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Statutes of Newfoundland and Labrador 2010


CHAPTER H-1.02

AN ACT RESPECTING THE REGULATION OF CERTAIN HEALTH PROFESSIONS

(Assented to June 24, 2010)

Analysis


††††††† 1. Short title

††††††† 2. Definitions

††††††† 3. Designation of health professions subject to this Act

††††††† 4. Principles

††††††† 5. Compliance required

††††††† 6. Non-application of Act

††††††††††††† PART I
COUNCIL

††††††† 7. Council

††††††† 8. Composition of council

††††††† 9. Appointment by minister

††††† 10. Meetings

††††† 11. Oath or affirmation

††††† 12. Administration

††††† 13. Register

††††† 14. Website

††††† 15. Fees

††††† 16. Annual report

††††† 17. By-laws

††††††††††††† PART II
REGISTRATION

††††† 18. Prohibition

††††† 19. Registration

††††† 20. Appeal

††††††††††††† PART III
QUALITY ASSURANCE

††††† 21. Quality assurance program

††††† 22. Quality assurance committee

††††† 23. Assessment

††††† 24. Report and compliance

††††† 25. Costs

††††† 26. Termination of review

††††† 27. Duty to report

††††††††††††† PART IV
COLLEGES

††††† 28. Colleges to be established

††††† 29. Duties and powers of colleges

††††† 30. College website

††††† 31. By-laws

††††† 32. Title reservation

††††††††††††† PART V
DISCIPLINE

††††† 33. Application

††††† 34. Definitions

††††† 35. Complaints and disciplinary panel

††††† 36. Allegation

††††† 37. Effect of filing allegation

††††† 38. Complaints authorization committee

††††† 39. Adjudication tribunal

††††† 40. Hearing

††††† 41. Copies of books, etc. as evidence

††††† 42. Guilty plea by respondent

††††† 43. Powers of adjudication tribunal

††††† 44. Filing and publication of decisions

††††† 45. De-registration and suspension

††††† 46. Failure to comply

††††† 47. Re-hearing

††††† 48. Costs of council

††††† 49. Collection of fine

††††† 50. Appeal to Trial Division

††††††††††††† PART VI
REGULATIONS

††††† 51. Regulations by Lieutenant-Governor in Council

††††† 52. Regulations by minister

††††† 53. Regulations by council generally

††††† 54. Regulations by council respecting discipline

††††† 55. Regulations may be general or specific

††††††††††††† PART VII
GENERAL

††††† 56. Protection from liability

††††† 57. Offence

††††† 58. Authority for minister to intervene

††††† 59. Powers of minister

††††† 60. Commencement

Schedule


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 Health Professions Act.

Definitions

††††††† 2. In this Act

†††††††††††† (a)"college" means the college of a health profession or group of health professions established under this Act;

†††††††††††† (b)"council" means the council established under section 7;

†††††††††††† (c)"health profession" means a health profession designated in the Schedule as governed by this Act;

†††††††††††† (d)"minister" means the minister appointed under the Executive Council Act to administer this Act;

†††††††††††† (e)"register" means the register of health professions referred to in section 13;

††††††††††††† (f)"registrar" means the registrar of health professionals appointed under section 12; and

†††††††††††† (g)"reserved act" means a reserved act as prescribed in the regulations.

Designation of health professions subject to this Act

††††††† 3. (1) The health professions to which this Act applies are designated in the Schedule.

†††††††††††† (2)The Lieutenant-Governor in Council may, by order and upon recommendation of the minister, add a health profession to the Schedule to this Act designating it as a profession to which this Act applies.

†††††††††††† (3)Where a group of persons representing a health profession wishes that health profession to be regulated under this Act, the group may apply to the minister to designate that health profession in the Schedule.

†††††††††††† (4)An application for designation shall contain the information required by the minister.

†††††††††††† (5)Notwithstanding subsection (3), the Lieutenant-Governor in Council may, on the recommendation of the minister, add a health profession to the Schedule where the health profession has not applied to be designated, and that designation is not limited by the lack of an application.

Principles

††††††† 4. A decision to include a health profession in the application of this Act shall be based on a consideration of the extent to which the practice of the health profession may involve a risk of physical, mental or emotional harm to the health, safety or well-being of the public, and shall be based on the criteria prescribed by the Lieutenant-Governor in the regulations.

Compliance required

††††††† 5. (1) A member of a health profession to which this Act applies shall not practice that profession unless the person is registered under this Act.

†††††††††††† (2)Except where authorized to do so in the regulations, a health professional shall not perform, engage in or otherwise participate in a reserved act.

Non-application of Act

††††††† 6. This Act does not apply to or affect a member of a health profession who is registered or licensed under another Act of the province.

PART I
COUNCIL

Council

††††††† 7. (1) The Newfoundland and Labrador Council of Health Professionals is established as a corporation without share capital for the purposes of Part XXI of the Corporations Act.

†††††††††††† (2)The council shall act in the public interest and the objects of the council are to

†††††††††††† (a)support the quality and safety of health services;

†††††††††††† (b)enhance public protection;

†††††††††††† (c)improve patient safety and strengthen the regulatory system; and

†††††††††††† (d)facilitate patient-centred inter-professional collaboration and care.

†††††††††††† (3)The duties of the council are to

†††††††††††† (a)regulate the practice of each health profession designated in the Schedule and to govern members in accordance with this Act, the regulations and by-laws;

†††††††††††† (b)monitor compliance with and enforce standards of academic or technical achievement and qualification for registration as a member of a health profession;

†††††††††††† (c)monitor compliance with and enforce standards respecting a continuing education program for health professions;

†††††††††††† (d)develop, establish and maintain programs that provide information about health professions and that assist persons in exercising their rights under this Act and the regulations and by-laws;

†††††††††††† (e)promote the council's relations with the colleges, members of the health professions and the public;

††††††††††††† (f)promote inter-professional collaboration among the colleges; and

†††††††††††† (g)administer the council's affairs and perform its duties and carry out its powers in accordance with this Act, the regulations and the by-laws.

Composition of council

††††††† 8. (1) The council shall consist of

†††††††††††† (a)the chair of each college established under this Act and one other member elected from and by each college in accordance with the council's by-laws; and

†††††††††††† (b)one member appointed under section 9 representing each college established under this Act who shall not be a member of a college.

†††††††††††† (2)Notwithstanding paragraph (1)(a), the members of the first council established under this Act shall be appointed by the minister, and this section applies to those members as if they were elected under that paragraph.

†††††††††††† (3)The council shall elect from among the elected members a chairperson and a secretary-treasurer.

†††††††††††† (4)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.

†††††††††††† (5)A member may resign his or her office by written notice to the council.

†††††††††††† (6)Where an elected member resigns, dies or becomes incapable of performing his or her duties, the remaining members shall appoint a replacement member of the same health profession to serve until the expiry of the term of that elected member.

†††††††††††† (7)Where the term of office of a member of the council 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 (4).

†††††††††††† (8)Elected members shall serve without payment for their services, but their travel and other expenses associated with their duties as members may be paid by the council, in accordance with the by-laws.

†††††††††††† (9)The council may form committees for the purpose of fulfilling the duties and obligations of this Act.

†††††††††† (10)A committee of the council shall be chaired by a member of the council, but the membership of committees is not limited to council members.

†††††††††† (11)A decision of a committee of the council shall be considered to be a decision of the council.

Appointment by minister

††††††† 9. (1) The minister shall appoint as members of the council persons who are not members of a college 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 council 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 council 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 council.

†††††††††††† (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).

†††††††††††† (8)A person appointed under this section may be a member of a health profession which is not designated in the Schedule.

Meetings

††††† 10. (1) A quorum of the council is 50% plus one member, and of that number, at least 2 members shall be members appointed under section 9.

†††††††††††† (2)Except where prohibited in the by-laws, a member may, where all the members consent, participate in a meeting of the council 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 council in attendance at a meeting may appoint another member to chair that meeting.

†††††††††††† (5)The council shall hold an annual general meeting, to which all members of the council and all members of every college shall be invited.

†††††††††††† (6)At the annual general meeting, the council shall

†††††††††††† (a)appoint an auditor to audit the accounts of the council; and

†††††††††††† (b)report on work of the council in the past year.

†††††††††††† (7)The council may in its by-laws provide for voting at a meeting of the council or in an election of members by mail or electronic means.

Oath or affirmation

††††† 11. Each member of the council shall, before acting as a member, take and sign before a person authorized to administer oaths or affirmations, an oath or affirmation in the following form:

"I solemnly swear (affirm) that I will faithfully, truly and impartially to the best of my knowledge, skill and ability and in best interest of the public, execute and perform the office of member of the council, and that I will not, except in the discharge of my duties as member, disclose to a person evidence or other matters brought before the council." (Where an oath is taken, add "So help me God".)

Administration

††††† 12. (1) The council shall appoint a person as registrar who shall, by virtue of the office, be a non-voting member of the council.

†††††††††††† (2)The council may pay the registrar for performing his or her duties under this Act.

†††††††††††† (3)The registrar shall

†††††††††††† (a)keep and maintain the records that the council may direct;

†††††††††††† (b)maintain a website for the council;

†††††††††††† (c)act as a member of the council;

†††††††††††† (d)perform the duties of the registrar in respect of discipline under Part V; and

†††††††††††† (e)perform other functions and duties that the council assigns to him or her.

†††††††††††† (4)The council may appoint a deputy registrar and those officers, managers, other staff and employees that it considers necessary and may fix their remuneration and terms of service.

Register

††††† 13. (1) The registrar shall maintain a register of health professionals in which he or she shall enter

†††††††††††† (a)the names of all health professionals registered under this Act; and

†††††††††††† (b)the other information that the council may require.

†††††††††††† (2)The registrar shall make the register of the council available for inspection by the public on reasonable notice and at reasonable hours.

Website

††††† 14. (1) The registrar shall maintain a website which shall be available to the public and shall include

†††††††††††† (a)the council's annual report;

†††††††††††† (b)the register maintained under section 13;

†††††††††††† (c)copies of the regulations and by-laws made by the council;

†††††††††††† (d)links to the websites of the colleges established under this Act; and

†††††††††††† (e)the other information required by regulation.

†††††††††††† (2)A person may request and the council shall provide the information on its website to the person in paper form, and may charge a reasonable fee for so doing.

Fees

††††† 15. (1) The council may set fees payable under this Act, and in so doing the council 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 council shall be applied by it to its duties under this Act.

Annual report

††††† 16. (1) The council shall prepare and submit to the minister not later than 6 months after the end of the financial year a report on the activities of the council in the previous year which shall contain

†††††††††††† (a)the council's audited financial statements for the previous financial year;

†††††††††††† (b)statistics respecting the frequency and circumstances of access to patient records without patient consent under Part III; and

†††††††††††† (c)the annual reports of each college established under this Act as required under section 29.

†††††††††††† (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 council fails to comply with subsection (1), the council is guilty of an offence and is liable upon summary conviction to a fine of $1,000.

By-laws

††††† 17. (1) The council 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 council under subsection 8(1) and setting the terms of office;

†††††††††††† (d)the payment of travel and other expenses of elected members of the council;

†††††††††††† (e)the employment and remuneration of staff and consultants;

††††††††††††† (f)upon the recommendation of a college,

††††††††††††††††††††† (i)definitions of "conduct deserving of sanction" for the purpose of Part V,

†††††††††††††††††††† (ii)provisions respecting conflict of interest, and

††††††††††††††††††† (iii)rules respecting methods of advertising

and those definitions, provisions and rules may vary according to the health profession to which they apply;

†††††††††††† (g)the remuneration and payment of travel expenses of members of adjudication tribunals;

†††††††††††† (h)the participation of members at a meeting of the council by telephone or other telecommunications device under subsection 10(2); 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 council 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 council.

†††††††††††† (3)A council shall provide the minister with a copy of a by-law to be made, amended or repealed at least 60 days before it is intended to made, amended or repealed.

PART II
REGISTRATION

Prohibition

††††† 18. A person may not practice a health profession which is designated in the Schedule unless that person is registered under this Act.

Registration

††††† 19. (1) The council shall establish a registration committee which shall evaluate applications for registration by a health professional, and where the requirements for registration have been met, register the health professional under this Act.

†††††††††††† (2)After consulting with the college of the affected health profession, the council shall, with the approval of the minister, prescribe registration requirements for that health profession in the regulations.

†††††††††††† (3)A person who wishes to be registered as a health professional under this Act shall apply to the registration committee for registration and a person shall be registered under this Act where that person

†††††††††††† (a)meets the requirements for registration;

†††††††††††† (b)maintains professional liability insurance of a type and in an amount acceptable to the council; and

†††††††††††† (c)pays the required fee.

Appeal

††††† 20. (1) A person affected by a decision of the registration committee respecting registration may appeal to the council who may confirm the decision or direct the registration committee to vary or reverse it.

†††††††††††† (2)Before making a decision on a matter of registration, the registration committee may refer the matter to the council which shall direct the committee as to the decision to be made.

†††††††††††† (3)A person affected by a decision of the council under this section may, within 30 days of receipt of the decision, appeal it to the Trial Division by filing a notice of appeal with the Registrar of the Supreme Court.

PART III
QUALITY ASSURANCE

Quality assurance program

††††† 21. (1) The council shall establish and maintain a quality assurance program to promote high standards of practice within each health profession to which this Act applies.

†††††††††††† (2)The quality assurance program shall include continuing education and professional development and shall be designed to promote

†††††††††††† (a)continuing competence; and

†††††††††††† (b)continuing quality improvement.

Quality assurance committee

††††† 22. (1) The council may appoint a committee known as the quality assurance committee.

†††††††††††† (2)The quality assurance committee shall investigate a concern

†††††††††††† (a)on the referral of a quality assurance issue by

††††††††††††††††††††† (i)the registrar, or

†††††††††††††††††††† (ii)the complaints authorization committee; or

†††††††††††† (b)on its own accord.

†††††††††††† (3)The quality assurance committee may

†††††††††††† (a)subpoena records, including patient records;

†††††††††††† (b)order a health professional to undergo an evaluation, assessment or examination;

†††††††††††† (c)order a review of a health professional's practice, including any consequential review of patient records;

†††††††††††† (d)order periodic or random audits of aspects of a health professional's practice; and

†††††††††††† (e)accept an agreement between the council and the health professional to give effect to matters which could be ordered by the quality assurance committee.

†††††††††††† (4)Where a health professional fails to comply with an order made by the quality assurance committee, that committee shall refer that failure to comply as an allegation to the complaints authorization committee.

Assessment

††††† 23. (1) The quality assurance committee may appoint persons registered or licensed as health professionals under this or another Act of the province as assessors for the purpose of the quality assurance program.

†††††††††††† (2)An assessor may, for the purposes of the quality assurance program, and with the co-operation of the health professional,

†††††††††††† (a)enter and inspect the premises where that health professional engages in the health profession;

†††††††††††† (b)inspect that health professional's records of care administered to patients;

†††††††††††† (c)require from that health professional information required by the committee or the assessor respecting the assessment and care of patients by that health professional, or his or her records of care administered to patients; and

†††††††††††† (d)require that that health professional confer with the quality assurance committee.

†††††††††††† (3)A health professional whose standards of practice are the subject of an assessment under the quality assurance program shall cooperate fully with the committee and assessors.

†††††††††††† (4)An assessor may access patient records without the consent of that patient.

†††††††††††† (5)All records and specific information relating to the quality assurance program or a review or recommendation under it is confidential.

Report and compliance

††††† 24. (1) Upon completion of an assessment an assessor shall submit a report of his or her findings to the committee and the committee shall review the report and may

†††††††††††† (a)make no recommendation to the health professional who has been assessed; or

†††††††††††† (b)confer with the health professional assessed and make those remedial recommendations to him or her that the committee considers appropriate.

†††††††††††† (2)The committee may

†††††††††††† (a)direct the health professional who has been assessed to comply with recommendations made by the committee under subsection (1); and

†††††††††††† (b)direct that a health professional be reassessed.

Costs

††††† 25. The costs incurred by a health professional in implementing remedial recommendations of the committee shall be paid by that health professional and shall not be a cost of the committee, the council or a college.

Termination of review

††††† 26. (1) Where an assessor or a member of the committee learns, in the course of a review, that a health professional may be guilty of conduct deserving of sanction within the meaning of section 34, the assessment shall be terminated, the health professional shall be advised, and the matter shall be referred to the complaints authorization committee to be dealt with as a complaint.

†††††††††††† (2)An assessor or a member of a quality assurance committee shall not provide information to the council except the information necessary to identify the nature of the complaint.

†††††††††††† (3)This section shall not prevent another person from providing evidence to establish conduct deserving of sanction on the part of a member.

Duty to report

††††† 27. (1) A health professional who has knowledge, from direct observation or objective evidence, of conduct deserving of sanction of another health professional of the same profession shall report the known facts to the registrar.

†††††††††††† (2)A person who dissolves a partnership with a health professional based on direct knowledge of the health professional's conduct deserving of sanction shall report the known facts to the registrar.

†††††††††††† (3)An action shall not be brought against a health professional, person, officer, partnership or association for the sole reason that the person, officer, partnership or association complied with this section.

PART IV
COLLEGES

Colleges to be established

††††† 28. (1) A separate college is established for each health profession designated under this Act.

†††††††††††† (2)Notwithstanding subsection (1), where it is necessary for the purpose of administration, and with the approval of the council, one or more colleges established under this Act may combine to form a single college.

†††††††††††† (3)A college shall be a corporation without share capital for the purposes of Part XXI of the Corporations Act.

†††††††††††† (4)A person who is registered by the council shall be a member of a college.

†††††††††††† (5)Notwithstanding subsection (4), a college may appoint a person as an honorary member of a college, but an honorary membership does not entitle the individual to practise the health profession or have his or her name entered on the register.

†††††††††††† (6)Each college shall elect from among its members a chairperson and vice-chairperson of the college.

†††††††††††† (7)Notwithstanding subsection (6), for the purpose of the first college established by a health profession designated under this Act

†††††††††††† (a)the executive of the association shall name the chairperson and vice-chairperson of the college; or

†††††††††††† (b)where no executive of the profession exists at the time of establishing a first college, the minister may name the chairperson and vice-chairperson of the college.

Duties and powers of colleges

††††† 29. (1) A college shall in all matters act in the best interests of the public.

†††††††††††† (2)A college shall prepare and submit to the council an annual report respecting its operations not later than January 31 in a year.

†††††††††††† (3)A college shall

†††††††††††† (a) approve a program of study and education for the purpose of establishing education requirements;

†††††††††††† (b)develop entry to practice requirements for the health profession, including annual renewal or recertification requirements and continuing competency requirements;

†††††††††††† (c)establish a scope of practice for the health profession it represents;

†††††††††††† (d)establish standards of practice for the health profession it represents; and

†††††††††††† (e)develop a code of ethics for the health profession it represents.

†††††††††††† (4)A college may

†††††††††††† (a)establish committees for the purpose of fulfilling duties under this Act and the membership of those committees is not limited to college members; and

†††††††††††† (b)set fees for the purpose of administration and a college shall, in so far as it is practicable, ensure that the amount of fees is sufficient to enable it to discharge its duties under this Act.

†††††††††††† (5)All money received by a college shall be applied by it to its duties under this Act.

College website

††††† 30. (1) A college shall establish and maintain an up to date website available to the public and the website shall include

†††††††††††† (a)the college's annual report;

†††††††††††† (b)copies of the regulations, by-laws, standards of practice and code of ethics;

†††††††††††† (c)codes of practice;

†††††††††††† (d)a link to the council website; and

†††††††††††† (e)the other information required by regulation.

†††††††††††† (2)Upon the request of a person, the college shall provide the information on its website to the person in paper form and may charge a reasonable fee for so doing.

By-laws

††††† 31. (1) A college may make by-laws

†††††††††††† (a)respecting matters relating to the administration of the college;

†††††††††††† (b)respecting the scope of practice for the health profession it represents;

†††††††††††† (c)respecting standards of practice for the health profession it represents;

†††††††††††† (d)establishing a code of ethics for the health profession it represents; and

†††††††††††† (e)approving schools and programs respecting the health profession it represents.

†††††††††††† (2)Standards of practice may be incorporations by reference, in whole or in part, of a code, standard, or guideline regulating the standards of practice of the health profession, and the by-law may incorporate it as amended from time to time and with changes that may be necessary.

Title reservation

††††† 32. A person shall not use a name, title, description or abbreviation in a manner that expresses or implies that he or she is a member of a college, unless the person is a registered or honorary member of that college.

PART V
DISCIPLINE

Application

††††† 33. This part applies to all health professions designated under this Act.

Definitions

††††† 34. In this section and sections 35 to 56

†††††††††††† (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 36;

†††††††††††† (c)"conduct deserving of sanction" includes

††††††††††††††††††††† (i)professional misconduct,

†††††††††††††††††††† (ii)unprofessional conduct,

††††††††††††††††††† (iii)professional incompetence,

††††††††††††††††††† (iv)conduct unbecoming a health professional,

†††††††††††††††††††† (v)incapacity or unfitness to practise as a health professional, and

††††††††††††††††††† (vi)acting in breach of this Act, the regulations or the by-laws;

†††††††††††† (d)"costs incurred by the council" includes

††††††††††††††††††††† (i)out of pocket expenses incurred by or on behalf of the council,

†††††††††††††††††††† (ii)amounts paid by the council to adjudication tribunal members as remuneration and for expenses, and

††††††††††††††††††† (iii)the actual cost of legal counsel for the council and the adjudication tribunal;

†††††††††††† (e)"disciplinary panel" means the panel of persons appointed under section 35 from which the members of an adjudication tribunal are chosen; and

††††††††††††† (f)"respondent" means a health professional or former health professional against whom an allegation is made.

Complaints and disciplinary panel

††††† 35. (1) The council shall appoint at least 3 of its members, at least one of whom is a member appointed under section 9, to constitute a complaints authorization committee.

†††††††††††† (2)The registrar is not eligible to be a member of the complaints authorization committee.

†††††††††††† (3)The council shall appoint the chairperson and vice-chairperson of the complaints authorization committee from the persons appointed under subsection (1).

†††††††††††† (4)The following persons shall constitute the disciplinary panel:

†††††††††††† (a)at least 4 health professionals from each health profession designated in the Schedule who are not members of the council, all of whom shall be appointed by the council;

†††††††††††† (b)one person appointed by the council under paragraph (a) who shall be appointed to serve as chairperson; and

†††††††††††† (c)at least 3 persons who are not health professionals registered under this Act to represent the public interest, as appointed by the minister.

†††††††††††† (5)Of the members first appointed to the disciplinary panel, at least 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 council, in accordance with and at the rates set by the by-laws.

†††††††††††† (9)The complaints authorization committee and an adjudication tribunal appointed under section 39 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

††††† 36. (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, council or college may on his, her or its 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 respondent has been convicted of an offence under the provisions of the Criminal Code or a similar penal statute of another country or has been suspended by a governing body of that health professional in another province or territory of Canada or another territory or country for reason of professional misconduct, unprofessional conduct, conduct unbecoming a health professional, 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

††††† 37. (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 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

††††† 38. (1) Where 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 practice review into the respondent's practice;

†††††††††††† (d)require the respondent to appear before it; and

†††††††††††† (e)refer the allegation to the quality assurance committee.

†††††††††††† (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 respondent's registration.

†††††††††††† (4)Where the committee restricts or suspends the respondent's registration under subsection (3), the committee shall give notice of the restriction or suspension to the public in a newspaper of general circulation in or nearest to the community in which the respondent practises within 14 days of the restriction or suspension having been made.

†††††††††††† (5)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.

†††††††††††† (6)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 (5), that information shall be provided within 7 days of receipt of the request or a different period as specified in the request.

†††††††††††† (7)An action for damages does not lie against a health professional or another person to whom a request is made solely because he or she provides information requested of him or her under subsection (5).

†††††††††††† (8)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.

†††††††††††† (9)Subsections (5), (6) and (7) apply to the Crown.

Adjudication tribunal

††††† 39. (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 health professionals from the same college as the respondent and one shall be a person appointed by the minister under paragraph 35(4)(c).

†††††††††††† (2)The chairperson of the disciplinary panel shall appoint one of the health professionals from the same college as the respondent on an adjudication tribunal to be the chairperson.

Hearing

††††† 40. (1) Where a complaint has been referred under paragraph 38(3)(b), an adjudication tribunal shall hear the complaint.

†††††††††††† (2)The parties to a hearing are the council 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

††††† 41. 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 38(5) to conduct an investigation,

who made the copy or extract under subsection 38(5) 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

††††† 42. (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 certificate to the council upon those conditions that may be considered appropriate and strike the respondentís name from the register;

†††††††††††† (d)impose a fine not to exceed $100,000 to be paid to the council;

†††††††††††† (e)order that the respondent pay the costs or a part of the costs incurred by the council 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 44(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 council 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 council 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 council 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

††††† 43. (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 council 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 certificate to the council upon those conditions that may be considered appropriate and strike the respondentís name from the register;

†††††††††††† (d)impose a fine not to exceed $100,000 to be paid to the council;

†††††††††††† (e)order that the respondent pay the costs or a part of the costs incurred by the council 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 44(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 council 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 council 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 council 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

††††† 44. (1) An adjudication tribunal shall file a decision or order made under subsection 42(2) or 43(2) or (3) and its reasons 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 health professional 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 under section 50, unless a court orders otherwise, 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)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 confirmed, 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 council may direct and shall include a summary of the decision in a certificate of good standing issued in relation to the respondent.

De-registration and suspension

††††† 45. (1) Where a health professional is allowed or directed to surrender his or her certificate, his or her rights and privileges as a health professional cease.

†††††††††††† (2)Where a health professional is suspended, his or her rights and privileges as a health professional cease for the period of suspension.

†††††††††††† (3)Where conditions or restrictions have been imposed upon a respondentís ability to carry on his or her practice, his or her rights and privileges as a health professional shall be limited to the extent specified by the conditions or restrictions.

Failure to comply

††††† 46. (1) On application by the council 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 42(2) or 43(3).

†††††††††††† (2)The parties to the application are the council 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, until conditions which it may impose are fulfilled, or until further order of the adjudication tribunal.

Re-hearing

††††† 47. (1) Where a decision or order of the adjudication tribunal

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

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

†††††††††††† (c)restricts the respondentís practice; or

†††††††††††† (d)specifies conditions for the continuing practice of the respondent,

and where the respondent alleges that new evidence has become available or a material change in circumstances has occurred since the making of the decision or order, the respondent may apply to the 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 38(3)(b) and sections 40 to 45 apply, with the necessary changes, to the referred matter.

†††††††††††† (4)The parties to a supplementary hearing under this section are the respondent and the council.

†††††††††††† (5)For the purpose of this section, in addition to an order that an adjudication tribunal may make under section 43, a tribunal may

†††††††††††† (a)vary the original decision or order made under section 43; or

†††††††††††† (b)discharge the original decision or order, with or without conditions.

Costs of council

††††† 48. (1) Where a person who was ordered to pay the costs of the council under paragraph 42(2)(e) or 43(3)(e) fails to pay in the time required, the council may suspend the registration of that person until the costs are paid.

†††††††††††† (2)Costs ordered to be paid to the council under paragraph 42 (2)( e) or 43(3)(e) are a debt due the council and may be recovered by a civil action.

Collection of fine

††††† 49. (1) Where an order is made under section 42 or 43 imposing a fine on a respondent, the council may issue a certificate stating the amount of the fine due and remaining unpaid and the name of the person by whom it is payable, and file the certificate with the Registrar of the Supreme Court.

†††††††††††† (2)Where a certificate is filed with the Registrar of the Supreme Court under subsection (1), it has the same effect and all proceedings may be taken on the certificate as if it were a judgment of the Trial Division for the recovery of the amount stated in the certificate against the person named in the certificate.

†††††††††††† (3)A person named in a certificate filed under this section may, within 30 days after the certificate is filed, apply to a judge of the Trial Division for a review, on a question of law or jurisdiction, of the certificate.

†††††††††††† (4)On 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 III of the Judgment Enforcement Act and be enforced in accordance with that Act.

Appeal to Trial Division

††††† 50. (1) The council or the respondent may, within 30 days after receiving notice of the 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.

PART VI
REGULATIONS

Regulations by Lieutenant-Governor in Council

††††† 51. The Lieutenant-Governor in Council may make regulations

†††††††††††† (a)respecting the criteria to be employed in the designation of a health profession under this Act; and

†††††††††††† (b)generally, to give effect to the purpose of this Act.

Regulations by minister

††††† 52. The minister may make regulations

†††††††††††† (a)respecting reserved acts for a health profession designated in the Schedule; and

†††††††††††† (b)respecting other information which may be required to be included on the website of a council under section 14(1)(e) or a college under paragraph 30(1)(e).

Regulations by council generally

††††† 53. The council may, with the approval of the minister, make regulations

†††††††††††† (a)prescribing criteria for registration and renewal of registration;

†††††††††††† (b)providing for temporary registration;

†††††††††††† (c)providing for non-practicing status;

†††††††††††† (d)after consultation with a college, respecting mandatory continuing education requirements for health professionals in that college;

†††††††††††† (e)quality assurance; and

††††††††††††† (f)generally, for the purpose of the administration of this Act.

Regulations by council respecting discipline

††††† 54. (1) The council may, with the approval of the minister, make regulations

†††††††††††† (a)respecting alternative dispute resolution for the purposes of sections 34 to 56 and the procedure for that resolution; and

†††††††††††† (b)prescribing time limits for events in the disciplinary process in sections 34 to 57, 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 38,

††††††††††††††††††† (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 quality assurance review under Part III,

†††††††††††††††††† (vii)the appointment of an adjudication tribunal under section 39, and

††††††††††††††††† (viii)the conduct of a hearing and the filing of a decision or order by an adjudication tribunal 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 34 to 56 where the council does not do so in a time period the minister considers reasonable.

Regulations may be general or specific

††††† 55. A regulation made under sections 51 to 54 may be general or specific in application and may apply to one or more health professions.

PART VII
GENERAL

Protection from liability

††††† 56. (1) An action for damages does not lie against the registrar, a member of the council, college, officer, employee or agent of a college or the council, a person or committee designated by a college or the council, the council as a corporation, the college as a corporation, an assessor, the complaints authorization committee, a person appointed by the complaints authorization committee, the disciplinary panel, an adjudication tribunal or the individual members of those bodies for an act, purported act or failure to act or a proceeding initiated or carried out in good faith under this Act, or for carrying out duties or obligations under this Act or any regulations or by-laws made under it.

†††††††††††† (2)An action for defamation shall not be founded in the publication of a communication that consists of or pertains to an allegation or complaint where that communication is published in the course of investigating the allegation or complaint or in the course of proceeding under Part V.

Offence

††††† 57. A person who contravenes this Act commits an offence and is liable on summary conviction to a fine not exceeding $5,000 for a first conviction and to a fine not exceeding $10,000 for a second or subsequent conviction.

Authority for minister to intervene

††††† 58. (1) Where, after consulting with the council or affected college, the minister considers it to be in the public interest, he or she may appoint a person to review and make recommendations about

†††††††††††† (a)the quality of the administration and management, including financial management, of the council or a college;

†††††††††††† (b)the administration of this Act as it relates to a health profession;

†††††††††††† (c)the performance of other duties and powers imposed on the council, a college or committees of the council or a college or persons employed, retained or appointed to administer this Act; or

†††††††††††† (d)the practice of a health profession.

†††††††††††† (2)A review under subsection (1) may include a review into the exercise of a power or the performance of a duty, or the failure to exercise a power or perform a duty under this Act, the regulations or by-laws.

†††††††††††† (3)A person appointed under subsection (1) has the powers, privileges and immunities that are conferred on a commissioner appointed under the Public Inquiries Act, 2006.

†††††††††††† (4)A person appointed under subsection (1) shall comply with terms of reference the minister may establish concerning the conduct of a review.

Powers of minister

††††† 59. Where a review has been completed under section 58, the minister may accept or reject the recommendations of the person appointed under that section and may

†††††††††††† (a)require the council or a college to provide further reports and information;

†††††††††††† (b)require the council or a college to make, amend or revoke a regulation or by-law under this Act;

†††††††††††† (c)require the council or a college to do anything that, in the opinion of the minister is necessary or advisable to carry out the intent of this Act.

Commencement

††††† 60. (1) This Act, or a section, subsection or paragraph of it, comes into force on a day or days to be proclaimed by the Lieutenant-Governor in Council.

†††††††††††† (2)This Act may come into force for one or more health professions listed in the Schedule.


Schedule

The following health professions are subject to this Act:

Acupuncturists

Audiologists

Dental Hygienists

Medical Laboratory Technologists

Midwives

Respiratory Therapists

Speech Language Pathologists