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Newfoundland and Labrador
Regulation 2005


NEWFOUNDLAND AND LABRADOR REGULATION 96/05

NEWFOUNDLAND AND LABRADOR
REGULATION 96/05

Optometry Licensing Regulations
under the
Optometry Act, 2004

(Filed October 5, 2005)

Under the authority of section 47 of the Optometry Act, 2004, the Newfoundland and Labrador Optometric Board, with the approval of the minister, makes the following regulations.

Dated at St. John’s, September 9, 2005.

Ian Henderson
Newfoundland and Labrador Optometric Board

John Ottenheimer.
Minister of Health and Community Services

REGULATIONS

Analysis


        1.   Short title

              PART I
LICENSING

        2.   Application for licence

        3.   License to practise

        4.   Qualifying examinations

              PART II
DISCIPLINE

        5.   Filing of allegation

        6.   Investigation

        7.   Complaints authorization committee

        8.   Practice investigation

        9.   Adjudication tribunal

      10.   Hearing

      11.   Filing of decision

      12.   Complainant and respondent

              PART III
VISUAL ACUITY CHECKING

      13.   Visual acuity checks

      14.   Repeal


Short title

        1. These regulations may be cited as the Optometry Licensing Regulations.

PART I
LICENSING

Application for licence

        2. (1) An applicant for a licence to practise optometry shall

             (a)  complete an application in the form provided by the board;

             (b)  submit

                      (i)  satisfactory proof of graduation in a course in optometry from the School of Optometry, University of Waterloo or Universite de Montreal or another Canadian school of optometry approved by the board,

                     (ii)  satisfactory proof of graduation in a course in optometry from another school of optometry considered by the board, at the time of graduation and application, to be comparable to the standards of the institutions referred to in subparagraph (i), or

                    (iii)  satisfactory proof that

                            (A)  he or she is or was engaged in the practice of optometry in another jurisdiction and is in good standing with the licensing body in that jurisdiction, and

                            (B)  satisfactory proof of graduation in a course in optometry from a school of optometry considered by the board, at the time of graduation and application, to be comparable to the standards of the institutions referred to in subparagraph (i);

             (c)  submit evidence satisfactory to the board that the applicant has not been convicted of professional misconduct in a jurisdiction where an applicant is or was engaged in the practice of optometry;

             (d)  submit evidence satisfactory to the board that there are no current proceedings against the applicant for professional misconduct in a jurisdiction where the applicant is or was engaged in the practice of optometry;

             (e)  submit evidence satisfactory to the board that he or she is a Canadian citizen, holds an employment visa or has permanent resident status under the Immigration Act (Canada);

              (f)  successfully complete the examinations set or approved by the board;

             (g)  pay any fees set by the board; and

             (h)  submit evidence that he or she carries professional liability insurance satisfactory to the board.

             (2)  An applicant for renewal of a licence to practise optometry shall

             (a)  meet the requirements in subsection (1) that the board specifies;

             (b)  provide proof of active practise of optometry in the preceding year or other evidence of ability to resume active practise that the board approves; and

             (c)  participate in a program of continuing education when required to by the board.

License to practise

        3. (1) An applicant who meets the requirements of the Act and section 2 shall be entitled to receive a licence to practise optometry and to be registered in the Newfoundland and Labrador Optometric Register.

             (2)  A licence to practise optometry shall be in the form provided by the board.

Qualifying examinations

        4. An applicant for a licence to practise optometry shall be permitted to write qualifying examinations if he or she has

             (a)  filed with the registrar a completed application provided by the board;

             (b)  paid to the registrar the non-refundable application fees and examination fees set by the board at least 60 days before the commencement of the examinations; and

             (c)  provided proof satisfactory to the board of graduation in a course in optometry from a school of optometry considered by the board at the time of graduation and application to be comparable in its standards to the schools referred to in subparagraph 2(1)(b)(i).

PART II
DISCIPLINE

Filing of allegation

        5. An allegation shall be filed with the registrar under Part IV of the Act within 2 years from the date on which the event which gave rise to the allegation last occurred.

Investigation

        6. An investigation conducted under subsection 27(1) of the Act shall be completed and a report delivered to the chairperson of the complaints authorization committee within 6 months from the date the allegation was filed with the registrar.

Complaints authorization committee

        7. The complaints authorization committee shall consider an allegation and either dismiss the allegation under subsection 27(2) of the Act or take the appropriate action under subsection 27(3) of the Act within 30 days after receiving the report of the investigation conducted under subsection 27(1) of the Act.

Practice investigation

        8. The registrar shall complete an investigation of the respondent's practice under subparagraph 3(c)(ii) of the Act within 30 days after the board approves the investigation.

Adjudication tribunal

        9. The chairperson of the disciplinary panel shall appoint an adjudication tribunal under section 28 of the Act within 30 days after receipt of a referral by the registrar.

Hearing

      10. An adjudication tribunal shall commence a hearing under section 29 of the Act within 30 days after the tribunal is appointed.

Filing of decision

      11. An adjudication tribunal shall file its decision or order with the registrar in accordance with section 32 of the Act within 30 days after completion of a hearing.

Complainant and respondent

      12. (1) The registrar shall notify

             (a)  a respondent of an allegation against him or her within 7 days of receipt of the allegation in writing; and

             (b)  both the complainant and the respondent of the referral of an allegation to the complaints authorization committee within 7 days of the referral.

             (2)  The complaints authorization committee shall notify the complainant and the respondent of the dismissal of an allegation by it within 7 days of the dismissal.

             (3)  An adjudication tribunal shall provide a copy of a decision or order to the complainant and the respondent within 7 days of filing the decision with the registrar.

PART III
VISUAL ACUITY CHECKING

Visual acuity checks

      13. A person employed by a practitioner as an assistant and acting under his or her direct supervision may check the visual acuity of a person.

Repeal

      14. The Optometry Regulations, 1998, Newfoundland and Regulation 105/98, are repealed.