This is an official version. Copyright © 2009: Queen's Printer, Important Information
Statutes of Newfoundland and Labrador 2009 1. Short title 2. Definitions 3. Non-application of Act 4. Board 5. Appointment by minister 6. Meetings 7. Fees 8. By-laws 9. Annual report 10. Registration and licence 11. Register 12. Definitions 13. Professional corporation 14. Corporate register 15. Annual licence 16. Revocation of licence 17. Effect of incorporation 18. Liability of chiropractor 19. Misconduct of a professional chiropractic corporation 20. Definitions 21. Complaints and disciplinary panel 22. Allegation 23. Effect of filing allegation 24. Complaints authorization committee 25. Adjudication tribunal 26. Hearing 27. Copies of books, etc. as evidence 28. Guilty plea by respondent 29. Powers of adjudication tribunal 30. Filing and publication of decisions 31. De-registration and suspension 32. Failure to comply 33. Re-hearing 34. Costs of board 35. Collection of fine 36. Appeal to Trial Division 37. Action prohibited 38. Regulations 39. Prohibition 40. Limitation 41. Secondary therapies 42. Prohibition generally 43. Entitlement 44. Restriction on professional title 45. Collection of fees 46. Offence 47. Evidence 48. Transitional 49. RSNL1990 cC-14 Rep. 50. Commencement 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 Chiropractors
Act, 2009. Definitions 2. In
this Act (a) "board" means the (b) "chiropractic" means a professional
service usually performed by a chiropractor directed towards the diagnosis, examination
and treatment, principally by hand, and without use of drugs or surgery, of the
spinal column, pelvis, extremities and associated tissues; (c) "chiropractor" means a person who
practises chiropractic and who is licensed under this Act; (d) "licence" means a licence to practise
chiropractic issued under this Act; (e) "minister" means the minister
appointed under the Executive Council Act
to administer this Act; (f) "register" means the register of
chiropractors referred to in section 11; and (g) "registrar" means the registrar of
chiropractors appointed under subsection 4(10). Non-application
of Act 3. This
Act does not apply to or affect (a) a medical practitioner registered under the Medical Act, 2005; (b) a physiotherapist registered under the Physiotherapy Act, 2006; or (c) a registered nurse or a person authorized by
another Act or regulation to carry out services which would be considered as
chiropractic under this Act. Board 4. (1) The
(2) The board shall consist of (a) 6 members elected from and by chiropractors in
accordance with the by-laws; and (b) 3 members appointed under section 5 who are not chiropractors. (3) The board shall elect from among the elected
members a chairperson and a secretary-treasurer. (4) The chairperson, or an elected member
designated by him or her, shall chair the meetings of the board. (5) A member 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 serve as a member for more than 9 consecutive years. (6) An elected member may resign his or her office
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 expiry of the term of that elected
member. (8) Where the term of office of a member of the
board expires and a successor has not been elected or appointed, the member may
continue to hold office until a successor is elected or appointed but time
served by that member under this subsection shall not be counted for the purpose
of subsection (5). (9) 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. (10) The board shall appoint a person as registrar
who shall, by virtue of the office, be a non-voting member of the board. (11) The board may pay the registrar for performing
his or her duties under this Act, in accordance with the by-laws. Appointment by
minister 5. (1) The
minister shall appoint as members of the board 3 persons who are not chiropractors
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. (4) Where the term of an appointed member expires,
he or she continues to be a member until re-appointed or replaced. (5) The board shall pay the expenses of a person
appointed under this section in accordance with guidelines established by the
Lieutenant-Governor in Council. (6) A person appointed under subsection (1) may
resign his or her appointment by written notice to the minister and shall
provide a copy to the chairperson of the board. (7) 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). Meetings 6. (1) A
quorum of the board is 5 members, one of whom is an appointed member. (2) Except where prohibited in the by-laws, a
member 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 an annual general
meeting, to which all chiropractors shall be invited, to elect the members of
the board. (6) At the annual general meeting the board shall
appoint an auditor to audit the accounts of the board and report on the
financial statement prepared by the board. (7) 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. Fees 7. (1) In
prescribing the fees payable under this Act, the board shall, so far as it is
practicable, ensure that the amount of fees is sufficient to enable it to
discharge its duties under this Act. (2) All money received by the board shall be
applied by it to its duties under this Act. By-laws 8. (1) The
board may make by-laws not inconsistent with this Act respecting (a) the holding and procedure of its meetings; (b) the appointment of committees and the duties
and responsibilities of those committees; (c) the election of members of the board under
subsection 4(2) and setting the terms of
office; (d) the payment of travel and other expenses of
elected members of the board; (e) the employment and remuneration of staff and
consultants; (f) a code of ethics which shall include (i) a definition of "professional
misconduct" and "conduct unbecoming" for the purposes of
sections 20 to 37, (ii) provisions respecting conflict of interest,
and (iii) rules respecting methods of advertising; (g) the remuneration and payment of travel
expenses of members of adjudication tribunals; (h) the participation of members at a meeting of
the board by telephone or other telecommunications device under section 6; and (i) voting by members 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. Annual report 9. (1) The
board shall prepare and submit to the minister not later than 6 months after
the end of its financial year (a) a report on the activities of the board in the
previous year; and (b) the board's audited financial statements for
the previous financial year. (2) The minister shall table a copy of the annual
report and the audited financial statement in the House of Assembly within 15
days of receiving it if the house is sitting and if the house is not sitting
within 15 days after it next begins to sit. (3) Where the board fails to comply with
subsection (1), the board is guilty of an offence and is liable upon summary
conviction to a fine of $1,000. Registration and
licence 10. (1) The
board shall register as a chiropractor and issue a licence to practise
chiropractic to a person who (a) pays the prescribed fee; (b) holds a degree or diploma in chiropractic from
the Canadian Memorial Chiropractic College, a university or college within
Canada recognized by the Council on Chiropractic Education (Canada) or another
program that the board considers to be their equivalent; (c) has passed Canadian Chiropractic Examining
Board examinations; and (d) meets those other requirements which may be
prescribed by the regulations. (2) Where, immediately before applying for a
licence under this Act, a person was, under the laws of another province or
territory of Canada, licensed and in good standing to practise chiropractic in
that province or territory, the board shall register that person as a chiropractor
and issue a licence to him or her provided that he or she (a) pays the required fee; and (b) meets those other requirements that may be
prescribed by regulation. (3) As a condition of receiving a licence, a
person shall provide proof that he or she has obtained professional liability
insurance coverage in a form and amount satisfactory to the board. Register 11. (1) The registrar of the board shall keep
a register and enter the names of all persons licensed under this Act. (2) The register shall be open to inspection by a
member of the public during normal business hours at the office of the board. Definitions 12. In
sections 13 to 19 (a) "non-voting share" means an issued
share of a professional chiropractic corporation that is not a voting share;
and (b) "voting share" means an issued share
of a professional chiropractic corporation with the right to vote at a meeting
of shareholders attached to it. Professional corporation 13. (1) One
or more chiropractors may incorporate a corporation to provide chiropractic services.
(2) The corporation shall be incorporated under
the Corporations Act. (3) The name of the corporation shall meet the
requirements of subsection 17(1) of the Corporations
Act. (4) A corporation shall not provide chiropractic services
unless it is registered and licensed under this Act. Corporate
register 14. (1) The
registrar shall maintain a register of professional chiropractic corporations in
which shall be entered the names of corporations permitted under this Act to
provide chiropractic services. (2) The board shall direct the registrar to
register a professional chiropractic corporation that establishes that (a) all the voting shares of the corporation are
beneficially owned by and registered in the name of one or more chiropractors and
there is no restriction on the right of each chiropractor to exercise his or
her vote as he or she wishes to; (b) the non-voting shares are owned by a natural
person; (c) all the directors of the corporation are chiropractors,
and there is no agreement restricting the powers of the directors to manage the
business and affairs of the corporation in relation to the practice of
chiropractic; (d) all of the persons who will be practising chiropractic
as employees of or on behalf of the corporation are chiropractors; (e) the articles of the corporation restrict it to
providing chiropractic services and related matters; (f) the corporation is in good standing under the Corporations Act; and (g) the corporation has complied with other
requirements for registration in the regulations made under section 38. (3) The corporate register shall be made public in
accordance with section 11 and a copy of the
register shall be available for inspection under that section. (4) The board may enter into a reciprocal
agreement with a chiropractic board, association or other body having
responsibility for the registration and licensing of professional chiropractic corporations
in another jurisdiction for the registration of corporations from that jurisdiction
in the register of the board. (5) Notwithstanding subsection (2), the voting
shares of a professional chiropractic corporation may be held by (a) an executor or administrator of the estate of
a deceased chiropractor to discharge the duties of that position; or (b) a trustee in bankruptcy to discharge his or
her duties as trustee in respect of the corporation or a chiropractor, for no longer than 180 days, or a longer period
where the registrar permits. Annual licence 15. (1) A
professional chiropractic corporation may apply for a licence to provide chiropractic
services in the province and the board shall issue the corporate licence
provided that (a) the professional chiropractic corporation is
registered under this Act; (b) the application is accompanied by a licence
fee which may be established by the board; and (c) the professional chiropractic corporation
continues to meet the requirements for registration set out in section 14 and other requirements for being licensed which
may be set out in this Act and the regulations made under section 38. (2) A corporation licensed under this section is
entitled to recover from a person, in a court of the province having jurisdiction
to order payment from that person, reasonable charges for the provision of
professional services by the corporation. (3) A licence issued under this section expires on
January 15 following the day upon which it is issued. Revocation of
licence 16. A
licence issued under section 15 may be revoked
by the board where (a) the professional chiropractic corporation
ceases to meet a requirement for registration or licensing under this Act; (b) the professional chiropractic corporation
contravenes this Act or the regulations; or (c) a chiropractor is disciplined under sections 20 to 37 in respect
of chiropractic services performed by him or her as an employee of or on behalf
of the professional chiropractic corporation. Effect of
incorporation 17. (1) A
chiropractor who provides chiropractic services to or through a professional chiropractic
corporation is, notwithstanding his or her relationship to the professional chiropractic
corporation or the relationship between the patient and the professional chiropractic
corporation, subject to (a) the application of this Act as if he or she
were providing services as an individual chiropractor; and (b) the same duties and responsibilities in
connection with his or her dealings with patients of the professional chiropractic
corporation as if he or she were providing services directly to those patients. (2) The relationship between a professional chiropractic
corporation and a patient receiving services from or through the corporation is
subject to the laws relating to the confidential and ethical relationship
between a chiropractor and his or her patient. (3) All rights and obligations pertaining to
communications made to, or information received by, chiropractors apply to the
shareholders, directors, officers and employees of a professional chiropractic
corporation. Liability of chiropractor
18. (1) Notwithstanding
a provision to the contrary in the Corporations
Act, a chiropractor who provides chiropractic services through or on behalf
of a professional chiropractic corporation is liable to a person in relation to
the provision of those services to the same extent and in the same manner as if
the chiropractor provided those services as an individual and that liability is
not affected because of the chiropractors relationship to the professional chiropractic
corporation as a shareholder, director, officer, employee or in another capacity. (2) A chiropractor is jointly and individually
liable with a professional chiropractic corporation for all claims made against
the corporation in connection with the provision of chiropractic services by
the chiropractor. (3) In this section "chiropractor"
includes a person formerly licensed under this or another Act to provide
chiropractic services. Misconduct of a
professional chiropractic corporation 19. (1) A
chiropractor is liable to be disciplined under sections 20 to 37 for the
actions or conduct of a professional chiropractic corporation while the chiropractor
was a shareholder, director, officer or employee of the corporation. (2) A chiropractor shall not be liable to
discipline under subsection (1) where he or she proves that he or she did not
know and could not reasonably have known about the relevant actions or conduct
of the professional chiropractic corporation. (3) A power of inspection, investigation or
inquiry that may be exercised in respect of a chiropractor under section 24 may be exercised in respect of a professional chiropractic
corporation or its records in connection with an inquiry under subsection (1). (4) A professional chiropractic corporation is
jointly and individually liable with the chiropractor for all fines and costs
the chiropractor is ordered to pay in connection with an inquiry under
subsection (1). (5) In this section, "chiropractor"
includes a person formerly licensed under this or another Act to practice
chiropractic. Definitions 20. In
this section and sections 21 to 38, (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 22; (c) "conduct deserving of sanction"
includes (i) professional misconduct, (ii) professional incompetence, (iii) conduct unbecoming a chiropractor, (iv) incapacity or unfitness to practise as a
chiropractor, and (v) acting in breach of this Act, the regulations
or the code of ethics made under section 8; (d) "costs incurred by the board"
includes (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 21 from
which the members of an adjudication tribunal are chosen; and (f) "respondent" means a chiropractor or
former chiropractor against whom an allegation is made. Complaints and
disciplinary panel 21. (1) The board shall appoint at least 3 of their
members, at least one of whom is a member appointed under section 5, to constitute a complaints authorization
committee. (2) The registrar is not eligible to be a member
of the complaints authorization committee. (3) The board shall appoint the chairperson and
vice-chairperson of the complaints authorization committee from the persons
appointed under subsection (1). (4) The board shall appoint at least 5 chiropractors
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 chiropractors
to represent the public interest, who shall together constitute a disciplinary
panel. (5) Of the members first appointed to the
disciplinary panel, one half shall be appointed for a term of 2 years and the
remainder for a term of 3 years and all subsequent appointments of members to
the disciplinary panel shall be for a term of 3 years. (6) 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. (7) Persons appointed to the disciplinary panel
may be reappointed. (8) Members of the disciplinary panel shall serve
on the panel without payment for their services, but may be remunerated for
service 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. (9) The complaints authorization committee and an
adjudication tribunal appointed under section 25
and a person appointed by either of them may summon witnesses and require those
witnesses 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 have the
powers, privileges and immunities that are conferred on a commissioner
appointed under the Public Inquiries Act,
2006. Allegation 22. (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 has the same effect as an
allegation referred to in subsection (1). (3) Where the registrar has been informed that a
chiropractor 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 chiropractors
in another province or territory of Canada or another territory or country for
reason of professional misconduct, conduct unbecoming a chiropractor, 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 23. (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), he or she shall refer the allegation
and all other allegations to the complaints authorization committee. (3) The registrar shall inform a complainant and a
respondent of the referral of the allegation to the complaints authorization
committee. Complaints authorization
committee 24. (1) After
an allegation has been submitted to the complaints authorization committee, the
committee 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; (c) conduct a review of the respondent's practice
or the conduct of a corporation to which sections 12
to 19 apply of which the respondent is a voting
shareholder; and (d) require
the respondent to appear before it. (2) Where the complaints authorization committee
is of the opinion there are no reasonable grounds to believe the respondent has
engaged in conduct deserving of sanction, the committee shall dismiss the
allegation and give notice in writing of the dismissal to the complainant and
the respondent. (3) Where the complaints authorization committee
is of the opinion that there are reasonable grounds to believe that a
respondent has engaged in conduct deserving of sanction, the allegation is
considered to constitute a complaint, and the committee may (a) counsel or caution the respondent; (b) instruct the registrar to file the complaint
against the respondent and refer it to the disciplinary panel; and (c) suspend or restrict the respondents right to practice. (4) A person conducting an investigation under subsection
(1) may (a) require a respondent to (i) undergo an examination he or she considers
necessary and as arranged by the registrar, and (ii) permit the registrar or a member of the
complaints authorization committee or a person appointed by the complaints
authorization committee to inspect and copy the records of the respondent and
other documents relating to the subject matter of the investigation; and (b) require another person to permit the registrar
or a member of the complaints authorization committee or another person
appointed by the complaints authorization committee 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) Where the registrar, a member of the complaints
authorization committee or a person appointed by the authorization committee
requests 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. (6) An action for damages does not lie against a
chiropractor or another person to whom a request is made solely because he or
she provides information requested of him or her under subsection (4). (7) A complainant whose allegation is dismissed by
the complaints authorization committee 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. Adjudication
tribunal 25. (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 chiropractors and one
shall be a representative of the public interest. (2) The chairperson of the disciplinary panel
shall appoint one of the chiropractors on an adjudication tribunal to be the
chairperson. Hearing 26. (1) Where
a complaint has been referred under paragraph 24(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 a witness against the consequences of possible disclosure of personal
matters outweigh the desirability of holding the hearing in public. Copies of books,
etc. as evidence 27. 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 24(4) to conduct an inspection, who made the copy or extract under
subsection 24(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. Guilty plea by
respondent 28. (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 respondents 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 30(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 satisfactory to
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, (ix) permit periodic inspection of records relating
to his or her practice, or (x) 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 29. (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 respondents 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 30(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 to the
satisfaction of the board or other 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, (ix) permit periodic inspection of records relating
to his or her practice, or (x) 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 30. (1) An
adjudication tribunal shall file a decision or order made under subsection 28(2) or 29(2) or (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 chiropractor permit a person to view those records. (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,
unless a court otherwise orders, where the decision or order (a) suspends the respondent; (b) allows or directs the respondent to surrender
his or her licence; (c) restricts the respondents 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 (2) and (3) apply, with the necessary changes. (6) The registrar may give notice of the decision
and information respecting the decision to the other persons the board may
direct and shall, in a certificate of good standing issued in relation to the respondent,
include a summary of the decision. De-registration
and suspension 31. (1) Where
a chiropractor is allowed or directed to surrender his or her licence, his or
her rights and privileges to practice chiropractic cease. (2) Where a chiropractor is suspended, his or her
rights and privileges to practice chiropractic cease for the period of suspension.
(3) Where conditions or restrictions have been imposed
upon a respondents ability to carry on his or her practice, his or her rights
and privileges to practice chiropractic shall be limited to the extent specified
by the conditions or restrictions. Failure to comply 32. (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 subsection 28(2) or 29(3). (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. Re-hearing 33. (1) Where
a decision or order of an adjudication tribunal (a) suspends a respondent; (b) allows or directs a respondent to surrender
his or her licence; (c) restricts a respondents practice; or (d) specifies conditions for the continuing
practice of a 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 complaints
authorization committee 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 complaints
authorization committee under subsection (1), and the committee 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 24(3)(b) and sections 26 to 31 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 29, a tribunal may (a) vary the original decision or order made under
section 29; or (b) discharge the original decision or order, with
or without conditions. Costs of board 34. (1) Where
a person who was ordered to pay the costs of the board under paragraph 28(2)(e) or 29(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 by the board under paragraph 28(2)(e) or 29(3)(e)
are a debt due the board and may be recovered by a civil action. Collection of
fine 35. (1) Where
an order is made under section 28 or 29 imposing a fine or ordering costs on a respondent,
the board may issue a certificate stating the amount of the fine or costs 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 application under subsection (3), the judge
may make any 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 Appeal to Trial
Division 36. (1) The
board or a 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. Action prohibited 37. An
action for damages shall not lie against the board, disciplinary panel, an
adjudication tribunal or the individual members of those bodies, a person
appointed to conduct an investigation under subsection 24(4), the registrar, or an officer or employee of
the board for (a) an act or failure to act, or a proceeding
initiated or carried out in good faith under this Act, or carrying out their
duties or obligations as an officer, employee or member under this Act; or (b) for a decision or order made or enforced in
good faith under this Act. Regulations 38. (1) The
board may, with the approval of the minister, make regulations (a) respecting the licensing of a person to
practise as a chiropractor, including issuing different classes of licences, and
for the renewal of licences; (b) prescribing continuing competency and
education requirements related to licensing; (c) respecting the requirements of a chiropractor
to carry professional liability insurance; (d) respecting the registration and annual licensing of professional chiropractic corporations; (e) respecting the use, maintenance of and access
to x-ray facilities and the type of x-ray procedure or service which may be
requested or prescribed by a chiropractor; (f) respecting alternative dispute resolution for
the purposes of sections 20 to 37 and the procedure for that resolution; and (g) prescribing time limits for events in the
disciplinary process in sections 20 to 37, 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 24, (iv) consideration of an allegation by the
complaints authorization committee 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
subsection 24(1), (vii) the appointment of an adjudication panel under
section 25, and (viii) the conduct of a hearing and the filing of a
decision or order by an adjudication panel following completion of the hearing. (2) Notwithstanding subsection (1), the minister
may make regulations to prescribe time limits for events in the disciplinary
process under sections 20 to 37 where the board does not do so in a time period
the minister considers reasonable. Prohibition 39. (1) A chiropractor shall not prescribe a laboratory test or maintain, use or have access to hospital or other laboratory services. (2) A chiropractor may provide x-ray services to
his or her patients by prescription, to be carried out at a (a) chiropractic clinic; or (b) hospital or other health care facility. (3) X-ray services under subsection (2) shall be
carried out as prescribed by regulation. (4) An action or other proceeding shall not be
taken against (a) a hospital or other health care facility; (b) a medical practitioner registered under the Medical Act, 2005 and practising in a
hospital or other health care facility; or (c) an employee of a hospital or other health care
facility for x-ray services properly carried out at
the request of a chiropractor. (5) For the purpose of this section
"hospital" means a hospital operated by a regional health authority
under the Regional Health Authorities Act. Limitation 40. A
person registered under this Act shall not (a) use, direct or prescribe the use of an
anaesthetic; or (b) give treatments for dislocations or fractures. Secondary
therapies 41. A
person registered under this Act may employ as an aid to treatment and as
secondary adjunctive therapies, electrotherapy, thermotherapy and counselling
in relation to exercise, nutritional supplements and diet. Prohibition generally 42. (1) A
person shall not, for fee or reward, manipulate the joints of the human spinal
column, including its immediate articulations, for therapeutic purposes unless (a) the person is registered and licensed as a
chiropractor under this Act; (b) the person does so as a part of a course of
chiropractic education approved by the board; or (c) the person does so in connection with an
examination arranged by the board. (2) A person shall not permit his or her agent or
employee to do an act in contravention of subsection (1). (3) For the purposes of subsection (1), a person
manipulates the joints referred to in that subsection for fee or reward if he
or she receives a fee or a reward for that manipulation or for a service performed
or advice given in connection with that manipulation. Entitlement 43. A
person, corporation, partnership or other association of persons except a
chiropractor shall not (a) hold himself, herself or itself out as being
entitled to practise chiropractic; or (b) use a name, title or designation or act in a
manner that expressly or otherwise might lead to the belief that the person,
corporation, partnership or association of persons is registered and licensed
to do chiropractic under this Act. Restriction on
professional title 44. A
chiropractor shall not, in conjunction with his or her name, or to designate
his or her profession or calling, display or make use of the prefix or title
"Doctor" or the abbreviation "Dr.", unless at the same time
he or she displays or makes use of the words "of Chiropractic" or the
word "Chiropractor", immediately preceding or following his or her
name. Collection of
fees 45. A
chiropractor may demand, receive and sue for in a court reasonable fees for
professional services rendered and the cost of materials or appliances
supplied. Offence 46. A
person who contravenes this Act or the regulations is guilty of an offence and
is liable on summary conviction to a fine not exceeding $10,000 and to
imprisonment for a term not exceeding one year in default of payment or to both
a fine and imprisonment. Evidence 47. A
certificate from the registrar stating that a licence is valid or that the name
of a chiropractor or professional chiropractic corporation is recorded in the
register is receivable in evidence as, in the absence of evidence to the
contrary, proof of the contents of it and of the signature and character of the
person signing. Transitional 48. (1) The members of the board appointed under the Act repealed by this Act continue as members of the board for the purpose of this Act until an election is held under this Act. (2) An election for members of the board shall be held within 6 months of the day this Act comes into force. (3) The minister shall appoint the members of the board within 30 days of the election referred to in subsection (2). (4) At the election referred to in subsection (2),
4 persons shall be elected for a term of 3 years and 2 persons shall be elected
for a term of 2 years. RSNL1990 cC-14
Rep. 49. The Chiropractors
Act is repealed. Commencement 50. This Act comes into force on ©Earl G. Tucker, Queen's Printer |