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Copyright © 2000: Queens Printer,
Revised Statutes of Newfoundland 1990
AN ACT RESPECTING THE REGISTRATION OF PSYCHOLOGISTS
1. This Act may be cited as the Psychologists Act.
1985 c19 s1Back to Top
2. In this Act
(a) "board" means the Newfoundland Board of Examiners in Psychology;
(b) "judge" means a judge of the Trial Division;
(c) "minister" means the Minister of Health; and
(d) "registered psychologist" means a person whose name is on the Register of Psychologists and whose registration is not suspended or cancelled.
1985 c19 s2Back to Top
3. (1) The Newfoundland Board of Examiners in Psychology is continued as a corporation.
(2) The board shall be responsible to the minister.
1985 c19 s3Back to Top
Membership of board
4. (1) The board shall consist of 5 members appointed by the minister
(a) 2 of whom are registered psychologists principally engaged as members of the teaching staff of the Memorial University of Newfoundland;
(b) 2 of whom are registered psychologists not principally engaged as members of the teaching staff of the Memorial University of Newfoundland; and
(c) 1 of whom is a person who is not a registered psychologist.
(2) Members of the board shall hold office for a term of 3 years and are eligible for reappointment but a member may not hold office for a period longer than 9 consecutive years.
(3) Where the Association of Newfoundland Psychologists submits to the minister a list of at least 4 persons it recommends as members of the board, the minister when he or she appoints a full board shall appoint to the board at least 2 of those persons.
(4) Where a vacancy occurs in the membership of the board, the minister may appoint in the same manner as the person being replaced a person to serve for the rest of the term of office of the member being replaced, but that person is eligible for reappointment.
1985 c19 s4Back to Top
Conditions of appointment
5. (1) A member of the board whose term has ended and whose replacement has not been appointed shall continue as a member until the replacement is appointed.
(2) The minister may in consultation with the board remove, suspend, reinstate or replace a member of the board notwithstanding that the member's term has not ended.
1985 c19 s6Back to Top
Chairperson and registrar
6. (1) The board shall elect 1 member of the board to be chairperson.
(2) The board shall appoint, either from among its members or from outside the board, a person to be registrar, and the registrar, if appointed from outside the board, is, by virtue of his or her office, a non-voting member of the board but is not subject to subsection 4(2).
1985 c19 s7Back to Top
Powers of board
7. The board may
(a) acquire real or personal property by any manner including by gift, devise, bequest or purchase and may sell, lease, mortgage, alienate or otherwise charge or dispose of the property;
(b) borrow money and secure repayment of it by debenture, bond, mortgage, deed of trust or other instrument that it considers necessary or convenient; and
(c) make investments of its money in bonds, debentures, mortgages, stocks, shares and other securities.
1985 c19 s8Back to Top
Duties of registrar
8. (1) The registrar is the secretary of the board and shall
(a) keep a record of the proceedings;
(b) maintain a register which shall be called "Register of Psychologists" in which shall be entered the names of applicants qualified under this Act to be included on the register;
(c) subject to the payment of applicable fees under this Act and the regulations, where the board has approved the registration of a person, enter the name of that person in the register; and
(d) before March 1 in each year publish in the Gazette the names, in alphabetical order with their respective addresses, of persons who are registered psychologists and whose names appear on the register as of January 1 immediately preceding the publication.
(2) The Register of Psychologists is, without charge, open and subject to inspection at reasonable times.
1985 c19 s9Back to Top
Requirements for registration
9. The registrar shall register the name of an applicant on the Register of Psychologists where the board is satisfied that the applicant
(a) holds a doctoral degree in psychology that is from an educational institution approved by the board or the equivalent in content and training that is acceptable to the board;
(b) has had at least 1 year of professional experience in the field of psychology acceptable to the board that was obtained after the doctoral degree or equivalent referred to in paragraph (a) was completed;
(c) has passed an examination required by the board; and
(d) has paid the prescribed registration fee.
1985 c19 s10Back to Top
Transitional registration provision
10. The board shall for a period of 15 years immediately after July 11, 1986 register the name of an applicant on the Register of Psychologists where the board is satisfied that the applicant
(a) holds a master's degree in psychology that is from an educational institution approved by the board or the equivalent in content and training that is acceptable to the board;
(b) has had at least 2 years of professional experience in the field of psychology acceptable to the board that was obtained after the degree or equivalent referred to in paragraph (a) was completed so long as that experience was adequately and responsibly supervised to the satisfaction of the board;
(c) has been ordinarily resident in the province for at least 1 year before making an application for registration; and
(d) has paid the prescribed registration fee.
1985 c19 s11Back to Top
11. (1) The board may register on a provisional basis a person who is not a registered psychologist after being reasonably satisfied that that person has met the academic qualifications required for registration under section 9 or 10, notwithstanding that the person has not met the other requirements under those sections.
(2) Provisional registration may be subject to the terms, conditions and limitations that may be set out by the board, including the specific location for which the registration is valid.
(3) Provisional registration is valid for 1 year unless a shorter period is provided for by the board and the board may, on application, renew a provisional registration.
(4) Notwithstanding section 15, a person provisionally registered may, subject to the terms, conditions and limitations set out under subsection (2), use the designation "psychologist".
1985 c19 s12Back to Top
12. Where the registration of a psychologist is cancelled, suspended or reinstated, the registrar shall enter on the Register of Psychologists the date and circumstances and the cancellation, suspension or reinstatement is effective from that date of entry.
1985 c19 s13Back to Top
13. (1) Where the board is of the opinion or has reasonable cause to believe that a registered psychologist has committed professional misconduct or malpractice, or may be guilty of conduct unbecoming a registered psychologist, or may, by the continuation in the practice of psychology, constitute a danger to the public or a person, it may, after full inquiry,
(a) remove the name of the registered psychologist from the register for the period that the board may prescribe;
(b) impose upon the registered psychologist a monetary penalty not to exceed the prescribed sum; or
(c) impose conditions on the registered psychologist in practising psychology.
(2) For the purpose of the inquiry, the board and each member are vested with the powers that are conferred on a commissioner under the Public Inquiries Act.
(3) The registered psychologist has the right to be heard and to be represented by a solicitor or other person at the inquiry.
1985 c19 s14Back to Top
14. (1) A registered psychologist aggrieved by a decision of the board under section 13 or a person who is refused registration on the Register of Psychologists may appeal to a judge within 30 days after the decision of the board or registrar by filing in the office of the Registrar of the Supreme Court a notice of appeal and serving a copy of the notice on the board.
(2) The notice of appeal under subsection (1) shall
(a) set out in detail the allegations of the appellant and the grounds upon which the suspension or cancellation or refusal to register is appealed against; and
(b) be signed by the appellant or the appellant's solicitor.
(3) The appellant shall within 14 days after service of the notice of appeal under this section, apply to the judge for the appointment of a day for the hearing of the appeal and shall, not less than 14 days before the hearing, serve upon the board a written notice of the day appointed for the hearing.
(4) The judge shall hear the appeal and the evidence brought forward by the appellant and the board, and shall decide the matter of the appeal by
(a) upholding or revoking the action of the board or registrar; or
(b) making another decision or order that the judge considers to be appropriate in the interest of justice and equity, including orders as to costs for or against the appellant or the board and their amount.
(5) An appeal may be taken from the decision of the judge to the Court of Appeal upon a point of law raised at the hearing of the appeal.
(6) The board shall direct the registrar to implement the decision of the judge of the Trial Division or the Court of Appeal and shall comply with the terms of an order made by the court.
1985 c19 s15Back to Top
Use of "psychologist"
15. (1) A registered psychologist may use the designation "psychologist".
(2) A person other than a registered psychologist who holds himself or herself out to the public by a title or description of services as a psychologist or as a person who practices psychology is guilty of an offence.
(3) Subsection (2) does not apply to students of psychology, interns of psychology or professors of psychology while carrying out their teaching and research duties, so long as they use a title or description of services that clearly indicates their student, intern, or professor status.
1985 c19 s16Back to Top
16. A person who knowingly by false declaration or representation obtains or attempts to obtain registration under this Act for himself or herself or another person is guilty of an offence.
1985 c19 s17Back to Top
17. Subject to the approval of the minister, the board may make regulations respecting
(a) the Register of Psychologists;
(b) procedures respecting applications for registration on the Register of Psychologists;
(c) examinations of applicants for registration on the Register of Psychologists;
(d) the issuing and renewal of certificates of registration;
(e) fees payable to the board;
(f) the suspension or cancellation of the registration of registered psychologists for the non-payment of fees;
(g) the discipline and conduct of registered psychologists;
(h) a program of continuing education for registered psychologists;
(i) the investigation of complaints of professional misconduct or incompetence on the part of registered psychologists;
(j) the issuing of a reprimand to or the suspension or cancellation of the registration of registered psychologists for professional misconduct, incompetence or failure to comply with this Act or the regulations;
(k) the reinstatement of registered psychologists whose registration has been suspended, cancelled or allowed to lapse;
(l) the procedure of the board at its meetings;
(m) the duties of the members of the board and providing for payment of necessary expenses of the board;
(n) the duties and remuneration of examiners, the registrar and persons employed by the board to help it in the discharge of its duties;
(o) the appointment of committees and prescribing the duties and powers of the committees;
(p) the designation of areas of competence of registered psychologists and their use of specialty titles for those areas;
(q) the definition of professional misconduct; and
(r) generally, to give effect to the purpose of this Act.
1985 c19 s18; 1988 c54 s19Back to Top
Amount of fees
18. In prescribing the amount of fees under paragraph 17(e) the board shall ensure that the level of the fees is sufficient to provide it with the income necessary to discharge its functions and duties under this Act.
1985 c19 s19Back to Top
Use of money and audit
19. (1) Money received by the board shall be applied by the board in the discharge of its functions and duties under this Act.
(2) The board shall appoint auditors who shall annually audit the affairs of the board and immediately upon receipt of the audited report the chairperson of the board, or failing the chairperson, the registrar, shall deliver a copy of the auditors' report to the minister.
1985 c19 s20
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