BILL 25 – 2008
HEALTH PROFESSIONS (REGULATORY REFORM) AMENDMENT ACT, 2008
HER
MAJESTY, by and with the advice and consent of the Legislative Assembly
of the Province of British Columbia, enacts as follows:
1
Section 1 of the Health Professions Act, R.S.B.C. 1996, c. 183, is
amended
(a) by adding the following definitions:
"certified
non-registrant" means a
non-registrant to whom registrants of a college may delegate aspects of
practice or who may be authorized to provide or perform aspects of
practice in accordance with a bylaw of the college made under section
19 (1) (k.1) and who is certified by the college in accordance with a
bylaw of the college made under section 19 (1) (l.2);
"college
website" means a website established and maintained by
or on behalf of a college under section 18 (3);
"Health
Professions Review Board" or "review
board" means the Health Professions Review Board
established under section 50.51;
"restricted
activity" means an activity prescribed under section 55
(2) (g). , and
(b) in the definition of "minister" by striking
out ", duty or function"
and substituting "or duty".
2
The following Part is added:
Part 1.1
— Advisory Panels
Definitions
6.1
In this Part, "advisory panel" means an
advisory panel appointed under section 6.2.
Appointment of advisory
panel
6.2
(1) The minister may, by order,
(a)
appoint one or more advisory panels consisting of one or more members
named in the order,
(b)
designate the chair and one or more vice chairs of an advisory panel
from among its members, and
(c) set
the terms and conditions of appointments under paragraph (a).
(2) The
chair of an advisory panel must not be
(a) a
registrant of a college for a designated health profession or a
certified non-registrant,
(b) a
member of a body, in another province or a foreign jurisdiction, that
regulates a health profession in that other province or foreign
jurisdiction,
(c) an
employee or agent of the government of British Columbia, or
(d) an
employee or agent of the government of another province or a foreign
jurisdiction.
(3) The
majority of members of an advisory panel must be persons who are not
persons described in subsection (2).
Referral to advisory panel
6.3
(1) The minister may, by order, refer to an advisory panel any matter
related to the following:
(a)
professional scopes of practice, including the services or restricted
activities that may, or must not, be provided or performed by
registrants or other persons;
(b) the
use of professional or occupational titles and other work related
descriptive terms by registrants or other persons;
(c) the
interjurisdictional, interprofessional, multidisciplinary or
collaborative practice of registrants or other persons;
(d) the
education, training, technical achievement, competencies, credentials
and other substantive or procedural entry-to-practice requirements for
health professions, including the conditions or requirements for
registration as a member of or certification by a college;
(e) the
confidentiality and disclosure of information under this Act, including
disclosure by colleges of information related to matters under Part 3;
(f) the
patient relations programs and quality assurance programs of colleges;
(g)
health human resource planning and management;
(h)
labour mobility of health professionals within the Province or between
the Province and other provinces or foreign jurisdictions;
(i) the
duties, objects and powers of colleges;
(j) the
operation or administration of this Act or the regulation of health
professions generally.
(2) An
order under subsection (1) may establish terms of reference respecting
the advisory panel's consideration of a matter referred to the panel.
(3) An
advisory panel may consider and provide advice or recommendations to
the minister respecting a matter referred to it under subsection (1).
(4) An
advisory panel may consult as it considers necessary or appropriate
with any person, who, in the opinion of the advisory panel, has
expertise or information relevant to a matter referred to the advisory
panel under subsection (1).
(5) An
advisory panel must have regard to any terms of reference established
under subsection (2).
(6) An
advisory panel must not consider or otherwise become involved in any
matter respecting
(a) a
specific person who is applying to a college for registration as a
member of the college, certification as a certified non-registrant or
reinstatement of registration or certification, or
(b) a
specific registrant, former registrant, certified non-registrant or
former certified non-registrant.
Meetings of advisory panel
6.4
(1) An advisory panel may meet
(a) as
the chair of the advisory panel considers necessary, or
(b) on
the request of the minister.
(2) An
advisory panel must
(a)
give, to each college established under this Act, reasonable notice of
the matters to be discussed at a meeting of the panel, and
(b)
allow the colleges to make submissions to the panel.
(3) A
portion of a meeting during which submissions under subsection (2) are
made must be open to the public unless the advisory panel is satisfied
that the interests of the person making the submission, or of any other
person, would be detrimentally affected if the submission were not
presented in private.
(4)
Subject to this Act and any terms of reference established under
section 6.3 (2), an advisory panel may make rules governing its own
procedures.
Remuneration and
reimbursement of expenses
6.5
(1) Members of an advisory panel may be
(a)
paid remuneration at rates set by the minister, and
(b)
reimbursed for reasonable and necessary travelling and out of pocket
expenses incurred in carrying out their powers and duties under this
Act.
(2) The
remuneration and reimbursement of expenses referred to in subsection
(1) must be set in accordance with general directives of the Treasury
Board.
(3)
Members of an advisory panel who are employees of the government of
British Columbia must not be paid remuneration or reimbursed for
expenses under this section.
3
Section 7 (2) is amended by striking out "prescribed
fee" and substituting "fee
prescribed by the Lieutenant Governor in Council".
4
Section 12 (1) is amended by adding at the end "for
the purposes of this Act".
5
Section 12 (2) is amended
(a) by striking out "Lieutenant Governor in
Council" and substituting "minister",
(b) in paragraphs (c) to (g) by striking out "performed"
and substituting "provided", and
(c) by adding the following paragraphs:
(b.1)
limits or conditions respecting the use of titles prescribed under
paragraph (b);
(g.1)
restricted activities that may be performed by registrants in the
course of providing services referred to in paragraphs (c) to (g);
(g.2)
limits or conditions on the performance of restricted activities
referred to in paragraph (g.1);
(g.3)
whether the board for the college is authorized to establish, under
section 19 (1) (i), one or both of the following:
(i)
a class of restricted registrants, for the purposes of section 20 (4.2);
(ii)
a class of provisional registrants, for the purposes of
section 20 (4.3); .
6
Section 12 (3) is amended by adding "by the
minister" before "for
the purpose".
7
The following sections are added:
Prohibition and limitation
— use of reserved titles
12.1
(1) If a regulation under section 12 (2) (b) prescribes a title to be
used exclusively by registrants of a college, a person other than a
registrant of the college must not use the title, an abbreviation of
the title or an equivalent of the title or abbreviation in another
language
(a) to
describe the person's work,
(b) in
association with or as part of another title describing the person's
work, or
(c) in
association with a description of the person's work.
(2) If a
regulation under section 12 (2) (b.1) prescribes a limit or condition
respecting the use of a title, the title must not be used except in
accordance with the regulation.
(3) A
person other than a registrant of a college must not use a name, title,
description or abbreviation of a name or title, or an equivalent of a
name or title in another language, in any manner that expresses or
implies that he or she is a registrant or associated with the college.
Exceptions
12.2
(1) Despite section 12.1 (1) and (2), but subject to section 12.1 (3),
a person's use of a title prescribed under section 12 (2) (b), an
abbreviation of the title or an equivalent of the title or abbreviation
in another language is not a contravention of section 12.1 (1) if the
person
(a) is
authorized by a body in another province or a foreign jurisdiction that
regulates a health profession in that other province or foreign
jurisdiction to use the title, the abbreviation of the title or the
equivalent of the title or abbreviation in another language to indicate
membership in that body,
(b)
indicates, in using the title, the abbreviation of the title or the
equivalent of the title or abbreviation in another language
(i)
whether the person is authorized to practise the health profession in
the other province or foreign jurisdiction, and
(ii)
the name of the other province or foreign jurisdiction, and
(c)
uses the title only for the purpose of indicating whether the person is
authorized to practise the health profession in the other province or
foreign jurisdiction.
(2)
Despite section 12.1 (1) and (2), but subject to section 12.1 (3), a
person's use of a title prescribed under section 12 (2) (b), an
abbreviation of the title or an equivalent of the title or abbreviation
in another language is not a contravention of section 12.1 (1) if the
person uses the title, the abbreviation of the title or the equivalent
of the title or abbreviation in another language while
(a)
fulfilling the conditions or requirements for registration as a member
of the college whose registrants are granted exclusive use of the title
by a regulation under section 12 (2) (b), and
(b)
under the supervision of a registrant of a college specified for the
purposes of this subsection by the board for the college referred to in
paragraph (a).
8
Section 13 is amended
(a) by striking out "performed"
wherever it appears and substituting "provided",
(b) in subsections (2) (a) and (3) (a) by striking out "perform"
and substituting "provide",
(c) in subsections (2) (b) and (3) (b) by striking out "performance
of the service unless, at the time of performance,"
and substituting "provision of the service
unless, at the time the service was provided,",
(d) in subsection (3) (b) by striking out "performing"
and substituting "providing",
and
(e) by repealing subsection (4).
9
Section 15 is amended
(a) by repealing subsections (3) and (3.1) and substituting the
following:
(3) For
the purposes of exercising its powers and performing its duties under
this Act, a college has the powers and capacity of a natural person of
full capacity, including the power to acquire and dispose of
property. , and
(b) in subsection (4) by striking out "the
Lieutenant Governor in Council, by order," and
substituting "the minister, by regulation,".
10
Section 16 (2) is amended
(a) in paragraph (b) by adding "its"
after "govern",
(b) in paragraph (c) by striking out "standards
of academic or technical achievement and the qualifications required
for registration" and substituting "the
conditions or requirements for registration of a person",
(c) in paragraph (e) by striking out "continuing
competency" and substituting "quality
assurance",
(d) by adding the following paragraph:
(i.1)
to establish and employ registration, inquiry and discipline procedures
that are transparent, objective, impartial and fair; ,
(e) by repealing paragraph (j) and substituting the following:
(j) to
administer the affairs of the college and perform its duties and
exercise its powers under this Act or other enactments; , and
(f) by adding the following paragraph:
(k) in
the course of performing its duties and exercising its powers under
this Act or other enactments, to promote and enhance the following:
(i)
collaborative relations with other colleges established under this Act,
regional health boards designated under the Health
Authorities Act and other entities in the Provincial health
system, post-secondary education institutions and the government;
(ii)
interprofessional collaborative practice between its registrants and
persons practising another health profession;
(iii) the ability of its registrants to respond and adapt to changes in
practice environments, advances in technology and other emerging issues.
11
Section 17 (2) is amended by adding ", by
order," after "must".
12
Section 17 (3) is amended
(a) in paragraph (a.1) by striking out "non-registrants
described in section 19 (1) (l.2)" and
substituting "certified non-registrants",
(b) in paragraph (a.2) by striking out "non-registrants
described in section 19 (1) (l.2)" and
substituting "certified non-registrants",
and
(c) in paragraph (b) by striking out "by the
minister." and substituting "by
order of the minister."
13
The following section is added:
Oath of office
17.11
(1) Before taking office, a person elected or appointed as a member of
a board for a college must take and sign, by oath or solemn
affirmation, an oath of office prescribed by the minister,
(a) in
the case of a person elected as a member of the board by vote or
acclamation, within 45 days after the date the registrar issues the
certificate required under section 17.1, or
(b) in
the case of a person appointed as a member of the board, within 45 days
after the effective date of the appointment.
(2) An
oath of office under subsection (1) must be taken before a judge of the
Court of Appeal, Supreme Court or Provincial Court, a justice of the
peace or the registrar of the college, and the person taking the oath
must obtain the completed oath or a certificate of it from the person
administering it.
(3) A
person appointed or elected as a member of a board must present the
completed oath of office required by subsection (1) or a certificate of
it to the registrar of the college within the applicable time limit
under subsection (1) (a) or (b) and before the person takes office on
the board, and the registrar must retain for the college records the
completed oath or certificate or a copy of it.
(4) If a
person appointed or elected as a member of a board does not take and
sign the oath of office or comply within the time limits required under
this section, the office to which that person was appointed or elected
is vacant and the vacancy
(a) may
be filled by appointment by the minister, if the person was a person
referred to in section 17 (2) (a) or (3) (b), or
(b)
must be filled
(i)
by election in accordance with the bylaws of the college, if the person
was a person referred to in section 17 (3) (a) or (a.1), or
(ii)
by appointment by the board for the college in accordance with the
bylaws of the college, if the person was a person referred to in
section 17 (3) (a.2).
(5) A
board may, by resolution passed by at least 2/3 of the board members
voting on the resolution, reprimand, suspend or remove a member of the
board elected under section 17 (3) (a) or (a.1) or appointed under
section 17 (3) (a.2), after reasonable notice to the member, if the
board is satisfied that the member has contravened a term of the oath
of office required under subsection (1) of this section.
(6) If a
person is suspended from a board under subsection (5), the person may
not act as a member of the board unless the suspension is lifted.
(7) If a
person is removed from a board under subsection (5), the person ceases
to be a member of the board, the office to which that person was
elected or appointed is vacant and the vacancy must be filled
(a) by
election in accordance with the bylaws of the college, if the person
was a person referred to in section 17 (3) (a) or (a.1), or
(b) by
appointment by the board for the college in accordance with the bylaws
of the college, if the person was a person described in section 17 (3)
(a.2).
14
Section 17.2 is amended
(a) in subsection (1) by striking out "and
functions" and by adding at the end ", subject
to any limits or conditions specified in the bylaws",
and
(b) in subsection (3) by adding ", the
regulations" after "this
Act" and by striking out "or
function".
15
Section 18 is amended
(a) in subsection (2) by striking out "including
information that the Lieutenant Governor in Council may prescribe,"
and substituting "in the form and containing
the information required by regulation of the minister,",
and
(b) by adding the following subsection:
(3) A
board must ensure that a website that is accessible to the public free
of charge is established and maintained by or on behalf of its college,
subject to the regulations of the minister.
16
Section 18.2 is amended
(a) in subsection (1) by striking out "the
Lieutenant Governor in Council" and
substituting "the minister",
(b) in subsection (2) (a) by striking out "or
functions", and
(c) in subsection (2) (b) (i) by striking out ",
(l.4), (m) or (n)" and substituting "or
(1.3)".
17
Section 19 (1) is amended
(a) by striking out "may, by bylaw for its
college, do the following:" and substituting "may
make bylaws, consistent with the duties and objects of a college under
section 16, that it considers necessary or advisable,
including bylaws to do the following:",
(b) in paragraph (b) by adding at the end ",
and authorize the registrar for the college to establish additional
election procedures consistent with the bylaws",
(c) in paragraph (g) by striking out ",
functions" and substituting ",
powers" and by adding "the
registrar, deputy registrars or other" before "officers",
(d) by repealing paragraph (i) and substituting the following:
(i)
establish a class or classes of registrants, including, if authorized
in accordance with section 12 (2) (g.3), a class of restricted or
provisional registrants for the purposes of section 20 (4.2) or (4.3),
respectively, and specify if members of a class are eligible to vote in
an election referred to in section 17 (3) (a) or to be elected under
section 17 (3) (a); ,
(e) by repealing paragraph (j),
(f) by adding the following paragraphs:
(j.1)
specify information required to be entered and maintained on the
college's register for the purposes of section 21 (2) (f);
(j.2)
subject to the regulations of the minister, establish procedures for
the removal of information respecting a person from the register, and
authorize the registrar to establish additional procedures for that
purpose consistent with the bylaws; ,
(g) in paragraph (k.1) by adding "provide or"
before "perform" in
both places,
(h) in paragraph (k.2) by adding at the end ",
subject to the regulations of the minister",
(i) by paragraph (k.5) (ii) by striking out "another
member of the college" and substituting "another
registrant",
(j) by repealing paragraphs (l.1) to (l.5) and substituting the
following:
(l.1)
establish a class or classes of non-registrants to whom registrants may
delegate aspects of practice or who may be authorized to provide or
perform aspects of practice in accordance with a bylaw made under
paragraph (k.1);
(l.2)
establish conditions or requirements, including training or education
requirements, for the certification by the college of non-registrants
described in paragraph (l.1);
(l.3)
establish standards, limits or conditions respecting the aspects of
practice which may be provided or performed by certified
non-registrants;
(l.4)
establish conditions or requirements for renewal, suspension,
cancellation and reinstatement of the certification of certified
non-registrants, and provide for the suspension or cancellation of the
certification of certified non-registrants for late payment or
non-payment of fees; ,
(k) in paragraph (l.6) by adding "certified"
before "non-registrants"
and by striking out "described in paragraph
(l.2)",
(l) in paragraph (l.7) by adding "certified"
before "non-registrants"
in both places and by striking out "described
in paragraph (l.2),",
(m) in paragraph (l.9) by adding "certified"
before "non-registrants"
in both places,
(n) in paragraph (l.9) (i) by adding ", and
authorize the registrar to establish additional election procedures
consistent with the bylaws" after "section
17 (3) (a.1)",
(o) in paragraph (l.91) by adding "certified"
before "non-registrants",
(p) in paragraph (l.92) by adding "certified"
before "non-registrants"
and by striking out "described in paragraph
(l.2)",
(q) by repealing paragraphs (m) and (m.1) and substituting the
following:
(m)
establish conditions or requirements for the registration of a person
as a member of the college, including the following:
(i)
standards of academic or technical achievement;
(ii)
competencies or other qualifications;
(iii) requirements for providing evidence of good character;
(m.1)
specify academic or technical programs that are recognized by the
college as meeting a standard established under paragraph (m) (i);
(m.2)
provide for the examinations that may be required, used or relied on by
the registration committee in satisfying itself under section 20 that a
person meets the conditions or requirements for registration as a
member of the college;
(m.3)
establish conditions or requirements for eligibility to take
examinations referred to in paragraph (m.2) and procedures respecting
the conduct of examinations, and authorize a committee established
under paragraph (t) or the registrar to establish additional
examination procedures consistent with the bylaws;
(m.4)
confer discretion on the registration committee, in satisfying itself
under section 20 that a person meets the conditions or requirements for
registration as a member of the college, to consider whether the
person's knowledge, skills and abilities are substantially equivalent
to the standards of academic or technical achievement and the
competencies or other qualifications established under paragraph (m),
and to grant registration on that basis; ,
(r) in paragraph (o) by striking out "for"
and substituting "respecting",
(s) by adding the following paragraph:
(q.1)
provide for payment by registrants, to the college as the agent for a
health profession association or similar organization, of an amount
equivalent to the fees of the association or organization, whether or
not the registrant is a member of the association or
organization; ,
(t) in paragraph (r) by adding "conditions or"
after "establish",
(u) in paragraph (s) by adding "and marketing"
after "advertising"
in both places,
(v) in paragraph (u) by adding the following subparagraph:
(i.1) the establishment of panels of the committee and the composition
of the panels; ,
(w) in paragraph (u) (ii) and (iii) by adding "or
a panel of the committee" after "committee"
wherever it appears,
(x) in paragraph (u.1) by striking out ",
duties and functions" and substituting "and
duties" and by adding at the end ",
and any limits or conditions on the exercise of those powers and
performance of those duties",
(y) in paragraph (y.3) by striking out ",
duties and functions" and substituting "and
duties",
(z) by repealing paragraphs (y.5) and (y.6), and
(aa) by adding the following paragraphs:
(y.7)
establish procedures for the review of a decision of the registrar or a
committee established under paragraph (t), other than a decision to
which Part 4.2 applies, and authorize the registrar to establish
additional review procedures consistent with the bylaws;
(y.8)
subject to the regulations of the minister under section 12 (2) (b.1),
establish limits or conditions respecting the use by registrants of the
following:
(i)
titles describing the work of registrants, including titles prescribed
under section 12 (2) (b);
(ii)
terms to which section 52.1 applies, including abbreviations of those
terms or equivalents of those terms in another language.
18
Section 19 is amended
(a) by repealing subsection (2) and substituting the following:
(2)
Provisions in a bylaw under subsection (1) may be different for
(a)
different classes of registrants, or
(b)
different classes of certified non-registrants.
(2.1) A
bylaw under subsection (1) (f) or (l.92) may authorize the registrar to
establish, by bylaw, forms for the purposes of the bylaws, and to
require the use of the forms by registrants or certified
non-registrants, as the case may be. ,
(b) by repealing subsections (3) to (3.2) and substituting the
following:
(3) A
bylaw under subsection (1) has no effect unless it is filed with the
minister.
(3.1) A
bylaw under subsection (1) comes into force on the date that falls on
the day that is the number of days, prescribed by the minister, after
the date the bylaw is filed under subsection (3) unless
(a) the
minister disallows the bylaw under subsection (3.2) (a) or (4),
(b) the
minister declares, under subsection (3.2) (b), that the bylaw comes
into force on an earlier date, or
(c) the
board withdraws the bylaw under subsection (3.3).
(3.2) If
the minister considers it necessary or advisable to do so, the minister
may, by order, within the period prescribed for the purposes of
subsection (3.1),
(a)
disallow the bylaw or a portion of the bylaw, except for a bylaw or a
portion of a bylaw made under subsection (1) (k), (l) or (l.4), or
(b)
declare that the bylaw or a portion of the bylaw comes into force on a
specified date that is earlier than the date it would otherwise come
into force under subsection (3.1).
(3.3) A
board may, by written notice delivered to the minister, withdraw a
bylaw or a portion of a bylaw filed under subsection (3) at any time
before it otherwise would come into force or is disallowed. ,
(c) in subsection (4) by striking out everything before paragraph (a)
and substituting "The minister must disallow
a bylaw made under subsection (1) if the minister is not satisfied that
appropriate provision has been made respecting the following:",
(d) in subsection (6) by striking out "the
Lieutenant Governor in Council may" and
substituting "the minister may, by order,",
(e) in subsection (6.1) by striking out ",
(l.4), (m) or (n)" and substituting "or
(1.3)",
(f) by adding the following subsection:
(6.2) A
bylaw under subsection (1), other than a bylaw under subsection (1)
(b), (c), (d), (f), (g), (k), (l), (l.6), (l.9), (l.92), (p), (q),
(u.1), (v.1), (w.1) or (z), may not be made, amended or repealed unless
(a)
notice of the proposed bylaw, amendment or repeal is given by the board
to the minister and the college of each health profession prescribed by
the minister for the purposes of this subsection
(i)
at least 3 months before the proposed bylaw, amendment or repeal is
filed with the minister, or
(ii)
within a shorter period the minister specifies as appropriate in the
circumstances, and
(b) the
proposed bylaw, amendment or repeal is, for the period referred to in
paragraph (a),
(i)
made available by the board for inspection by any person, free of
charge, at the office of the college at all reasonable times during
regular business hours, and
(ii)
posted by the board on the college website. ,
(g) by repealing subsection (7) and substituting the following:
(7) A
bylaw may not be made, amended or repealed under subsection (6) unless
(a)
notice of the proposed bylaw, amendment or repeal is given by the
minister to the college of each health profession prescribed by the
minister for the purposes of this subsection
(i)
at least 3 months before the proposed bylaw, amendment or repeal comes
into force, or
(ii)
within a shorter period the minister specifies as appropriate in the
circumstances, and
(b) the
proposed bylaw, amendment or repeal is, for the period referred to in
paragraph (a), posted by the minister on a website maintained by or on
behalf of the ministry and that is accessible to the public free of
charge. , and
(h) by repealing subsection (9) and substituting the following:
(9) A
board must
(a)
maintain a complete and accurate record of the bylaws that are in
effect for its college and provide a copy of those bylaws to each
registrant,
(b)
make those bylaws available for inspection by any person, free of
charge, at the office of the college at all reasonable times during
regular business hours, and
(c)
post those bylaws on the college website.
19
Section 20 is amended
(a) in subsection (2) by striking out "in its
college" and substituting "as
a member of its college" and by striking out "the
requirements of",
(b) in subsection (2) (b) by striking out "is
qualified to be a registrant," and substituting
"meets the conditions or requirements for
registration in a class of registrants,",
(c) in subsection (2.1) by striking out everything before paragraph (a)
and substituting "Despite subsection (2), the
registration committee may refuse to grant registration, may grant
registration for a limited period specified for the registrant by the
registration committee, or grant registration and impose limits or
conditions on the practice of the designated health profession by the
person, if the registration committee determines, after giving the
person an opportunity to be heard, that",
(d) in subsection (2.1) (a) by striking out "the
health profession" and substituting "a
health profession" and by striking out "jurisdiction"
and substituting "province or a foreign
jurisdiction",
(e) in subsection (2.1) (b) by striking out "the
health profession" and substituting "a
health profession" and by striking out "jurisdiction"
and substituting "province or a foreign
jurisdiction",
(f) in subsection (2.1) by striking out ", or"
at the end of paragraph (b) and by adding the following paragraph:
(b.1)
the person's entitlement to practise a health profession has been
voluntarily relinquished in British Columbia, another province or a
foreign jurisdiction with the effect of preventing the commencement or
completion of an investigation, review or other proceeding that could
have resulted in the person's entitlement to practise the health
profession in that other province or foreign jurisdiction being
suspended or cancelled, or ,
(g) in subsection (3) by striking out "If an
applicant" and substituting "Despite
subsection (2), if a person applying for registration",
by striking out "that an applicant"
and substituting "that a person applying",
by striking out "register the applicant"
and substituting "grant registration to the
person" and by striking out "set
limits or conditions on the practice of the applicant."
and substituting "impose limits or conditions
on the practice of the designated health profession by the person.",
(h) by repealing subsections (4) and (4.1) and substituting the
following:
(4.1) A
person whose application for registration as a member of a college is
(a)
refused under subsection (2.1) or (3),
(b)
granted under subsection (2.1) for a limited period or with limits or
conditions imposed on the practice of the designated health profession
by the person, or
(c)
granted under subsection (3) with limits or conditions imposed on the
practice of the designated health profession by the person
may
appeal the decision of the registration committee to the Supreme Court,
and, for those purposes, the provisions of section 40 respecting an
appeal from a decision of the discipline committee apply to an appeal
under this subsection.
(4.2) If
a bylaw under section 19 (1) (i) establishes a class of restricted
registrants for the purposes of this subsection, the registration
committee may
(a)
grant registration in the class, and
(b)
impose limits or conditions on the practice of the designated health
profession by the registrant.
(4.3) If
a bylaw under section 19 (1) (i) establishes a class of provisional
registrants for the purposes of this subsection, the registration
committee may
(a)
grant registration in the class for a limited period specified for the
registrant by the registration committee,
(b)
require the registrant to complete, within the period specified under
paragraph (a), any examinations or upgrading of knowledge, skills or
abilities the registration committee considers necessary for the
registrant, and
(c)
impose limits or conditions on the practice of the designated health
profession by the registrant.
(4.4)
Limits or conditions imposed in accordance with subsection (2.1), (3),
(4.2) or (4.3) may be different for different registrants
within a class of registrants. ,
(i) in subsection (5) by striking out "is not
qualified to be a registrant." and substituting
"does not meet the conditions or requirements
for registration as a member of the college.",
and
(j) by adding the following subsection:
(7) If
the registration committee decides, under this section,
(a) to
refuse a person's application for registration, or
(b) to
grant a person registration for a limited period or with limits or
conditions imposed on the practice of the designated health profession
by the person,
the
registration committee must, within 30 days of making its decision,
deliver written notice to the person respecting the decision and
advising of the person's right to apply for a review of the decision
under section 50.54 or to appeal the decision to the Supreme Court, as
applicable.
20
The following section is added:
Notice to applicant for
certification
20.01
If a college has established one or more classes of certified
non-registrants and the person or committee authorized under the bylaws
of the college to certify persons as certified non-registrants refuses
an application for certification, the person or committee must, within
30 days of making that decision, deliver written notice to the
applicant respecting the decision and advising of the applicant's right
to request a review of the decision under section 50.54.
21
Sections 20.1 to 20.3 are repealed.
22
Section 20.4 is amended
(a) in subsection (1) by striking out "the
governing body of a health profession" and
substituting "a body,"
and by adding at the end ", that regulates a
health profession in that other jurisdiction",
(b) in subsection (2) by adding "with the
prior approval of the minister" after "the
following",
(c) by repealing subsection (2) (a) and substituting the following:
(a)
entering into agreements with one or more governing bodies respecting
(i)
the interjurisdictional practice of the health professions,
(ii)
the recognition of another governing body's procedures for and results
from the assessment and verification of the credentials, competencies
or other qualifications of persons educated or trained in another
province or a foreign jurisdiction,
(iii) the implementation of a trade agreement, as it relates to labour
mobility, prescribed by the minister, or
(iv)
any other matter related to the labour mobility of health
professionals; , and
(d) in subsection (2) (b) by adding "or
certified non-registrant" after "registrant".
23
Section 21 is amended
(a) in subsection (1) by adding "and may
appoint one or more deputy registrars" after "registrar"
and by striking out "holds"
and substituting "hold",
(b) by adding the following subsection:
(1.2) If
a board appoints a deputy registrar or deputy registrars under
subsection (1), the board may, by bylaw, authorize the deputy registrar
or deputy registrars to perform the duties and exercise the powers of
the registrar set out in the bylaws, subject to any limits or
conditions specified in the bylaws. ,
(c) by repealing subsection (2) and substituting the following:
(2) The
registrar must maintain a register setting out, for every person
granted registration under this Act, the following:
(a) the
person's name, whether the person is a registrant or a former
registrant, and, if the person is a registrant, the person's business
address and business telephone number;
(b) the
class of registrants in which the person is or was registered;
(c) if
the person is a registrant, any limits or conditions imposed under this
Act on the practice of the designated health profession by the
registrant;
(d) a
notation of each cancellation or suspension of the person's
registration, including any cancellation or suspension that
(i)
occurred or was recorded before the coming into force of this
subsection, or
(ii)
was imposed by the governing body for a health profession under a
former enactment regulating the health profession;
(e) any
additional information required under the regulations of the minister;
(f) any
additional information required under the bylaws of the college;
(g) any
additional information specified under subsection (5) by the
registration committee, inquiry committee or discipline
committee. ,
(d) in subsection (3) (d) by striking out "section
39 (2) (e)." and substituting "section 33
(2) or 39 (2) (e).", and
(e) by adding the following subsections:
(5)
Subject to subsection (6),
(a) the
registration committee, in making a decision under section 20 to grant
registration to a person, or
(b) the
inquiry committee or discipline committee, in disposing of a matter
under Part 3 respecting a person granted registration under this Act,
may
specify information regarding the person that must be entered on the
register referred to in subsection (2).
(6)
Information required to be entered on the register in accordance with
subsection (5) may be entered only after the final disposition
of a matter when no further review or appeal is available under this
Act.
24
Section 22 is amended
(a) in subsection (1) by striking out "and
bylaws", and
(b) by repealing subsections (2) and (3) and substituting the following:
(2) The
registrar must or may, as required or authorized under regulations of
the minister, refuse a person access to the register of the college or
to any information set out in the register.
(3) If
access is refused under subsection (2), the registrar may disclose
information from the register that the board or the registrar, if
authorized by the board, determines is appropriate in the circumstances.
25
Section 22.1 is repealed.
26
Section 26 is amended
(a) in the definition of "professional misconduct"
by adding "unethical conduct,"
after "sexual misconduct,",
and
(b) in the definition of "registrant" by adding "certified"
before "non-registrant"
in both places.
27
Section 28 (1) is amended by adding ",
subject to any limits or conditions imposed on the inspector by the
inquiry committee," after "an
inspector may".
28
Section 29 (3) (b) (ii) is amended by adding "standard,"
before "limit or condition".
29
Section 32 (5) is amended by adding "is
considered to be a disposition by the inquiry committee and"
after "subsection (3)".
30
Section 32.2 (4) (b) (i) is amended by striking out "set"
and substituting "impose".
31
Section 32.3 is amended
(a) in subsection (1) by adding "by the
minister" after "prescribed",
and
(b) in subsection (3) (b) (i) by striking out "set"
and substituting "impose".
32
Section 32.4 is amended by adding the following subsection:
(3) On
receiving a report under subsection (1), the registrar must act under
section 32 (2) as though the registrar had received a
complaint under section 32 (1).
33
Section 33 is amended
(a) in subsection (2) by striking out "set
limits or conditions on the practice of the registrant"
and substituting "impose limits or conditions
on the practice of the designated health profession by the registrant",
and
(b) in subsection (3) by striking out "An
applicant or a registrant" and substituting "A
registrant" and by striking out "or
section 20 (3)".
34
Section 33 (4) is amended
(a) in paragraph (b) by adding "standard,"
before "limit or condition",
(b) in paragraph (c) by adding at the end "or
unprofessional conduct", and
(c) by repealing paragraph (c.1).
35
Section 34 is repealed and the following substituted:
Notice of disposition
34
If the inquiry committee disposes of a matter under section 32 (5) or
33 (6) (a) or (b), the inquiry committee must, within 30 days of
disposition, deliver to the complainant, if any, a written summary of
the disposition advising the complainant of the right to apply for a
review by the review board under section 50.6.
36
Section 35 is amended
(a) in subsection (1) by adding ", by order,"
after "may" and by
striking out "set"
and substituting "impose",
and
(b) by repealing subsection (2) and substituting the following:
(2) An
order of the inquiry committee under subsection (1) must
(a) be
in writing,
(b)
include reasons for the order,
(c) be
delivered to the complainant, if any, and to the registrant, and
(d)
advise the registrant of the registrant's right to appeal the order to
the Supreme Court.
37
Section 36 (1.1) is repealed and the following substituted:
(1.1) If
a consent or undertaking given under subsection (1) relates to a
complaint made under section 32 (1), the inquiry committee must, within
30 days of the consent or undertaking being given, deliver to the
complainant a written summary of the consent or undertaking advising
the complainant of the right to apply for a review by the review board
under section 50.6.
38
Section 37.1 is amended
(a) by repealing subsection (3) (a) and (b) and substituting the
following:
(a) the
inquiry committee must make an order consistent with the proposal, and
the order is considered to be an order of the discipline committee made
under section 39, and , and
(b) by repealing subsection (6) and substituting the following:
(6) If
the inquiry committee accepts a proposal under subsection (5), it must
make an order consistent with the proposal, the order is considered to
be an order of the discipline committee made under section 39, and
section 38 has no further application to the complaint or matter that
is the subject of the hearing.
(6.1)
Section 39 (3) (a) to (c) applies to an order made under this section
as if the order had been made by the discipline committee.
39
Section 38 (8) is amended by striking out "39
(1)," and substituting "39
(2)," and by striking out "set"
and substituting "impose".
40
Section 39 is amended
(a) in subsection (1) by adding ", by order,"
after "committee may",
(b) in subsection (3) by striking out "subsection
(2)" and substituting "this
section", by striking out "and"
at the end of paragraph (b), by adding ", and"
at the end of paragraph (c) and by adding the following paragraph:
(d)
advise the registrant of the registrant's right to appeal the order to
the Supreme Court. ,
(c) in subsection (9) by adding ", by order, "
after "under this section, may",
(d) in subsection (9) (a) by adding "made
under subsection (2)" after "stay
the order",
(e) in subsection (9) (b) by striking out "set
terms and" and substituting "impose
limits or", and
(f) by adding the following subsection:
(10)
Before taking action under subsection (2), (5), (8) or (9), the
discipline committee may consider whether, in the opinion of the
discipline committee, the matter is an appropriate case for a refund to
the complainant of all or part of any amount paid by the complainant to
the registrant for or related to a service provided by the registrant
or another person under the delegation or supervision of the
registrant, and if so, whether a refund has been offered or made by the
registrant.
41
The following sections are added:
Unprofessional conduct in
another jurisdiction or
while practising as a registrant of another college
39.1
(1) If the discipline committee learns that
(a)
another college established under this Act or a body in another
province or a foreign jurisdiction that regulates a health profession
in that province or foreign jurisdiction has found, either before or
after the registrant was registered under section 20, that the
registrant committed an act that, in the opinion of the discipline
committee, constitutes unprofessional conduct under this Act, or
(b) the
registrant has admitted, either before or after the registrant was
registered under section 20, to another college established under this
Act or to a body in another province or a foreign jurisdiction that
regulates a health profession in that province or foreign jurisdiction,
that the registrant committed an act that, in the opinion of the
discipline committee, constitutes unprofessional conduct under this Act,
the
discipline committee may, without issuing a citation under section 37
or conducting a hearing under section 38, make an order under section
39 (2) respecting the registrant, and section 39 (3), (5) and (7) to
(10) applies as if a determination had been made under section 39 (1)
by the discipline committee.
(2) The
discipline committee may take action under subsection (1) only after
giving the registrant the following:
(a)
notice of the proposed action, in accordance with the bylaws;
(b) a
copy of the record of the relevant decision or findings made or action
taken by the other college or body;
(c) an
opportunity to be heard, which may be limited to a hearing in writing.
(3) For
the purposes of this section, a certified copy of a record of the
decision or findings made or action taken by the other college or body
in respect of a registrant is proof, in the absence of evidence to the
contrary, of the findings made or the action taken, without proof of
the signature of the person purporting to have signed on behalf of that
college or body.
Consideration of past action
39.2
(1) Before taking any action respecting a registrant under the
following provisions, the registrar, inquiry committee or discipline
committee may consider any action previously taken under Part 3
respecting the registrant:
(a) in
the case of the registrar or the inquiry committee, section 32, 32.2
or 32.3;
(b) in
the case of the inquiry committee, section 33 or sections 35 to 37.1;
(c) in
the case of the discipline committee, section 38 (8), 39 (2), (5), (8)
or (9) or 39.1 (1).
(2) The
registrar, inquiry committee or discipline committee may, in applying
subsection (1), consider
(a) any
action under Part 3 respecting the registrant that occurred or was
recorded before the coming into force of this section, or
(b) any
action, similar to an action that may be taken under Part 3, that was
taken by the governing body for a health profession under a former
enactment regulating the health profession.
Public notification
39.3
(1) Subject to subsections (3) and (4), the inquiry committee or
discipline committee, as the case may be, must direct the registrar to
notify the public of the information set out in subsection (2) with
respect to any of the following actions:
(a) an
action taken under section 32.2 (4) (b), 32.3 (3) (b), 33 (2) or 35 (1);
(b) a
consent or undertaking given under section 36 (1) in relation to a
serious matter;
(c) a
consent order made under section 37.1;
(d) a
determination made under section 39 (1);
(e) an
order made under section 38 (8), 39 (2), (5), (8) or (9), 39.1 (1) or
44 (1) or (2).
(2) The
following information must be included in the notification required
under this section:
(a) the
name of the registrant respecting whom or the health profession
corporation respecting which the action was taken;
(b) a
description of the action taken;
(c) the
reasons for the action taken.
(3) In
the following circumstances, the inquiry committee or discipline
committee, as the case may be, must direct the registrar to withhold
all or part of the information otherwise required to be included in the
public notification under this section:
(a) the
inquiry committee or discipline committee considers it necessary to
protect the interests of the complainant, if any, in the matter, or
another person, other than the registrant, affected by the matter;
(b) the
complainant, if any, in the matter, or another person, other than the
registrant, affected by the matter, has requested that the notification
not contain information that could reasonably be expected to identify
the complainant or the other person.
(4)
Subject to subsection (5), in the case of
(a) an
admission by a registrant that he or she suffers from a condition
described in section 33 (4) (e), or
(b) a
determination made regarding a registrant under section 39 (1) (e),
the
inquiry committee or discipline committee, as the case may be, must
direct the registrar to withhold all or part of the information
otherwise required to be included in the public notification under this
section if the information could reasonably be expected to identify the
registrant or personal health information of the registrant respecting
the condition.
(5) In
the case of a determination made regarding a registrant under section
39 (1) (e), information respecting the registrant must not be withheld
under subsection (4) unless the discipline committee is satisfied that
the privacy interests of the registrant outweigh the public interest in
public notification of the information.
(6) If
information respecting a registrant is withheld under subsection (4),
the public notification must indicate that information has been
withheld.
(7) The
notification required under this section may be made by posting a
notice on the college website.
Funding for therapy and
counselling
39.4
(1) A board must establish a program for its college to provide
funding, in accordance with the regulations, for therapy and
counselling for a person who has been psychologically or emotionally
harmed as the result of professional misconduct by a registrant while
the registrant was providing services to the person.
(2) A
person is eligible for funding under subsection (1) only if
(a) the
discipline committee has made a finding that the registrant committed
professional misconduct with respect to the person while the registrant
was providing services to that person, and
(b) the
requirements prescribed by the minister are met.
42
Section 40 is amended
(a) by repealing subsection (1) and substituting the following:
(1) A
college, a respondent described in section 38 (2) or a registrant
described in section 39.1 (1), aggrieved or adversely affected by an
order of the discipline committee under section 39 or 39.1 (1), may
appeal the order to the Supreme Court. , and
(b) by repealing subsections (4) to (6) and substituting the following:
(4) The
petition commencing an appeal under this section must, within 14 days
of its filing in the court registry, be served on
(a) the
college, effected by service on the registrar, if the appellant is a
respondent described in section 38 (2) or a registrant described in
section 39.1 (1),
(b) the
respondent or the registrant, if the appellant is the college, and
(c) the
complainant, if the matter relates to a complaint.
(5) Only
the persons required to be served under subsection (4) (a) and (b) may
be parties to an appeal.
43
Section 42 is amended
(a) in subsection (1) by striking out "performed"
and substituting "provided",
and
(b) in subsection (2) (b) by striking out "direct".
44
Section 43 (1) is amended
(a) in paragraph (f) by striking out "direct",
and
(b) in paragraph (h) by adding "and conditions"
after "requirements".
45
Section 44 is amended
(a) in subsection (1) by adding ", by order,"
after "board", and
(b) in subsection (2) by adding ", by order,"
after "board".
46
Section 49 is amended
(a) in subsection (3) (e) by striking out "and
conditions that may be attached to permits,"
and substituting "and the limits or
conditions that may be imposed on permits,", and
(b) in subsection (5) by striking out "19
(3), (3.2), (4) and (7)" and substituting "19 (3) to
(4) and (6.2)".
47
Section 50 is amended
(a) in subsections (1) and (2) by striking out "Lieutenant
Governor in Council" and substituting "minister",
and
(b) in subsection (3) by adding "by the
minister" after "prescribed".
48
The following Part is added:
Part 4.2
— Health Professions Review Board
Definitions for Part 4.2
50.5
In this Part:
"chair"
means the chair of the Health Professions Review Board;
"registration
committee" includes
(a) the
registrar or board for a college, as the case may be, and
(b) if
a college has established one or more classes of certified
non-registrants, the person or committee authorized under the bylaws of
the college to certify persons as certified non-registrants;
"registration
decision" means a decision made by a registration
committee
(a) to
refuse to grant an application for registration as a member of a
college under section 20, except for a refusal under section 20 (2.1)
or (3),
(b) to
grant registration in a class of registrants under section 20 with
limits or conditions on the practice of the designated health
profession by the registrant, except limits or conditions imposed under
section 20 (2.1) or (3), or
(c) if
a college has established one or more classes of certified
non-registrants, to refuse an application for certification as a
certified non-registrant.
Health Professions Review
Board established
50.51
(1) The Health Professions Review Board is established consisting of
the members appointed by the Lieutenant Governor in Council.
(2) The
chair of the review board must be a member or former member of the Law
Society of British Columbia or a law society of another province of
Canada.
(3) A
person may not be a member of the review board if the person is
(a) a
registrant of a college or a certified non-registrant,
(b) a
member of a body, in another province or a foreign jurisdiction, that
regulates a health profession in that other province or foreign
jurisdiction,
(c) an
employee or agent of the government of British Columbia, or
(d) an
employee or agent of the government of another province or a foreign
jurisdiction.
Application of Administrative
Tribunals Act to the review board
50.52
The following sections of the Administrative Tribunals Act
apply to the review board:
(a)
section 1 [definitions];
(b)
section 2 [chair's initial term and reappointment];
(c)
section 3 [member's initial term and reappointment];
(d)
section 4 [appointment of acting chair];
(e)
section 5 [member's absence or incapacitation];
(f)
section 6 [member's temporary appointment];
(g)
section 7 [powers after resignation or expiry of term];
(h)
section 8 [termination for cause];
(i)
section 9 [responsibilities of the chair];
(j)
section 10 [remuneration and benefits for members];
(k)
section 26 [organization of tribunal];
(l)
section 27 [staff of tribunal];
(m)
section 30 [tribunal duties];
(n)
section 55 [compulsion protection];
(o)
section 56 [immunity protection for tribunal and members].
Powers and duties of review
board
50.53
(1) The review board has the following powers and duties:
(a) on
application under section 50.54 (2), to review a registration decision;
(b) on
application by a registrant or complainant under section 50.57 (1), to
review the failure, by the inquiry committee, to dispose of a complaint
made under section 32 (1) or an investigation under section 33 (4)
within the time required under section 50.55;
(c) on
application by a complainant under section 50.6, to review a
disposition of a complaint made by the inquiry committee under section
32 (3), 33 (6) (a) to (c) or 37.1;
(d) to
develop and publish guidelines and recommendations for the purpose of
assisting colleges to establish and employ registration, inquiry and
discipline procedures that are transparent, objective, impartial and
fair.
(2) In
exercising its powers and performing its duties under subsection (1)
(d), the review board may consult with colleges, registrants, members
of health profession associations and any other persons that the review
board considers necessary or appropriate.
Review of registration
decisions
50.54
(1) In this section, "applicant" means
(a) a
person applying for registration as a member of a college who is
refused a grant of registration under section 20, except for a refusal
under section 20(2.1) or (3),
(b) a
registrant who is granted registration in a class of registrants under
section 20 (2) with limits or conditions on the practice of
the designated health profession by the registrant, except limits or
conditions imposed under section 20 (2.1) or (3), or
(c) a
person applying for certification as a certified non-registrant who is
refused certification.
(2) An
applicant may apply to the review board for a review of a registration
decision.
(3) An
application under subsection (2) must be made within 30 days of the day
on which written notice of the registration decision is delivered to
the applicant.
(4) An
applicant applying for review under subsection (2) must, within the
time period set out in subsection (3), deliver a copy of the
application to the college.
(5) Only
the applicant and the college may be parties to a review under this
section.
(6) On
receipt of an application under subsection (2), the review board must
conduct a review of the registration decision.
(7) A
review under this section is a review on the record.
(8) The
review board may hear evidence that is not part of the record as
reasonably required by the review board for a full and fair disclosure
of all matters related to the issues under review.
(9) On
completion of its review under this section, the review board may make
an order
(a)
confirming the registration decision,
(b)
directing the registration committee to make a decision that could have
been made by the registration committee in the matter, or
(c)
sending the matter back to the registration committee for
reconsideration with directions.
(10) The
review board may make an order under subsection (9) directing the
registration committee to grant registration with or without limits or
conditions, or certification, as the case may be, only if the review
board is satisfied that
(a) the
registration committee failed to act fairly in considering the
application for registration or certification,
(b) the
registration decision
(i)
was made arbitrarily or in bad faith,
(ii)
was made for an improper purpose,
(iii) was based entirely or predominantly on irrelevant factors, or
(iv)
failed to take requirements under this Act into account, and
(c) the
conditions described in subsection (11) (a) or (b) are met.
(11) The
following conditions apply for the purposes of subsection (10) (c):
(a) in
the case of a person applying for registration as a member of the
college,
(i)
the person's knowledge, skills and abilities must be substantially
equivalent to the standards of academic or technical achievement and
the competencies or other qualifications required for registration in a
class of registrants, and
(ii)
the applicant must meet any other conditions or requirements for
registration in the class of registrants;
(b) in
the case of a person applying for certification as a certified
non-registrant,
(i)
the applicant's knowledge, skills and abilities must be substantially
equivalent to the training or educational requirements for
certification in a class of certified non-registrants, and
(ii)
the applicant must meet any other conditions or other requirements for
certification in the class of certified non-registrants.
(12) The
review board must, no later than 30 days after making its order under
subsection (9), deliver a copy of the order to the parties to the
review.
Timeliness of inquiry
committee investigations
50.55
(1) In this section and in sections 50.57, 50.58 and 50.6, "registrant"
means a registrant as defined in section 26.
(2) If a
complaint made under section 32 (1) or an investigation by the inquiry
committee under section 33 (4) has not been disposed of under section
32 (3) or 33 (6) within the period prescribed by the minister, the
inquiry committee must, not later than 30 days after the expiry of the
prescribed period, deliver written notice of that fact and an expected
date of disposition to the following:
(a) the
registrant under investigation;
(b) the
complainant, if any.
(3) The
expected date of disposition referred to in subsection (2) must fall
within a further period, prescribed by the minister, from the date of
the written notice referred to in that subsection.
(4) If
the inquiry committee has not disposed of the complaint or the
investigation by the expected date of disposition set out in the notice
required under subsection (2), the inquiry committee must, not later
than 30 days after that date, deliver written notice of and reasons for
the delay, a new expected date of disposition and the right to apply
for a review under section 50.57 to the following:
(a) the
registrant;
(b) the
complainant, if any;
(c) the
review board.
(5) The
new expected date of disposition referred to in subsection (4) must not
be later than 45 days following the date of the expected date of
disposition set out in the notice required under subsection (2).
(6) If
the inquiry committee has not disposed of the complaint or the
investigation by the new expected date of disposition set out in the
notice required under subsection (4), the inquiry committee must,
within 30 days after that date, deliver written notice to that effect
to the following:
(a) the
registrant;
(b) the
complainant, if any;
(c) the
review board.
Investigation by inquiry
committee suspended
50.56
If the inquiry committee has not disposed of a complaint or
investigation on or before the new expected date of disposition set out
in the notice required under section 50.55 (4), the investigation by
the inquiry committee is suspended until the time period to file an
application for review under section 50.57 (1) has expired and either
(a) no
application has been filed, or
(b) an
application has been filed and the review board proceeds under section
50.58 (1) (a) or (b).
Review — delayed
investigation
50.57
(1) A registrant or any complainant may apply to the review board for
review of a complaint or investigation described in section 50.53 (1)
(b) no later than 30 days after the date on which the notice required
under section 50.55 (6) is delivered to the registrant or complainant.
(2) A
person making an application for review under subsection (1) must,
within the time period set out in that subsection, deliver a copy of
the application
(a) to
the inquiry committee,
(b) if
the person is the registrant, to the complainant, if any, and
(c) if
the person is the complainant, to the registrant.
Duties and powers of review
board — review of delayed investigations
50.58
(1) Upon receipt of an application under section 50.57, the review
board may
(a) by
order, send the matter back to the inquiry committee, with directions
the review board considers appropriate, to continue and complete the
investigation and dispose of the matter within the time period directed
by the review board, or
(b)
investigate and dispose of the matter under section 33 (6).
(2) The
review board must, within 30 days of receipt of the application,
deliver written notice of the action taken or to be taken by the review
board with respect to the matter to
(a) the
inquiry committee,
(b) the
registrant, and
(c) the
complainant, if any.
Investigation by inquiry
committee terminated
50.59
If the review board investigates a matter under section 50.58 (1) (b),
(a) the
inquiry committee has no further jurisdiction to investigate the matter
and must cease all activities related to its investigation, and
(b) the
review board has all the powers of the inquiry committee with respect
to the investigation and disposition of the matter, and may appoint an
inspector who has all the powers and duties of an inspector under
section 28 as if the inspector were appointed by the inquiry committee
under section 27.
Review of inquiry committee
decisions
50.6
(1) A complainant may apply to the review board for a review of a
disposition described in section 50.53 (1) (c).
(2) An
application under subsection (1) must be made within 30 days of the day
on which written notice of the disposition is delivered to the
complainant.
(3) A
complainant under subsection (1) must, within the time period set out
in subsection (2), deliver a copy of the application to the college and
the registrant who is the subject of the complaint.
(4) Only
the complainant, the college and the registrant may be parties to a
review under this section.
(5) On
receipt of an application under subsection (1), the review board must
conduct a review of the disposition and must consider one or both of
the following:
(a) the
adequacy of the investigation conducted respecting the complaint;
(b) the
reasonableness of the disposition.
(6) A
review under this section is a review on the record.
(7) The
review board may hear evidence that is not part of the record as
reasonably required by the review board for a full and fair disclosure
of all matters related to the issues under review.
(8) On
completion of its review under this section, the review board may make
an order
(a)
confirming the disposition of the inquiry committee,
(b)
directing the inquiry committee to make a disposition that could have
been made by the inquiry committee in the matter, or
(c)
sending the matter back to the inquiry committee for reconsideration
with directions.
(9) The
review board must, no later than 30 days after making an order under
subsection (8), deliver a copy of the order to the parties to the
review.
Procedural requirements
— application for review
50.61
(1) An application for a review under this Part must
(a) be
in writing,
(b)
identify the decision or investigation or disposition for which a
review is being requested,
(c)
state the relief being sought, and in the case of a decision or
disposition, why the decision or disposition should be changed,
(d)
contain the name, address and telephone number of the applicant, and if
the applicant has an agent to act on the applicant's behalf in respect
of the review, the name of the agent and the telephone number at which
the agent may be reached during regular business hours,
(e)
include an address for service for the purpose of delivery of any
notices in respect of the review, and
(f) be
signed by the applicant or the applicant's agent.
(2) An
application for a review under this Part must be accompanied by the fee
prescribed by the Lieutenant Governor in Council.
(3)
Despite subsections (1) and (2), if an application for review is
deficient or if the prescribed fee is outstanding, the chair or the
chair's delegate may allow a reasonable period of time within which the
application is to be corrected or the fee is to be paid.
(4) On
application, the review board may extend the time for filing an
application for review under this Part, even if the time for filing an
application has expired, if the review board is satisfied that special
circumstances exist.
Review does not operate as
stay
50.62
Subject to sections 50.56 and 50.59, the commencement of a review under
this Part does not operate as a stay or suspend the operation of the
decision, investigation or disposition under review unless the review
board orders otherwise.
Exclusive jurisdiction of
review board
50.63
(1) The review board has exclusive jurisdiction to inquire into, hear
and determine all those matters and questions of fact, law and
discretion arising or required to be determined in a review or an
investigation and disposition under this Part and to make any order
permitted to be made.
(2) A
decision or order of the review board under this Part on a matter in
respect of which the review board has exclusive jurisdiction is final
and conclusive and is not open to question or review in any court.
Application of Administrative
Tribunals Act to review board for purposes of reviews
50.64
The sections of the Administrative Tribunals Act
set out in Column 1 of the Schedule, as described opposite them in
Column 2, apply for the purposes of a review under section 50.54 or
50.6.
Reports to minister
50.65
(1) The chair must, not later than July 31 in each year, submit to the
minister an annual report respecting the activities of the review board
in the immediately preceding calendar year, in the form and containing
the information required by regulation of the minister.
(2) The
chair may, at any other time the chair considers necessary or
appropriate, submit to the minister a report respecting the activities
of the review board, or any matters arising from those activities, that
the chair considers should be brought to the minister's attention.
49
Section 51 (1) is amended by striking out "section
13 (1), (2), (3) or (4)," and substituting "section
12.1 (1), (2) or (3), 13 (1), (2) or (3),".
50
Section 52 (1) is amended by striking out "A
board or a person" and substituting "Any
person".
51
The following sections are added:
Collection and disclosure
of health human resources information
52.2
(1) In this section and in section 52.4:
"health
human resources information" means statistical and other
information, prescribed by the minister, respecting registrants,
persons applying for registration as a member of a college, certified
non-registrants and non-registrants applying for certification under
the bylaws of a college;
"health
human resources planning and management" means planning
and taking action to ensure the sufficiency and appropriate
distribution of health professionals in the Province;
"personal
information" has the same meaning as in the Freedom
of Information and Protection of Privacy Act.
(2) A
college must, in accordance with the regulations of the minister,
(a)
collect health human resources information and personal information, as
considered necessary or appropriate by the minister for the purposes of
health human resources planning and management, directly from
(i)
registrants,
(ii)
certified non-registrants,
(iii) persons applying for registration as a member of the college, and
(iv)
non-registrants applying for certification under the bylaws of the
college,
(b)
assign a unique identification number for each person for whom
information is collected under paragraph (a), and
(c)
provide health human resources information to the minister.
(3) A
college must not disclose to the minister or any other person, in
individually identifiable form, any personal information collected
under this section.
Obligation of registrants
to provide information
52.3
A registrant or a certified non-registrant who receives a request for
health human resources information and personal information under
section 52.2 (2) (a) from the college of which the registrant is a
member or by which the certified non-registrant is certified must
provide the health human resources information and personal information
to the college in accordance with the regulations of the minister.
Use of health human
resources information by government
52.4
The minister may use health human resources information provided by a
college under section 52.2 (2) (c) as the minister considers necessary
or appropriate for the purposes of health human resources planning and
management, including publishing the information for those purposes.
52
Section 53 is amended
(a) in subsection (1) by striking out "duty
or function under this Act" and substituting "duty
under this Act",
(b) in subsection (1) (a) by striking out "or
function",
(c) in subsection (1) (b) by striking out "power,
duty or function" and substituting "power
or duty", and
(d) in subsections (2) and (3) by striking out "or
function".
53
Section 55 is amended
(a) by striking out "Lieutenant Governor in
Council" in both places and substituting "minister",
(b) by repealing subsection (2) (e), (f) and (g) and substituting the
following:
(d.1)
establishing the prescribed number of days for the purposes of section
19 (3.1),
(e)
prescribing, for the purposes of section 21 (2) (e), the additional
information required to be included in the register, the time periods
for which information must be kept for the register, and the conditions
or requirements for the removal of information from the register,
(e.1)
specifying, for the purposes of section 22 (2), the circumstances in
which the registrar must or may refuse a person access to the register
or to any information in the register,
(f.1)
specifying the requirements for a college website for the purposes of
section 18 (3), including requirements for the information to be posted
on the website and the format for posting that information,
(g)
prescribing activities for the purposes of the definition of
"restricted activity" in section 1, ,
(c) in subsection (2) by striking out "and"
at the end of paragraph (h) and by adding the following paragraphs:
(j)
prescribing the oath of office for the purposes of section 17.11,
(k)
specifying the form and content of an annual report required under
section 18 (2),
(l)
respecting requirements for quality assurance programs established
under section 19 (1) (k.2),
(m)
respecting funding of therapy and counselling for the purposes of
section 39.4,
(n)
prescribing information for the purposes of the definition of "health
human resources information" in section 52.2 (1),
(o)
establishing the time periods and form and manner for providing
information under sections 52.2 (2) (c) and 52.3,
(p)
prescribing the time periods for the purposes of section 50.55 (2) and
(3),
(q)
prescribing a health profession for the purposes of sections 12 (3), 19
(6.2) and (7), 50 (3), 50.3 (4) and subsection (3) of this section,
(r)
specifying the form and content of reports required under section 50.65
(1),
(s)
prescribing an agreement for the purposes of section 20.4 (2) (a)
(iii). ,
(d) in subsection (3) by adding "by the
minister" after "prescribed",
and
(e) by adding the following subsection:
(5) A
regulation made under subsection (2) (l) may be different for different
colleges or different groups of colleges.
54
The following section is added:
Regulations of the
Lieutenant Governor in Council
56
The Lieutenant Governor in Council may make regulations respecting any
matter for which regulations by the Lieutenant Governor in Council are
contemplated by this Act.
55
The following Schedule is added:
Schedule
(Section
50.64)
Column 1
Section of Administrative Tribunals Act |
Column 2
Description |
| Section 11 |
[general power to
make rules respecting practice and procedure] |
| Section 12 |
[practice
directives review board must make] |
| Section 13 |
[practice
directives review board may make] |
| Section 14 |
[general power to
make orders] |
| Section 15 |
[interim orders] |
| Section 16 |
[consent orders] |
| Section 17 |
[withdrawal or
settlement of review] |
| Section 18 |
[failure of party
to comply with review board orders and rules] |
| Section 19 |
[service of notice
or documents] |
| Section 20 |
[when failure to
serve does not invalidate proceeding] |
| Section 21 |
[notice of hearing
by publication] |
| Section 28 |
[appointment of
person to conduct dispute resolution process] |
| Section 29 |
[disclosure
protection] |
| Section 31 |
[summary dismissal] |
| Section 32 |
[representation of
parties to a review] |
| Section 33 |
[interveners] |
| Section 34 (3) |
[order to give
evidence or produce documents] |
| Section 34 (4) |
[application to
court by review board for order requiring person to comply] |
| Section 35 |
[recording of
review board proceedings] |
| Section 36 |
[form of review
hearing] |
| Section 37 |
[reviews involving
similar questions] |
| Section 38 |
[examination of
witnesses] |
| Section 39 |
[adjournments] |
| Section 40 |
[information
admissible in review board proceedings] |
| Section 41 |
[hearings open to
public] |
| Section 42 |
[discretion to
receive evidence in confidence] |
| Section 44 |
[review board
without jurisdiction over constitutional questions] |
| Section 46.2 |
[limited
jurisdiction and discretion to decline jurisdiction to apply the Human
Rights Code] |
| Section 47 |
[power to award
costs] |
| Section 48 |
[maintenance of
order at hearings] |
| Section 49 |
[contempt
proceeding for uncooperative witness or other person] |
| Section 50 |
[decisions] |
| Section 51 |
[final decision] |
| Section 52 |
[notice of decision] |
| Section 53 |
[amendment to final
decision] |
| Section 54 |
[enforcement of
review board's final decision] |
| Section 57 |
[time limit for
judicial review] |
| Section 58 |
[standard of review
— privative clause] |
| Section 60 |
[power to make
regulations] |
| Section 61 |
[application of
Freedom of Information and Protection of Privacy Act] |
Transitional
Provisions
Transition —
college board reviews of registration decisions
56
(1) Section 20.2 of the Health Professions Act,
as it read immediately before the coming into force of section 21 of
this Act, continues to apply with respect to a matter for which, on or
before the date section 21 of this Act comes into force, a review on
the record has been requested in accordance with section 20.2 of the Health
Professions Act.
(2) If
on completion of a review on the record referred to in subsection (1),
the board for the college sends the matter back to the registration
committee for the college with directions, the procedures established
under amendments to the Health Professions Act by
this Act for review of registration decisions by the Health Professions
Review Board apply.
Transition —
appeals to Supreme Court of registration decisions
57
Section 20.3 of the Health Professions Act, as it
read immediately before the coming into force of section 21 of this
Act, continues to apply with respect to a matter for which, on or
before the date section 21 of this Act comes into force, an appeal has
been filed with the Supreme Court under section 40 of the Health
Professions Act.
Transition —
college board reviews of investigations
58
(1) Section 34 of the Health Professions Act, as
it read immediately before the coming into force of section 35 of this
Act, continues to apply with respect to a matter for which, on or
before the date section 35 of this Act comes into force, a review has
been requested in accordance with section 34 of the Health
Professions Act as it read before section 35 of this Act
comes into force.
(2) If
on completion of a review referred to in subsection (1), the board for
a college directs the inquiry committee for the college to act under
section 33 (6) or 36, the procedures established under amendments to
the Health Professions Act by this Act for review
of inquiry decisions by the Health Professions Review Board apply.
Consequential
Amendments
Freedom
of Information and Protection of Privacy Act
59
Schedule 2 of the Freedom of Information and Protection of
Privacy Act, R.S.B.C. 1996, c. 165, is amended by adding the
following:
| Public Body: |
Health Professions Review Board |
| Head: |
Chair . |
Health
Professions Amendment Act, 2003
60
Section 17 of the Health Professions Amendment Act, 2003, S.B.C. 2003,
c. 57, as it enacts section 25.2 of the Health Professions Act,
R.S.B.C. 1996, c. 183, is amended by adding the following subsections:
(5.1) In
the case of a suspension under subsection (3) or (5), section 39.3
applies as if
(a) the
suspension were an action specified in section 39.3 (1), and
(b) the
board were the inquiry committee.
(6.1)
For the purpose of subsection (6) (b), sections 39 (2) (b) to (e), (3),
(8) and (9), 39.3 and 40 apply as if the board were the discipline
committee.
61
Section 17, as it enacts section 25.5 of the Health
Professions Act, R.S.B.C.
1996, c. 183, is amended
(a) in subsection (1) (e) by adding "established
under section 19 (1) (t)" after "committee",
and
(b) by repealing subsection (2).
62
Section 17, as it enacts section 25.6 (2) (c) (i) and (4) (d) of the Health
Professions Act, R.S.B.C. 1996, c. 183, is amended by
striking out "set"
and substituting "impose".
63
Section 17, as it enacts section 25.6 of the Health Professions Act,
R.S.B.C. 1996, c. 183, is amended
(a) in subsection (8) by striking out "section"
and substituting "sections"
and by striking out "applies"
and substituting "and 39.3 apply",
and
(b) by adding the following subsections:
(5.1) In
the case of an action taken under subsection (2) (c) or (4) (d) or (e),
section 39.3 applies as if
(a) the
action were an action specified in section 39.3 (1), and
(b) the
registrar or executive committee, as the case may be, were the inquiry
committee.
(6.1) If
the executive committee orders under subsection (6) (b) that the
inquiry committee cease an investigation under section 33,
(a) the
order is considered to be a disposition, under section 33 (6) (b), by
the inquiry committee of a complaint, and
(b)
section 34 and Part 4.2 apply as if the executive committee were the
inquiry committee.
(6.2) If
the executive committee orders under subsection (6) (b) that the
inquiry committee delay undertaking an investigation under section 33,
(a) the
executive committee must, no later than 30 days after the order is
made, deliver written notice of and written reasons for the delay to
the complainant, and
(b)
section 50.55 (2) to (6) does not apply.
(6.3) If
an investigation is delayed in accordance with subsection (6) (b) and
the inquiry committee does not dispose of the complaint within the time
prescribed by the minister,
(a)
section 50.53 (1) (b) applies as if the inquiry committee has not
disposed of the complaint within the time required under section 50.55,
(b) the
inquiry committee must, no later than 30 days after the expiry of the
prescribed time, deliver to the complainant written notice that the
complaint has not been disposed of, the reasons for the delay and the
right to request a review under section 50.57,
(c)
section 50.56 applies as if the date of expiry of the prescribed time
were the new expected date of disposition which would have been set out
in a notice otherwise required under section 50.55 (4), and
(d)
section 50.57 (1) applies as if the date on which the notice under
paragraph (b) is delivered to the complainant were the date by which a
notice under section 50.55 (6) would otherwise have been required to
have been delivered.
64
Section 19, as it enacts section 26.1 (1) of the Health
Professions Act, R.S.B.C. 1996, c. 183, is amended
by striking out "establish a program of
quality assurance" and substituting "administer
a quality assurance program".
65
Section 34, as it enacts Part 4.1 of the Health Professions
Act, R.S.B.C. 1996, c. 183, is amended by repealing the
heading to that Part and substituting the following:
Part 4.1
— Restricted Activities .
66
Section 34, as it enacts section 50.1 of the Health
Professions Act, R.S.B.C. 1996, c. 183, is repealed.
67
Section 34, as it enacts section 50.2 (1) of the Health
Professions Act, R.S.B.C. 1996, c. 183, is repealed
and the following substituted:
(1) A
person must not perform a restricted activity in the course of
providing a service described in, or doing work described by, the
definition of "health profession" in section 1, unless
(a) the
person is a registrant of a college whose registrants are authorized by
a regulation under section 12 to perform the restricted activity in the
course of providing services,
(b) the
person is delegated to perform the restricted activity, or authorized
to perform the restricted activity under supervision, by a registrant
described in paragraph (a), and the delegation or supervision is
consistent with section 50.3 and any regulations made under section
50.3,
(c) the
person is exempted, or is a member of a class of persons exempted, by
the regulations of the minister from the prohibition against performing
the restricted activity, or
(d) the
restricted activity is performed in the course of an activity exempted
by the regulations of the minister.
68
Section 34, as it enacts section 50.3 (1) of the Health
Professions Act, R.S.B.C. 1996, c. 183, is amended
by striking out "reserved action by a
registrant" and substituting "restricted
activity by a registrant, or the authorization by a registrant to
perform a restricted activity under the supervision of a registrant,".
69
Section 34, as it enacts section 50.3 (2) of the Health
Professions Act, R.S.B.C. 1996, c. 183, is repealed
and the following substituted:
(2) A
registrant of a college may only
(a)
delegate a restricted activity to a registrant of another college, or
(b)
authorize a registrant of another college to perform a restricted
activity under the supervision of the authorizing registrant or another
registrant of the authorizing registrant's college
if the
delegation or authorization is made in accordance with the bylaws of
the other college. ,
70
Section 34, as it enacts section 50.3 (2.1) of the Health Professions
Act, R.S.B.C. 1996, c. 183, is repealed and the following substituted:
(2.1)
The delegation of a restricted activity to a certified non-registrant,
or the authorization of a certified non-registrant to perform a
restricted activity under the supervision of a registrant, must be in
accordance with any bylaws of a college that apply to the certified
non-registrant.
71
Section 34, as it enacts section 50.3 (3) of the Health Professions
Act, R.S.B.C. 1996, c. 183, is amended
(a) in paragraph (a) by striking out "reserved
actions" and substituting "one
or more restricted activities" and by adding "or
for which authorization to perform under supervision must not be given"
before ", or", and
(b) in paragraph (b) by striking out "terms
and" and substituting "limits
or" and by striking out "reserved
action." and substituting "restricted
activity or the authorization to perform a restricted activity under
supervision."
72
Section 34, as it enacts section 50.3 of the Health Professions Act,
R.S.B.C. 1996, c. 183, is amended
(a) by adding the following subsection:
(3.1) A
regulation under subsection (3) may
(a)
apply generally to all designated health professions or to one or more
designated health professions, or
(b) be
different for different designated health professions. , and
(b) in subsection (4) by adding "by the
minister" after "prescribed".
73
Section 34, as it enacts section 50.4 (1) of the Health Professions
Act, R.S.B.C. 1996, c. 183, is amended
(a) in the words before paragraph (a) by striking out "reserved
action" in both places and substituting "restricted
activity", and
(b) by repealing paragraph (b) and substituting the following:
(b)
fulfilling the conditions or requirements for registration as a member
of a college whose registrants are authorized by a regulation under
section 12 to perform the restricted activity, and the restricted
activity is performed under the supervision of a registrant of a
college specified for the purposes of this paragraph by the board for
the college for which the person is fulfilling the conditions or
requirements for registration, or .
74
Section 37, as it enacts section 52.1 of the Health
Professions Act, R.S.B.C. 1996, c. 183, is repealed
and the following substituted:
Restriction on use of terms
52.1
(1) A person who provides a service described in, or whose work is
described by, the definition of "health profession" in section 1 must
not use any of the following in association with or as part of a title
describing the person's work or in association with a description of
the person's work, unless that person is a registrant of a college and
uses that term in accordance with any regulations of the minister and
any bylaws of the college:
(a) the
term "regulated", "registered", "licensed" or "certified";
(b) an
abbreviation of a term set out in paragraph (a);
(c) an
equivalent in another language of a term listed in paragraph (a).
(2)
Subject to section 12.1 (3) and despite subsection (1) of this section,
a person's use of a term, abbreviation or equivalent referred to in
subsection (1) in association with or as part of a title describing the
person's work or in association with a description of the person's work
is not a contravention of subsection (1) if
(a) the
person is a member of an organization or a class of persons specified
in a regulation of the minister and uses the term, abbreviation or
equivalent in accordance with any limits or conditions specified in the
regulation, or
(b) the
person is authorized by a body in another province or a foreign
jurisdiction, that regulates a health profession in that other province
or foreign jurisdiction, to use the term, abbreviation or equivalent in
association with or as part of a title to indicate membership in that
body and, in using the term, indicates
(i)
whether the person is authorized to practise the health profession in
the other province or foreign jurisdiction, and
(ii)
the name of the other province or foreign jurisdiction.
(3) A
person using a term, abbreviation or equivalent as described in
subsection (2) (b) may use the term, abbreviation or equivalent only
for the purpose of indicating whether the person is authorized to
practise the health profession in the other province or foreign
jurisdiction.
(4) A
regulation under subsection (2) (a) may prescribe limits or conditions
on the use of a term, an abbreviation of a term, or an equivalent of a
term in another language, as referred to in subsection (1).
Health
Professions Amendment Act (No. 2), 2003
75
Section 1 of the Health Professions Amendment Act (No. 2),
2003, S.B.C. 2003, c. 73, as it enacts section 25.8 of the Health
Professions Act, R.S.B.C. 1996, c. 183, is amended
(a) in the definition of "interchangeable drug"
by striking out "drug prescribed"
and substituting "drug referred to in a
prescription", and
(b) by repealing the definition of "practice of pharmacy"
and substituting the following:
"practice
of pharmacy" means the services or restricted activities
described in section 12 (2) (c) to (g.2) that may be provided or
performed by a pharmacist; .
76
Section 1, as it enacts section 25.91 (2) of the Health
Professions Act, R.S.B.C. 1996, c. 183, is amended
by striking out "prescribed drug."
and substituting "drug referred to in the
prescription."
77
Section 1, as it enacts section 25.92 (1) of the Health
Professions Act, R.S.B.C. 1996, c. 183, is amended
by striking out "prescription drug or device"
and substituting "drug or device referred to
in a prescription".
78
Section 1, as it enacts section 25.92 (2) of the Health
Professions Act, R.S.B.C. 1996, c. 183, is amended
(a) by striking out "dispense a drug or
device contrary to the terms of a prescription"
and substituting "renew a prescription, or
dispense a drug or device contrary to the terms of a prescription,",
(b) in paragraph (a) by adding "in the case
of dispensing a drug or device contrary to the terms of a prescription,"
before "if the prescription",
(c) by repealing paragraphs (b) and (c) and substituting the following:
(b) if
the renewal or contrary dispensing is within the specifications
established under one of the following that has been approved by the
governing body of a hospital or by the board for the college:
(i)
a therapeutic interchange program;
(ii)
a protocol intended to optimize the therapeutic outcome of treatment
with the drug or device referred to in the prescription, or , and
(d) in paragraph (d) by adding "renewal or"
before "contrary" and
by renumbering the paragraph as paragraph (c).
Health
Statutes Amendment Act, 2006
79
Section 7 of the Health Statutes Amendment Act, 2006,
S.B.C. 2006, c. 23, as it enacts section 15.1 (5) of the Health
Professions Act, R.S.B.C. 1996, c. 183, is amended by
striking out "of this Act".
Pharmacists,
Pharmacy Operations and Drug Scheduling Act
80
Section 1 of the Pharmacists, Pharmacy Operations and Drug
Scheduling Act, R.S.B.C. 1996, c. 363, is amended in the
definition of "interchangeable drug" by striking
out "drug prescribed"
and substituting "drug referred to in a
prescription".
81
Section 30 (2) is amended by striking out "prescribed
drug." and substituting "drug
referred to in the prescription."
82
Section 31 (1) is amended by striking out "prescription
drug or device" and substituting "drug
or device referred to in a prescription".
83
Section 31 (2) is amended
(a) by striking out "dispense a drug or
device contrary to the terms of a prescription"
and substituting "renew a prescription, or
dispense a drug or device contrary to the terms of a prescription,",
(b) in paragraph (a) by adding "in the case
of dispensing a drug or device contrary to the terms of a prescription,"
before "if the",
(c) by repealing paragraphs (b) and (c) and substituting the following:
(b) if
the renewal or contrary dispensing is within the specifications
established under one of the following that has been approved by the
governing body of a hospital or by the council:
(i)
a therapeutic interchange program;
(ii)
a protocol intended to optimize the therapeutic outcome of treatment
with the drug or device referred to in the prescription, or , and
(d) in paragraph (d) by striking out "variance"
and substituting "renewal or contrary
dispensing".
Pharmacy
Operations and Drug Scheduling Act
84
Section 1 of the Pharmacy Operations and Drug Scheduling Act,
S.B.C. 2003, c. 77, is amended by repealing the definition of "practitioner"
and substituting the following:
"practitioner"
means a person
(a) who
is authorized to practise medicine, dentistry, podiatry or veterinary
medicine, or
(b) who
is
(i)
in a class of persons prescribed by the minister for the purpose of
this definition, and
(ii)
authorized under the Health Professions Act to
prescribe drugs or devices in the course of providing the services of a
designated health profession as defined in section 1 of that
Act; .
85
Section 21 (4) is repealed and the following substituted:
(4) A
bylaw under subsection (1) has no effect unless it is filed with the
minister.
(5) A
bylaw under subsection (1) comes into force on the date that falls on
the day that is the number of days, prescribed by the minister, after
the date of filing with the minister unless
(a) the
minister disallows the bylaw under subsection (6) (a),
(b) the
minister declares, under subsection (6) (b), that the bylaw comes into
force on an earlier date, or
(c) the
board withdraws the bylaw under subsection (7).
(6) If
the minister considers it necessary or advisable to do so, the minister
may, by order, within the period prescribed for the purposes of
subsection (5)
(a)
disallow the bylaw or a portion of the bylaw, or
(b)
declare that the bylaw or a portion of the bylaw comes into force on a
specified date that is earlier than the date it would otherwise come
into force under that subsection.
(7) The
board may, by written notice delivered to the minister, withdraw a
bylaw or a portion of a bylaw filed under subsection (4) at any time
before it would otherwise come into force or before it is disallowed.
(8) A
bylaw under subsection (1) may not be made, amended or repealed unless
(a)
notice of the proposed bylaw, amendment or repeal is given by the board
to the minister
(i)
at least 90 days before the proposed bylaw, amendment or repeal is
filed with the minister, or
(ii)
within a shorter period that the minister specifies as appropriate in
the circumstances, and
(b) the
proposed bylaw, amendment or repeal is, for the period referred to in
paragraph (a) of this subsection,
(i)
made available by the board for inspection by any person, free of
charge, at the office of the college at all reasonable times during
regular business hours, and
(ii)
posted by the board on the college website.
(9) The
board must
(a)
maintain a complete and accurate record of the bylaws that are in
effect under subsection (1) and provide a copy of those bylaws to each
registrant and manager,
(b)
make those bylaws available for inspection by any person, free of
charge, at the office of the college at all reasonable times during
regular business hours, and
(c)
post those bylaws on the college website.
86
Section 22 (2) is repealed and the following substituted:
(2) A
regulation under subsection (1) must be filed with the minister.
(2.1) If
the minister considers it necessary or advisable to do so, the minister
may, by order, disallow the regulation or a portion of the regulation
within the number of days, prescribed by the minister, after the date
of filing under subsection (2).
(2.2)
The board may, by written notice delivered to the minister, withdraw a
regulation or a portion of the regulation filed under subsection (1) at
any time before it is disallowed.
(2.3)
The board may not deposit a regulation with the registrar under the Regulations
Act until the earlier of the expiry of the prescribed number
of days referred to in subsection (2.1) or a date specified by order of
the minister.
(2.4) A
regulation or a portion of a regulation that is disallowed by the
minister under subsection (2.2) must not be deposited with the
registrar under the Regulations Act.
87
The following section is added:
Regulations
34.1
The minister may make regulations as follows:
(a)
prescribing a class or classes of persons for the purpose of the
definition of "practitioner" in section 1;
(b)
prescribing the number of days for the purposes of sections 21 (5) and
22 (2.1).
Commencement
88
The provisions of this Act referred to in column 1 of the following
table come into force as set out in column 2 of the table:
|
Item
|
Column 1
Provisions of Act |
Column 2
Commencement |
| 1 |
Anything not elsewhere
covered by this table |
The date of Royal Assent |
| 2 |
Section 10 (c) |
By regulation of the
Lieutenant Governor in Council |
| 3 |
Section 13 |
By regulation of the
Lieutenant Governor in Council |
| 4 |
Section 17 (z) |
By regulation of the
Lieutenant Governor in Council |
| 5 |
Section 20 |
By regulation of the
Lieutenant Governor in Council |
| 6 |
Section 21 |
By regulation of the
Lieutenant Governor in Council |
| 7 |
Section 24 (b) |
By regulation of the
Lieutenant Governor in Council |
| 8 |
Section 35 |
By regulation of the
Lieutenant Governor in Council |
| 9 |
Section 41 |
By regulation of the
Lieutenant Governor in Council |
| 10 |
Section 48 |
By regulation of the
Lieutenant Governor in Council |
| 11 |
Sections 55 to 58 |
By regulation of the
Lieutenant Governor in Council |
|