1993 Legislative Session: 2nd Session, 35th Parliament
FIRST READING
The following electronic version is for informational purposes only.
The printed version remains the official version.
HONOURABLE ELIZABETH CULL
MINISTER OF HEALTH AND MINISTER
RESPONSIBLE FOR SENIORS
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 Section 1 of the Health Professions Act, S.B.C. 1990, c. 50, is amended by repealing the definition "council" and substituting the following:
"council" means the Health Professions Council established under section 2 (1) or a panel established as provided in section 4 (2) while conducting the business of the council; .
2 Section 2 is amended by repealing subsections (1) and (4) and substituting the following:
(1) The Health Professions Council is established consisting of 3 or more members appointed by the Lieutenant Governor in Council.
(4) The Lieutenant Governor in Council may designate a chair and one or more vice chairs of the council from amongst the council members.
(5) A member of the council who resigns or whose appointment term has ended may
(a) continue to serve until a successor is appointed, and
(b) even if a successor is appointed, continue, in an investigation commenced under section 8 before the resignation or end of term, to serve as a member of the council for the purposes of sections 9 and 10.
3 Section 4 (2) is repealed and the following substituted:
(2) Subject to subsection (1), the council may make rules governing the calling and conduct of meetings of the council, the establishment of panels to conduct council business, the procedure to be followed by a panel in the conduct of council business, the quorum of the council or of a panel and other matters relating to the business of the council.
4 Section 10 (2) is repealed and the following substituted:
(2) If the council concludes under subsection (1) that, in the public interest, a health profession should not be designated, the council must recommend to the minister that designation be withheld and provide to the minister reasons for the recommendation.
5 Section 12 is amended
(a) by repealing subsection (2) (d) to (f) and substituting the following:
(d) limits or conditions on the services that may be performed by registrants;
(e) services that may be performed only by registrants;
(f) services that may be performed under the supervision of a registrant by a person who is not a registrant;
(g) services that may be performed by a registrant despite a limitation or prohibition under the regulations, the bylaws or another enactment;
(h) whether the college is designated for the purposes of section 15.1 (2) (f). , and
(b) by repealing subsection (3) and substituting the following:
(3) Notice of a proposal to make, amend or repeal a regulation under this section must be given to the college of each health profession prescribed for the purpose of this subsection at least 3 months before the regulation, amendment or repeal comes into force.
6 Section 13 is amended
(a) in subsection (3) by striking out "section 12 (2) (e)" and substituting "section 12 (2) (f)", and
(b) in subsection (4) by striking out "of the college." and substituting "or is associated with the college."
7 Section 15 (1) is repealed and the following substituted:
(1) A college is established for a health profession on designation of the health profession under section 12 (1).
8 The following section is added:
15.1 (1) It is the duty of a college at all times
(a) to serve and protect the public, and
(b) to exercise its powers and discharge its responsibilities under all enactments in the public interest.
(2) In the performance of its duty under subsection (1), a college has the following objects:
(a) to superintend the practice of the profession;
(b) to govern registrants according to this Act, the regulations and the bylaws of the college;
(c) to establish and maintain standards of education and qualifications for registrants;
(d) to establish, monitor and enforce standards of practice to enhance the quality of practice and reduce incompetent, impaired or unethical practice amongst registrants;
(e) to establish and maintain a continuing competency program to promote high practice standards amongst registrants;
(f) to establish, for a college designated under section 12 (2) (h), a patient relations program to prevent professional misconduct of a sexual nature;
(g) to establish, maintain and enforce standards of professional ethics amongst registrants;
(h) to require registrants to provide an individual access to the individual's health care records of an individual by that individual in appropriate circumstances;
(i) to inform individuals of their rights under this Act, the regulations and the bylaws of the college and under the Freedom of Information and Protection of Privacy Act;
(j) to administer the affairs of the college and perform other duties through the exercise of the powers confirmed by this Act or the regulations.
9 Section 16 (4) is repealed and the following substituted:
(4) The number of persons appointed under subsection (3) (b)
(a) must not be less than 1/3 of the total board membership, and
(b) must not exceed the number of persons elected under subsection (3) (a).
(4.1) A member of a board who resigns or whose appointment term has ended may
(a) continue to serve until a successor is appointed, and
(b) even if a successor is appointed, continue to serve as a member of a committee established under section 18 (1) (r) to complete work of the committee commenced before the resignation or end of term.
10 Section 17 (2) is amended by striking out "90" and substituting "120".
11 Section 18 is amended
(a) in subsection (1), by repealing paragraph (r) and adding the following paragraphs:
(g.1) provide for the appointment of an auditor;
(o.1) provide for special fees levied under the bylaws to be payable by registrants;
(r) establish a registration committee, a quality assurance committee, an inquiry committee, a discipline committee, a patient relations committee and other committees the board determines are necessary or advisable;
(u) establish educational requirements and guidelines for registrants respecting their relations with patients;
(v) establish rules concerning access to health care records;
(w) provide for the general administration and operation of the college. ,
(b) by repealing subsection (4) (b) and (c) and substituting the following:
(b) each of the objects referred to in section 15.1. , and
(c) by adding the following subsection:
(6.1) A bylaw may not be made, amended or repealed under subsection (3) or (6) unless notice of the proposed bylaw, amendment or repeal is given to the college of each health profession prescribed for the purposes of this subsection
(a) at least 3 months before the bylaw, amendment or repeal comes into force, or
(b) within a period, shorter than that specified in paragraph (a), that the minister specifies as appropriate in the circumstances.
12 This Act comes into force by regulation of the Lieutenant Governor in Council.
SECTION 1: defines "council" for the purposes of the Health Professions Act to include a panel established under section 4 (2) of the Act while conducting the business of the Health Professions Council.
SECTION 2: amends section 2 of the Act to allow more than 3 members of the Health Professions Council to be appointed and more than one vice chair of the council to be designated by the Lieutenant Governor in Council. It also allows a member of the council who resigns or whose term of office has ended to complete work under way at the time of the resignation or end of term and to continue serving until a successor is appointed.
SECTION 3: expands section 4 (2) of the Act to allow the making of rules for the establishment of panels to do the work of the council and the setting of procedures to be followed by panels.
SECTION 4: amends section 10 (2) of the Act to remove the requirement that the council notify a health profession association if a recommendation is made that the health profession not be designated under the Act.
SECTION 5: amends section 12 of the Act
(a) to clarify the capacity of the Lieutenant Governor in Council to prescribe the scope of service that may be performed by persons registered as members of colleges under the Act, and
(b) to require that the colleges registered under the Act be given 3 months advanced notice of any regulation, or change to a regulation, under the Act.
SECTION 6: amends section 13 of the Act
(a) to correct a section reference in subsection (3), and
(b) to expand the prohibition in subsection (4) against a person who is not a member of a designated health profession being held out to be associated with the profession's college.
SECTION 7: re-enacts section 15 (1) of the Act to remove words made redundant by the enactment of section 8 of this Bill.
SECTION 8: enacts section 15.1 of the Act to set out the duty and objects of the colleges.
SECTION 9: re-enacts section 16 (4) of the Act to ensure that any college will have between 1/3 and 1/2 lay representation on its board and to enable a member of the board who resigns or whose term of office has ended to complete work under way at the time of the resignation or end of term and to continue serving until a successor is appointed.
SECTION 10: amends section 17 (2) of the Act to extend the time for submission of an annual report by a college.
SECTION 11: amends section 18 of the Act to expand the capacity of the board of a college to make bylaws governing the profession it represents.
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