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Statutes of Newfoundland and Labrador 2017


CHAPTER 5

AN ACT TO AMEND THE HEALTH
PROFESSIONS ACT

(Assented to March 21, 2017)

Analysis


        1.   S.8 Amdt.
Composition of council

        2.   S.9 Amdt.
Appointment by minister

        3.   S.12 Amdt.
Administration

        4.   S.17 Amdt.
By-laws

        5.   S.19 Amdt.
Registration

        6.   S.20 Amdt.
Appeal

        7.   S.23 Amdt.
Assessment

        8.   S.35 Amdt.
Complaints and disciplinary panel

        9.   Transitional

      10.   Commencement


Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

SNL2010 cH-1.02
as amended

        1. Subsection 8(1) of the Health Professions Act is repealed and the following substituted:

Composition of council

        8. (1) The council shall consist of

             (a)  one member of each college's board of directors elected from and by each college in accordance with the council's by-laws; and

             (b)  6 members appointed under section 9 who shall not be members of a college.

 

        2. Subsection 9(1) of the Act is repealed and the following substituted:

Appointment by minister

        9. (1) The minister shall appoint as members of the council 6 persons who are not members of a college who are suitable to represent the public interest.

 

        3. Subsection 12(3) of the Act is amended by deleting the word "and" at the end of paragraph (d) and repealing paragraph (e) and substituting the following:

             (e)  perform registration duties as assigned by the registration committee; and

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

 

        4. Subsection 17(1) of the Act is amended by adding immediately after paragraph (c) the following:

          (c.1)  the appointment of replacement members to the council under subsection 8(6);

 

        5. Section 19 of the Act is amended by adding immediately after subsection (3) the following:

             (4)  Notwithstanding anything in this section, the registration committee may assign some or all of its duties under this section to the registrar.

 

        6. Subsections 20(1) and (2) of the Act are repealed and the following substituted:

Appeal

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

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

 

        7. Subsection 23(1) of the Act is repealed and the following substituted:

Assessment

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

 

        8. Subsection 35(1) of the Act is repealed and the following substituted:

Complaints and disciplinary panel

      35. (1) The council shall appoint at least 3 persons in accordance with the by-laws to constitute a complaints authorization committee and those persons shall consist of

             (a)  health professionals from the health professions designated in the Schedule; and

             (b)  at least one member of the council appointed under section 9.

Transitional

        9. The members of the council elected or appointed under the Health Professions Act are continued as members of the council until the expiry of their terms.

Commencement

      10. This Act comes into force on September 29, 2017.