Bill 86 (Legislature 12, Session 1)

L12 S1 6754

Alberta — Bills

BHI No. 86 of 1953 A BILL TO AMEND THE CHIROPRACTIC ACT, 1945 NOTE This Bill amends The Chiropractic Act, 1945, being

chapter 16 of the Statutes of Alb~rta~ 1945~ . . S~tion 2 is amended. This is the definition

section and it is amended to define terms· to be used in the Act as a result of other amendments. Subsection (5) of

section 5 is struck out. A new se~tion 5a is added providing for a council of the Alberta Chiropractic Association consisting of a chairman and four members elected from the active membership of the Association. The council replaces the Board of Chiro practors. This

section pr~vides for the election of the council, their term of office and eligibility~

Section 6 is amended. This

section is amended to refer to the council of the Association, and certain duties therein set out which by subsequent amendments are to ,become the duty of the Board of ·Exa'miners, are removed from the section. Su-bsection (2) provides that regulations made by the council, after approval by the Lieutenant Governor in Council and the Association, come into effe.ct upon publica tion in The Alberta Gazette or at such later date as the by-laws of the Association may prescribe. . Sections 7 and 8 are amended to refer to the council in stead of Board of Chiropractors. A new

section 9 is substituted for the former

section 9. It provides for the Board of E,xaminers and its duties. The Board is composed of two committees. The Board may consist of seven persons. The accrediting com,mittee con sists of three lay members and one member of the Associa tion. The examining committee is composed of the whole Board, that is the other three members of the Association permitted to be on the Board.

Subsection (5) sets out the duties of the accrediting committee and subs~tion (6) sets out the duties of the examining committee~ Appeal to the Lieutenant Governor in Council is permitted from a decision of the Board exempting an applicant from examination or approving a school or institution. The Board reports the results of its examinations and exemiptions from examina tions to the Minister. A new

section 9a is added which provides for a statutory declaration to be submitted with an application.

ii A new

section 9b providing for proof of academic cre dentials required to be submitted with an application for approval for registration by the Board of Examiners is added to the Act.

Section 10 is struck out and a new

section substituted in its stead. Subsections (1) and (2) provide for the pa.pers and subjects which a candidate will be required to pass, the pass mark required and subsection (3) states that ex aminations will be held at the convenience of the Board. Subsection (4) is the former subsection (3). Subsections (4), (5) and (6) of the former

section are repealed as they are no longer applicable.

Section 11 is struck out and a new

section substituted, proViding for the registration of candidates by the registrar, and for the issuing of certificates of registration. S~tion 12, subsection (3) is amended for clarification.

Section 12a is a.mended t6 refer to council instead of Board of Chiropractors.

Section 13 is repealed. This

section permitted a chiro practor to use the term "Doctor" in certain cases.

Section 14 is amended· to remove references to provisions struck out of the Act.

Section 15 is amended. The effect of this amendment is to make it an offence only for a member of the Ass~iation knowingly to aid or assist a ·person who fraudulently or by false representations procures or attempts to procure regis tration in the Association. Sections 16, 19, 20, 21, 23, 24, 26 and 26a are amended to remove references to licensing which are not applicable.

Section 27 is struck out and a new

section substituted in its stead. It now provides a scale of fees for certificates of approval for registration.

Section 28 is amended to refer to council rather than to Board of Chiropra~tors. This Bill comes into force on the 1st day of July, 1953. J. W. RYAN, Acting Legislative Counsel . • . (This note does not form any part of the Bill but is offered 'tn explanation of its provisions.)

BILL No. 86 of 1953

An Act to amend The Chiropractic Act, 1945 ( Assented to , 1959) HER MAJ~STy, by and with the advice and consent of the LegIslatIve Assem!bly of the Province of Alberta, enacts as follows: 1. The Chiropractic Act, 1945, being

chapter 16 of the Statutes of Alberta, H145, is hereby amended . .2.

Section 2 is struck out and the following is substituted:

Section 2 "2 I the amended '" n IS Act, unless the context otherwise requires, I!1terpreta- "(a) 'Association' means the Alberta Chiropractic As- ~'~~SOCiation" sociation constituted under this Act; " (b) 'Board' means the Board of Examiners appointed "Board" under this Act; "(c) 'certificate of approval for registration' means a "certificate" certificate issued by the Board stating that the of approval holder is qualified to pra,ctise chiropractic in the :~~istration" Province; "(d) 'certificate of registration' means a certificate "certificate showing the holder to be registered as a member ~!gistration" of the Association and entitled to practise chiro- practic; " (e) 'chiropractic' means the philosophy, science and art "chir?-" of things natural, the system of analyzing, and ad- practIc justing by hand only, the articulations of the human spinal column and O'ther articulations incidental theretO', for the purpose of removing the cause of disease; "(I) 'chiropractO'r' means a person who is registered "chiro-" • praetor under thIS Act; "(g) 'council' 'means the council of manage,ment of the "council" AssoCiation; "(h) 'Minister' means that member of the Executive "Minister" Council for the time being charged by the Lieuten- ant Governor in Council with the administration of this Act; "(i) 'registrar' means the registrar of the Association.".

"registrar"

Section 5 is amended by striking out subsection (5). 4. The follO'wing new

section is added immediately after New

section

section 5: 5a "5a.

(1) A council shall be elected by and from the Council of h h I d management active membership of the Association whic s a I a -

Council members Quorum Vacancy on council

Section 6 amended 2 minister this Act under the direction of the Association and shall act in an advisory capacity to the Association. "

(2) The council shall consist of "(

a) a chairman who shall be elected annually, " (

b) four members who shall be elected for a term of two years each. "

(3) At the next annual meeting of the Association after the first day of July, 1953, and at each' subsequent annual meeting, the chairman of the council and two members of the council shall be elected. "( 4) Until the second annual meeting of the Association after the first day of July, 1953, the two members last elected as members of a Board of Chiropractors of the As sociation shall be members of the council. "

(5) Three members of the council shall constitute a quorum. "

(6) If a vacancy occurs on the council during the year, the council shall fill the vacancy by the appointment of an active member of the Association to the council, and he shall hold office only until the next annual meeting of the Associa tion. "

(7) If the offi·ce of chairman of the council becomes vacant during the year, the council shall elect a member of the council to fill that office until the next annual meet ting of the council. "

(8) No member of the executive committee of the As sociation shall be eligible for membership on the council.".

Section 6 is amended (

a) by striking out the word "Board", wherever it oc curs in subsection (1), and by substituting the word "council" ; (

b) by striking out the words "the admission of chiro practors into membership of the Association and to practice in Alberta, and", where they occur in clause (

b) of subsection (1); (

c) by striking out clause (

c) of subsection (1) and by substituting the following: "(

c) the qualifications as to education and character required of a chiropractor for admission into the Association;"; (

d) by striking out clause (

e) of subsection (1) and by substituting the following: " (

e) the annual renewal of registration of active and non-participating mem:bers and governing the fees payable thereon;" ; (

e) by striking out clause (

j) of subsection (1); (

f) by relettering clause (

k) of su:bsection (1) as clause (j) ; (

g) by striking out subsection (2) and by substituting the following:

3 "

(2) The regulations made from time to time Regulations by the council, after approval by the Lieutenant Governor in Council and the AssO'ciation, shall be published in one issue of The Alberta Gazette, and shall come intO' force upon publication or such later date as may be specified in the by-laws of the As sociation." ; (

h) by striking O'ut the word "Board", where it occurs in subsection (3) and by substituting the word "council" . 6. Sections 7 and 8 are amended by striking out the Sections 7 word. "Board", wherever it occurs, and by substituting the ~~~~ded word "council". 7. The heading "Examining Board" and

section 9 are Heading and struck out and the follO'wing are sUibstituted: :~~ig~J "Board of Examiners "9.

(1) The Lieutenant Governor in Council shall ap- Board of point a board to' be known as the Board of Exa,miners. Examiners "

(2) The Board shall consist of not more than seven Board persons, all of whom shall hold office during the pleasure of members the Lieutenant Governor in Council, and four of whom sha.ll be members of the Association. "

(3) The Lieutenant Governor in Council may appoint Chairman . and one of the members to be chairman of the Board and one secretary of the members to' be secretary of the Board. "( 4) The Board shall consist of two committees, Accrediting "(

a) an accrediting committee which shall be compo,sed :~~mining of three lay members and one member of the As- committee sociation, and " (

b) an exa'mining committee which shall be composed of the whole Board. "

(5) The accrediting committee shall Duties. ~f ed t · I d·d t f d·· t accredItIng' "(

a) evaluate cr en las of can 'l'a es or amlsSlOn 0 committee pra:ctise, " (

b) exempt f.rom examination a candidate "(

i) who is a graduate of an approved school or college of chiropractic, or " (ii) who is otherwise qualified by reason of his training and experience and who, in the opin ion of the accrediting cO'mmittee, possesses the qualifications required by this Act, and " (

c) issue certifi·cates of approval for registration to suc cessful ,candidates upon payment of the fee pre scribed by

section 27. . "

(6) The examining committee shall , ~x~:uernf~g " (

a) classify and accredit approved schools and colleges committee of chiropractic whose graduates may be considered qualified" "(

b) set the examinations or tests for and conduct the examination of all persons who have not been

4 granted exemption from examination by the !lc crediting committee under clause (

b) of subsectIOn (5), "(

c) pres:criibe the co~~e of study ~o be .followe~ by ap plicants for ad'mlssIOn to practlse ,chlroprachc as de fined in clause (

e) of

section 2. Results of "

(7) Results of examinations shall be reviewed by the examinations Board and shall not be approved except by a majority Quorum Expenses APpeal Report to Minister vote. "

(8) The maj ority of the Board shall constitute a quorum. "

(9) The Lieutenant Governor in Council may prescribe the fees and allowances for expenses to be paid to members of the Board. "

(10) The council may appeal to the Lieutenant Governor in Council from any decision of the Board exempting an applicant from examination or approving any school or institute. "

(11) The Board shall report to the Minister the re- sults of every examination held under clause (

b) of sub section (6) and shall file with the Minister a report deali~g with the qualificatons of applicants .exempted from exam ination under clause (

b) of subsection (5). New sections "9a.

(1) A candidate applying for approval for registra !.~~?ga:i~n tion shall submit to the Association a statutory declaration i~~ approval in duplicate on a form to be prescribed and furnished by the registration Board. Credentials

Section 10 amended Examina tions

(2) The Association shall send one copy of the statutaTY declaration to the Board. "Sb. A candidate for approval for registration shall pre sent to the Boar,d for inspection and evaluation his academic credentials verified by photostat copy of graduating diploma and a ~ertified copy of an official transcri'pt of credits issued . by the graduating institution.".

Section 10 is struck out and the following is sub stituted : "10.

(1) Examinations or tests held under clause (

b) of subsection (6) of

section 9 shall include the following papers and subjects: "Paper No. I-Anatomy and Histology "Paper No.2-Philosophy, Theory and Practice of Chil;opractic "Paper No. 3-Physiology, Sanita'ry Science and Hygiene "Paper No.4-Bacteriology and Chemistry "Paper No. 5-Gener.a1 Diagnosis, Symtomotology and Pathology "Paper No.6-Examination in Meric Chiropractic Technique "Paper No.7-Examination in Speeifie Chiropractic Technique,

5 except that an applicant shall not he required to be ex amined on boOth Paper No.6 and Paper No.7 but may elect to be examined on one or the other. "

(2) The pass mark shall be an average of at least sixty Pass mark per cent on each paper. "

(3) The examinations required by this A,ct shall be held at the convenience of the Board. "

(4) A registered chiropractor under this Act who has a Certificates c~rtifj,cate of competency in X-ray ~nd spinographie tech- ~~mpetency nlque from a school or college of chlropra,etie approved by the Board, or who has other such certificates of ,competency in connection with his pra'ctice, may use X-ray for making shadow-graphs or for the purpose of a general analysis wherein bone tissue is involved.".

Section 11 is struck out and the following is sub-

Section 11 stituted : amended "Membership in the Association "11.

(1) The s~retary or secretary-treasurer of the Registrar Association shall be the registrar of the Association and shall register every candidate qualifying under clause (

b) of subsection (5) of

section 9 and clause (

b) of subsection (6) .of s.eetion 9 " (

a) who produces satisfactory evidence that he is twenty-one years ,of age, that he is of good moral character and that his name is not erased from the register of any chiropractic association, and " (

b) to whom the Board of Examiners has issued a certi ficate of approval for registration, and " (

c) who pays the registration fee prescribed by a by-law of the Association. "

(2) Certificates of registration shall be issued by the Certificates registrar and shall be numbered consecutively and recorded ~~gistration in a register kept by the registrar for that purpose and, when requested to do so, the registrar shall provide the Minister with a list of all members of the Association.".

Section 12, subsection (3) is amended ~~!~Od~J2 (a) !by striking out the words "the application" and by substituting the words "an applkation" ; (

b) by striking out the word "Board" and by substitut ing the word "council".

Section 12a is amended by striking out the word sectiodn ra "Board", wherever it occurs, and by substituting the word amen e "council" .

Section 13 is repealed.

Section 13 repealed

Section 14 is amended

Section 14 amended (

a) by striking out subsection (1) and by substituting the following:

Use of Htle "Chiro practor"

Section 15 amended

Section 16 amended (b) 6 "14.

(1) No person other than a chiropractor registered under this Act shall engage in the practice of chiropractic or use the title "Chiro practor" or any word, title or designation, ab breviated or otherwise, to imply that he is engaged in the practice of chiropractic."; by striking out the words "or li~ensed" where they occur in subsections (2) and (3).

Section 15 is amended (

a) by striking out the words "or licensed"; (

b) by striking out the words "any person knowingly" and by substituting the words "a member of the Association knowingly".

Section 16 is amended (

a) by striking out the words "and unlicensed", where they occur in subsection (1); (

b) by striking out the words "O'r licensed", wherever they occur in subs~tiO'n (2). Sections 19, 16. Sections 19, 20, 21, 23, 24 and 26 are amended by 20, 21, 23, 24 and 26 striking out the WO'rds "O'r licensed", wherever they occur. amended

Section 26a amended

Section 27 amended Fees for certificate of approval for registration 1. 7. SectiO'n 26a is amended by striking out the wO'rd "Board", wherever it O'ccurs, and by substituting the word "cO'uncil" . 1.8.

Section 27 is struck out and the fO'llO'wing is sub stituted: "27. The fO'llowing fees shall be lpayable to' the Minister for a certificate O'f approval fO'r registration " (a) 'by every a'pplicant if exempt from examination $10.00 " (

b) by every applicant required to' write examinatiO'ns $50.00".

Section 28 amended 1.9. SectiO'n 28 is amended by striking O'ut the wO'rd "Board" and 'by substituting the word ":council". Coming into o,n" force MUI. This Act cO'mes intO' fO'rce O'n the first day O'f July, 1953.

No. 86 FIRST SESSION TWELFrH LEGISLATURE 2 ELIZABETH II 1953 BILL

An Act to amend The Chiropractic Act, 1945 Received and read the First time ......... .'....... . ...................... . Second time ........................ .. Third time HON. lVIR. GERHART Title: 1953 (12th, 1st) Bill 86,

An Act to amend The Chiropractic Act, 1945

Document details

Collection	Alberta — Bills
Citation	L12 S1 6754
Type	bill
Volume / chapter	L12 S1 6754
Language	en
Format	json
Source	PROVINCIAL
Identifier	f9f7f84f41412c9092f6c43ec36d5c387d341be9

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