal

counsel or another representative at the respondent’s expense;

(

f) any request for an order to exclude the public;

(

g) any other information the registrar determines is necessary in the public

interest.

Recording of evidence

21 Evidence presented at a hearing must be recorded by a person and in a manner

authorized by the registrar.

Preservation of evidence

22 Evidence obtained during any regulatory process must be preserved electronically or

otherwise for at least 5 years from the date the regulatory process concludes.

Roles and powers of investigators in professional conduct processes

(1) Subject to subsection (2) and with the approval of the chair of the complaints

committee, if there are reasonable and probable grounds to believe there is

evidence relevant to an investigation at a registrant’s place of practice, an

investigator may enter the registrant’s place of practice at any reasonable time to

examine the place of practice and any equipment, book, account, report, record or

thing found there that is relevant to the investigation.

(2) An investigator who seeks to enter a registrant’s place of practice under subsection

(1) must provide proof that they have been appointed as an investigator before

entering the place of practice.

(3) A person must not obstruct an investigator or withhold or conceal from an

investigator or destroy anything that is relevant to the investigation.

(4) This

Section applies despite any provision of any Act relating to the confidentiality

of health records, except

Section 9 of the Quality-improvement Information

Protection Act .

Settlement Agreements

Mediator used to prepare settlement agreement

(1) The parties may agree to use a mediator to prepare or negotiate a proposed

settlement agreement.

(2) The costs for a mediator must be divided equally between the regulatory body and

the respondent unless the parties agree to a different division of the costs.

Referral of settlement agreement to complaints committee

25 The procedure for addressing a proposed settlement agreement under subsection 87(3) of

the Act is for the registrar to refer the proposed agreement to the complaints committee

for consideration.

Complaints committee actions when proposed settlement agreement referred

(1) The complaints committee may recommend acceptance of a proposed settlement

agreement if it is satisfied that all of the following criteria are met:

(

a) the public is protected;

(

b) if the respondent is permitted to continue practising, the conduct or its cause

can be, or has been, successfully remedied or addressed, and, if applicable,

the respondent is likely to successfully pursue the proposed remediation or

other requirements of the proposed settlement agreement;

(

c) settlement is in the best interest of the public.

(2) If the complaints committee recommends acceptance of a proposed settlement

agreement, the complaints committee must refer the proposed settlement

agreement to the professional conduct committee for consideration.

(3) If the complaints committee does not recommend acceptance of a proposed

settlement agreement, the complaints committee must do 1 of the following:

(

a) recommend changes to the proposed settlement agreement that,

(

i) if agreed upon by the parties would result in the complaints

committee’s recommending acceptance by the professional conduct

committee, or

(ii) if not agreed upon by the parties would result in rejection by the

complaints committee;

(

b) reject the proposed settlement agreement and refer the complaint considered

by the complaints committee to the professional conduct committee for a

hearing.

Professional conduct committee actions when proposed settlement agreement referred

(1) The professional conduct committee may accept a proposed settlement agreement

if the criteria set out in subsection 26(1) have been met.

(2) If the professional conduct committee does not accept a proposed settlement

agreement, it must do 1 of the following:

(

a) recommend changes to the proposed settlement agreement;

(

b) reject the proposed settlement agreement.

(3) If both parties agree with changes recommended to a proposed settlement

agreement under clause (2)(a), the proposed agreement must be referred back to

the professional conduct committee for acceptance.

(4) If a proposed settlement agreement is rejected under subsection (2) or if both

parties do not accept changes recommended under clause (2)(a), the matter must be

referred to another panel of the professional conduct committee for a hearing.

Written decision on settlement agreement and notice

(1) When the professional conduct committee accepts or rejects a proposed settlement

agreement, the committee must issue a written decision that includes the reasons

for accepting or rejecting the proposed settlement agreement.

(2) The professional conduct committee must provide a copy of any decision rejecting

a proposed settlement to all of the following:

(

a) the parties;

(

b) any persons it considers appropriate.

(3) The professional conduct committee must provide a copy of any decision accepting

a proposed settlement agreement to the registrar for distribution and publication as

required.

(4) The professional conduct committee’s decision must be published and disclosed in

the manner directed by the professional conduct committee, subject to any

publication bans it has imposed.

New panel members

29 A person who sits on a panel of the professional conduct committee that reviews a

rejected proposed settlement agreement must not sit on a panel of the professional

conduct committee that conducts a hearing related to the same complaint.

Rejected settlement agreements and hearings

(1) If a proposed settlement agreement is rejected by the complaints committee or the

professional conduct committee, a hearing must proceed without reference to the

proposed settlement agreement or any admissions contained in the proposed

settlement agreement until after the professional conduct committee has

determined whether professional misconduct, conduct unbecoming, incompetence

or incapacity has been proven.

(2) Despite subsection (1), the parties may advance agreements on facts and joint

submissions during a hearing, regardless of whether a proposed settlement

agreement was rejected.

Settlement negotiations and decision to award costs in hearing

31 Before deciding whether to award costs in a hearing, a party may give the professional

conduct committee and the other party a copy of any correspondence exchanged between

the parties regarding settlement negotiations, including copies of proposed settlement

agreements.

Breach of settlement agreement

(1) If any term of a settlement agreement is alleged to have been breached, the matter

must be referred to the complaints committee for processing as a complaint.

(2) A member of the complaints committee or professional conduct committee who

considered a settlement agreement that is alleged to have been breached remains

eligible to serve on a committee that is considering the alleged breach.

Reinstatement

Applications for reinstatement

(1) An application for reinstatement of registration or reinstatement of a licence must

be in a form approved by the registrar and sent in writing to the registrar together

with the applicable application fee.

(2) The applicant must provide any information that the reinstatement committee

requires to assist it in determining whether the objects of the regulatory body will

be met if reinstatement is granted.

Investigation concerning reinstatement application

(1) The registrar may appoint an investigator to gather relevant and appropriate

information concerning an application for reinstatement.

(2) An investigator appointed under subsection (1) must provide a report of the

information gathered during the investigation to the registrar.

(3) The registrar must prepare a written report to the reinstatement committee and the

applicant that contains all material relevant to the application, including all of the

following:

(

a) the professional conduct committee’s decision that revoked the applicant’s

registration or licence;

(

b) the investigator’s report, if an investigator has been appointed under

subsection (1);

(

c) any relevant information gathered during the investigation;

(

d) the registrar’s position regarding the outcome of the reinstatement

application.

Notice of reinstatement hearing

(1) The reinstatement committee must set a date, time and format for a hearing to

review a reinstatement application and must advise the applicant of the date, time

and format of the hearing.

(2) For a hearing that is to be held in an in-person or hybrid format, the reinstatement

committee must advise the applicant of the physical location where the hearing is

to be held.

(3) For a hearing that is to be held virtually or in a hybrid format, the reinstatement

committee must provide the applicant with the electronic link to the meeting.

(4) The registrar must give public notice of a reinstatement hearing through its

website, or by any alternative means the registrar considers appropriate, including

notice of all of the following:

(

a) the names of the parties to the hearing;

(

b) the date, time and location of the hearing;

(

c) the format of the hearing;

(

d) any request for an order to exclude the public;

(

e) any other information the registrar determines is necessary in the public

interest.

Attendance at hearing for review of reinstatement application

(1) Except as provided in subsection (2), a hearing to review a reinstatement

application is open to the public.

(2) At the request of a party, the reinstatement committee may order that the public, in

whole or in part, be excluded from a hearing, or any part of a hearing, to review a

reinstatement application if the reinstatement committee is satisfied that any of the

following apply:

(

a) personal, medical, financial or other matters that may be disclosed at the

hearing are of such a nature that avoiding public disclosure of those matters

in the interest of the public interest, or any person affected outweighs

adhering to the principle that hearings should be open to the public;

(

b) the safety of any person may be jeopardized by permitting public

attendance.

(3) The reinstatement committee may make an order that the public be excluded from

a part of a hearing that deals with a request for an order to exclude the public in

whole or in part under subsection (2).

(4) The reinstatement committee may make any orders it considers necessary,

including orders prohibiting publication or broadcasting of those matters, to

prevent the public disclosure of matters disclosed in a hearing or any part of a

hearing dealing with an order under subsection (2) or (3).

(5) Subject to any order made under this Section, the reinstatement committee must

state at the hearing its reasons for any order made under this Section.

Reinstatement committee may determine procedure

37 The reinstatement committee may determine its own procedures provided they are

consistent with the Act, regulations and bylaws, and is not bound by the rules of

evidence.

Witnesses at reinstatement committee hearing

(1) Witnesses at a hearing must testify under oath or affirmation.

(2) An oath or affirmation may be administered by any member of a reinstatement

committee or other person in attendance authorized by law to administer oaths or

affirmations.

Parties to reinstatement committee hearing

39 The parties to a hearing before the reinstatement committee are all of the following:

(

a) the applicant for reinstatement;

(

b) the regulatory body as represented by the registrar or a person designated by

the registrar.

Decision of reinstatement committee

(1) After considering the evidence and the representations from the parties, the

reinstatement committee must decide to accept or reject a reinstatement

application.

(2) The reinstatement committee must communicate its decision under subsection (1),

together with reasons, in writing to all of the following:

(

a) the applicant;

(

b) the registrar.

(3) If the reinstatement committee accepts a reinstatement application, the committee

may impose any restrictions and conditions it considers appropriate relating to the

reinstatement of the applicant.

Reinstatement eligibility

41 To be eligible for reinstatement, an applicant must meet the criteria for registration and

licensing and reinstatement under the Act and these regulations in addition to any

restrictions and conditions imposed by the reinstatement committee.

Costs and expenses for reinstatement application and hearing

(1) An applicant is responsible for all their expenses incurred in a reinstatement

application and hearing.

(2) Whether an application for reinstatement is accepted or rejected, the reinstatement

committee may make an order to recover costs from the applicant, and the costs

must be paid by the date specified in the order.

Publication of reinstatement committee’s decision

43 The reinstatement committee’s decision must be published and disclosed in the manner

directed by the reinstatement committee, subject to any publication bans it has imposed.

Submitting new application for reinstatement

44 If an application for reinstatement is rejected, the applicant must not submit a new

reinstatement application until

(a) 1 year after the date of the reinstatement committee’s prior decision to reject

their application, and on any conditions determined by the reinstatement

committee; or

(

b) a date that is after the period in clause (a), as determined by the

reinstatement committee that rejected the prior reinstatement application,

and on any conditions determined by that Committee.

Costs

(1) The registrar may award costs against a registrant to recover expenses incurred for

a fitness-to-practise assessment.

(2) The fitness-to-practise committee may award costs against a registrant to recover

expenses incurred in the fitness-to-practise process, including the costs of a fitness-to-practise assessment, if the registrant is referred back to the registrar under

Section 129 of the Act.

Surrendering licence

46 If the resignation of a registrant is authorized under the Act or regulations, the registrant

is deemed to have surrendered their licence on the date the resignation is approved.

Practice Reviews

Establishing practice review committee

47 A regulatory body must establish a practice review committee no more than 18 months

after it is established in regulations under the Act.

Function of practice review committee

48 The function of the practice review committee is to oversee the conduct of practice

reviews in accordance with the direction of the board and the terms of reference of the

practice review committee.

Referral for practice review

(1) The practice review committee must refer registrants for a practice review in a

manner that is consistent with the direction of the board, which may include a

referral from the registrar or a statutory committee.

(2) A registrant referred for a practice review, and their employer, must do all of the

following:

(

a) participate in and cooperate with the practice review;

(

b) provide the practice review committee with any information requested;

(

c) permit a reviewer appointed by the practice review committee to do the

following if the practice review committee decides it is necessary for the

purposes of the practice review:

(

i) enter the registrant’s place of practice,

(ii) inspect client records,

(iii) make copies of client records.

Referral to registrar

(1) If, during or after a practice review, the practice review committee has reasonable

and probable grounds to believe that a matter may involve professional

misconduct, conduct unbecoming, incompetence or incapacity that cannot be

resolved through the practice review process, the practice review committee may

refer the matter to the registrar.

(2) If a matter is referred to the registrar under subsection (1), the registrar must

consider whether to file a complaint or refer the matter to the fitness-to-practise

committee or other regulatory process.

(3) If a matter is referred to the registrar under subsection (1), any documents or

material gathered, produced or created as part of the practice review process and

any decisions rendered by the practice review committee are admissible in

evidence in any regulatory process conducted under the Act, regulations or bylaws.

Quality Assurance Program

Quality assurance program for regulatory performance

(1) A regulatory body must participate in a quality assurance program for regulatory

performance and provide any information the Minister requires to assess the

regulatory body’s performance.

(2) The Minister may delegate the administration of a quality assurance program for

regulatory performance to a third party.

(3) A quality assurance program for regulatory performance must assess the

performance of each regulatory body on a recurring basis of no more than once

every 3 years, but at least once every 4 years.

(4) An assessment of the performance of a regulatory body may include a review of

some or all of the standards of good regulation for the regulatory body.

(5) When directed by the Minister, a regulatory body must submit an action plan to the

Minister, in a form and by a deadline directed by the Minister, to address any

standards of good regulation that have not been met.

(6) The results of an assessment under the quality assurance program for regulatory

performance must be posted publicly by the Minister and the regulatory body

within 30 days of the date the assessment is completed.

(7) An action plan ordered by the Minister must be posted publicly by the Minister and

the regulatory body.

Standards of good regulation

52 The Minister must make the standards of good regulation public and must review and

update the standards of good regulation in accordance with national and international

best practices, as needed.

Custodianship

Registrar may appoint custodian of client records

(1) The registrar may appoint a registrant from any existing regulator or regulatory

body to serve as a custodian to take any steps that are necessary to preserve client

records and facilitate the transfer of records if a registrant

(

a) has not adequately provided for the protection of a client’s interests in their

records; and

(

b) the registrant

(

i) dies, disappears, is imprisoned, leaves the Province or surrenders

their licence to practise,

(ii) is struck off the register or is the subject of a suspension of licence,

(iii) has had a licensing sanction imposed, or

(iv) neglects the registrant’s practice.

(2) A custodian appointed under this

Section may enter the place of practice of a

registrant and take any steps they consider necessary to protect the public.

(3) A custodian must keep all client records taken into custody and, upon a client’s

request, provide copies of the client records to any of the following people, unless

the custodian has reasonable grounds to believe it would not be in the best interest

of a client to make the information available:

(

a) the client;

(

b) a representative of the client;

(

c) another person as directed by the client.

(4) A client must pay a reasonable fee for the records provided under subsection (3).

(5) The registrar may do any of the following:

(

a) authorize the custodian to employ professional assistance to perform their

duties;

(

b) direct the custodian respecting how to deal with, hold, deliver or dispose of

client records;

(

c) provide for the remuneration, disbursements and indemnification of the

custodian;

(

d) provide for the discharge of the custodian either before or after the

completion of their responsibilities.

(

e) recover costs from a registrant whose records are under custodianship.

(6) A registrant whose client records are under custodianship may apply to the registrar

to direct the custodian to return all or part of the client records to the registrant

upon any terms consistent with the objects of a regulatory body set out in

Section 6

of the Act.

(7) A registrant whose client records are under custodianship may apply for judicial

review of a decision made by the registrar under subsection (6).

(8) This

Section applies to a registrant whether or not they have a current licence.

Custodian of client records

(1) A custodian must give notice that the custodian has possession of a registrant’s

client records to all of the following:

(

a) the registrant’s clients;

(

b) the general public;

(

c) any other person or organization the registrar considers appropriate.

(2) A notice required by subsection (1) must be given in all of the following ways:

(

a) by publishing it on the relevant regulatory body’s website;

(

b) by any additional methods the registrar directs.

(3) The custodian must report to the registrar about all of the following:

(

a) details about how the notice requirements under subsections (1) and (2)

were met;

(

b) action taken during the custodianship, when the board requires.

(4) After receiving a custodian’s report required by subsection (3), the registrar may do

any of the following:

(

a) discharge the custodian;

(

b) make any order the board considers appropriate regarding any client records

in the custodian’s possession.

(5) The custodian’s compliance with an order of the registrar discharges the custodian

in respect of those client records affected by the board’s order.

Information Disclosure and Confidentiality

Mandatory disclosure between regulatory body and employer

55 When disclosing information under subsection 89(6),

Section 131 or clause 160(1)(

b) of

the Act, all of the following apply:

(

a) personal information and personal health information may be disclosed only

if de-identified information will not accomplish the purpose for which the

information is disclosed;

(

b) any personal information or personal health information disclosed must be

limited to the minimum amount necessary to accomplish the purpose for

which the information is disclosed.

Employer reporting exposure to harm

(1) In addition to the reporting requirements set out in

Section 160 of the Act, if an

employer has reasonable grounds to believe that a registrant is exposing or is likely

to expose the public, clients, the profession or the registrant to harm or injury, the

employer must immediately report to the registrar and must specify why they

believe the registrant is exposing or is likely to expose the public to harm.

(2) In subsection (1), “employer” includes a health authority with whom

(

a) the registrant holds privileges; or

(

b) the registrant previously held privileges, but whose privileges were

terminated or relinquished for any of the following reasons:

(

i) risk of harm or injury to themselves or others,

(ii) allegations of professional misconduct,

(iii) conduct unbecoming the profession,

(iv) incompetence,

(

v) incapacity.

(3) After receiving a report under subsection (1), the registrar must immediately notify

the registrant who is the subject of the report.

Exceptions to confidentiality

(1) A participant in a regulatory process under the Act may disclose the fact that they

are a participant in the process to their employer.

(2) If the registrar or a participant in a regulatory process has a concern about the

health or safety of the public or an identifiable member of the public, including a

respondent, the registrar or the participant in a regulatory process may disclose to

those persons any information as is necessary to protect the health or safety of the

public or an identifiable member of the public.

(3) For the purposes of this Section, “participant in a regulatory process” includes all

of the following:

(

a) the complainant;

(

b) the respondent;

(

c) a witness.

Permitted disclosure to extra-provincial regulatory body

58 In addition to the information that the registrar may disclose to an extra-provincial

regulatory body under clause 137(2)(

b) of the Act, the registrar may also disclose to an

extra-provincial regulatory body any information that impacts the fitness or eligibility of

a registrant applying for registration or licensing with the extra-provincial regulatory

body.

Practice

Registrant may delegate

59 Nothing in the Act or regulations prevents a registrant from delegating or assigning tasks

constituting part of the scope of practice of the registrant’s designation, when done in

accordance with the relevant bylaws or standards of practice.

Applicant or registrant charged with criminal offence

(1) An applicant or registrant who is charged with, pleads guilty to or is convicted of

any offence under the Criminal Code (Canada) or the Controlled Drugs and

Substances Act (Canada) must immediately report the offence to the registrar.

(2) After receiving a report under subsection (1), the registrar may, by any notice the

registrar prescribes, require a registrant to attend a meeting before the complaints

committee or an applicant to attend a meeting before the registration and licensing

committee to fully disclose the facts and circumstances of the offences reported by

the applicant or registrant.

(3) Subsection (1) does not apply to an applicant or registrant for a matter for which a

pardon has been issued or a record suspension has been ordered.

Transition

Permit or licence continues until withdrawn or expires

61 A permit or licence granted to an incorporated entity by an existing regulator continues

in effect until it is withdrawn or expires.

Legislative History

Reference Tables

Regulated Health Professions General Regulations

N.S. Reg.

106/2024

Regulated Health Professions Act

Note: The

information in these tables does not form part of the regulations and is

compiled by the Office of the Registrar of Regulations for reference only.

Source Law

The current consolidation of the Regulated Health Professions General Regulations made

under the Regulated Health Professions Act includes

all of the following regulations:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

106/2024

Jun 3, 2024

date specified

Jun 14, 2024

The following regulations are not

yet in force and are not included in the current consolidation:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

*See subsection 3(6) of the Regulations Act for

rules about in force dates of regulations.

Amendments by Provision

ad. = added

am. = amended

fc. = fee change

ra. = reassigned

rep. = repealed

rs. = repealed and substituted

Provision affected

How affected

..........................................................

Note that changes to headings are not

included in the above table.

Editorial Notes and Corrections

Note

Effective

date

Repealed and Superseded

N.S.

Regulation

Title

In force

date

Repealed

date

Note: Only

regulations that are specifically repealed and replaced appear in this

table. It may not reflect the entire

history of regulations on this subject matter.