Second

Session, 45th General Assembly

Elizabeth II, 2005

BILL 60

AN ACT RESPECTING

DENTURISTS

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

Second Reading .................................................................................................................................

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

Third Reading .....................................................................................................................................

Royal Assent ......................................................................................................................................

HONOURABLE

JOHN OTTENHEIMER

Minister

of Health and Community Services

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would revise the law

respecting the regulation of denturists.

In particular, the Bill would

establish a clear separation between advocacy on behalf of the professional

group and the responsibility of the governing body of the professional group to

establish and enforce qualifications for licensure or registration in the

interest of the protection of the public.

The second principal focus of the

Bill is the establishment of a disciplinary regime that fully incorporates the

developed principles of administrative law respecting impartiality, fairness,

and the right to be heard.

A BILL

AN ACT RESPECTING DENTURISTS

Analysis

Short title

Definitions

Board continued

Appointed members

Meetings of the board

By-laws

Annual report

Duties of registrar

Committees

Fees

Examinations

Licence

Definitions

Disciplinary panel

Allegation

Effect of filing allegation

Complaints authorization

Adjudication tribunal

Hearing

Guilty plea by respondent

Powers of adjudication tribunal

Filing and publication of decisions

De-registration and suspension

Failure to comply

Reinstatement and readmission

Costs of the board

Collection of fine

Appeal to Trial Division

Copies of books, etc. as evidence

Evidence

Inspection

Regulations

Fees and forms

Offence

Penalty

Continuing offence

The Dental Act

Review of Act

Protection from liability

Referral

Edentulous fittings

Advertising

Membership in an association

Transition

RSNL1990 cD-7 Rep.

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

Short title

1. This

Act may be cited as the Denturists Act,

Definitions

2. In

this Act

(a) "board" means the Newfoundland and

Labrador Denturists Board;

(b) "chairperson" means the chairperson

of the board;

(c) "dentist" means a person entitled to

practise dentistry or dental surgery under the Dental Act;

(d) "denture"

means a removable, fabricated substitute, or the restoration of such a substitute,

for one or more natural human teeth which is not affixed, fastened or bonded,

directly or indirectly, to natural human teeth, the maxillae, the mandible, or

oral tissue, in a semi-permanent or permanent manner so that a person fitted

with such a substitute cannot, without the assistance of a person licensed

under the Dental Act , remove and re-insert

the substitute;

(e) "denturist" means a person licensed

under this Act to engage in the practice of denture technology;

(f) "licence" means a licence issued

under

section 12 to engage in the practice of

denture technology or an aspect of denture technology;

(g) "member" means a member of the

board;

(h) "minister" means the minister

appointed under the Executive Council Act

to administer this Act;

(i) "practice of denture technology" means

(

i) the taking of impressions or bite registrations for the purpose of

the making, producing, reproducing, constructing, furnishing, supplying,

altering or repairing of a denture, and

(ii) the fitting of a denture,

and includes

the making, producing, reproducing, constructing, furnishing, supplying,

altering and repairing of a denture in respect of which a service is performed

under subparagraph (

i) or (ii), but does not include, the diagnosis or treatment

of, and the prescribing, treating or operating for, the prevention, alleviation

or correction of disease, pain, deficiency, deformity, defect, lesion, disorder

or physical condition of, in or from a human tooth, associated structure or tissue

or the improving or supplementing of a human tooth, or the prevention,

alleviation, correction, or improvement of a condition of a human tooth,

associated structure or tissue; and

(j) "registrar" means the registrar of

the board.

Board continued

(1) The

Newfoundland Denturists Board is continued under the name Newfoundland and

Labrador Denturists Board as a corporation without share capital for the

purposes of

Part XXI of the Corporations

Act .

(2) The board shall consist of

(a) 3 persons elected from and by denturists in

accordance with the by-laws; and

(b) 2 persons appointed under

section 4 who are not denturists.

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

association of denturists in the province is ineligible to be a director of the

board.

(4) The board shall elect from among the elected

members a chairperson and a registrar for the term set by the by-laws.

(5) A member of the board 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 be a member of the board for more than 9 consecutive

years.

(6) An elected member may resign from the board by

written notice to the board.

(7) Where an elected member resigns, dies or

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

appoint a replacement to serve until the next annual general meeting.

(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 board, in accordance with the by-laws.

(9) The board may pay the registrar for performing

his or her duties under this Act, in accordance with the by-laws.

Appointed members

(1) The

minister shall appoint two members of the board who are not denturists who are

suitable to represent the public interest.

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

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

(3) Where a person appointed under subsection

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

appointment as a member of the board until the expiration of 12 months from the

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

(4) Where the term of office of a person appointed

under this

section expires, he or she continues to be a member of the board

until re-appointed or replaced.

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

appointed to the board under this

section in accordance with guidelines

established by the Lieutenant-Governor in Council.

(6) 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).

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

resign from the board by written notice to the minister.

Meetings of the

board

(1) A

quorum of the board is 3 members, one of whom is an appointed member.

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

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

meeting of the board by means of the telephone or other telecommunication

device that permits all persons participating in the meeting to communicate

with each other.

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

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

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

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

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

that meeting.

(5) The board shall hold, in accordance with the

by-laws, an annual general meeting at which

(

a) the election for members of the board shall be

held; and

(

b) an auditor shall be appointed to audit the

accounts of the board and report on the financial statements prepared by the

board.

(6) The board may in its by-laws provide for

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

electronic means.

By-laws

(1) The

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

(

a) the holding and procedure of its meetings;

(

b) the election of members of the board under

subsection 3 (2) and setting the terms of office

of members and the chairperson and registrar;

(

c) the payment of travel and other expenses of

elected members of the board;

(

d) the employment and remuneration of staff and

consultants;

(

e) a code of ethics including

(

i) a definition of "professional

misconduct" and "conduct unbecoming" for the purposes of sections

13 to 28 ,

(ii) conflict of interest,

(iii) the keeping of patient records by denturists,

and

(iv) the nature and content of advertising by

denturists and the limitation and control of advertising for the purpose of

section

42 ;

(

f) the duties and powers of committees of the

board;

(

g) the rates of remuneration for members of an

adjudication tribunal;

(

h) limiting the participation of members at a

meeting of the board by telephone or other telecommunications device under

section 5 ; and

(

i) providing for voting by denturists by mail or

electronic means.

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

meeting of the board 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 board.

(3) The board shall have its by-laws available for

inspection by the public on reasonable notice and at reasonable hours.

(4) The by-laws of the Newfoundland Denturists

Board in operation at the coming into force of this Act shall be the by-laws governing

the board until revoked or amended by the board in accordance with this

section.

Annual report

(1) The

board shall prepare and submit to the minister before

July 1,

(

a) a report on the activities of the board; and

(

b) the board's audited financial statements.

(2) Where the board fails to comply with

subsection (1), the board is guilty of an offence and on

summary conviction may

be fined $1,000.

Duties of

registrar

8. The

registrar shall

(

a) keep a register in which he or she shall

maintain a list of the names and addresses of all persons to whom licences have

been issued under this Act and other information the board may require;

(

b) make the registers of the board available for

inspection by the public on reasonable notice and at reasonable hours;

(

c) control all matters relating to the finances

of the board including receipt of all money paid to the board, or a member on

behalf of the board, and for making disbursements on behalf of the board; and

(

d) perform the duties assigned to the registrar

in respect of discipline under sections 13 to 28 .

Committees

9. The

board may appoint those committees that it considers necessary and may delegate

to the committees prescribed powers and duties.

Fees

(1) In

fixing the fees payable under this Act, the board shall, so far as it is

practicable, ensure that the amount of the fees is sufficient to enable it to

discharge its powers under this Act.

(2) All money received by the board shall be

applied by it to the exercise of its powers under this Act.

Examinations

(1) The

board shall approve and set examinations for those persons who wish to obtain a

licence under this Act.

(2) The board may appoint those examiners that it

considers necessary for the purpose of examining applicants for licences under

this Act.

Licence

(1) A

person may apply to the registrar in the form set by the board to be licensed

as a denturist where he or she

(

a) has successfully completed the examinations

set by the board; and

(

b) meets the other requirements prescribed by

regulation.

(2) The registrar shall issue a licence to a

person who applies under subsection (1) and enter his or her name on the

register and may renew a licence of a denturist where the applicant or

denturist

(

a) pays the licensing fee set by the board;

(

b) proves that he or she has obtained

professional liability insurance coverage in a form and amount satisfactory to

the board;

(

c) proves that he or she is a member of an

association of denturists as required under

section 43 ;

(

d) proves that he or she is not suspended or

restricted from working as a denturist by a board or equivalent body governing

denturists in a jurisdiction outside the province; and

(

e) pays outstanding fines, penalties or fees,

which are owed to the board.

(3) A licence issued under this

section may

(

a) authorize the person to whom it is issued to

engage fully in the practice of denture technology; or

(

b) authorize the person to whom it is issued to

engage in the practice of denture technology limited to dentures intended to be

fitted to an edentulous arch only.

Definitions

13. In

this

section and sections 14 to 28 ,

(a) "allegation" means a written

document alleging that a person has engaged in conduct deserving of sanction;

(b) "complainant" means a person making

an allegation described in

section 15 ; and

(c) "conduct deserving of sanction"

includes

(

i) professional misconduct,

(ii) professional incompetence,

(iii) conduct unbecoming a denturist, and

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

or the code of ethics made under

section 6 ;

(d) "costs incurred by the board"

include

(

i) out of pocket expenses incurred by or on

behalf of the board,

(ii) amounts paid by the board to adjudication

tribunal members as remuneration and for expenses, and

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

and the adjudication tribunal;

(e) "disciplinary panel" means the panel

of persons appointed under

section 14 from

which the members of an adjudication tribunal are chosen; and

(f) "respondent" means a denturist or a

former denturist against whom an allegation is made.

Disciplinary

panel

(1) The

board shall appoint at least 5 denturists who are not members of the board, one

of whom shall be appointed to serve as chairperson, and the minister shall appoint

at least 2 persons, who are not denturists, to represent the public interest,

who shall together constitute a disciplinary panel.

(2) Where a denturist is appointed under this

section, he or she shall serve on the disciplinary panel unless the board

determines that he or she is unable to serve for reasons beyond his or her

control.

(3) Of the denturists first appointed to the

disciplinary panel, two shall be appointed for a term of 2 years and the

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

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

(4) Of the persons appointed by the minister to

the disciplinary panel, one shall be appointed for a term of 2 years and the

other for a term of 3 years, and all subsequent appointments shall be for a

term of 3 years.

(5) 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.

(6) Persons appointed to the disciplinary panel

may be reappointed.

(7) Members of the disciplinary panel shall serve

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

services as a member of an adjudication tribunal and paid their travel and

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

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

(8) The board and an adjudication tribunal

appointed under

section 18 and a person

appointed by either of them may summon a denturist or another person and

require him or her 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 shall have the powers, privileges and immunities that are conferred on a

commissioner appointed under the Public Inquiries

Act.

Allegation

(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 may on his or her own motion

make an allegation and file it, and the allegation shall have 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 denturists in

another province or territory of Canada or another territory or country for

reason of professional misconduct, conduct unbecoming a denturist 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), the registrar shall refer the

allegation and all other allegations to the board.

(3) The registrar shall inform a complainant and a

respondent of the referral of the allegation to the board.

Complaints authorization

(1) After

an allegation has been submitted to the board, the board 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; and

(

c) require

the respondent to appear before it.

(2) Where the board is of the opinion there are no

reasonable grounds to believe the respondent has engaged in conduct deserving

of sanction, the board shall dismiss the allegation and give notice in writing

of the dismissal to the complainant.

(3) Where the board is of the opinion that there

are reasonable grounds to believe that a respondent has engaged in conduct

deserving of sanction, the allegation shall be considered as constituting a complaint,

and the board may

(

a) counsel or caution the respondent; or

(

b) instruct the registrar to file the complaint

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

(

c) at any time before a final determination by

the adjudication tribunal,

(

i) suspend or restrict the respondent's licence,

(ii) direct the registrar to conduct an investigation

of the respondent's practice.

(4) A person conducting an investigation under

paragraph (1)(a), (

b) or subparagraph (3)(c)(ii) may require

(

a) the respondent to

(

i) undergo practical and other examinations he or

she considers necessary and as arranged by the registrar or the board, and

(ii) permit the registrar or a member of the board

or another person appointed by the board to inspect and copy the records of the

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

and

(

b) another person to permit the registrar or a

member of the board or another person appointed by the board to inspect and

copy records and other documents relating to the subject matter of the investigation

held by that person,

and the respondent or other person shall

comply.

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

denturist or another person solely because he or she provides information

required of him or her under subsection (4).

(6) Where the registrar, a member of the board or

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

person provide information under subsection (4), that information shall be

provided within 7 days of receipt of the request or a different period as

specified in the request.

(7) A complainant whose allegation is dismissed by

the board 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.

(8) Subsections (4), (5) and (6) apply to the

Crown.

Adjudication tribunal

(1) For

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

chairperson of the disciplinary panel shall appoint from it an adjudication

tribunal consisting of 3 persons, of whom 2 shall be denturists and one shall

be a member of the panel appointed to represent the public interest.

(2) The chairperson of the disciplinary panel

shall appoint one of the denturists on an adjudication tribunal to be the

chairperson.

Hearing

(1) Where

a complaint has been referred under paragraph 17 (3)(b),

an adjudication tribunal shall hear the complaint.

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

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

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

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

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

or another person against the consequences of possible disclosure of personal

matters outweighs the desirability of holding the hearing in public.

Guilty plea by

respondent

(1) Where

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

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

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

submissions from the parties.

(2) Where a respondent pleads guilty, and following

submissions under subsection (1), the adjudication tribunal may

(

a) reprimand the respondent;

(

b) order that the respondent be suspended for a

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

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

(

c) allow or direct the respondent to surrender

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

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

(

d) impose a fine not to exceed $10,000 to be paid

to the board;

(

e) order that the respondent pay the costs or a

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

complaint;

(

f) order that the registrar publish a

summary of

the decision including the information set out in subsection 22 (4) and other information that the tribunal may

specify; and

(

g) order that the respondent comply with one or

more of the following:

(

i) make restitution to the complainant or other

person affected by the conduct of the respondent,

(ii) obtain medical treatment,

(iii) obtain counselling,

(iv) obtain substance abuse counselling or

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

person designated by the adjudication tribunal that a condition related to

substance abuse rendering the respondent incapable or unfit to practise has

been overcome,

(

v) engage in continuing education programs,

(vi) complete a course of studies or obtain

supervised clinical experience, or both, to the satisfaction of the board or

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, or

(xi) impose other requirements that are just and

reasonable in the circumstances.

(3) The costs incurred by the board to ensure the

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

tribunal under this

section shall be borne by the respondent.

Powers of adjudication

tribunal

(1) Upon

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

not a respondent is guilty of conduct deserving of sanction.

(2) Where an adjudication tribunal decides that a

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

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

unreasonable,

(

a) order that those costs that the tribunal

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

(

b) make another order that it considers

appropriate.

(3) Where an adjudication tribunal decides that a

respondent is guilty, it may

(

a) reprimand the respondent;

(

b) order that the respondent be suspended for a

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

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

(

c) allow or direct the respondent to surrender

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

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

(

d) impose a fine not to exceed $10,000 to be paid

to the board;

(

e) order that the respondent pay the costs or a

part of the costs incurred by the board in the investigation or hearing of the

complaint;

(

f) order that the registrar publish a

summary of

the decision including the information set out in subsection 22 (4) and other information that the tribunal may

specify; and

(

g) order that the respondent comply with one or

more of the following:

(

i) make restitution to the complainant or other

person affected by the conduct of the respondent,

(ii) obtain medical treatment,

(iii) obtain counselling,

(iv) obtain substance abuse counselling or

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

person designated by the adjudication tribunal that a condition related to

substance abuse rendering the respondent incapable or unfit to practise has

been overcome,

(

v) engage in continuing education programs,

(vi) complete a course of studies or obtain

supervised clinical experience, or both, to the satisfaction of the board or

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, or

(ix) impose other requirements that are just and

reasonable in the circumstances.

(4) The costs incurred by the board to ensure the

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

under this

section shall be borne by the respondent.

Filing and publication

of decisions

(1) An

adjudication tribunal shall file a decision or order made under subsection 20 (2) or 21 (3) with

the 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 denturist permit a person to view a

summary of a

decision where that denturist was the respondent, prepared in accordance with

subsection (4).

(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 filing of the decision or order, where the decision or

order

(

a) suspends the respondent;

(

b) allows or directs the respondent to surrender

his or her licence;

(

c) restricts the respondent's practice;

(

d) specifies conditions for the continuing

practice of the respondent; or

(

e) requires that a

summary of the decision or

order be published.

(4) The

summary of the decision published under

subsection (3) shall include

(

a) the name of the respondent and the address

where he or she practises;

(

b) the date, location and a brief description of

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

(

c) the name of the complainant, unless the

complainant has requested that his or her name be withheld;

(

d) the contents of the order in relation to the

actions referenced in paragraphs (3)(

a) to (d); and

(

e) other information specified for publication in

the decision or order.

(5) Where a decision published under this

section

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

subsequent decision or order publish a

summary of the decision or order and

subsections (3) and (4) apply, with the necessary changes.

De-registration

and suspension

(1) Where

a respondent is struck off the register, his or her rights and privileges as a

denturist cease.

(2) Where a respondent is suspended, his or her

rights and privileges as a denturist 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 denturist shall be limited to the extent specified

by the conditions or restrictions.

Failure to comply

(1) On

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

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

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

under sections 13 to 28.

(2) The parties to the application are the board

and the respondent.

(3) An order of an adjudication tribunal under

this

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

period that the adjudication tribunal may consider appropriate, or until conditions

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

tribunal.

Reinstatement and

readmission

(1) Where

a decision or order of an adjudication tribunal

(

a) suspends the respondent;

(

b) allows or directs the respondent to surrender

his or her licence;

(

c) restricts the respondent's practice; or

(

d) specifies conditions for the continuing

practice of the respondent,

and where the respondent alleges that new

evidence has become available or a material change in circumstances has

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

the board 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 board

under subsection (1), and the board is of the opinion that new evidence has

become available or that a material change in circumstances has occurred, as

alleged by a respondent, the matter shall be referred to an adjudication

tribunal as if it were a matter referred under paragraph 17 (3)(

b) and sections 19

to 23 apply, with the necessary changes, to the

referred matter.

(4) The parties to a supplementary hearing under

this

section are the respondent and the board.

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

to an order that an adjudication tribunal may make under

section 21 , a tribunal may

(

a) vary the original decision or order made under

section 21 ; or

(

b) discharge the original decision or order, with

or without conditions.

Costs of the

board

(1) Where

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

e) or 21 (3)(

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

person until the costs are paid.

(2) Costs ordered to be paid under paragraph 20 (2)(

e) or 21 (3)(

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

Collection of

fine

(1) Where

an order is made under

section 20 or 21 imposing a fine on a respondent, the board may

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

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

Registrar of the Supreme Court.

(2) Where a certificate is filed with the

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

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

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

the person named in the certificate.

(3) A person named in a certificate filed under

this

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

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

of the certificate.

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

judge may make an amendment to the certificate that is necessary to make the

certificate accord with the judge's decision.

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

made under this section.

(6) A certificate filed under this

section may

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

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

Part III of the Judgment Enforcement Act and be enforced

in accordance with that Act.

Appeal to Trial

Division

(1) The

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

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

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

Registrar of the Supreme Court.

(2) An appeal under this

section does not stay the

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

Copies of books,

etc. as evidence

29. A

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

(

a) a member of the complaints authorization

committee; or

(

b) a person authorized under subsection 17 (4) to conduct an inspection,

who made the copy or extract under

subsection 17 (4) is admissible in evidence in

an action, proceeding or prosecution, in the absence of evidence to the

contrary, as evidence of the original book, record, document or thing and its

contents.

Evidence

30. A

copy of the register, certified by the registrar, is admissible in evidence in

a court in a prosecution of an offence under this Act and, in the absence of

evidence to the contrary, is proof of the information contained in the register

without proof of the signature or the official character of the person

appearing to have signed the register.

Inspection

(1) The

board may appoint representatives as it considers advisable to inspect the

premises of a denturist.

(2) For the purpose of this section,

representatives of the board may include the board or a member of the board.

(3) The representatives of the board may enter,

without notice, the premises of a denturist at reasonable times to make

necessary inspections.

(4) The representatives of the board shall have

access to the records, documents and other information required to carry out

the inspection under subsection (3).

(5) A denturist whose premises are the subject of

an inspection under this

section shall cooperate with the representatives of

the board and supply information requested in connection with the inspection.

(6) The representatives shall report to the board

the results of their inspection together with their recommendations for the

remedying of an insanitary condition, practice or procedure that is found.

(7) After considering the recommendations of the

representatives, the board may make a written demand on the denturist concerned

which the board may impose.

(8) Failure on the part of a denturist to comply

promptly and completely with a written demand of the board shall be dealt with

as an allegation under

section 15 .

Regulations

(1) Subject

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

(

a) prescribing courses of training and

educational requirements for the licensing of persons in the practice of

denture technology in the province, including the establishment of a program of

apprenticeship training in the practice of denture technology;

(

b) respecting the establishment of a program of

continuing education and re-examination of denturists;

(

c) respecting the granting of licences to

denturists and renewals of licences;

(

d) providing for, giving notice of and holding

examinations of persons seeking to be licensed as denturists and prescribing

the content and nature of the examinations;

(

e) providing for the suspension or revocation of

licences for the non-payment of licence fees or other causes prescribed in the

regulations and for the regranting of suspended or revoked licences;

(

f) prescribing the standards of hygiene to be

maintained in the office and laboratory of a denturist;

(

g) respecting the employment of student

denturists and other employees;

(

h) respecting alternative dispute resolution for

the purposes of

section 17 and the procedure

for that resolution; and

(

i) prescribing time limits for events in the

disciplinary process under sections 13 to 28 , 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 17 ,

(iv) consideration of an allegation by the board

following completion of an investigation,

(

v) responding to a complainant and respondent at

each stage of the process,

(vi) the conduct of a practice investigation under

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

(vii) the appointment of an adjudication tribunal

under

section 18 , and

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

decision or order by an adjudication tribunal following completion of the

hearing; and

(

j) generally, to give effect to the purpose of

this Act.

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

may make regulations to prescribe time limits in the disciplinary process under

sections 13 to 28

where the board does not do so within the time period the minister considers

reasonable.

Fees and forms

33. The

board may set fees for the purpose of this Act.

Offence

(1) A

person, other than a dentist or a person licensed under this Act as a

denturist, shall not engage in or hold himself or herself out as qualified or

entitled to engage in the practice of denture technology.

(2) A person shall not provide false information

to the board for the purpose of obtaining a licence under this Act.

Penalty

35. A

person who contravenes this Act or the regulations is guilty of an offence and

is liable upon

summary conviction to a fine not exceeding $1,000, and in

default of payment to imprisonment for a term not exceeding one month or to

both a fine and imprisonment.

Continuing

offence

36. Where

an offence is committed on more than one day or is continued for more than one

day, it shall be considered to be a separate offence for each day on which the

offence is committed or continued.

The Dental Act

(1) Nothing

in this Act prohibits a dentist or another person qualified under the Dental Act from performing work or

services ordinarily performed by a denturist licensed under this Act to the

extent the dentist or other person is authorized to perform the work or

services under the Dental Act.

(2) Nothing in the Dental Act prohibits a licensed denturist from engaging in the

practice of denture technology for compensation.

Review of Act

38. Where

the minister directs, the board shall review the operation of this Act and the

regulations and make recommendations to the minister respecting this Act and

the regulations.

Protection from

liability

39. An

action for damages does not lie against the registrar, a member of the board, an

officer, employee or agent of the board, a member of a disciplinary panel,

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

appointed by the board to conduct an investigation, another agent of the board

or the board as a corporation for

an 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 authorized under this Act or for a decision or order made

or enforced in good faith under this Act.

Referral

40. A

denturist shall refer to a dentist or medical practitioner registered under the

laws of the province a person consulting the denturist who has evidence of oral

pathology that the denturist recognizes or should have recognized, based upon

his or her training and experience, as requiring medical or dental evaluation.

Edentulous

fittings

41. A

denturist shall not take impressions of or fit a prosthetic denture to an

edentulous arch unless the arch has been edentulous for a minimum period of 3

weeks.

Advertising

(1) Only

a person holding a valid and existing licence under this Act shall hold himself

or herself out or advertise himself or herself under a name or designation as a

denturist.

(2) Where a denturist advertises his or her place

of business, he or she shall advertise that place of business under the

designation of "a denture clinic".

Membership in an

association

(1) The

board shall require that a person who holds a licence under this Act be a

member of an association of denturists as a condition of holding that licence.

(2) A person who is otherwise qualified to obtain

a licence or renewal under this Act shall not be denied a licence or renewal because

that person has, without cause, been denied membership in the association or,

without cause, has had his or her membership revoked.

Transition

(1) The

members of the Newfoundland Denturists Board on the day before this Act comes

into force are continued as members of the board until an election is held

under

section 5.

(2) An election to elect the 3 members of the

board referred to in paragraph 3 (2)(

a) shall be

held within 12 months after the day this Act comes into force.

(3) The minister shall make appointments under

section 4 within 30 days of the election held

under subsection (2).

(4) Of the members of the board first elected

under

section 5,

(a) 2 shall be elected for a term of 3 years; and

(

b) one shall be elected for a term of 2 years.

RSNL1990 cD-7

Rep.

45. The Denturists

Act is repealed.

Earl G. Tucker, Queen's Printer