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

"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.

Definitions

6.1 In this Part, "advisory panel" means an advisory panel appointed under section 6.2.

Appointment of advisory panel

(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

(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,

(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;

(h) labour mobility of health professionals within the Province or between the Province and other provinces or foreign jurisdictions;

(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

(a) give, to each college established under this Act, reasonable notice of the matters to be discussed at a meeting of the panel, and

(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

(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.

(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

(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:

(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.

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

(b) in association with or as part of another title describing the person's work, or

(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

(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.

(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

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.

(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.

(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",

(i.1) to establish and employ registration, inquiry and discipline procedures that are transparent, objective, impartial and fair; ,

(j) to administer the affairs of the college and perform its duties and exercise its powers under this Act or other enactments; , and

(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.

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.

(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.

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

(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.

(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.

(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

(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.

(a) in subsection (1) by striking out "the Lieutenant Governor in Council" and substituting "the minister",

(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.

(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",

(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); ,

(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)",

(p) in paragraph (l.92) by adding "certified" before "non-registrants" and by striking out "described in paragraph (l.2)",

(m) establish conditions or requirements for the registration of a person as a member of the college, including the following:

(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; ,

(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; ,

(u) in paragraph (s) by adding "and marketing" after "advertising" in both places,

(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",

(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.

(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. ,

(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

(b) the minister declares, under subsection (3.2) (b), that the bylaw comes into force on an earlier date, or

(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)",

(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

(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

(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

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.

(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:

(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

(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

(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

(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.

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.

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.

(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",

(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.

(a) in subsection (1) by adding "and may appoint one or more deputy registrars" after "registrar" and by striking out "holds" and substituting "hold",

(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. ,

(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;

(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;

(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

(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.

(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.

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.

(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.

(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.

(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.

(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".

(a) in paragraph (b) by adding "standard," before "limit or condition",

(b) in paragraph (c) by adding at the end "or unprofessional conduct", and

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.

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.

(a) in subsection (1) by adding ", by order," after "may" and by striking out "set" and substituting "impose", 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.

(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.

(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

(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.

(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

(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.

Unprofessional conduct in another jurisdiction or
while practising as a registrant of another college

(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:

(b) a copy of the record of the relevant decision or findings made or action taken by the other college or body;

(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;

(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:

(2) The following information must be included in the notification required under this section:

(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.

(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

SECTION 42: [Health Professions Act, section 40] amends for clarity the provisions regarding service of an application for appeal.

(a) in subsection (1) by adding "or 39.1" after "39" and by striking out "or the board may appeal", and

(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),

(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.

(a) in subsection (1) by striking out "performed" and substituting "provided", and

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.

(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.

(a) in subsections (1) and (2) by striking out "Lieutenant Governor in Council" and substituting "minister", and

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.

Definitions for Part 4.2

(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;

(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.

(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,

(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:

Powers and duties of review board

(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

(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

(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.

(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

(b) directing the registration committee to make a decision that could have been made by the registration committee in the matter, or

(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,

(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:

(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:

(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:

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

(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

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

(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

Investigation by inquiry committee terminated

(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:

(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

(b) directing the inquiry committee to make a disposition that could have been made by the inquiry committee in the matter, or

(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

(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

(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.

Collection and disclosure of health human resources information

"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.

(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

(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

(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".

(a) in subsection (1) by striking out "duty or function under this Act" and substituting "duty under this Act",

(c) in subsection (1) (b) by striking out "power, duty or function" and substituting "power or duty", and

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.

(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:

(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,

(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),

(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.

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.

Schedule

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

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:

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

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:

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) apply generally to all designated health professions or to one or more designated health professions, or

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) 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:

(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

(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).

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",

(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:

(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).

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".

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.

(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",

(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:

(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".

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:

(a) who is authorized to practise medicine, dentistry, podiatry or veterinary medicine, or

(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.

(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

(b) the minister declares, under subsection (6) (b), that the bylaw comes into force on an earlier date, or

(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)

(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.

(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

(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

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.

(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.

Regulations

(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:

Explanatory Notes