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St. John's, Newfoundland and Labrador, Canada

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Revised Statutes of Newfoundland 1990


CHAPTER C-14

AN ACT RESPECTING CHIROPRACTORS

Analysis

1. Short title

2. Definitions

3. Non-application of Act

4. Board

5. Meetings of board

6. Functions and duties

7. Fees and audit

8. Committees

9. Registration and licence

10. Transitional registration

11. Duties of registrar

12. Proof of registration

13. Discipline committee

14. Appeal

15. Regulations

16. Prohibition

17. Limitation

18. Secondary therapies

19. Prohibition generally

20. Entitlement

21. Restriction on professional title

22. Collection of fees

23. Limitation period

24. Liability of board

25. Offence

26. Continuing offence

27. Commencement


Short title

1. This Act may be cited as the Chiropractors Act.

1990 c63 s1

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Definitions

2. In this Act

(a) "board" means the Newfoundland and Labrador Chiropractic Board established under section 4;

(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 of Health;

(f) "register" means the register of chiropractors referred to in paragraph 10(c); and

(g) "registrar" means the registrar of chiropractors elected under subsection 4(8).

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Non-application of Act

3. This Act does not apply to or affect

(a) a medical practitioner registered under the Medical Act;

(b) a physiotherapist registered under the Physiotherapy Act; 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.

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Board

4. (1) There is established, as a corporation, a board to be known as the Newfoundland and Labrador Chiropractic Board, consisting of 5 members appointed under subsection (2).

(2) The minister shall appoint to the board

(a) 3 chiropractors from a list of at least 5 chiropractors recommended by the Newfoundland and Labrador Chiropractic Association; and

(b) 2 persons who are not chiropractors and who are appointed to represent the public interest.

(3) All chiropractors appointed under subsection (2) shall hold a licence under this Act.

(4) The minister may appoint a person to fill a vacancy on the board caused by the withdrawal of a member before the end of the member's term, but that person may serve only for the remainder of the term but is eligible for reappointment under subsection (2).

(5) Each member of the board may be appointed for a period not longer than 3 years and is eligible for reappointment, but a member may not serve for a continuous period exceeding 9 years.

(6) Notwithstanding subsection (5), each member shall continue to hold office until he or she is reappointed or a new member is appointed.

(7) For the purpose of constituting the first board, a chiropractor is a person who is eligible to be registered under this Act.

(8) The board shall, as soon as practicable after its appointment, meet and elect from among its members, 1 person to serve as chairperson and 1 person to serve as registrar.

(9) The chairperson shall, as soon as is practicable, notify the minister in writing of the results of an election under subsection (8).

(10) The board shall be responsible to the minister.

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Meetings of board

5. (1) The board shall hold at least 1 annual general meeting at a time and place that it determines or that is prescribed by the regulations and may hold other general meetings upon the request of the chairperson, the registrar or 2 members of the board.

(2) Three members of the board, including 1 of the members who is not a chiropractor, shall constitute a quorum.

(3) A decision of the majority of members in attendance at a meeting shall be the decision of the board and in the event of a tie the chairperson, or the person acting as chairperson, shall have a 2nd deciding vote.

(4) Members of the board shall serve without remuneration, but may be paid travelling and other expenses.

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Functions and duties

6. The board may

(a) examine all degrees, diplomas, licences and other credentials of an applicant for a licence to practise chiropractic in the province to determine if the applicant should be licensed and registered to practise under this Act;

(b) prescribe continuing education, examinations or other requirements necessary in order to maintain registration under this Act;

(c) fix and collect fees;

(d) approve registration and issue licences to persons who meet the requirements of this Act and the regulations;

(e) hear complaints against chiropractors and administer disciplinary procedures; and

(f) carry out duties and tasks in accordance with this Act and the regulations.

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Fees and audit

7. (1) The board shall ensure that the fees payable under this Act are sufficient to enable it to discharge its functions and duties under this Act.

(2) All money received by the board shall be applied by it to the exercise of its functions and duties under this Act.

(3) The board shall appoint auditors who shall annually audit the affairs of the board.

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Committees

8. The board may appoint committees and may delegate in writing to those committees functions and duties of the board that may be prescribed by the regulations.

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Registration and licence

9. (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 or a university or college outside Canada recognized by the Council on Chiropractic Education (Canada);

(c) has passed Canadian Chiropractic Examining Board examinations; and

(d) meets those other requirements which may be prescribed by the regulations.

(2) A person who is issued a licence under this Act shall, within 30 days after being granted a licence, become a member of the Newfoundland and Labrador Chiropractic Association.

(3) The licence of a person who does not comply with subsection (2) shall be considered to have been revoked.

(4) The registrar shall annually renew the registration and licence of chiropractors who meet the requirements of this Act and the regulations.

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Transitional registration

10. The board shall, for a period of 1 year after the commencement of this Act, register as a chiropractor and issue a licence to practise chiropractic to every person who

(a) fulfils the requirements of paragraphs 9(1)(a), (b) and (d); and

(b) can demonstrate to the board that he or she has practised chiropractic in the province for not less than 1 year immediately prior to the coming into force of this Act.

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Duties of registrar

11. The registrar shall

(a) be secretary to the board;

(b) register chiropractors and issue licences on the direction of the board to persons who meet the qualifications for registration established by this Act and the regulations;

(c) maintain a register of chiropractors in which the registrar shall enter the names of all those persons qualified and licensed to practise chiropractic in the province;

(d) collect fees;

(e) before February 15 in each year publish in the Gazette the names and addresses of persons whose names appear on the register as of January 15 of that year;

(f) control all matters relating to the finances of the board including receipt of all money paid to the board, or to a member on behalf of the board, and shall make disbursements on behalf of the board;

(g) file with the minister, within 3 months from the end of the board's fiscal year, an audited statement showing money collected and disbursements made during the preceding financial year; and

(h) perform other duties that are required by the board.

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Proof of registration

12. A certificate signed or purporting to be signed by the registrar stating that the name of a person was or was not entered in the register on a date or during a period specified in the certificate shall be admissible in evidence without proof of the signature of the registrar, and the contents of that certificate shall be, in the absence of evidence to the contrary, evidence of the facts stated on it.

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Discipline committee

13. (1) The board shall appoint a discipline committee consisting of

(a) members of the board at least 1 of whom is not a chiropractor; and

(b) other persons the board considers appropriate.

(2) Where the board is of the opinion, or has reasonable cause to believe, that there has been incompetence or improper conduct in the professional conduct of a chiropractor, the board shall refer that complaint to the discipline committee, which shall investigate, hear and determine the complaint and give 2 weeks notice by registered mail to the chiropractor against whom the complaint is made, of the time and place of the hearing.

(3) The chiropractor under investigation has the right to be heard and be represented by a lawyer or other person at the hearing.

(4) The discipline committee shall, after conducting an inquiry into a complaint or matter referred to it by the board under subsection (2), report in writing to the board, its findings, recommendations and reasons.

(5) Upon receipt of a report of the discipline committee and after reviewing the report the board may, where it determines that the complaint is sustained, take disciplinary measures the board considers appropriate, including

(a) removing the name of the chiropractor from the register;

(b) suspending or cancelling the licence of the chiropractor for a period the board considers appropriate and just;

(c) imposing upon the chiropractor a monetary penalty not to exceed a sum fixed by the regulations; or

(d) imposing conditions or limitations on the chiropractor in carrying out the practice of chiropractic.

(6) A member of the discipline committee appointed under subsection (2) shall not consider and review a report as a member of the board under subsection (5).

(7) For the purpose of an inquiry, the discipline committee and each member of the discipline committee is vested with all the powers that are or may be conferred on a commissioner by or under the Public Inquiries Act.

(8) Notice of the decision of the board and the penalty, where a penalty is imposed, shall be sent by registered mail to the chiropractor.

(9) Where a chiropractor's licence is suspended or cancelled, the chiropractor shall submit his or her licence to the board within 10 days of receipt of the notice of suspension or cancellation unless the chiropractor makes an appeal under section 14.

(10) The board may order

(a) that a chiropractor who has been disciplined under this section or against whom a decision is made under section 14 upholding a disciplinary decision of the board, pay to the board the costs or part of the costs incurred by the board in conducting the inquiry; and

(b) that a chiropractor against whom, following an investigation under this section, there is determined to be no negligence, incompetence or improper conduct, have reimbursed to him or her costs which that chiropractor incurred as a result of the investigation.

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Appeal

14. (1) An appeal lies to the Trial Division from a decision of the board made under section 13.

(2) A chiropractor, who wishes to appeal a decision of the board made under section 13, shall file a notice of appeal with the Registrar of the Supreme Court within 30 days of receipt of the notice of the decision of the board and the chiropractor shall serve a copy of the notice of appeal on the board.

(3) The board shall direct the registrar to take whatever steps may be necessary to implement and comply with the decision of the Trial Division.

(4) The registrar shall upon the cancellation of a licence strike the name of the holder of that licence from the register.

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Regulations

15. The board may, with the approval of the minister, make regulations

(a) providing for the holding and procedure of its meetings;

(b) prescribing the rates and manner of payment for travelling and other expenses of members of the board;

(c) prescribing the fees payable for the issuing and renewal of licences;

(d) prescribing forms for the purposes of this Act;

(e) prescribing conditions and requirements for the licensing of persons to practise chiropractic including a requirement to maintain malpractice insurance and including conditions and requirements additional to those outlined in subsection 9(1) for registration and licensing;

(f) respecting continuing education courses and other programs for the purpose of maintaining and improving professional standards;

(g) approving colleges or universities of chiropractic or categories of chiropractic for the purposes of registration and licensing, with power to approve schools other than those referred to in subsection 9(1);

(h) respecting the appointment of committees and prescribing the duties and responsibilities of those committees;

(i) prescribing, scheduling or adopting examinations including the circumstances under which examinations may be required;

(j) 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;

(k) defining "incompetence" and "improper conduct";

(l) respecting the disciplining of chiropractors;

(m) respecting conflicts of interest;

(n) defining electrotherapy and thermotherapy for the purposes of this Act; and

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

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Prohibition

16. (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 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 as defined in the Hospitals Act.

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Limitation

17. A person registered under this Act shall not

(a) use, direct or prescribe the use of an anaesthetic for any purpose whatsoever; or

(b) give treatments for dislocations or fractures.

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Secondary therapies

18. 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.

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Prohibition generally

19. (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.

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Entitlement

20. A person, corporation, partnership or other association of persons except a chiropractor shall not after 60 days from the date of the commencement of this Act

(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.

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Restriction on professional title

21. 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.

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Collection of fees

22. 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.

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Limitation period

23. An action shall not be brought against a chiropractor for negligence or malpractice by reason of services rendered by him or her unless the action is commenced within 2 years from the date those services ended.

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Liability of board

24. A member of the board is not personally liable for a loss or damage suffered by a person by reason of anything done or omitted to be done in good faith by the member in the execution of the member's office, powers or duties.

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Offence

25. 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 $1,000 and to imprisonment for a term not exceeding 1 month in default of payment or to both a fine and imprisonment.

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Continuing offence

26. Where an offence under section 25 is committed on more than 1 day or is continued for more than 1 day or part of a day, it is considered to be a separate offence for each day on which the offence is committed or continued.

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Commencement

27. This Act comes into force on a day to be fixed by proclamation of the Lieutenant-Governor in Council.

1990 c63 s27

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