8

 

 

Third Session, 47th General Assembly

63 Elizabeth II, 2014

BILL 8

AN ACT TO AMEND VARIOUS ACTS OF THE PROVINCE RESPECTING THE PUBLICATION OF A SUMMARY OF A DECISION OR ORDER OF AN ADJUDICATION TRIBUNAL

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

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

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

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

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

HONOURABLE PAUL DAVIS

Minister of Health and Community Services

Ordered to be printed by the Honourable House of Assembly

 

EXPLANATORY NOTES

This Bill would amend the following Acts to remove the court's discretion to order that a summary of a decision or order of an adjudication tribunal not be published:

         Chiropractors Act, 2009;

         Health Professions Act;

         Medical Act, 2011; and

         Social Workers Act.

This Bill would also amend the following Acts to give the court the discretion to order that prescribed information not be included in the published summary of a decision or order of an adjudication tribunal:

         Chiropractors Act, 2009;

         Dental Act, 2008;

         Denturists Act, 2005;

         Dietitians Act;

         Dispensing Opticians Act, 2005;

         Health Professions Act;

         Hearing Aid Practitioners Act;

         Licensed Practical Nurses Act, 2005;

         Massage Therapy Act, 2005;

         Medical Act, 2011;

         Occupational Therapists Act, 2005;

         Optometry Act, 2012;

         Pharmacy Act, 2012;

         Physiotherapy Act, 2006;

         Psychologists Act, 2005;

         Registered Nurses Act, 2008; and

         Social Workers Act.

A BILL

AN ACT TO AMEND VARIOUS ACTS OF THE PROVINCE RESPECTING THE PUBLICATION OF A SUMMARY OF A DECISION OR ORDER OF AN ADJUDICATION TRIBUNAL

Analysis


††††††† 1. Short title

††††††††††††† CHIROPRACTORS ACT, 2009

††††††† 2. S.30 Amdt.
Filing and publication of decisions

††††††††††††† DENTAL ACT, 2008

††††††† 3. S.36 Amdt.
Filing and publication of decisions

††††††††††††† DENTURISTS ACT, 2005

††††††† 4. S.22 Amdt.
Filing and publication of decisions

††††††††††††† DIETITIANS ACT

††††††† 5. S.30 Amdt.
Filing and publication of decisions

††††††††††††† DISPENSING OPTICIANS ACT, 2005

††††††† 6. S.22 Amdt.
Filing and publication of decisions

††††††††††††† HEALTH PROFESSIONS ACT

††††††† 7. S.44 Amdt.
Filing and publication of decisions

††††††††††††† HEARING AID PRACTITIONERS ACT

††††††† 8. S.21 Amdt.
Filing and publication of decisions

††††††††††††† LICENSED PRACTICAL NURSES ACT, 2005

††††††† 9. S.22 Amdt.
Filing and publication of decisions

††††††††††††† MASSAGE THERAPY ACT, 2005

††††† 10. S.22 Amdt.
Filing and publication of decisions

††††††††††††† MEDICAL ACT, 2011

††††† 11. S.50 Amdt.
Filing and publication of decisions

††††††††††††† OCCUPATIONAL THERAPISTS ACT, 2005

††††† 12. S.22 Amdt.
Filing and publication of decisions

††††††††††††† OPTOMETRY ACT, 2012

††††† 13. S.36 Amdt.
Filing and publication of decisions

††††††††††††† PHARMACY ACT, 2012

††††† 14. S.45 Amdt.
Filing and publication of decisions

††††††††††††† PHYSIOTHERAPY ACT, 2006

††††† 15. S.25 Amdt.
Filing and publication of decisions

††††††††††††† PSYCHOLOGISTS ACT, 2005

††††† 16. S.24 Amdt.
Filing and publication of decisions

††††††††††††† REGISTERED NURSES ACT, 2008

††††† 17. S.29 Amdt.
Filing and publication of decisions

††††††††††††† SOCIAL WORKERS ACT

††††† 18. S.33 Amdt.
Filing and publication of decisions

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 Publication of Adjudication Tribunal Decisions Amendment Act.

CHIROPRACTORS ACT, 2009

SNL2009 cC-14.01 as amended

††††††† 2. Subsections 30(3) and (4) of the Chiropractors Act, 2009 are repealed and the following substituted:

†††††††††††† (3)The registrar shall publish a summary of a decision or order of an adjudication tribunal in a newspaper of general circulation in or nearest to the community in which the respondent practises within 14 days of the expiry of the appeal period provided in section 36, where the decision or order

†††††††††††† (a)suspends the respondent;

†††††††††††† (b)allows or directs the respondent to surrender his or her licence;

†††††††††††† (c)restricts the respondentís 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)Unless a court orders otherwise, 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.

DENTAL ACT, 2008

SNL2008 cD-6.1
as amended

††††††† 3. Subsection 36(4) of the Dental Act, 2008 is repealed and the following substituted:

†††††††††††† (4)Unless a court orders otherwise, 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.

DENTURISTS ACT, 2005

SNL2005 cD-7.1
as amended

††††††† 4. Subsection 22(4) of the Denturists Act, 2005 is repealed and the following substituted:

†††††††††††† (4)Unless a court orders otherwise, 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.

DIETITIANS ACT

SNL2005 cD-23.1
as amended

††††††† 5. Subsection 30(4) of the Dietitians Act is repealed and the following substituted:

†††††††††††† (4)Unless a court orders otherwise, 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.

DISPENSING OPTICIANS ACT, 2005

SNL2005 cD-25.1
as amended

††††††† 6. Subsection 22(4) of the Dispensing Opticians Act, 2005 is repealed and the following substituted:

†††††††††††† (4)Unless a court orders otherwise, 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. ††††††††††††††††

HEALTH PROFESSIONS ACT

SNL2010 cH-1.02 as amended

††††††† 7. Subsections 44(3) and (4) of the Health Professions Act are repealed and the following substituted:

†††††††††††† (3)The registrar shall publish a summary of a decision or order of an adjudication tribunal in a newspaper of general circulation in or nearest to the community in which the respondent practises within 14 days of the expiry of the appeal period under section 50, where the decision or order

†††††††††††† (a)suspends the respondent;

†††††††††††† (b)allows or directs the respondent to surrender his or her registration;

†††††††††††† (c)restricts the respondentís 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)Unless a court orders otherwise, 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.

HEARING AID PRACTITIONERS ACT

SNL2005 cH-2.01
as amended

††††††† 8. Subsection 21(4) of the Hearing Aid Practitioners Act is repealed and the following substituted:

†††††††††††† (4)Unless a court orders otherwise, 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.

LICENSED PRACTICAL NURSES ACT, 2005

SNL2005 cL-12.1
as amended

††††††† 9. Subsection 22(4) of the Licensed Practical Nurses Act, 2005 is repealed and the following substituted:

†††††††††††† (4)Unless a court orders otherwise, 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.

MASSAGE THERAPY ACT, 2005

SNL2005 cM-1.2
as amended

††††† 10. Subsection 22(4) of the Massage Therapy Act, 2005 is repealed and the following substituted:

†††††††††††† (4)Unless a court orders otherwise, 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.

MEDICAL ACT, 2011

SNL2011 cM-4.02
as amended

††††† 11. Subsections 50(3) and (4) of the Medical Act, 2011 are repealed and the following substituted:

†††††††††††† (3)The registrar shall publish a summary of a decision or order of an adjudication tribunal in a newspaper of general circulation in or nearest to the community in which the respondent practises within 14 days of the expiry of the appeal period under section 56, where the decision or order

†††††††††††† (a)suspends the respondent;

†††††††††††† (b)allows or directs the respondent to surrender his or her licence;

†††††††††††† (c)restricts the respondentís 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)Unless a court orders otherwise, 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.

OCCUPATIONAL THERAPISTS ACT, 2005

SNL2005 cO-4.1
as amended

††††† 12. Subsection 22(4) of the Occupational Therapists Act, 2005 is repealed and the following substituted:

†††††††††††† (4)Unless a court orders otherwise, 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.

OPTOMETRY ACT, 2012

SNL2012 cO-7.02
as amended

††††† 13. Subsection 36(4) of the Optometry Act, 2012 is repealed and the following substituted:

†††††††††††† (4)Unless a court orders otherwise, 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.

PHARMACY ACT, 2012

SNL2012 cP-12.2
as amended

††††† 14. Subsection 45(4) of the Pharmacy Act, 2012 is repealed and the following substituted:

†††††††††††† (4)Unless a court orders otherwise, 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.

PHYSIOTHERAPY ACT, 2006

SNL2006 cP-13.1
as amended

††††† 15. Subsection 25(4) of the Physiotherapy Act, 2006 is repealed and the following substituted:

†††††††††††† (4)Unless a court orders otherwise, 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.

PSYCHOLOGISTS ACT, 2005

SNL2005 cP-34.1
as amended

††††† 16. Subsection 24(4) of the Psychologists Act, 2005 is repealed and the following substituted:

†††††††††††† (4) Unless a court orders otherwise, 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.

REGISTERED NURSES ACT, 2008

SNL2008 cR-9.1
as amended

††††† 17. Subsection 29(4) of the Registered Nurses Act, 2008 is repealed and the following substituted:

†††††††††††† (4)Unless a court orders otherwise, 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.

SOCIAL WORKERS ACT

SNL2010 cS-17.2
as amended

††††† 18. Subsections 33(3) and (4) of the Social Workers Act are repealed and the following substituted:

†††††††††††† (3)The registrar shall publish a summary of a decision or order of an adjudication tribunal in a newspaper of general circulation in or nearest to the community in which the respondent practises within 14 days of the expiry of the appeal period under section 39, where the decision or order

†††††††††††† (a)suspends the respondent;

†††††††††††† (b)allows or directs the respondent to surrender his or her registration;

†††††††††††† (c)restricts the respondentís 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)Unless a court orders otherwise, 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.