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:
SECTION 1: [Health Professions
Act, section 1] adds definitions for
"certified non-registrant",
"college website", ' "Health Professions Review Board" or "review
board" ' and "restricted activity", and amends the definition of
"minister" to
delete the reference to "function" as being redundant.
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".
SECTION 2: [Health Professions
Act, sections 6.1 to 6.5] adds provisions for
advisory panels
to provide advice to the minister respecting health professions.
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.
SECTION 3: [Health Professions
Act, section 7] amends the reference
to "prescribed fee" to indicate that the fee is prescribed by the
Lieutenant
Governor in Council.
3 Section 7
(2) is amended by striking out "prescribed fee"
and substituting "fee prescribed by the
Lieutenant Governor in Council".
SECTION 4: [Health Professions
Act, section 12] indicates that designations
of health professions
by the Lieutenant Governor in Council are for the purposes of the Act.
4 Section
12 (1) is amended by adding at the end "for
the purposes of this Act".
SECTION 5: [Health Professions
Act, section 12] substitutes the minister for
the Lieutenant
Governor in Council as having the authority to make regulations related
to
designated health professions, adds a provision respecting use of
titles for consistency
with other provisions respecting protected titles to be added by this
Bill and adds authority to establish regulations regarding protected
titles and
restricted activities and whether boards may establish classes of
restricted or
provisional registrants.
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); .
SECTION 6: [Health Professions
Act, section 12] requires that the minister
prescribe the
college of each health profession to be included in those to be
notified of proposed
regulations or changes to regulations under section 12 of the Act.
6 Section
12 (3) is amended by adding "by the minister"
before "for the purpose".
SECTION 7: [Health Professions
Act, sections 12.1 and 12.2] adds new
limitations and
restrictions on the use of a professional title protected under the
Act, including
use of abbreviations of the title and equivalents of the title in
another language.
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,
and
(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.
(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).
SECTION 8: [Health Professions
Act, section 13] is self-explanatory.
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).
SECTION 9: [Health Professions
Act, section 15] provides that a health
profession college
has the powers of a natural person and authorizes the minister to make
regulations
specifying which provisions of the Business Corporations Act,
if any,
apply to a college.
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,".
SECTION 10: [Health Professions
Act, section 16] adds several objects for
health professions
colleges, including developing fair registration, inquiry and
discipline
practices.
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.
SECTION 11: [Health Professions
Act, section 17] adds the requirement that
ministerial
appointments to the first board of a new college be made by order.
11 Section
17 (2) is amended by adding ", by order,"
after "must".
SECTION 12: [Health Professions
Act, section 17] substitutes the term
"certified non-registrant"
for "non-registrant", consequential to the definition of "certified
non-
registrant" added by this Bill, and is consequential to the requirement
that ministerial
appointments to a board of a college be made by order.
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."
SECTION 13: [Health Professions
Act, section
17.11] adds a requirement that members of a
college board take an oath of
office within 45 days of being appointed or elected to the board, adds
procedural
requirements for taking the oath and provides for consequences of
failing
to take or breaching a term of the oath.
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).
SECTION 14: [Health Professions
Act, section 17.2] removes the reference to
"functions",
as functions are included in duties, and adds a reference to the
regulations.
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".
SECTION 15: [Health Professions
Act, section 18] is self-explanatory.
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.
SECTION 16: [Health Professions
Act, section 18.2]
- amends the power to issue directives following an
inquiry into the administration of a college or state of practice of a
health profession so that the minister, rather than the Lieutenant
Governor in Council, exercises that power;
- removes the reference to "functions", as these are
included in duties;
- by removing references to section 19 (1) (m) and (n)
of the Act, permits the minister to require a board to adopt conditions
or requirements for registration in a college and requirements for
continuing education and competency of health professionals.
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 (l.4)".
SECTION 17: [Health Professions
Act, section 19]
- clarifies that a college's bylaws must be consistent
with the duties and objects of a college under the Act;
- expressly allows bylaws respecting college elections
to authorize their registrars to establish election procedures
consistent with the bylaws;
- clarifies that boards may make bylaws establishing
rules for the appointment, removal and duties of registrars and deputy
registrars;
- allows for bylaws establishing a class of restricted
or provisional registrants, or both, if a college is authorized by a
minister's regulation to do so;
- provides for bylaws respecting information a college
may require to be entered on its register, consequential to amendments
permitting a college to require information additional to that required
under the Act;
- amends the provision for bylaws establishing quality
assurance programs to reflect that those bylaws must meet the
requirements of the regulations;
- authorizes bylaws requiring registrants to pay to
colleges the fees of health profession associations or organizations,
whether registrants are members of those associations or not;
- adds authority to make bylaws respecting marketing as
well as advertising by registrants;
- clarifies that bylaws respecting committees
established under the bylaws may provide for establishing panels of
those committees;
- clarifies that bylaws respecting the executive
committee of a college may impose limits or conditions on the exercise
of the board's powers by the executive committee;
- removes the power to make bylaws respecting a
repealed provision relating to appeals from a review on the record,
consequential to the establishment of the new review process proposed
by this Bill;
- permits bylaws to establish conditions or
requirements with respect to the use of protected titles;
- deletes references to "functions" in a number of
provisions, consistent with other amendments proposed by this Bill.
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 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.
SECTION 18: [Health Professions
Act, section 19]
- clarifies the authority to make different bylaws for
different classes of either registrants or certified non-registrants of
a college;
- replaces the provisions respecting approval of bylaws
to reflect that college bylaws have no effect until filed with the
minister, that the minister may disallow a bylaw within a prescribed
period, that the board may withdraw all or part of a bylaw during that
same period or before it comes into force, and that the minister may
disallow all or portion of a bylaw or bring it into force earlier than
the expiry of the prescribed period;
- requires the minister to disallow a bylaw if the
minister is not satisfied that it adequately provides for the election
of registrants to the board of a college or for the objects of colleges
as set out in the Act;
- authorizes the minister, in place of the Lieutenant
Governor in Council, to amend or repeal an existing bylaw or enact a
new bylaw by order;
- specifies which bylaws may not be made, amended or
repealed unless the board for a college provides at least 3 months'
notice of proposed changes to the minister and each college specified
by regulation, and indicates requirements for publishing proposed
bylaws, amendments or repeals;
- replaces the provision requiring the minister to give
to each college specified by regulation notice of new bylaws or
amendments to or repeals of a college's existing bylaws proposed by the
minister when a college has failed to make, amend or repeal a bylaw at
the minister's request;
- adds a provision requiring a college board to
maintain a record of bylaws in effect and provide a copy of the bylaws
to each of its registrants, to make those bylaws available for
inspection free of charge during regular business hours and to post
them on a free, publicly accessible website.
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
(l.4)",
(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.
SECTION 19: [Health Professions
Act, section 20]
- provides the discretion to the registration committee
of a college to refuse to register a person as a member of its college
if the person has voluntarily relinquished entitlement to practise a
health profession either in British Columbia or elsewhere in order to
avoid suspension or cancellation of that entitlement;
- replaces the provision for appeal of all registration
decisions to the Supreme Court of British Columbia with one limiting
those appeals to refusals to register persons whose entitlement to
practise a health profession has been suspended or cancelled
previously, or who are currently under investigation, review or a
similar proceeding, have been convicted of an indictable offence or
have voluntarily relinquished entitlement to practise a health
profession to avoid suspension or cancellation, in light of the review
process for other registration decisions by the Health Professions
Review Board proposed by this Bill;
- provides the registration committee with discretion
to impose limits or conditions on the practice of individuals
registered in a class of restricted or provisional registrants, if the
college is authorized by the minister to establish those classes.
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",
(e) in
subsection (2.1) (b) by striking out "the
health profession" and substituting "a
health profession",
(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 "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 (4.2) or (4.3) may be different for
different registrants within the class of restricted registrants or
provisional registrants, as the case may be. ,
(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 15 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.
SECTION 20: [Health Professions
Act, sections 20.01] requires that written
notice be given
persons who apply to be certified non-registrants but whose
applications are
refused, and that they be advised they can request a review of that
decision.
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 15 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.
SECTION 21: [Health Professions
Act, sections 20.1 to 20.3] repeals
provisions related to
reviews on the record of registration decisions by a registration
committee,
consequential to the reviews by the Health Professions Review Board
proposed
by this Bill.
21 Sections
20.1 to 20.3 are repealed.
SECTION 22: [Health Professions
Act, section 20.4]
- amends the definition of "governing body" for
consistency with other amendments proposed by this Bill;
- amends the provision to clarify that prior approval
of the minister is required before a college may enter an
interjurisdictional agreement, and to reflect that agreements may
relate specifically to labour mobility.
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 foreign
jurisdiction,
(iii) the implementation of a
trade agreement, as it relates to labour mobility, prescribed by the
minister, and
(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".
SECTION 23: [Health Professions
Act, section 21]
- adds express provision for the appointment of one or
more deputy registrars, and permits a board to authorize a deputy
registrar to perform some or all of the duties or exercise some or all
of the powers of the registrar;
- requires a registrar for a college to maintain a
register setting out specified information respecting members of the
college;
- authorizes the registrar, inquiry committee or
discipline committee to require information to be entered on the
register with respect to an investigation or discipline of a member of
the college.
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
authorize the deputy registrar or deputy registrars to perform some or
all of the duties and exercise some or all of the powers of the
registrar. ,
(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.
SECTION 24: [Health Professions
Act, section 22] amends the provision
respecting access
to the register or information contained in the register to reflect
that access is
governed by regulations of the minister.
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.
SECTION 25: [Health Professions
Act, section 22.1] is consequential to the
proposed
amendments to section 21 of the Act.
25 Section
22.1 is repealed.
SECTION 26: [Health Professions
Act, section 26] adds "unethical conduct" to
the definition
of "professional misconduct" and substitutes the term "certified
non-registrant"
for "non-registrant" consequential to the addition of the definition of
"certified non-registrant" by this Bill.
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.
SECTION 27: [Health Professions
Act, section 28] indicates that the powers of
an inspector
for a college are subject to limits or conditions imposed by the
college's
inquiry committee.
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".
SECTION 28: [Health Professions
Act, section 29] is self-explanatory.
28 Section
29 (3) (b) (ii) is amended by adding "standard,"
before "limit or condition".
SECTION 29: [Health Professions
Act, section 32] is self-explanatory.
29 Section
32 (5) is amended by adding "is considered to
be a disposition by the inquiry committee and"
after "subsection (3)".
SECTION 30 [Health Professions
Act, section 32.2] consistent with other
proposed amendments
to the Act, substitutes "impose" for "set" with respect to establishing
limits and conditions on the practice of a designated health profession.
30 Section
32.2 (4) (b) (i) is amended by striking out "set"
and substituting "impose".
SECTION 31: [Health Professions
Act, section 32.3]
- authorizes the minister, instead of the Lieutenant
Governor in Council, to prescribe a college for the purposes of
requiring members to report hospitalized registrants;
- consistent with other proposed amendments to the Act,
substitutes "impose" for "set" respecting establishing limits and
conditions on a registrant's practice.
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".
SECTION 32: [Health Professions
Act, section 32.4] adds a provision requiring
a registrar to
assess a report by a registrant of suspected sexual misconduct by
another registrant
as if it were a complaint under section 32 of the Act.
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).
SECTION 33: [Health Professions
Act, section 33] consistent with other
proposed amendments
to the Act, substitutes "impose" for "set" respecting establishing
limits
or conditions on a registrant's practice and clarifies that limits or
conditions
apply to the practice of a designated health profession by a registrant.
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)".
SECTION 34: [Health Professions
Act, section 33] adds "standard" for
consistency with
other amendments proposed by this Bill, adds "unprofessional conduct"
to one
provision, and repeals a provision that duplicates other provisions as
a result of
the proposed amendment of the definition of "professional misconduct"
to
include "unethical conduct".
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).
SECTION 35: [Health Professions
Act, section 34] adds a requirement that an
inquiry committee
notify a complainant of a disposition of a complaint under section
32 (5) or 33 (6) (a)
or (b) of the Act.
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 15 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.
SECTION 36: [Health Professions
Act, section 35] adds a requirement that a
suspension or
limitation imposed under section 35 of the Act be by order of the
inquiry committee
and that a copy of the committee's decision be delivered to any
complainant
in the matter as well as to the affected registrant.
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.
SECTION 37: [Health Professions
Act, section 36] adds a requirement to notify
a complainant
of a disposition under section 36 and to advise of the complainant's
right to
a review.
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 15 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.
SECTION 38: [Health Professions
Act, section 37.1] adds a requirement that an
inquiry
committee for a college make an order consistent with a proposal under
section
37.1 of the Act, and indicates that section 39 (3) of the Act applies
to the
order as if it were an order of the discipline committee.
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 , 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, and section 38 has no further application to the
complaint or matter that is the subject of the hearing.
(6.1) Section 39 (3) applies to an
order made under this section as if the order had been made by the
discipline committee.
SECTION 39: [Health Professions
Act, section 38] substitutes "impose" for
"set" with
respect to establishing limits or conditions on the practice of a
registrant, consistent
with other amendments proposed by this Bill.
39 Section
38 (8) is amended by striking out "39 (1),"
and substituting "39 (2),"
and by striking out "set"
and substituting "impose".
SECTION 40: [Health Professions
Act, section 39] requires the discipline
committee for a
college to issue an order when making a determination or dismissing a
matter
after a hearing and adds a requirement that an order under section 39
(2) of the
Act advise a registrant of the right to appeal the disposition of a
matter.
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) (b) by striking out "set terms
and" and substituting "impose
limits or", and
(e) 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.
SECTION 41: [Health Professions
Act, sections 39.1 to 39.4]
- adds a provision permitting the discipline committee
for a college to take disciplinary action against a registrant if the
registrant has engaged in conduct while a member of another college or
while practising in another jurisdiction that, in the committee's
opinion, would constitute unprofessional conduct under the Act,
provided the registrant is first given notice and an opportunity to be
heard with respect to the proposed disciplinary action;
- expressly authorizes the registrar, inquiry committee
or discipline committee, in exercising their authority under specified
provisions of the Act, to consider past action under Part 3
[Inspections, Inquiries and Discipline] respecting a registrant;
- requires the registrar to notify the public of
certain actions taken under Part 3 respecting a registrant, authorizes
the notification to be posted on the college's website and allows a
college to withhold all or part of the information in certain
circumstances;
- adds a requirement that college boards establish
funding programs to fund therapy and counselling for patients
emotionally or psychologically harmed as the result of professional
misconduct by a health professional during the course of treatment by
the health professional, and provides for eligibility for funding.
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) to (9) 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, sections 33 or 35 to 37.1;
(c) in the case of the discipline
committee, section 39 (2), (5), (8) or (9).
(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 subsection (3), 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) action taken under section 35,
(b) a consent or undertaking given
under section 36,
(c) a consent order made under
section 37.1,
(d) a determination made under
section 39 (1) (a) to (d), or
(e) an order made under section 39
(2), (5), (8) or (9).
(2) The following information must
be included in the notification required under this section:
(a) the name of the registrant
respecting whom the action was taken;
(b) a description of the action
taken;
(c) the reasons for the action
taken.
(3) The inquiry committee or
discipline committee must direct the registrar to withhold all or part
of the information required to be included in the public notification
under this section in the following circumstances:
(a) the inquiry committee or
discipline committee considers it necessary to protect the interests of
the complainant, if any, in the matter;
(b) the complainant, if any, in the
matter has requested that the notification not contain information that
would tend to identify the complainant.
(4) In the case of a determination
made under section 39 (1) (e), the discipline committee must direct the
registrar to notify the public in accordance with this section if the
committee is satisfied that
(a) the interests of the
complainant, if any, in the matter will not be prejudiced by public
notification of the determination, and
(b) the public interest in public
notification of the determination outweighs the privacy interests of
the registrant respecting whom the determination was made.
(5) 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.
SECTION 42: [Health Professions
Act, section 40] amends for clarity the
provisions regarding
service of an application for appeal.
42 Section
40 is amended
(a) in
subsection (1) by adding "or 39.1"
after "39" and by
striking out "or the board may appeal",
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),
(b) the respondent, 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.
SECTION 43: [Health Professions
Act, section 42] is self-explanatory.
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".
SECTION 44: [Health Professions
Act, section 43] is self-explanatory.
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".
SECTION 45: [Health Professions
Act, section 44] is self-explanatory.
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".
SECTION 46: [Health Professions
Act, section 49] amends provisions related to
establishing
limits and conditions for consistency with other amendments proposed by
this
Bill.
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)".
SECTION 47: [Health Professions
Act, section 50] authorizes the minister, in
substitution
for the Lieutenant Governor in Council, to make regulations respecting
health
profession corporations.
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".
SECTION 48: [Health Professions
Act, Part 4.2] adds a new Part to the Act
- establishing the Health Professions Review Board;
- granting applicants for registration as a member of a
college or for certification by a college the right to request a review
of certain registration decisions by the review board;
- granting complainants and registrants the right to
request a review by the review board if a college fails to complete an
investigation of a matter in a timely way;
- granting complainants a right to request a review by
the review board when a college disposes of a complaint without
referring the matter to a hearing.
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) or 33 (6) (a) to (c);
(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 15 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 15 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 15 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 30
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 15 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 15 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 15
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 15 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.
SECTION 49: [Health Professions
Act, section 51] adds offences for breaching
new provisions
proposed by this Bill respecting the use of protected titles.
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),".
SECTION 50: [Health Professions
Act, section 52] is self-explanatory.
50 Section
52 (1) is amended by striking out "A board or
a person" and substituting "Any
person".
SECTION 51: [Health Professions
Act, sections 52.2 to 52.4] adds provisions
respecting
collection by a college of health human resources information from its
registrants
and disclosure to the minister of that information for health human
resources planning and management purposes.
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.
SECTION 52: [Health Professions
Act, section 53] deletes references to
"function", as this
is included in "duty".
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".
SECTION 53: [Health Professions
Act, section 55] provides the minister, in
substitution for
the Lieutenant Governor in Council, the general authority to make
regulations
under the Act and adds authority to make regulations consequential to
amendments
proposed by this Bill.
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.
SECTION 54: [Health Professions
Act, section 56] is self-explanatory.
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.
SECTION 55: [Health Professions
Act, Schedule] adds a Schedule setting out
those provisions
of the Administrative Tribunals Act that apply to
the Health Professions
Review Board for the purposes of a review under the proposed Part 4.2
of the
Health Professions 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
SECTION 56: [Transitional
— college board reviews of registration decisions]
continues the
application of section 20.2 of the Health Professions Act,
if at the time of that
section's repeal a person had requested the board for a college to
review a
decision of the registration committee refusing the person's
application for
registration, and provides that if the matter is referred back to the
committee
by the board, the new provisions respecting reviews established by this
Bill
apply.
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.
SECTION 57: [Transitional
— appeals to Supreme Court of registration decisions]
continues
the application of section 20.3 of the Health Professions Act,
if at the time
of that section's repeal a person had filed an appeal of a decision of
a college
board arising from a review of the record under section 20.2 of the Act.
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.
SECTION 58: [Transitional
— college board reviews of investigations]
continues the application
of section 34 of the Health Professions Act, as
that section read before
its amendment by this Bill, if at the time that amendment came into
force a
complainant had requested the board for a college to review a decision
of the
registrar or inquiry committee as described in that section, and
provides that if
the matter is referred back to the inquiry committee by the board, the
new provisions
respecting reviews established by this Bill apply.
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
SECTION 59: [Freedom of
Information and Protection of Privacy Act, Schedule 2]
adds
the Health Professions Review Board as a public body for the purposes
of the
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
SECTION 60: [Health Professions
Amendment Act, 2003, section 17] deletes the
requirement,
not yet in force, for bylaws of the College of Physicians &
Surgeons of
British Columbia to be approved by the Lieutenant Governor in Council,
consistent
with amendments respecting bylaw approval proposed by this Bill.
60 Section
17 of the Health Professions Amendment Act, 2003, S.B.C. 2003, c. 57,
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).
SECTION 61: [Health Professions
Amendment Act, 2003, section 17] is
consequential to
amendments proposed by this Bill respecting imposing limits or
conditions on
practice.
61 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".
SECTION 62: [Health Professions
Amendment Act, 2003, section 19] is
consequential to
amendments proposed by this Bill respecting quality assurance programs.
62 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".
SECTION 63: [Health Professions
Amendment Act, 2003, section 34] is
self-explanatory.
63 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 .
SECTION 64: [Health Professions
Amendment Act, 2003, section 34] is
self-explanatory.
64 Section
34, as it enacts section 50.1 of the Health Professions Act, R.S.B.C.
1996, c. 183, is repealed.
SECTION 65: [Health Professions
Amendment Act, 2003, section 34] is
consequential to
the substitution of the term "restricted activity" for "reserved
action", as proposed
by this Bill, and amends section 50.2 (1) of the Act to provide for
persons
performing restricted activities under the supervision of a registrant,
in
addition to performing them independently.
65 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.
SECTION 66: [Health Professions
Amendment Act, 2003, section 34] is
consequential to
the substitution of the term "restricted activity" for "reserved
action", as proposed
by this Bill, and amends section 50.3 (1) of the Act to require that
supervision
of authorized persons be provided in accordance with a college's
bylaws.
66 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,".
SECTION 67: [Health Professions
Amendment Act, 2003, section 34] is
consequential to
the substitution of the term "restricted activity" for "reserved
action", as proposed
by this Bill, and the addition of permitting persons to perform
restricted
activities under the supervision of a registrant.
67 Section
34, as it enacts section 50.3 (2) of the Health Professions Act,
R.S.B.C. 1996, c. 183, is amended by striking out "reserved
action to a registrant" and substituting "restricted
activity to a registrant, or the authorization of a registrant to
perform a restricted activity under the supervision of a registrant,".
SECTION 68: [Health Professions
Amendment Act, 2003, section 34] is
consequential to
the substitution of the term "restricted activity" for "reserved
action", as proposed
by this Bill, and the addition of permitting non-registrants to perform
restricted activities under the supervision of a registrant.
68 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.
SECTION 69: [Health Professions
Amendment Act, 2003, section 34] is
consequential to
the substitution of the term "restricted activity" for "reserved
action", as proposed
by this Bill, and the addition of permitting non-registrants to perform
restricted activities under the supervision of a registrant.
69 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."
SECTION 70: [Health Professions
Amendment Act, 2003, section 34] allows the
minister to
make regulations that apply to one or more designated health
professions generally
and to make different regulations for different designated health
professions.
70 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".
SECTION 71: [Health Professions
Amendment Act, 2003, section 34] is
consequential to
the substitution of the term "restricted activity" for "reserved
action", as proposed
by this Bill.
71 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, or .
SECTION 72: [Health Professions
Amendment Act, 2003, section 37] is
consequential to
the amendments proposed by this Bill respecting protected titles.
72 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 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
SECTION 73: [Health Professions
Amendment Act (No. 2), 2003, section 1] is
consequential
to amendments proposed by this Bill.
73 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; .
SECTION 74: [Health Professions
Amendment Act (No. 2), 2003, section 1] is
consequential
to amendments proposed by this Bill to add authority for pharmacists to
renew prescriptions in certain circumstances.
74 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."
SECTION 75: [Health Professions
Amendment Act (No. 2), 2003, section 1] is
consequential
to amendments proposed by this Bill.
75 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".
SECTION 76: [Health Professions
Amendment Act (No. 2), 2003, section 1] adds
authority
for a pharmacist to renew a prescription in accordance with a
therapeutic interchange
program or a protocol approved by the governing body of a hospital or
the board of the College of Pharmacists of British Columbia.
76 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
SECTION 77: [Health Statutes
Amendment Act, 2006, section 7] is
self-explanatory.
77 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
SECTION 78: [Pharmacists,
Pharmacy Operations and Drug Scheduling Act, section 1]
is
self-explanatory.
78 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".
SECTION 79: [Pharmacists,
Pharmacy Operations and Drug Scheduling Act, section 30]
is self-explanatory.
79 Section
30 (2) is amended by striking out "prescribed
drug." and substituting "drug
referred to in the prescription."
SECTION 80: [Pharmacists,
Pharmacy Operations and Drug Scheduling Act, section 31]
is self-explanatory.
80 Section
31 (1) is amended by striking out "prescription
drug or device" and substituting "drug
or device referred to in a prescription".
SECTION 81: [Pharmacists,
Pharmacy Operations and Drug Scheduling Act, section 31]
is consequential to amendments proposed by this Bill to add authority
for
pharmacists to renew prescriptions in certain circumstances.
81 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
SECTION 82: [Pharmacy
Operations and Drug Scheduling Act, section 1]
clarifies the definition
of "practitioner" so that registrants for a designated health
profession
fall within the definition only if they are authorized to practise
medicine, dentistry,
podiatry or veterinary medicine or are in a prescribed class of
registrants
for that profession and are authorized to prescribe drugs or devices.
82 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; .
SECTION 83: [Pharmacy
Operations and Drug Scheduling Act, section 21]
amends the
provision respecting the process for establishing bylaws under the Act
for consistency
with the bylaw-making process under the Health Professions
Act.
83 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.
SECTION 84: [Pharmacy
Operations and Drug Scheduling Act, section 22]
amends the
provision respecting the process for establishing drug schedules under
the Act
for consistency with the bylaw-making process under the Health
Professions
Act.
84 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.
SECTION 85: [Pharmacy
Operations and Drug Scheduling Act, section 34.1]
provides the
minister with authority to make regulations related to the process for
establishing
drug schedules under the Act.
85 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
86
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 |
Explanatory Notes
Health Professions Act
SECTION 1: [Health Professions
Act, section 1] adds definitions for
"certified non-registrant",
"college website", ' "Health Professions Review Board" or "review
board" ' and "restricted activity", and amends the definition of
"minister" to
delete the reference to "function" as being redundant.
SECTION 2: [Health Professions
Act, sections 6.1 to 6.5] adds provisions for
advisory panels
to provide advice to the minister respecting health professions.
SECTION 3: [Health Professions
Act, section 7] amends the reference
to "prescribed fee" to indicate that the fee is prescribed by the
Lieutenant
Governor in Council.
SECTION 4: [Health Professions
Act, section 12] indicates that designations
of health professions
by the Lieutenant Governor in Council are for the purposes of the Act.
SECTION 5: [Health Professions
Act, section 12] substitutes the minister for
the Lieutenant
Governor in Council as having the authority to make regulations related
to
designated health professions, adds a provision respecting use of
titles for consistency
with other provisions respecting protected titles to be added by this
Bill and adds authority to establish regulations regarding protected
titles and
restricted activities and whether boards may establish classes of
restricted or
provisional registrants.
SECTION 6: [Health Professions
Act, section 12] requires that the minister
prescribe the
college of each health profession to be included in those to be
notified of proposed
regulations or changes to regulations under section 12 of the Act.
SECTION 7: [Health Professions
Act, sections 12.1 and 12.2] adds new
limitations and
restrictions on the use of a professional title protected under the
Act, including
use of abbreviations of the title and equivalents of the title in
another language.
SECTION 8: [Health Professions
Act, section 13] is self-explanatory.
SECTION 9: [Health Professions
Act, section 15] provides that a health
profession college
has the powers of a natural person and authorizes the minister to make
regulations
specifying which provisions of the Business Corporations Act,
if any,
apply to a college.
SECTION 10: [Health Professions
Act, section 16] adds several objects for
health professions
colleges, including developing fair registration, inquiry and
discipline
practices.
SECTION 11: [Health Professions
Act, section 17] adds the requirement that
ministerial
appointments to the first board of a new college be made by order.
SECTION 12: [Health Professions
Act, section 17] substitutes the term
"certified non-registrant"
for "non-registrant", consequential to the definition of "certified
non-
registrant" added by this Bill, and is consequential to the requirement
that ministerial
appointments to a board of a college be made by order.
SECTION 13: [Health Professions
Act, section
17.11] adds a requirement that members of a
college board take an oath of
office within 45 days of being appointed or elected to the board, adds
procedural
requirements for taking the oath and provides for consequences of
failing
to take or breaching a term of the oath.
SECTION 14: [Health Professions
Act, section 17.2] removes the reference to
"functions",
as functions are included in duties, and adds a reference to the
regulations.
SECTION 15: [Health Professions
Act, section 18] is self-explanatory.
SECTION 16: [Health Professions
Act, section 18.2]
- amends the power to issue directives following an
inquiry into the administration of a college or state of practice of a
health profession so that the minister, rather than the Lieutenant
Governor in Council, exercises that power;
- removes the reference to "functions", as these are
included in duties;
- by removing references to section 19 (1) (m) and (n)
of the Act, permits the minister to require a board to adopt conditions
or requirements for registration in a college and requirements for
continuing education and competency of health professionals.
SECTION 17: [Health Professions
Act, section 19]
- clarifies that a college's bylaws must be consistent
with the duties and objects of a college under the Act;
- expressly allows bylaws respecting college elections
to authorize their registrars to establish election procedures
consistent with the bylaws;
- clarifies that boards may make bylaws establishing
rules for the appointment, removal and duties of registrars and deputy
registrars;
- allows for bylaws establishing a class of restricted
or provisional registrants, or both, if a college is authorized by a
minister's regulation to do so;
- provides for bylaws respecting information a college
may require to be entered on its register, consequential to amendments
permitting a college to require information additional to that required
under the Act;
- amends the provision for bylaws establishing quality
assurance programs to reflect that those bylaws must meet the
requirements of the regulations;
- authorizes bylaws requiring registrants to pay to
colleges the fees of health profession associations or organizations,
whether registrants are members of those associations or not;
- adds authority to make bylaws respecting marketing as
well as advertising by registrants;
- clarifies that bylaws respecting committees
established under the bylaws may provide for establishing panels of
those committees;
- clarifies that bylaws respecting the executive
committee of a college may impose limits or conditions on the exercise
of the board's powers by the executive committee;
- removes the power to make bylaws respecting a
repealed provision relating to appeals from a review on the record,
consequential to the establishment of the new review process proposed
by this Bill;
- permits bylaws to establish conditions or
requirements with respect to the use of protected titles;
- deletes references to "functions" in a number of
provisions, consistent with other amendments proposed by this Bill.
SECTION 18: [Health Professions
Act, section 19]
- clarifies the authority to make different bylaws for
different classes of either registrants or certified non-registrants of
a college;
- replaces the provisions respecting approval of bylaws
to reflect that college bylaws have no effect until filed with the
minister, that the minister may disallow a bylaw within a prescribed
period, that the board may withdraw all or part of a bylaw during that
same period or before it comes into force, and that the minister may
disallow all or portion of a bylaw or bring it into force earlier than
the expiry of the prescribed period;
- requires the minister to disallow a bylaw if the
minister is not satisfied that it adequately provides for the election
of registrants to the board of a college or for the objects of colleges
as set out in the Act;
- authorizes the minister, in place of the Lieutenant
Governor in Council, to amend or repeal an existing bylaw or enact a
new bylaw by order;
- specifies which bylaws may not be made, amended or
repealed unless the board for a college provides at least 3 months'
notice of proposed changes to the minister and each college specified
by regulation, and indicates requirements for publishing proposed
bylaws, amendments or repeals;
- replaces the provision requiring the minister to give
to each college specified by regulation notice of new bylaws or
amendments to or repeals of a college's existing bylaws proposed by the
minister when a college has failed to make, amend or repeal a bylaw at
the minister's request;
- adds a provision requiring a college board to
maintain a record of bylaws in effect and provide a copy of the bylaws
to each of its registrants, to make those bylaws available for
inspection free of charge during regular business hours and to post
them on a free, publicly accessible website.
SECTION 19: [Health Professions
Act, section 20]
- provides the discretion to the registration committee
of a college to refuse to register a person as a member of its college
if the person has voluntarily relinquished entitlement to practise a
health profession either in British Columbia or elsewhere in order to
avoid suspension or cancellation of that entitlement;
- replaces the provision for appeal of all registration
decisions to the Supreme Court of British Columbia with one limiting
those appeals to refusals to register persons whose entitlement to
practise a health profession has been suspended or cancelled
previously, or who are currently under investigation, review or a
similar proceeding, have been convicted of an indictable offence or
have voluntarily relinquished entitlement to practise a health
profession to avoid suspension or cancellation, in light of the review
process for other registration decisions by the Health Professions
Review Board proposed by this Bill;
- provides the registration committee with discretion
to impose limits or conditions on the practice of individuals
registered in a class of restricted or provisional registrants, if the
college is authorized by the minister to establish those classes.
SECTION 20: [Health Professions
Act, sections 20.01] requires that written
notice be given
persons who apply to be certified non-registrants but whose
applications are
refused, and that they be advised they can request a review of that
decision.
SECTION 21: [Health Professions
Act, sections 20.1 to 20.3] repeals
provisions related to
reviews on the record of registration decisions by a registration
committee,
consequential to the reviews by the Health Professions Review Board
proposed
by this Bill.
SECTION 22: [Health Professions
Act, section 20.4]
- amends the definition of "governing body" for
consistency with other amendments proposed by this Bill;
- amends the provision to clarify that prior approval
of the minister is required before a college may enter an
interjurisdictional agreement, and to reflect that agreements may
relate specifically to labour mobility.
SECTION 23: [Health Professions
Act, section 21]
- adds express provision for the appointment of one or
more deputy registrars, and permits a board to authorize a deputy
registrar to perform some or all of the duties or exercise some or all
of the powers of the registrar;
- requires a registrar for a college to maintain a
register setting out specified information respecting members of the
college;
- authorizes the registrar, inquiry committee or
discipline committee to require information to be entered on the
register with respect to an investigation or discipline of a member of
the college.
SECTION 24: [Health Professions
Act, section 22] amends the provision
respecting access
to the register or information contained in the register to reflect
that access is
governed by regulations of the minister.
SECTION 25: [Health Professions
Act, section 22.1] is consequential to the
proposed
amendments to section 21 of the Act.
SECTION 26: [Health Professions
Act, section 26] adds "unethical conduct" to
the definition
of "professional misconduct" and substitutes the term "certified
non-registrant"
for "non-registrant" consequential to the addition of the definition of
"certified non-registrant" by this Bill.
SECTION 27: [Health Professions
Act, section 28] indicates that the powers of
an inspector
for a college are subject to limits or conditions imposed by the
college's
inquiry committee.
SECTION 28: [Health Professions
Act, section 29] is self-explanatory.
SECTION 29: [Health Professions
Act, section 32] is self-explanatory.
SECTION 30 [Health Professions
Act, section 32.2] consistent with other
proposed amendments
to the Act, substitutes "impose" for "set" with respect to establishing
limits and conditions on the practice of a designated health profession.
SECTION 31: [Health Professions
Act, section 32.3]
- authorizes the minister, instead of the Lieutenant
Governor in Council, to prescribe a college for the purposes of
requiring members to report hospitalized registrants;
- consistent with other proposed amendments to the Act,
substitutes "impose" for "set" respecting establishing limits and
conditions on a registrant's practice.
SECTION 32: [Health Professions
Act, section 32.4] adds a provision requiring
a registrar to
assess a report by a registrant of suspected sexual misconduct by
another registrant
as if it were a complaint under section 32 of the Act.
SECTION 33: [Health Professions
Act, section 33] consistent with other
proposed amendments
to the Act, substitutes "impose" for "set" respecting establishing
limits
or conditions on a registrant's practice and clarifies that limits or
conditions
apply to the practice of a designated health profession by a registrant.
SECTION 34: [Health Professions
Act, section 33] adds "standard" for
consistency with
other amendments proposed by this Bill, adds "unprofessional conduct"
to one
provision, and repeals a provision that duplicates other provisions as
a result of
the proposed amendment of the definition of "professional misconduct"
to
include "unethical conduct".
SECTION 35: [Health Professions
Act, section 34] adds a requirement that an
inquiry committee
notify a complainant of a disposition of a complaint under section
32 (5) or 33 (6) (a)
or (b) of the Act.
SECTION 36: [Health Professions
Act, section 35] adds a requirement that a
suspension or
limitation imposed under section 35 of the Act be by order of the
inquiry committee
and that a copy of the committee's decision be delivered to any
complainant
in the matter as well as to the affected registrant.
SECTION 37: [Health Professions
Act, section 36] adds a requirement to notify
a complainant
of a disposition under section 36 and to advise of the complainant's
right to
a review.
SECTION 38: [Health Professions
Act, section 37.1] adds a requirement that an
inquiry
committee for a college make an order consistent with a proposal under
section
37.1 of the Act, and indicates that section 39 (3) of the Act applies
to the
order as if it were an order of the discipline committee.
SECTION 39: [Health Professions
Act, section 38] substitutes "impose" for
"set" with
respect to establishing limits or conditions on the practice of a
registrant, consistent
with other amendments proposed by this Bill.
SECTION 40: [Health Professions
Act, section 39] requires the discipline
committee for a
college to issue an order when making a determination or dismissing a
matter
after a hearing and adds a requirement that an order under section 39
(2) of the
Act advise a registrant of the right to appeal the disposition of a
matter.
SECTION 41: [Health Professions
Act, sections 39.1 to 39.4]
- adds a provision permitting the discipline committee
for a college to take disciplinary action against a registrant if the
registrant has engaged in conduct while a member of another college or
while practising in another jurisdiction that, in the committee's
opinion, would constitute unprofessional conduct under the Act,
provided the registrant is first given notice and an opportunity to be
heard with respect to the proposed disciplinary action;
- expressly authorizes the registrar, inquiry committee
or discipline committee, in exercising their authority under specified
provisions of the Act, to consider past action under Part 3
[Inspections, Inquiries and Discipline] respecting a registrant;
- requires the registrar to notify the public of
certain actions taken under Part 3 respecting a registrant, authorizes
the notification to be posted on the college's website and allows a
college to withhold all or part of the information in certain
circumstances;
- adds a requirement that college boards establish
funding programs to fund therapy and counselling for patients
emotionally or psychologically harmed as the result of professional
misconduct by a health professional during the course of treatment by
the health professional, and provides for eligibility for funding.
SECTION 42: [Health Professions
Act, section 40] amends for clarity the
provisions regarding
service of an application for appeal.
SECTION 43: [Health Professions
Act, section 42] is self-explanatory.
SECTION 44: [Health Professions
Act, section 43] is self-explanatory.
SECTION 45: [Health Professions
Act, section 44] is self-explanatory.
SECTION 46: [Health Professions
Act, section 49] amends provisions related to
establishing
limits and conditions for consistency with other amendments proposed by
this
Bill.
SECTION 47: [Health Professions
Act, section 50] authorizes the minister, in
substitution
for the Lieutenant Governor in Council, to make regulations respecting
health
profession corporations.
SECTION 48: [Health Professions
Act, Part 4.2] adds a new Part to the Act
- establishing the Health Professions Review Board;
- granting applicants for registration as a member of a
college or for certification by a college the right to request a review
of certain registration decisions by the review board;
- granting complainants and registrants the right to
request a review by the review board if a college fails to complete an
investigation of a matter in a timely way;
- granting complainants a right to request a review by
the review board when a college disposes of a complaint without
referring the matter to a hearing.
SECTION 49: [Health Professions
Act, section 51] adds offences for breaching
new provisions
proposed by this Bill respecting the use of protected titles.
SECTION 50: [Health Professions
Act, section 52] is self-explanatory.
SECTION 51: [Health Professions
Act, sections 52.2 to 52.4] adds provisions
respecting
collection by a college of health human resources information from its
registrants
and disclosure to the minister of that information for health human
resources planning and management purposes.
SECTION 52: [Health Professions
Act, section 53] deletes references to
"function", as this
is included in "duty".
SECTION 53: [Health Professions
Act, section 55] provides the minister, in
substitution for
the Lieutenant Governor in Council, the general authority to make
regulations
under the Act and adds authority to make regulations consequential to
amendments
proposed by this Bill.
SECTION 54: [Health Professions
Act, section 56] is self-explanatory.
SECTION 55: [Health Professions
Act, Schedule] adds a Schedule setting out
those provisions
of the Administrative Tribunals Act that apply to
the Health Professions
Review Board for the purposes of a review under the proposed Part 4.2
of the
Health Professions Act.
SECTION 56: [Transitional
— college board reviews of registration decisions]
continues the
application of section 20.2 of the Health Professions Act,
if at the time of that
section's repeal a person had requested the board for a college to
review a
decision of the registration committee refusing the person's
application for
registration, and provides that if the matter is referred back to the
committee
by the board, the new provisions respecting reviews established by this
Bill
apply.
SECTION 57: [Transitional
— appeals to Supreme Court of registration decisions]
continues
the application of section 20.3 of the Health Professions Act,
if at the time
of that section's repeal a person had filed an appeal of a decision of
a college
board arising from a review of the record under section 20.2 of the Act.
SECTION 58: [Transitional
— college board reviews of investigations]
continues the application
of section 34 of the Health Professions Act, as
that section read before
its amendment by this Bill, if at the time that amendment came into
force a
complainant had requested the board for a college to review a decision
of the
registrar or inquiry committee as described in that section, and
provides that if
the matter is referred back to the inquiry committee by the board, the
new provisions
respecting reviews established by this Bill apply.
Freedom of Information and
Protection of Privacy Act
SECTION 59: [Freedom of
Information and Protection of Privacy Act, Schedule 2]
adds
the Health Professions Review Board as a public body for the purposes
of the
Freedom of Information and Protection of Privacy Act.
Health Professions Amendment
Act, 2003
SECTION 60: [Health Professions
Amendment Act, 2003, section 17] deletes the
requirement,
not yet in force, for bylaws of the College of Physicians &
Surgeons of
British Columbia to be approved by the Lieutenant Governor in Council,
consistent
with amendments respecting bylaw approval proposed by this Bill.
SECTION 61: [Health Professions
Amendment Act, 2003, section 17] is
consequential to
amendments proposed by this Bill respecting imposing limits or
conditions on
practice.
SECTION 62: [Health Professions
Amendment Act, 2003, section 19] is
consequential to
amendments proposed by this Bill respecting quality assurance programs.
SECTION 63: [Health Professions
Amendment Act, 2003, section 34] is
self-explanatory.
SECTION 64: [Health Professions
Amendment Act, 2003, section 34] is
self-explanatory.
SECTION 65: [Health Professions
Amendment Act, 2003, section 34] is
consequential to
the substitution of the term "restricted activity" for "reserved
action", as proposed
by this Bill, and amends section 50.2 (1) of the Act to provide for
persons
performing restricted activities under the supervision of a registrant,
in
addition to performing them independently.
SECTION 66: [Health Professions
Amendment Act, 2003, section 34] is
consequential to
the substitution of the term "restricted activity" for "reserved
action", as proposed
by this Bill, and amends section 50.3 (1) of the Act to require that
supervision
of authorized persons be provided in accordance with a college's
bylaws.
SECTION 67: [Health Professions
Amendment Act, 2003, section 34] is
consequential to
the substitution of the term "restricted activity" for "reserved
action", as proposed
by this Bill, and the addition of permitting persons to perform
restricted
activities under the supervision of a registrant.
SECTION 68: [Health Professions
Amendment Act, 2003, section 34] is
consequential to
the substitution of the term "restricted activity" for "reserved
action", as proposed
by this Bill, and the addition of permitting non-registrants to perform
restricted activities under the supervision of a registrant.
SECTION 69: [Health Professions
Amendment Act, 2003, section 34] is
consequential to
the substitution of the term "restricted activity" for "reserved
action", as proposed
by this Bill, and the addition of permitting non-registrants to perform
restricted activities under the supervision of a registrant.
SECTION 70: [Health Professions
Amendment Act, 2003, section 34] allows the
minister to
make regulations that apply to one or more designated health
professions generally
and to make different regulations for different designated health
professions.
SECTION 71: [Health Professions
Amendment Act, 2003, section 34] is
consequential to
the substitution of the term "restricted activity" for "reserved
action", as proposed
by this Bill.
SECTION 72: [Health Professions
Amendment Act, 2003, section 37] is
consequential to
the amendments proposed by this Bill respecting protected titles.
Health Professions Amendment
Act (No. 2), 2003
SECTION 73: [Health Professions
Amendment Act (No. 2), 2003, section 1] is
consequential
to amendments proposed by this Bill.
SECTION 74: [Health Professions
Amendment Act (No. 2), 2003, section 1] is
consequential
to amendments proposed by this Bill to add authority for pharmacists to
renew prescriptions in certain circumstances.
SECTION 75: [Health Professions
Amendment Act (No. 2), 2003, section 1] is
consequential
to amendments proposed by this Bill.
SECTION 76: [Health Professions
Amendment Act (No. 2), 2003, section 1] adds
authority
for a pharmacist to renew a prescription in accordance with a
therapeutic interchange
program or a protocol approved by the governing body of a hospital or
the board of the College of Pharmacists of British Columbia.
Health Statutes Amendment
Act, 2006
SECTION 77: [Health Statutes
Amendment Act, 2006, section 7] is
self-explanatory.
Pharmacists, Pharmacy
Operations and Drug Scheduling Act
SECTION 78: [Pharmacists,
Pharmacy Operations and Drug Scheduling Act, section 1]
is
self-explanatory.
SECTION 79: [Pharmacists,
Pharmacy Operations and Drug Scheduling Act, section 30]
is self-explanatory.
SECTION 80: [Pharmacists,
Pharmacy Operations and Drug Scheduling Act, section 31]
is self-explanatory.
SECTION 81: [Pharmacists,
Pharmacy Operations and Drug Scheduling Act, section 31]
is consequential to amendments proposed by this Bill to add authority
for
pharmacists to renew prescriptions in certain circumstances.
Pharmacy Operations and Drug
Scheduling Act
SECTION 82: [Pharmacy
Operations and Drug Scheduling Act, section 1]
clarifies the definition
of "practitioner" so that registrants for a designated health
profession
fall within the definition only if they are authorized to practise
medicine, dentistry,
podiatry or veterinary medicine or are in a prescribed class of
registrants
for that profession and are authorized to prescribe drugs or devices.
SECTION 83: [Pharmacy
Operations and Drug Scheduling Act, section 21]
amends the
provision respecting the process for establishing bylaws under the Act
for consistency
with the bylaw-making process under the Health Professions
Act.
SECTION 84: [Pharmacy
Operations and Drug Scheduling Act, section 22]
amends the
provision respecting the process for establishing drug schedules under
the Act
for consistency with the bylaw-making process under the Health
Professions
Act.
SECTION 85: [Pharmacy
Operations and Drug Scheduling Act, section 34.1]
provides the
minister with authority to make regulations related to the process for
establishing
drug schedules under the Act.
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