1993 Legislative Session: 2nd Session, 35th Parliament
FIRST READING


The following electronic version is for informational purposes only.
The printed version remains the official version.


HONOURABLE ELIZABETH CULL
MINISTER OF HEALTH AND
MINISTER RESPONSIBLE FOR SENIORS

BILL 71 -- 1993

HEALTH PROFESSIONS STATUTES
AMENDMENT ACT, 1993

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

 
Chiropractors Act

1 Section 1 of the Chiropractors Act, R.S.B.C. 1979, c. 50, is amended by adding the following definitions:

"board" means the Board of Chiropractors established under section 3;

"inspector" means an inspector appointed under section 9.1; .

2 The following section is added:

Duties and objects of the college

2.1 (1) It is the duty of the college at all times

(a) to serve and protect the public, and

(b) to exercise its powers and discharge its responsibilities under all enactments in the public interest.

(2) The college has the following objects:

(a) to superintend the practice of chiropractic;

(b) to govern members according to this Act and the rules;

(c) to establish, monitor and enforce standards of education and qualifications for registration of members;

(d) to establish, monitor and enforce standards of practice to enhance the quality of practice and reduce incompetent, impaired or unethical practice amongst members;

(e) to establish and maintain a continuing competency program to promote high practice standards amongst members;

(f) to establish a patient relations program to seek to prevent professional misconduct of a sexual nature;

(g) to establish, monitor and enforce standards of professional ethics amongst members;

(h) to require members to provide to an individual access to the individual's health care records in appropriate circumstances;

(i) to inform individuals of their rights under this Act, the rules and the Freedom of Information and Protection of Privacy Act;

(j) to administer the affairs of the college and perform other duties through the exercise of the powers conferred by this Act or the rules.

3 Section 3 is amended

(a) by repealing subsection (1) and substituting the following:

(1) The Board of Chiropractors is established and consists of

(a) 8 members elected under subsection (2), and

(b) 4 persons, who are not members, appointed by the minister. ,

(b) in subsection (2) by striking out "The board shall be elected" and substituting "The 8 members of the board described in subsection (1) (a) must be elected",

(c) in subsection (2) (a) by striking out "7" and substituting "6", and

(d) by repealing subsection (3) and substituting the following:

(3) Members of the board hold office for a term of 3 years.

4 The following section is added:

Annual report

3.1 The board must submit an annual report respecting the college, including information that the Lieutenant Governor in Council may prescribe, to the minister not later than 120 days after the end of the fiscal year for the college.

5 Section 5 (1) (n.1) is amended by striking out "association;" and substituting "college;".

6 The following sections are added:

Inspectors

9.1 The board may appoint persons as inspectors for the college.

Powers and duties of inspectors

9.2 (1) During regular business hours an inspector may investigate, inquire into, inspect, observe or examine one or more of the following without a court order:

(a) the premises, the equipment and the materials used by a member to practise chiropractic;

(b) the records of the member relating to the member's practice of chiropractic and copy the records;

(c) the practice of chiropractic performed by or under the supervision of the member.

(2) The board may direct an inspector to act under subsection (1).

(3) If an inspector acts under this section as a consequence of a direction given under subsection (2), the inspector must report the results of these actions in writing to the board.

Search and seizure under court order

9.3 (1) A person authorized by the board may apply to the Supreme Court for an order that authorizes a person named in the order

(a) to enter into the premises or onto the land of the person named in the order at any reasonable time and conduct an inspection, examination or analysis,

(b) to require the production of any record, property, assets or things and to inspect, examine or analyze them, and

(c) on giving a receipt, to seize and remove any record, property, assets or things inspected, examined or analyzed under paragraph (a) or (b) for further inspection, examination or analysis.

(2) Unless the court otherwise directs, an application under subsection (1) may be made ex parte and heard in camera.

(3) On application under subsection (1), the court may make an order under this section if satisfied on oath that there are reasonable grounds for believing that evidence may be found

(a) that a person who is not a member has contravened this Act or the rules, or

(b) that a person who is a member

(i) has contravened this Act or the rules,

(ii) has failed to comply with a limit or condition imposed under this Act or the rules,

(iii) has acted in a manner that constitutes professional misconduct,

(iv) is not competent to practise chiropractic, or

(v) is suffering from a physical or mental ailment, an emotional disturbance or an addiction to alcohol or drugs that impairs the person's ability to practise chiropractic.

(4) In an order under this section, the court

(a) must identify the premises or land to be entered and must generally describe any thing to be searched for and examined, audited or seized,

(b) may include any limitations or conditions the court considers proper including the time of entry, the disposition of things seized and the access by any person to the things seized, and

(c) may direct that section 9.4 does not apply to a thing specified in the order

(i) provided all limitations and conditions included under paragraph (b) are met, and

(ii) unless, within 21 days of the seizure of the thing, a person who owned or controlled the thing at the time of the seizure requests by registered mail addressed to the board that section 9.4 apply to the thing seized.

(5) A person who, while conducting or attempting to conduct an entry or search under this section, finds any thing not described in the order that the person believes on reasonable grounds will provide evidence in respect of a contravention of this Act or the rules may seize and remove that thing.

Detention of things seized

9.4 (1) For the purposes of subsection (2), the person who makes a seizure under section 9.3 must report the seizure as soon as practicable to a judge of the Supreme Court, who must be the judge who issued the order under which the seizure is made unless this is not practicable.

(2) On receiving a report under subsection (1), the judge must

(a) order the thing that was seized returned to its owner or other person entitled to it unless satisfied that an order under paragraph (b) should be made, or

(b) order the thing detained if satisfied that the detention is required for the purposes of this Act.

(3) An inspector may make or cause to be made one or more copies of any record detained under subsection (2).

(4) A document purporting to be certified by a representative of the board to be a true copy made under the authority of subsection (3) is evidence of the nature and content of the original document.

(5) Subject to an order under section 9.3 (4) (b), the person from whom any thing is detained under this section or the owner of the thing, if different, is entitled to inspect the thing at any reasonable time and, in the case of a record, to obtain one copy of the record at the expense of the board.

(6) No record must be detained under this section for a period longer than 3 months from the time of its seizure unless, before the expiration of the period, either

(a) the person from whom it was seized agrees to its continued detention, or

(b) the Supreme Court, on application and after being satisfied that its continued detention is justified, orders its continued detention for a specified period of time.

Prohibition against obstructing inspection or search

9.5 (1) A person must not obstruct an inspector in the lawful performances of duties or the lawful exercise of powers under this Act or the rules.

(2) A person must not obstruct a person acting under section 9.3 or 9.4 or under an order under those sections.

Extraordinary action to protect public

9.6 (1) If the board considers the action necessary to protect the public during the investigation of a member or pending a hearing of the board, it may

(a) set limits or conditions on the practice of chiropractic by the member, or

(b) suspend the registration of the member.

(2) If the board acts under subsection (1), it must notify the member in writing of its decision, of the reasons for the decision and of the member's right to appeal the decision to the Supreme Court.

(3) A decision under subsection (1) is not effective until the earlier of

(a) the time the member receives the notice under subsection (2), and

(b) 3 days after the notice is mailed to the member at the last address for the member recorded in the register of the college.

(4) If the board determines that action taken under subsection (1) is no longer necessary to protect the public, it must cancel the limits, conditions or suspension and must notify the member in writing of this as soon as possible.

(5) A member against whom action has been taken under subsection (1) may appeal the decision to the Supreme Court and, for these purposes, the provisions of section 6 respecting an appeal from a decision of the board apply to an appeal under this section.

 
Dental Technicians and Denturists Act

7 Section 1 of the Dental Technicians and Denturists Act, R.S.B.C. 1979, c. 91, is amended by adding the following definitions:

"inspector" means an inspector appointed under section 7.1;

"profession" means, as circumstances require,

(a) the practice of dental technology as described in section 5 (1), or

(b) the practice of denturism as described in section 5 (2); .

8 The following sections are added:

Duty and objects of the board

2.1 (1) It is the duty of the board at all times

(a) to serve and protect the public, and

(b) to exercise its powers and discharge its responsibilities under all enactments in the public interest.

(2) The board has the following objects:

(a) to superintend the practice of dental technology and the practice of denturism;

(b) to govern registrants according to this Act and the rules;

(c) to establish, monitor and enforce standards of education and qualifications for registration of registrants;

(d) to establish, monitor and enforce standards of practice to enhance the quality of practice and reduce incompetent, impaired or unethical practice amongst registrants;

(e) to establish and maintain a continuing competency program to promote high practice standards amongst registrants;

(f) to establish a patient relations program to seek to prevent professional misconduct of a sexual nature;

(g) to establish, monitor and enforce standards of professional ethics amongst registrants;

(h) to require registrants to provide an individual with access to the individual's health care records in appropriate circumstances;

(i) to inform individuals of their rights under this Act, the rules and the Freedom of Information and Protection of Privacy Act;

(j) to administer the affairs of the board and perform other duties through the exercise of the powers conferred by this Act or the rules.

Annual report

2.2 The board must submit an annual report respecting the board, including information that the Lieutenant Governor in Council may prescribe, to the minister not later than 120 days after the end of the fiscal year for the board.

9 The following sections are added:

Inspectors

7.1 The board may appoint inspectors for the board.

Powers and duties of inspectors

7.2 (1) During regular business hours an inspector may investigate, inquire into, inspect, observe or examine one or more of the following without a court order:

(a) the premises, the equipment and the materials used by a registrant to practise the profession;

(b) the records of a registrant relating to the registrant's practice of the profession and may copy those records;

(c) the practice of the profession performed by or under the supervision of a registrant.

(2) The board may direct an inspector to act under subsection (1).

(3) If an inspector acts under this section as a consequence of a direction given under subsection (2), the inspector must report the results of these actions in writing to the board.

Search and seizure under court order

7.3 (1) A person authorized by the board may apply to the Supreme Court for an order that authorizes a person named in the order

(a) to enter the premises or land of the person named in the order at any reasonable time and conduct an inspection, examination or analysis,

(b) to require the production of any record, property, assets or things and to inspect, examine or analyze them, and

(c) on giving a receipt, to seize and remove any record, property, assets or things inspected, examined or analyzed under paragraph (a) or (b) for further inspection, examination or analysis.

(2) Unless the court otherwise directs, an application under subsection (1) may be made ex parte and heard in camera.

(3) On application under subsection (1), the court may make an order under this section if satisfied on oath that there are reasonable grounds for believing that evidence may be found

(a) that a person who is not a registrant has contravened this Act or the rules, or

(b) that a person who is a registrant

(i) has contravened this Act or the rules,

(ii) has failed to comply with a limit or condition imposed under this Act or the rules,

(iii) has acted in a manner that constitutes professional misconduct,

(iv) is not competent to practise the profession, or

(v) is suffering from a physical or mental ailment, an emotional disturbance or an addiction to alcohol or drugs that impairs the person's ability to practise the profession.

(4) In an order under this section, the court

(a) must identify the premises or land to be entered and must generally describe any thing to be searched for and examined, audited or seized,

(b) may include any limitations or conditions the court considers proper including the time of entry, the disposition of things seized and the access by any person to the things seized, and

(c) may direct that section 7.4 does not apply to a thing specified in the order

(i) provided all limitations and conditions included under paragraph (b) are met, and

(ii) unless, within 21 days of the seizure of the thing, a person who owned or controlled the thing at the time of the seizure requests by registered mail addressed to the board that section 7.4 apply to the thing seized.

(5) A person who, while conducting or attempting to conduct an entry or search under this section, finds any thing not described in the order that the person believes on reasonable grounds will provide evidence in respect of a contravention of this Act or the rules may seize and remove that thing.

Detention of things seized

7.4 (1) For the purposes of subsection (2), the person who makes a seizure under section 7.3 must report the seizure as soon as practicable to a judge of the Supreme Court, who must be the judge who issued the order under which that seizure was made unless this is not practicable.

(2) On receiving a report under subsection (1), a judge must

(a) order the thing that was seized returned to its owner or other person entitled to it unless satisfied that an order under paragraph (b) should be made, or

(b) order the thing detained if satisfied that the detention is required for the purposes of this Act.

(3) An inspector may make or cause to be made one or more copies of any record detained under subsection (2).

(4) A document purporting to be certified by a representative of the board to be a true copy made under the authority of subsection (3) is evidence of the nature and content of the original document.

(5) Subject to an order under section 7.3 (4) (b), the person from whom any thing is seized under this section or the owner of the thing, if a different person, is entitled to inspect that thing at any reasonable time and, in the case of a record, to obtain one copy of the record at the expense of the board.

(6) No record must be detained under this section for a period longer than 3 months from the time of its seizure unless, before the expiration of the period, either

(a) the person from whom it was seized agrees to its continued detention, or

(b) the Supreme Court, on application and after being satisfied that its continued detention is justified, orders its continued detention for a specified period of time.

Prohibition against obstructing inspection or search

7.5 (1) A person must not obstruct an inspector in the lawful performance of duties or the lawful exercise of powers under this Act or the rules.

(2) A person must not obstruct a person acting under section 7.3 or 7.4 or under an order under those sections.

Extraordinary action to protect public

7.6 (1) If the board considers the action necessary to protect the public during the investigation of a registrant or pending a hearing of the board, it may

(a) set limits or conditions on the practice of the profession by the registrant, or

(b) suspend the registration of the registrant.

(2) If the board acts under subsection (1), it must notify the registrant in writing of its decision, of the reasons for the decision and of the registrant's right to appeal that decision to the Supreme Court.

(3) A decision under subsection (1) is not effective until the earlier of

(a) the time the registrant receives the notice under subsection (2), and

(b) 3 days after the notice is mailed to the registrant at the last address for that registrant recorded in the register of the board.

(4) If the board determines that action taken under subsection (1) is no longer necessary to protect the public, it must cancel the limits, conditions or suspension and must notify the registrant in writing of this as soon as possible.

(5) A registrant against whom action has been taken under subsection (1) may appeal the decision to the Supreme Court and, for these purposes, the provisions of section 10 respecting an appeal from a decision of the board apply to an appeal under this section.

10 Sections 8.1 and 8.2 are repealed.

 
Dentists Act

11 The Dentists Act, R.S.B.C. 1979, c. 92, is amended by adding the following section:

Duty and objects of the college

2.1 (1) It is the duty of the college at all times

(a) to serve and protect the public, and

(b) to exercise its powers and discharge its responsibilities under all enactments in the public interest.

(2) The college has the following objects:

(a) to superintend the practice of registrants;

(b) to govern registrants according to this Act and the rules;

(c) to establish, monitor and enforce standards of education and qualifications for registration of registrants;

(d) to establish, monitor and enforce standards of practice to enhance the quality of practice and reduce incompetent, impaired or unethical practice amongst registrants;

(e) to establish and maintain a continuing competency program to promote high practice standards amongst registrants;

(f) to establish a patient relations program to seek to prevent professional misconduct of a sexual nature;

(g) to establish, monitor and enforce standards of professional ethics amongst registrants;

(h) to require registrants to provide an individual with access to the individual's health care records in appropriate circumstances;

(i) to inform individuals of their rights under this Act, the rules and the Freedom of Information and Protection of Privacy Act;

(j) to administer the affairs of the college and perform other duties through the exercise of the powers conferred by this Act or the rules.

12 Section 3 is amended by striking out "It is the duty of the college to protect the public interest in matters relating to dentistry and this Act, and" and substituting "Subject to section 2.1,".

13 The following section is added:

Annual report

3.1 The council must submit an annual report respecting the college, including information that the Lieutenant Governor in Council may prescribe, to the minister not later than 120 days after the end of the fiscal year for the college.

14 Section 5 (b) is repealed and the following substituted:

(b) a number of persons appointed by the minister equal to

(i) 1/3 of the total number of members of council if this total is divisible by 3 without remainder, or

(ii) the nearest whole number over 1/3 of the total number of members of council if this total is not divisible by 3 without remainder; .

15 Sections 39.1 to 39.4, 40.1, 40.2 and 41.1 are repealed and the following substituted:

Inspectors

39.1 The council may appoint inspectors for the college.

Powers and duties of inspectors

39.2 (1) During regular business hours an inspector may investigate, inquire into, inspect, observe or examine one or more of the following without a court order:

(a) the premises, the equipment and the materials used by a registrant;

(b) the records of a registrant relating to the registrant's practice and may copy those records;

(c) the practice of dentistry performed by or under the supervision of a registrant.

(2) The council may direct an inspector to act under subsection (1).

(3) If an inspector acts under this section as a consequence of a direction given under subsection (2), the inspector must report the results of these actions in writing to the council.

Search and seizure under court order

39.3 (1) A person authorized by the council may apply to the Supreme Court for an order that authorizes a person named in the order

(a) to enter the premises or land of the person named in the order at any reasonable time and conduct an inspection, examination or analysis,

(b) to require the production of any record, property, assets or things and to inspect, examine or analyze them, and

(c) on giving a receipt, to seize and remove any record, property, assets or things inspected, examined or analyzed under paragraph (a) or (b) for further inspection, examination or analysis.

(2) Unless the court otherwise directs, an application under subsection (1) may be made ex parte and heard in camera.

(3) On application under subsection (1), the court may make an order under this section if satisfied on oath that there are reasonable grounds for believing that evidence may be found

(a) that a person who is not a registrant has contravened this Act or the rules, or

(b) that a person who is a registrant

(i) has contravened this Act or the rules,

(ii) has failed to comply with a limit or condition imposed under this Act or the rules,

(iii) has acted in a manner that constitutes unprofessional conduct,

(iv) is not competent to practise dentistry, dental hygiene or certified dental assisting, as the case may be, or

(v) is suffering from a physical or mental ailment, an emotional disturbance or an addiction to alcohol or drugs that impairs the person's ability to practise dentistry, dental hygiene or certified dental assisting, as the case may be.

(4) In an order under this section, the court

(a) must identify the premises or land to be entered and must generally describe any thing to be searched for and examined, audited or seized,

(b) may include any limitations or conditions the court considers proper including the time of entry, the disposition of things seized and the access by any person to the things seized, and

(c) may direct that section 39.4 does not apply to a thing specified in the order

(i) provided all limitations and conditions included under paragraph (b) are met, and

(ii) unless, within 21 days of a seizure of the thing, a person who owned or controlled that thing at the time of the seizure requests by registered mail addressed to the council that section 39.4 apply to the thing seized.

(5) A person who, while conducting or attempting to conduct an entry or search under this section, finds any thing not described in the order that the person believes on reasonable grounds will provide evidence in respect of a contravention of this Act or the rules may seize and remove that thing.

Detention of things seized

39.4 (1) For the purposes of subsection (2), the person who makes a seizure under section 39.3 must report the seizure as soon as practicable to a judge of the Supreme Court, who must be the judge who issued the order under which the seizure was made unless this is not practicable.

(2) On receiving a report under subsection (1), a judge must

(a) order the thing that was seized returned to its owner or other person entitled to it unless satisfied that an order under paragraph (b) should be made, or

(b) order the thing detained if satisfied that the detention is required for the purposes of this Act.

(3) An inspector may make or cause to be made one or more copies of any record detained under subsection (2).

(4) A document purporting to be certified by a representative of the council to be a true copy made under the authority of subsection (3) is evidence of the nature and content of the original document.

(5) Subject to an order under section 39.3 (4) (b), the person from whom any thing is seized under this section or the owner of the thing, if a different person, is entitled to inspect the thing at any reasonable time and, in the case of a record, to obtain one copy of the record at the expense of the council.

(6) No record must be detained under this section for a period longer than 3 months from the time of its seizure unless, before the expiration of the period, either

(a) the person from whom it was seized agrees to its continued detention, or

(b) the Supreme Court, on application and after being satisfied that its continued detention is justified, orders its continued detention for a specified period of time.

Prohibition against obstructing inspection or search

39.5 (1) A person must not obstruct an inspector in the lawful performance of duties or the lawful exercise of powers under this Act or the rules.

(2) A person must not obstruct a person acting under section 39.3 or 39.4 or under an order under those sections.

Extraordinary action to protect public

39.6 (1) If the council considers the action necessary to protect the public during the investigation of a registrant or pending a hearing of the council, it may

(a) set limits or conditions on the practice of the profession by the registrant, or

(b) suspend the registration of the registrant.

(2) If the council acts under subsection (1), it must notify the registrant in writing of its decision, of the reasons for the decision and of the registrant's right to appeal the decision to the Supreme Court.

(3) A decision under subsection (1) is not effective until the earlier of

(a) the time the registrant receives the notice under subsection (2), and

(b) 3 days after the notice is mailed to the registrant at the last address for the registrant recorded in the register of the college.

(4) If the council determines that action taken under subsection (1) is no longer necessary to protect the public, it must cancel the limits, conditions or suspension and must notify the registrant in writing of this as soon as possible.

(5) A registrant against whom action has been taken under subsection (1) may appeal the decision to the Supreme Court and, for these purposes, the provisions of section 54 respecting an appeal from a decision of the council apply to an appeal under this section.

(6) If the council acts under subsection (4), the registrant may require that the council proceed under section 42.1 in the matter that gave rise to the action taken under subsection (1).

(7) If the council is to act under subsection (6), the registrant must give a written request for action under subsection (6) to the council within 30 days of receipt of the council's notification under subsection (4).

16 Section 80 is amended by striking out "section 39.4" and substituting "section 39.5".

 
Health Emergency Act

17 Section 1 of the Health Emergency Act, R.S.B.C. 1979, c. 162, is amended by adding the following definition:

"profession" means practice as an emergency medical assistant.

18 The following section is added:

Extraordinary action to protect public

5.21 (1) If the board considers the action necessary to protect the public during the investigation of an emergency medical assistant or pending a hearing of the board, it may

(a) set limits or conditions on the practice of the profession by the emergency medical assistant, or

(b) suspend the license of the emergency medical assistant.

(2) If the board acts under subsection (1), it must notify the emergency medical assistant in writing of its decision, of the reasons for the decision and of the emergency medical assistant's right to appeal the decision to the Supreme Court.

(3) A decision under subsection (1) is not effective until the earlier of

(a) the time the emergency medical assistant receives the notice under subsection (2), and

(b) 3 days after the notice is mailed to the emergency medical assistant at the last address for the emergency medical assistant recorded in the register.

(4) If the board determines that action taken under subsection (1) is no longer necessary to protect the public, it must cancel the limits, conditions or suspension and must notify the emergency medical assistant in writing of this as soon as possible.

(5) An emergency medical assistant against whom action has been taken under subsection (1) may appeal the decision to the Supreme Court and, for these purposes, the provisions of section 5.3 respecting an appeal from a decision of the board apply to an appeal under this section.

19 Section 8 is repealed and the following substituted:

Annual reports

8 (1) The commission must submit an annual report to the minister respecting the operation of the commission.

(2) The board must submit an annual report respecting the operations of the board, including information that the Lieutenant Governor in Council may prescribe, to the minister not later than 120 days after the end of the fiscal year for the board.

 
Health Professions Act

20 Sections 26 to 30 of the Health Professions Act, S.B.C. 1990, c. 50, are repealed and the following substituted:

Inspectors

26 (1) The inquiry committee may appoint persons as inspectors for the college.

(2) The registrar is an inspector.

Powers and duties of inspectors

27 (1) During regular business hours an inspector may investigate, inquire into, inspect, observe or examine one or more of the following without a court order:

(a) the premises, the equipment and the materials used by a registrant to practise the designated health profession;

(b) the records of the registrant relating to the registrant's practice of the designated health profession and may copy those records;

(c) the practice of the designated health profession performed by or under the supervision of the registrant.

(2) The inquiry committee may direct an inspector to act under subsection (1) or undertake any aspect of an investigation under section 32.

(3) If an inspector acts under this section as a consequence of a direction given under subsection (2), the inspector must report the results of these actions in writing to the inquiry committee.

Search and seizure under court order

28 (1) A person authorized by the inquiry committee may apply to the Supreme Court for an order that authorizes a person named in the order

(a) to enter into the premises or land of the person named in the order at any reasonable time and conduct an inspection, examination or analysis,

(b) to require the production of any record, property, assets or things and to inspect, examine or analyze them, and

(c) on giving a receipt, to seize and remove any record, property, assets or things inspected, examined or analyzed under paragraph (a) or (b) for further inspection, examination or analysis.

(2) Unless the court otherwise directs, an application under subsection (1) may be made ex parte and heard in camera.

(3) On application under subsection (1), the court may make an order under this section if satisfied on oath that there are reasonable grounds for believing that evidence may be found

(a) that a person who is not a registrant has contravened this Act, the regulations or the bylaws, or

(b) that a person who is a registrant

(i) has contravened this Act, the regulations or the bylaws,

(ii) has failed to comply with a limit or condition imposed under this Act, the regulations or the bylaws,

(iii) has acted in a manner that constitutes professional misconduct,

(iv) is not competent to practise the designated health profession, or

(v) is suffering from a physical or mental ailment, an emotional disturbance or an addiction to alcohol or drugs that impairs the person's ability to practise the designated health profession.

(4) In an order under this section, the court

(a) must identify the premises or land to be entered and must generally describe any thing to be searched for and examined, audited or seized,

(b) may include any limitations or conditions the court considers proper including the time of entry, the disposition of things seized and the access by any person to the things seized, and

(c) may direct that section 29 does not apply to a thing specified in the order

(i) provided all limitations and conditions included under paragraph (b) are met, and

(ii) unless, within 21 days of the seizure of the thing, a person who owned or controlled the thing at the time of the seizure requests by registered mail addressed to the inquiry committee that section 29 apply to the thing seized.

(5) A person who, while conducting or attempting to conduct an entry or search under this section, finds any thing not described in the order that the person believes on reasonable grounds will provide evidence in respect of a contravention of this Act, the regulations or the bylaws may seize and remove that thing.

Detention of things seized

29 (1) For the purposes of subsection (2), the person who makes a seizure under section 28 must report the seizure as soon as practicable to a judge of the Supreme Court, who must be the judge who issued the order under which the seizure was made unless this is not practicable.

(2) On receiving a report under subsection (1), the judge must

(a) order the thing that was seized returned to its owner or other person entitled to it unless satisfied that an order under paragraph (b) should be made, or

(b) order the thing detained if satisfied that the detention is required for the purposes of this Act.

(3) An inspector may make or cause to be made one or more copies of any record detained under subsection (2).

(4) A document purporting to be certified by a representative of the inquiry committee to be a true copy made under the authority of subsection (3) is evidence of the nature and content of the original document.

(5) Subject to an order under section 28 (4) (b), the person from whom any thing is seized under this section or the owner of the thing, if a different person, is entitled to inspect that thing at any reasonable time and, in the case of a record, to obtain one copy of the record at the expense of the board.

(6) No record must be detained under this section for a period longer than 3 months from the time of its seizure unless, before the expiration of the period, either

(a) the person from whom it was seized agrees to its continued detention, or

(b) the Supreme Court, on application and after being satisfied that its continued detention is justified, orders its continued detention for a specified period of time.

Prohibition against obstructing inspection or search

30 (1) A person must not obstruct an inspector in the lawful performance of duties or the lawful exercise of powers under this Act, the regulations or the bylaws.

(2) A person must not obstruct a person acting under section 28 or 29 or under an order under those sections.

21 Section 34 is repealed and the following substituted:

Extraordinary action to protect public

34 (1) If the inquiry committee considers the action necessary to protect the public during the investigation of a registrant or pending a hearing of the discipline committee, it may

(a) set limits or conditions on the practice of the designated health profession by the registrant, or

(b) suspend the registration of the registrant.

(2) If the inquiry committee acts under subsection (1), it must notify the registrant in writing of its decision, of the reasons for the decision and of the registrant's right to appeal that decision to the Supreme Court.

(3) A decision under subsection (1) is not effective until the earlier of

(a) the time the registrant receives the notice under subsection (2), and

(b) 3 days after the notice is mailed to the registrant at the last address for the registrant recorded in the register of the college.

(4) If the inquiry committee determines that action taken under subsection (1) is no longer necessary to protect the public, it must cancel the limits, conditions or suspension and must notify the registrant in writing of this as soon as possible.

(5) A registrant against whom action has been taken under subsection (1) may appeal the decision to the Supreme Court and, for these purposes, the provisions of section 39 respecting an appeal from a decision of the discipline committee apply to an appeal under this section.

 
Hearing Aid Act

22 Section 1 of the Hearing Aid Act, R.S.B.C. 1979, c. 164, is amended by adding the following definitions:

"inspector" means an inspector appointed under section 7.1;

"profession" means the practice of a hearing aid dealer and consultant; .

23 The following sections are added:

Duties and objects of the board

2.1 (1) It is the duty of the board at all times

(a) to serve and protect the public, and

(b) to exercise its powers and discharge its responsibilities under all enactments in the public interest.

(2) The board has the following objects:

(a) to superintend the practice of the profession;

(b) to govern registrants according to this Act and the regulations;

(c) to establish, monitor and enforce standards of education and qualifications for registration of registrants;

(d) to establish, monitor and enforce standards of practice to enhance the quality of practice and reduce incompetent, impaired or unethical practice amongst registrants;

(e) to establish and maintain a continuing competency program to promote high practice standards amongst registrants;

(f) to establish a patient relations program to seek to prevent professional misconduct of a sexual nature;

(g) to establish, monitor and enforce standards of professional ethics amongst registrants;

(h) to require registrants to provide an individual access to the individual's health care records in appropriate circumstances;

(i) to inform individuals of their rights under this Act, the regulations and the Freedom of Information and Protection of Privacy Act;

(j) to administer the affairs of the board and perform other duties through the exercise of the powers conferred by this Act or the regulations.

Annual report

2.2 The board must submit an annual report respecting the board, including information that the Lieutenant Governor in Council may prescribe, to the minister not later than 120 days after the end of the fiscal year for the board.

Inspectors

7.1 The board may appoint inspectors for the board.

Powers and duties of inspectors

7.2 (1) During regular business hours an inspector may investigate, inquire into, inspect, observe or examine one or more of the following without a court order:

(a) the premises, the equipment and the materials used by a registrant to practise the profession;

(b) the records of the registrant relating to the registrant's practice of the profession and may copy the records;

(c) the practice of the profession performed by or under the supervision of the registrant.

(2) The board may direct an inspector to act under subsection (1).

(3) If an inspector acts under this section as a consequence of a direction given under subsection (2), the inspector must report the results of these actions in writing to the board.

Search and seizure under court order

7.3 (1) A person authorized by the board may apply to the Supreme Court for an order that authorizes a person named in the order

(a) to enter into the premises or land of the person named in the order at any reasonable time and conduct an inspection, examination or analysis,

(b) to require the production of any record, property, assets or things and to inspect, examine or analyze them, and

(c) on giving a receipt, to seize and remove any record, property, assets or things inspected, examined or analyzed under paragraph (a) or (b) for further inspection, examination or analysis.

(2) Unless the court otherwise directs, an application under subsection (1) may be made ex parte and heard in camera.

(3) On application under subsection (1), the court may make an order under this section if satisfied on oath that there are reasonable grounds for believing that evidence may be found

(a) that a person who is not a registrant has contravened this Act or the regulations, or

(b) that a person who is a registrant

(i) has contravened this Act or the regulations,

(ii) has failed to comply with a limit or condition imposed under this Act or the regulations,

(iii) has acted in a manner that constitutes professional misconduct,

(iv) is not competent to practise the profession, or

(v) is suffering from a physical or mental ailment, an emotional disturbance or an addiction to alcohol or drugs that impairs the person's ability to practise the profession.

(4) In an order under this section, the court

(a) must identify the premises or land to be entered and must generally describe any thing to be searched for and examined, audited or seized,

(b) may include any limitations or conditions the court considers proper including the time of entry, the disposition of things seized and the access by any person to the things seized, and

(c) may direct that section 7.4 does not apply to a thing specified in the order

(i) provided all limitations and conditions included under paragraph (b) are met, and

(ii) unless, within 21 days of the seizure of the thing, a person who owned or controlled the thing at the time of the seizure requests by registered mail addressed to the board that section 7.4 apply to the thing seized.

(5) A person who, while conducting or attempting to conduct an entry or search under this section, finds anything not described in the order that the person believes on reasonable grounds will provide evidence in respect of a contravention of this Act or the regulations may seize and remove that thing.

Detention of things seized

7.4 (1) For the purposes of subsection (2), the person who makes a seizure under section 7.3 must report the seizure as soon as practicable to a judge of the Supreme Court, who must be the judge who issued the order under which the seizure was made unless this is not practicable.

(2) On receiving a report under subsection (1), the judge must

(a) order the thing that was seized returned to its owner or other person entitled to it unless satisfied that an order under paragraph (b) should be made, or

(b) order the thing detained if satisfied that the detention is required for the purposes of this Act.

(3) An inspector may make or cause to be made one or more copies of any record detained under subsection (2).

(4) A document purporting to be certified by a representative of the board to be a true copy made under the authority of subsection (3) is evidence of the nature and content of the original document.

(5) Subject to an order under section 7.3 (4) (b), the person from whom any thing is seized under this section, or the owner of the thing if different, is entitled to inspect the thing at any reasonable time and, in the case of a record, to obtain one copy of the record at the expense of the board.

(6) No record must be detained under this section for a period longer than 3 months from the time of its seizure unless, before the expiration of the period, either

(a) the person from whom it was seized agrees to its continued detention, or

(b) the Supreme Court, on application and after being satisfied that its continued detention is justified, orders its continued detention for a specified period of time.

Prohibition against obstructing inspection or search

7.5 (1) A person must not obstruct an inspector in the lawful performance of duties or the lawful exercise of powers under this Act or the regulations.

(2) A person must not obstruct a person acting under section 7.3 or 7.4 or under an order under those sections.

Extraordinary action to protect public

7.6 (1) If the board considers the action necessary to protect the public during the investigation of a registrant or pending a hearing of the board, it may

(a) set limits or conditions on the practice of the profession by the registrant, or

(b) suspend the registration of the registrant.

(2) If the board acts under subsection (1), it must notify the registrant in writing of its decision, of the reasons for the decision and of the registrant's right to appeal the decision to the Supreme Court.

(3) A decision under subsection (1) is not effective until the earlier of

(a) the time the registrant receives the notice under subsection (2), and

(b) 3 days after the notice is mailed to the registrant at the last address for the registrant recorded in the register of the board.

(4) If the board determines that action taken under subsection (1) is no longer necessary to protect the public, it must cancel the limits, conditions or suspension and must notify the registrant in writing of this as soon as possible.

(5) A registrant against whom action has been taken under subsection (1) may appeal the decision to the Supreme Court and, for these purposes, the provisions of section 9 respecting an appeal from a decision of the board apply to an appeal under this section.

 
Medical Practitioners Act

24 Section 1 of the Medical Practitioners Act, R.S.B.C. 1979, c. 254, is amended

(a) by striking out the definition of "council" and substituting the following:

"council" means the council of the college and, in sections 50.1 to 50.4, includes a committee appointed by the council for the purposes of investigating a complaint; , and

(b) by adding the following definitions:

"inquiry committee" means an inquiry committee appointed under section 50 (3);

"inspector" means an inspector appointed under section 50.1;

"profession" means the practice of medicine or osteopathic medicine; .

25 The following section is added:

Duty and objects of the college

2.1 (1) It is the duty of the college at all times

(a) to serve and protect the public, and

(b) to exercise its powers and discharge its responsibilities under all enactments in the public interest.

(2) The college has the following objects:

(a) to superintend the practice of the profession;

(b) to govern members according to this Act and the rules;

(c) to establish, monitor and enforce standards of education and qualifications for registration of members;

(d) to establish, monitor and enforce standards of practice to enhance the quality of practice and reduce incompetent, impaired or unethical practice amongst members;

(e) to establish and maintain a continuing competency program to promote high practice standards amongst members;

(f) to establish a patient relations program to seek to prevent professional misconduct of a sexual nature;

(g) to establish, monitor and enforce standards of professional ethics amongst members;

(h) to require members to provide to an individual access to the individual's health care records in appropriate circumstances;

(i) to inform individuals of their rights under this Act, the rules and the Freedom of Information and Protection of Privacy Act;

(j) to administer the affairs of the college and perform other duties through the exercise of the powers conferred by this Act or the rules.

26 Section 4 is amended by adding the following subsection:

(4) The council must submit an annual report respecting the college, including information that the Lieutenant Governor in Council may prescribe, to the minister not later than 120 days after the end of the fiscal year for the college.

27 Section 5 is amended:

(a) by repealing subsection (1) (b) and substituting the following:

(b) 5 persons appointed by the minister. , and

(b) by adding the following subsection:

(1.1) If the total number of members of the council is greater than 16, the minister may appoint further persons as members of the council, in addition to those appointed under subsection (1) (b), in order that 1/3, or the nearest whole number over 1/3 if the total number is not divisible by 3 without leaving a remainder, of the council's members are appointees of the minister.

28 The following sections are added:

Inspectors

50.1 The council may appoint persons as inspectors for the college.

Powers and duties of inspectors

50.2 (1) During regular business hours an inspector may investigate, inquire into, inspect, observe or examine one or more of the following without a court order:

(a) the premises, the equipment and the materials used by a member to practise medicine;

(b) the records of the member relating to the member's practice of medicine and copy the records;

(c) the practice of medicine performed by or under the supervision of the member.

(2) The council may direct an inspector to act under subsection (1).

(3) If an inspector acts under this section as a consequence of a direction given under subsection (2), the inspector must report the results of these actions in writing to the council.

Search and seizure under court order

50.3 (1) A person authorized by the council may apply to the Supreme Court for an order that authorizes a person named in the order

(a) to enter into the premises or land of the person named in the order at any reasonable time and conduct an inspection, examination or analysis,

(b) to require the production of any record, property, assets or things and to inspect, examine or analyze them, and

(c) on giving a receipt, to seize and remove any record, property, assets or things inspected, examined or analyzed under paragraph (a) or (b) for further inspection, examination or analysis.

(2) Unless the court otherwise directs, an application under subsection (1) may be made ex parte and heard in camera.

(3) On application under subsection (1), the court may make an order under this section if satisfied on oath that there are reasonable grounds for believing that evidence may be found

(a) that a person who is not a member has contravened this Act or the rules, or

(b) that a person who is a member

(i) has contravened this Act or the rules,

(ii) has failed to comply with a limit or condition imposed under this Act or the rules,

(iii) has acted in a manner that constitutes professional misconduct,

(iv) is not competent to practise medicine, or

(v) is suffering from a physical or mental ailment, an emotional disturbance or an addiction to alcohol or drugs that impairs the person's ability to practise medicine.

(4) In an order under this section, the court

(a) must identify the premises or land to be entered and must generally describe any thing to be searched for and examined, audited or seized,

(b) may include any limitations or conditions the court considers proper including the time of entry, the disposition of things seized and the access by any person to the things seized, and

(c) may direct that section 50.4 does not apply to a thing specified in the order

(i) provided all limitations and conditions included under paragraph (b) are met, and

(ii) unless, within 21 days of the seizure of the thing, a person who owned or controlled the thing at the time of the seizure requests by registered mail addressed to the council that section 50.4 apply to the thing seized.

(5) A person who, while conducting or attempting to conduct an entry or search under this section, finds any thing not described in the order that the person believes on reasonable grounds will provide evidence in respect of a contravention of this Act or the rules may seize and remove that thing.

Detention of things seized

50.4 (1) For the purposes of subsection (2), the person who makes a seizure under section 50.3 must report the seizure as soon as practicable to a judge of the Supreme Court, who must be the judge who issued the order under which the seizure is made unless this is not practicable.

(2) On receiving a report under subsection (1), the judge must

(a) order the thing that was seized returned to its owner or other person entitled to it unless satisfied that an order under paragraph (b) should be made, or

(b) order the thing detained if satisfied that the detention is required for the purposes of this Act.

(3) An inspector may make or cause to be made one or more copies of any record detained under subsection (2).

(4) A document purporting to be certified by a representative of the council to be a true copy made under the authority of subsection (3) is evidence of the nature and content of the original document.

(5) Subject to an order under section 50.3 (4) (b), the person from whom any thing is detained under this section or the owner of the thing, if different, is entitled to inspect the thing at any reasonable time and, in the case of a record, to obtain one copy of the record at the expense of the council.

(6) No record must be detained under this section for a period longer than 3 months from the time of its seizure unless, before the expiration of the period, either

(a) the person from whom it was seized agrees to its continued detention, or

(b) the Supreme Court, on application and after being satisfied that its continued detention is justified, orders its continued detention for a specified period of time.

Prohibition against obstructing inspection or search

50.5 (1) A person must not obstruct an inspector in the lawful performances of duties or the lawful exercise of powers under this Act or the rules.

(2) A person must not obstruct a person acting under section 50.3 or 50.4 or under an order under those sections.

Extraordinary action to protect public

50.6 (1) If the executive committee considers the action necessary to protect the public during the investigation of a member or pending a hearing of the inquiry committee, it may

(a) set limits or conditions on the practice of the profession by the member, or

(b) suspend the registration of the member.

(2) If the executive committee acts under subsection (1), it must notify the member in writing of its decision, of the reasons for the decision and of the member's right to appeal the decision to the Supreme Court.

(3) A decision under subsection (1) is not effective until the earlier of

(a) the time the member receives the notice under subsection (2), and

(b) 3 days after the notice is mailed to the member at the last address for the member recorded in the register.

(4) If the executive committee determines that action taken under subsection (1) is no longer necessary to protect the public, it must cancel the limits, conditions or suspension and must notify the member in writing of this as soon as possible.

(5) A member against whom action has been taken under subsection (1) may appeal the decision to the Supreme Court and, for these purposes, the provisions of sections 62 to 64 respecting an appeal from a decision of the council apply to an appeal under this section.

 
Naturopaths Act

29 Section 1 of the Naturopaths Act, R.S.B.C. 1979, c. 297, is amended by adding the following definition:

"inspector" means an inspector appointed under section 11.1; .

30 The following section is added:

Duties and objects of the association

2.1 (1) It is the duty of the association at all times

(a) to serve and protect the public, and

(b) to exercise its powers and discharge its responsibilities under all enactments in the public interest.

(2) The association has the following objects:

(a) to superintend the practice of naturopathy;

(b) to govern naturopathic physicians according to this Act and the rules;

(c) to establish, monitor and enforce standards of education and qualifications for registration of naturopathic physicians;

(d) to establish, monitor and enforce standards of practice to enhance the quality of practice and reduce incompetent, impaired or unethical practice amongst naturopathic physicians;

(e) to establish and maintain a continuing competency program to promote high practice standards amongst naturopathic physicians;

(f) to establish a patient relations program to seek to prevent professional misconduct of a sexual nature;

(g) to establish, monitor and enforce standards of professional ethics amongst naturopathic physicians;

(h) to require naturopathic physicians to provide an individual access to the individual's health care records in appropriate circumstances;

(i) to inform individuals of their rights under this Act, the rules and the Freedom of Information and Protection of Privacy Act;

(j) to administer the affairs of the association and perform other duties through the exercise of the powers conferred by this Act or the rules.

31 Section 3 (1) (b) is repealed and the following substituted:

(b) 3 persons appointed by the minister.

32 The following sections are added:

Annual report

3.1 The board must submit an annual report respecting the association, including information that the Lieutenant Governor in Council may prescribe, to the minister not later than 120 days after the end of the fiscal year for the association.

Inspectors

11.1 The board may appoint persons as inspectors for the association.

Powers and duties of inspectors

11.2 (1) During regular business hours an inspector may investigate, inquire into, inspect, observe or examine one or more of the following without a court order:

(a) the premises, the equipment and the materials used by a naturopathic physician to practise naturopathy;

(b) the records of the naturopathic physician relating to the naturopathic physician's practice of naturopathy and copy the records;

(c) the practice of naturopathy performed by or under the supervision of the naturopathic physician.

(2) The board may direct an inspector to act under subsection (1).

(3) If an inspector acts under this section as a consequence of a direction given under subsection (2), the inspector must report the results of these actions in writing to the board.

Search and seizure under court order

11.3 (1) A person authorized by the board may apply to the Supreme Court for an order that authorizes a person named in the order

(a) to enter into the premises or land of the person named in the order at any reasonable time and conduct an inspection, examination or analysis,

(b) to require the production of any record, property, assets or things and to inspect, examine or analyze them, and

(c) on giving a receipt, to seize and remove any record, property, assets or things inspected, examined or analyzed under paragraph (a) or (b) for further inspection, examination or analysis.

(2) Unless the court otherwise directs, an application under subsection (1) may be made ex parte and heard in camera.

(3) On application under subsection (1), the court may make an order under this section if satisfied on oath that there are reasonable grounds for believing that evidence may be found

(a) that a person who is not a naturopathic physician has contravened this Act or the rules, or

(b) that a person who is a naturopathic physician

(i) has contravened this Act or the rules,

(ii) has failed to comply with a limit or condition imposed under this Act or the rules,

(iii) has acted in a manner that constitutes professional misconduct,

(iv) is not competent to practise naturopathy, or

(v) is suffering from a physical or mental ailment, an emotional disturbance or an addiction to alcohol or drugs that impairs the person's ability to practise naturopathy.

(4) In an order under this section, the court

(a) must identify the premises or land to be entered and must generally describe any thing to be searched for and examined, audited or seized,

(b) may include any limitations or conditions the court considers proper including the time of entry, the disposition of things seized and the access by any person to the things seized, and

(c) may direct that section 11.4 does not apply to a thing specified in the order

(i) provided all limitations and conditions included under paragraph (b) are met, and

(ii) unless, within 21 days of the seizure of the thing, a person who owned or controlled the thing at the time of the seizure requests by registered mail addressed to the board that section 11.4 apply to the thing seized.

(5) A person who, while conducting or attempting to conduct an entry or search under this section, finds anything not described in the order that the person believes on reasonable grounds will provide evidence in respect of a contravention of this Act or the rules may seize and remove that thing.

Detention of things seized

11.4 (1) For the purposes of subsection (2), the person who makes a seizure under section 11.3 must report the seizure as soon as practicable to a judge of the Supreme Court, who must be the judge who issued the order under which the seizure is made unless this is not practicable.

(2) On receiving a report under subsection (1), the judge must

(a) order the thing that was seized returned to its owner or other person entitled to it unless satisfied that an order under paragraph (b) should be made, or

(b) order the thing detained if satisfied that the detention is required for the purposes of this Act.

(3) An inspector may make or cause to be made one or more copies of any record detained under subsection (2).

(4) A document purporting to be certified by a representative of the board to be a true copy made under the authority of subsection (3) is evidence of the nature and content of the original document.

(5) Subject to an order under section 11.3 (4) (b), the person from whom any thing is detained under this section, or the owner of the thing if different, is entitled to inspect the thing at any reasonable time and, in the case of a record, to obtain one copy of the record at the expense of the association.

(6) No record must be detained under this section for a period longer than 3 months from the time of its seizure unless, before the expiration of the period, either

(a) the person from whom it was seized agrees to its continued detention, or

(b) the Supreme Court, on application and after being satisfied that its continued detention is justified, orders its continued detention for a specified period of time.

Prohibition against obstructing inspection or search

11.5 (1) A person must not obstruct an inspector in the lawful performances of duties or the lawful exercise of powers under this Act or the rules.

(2) A person must not obstruct a person acting under section 11.3 or 11.4 or under an order under those sections.

Extraordinary action to protect public

11.6 (1) If the board considers the action necessary to protect the public during the investigation of a naturopathic physician or pending a hearing of the board, it may

(a) set limits or conditions on the practice of naturopathy by the naturopathic physician, or

(b) suspend the registration of the naturopathic physician.

(2) If the board acts under subsection (1), it must notify the naturopathic physician in writing of its decision, of the reasons for the decision and of the naturopathic physician's right to appeal the decision to the Supreme Court.

(3) A decision under subsection (1) is not effective until the earlier of

(a) the time the naturopathic physician receives the notice under subsection (2), and

(b) 3 days after the notice is mailed to the naturopathic physician at the last address for the naturopathic physician recorded in the register of the association.

(4) If the board determines that action taken under subsection (1) is no longer necessary to protect the public, it must cancel the limits, conditions or suspension and must notify the naturopathic physician in writing of this as soon as possible.

(5) A naturopathic physician against whom action has been taken under subsection (1) may appeal the decision to the Supreme Court and, for these purposes, the provisions of section 6 respecting an appeal from a decision of the board apply to an appeal under this section.

 
Nurses (Licensed Practical) Act

33 Section 1 of the Nurses (Licensed Practical) Act, R.S.B.C. 1979, c. 300, is amended by adding the following definitions:

"inspector" means an inspector appointed under section 7.1;

"practical nursing" means practising as a practical nurse; .

34 Section 3 (1) is amended

(a) by striking out "10" and substituting "12", and

(b) by repealing paragraph (a) and substituting the following:

(a) 4 members must be nominated by the minister, and the minister must designate one of them to be chair and another to be vice chair; .

35 The following section is added:

Duty and objects of the council

3.1 (1) It is the duty of the council at all times

(a) to serve and protect the public, and

(b) to exercise its powers and discharge its responsibilities under all enactments in the public interest.

(2) The council has the following objects:

(a) to superintend the practice of licensed practical nursing;

(b) to govern licensed practical nurses according to this Act and the regulations;

(c) to establish, monitor and enforce standards of education and qualifications for licensing of licensed practical nurses;

(d) to establish, monitor and enforce standards of practice to enhance the quality of practice and reduce incompetent, impaired or unethical practice amongst licensed practical nurses;

(e) to establish and maintain a continuing competency program to promote high practice standards amongst licensed practical nurses;

(f) to establish a patient relations program to seek to prevent professional misconduct of a sexual nature;

(g) to establish, monitor and enforce standards of professional ethics amongst licensed practical nurses;

(h) to inform individuals of their rights under this Act, the regulations and the Freedom of Information and Protection of Privacy Act;

(i) to administer the affairs of the council and perform other duties through the exercise of the powers conferred by this Act or the regulations.

36 The following sections are added:

Annual report

4.1 The council must submit an annual report respecting the council, including information that the Lieutenant Governor in Council may prescribe, to the minister not later than 120 days after the end of the fiscal year for the council.

Inspectors

7.1 The council may appoint persons as inspectors for the council.

Powers and duties of inspectors

7.2 (1) During regular business hours an inspector may investigate, inquire into, inspect, observe or examine one or more of the following without a court order:

(a) the premises, the equipment and the materials used by a licensed practical nurse to practise practical nursing;

(b) the records of the licensed practical nurse relating to the licensed practical nurse's practice of practical nursing and copy the records;

(c) the practice of practical nursing performed by or under the supervision of the licensed practical nurse.

(2) The council may direct an inspector to act under subsection (1).

(3) If an inspector acts under this section as a consequence of a direction given under subsection (2), the inspector must report the results of these actions in writing to the council.

Search and seizure under court order

7.3 (1) A person authorized by the council may apply to the Supreme Court for an order that authorizes a person named in the order

(a) to enter into the premises or land of the person named in the order at any reasonable time and conduct an inspection, examination or analysis,

(b) to require the production of any record, property, assets or things and to inspect, examine or analyze them, and

(c) on giving a receipt, to seize and remove any record, property, assets or things inspected, examined or analyzed under paragraph (a) or (b) for further inspection, examination or analysis.

(2) Unless the court otherwise directs, an application under subsection (1) may be made ex parte and heard in camera.

(3) On application under subsection (1), the court may make an order under this section if satisfied on oath that there are reasonable grounds for believing that evidence may be found

(a) that a person who is not a licensed practical nurse has contravened this Act or the regulations, or

(b) that a person who is a licensed practical nurse

(i) has contravened this Act or the regulations,

(ii) has failed to comply with a limit or condition imposed under this Act or the regulations,

(iii) has acted in a manner that constitutes professional misconduct,

(iv) is not competent to practise practical nursing, or

(v) is suffering from a physical or mental ailment, an emotional disturbance or an addiction to alcohol or drugs that impairs the person's ability to practise practical nursing.

(4) In an order under this section, the court

(a) must identify the premises or land to be entered and must generally describe any thing to be searched for and examined, audited or seized,

(b) may include any limitations or conditions the court considers proper including the time of entry, the disposition of things seized and the access by any person to the things seized, and

(c) may direct that section 7.4 does not apply to a thing specified in the order

(i) provided all limitations and conditions included under paragraph (b) are met, and

(ii) unless, within 21 days of the seizure of the thing, a person who owned or controlled the thing at the time of the seizure requests by registered mail addressed to the council that section 7.4 apply to the thing seized.

(5) A person who, while conducting or attempting to conduct an entry or search under this section, finds any thing not described in the order that the person believes on reasonable grounds will provide evidence in respect of a contravention of this Act or the regulations may seize and remove that thing.

Detention of things seized

7.4 (1) For the purposes of subsection (2), the person who makes a seizure under section 7.3 must report the seizure as soon as practicable to a judge of the Supreme Court, who must be the judge who issued the order under which the seizure is made unless this is not practicable.

(2) On receiving a report under subsection (1), the judge must

(a) order the thing that was seized returned to its owner or other person entitled to it unless satisfied that an order under paragraph (b) should be made, or

(b) order the thing detained if satisfied that the detention is required for the purposes of this Act.

(3) An inspector may make or cause to be made one or more copies of any record detained under subsection (2).

(4) A document purporting to be certified by a representative of the council to be a true copy made under the authority of subsection (3) is evidence of the nature and content of the original document.

(5) Subject to an order under section 7.3 (4) (b), the person from whom any thing is detained under this section or the owner of the thing, if different, is entitled to inspect the thing at any reasonable time and, in the case of a record, to obtain one copy of the record at the expense of the council.

(6) No record must be detained under this section for a period longer than 3 months from the time of its seizure unless, before the expiration of the period, either

(a) the person from whom it was seized agrees to its continued detention, or

(b) the Supreme Court, on application and after being satisfied that its continued detention is justified, orders its continued detention for a specified period of time.

Prohibition against obstructing inspection or search

7.5 (1) A person must not obstruct an inspector in the lawful performances of duties or the lawful exercise of powers under this Act or the regulations.

(2) A person must not obstruct a person acting under section 7.3 or 7.4 or under an order under those sections.

Extraordinary action to protect public

7.6 (1) If the council considers the action necessary to protect the public during the investigation of a licensed practical nurse or pending a hearing of the council, it may

(a) set limits or conditions on the practice of practical nursing by the licensed practical nurse, or

(b) suspend the registration of the licensed practical nurse.

(2) If the council acts under subsection (1), it must notify the licensed practical nurse in writing of its decision, of the reasons for the decision and of the licensed practical nurse's right to appeal the decision to the Supreme Court.

(3) A decision under subsection (1) is not effective until the earlier of

(a) the time the licensed practical nurse receives the notice under subsection (2), and

(b) 3 days after the notice is mailed to the licensed practical nurse at the last address for the licensed practical nurse recorded in the register of the council.

(4) If the council determines that action taken under subsection (1) is no longer necessary to protect the public, it must cancel the limits, conditions or suspension and must notify the licensed practical nurse in writing of this as soon as possible.

(5) A licensed practical nurse against whom action has been taken under subsection (1) may appeal the decision to the Supreme Court and, for these purposes, the provisions of section 8.1 respecting an appeal from a decision of the council apply to an appeal under this section.

 
Nurses (Registered) Act

37 Section 1 of the Nurses (Registered) Act, R.S.B.C. 1979, c. 302, is amended by adding the following definition:

"inspector" means an inspector appointed under section 23.1; .

38 The following section is added:

Duties and objects of the association

2.1 (1) It is the duty of the association at all times

(a) to serve and protect the public, and

(b) to exercise its powers and discharge its responsibilities under all enactments in the public interest.

(2) The association has the following objects:

(a) to superintend the practice of nursing by its members;

(b) to govern members according to this Act and the rules;

(c) to establish, monitor and enforce standards of education and qualifications for registration of members;

(d) to establish, monitor and enforce standards of practice to enhance the quality of practice and reduce incompetent, impaired or unethical practice amongst members;

(e) to establish and maintain a continuing competency program to promote high practice standards amongst members;

(f) to establish a patient relations program to seek to prevent professional misconduct of a sexual nature;

(g) to establish, monitor and enforce standards of professional ethics amongst members;

(h) to require members to provide an individual access to the individual's health care records in appropriate circumstances;

(i) to inform individuals of their rights under this Act, the rules and the Freedom of Information and Protection of Privacy Act;

(j) to administer the affairs of the association and perform other duties through the exercise of the powers conferred by this Act or the rules;

(k) to carry out objects in the constitution not inconsistent with the foregoing.

39 Section 5 is repealed and the following substituted:

Board of directors

5 (1) The board of directors is established and is composed of

(a) persons elected or appointed to the board of directors under the constitution and bylaws of the association, and

(b) persons appointed by the minister.

(2) The number of persons appointed under subsection (1) (b) must be 1/3 of the total board of directors membership or the nearest whole number over 1/3 if the total number is not divisible by 3 without leaving a remainder.

40 The following sections are added:

Annual report

7.1 The board of directors must submit an annual report respecting the association, including information that the Lieutenant Governor in Council may prescribe, to the minister not later than 120 days after the end of the fiscal year for the association.

Inspectors

23.1 The board of directors may appoint persons as inspectors for the association.

Powers and duties of inspectors

23.2 (1) During regular business hours an inspector may investigate, inquire into, inspect, observe or examine one or more of the following without a court order:

(a) the premises, the equipment and the materials used by a member to practise nursing;

(b) the records of the member relating to the member's practice of nursing and copy the records;

(c) the practice of nursing performed by or under the supervision of the member.

(2) The chair of the professional conduct committee may direct an inspector to act under subsection (1).

(3) If an inspector acts under this section as a consequence of a direction given under subsection (2), the inspector must report the results of these actions in writing to the professional conduct committee.

Search and seizure under court order

23.3 (1) A person authorized by the professional conduct committee may apply to the Supreme Court for an order that authorizes a person named in the order

(a) to enter into the premises or land of the person named in the order at any reasonable time and conduct an inspection, examination or analysis,

(b) to require the production of any record, property, assets or things and to inspect, examine or analyze them, and

(c) on giving a receipt, to seize and remove any record, property, assets or things inspected, examined or analyzed under paragraph (a) or (b) for further inspection, examination or analysis.

(2) Unless the court otherwise directs, an application under subsection (1) may be made ex parte and heard in camera.

(3) On application under subsection (1), the court may make an order under this section if satisfied on oath that there are reasonable grounds for believing that evidence may be found

(a) that a person who is not a member has contravened this Act or the rules, or

(b) that a person who is a member

(i) has contravened this Act or the rules,

(ii) has failed to comply with a limit or condition imposed under this Act or the rules,

(iii) has acted in a manner that constitutes professional misconduct,

(iv) is not competent to practise nursing, or

(v) is suffering from a physical or mental ailment, an emotional disturbance or an addiction to alcohol or drugs that impairs the person's ability to practise nursing.

(4) In an order under this section, the court

(a) must identify the premises or land to be entered and must generally describe any thing to be searched for and examined, audited or seized,

(b) may include any limitations or conditions the court considers proper including the time of entry, the disposition of things seized and the access by any person to the things seized, and

(c) may direct that section 23.4 does not apply to a thing specified in the order

(i) provided all limitations and conditions included under paragraph (b) are met, and

(ii) unless, within 21 days of the seizure of the thing, a person who owned or controlled the thing at the time of the seizure requests by registered mail addressed to the professional conduct committee that section 23.4 apply to the thing seized.

(5) A person who, while conducting or attempting to conduct an entry or search under this section, finds anything not described in the order that the person believes on reasonable grounds will provide evidence in respect of a contravention of this Act or the rules may seize and remove that thing.

Detention of things seized

23.4 (1) For the purposes of subsection (2), the person who makes a seizure under section 23.3 must report the seizure as soon as practicable to a judge of the Supreme Court, who must be the judge who issued the order under which the seizure is made unless this is not practicable.

(2) On receiving a report under subsection (1), the judge must

(a) order the thing that was seized returned to its owner or other person entitled to it unless satisfied that an order under paragraph (b) should be made, or

(b) order the thing detained if satisfied that the detention is required for the purposes of this Act.

(3) An inspector may make or cause to be made one or more copies of any record detained under subsection (2).

(4) A document purporting to be certified by a representative of the professional conduct committee to be a true copy made under the authority of subsection (3) is evidence of the nature and content of the original document.

(5) Subject to an order under section 23.3 (4) (b), the person from whom any thing is detained under this section, or the owner of the thing if different, is entitled to inspect the thing at any reasonable time and, in the case of a record, to obtain one copy of the record at the expense of the association.

(6) No record must be detained under this section for a period longer than 3 months from the time of its seizure unless, before the expiration of the period, either

(a) the person from whom it was seized agrees to its continued detention, or

(b) the Supreme Court, on application and after being satisfied that its continued detention is justified, orders its continued detention for a specified period of time.

Prohibition against obstructing inspection or search

23.5 (1) A person must not obstruct an inspector in the lawful performances of duties or the lawful exercise of powers under this Act or the rules.

(2) A person must not obstruct a person acting under section 23.3 or 23.4 or under an order under those sections.

41 Section 24 is repealed and the following substituted:

Extraordinary action to protect public

24 (1) If the professional conduct committee considers the action necessary to protect the public during the investigation of a member or pending a hearing of the professional conduct committee, it may

(a) set limits or conditions on the practice of nursing by the member, or

(b) suspend the registration of the member.

(2) If the professional conduct committee acts under subsection (1), it must notify the member in writing of its decision, of the reasons for the decision and of the member's right to appeal the decision to the Supreme Court.

(3) A decision under subsection (1) is not effective until the earlier of

(a) the time the member receives the notice under subsection (2), and

(b) 3 days after the notice is mailed to the member at the last address for the member recorded in the register of the association.

(4) If the professional conduct committee determines that action taken under subsection (1) is no longer necessary to protect the public, it must cancel the limits, conditions or suspension and must notify the member in writing of this as soon as possible.

(5) A member against whom action has been taken under subsection (1) may appeal the decision to the Supreme Court and, for these purposes, the provisions of section 29 respecting an appeal from a decision of the board of directors apply to an appeal under this section.

42 Section 24.1 (1) (a) is amended by striking out "24 (1)" and substituting "24 (2)".

 
Nurses (Registered Psychiatric) Act

43 Section 1 of the Nurses (Registered Psychiatric) Act, R.S.B.C. 1979, c. 301, is amended by adding the following definitions:

"inspector" means an inspector appointed under section 7.1;

"psychiatric nursing" means practise as a psychiatric nurse registered under this Act; .

44 The following section is added:

Duty and objects of the association

2.1 (1) It is the duty of the association at all times

(a) to serve and protect the public, and

(b) to exercise its powers and discharge its responsibilities under all enactments in the public interest.

(2) The association has the following objects:

(a) to superintend the practice of psychiatric nursing;

(b) to govern members according to this Act and the bylaws, rules and regulations;

(c) to establish, monitor and enforce standards of education and qualifications for registration of members;

(d) to establish, monitor and enforce standards of practice to enhance the quality of practice and reduce incompetent, impaired or unethical practice amongst members;

(e) to establish and maintain a continuing competency program to promote high practice standards amongst members;

(f) to establish a patient relations program to seek to prevent professional misconduct of a sexual nature;

(g) to establish, monitor and enforce standards of professional ethics amongst members;

(h) to require members to provide an individual access to the individual's health care records in appropriate circumstances;

(i) to inform individuals of their rights under this Act, the bylaws, rules and regulations and the Freedom of Information and Protection of Privacy Act;

(j) to administer the affairs of the association and perform other duties through the exercise of the powers conferred by this Act, the bylaws, rules or regulations.

45 Section 4 (1), (1.1) and (2) is repealed and the following substituted:

Board of directors

4 (1) The board is established and is composed of

(a) the officers and directors of the association elected under the bylaws, and

(b) persons appointed by the minister.

(1.1) The board, if authorized under the bylaws, may appoint

(a) a person to fill a vacancy arising under subsection (1) (a), or

(b) no more than 2 non-members of the association or one student member of the association in substitution for members elected under subsection (1) (a).

(2) The number of persons appointed under subsection (1) (b) must be 1/3 of the total board membership or the nearest whole number over 1/3 if the total number is not divisible by 3 without leaving a remainder.

46 The following sections are added:

Annual report

4.1 The board must submit an annual report respecting the association, including information that the Lieutenant Governor in Council may prescribe, to the minister not later than 120 days after the end of the fiscal year for the association.

Inspectors

7.1 The professional conduct committee may appoint persons as inspectors for the association.

Powers and duties of inspectors

7.2 (1) During regular business hours an inspector may investigate, inquire into, inspect, observe or examine one or more of the following without a court order:

(a) the premises, the equipment and the materials used by a member to practise psychiatric nursing;

(b) the records of the member relating to the member's practice of psychiatric nursing and copy the records;

(c) the practice of psychiatric nursing performed by or under the supervision of the member.

(2) The professional conduct committee may direct an inspector to act under subsection (1).

(3) If an inspector acts under this section as a consequence of a direction given under subsection (2), the inspector must report the results of these actions in writing to the professional conduct committee.

Search and seizure under court order

7.3 (1) A person authorized by the professional conduct committee may apply to the Supreme Court for an order that authorizes a person named in the order

(a) to enter into the premises or land of the person named in the order at any reasonable time and conduct an inspection, examination or analysis,

(b) to require the production of any record, property, assets or things and to inspect, examine or analyze them, and

(c) on giving a receipt, to seize and remove any record, property, assets or things inspected, examined or analyzed under paragraph (a) or (b) for further inspection, examination or analysis.

(2) Unless the court otherwise directs, an application under subsection (1) may be made ex parte and heard in camera.

(3) On application under subsection (1), the court may make an order under this section if satisfied on oath that there are reasonable grounds for believing that evidence may be found

(a) that a person who is not a member has contravened this Act or the bylaws, rules or regulations, or

(b) that a person who is a member

(i) has contravened this Act or the bylaws, rules or regulations,

(ii) has failed to comply with a limit or condition imposed under this Act or the bylaws, rules or regulations,

(iii) has acted in a manner that constitutes professional misconduct,

(iv) is not competent to practise psychiatric nursing, or

(v) is suffering from a physical or mental ailment, an emotional disturbance or an addiction to alcohol or drugs that impairs the person's ability to practise psychiatric nursing.

(4) In an order under this section, the court

(a) must identify the premises or land to be entered and must generally describe any thing to be searched for and examined, audited or seized,

(b) may include any limitations or conditions the court considers proper including the time of entry, the disposition of things seized and the access by any person to the things seized, and

(c) may direct that section 7.4 does not apply to a thing specified in the order

(i) provided all limitations and conditions included under paragraph (b) are met, and

(ii) unless, within 21 days of the seizure of the thing, a person who owned or controlled the thing at the time of the seizure requests by registered mail addressed to the professional conduct committee that section 7.4 apply to the thing seized.

(5) A person who, while conducting or attempting to conduct an entry or search under this section, finds any thing not described in the order that the person believes on reasonable grounds will provide evidence in respect of a contravention of this Act or the bylaws, rules or regulations may seize and remove that thing.

Detention of things seized

7.4 (1) For the purposes of subsection (2), the person who makes a seizure under section 7.3 must report the seizure as soon as practicable to a judge of the Supreme Court, who must be the judge who issued the order under which the seizure is made unless this is not practicable.

(2) On receiving a report under subsection (1), the judge must

(a) order the thing that was seized returned to its owner or other person entitled to it unless satisfied that an order under paragraph (b) should be made, or

(b) order the thing detained if satisfied that the detention is required for the purposes of this Act.

(3) An inspector may make or cause to be made one or more copies of any record detained under subsection (2).

(4) A document purporting to be certified by a representative of the board to be a true copy made under the authority of subsection (3) is evidence of the nature and content of the original document.

(5) Subject to an order under section 7.3 (4) (b), the person from whom any thing is detained under this section or the owner of the thing, if different, is entitled to inspect the thing at any reasonable time and, in the case of a record, to obtain one copy of the record at the expense of the board.

(6) No record must be detained under this section for a period longer than 3 months from the time of its seizure unless, before the expiration of the period, either

(a) the person from whom it was seized agrees to its continued detention, or

(b) the Supreme Court, on application and after being satisfied that its continued detention is justified, orders its continued detention for a specified period of time.

Prohibition against obstructing inspection or search

7.5 (1) A person must not obstruct an inspector in the lawful performances of duties or the lawful exercise of powers under this Act or the bylaws, rules and regulations.

(2) A person must not obstruct a person acting under section 7.3 or 7.4 or under an order under those sections.

Extraordinary action to protect public

7.6 (1) If the professional conduct committee considers the action necessary to protect the public during the investigation of a member or pending a hearing of the professional conduct committee, it may

(a) set limits or conditions on the practice of psychiatric nursing by the member, or

(b) suspend the registration of the member.

(2) If the professional conduct committee acts under subsection (1), it must notify the member in writing of its decision, of the reasons for the decision and of the member's right to appeal the decision to the Supreme Court.

(3) A decision under subsection (1) is not effective until the earlier of

(a) the time the member receives the notice under subsection (2), and

(b) 3 days after the notice is mailed to the member at the last address for the member recorded in the register of the association.

(4) If the professional conduct committee determines that action taken under subsection (1) is no longer necessary to protect the public, it must cancel the limits, conditions or suspension and must notify the member in writing of this as soon as possible.

(5) A member against whom action has been taken under subsection (1) may appeal the decision to the Supreme Court and, for these purposes, the provisions of section 8 respecting an appeal from a decision of the board apply to an appeal under this section.

 
Optometrists Act

47 Section 1 of the Optometrists Act, R.S.B.C. 1979, c. 307, is amended by adding the following definition:

"inspector" means an inspector appointed under section 13.1; .

48 Section 8 (1), (2), (2.1), (3) and (4) is repealed and the following substituted:

(1) There must be a board of examiners composed of 9 persons.

(2) The minister may appoint 3 persons who are not optometrists to be members of the board.

(2.1) There must be 6 optometrists elected to the board under the bylaws for a term of 3 years.

(3) The council may rescind the appointment of a member elected under subsection (2.1) and the rescission takes effect as soon as a successor is elected.

49 The following section is added:

Duties and objects of the board

8.1 (1) It is the duty of the board at all times

(a) to serve and protect the public, and

(b) to exercise its powers and discharge its responsibilities under all enactments in the public interest.

(2) The board has the following objects:

(a) to superintend the practice of optometry;

(b) to govern members according to this Act and the rules;

(c) to establish, monitor and enforce standards of education and qualifications for registration of members;

(d) to establish, monitor and enforce standards of practice to ensure the quality of practice and reduce incompetent, impaired or unethical practice amongst members;

(e) to establish and maintain a competency program to promote high practice standards amongst members;

(f) to establish a patient relations program to seek to prevent professional misconduct of a sexual nature;

(g) to establish, monitor and enforce standards of professional ethics amongst members;

(h) to require members to provide an individual with access to the individual's health care records in appropriate circumstances;

(i) to inform individuals of their rights under this Act, the rules and the Freedom of Information and Protection of Privacy Act;

(j) to administer the affairs of the board and perform other duties through the exercise of the powers conferred by this Act or the rules.

50 The following sections are added:

Annual report

9.1 The board must submit an annual report respecting the board, including information that the Lieutenant Governor in Council may prescribe, to the minister not later than 120 days after the end of the fiscal year for the board.

Inspectors

13.1 The board may appoint inspectors.

Powers and duties of inspectors

13.2 (1) During regular business hours an inspector may investigate, inquire into, inspect, observe or examine one or more of the following without a court order:

(a) the premises, the equipment and the materials used by a member to practise optometry;

(b) the records of a member relating to the member's practice of optometry and may copy the records;

(c) the practice of optometry performed by or under the supervision of the member.

(2) The board may direct an inspector to act under subsection (1).

(3) If an inspector acts under this section as a consequence of a direction given under subsection (2), the inspector must report the results of these actions in writing to the board.

Search and seizure under court order

13.3 (1) A person authorized by the board may apply to the Supreme Court for an order that authorizes a person named in the order

(a) to enter the premises or land of the person named in the order at any reasonable time and conduct an inspection, examination or analysis,

(b) to require the production of any record, property, assets or things and to inspect, examine or analyze them, and

(c) on giving a receipt, to seize and remove any record, property, assets or things inspected, examined or analyzed under paragraph (a) or (b) for further inspection, examination or analysis.

(2) Unless the court otherwise directs, an application under subsection (1) may be made ex parte and heard in camera.

(3) On application under subsection (1), the court may make an order under this section if satisfied on oath that there are reasonable grounds for believing that evidence may be found

(a) that a person who is not a member has contravened this Act or the rules, or

(b) that a person who is a member

(i) has contravened this Act or the rules,

(ii) has failed to comply with a limit or condition imposed under this Act or the rules,

(iii) has acted in a manner that constitutes professional misconduct,

(iv) is not competent to practise optometry, or

(v) is suffering from a physical or mental ailment, an emotional disturbance or an addiction to alcohol or drugs that impairs the person's ability to practise optometry.

(4) In an order under this section, the court

(a) must identify the premises or land to be entered and must generally describe any thing to be searched for and examined, audited or seized,

(b) may include any limitations or conditions the court considers proper including the time of entry, the disposition of things seized and the access by any person to the things seized, and

(c) may direct that section 13.4 does not apply to a thing specified in the order

(i) provided all limitations and conditions included under paragraph (b) are met, and

(ii) unless, within 21 days of the seizure of the thing, a person who owned or controlled the thing at the time of the seizure requests by registered mail addressed to the board that section 13.4 apply to the thing seized.

(5) A person who, while conducting or attempting to conduct an entry or search under this section, finds anything not described in the order that the person believes on reasonable grounds will provide evidence in respect of a contravention of this Act or the rules may seize and remove that thing.

Detention of things seized

13.4 (1) For the purposes of subsection (2), the person who makes a seizure under section 13.3 must report the seizure as soon as practicable to a judge of the Supreme Court, who must be the judge who issued the order under which the seizure was made unless this is not practicable.

(2) On receiving a report under subsection (1), the judge must

(a) order the thing that was seized returned to its owner or other person entitled to it unless satisfied that an order under paragraph (b) should be made, or

(b) order the thing detained if satisfied that the detention is required for the purposes of this Act.

(3) An inspector may make or cause to be made one or more copies of any record detained under subsection (2).

(4) A document purporting to be certified by a representative of the board to be a true copy made under the authority of subsection (3) is evidence of the nature and content of the original document.

(5) Subject to an order under section 13.3 (4) (b), the person from whom any thing is seized under this section, or the owner of the thing if different, is entitled to inspect the thing at any reasonable time and, in the case of a record, to obtain one copy of the record at the expense of the board.

(6) No record must be detained under this section for a period longer than 3 months from the time of its seizure unless, before the expiration of the period, either

(a) the person from whom it was seized agrees to its continued detention, or

(b) the Supreme Court, on application and after being satisfied that its continued detention is justified, orders its continued detention for a specified period of time.

Prohibition against obstructing inspection or search

13.5 (1) A person must not obstruct an inspector in the lawful performance of duties or the lawful exercise of powers under this Act or the rules.

(2) A person must not obstruct a person acting under section 13.3 or 13.4 or under an order under those sections.

Extraordinary action to protect public

13.6 (1) If the board considers the action necessary to protect the public during the investigation of a member or pending a hearing of the board, it may

(a) set limits or conditions on the practice of optometry by the member, or

(b) suspend the registration of the member.

(2) If the board acts under subsection (1), it must notify the member in writing of its decision, of the reasons for the decision and of the member's right to appeal that decision to the Supreme Court.

(3) A decision under subsection (1) is not effective until the earlier of

(a) the time the member receives the notice under subsection (2), and

(b) 3 days after the notice is mailed to the member at the last address for the member recorded in the register of the association.

(4) If the board determines that action taken under subsection (1) is no longer necessary to protect the public, it must cancel the limits, conditions or suspension and must notify the member in writing of this as soon as possible.

(5) A member against whom action has been taken under subsection (1) may appeal the decision to the Supreme Court and, for these purposes, the provisions of section 15 respecting an appeal from a decision of the board apply to an appeal under this section.

 
Physiotherapists Act

51 Section 1 of the Physiotherapists Act, R.S.B.C. 1979, c. 327, is amended by adding the following definitions:

"inspector" means an inspector appointed under section 30.1;

"profession" means practice as a medical physical therapist, a chartered physiotherapist, a registered physiotherapist, a remedial gymnast or a massage practitioner; .

52 The following section is added:

Duties and objects of the association

2.1 (1) It is the duty of the association at all times

(a) to serve and protect the public, and

(b) to exercise its powers and discharge its responsibilities under all enactments in the public interest.

(2) The association has the following objects:

(a) to superintend the practice of the profession;

(b) to govern members according to this Act and the rules;

(c) to establish, monitor and enforce standards of education and qualifications for registration of members;

(d) to establish, monitor and enforce standards of practice to enhance the quality of practice and reduce incompetent, impaired or unethical practice amongst members;

(e) to establish and maintain a continuing competency program to promote high practice standards amongst members;

(f) to establish a patient relations program to seek to prevent professional misconduct of a sexual nature;

(g) to establish, monitor and enforce standards of professional ethics amongst members;

(h) to require members to provide an individual access to the individual's health care records in appropriate circumstances;

(i) to inform individuals of their rights under this Act, the rules and the Freedom of Information and Protection of Privacy Act;

(j) to administer the affairs of the association and perform other duties through the exercise of the powers conferred by this Act or the rules.

53 Section 24 (1), (2) and (4) is repealed and the following substituted:

(1) The Council of Physiotherapists and Massage Practitioners is established and is composed of

(a) 2 persons elected by the members of the association from among persons registered under Part 1,

(b) 2 persons elected by the members of the association from among persons registered under Part 2,

(c) 2 persons elected by the members of the association from among persons registered under Part 3, and

(d) 3 persons appointed by the minister.

(2) Of the persons elected under each of subsection (1) (a), (b) and (c) at least one must have the chief place of residence elsewhere in British Columbia than in the Greater Vancouver Regional District.

(4) The chartered physiotherapy section of the council is composed of

(a) the members of the council elected under subsection (1) (a), and

(b) the member of the council appointed under subsection (1) (d) and designated by the minister to be a member of the chartered physiotherapy section.

(4.1) The registered physiotherapy section of the council is composed of

(a) the members of the council elected under subsection (1) (b), and

(b) the member of the council appointed under subsection (1) (d) and designated by the minister to be a member of the registered physiotherapy section.

(4.2) The massage section of the council is composed of

(a) the members of the council elected under subsection (1) (c), and

(b) the member of the council appointed under subsection (1) (d) and designated by the minister to be a member of the massage section.

54 The following sections are added:

Annual report

25.11 The council must submit an annual report respecting the association, including information that the Lieutenant Governor in Council may prescribe, to the minister not later than 120 days after the end of the fiscal year for the association.

Inspectors

30.1 The council may appoint inspectors for the association.

Powers and duties of inspectors

30.2 (1) During regular business hours an inspector may investigate, inquire into, inspect, observe or examine one or more of the following without a court order:

(a) the premises, the equipment and the materials used by a member to practise the profession;

(b) the records of the member relating to the member's practice of the profession and may copy those records;

(c) the practice of the profession performed by or under the supervision of the member.

(2) A board may direct an inspector to act under subsection (1).

(3) If an inspector acts under this section as a consequence of a direction given under subsection (2), the inspector must report the results of these actions in writing to the board that gave the direction.

Search and seizure under court order

30.3 (1) A person authorized by a board may apply to the Supreme Court for an order that authorizes a person named in the order

(a) to enter the premises or land of the person named in the order at any reasonable time and conduct an inspection, examination or analysis,

(b) to require the production of any record, property, assets or things and to inspect, examine or analyze them, and

(c) on giving a receipt, to seize and remove any record, property, assets or things inspected, examined or analyzed under paragraph (a) or (b) for further inspection, examination or analysis.

(2) Unless the court otherwise directs, an application under subsection (1) may be made ex parte and heard in camera.

(3) On application under subsection (1), the court may make an order under this section if satisfied on oath that there are reasonable grounds for believing that evidence may be found

(a) that a person who is not a member has contravened this Act or the rules, or

(b) that a person who is a member

(i) has contravened this Act or the rules,

(ii) has failed to comply with a limit or condition imposed under this Act or the rules,

(iii) has acted in a manner that constitutes professional misconduct,

(iv) is not competent to practise the profession, or

(v) is suffering from a physical or mental ailment, an emotional disturbance or an addiction to alcohol or drugs that impairs the person's ability to practise the profession.

(4) In an order under this section, the court

(a) must identify the premises or land to be entered and must generally describe any thing to be searched for and examined, audited or seized,

(b) may include any limitations or conditions the court considers proper including the time of entry, the disposition of things seized and the access by any person to the things seized, and

(c) may direct that section 30.4 does not apply to a thing specified in the order

(i) provided all limitations and conditions included under paragraph (b) are met, and

(ii) unless, within 21 days of the seizure of the thing, a person who owned or controlled the thing at the time of the seizure requests by registered mail addressed to the board that section 30.4 apply to the thing seized.

(5) A person who, while conducting or attempting to conduct an entry or search under this section, finds anything not described in the order that the person believes on reasonable grounds will provide evidence in respect of a contravention of this Act or the rules may seize and remove that thing.

Detention of things seized

30.4 (1) For the purposes of subsection (2), the person who makes a seizure under section 30.3 must report the seizure as soon as practicable to a judge of the Supreme Court, who must be the judge who issued the order under which the seizure was made unless this is not practicable.

(2) On receiving a report under subsection (1), the judge must

(a) order the thing that was seized returned to its owner or other person entitled to it unless satisfied that an order under paragraph (b) should be made, or

(b) order the thing detained if satisfied that the detention is required for the purposes of this Act.

(3) An inspector may make or cause to be made one or more copies of any record detained under subsection (2).

(4) A document purporting to be certified by a representative of the board to be a true copy made under the authority of subsection (3) is evidence of the nature and content of the original document.

(5) Subject to an order under section 30.3 (4) (b), the person from whom any thing is seized under this section, or the owner of the thing if different, is entitled to inspect the thing at any reasonable time and, in the case of a record, to obtain one copy of the record at the expense of the board.

(6) No record must be detained under this section for a period longer than 3 months from the time of its seizure unless, before the expiration of the period, either

(a) the person from whom it was seized agrees to its continued detention, or

(b) the Supreme Court, on application and after being satisfied that its continued detention is justified, orders its continued detention for a specified period of time.

Prohibition against obstructing inspection or search

30.5 (1) A person must not obstruct an inspector in the lawful performance of duties or the lawful exercise of powers under this Act or the rules.

(2) A person must not obstruct a person acting under section 30.3 or 30.4 or under an order under those sections.

Extraordinary action to protect public

30.6 (1) If a board considers the action necessary to protect the public during the investigation of a member or pending a hearing of the council, it may

(a) set limits or conditions on the practice of the profession by the member, or

(b) suspend the registration of the member.

(2) If a board acts under subsection (1), it must notify the member in writing of its decision, of the reasons for the decision and of the member's right to appeal the decision to the Supreme Court.

(3) A decision under subsection (1) is not effective until the earlier of

(a) the time the member receives the notice under subsection (2), and

(b) 3 days after the notice is mailed to the member at the last address for the member recorded in the register.

(4) If the board determines that action taken under subsection (1) is no longer necessary to protect the public, it must cancel the limits, conditions or suspension and must notify the member in writing of this as soon as possible.

(5) A member against whom action has been taken under subsection (1) may appeal the decision to the Supreme Court and, for these purposes, the provisions of section 34 respecting an appeal from a decision of the council apply to an appeal under this section.

 
Podiatrists Act

55 Section 1 of the Podiatrists Act, R.S.B.C. 1979, c. 330, is amended by adding the following definition:

"inspector" means an inspector appointed under section 8.1; .

56 Section 2 (1) is repealed and the following substituted:

(1) The Board of Examiners in Podiatry is established and is composed of

(a) 4 persons appointed by the executive council of the association, and

(b) 2 persons appointed by the minister.

57 The following section is added:

Duties and objects of the association

2.1 (1) It is the duty of the association at all times

(a) to serve and protect the public, and

(b) to exercise its powers and discharge its responsibilities under all enactments in the public interest.

(2) The association has the following objects:

(a) to superintend the practice of podiatry;

(b) to govern registered podiatrists according to this Act and the rules;

(c) to establish, monitor and enforce standards of education and qualifications for registration of registered podiatrists;

(d) to establish, monitor and enforce standards of practice to enhance the quality of practice and reduce incompetent, impaired or unethical practice amongst registered podiatrists;

(e) to establish and maintain a continuing competency program to promote high practice standards amongst registered podiatrists;

(f) to establish a patient relations program to seek to prevent professional misconduct of a sexual nature;

(g) to establish, monitor and enforce standards of professional ethics amongst registered podiatrists;

(h) to require registered podiatrists to provide an individual with access to the individual's health care records in appropriate circumstances;

(i) to inform individuals of their rights under this Act, the rules and the Freedom of Information and Protection of Privacy Act;

(j) to administer the affairs of the association and perform other duties through the exercise of the powers conferred by this Act or the rules.

58 The following sections are added:

Annual report

3.1 The board must submit an annual report respecting the association, including information that the Lieutenant Governor in Council may prescribe, to the minister not later than 120 days after the end of the fiscal year for the association.

Inspectors

8.1 The board may appoint inspectors for the association.

Powers and duties of inspectors

8.2 (1) During regular business hours an inspector may investigate, inquire into, inspect, observe or examine one or more of the following without a court order:

(a) the premises, the equipment and the materials used by a registered podiatrist to practise podiatry;

(b) the records of the registered podiatrist relating to the registered podiatrist's practice of podiatry and may copy those records;

(c) the practice of podiatry performed by or under the supervision of the registered podiatrist.

(2) The board may direct an inspector to act under subsection (1).

(3) If an inspector acts under this section as a consequence of a direction given under subsection (2), the inspector must report the results of these actions in writing to the board.

Search and seizure under court order

8.3 (1) A person authorized by the board may apply to the Supreme Court for an order that authorizes a person named in the order

(a) to enter the premises or land of the person named in the order at any reasonable time and conduct an inspection, examination or analysis,

(b) to require the production of any record, property, assets or things and to inspect, examine or analyze them, and

(c) on giving a receipt, to seize and remove any record, property, assets or things inspected, examined or analyzed under paragraph (a) or (b) for further inspection, examination or analysis.

(2) Unless the court otherwise directs, an application under subsection (1) may be made ex parte and heard in camera.

(3) On application under subsection (1), the court may make an order under this section if satisfied on oath that there are reasonable grounds for believing that evidence may be found

(a) that a person who is not a registered podiatrist has contravened this Act or the rules, or

(b) that a person who is a registered podiatrist,

(i) has contravened this Act or the rules,

(ii) has failed to comply with a limit or condition imposed under this Act or the rules,

(iii) has acted in a manner that constitutes professional misconduct,

(iv) is not competent to practise podiatry, or

(v) is suffering from a physical or mental ailment, an emotional disturbance or an addiction to alcohol or drugs that impairs the person's ability to practise podiatry.

(4) In an order under this section, the court

(a) must identify the premises or land to be entered and must generally describe any thing to be searched for and examined, audited or seized,

(b) may include any limitations or conditions the court considers proper including the time of entry, the disposition of things seized and the access by any person to the things seized, and

(c) may direct that section 8.4 does not apply to a thing specified in the order

(i) provided all limitations and conditions included under paragraph (b) are met, and

(ii) unless, within 21 days of the seizure of the thing, a person who owned or controlled the thing at the time of the seizure requests by registered mail addressed to the board that section 8.4 apply to the thing seized.

(5) A person who, while conducting or attempting to conduct an entry or search under this section, finds anything not described in the order that the person believes on reasonable grounds will provide evidence in respect of a contravention of this Act or the rules may seize and remove that thing.

Detention of things seized

8.4 (1) For the purposes of subsection (2), the person who makes a seizure under section 8.3 must report the seizure as soon as practicable to a judge of the Supreme Court, who must be the judge who issued the order under which the seizure was made unless this is not practicable.

(2) On receiving a report under subsection (1), the judge must

(a) order the thing that was seized returned to its owner or other person entitled to it unless satisfied that an order under paragraph (b) should be made, or

(b) order the thing detained if satisfied that the detention is required for the purposes of this Act.

(3) An inspector may make or cause to be made one or more copies of any record detained under subsection (2).

(4) A document purporting to be certified by a representative of the board to be a true copy made under the authority of subsection (3) is evidence of the nature and content of the original document.

(5) Subject to an order under section 8.3 (4) (b), the person from whom any thing is seized under this section, or the owner of the thing if different, is entitled to inspect the thing at any reasonable time and, in the case of a record, to obtain one copy of the record at the expense of the board.

(6) No record must be detained under this section for a period longer than 3 months from the time of its seizure unless, before the expiration of the period, either

(a) the person from whom it was seized agrees to its continued detention, or

(b) the Supreme Court, on application and after being satisfied that its continued detention is justified, orders its continued detention for a specified period of time.

Prohibition against obstructing inspection or search

8.5 (1) A person must not obstruct an inspector in the lawful performance of duties or the lawful exercise of powers under this Act or the rules.

(2) A person must not obstruct a person acting under section 8.3 or 8.4 or under an order under those sections.

Extraordinary action to protect public

8.6 (1) If the board considers the action necessary to protect the public during the investigation of a registered podiatrist or pending a hearing of the board, it may

(a) set limits or conditions on the practice of podiatry by the registered podiatrist, or

(b) suspend the registration of the registered podiatrist.

(2) If the board acts under subsection (1), it must notify the registered podiatrist in writing of its decision, of the reasons for the decision and of the registered podiatrist's right to appeal that decision to the Supreme Court.

(3) A decision under subsection (1) is not effective until the earlier of

(a) the time the registered podiatrist receives the notice under subsection (2), and

(b) 3 days after the notice is mailed to the registered podiatrist at the last address for the registered podiatrist recorded in the register of the association.

(4) If the board determines that action taken under subsection (1) is no longer necessary to protect the public, it must cancel the limits, conditions or suspension and must notify the registered podiatrist in writing of this as soon as possible.

(5) A registered podiatrist against whom action has been taken under subsection (1) may appeal the decision to the Supreme Court.

 
Psychologists Act

59 Section 1 of the Psychologists Act, R.S.B.C. 1979, c. 342, is amended by adding the following definition:

"inspector" means an inspector appointed under section 8.2; .

60 The following section is added:

Duties and objects of the college

3.1 (1) It is the duty of the college at all times

(a) to serve and protect the public, and

(b) to exercise its powers and discharge its responsibilities under all enactments in the public interest.

(2) The college has the following objects:

(a) to superintend the practice of psychology by registered psychologists;

(b) to govern registered psychologists according to this Act, the bylaws and the rules;

(c) to establish, monitor and enforce standards of education and qualifications for registration of registered psychologists;

(d) to establish, monitor and enforce standards of practice to enhance the quality of practice and reduce incompetent, impaired or unethical practice amongst registered psychologists;

(e) to establish and maintain a continuing competency program to promote high practice standards amongst registered psychologists;

(f) to establish a patient relations program to seek to prevent professional misconduct of a sexual nature;

(g) to establish, monitor and enforce standards of professional ethics amongst registered psychologists;

(h) to require registered psychologists to provide an individual with access to the individual's health care records in appropriate circumstances;

(i) to inform individuals of their rights under this Act, the rules and the Freedom of Information and Protection of Privacy Act;

(j) to administer the affairs of the college and perform other duties through the exercise of the powers conferred by this Act, the bylaws or the rules.

61 Section 4 (1) and (2) is repealed and the following substituted:

(1) The board is established and is composed of

(a) 6 registered psychologists elected under the bylaws by the members of the college, and

(b) 3 persons appointed by the minister.

62 The following sections are added:

Annual report

8.1 The board must submit an annual report respecting the college, including information that the Lieutenant Governor in Council may prescribe, to the minister not later than 120 days after the end of the fiscal year for the college.

Inspectors

8.2 The board may appoint inspectors for the college.

Powers and duties of inspectors

8.3 (1) During regular business hours an inspector may investigate, inquire into, inspect, observe or examine one or more of the following without a court order:

(a) the premises, the equipment and the materials used by a registered psychologist to practise psychology;

(b) the records of the registered psychologist relating to the registered psychologist's practice of psychology and may copy those records;

(c) the practice of psychology performed by or under the supervision of the registered psychologist.

(2) The board may direct an inspector to act under subsection (1).

(3) If an inspector acts under this section as a consequence of a direction given under subsection (2), the inspector must report the results of these actions in writing to the board.

Search and seizure under court order

8.4 (1) A person authorized by the board may apply to the Supreme Court for an order that authorizes a person named in the order

(a) to enter the premises or land of the person named in the order at any reasonable time and conduct an inspection, examination or analysis,

(b) to require the production of any record, property, assets or things and to inspect, examine or analyze them, and

(c) on giving a receipt, to seize and remove any record, property, assets or things inspected, examined or analyzed under paragraph (a) or (b) for further inspection, examination or analysis.

(2) Unless the court otherwise directs, an application under subsection (1) may be made ex parte and heard in camera.

(3) On application under subsection (1), the court may make an order under this section if satisfied on oath that there are reasonable grounds for believing that evidence may be found

(a) that a person who is not a registered psychologist has contravened this Act, the bylaws, or the rules, or

(b) that a person who is a registered psychologist

(i) has contravened this Act, the bylaws, or the rules,

(ii) has failed to comply with a limit or condition imposed under this Act, the bylaws, or the rules,

(iii) has acted in a manner that constitutes professional misconduct,

(iv) is not competent to practise psychology, or

(v) is suffering from a physical or mental ailment, an emotional disturbance or an addiction to alcohol or drugs that impairs the person's ability to practise psychology.

(4) In an order under this section, the court

(a) must identify the premises or land to be entered and must generally describe any thing to be searched for and examined, audited or seized,

(b) may include any limitations or conditions the court considers proper including the time of entry, the disposition of things seized and the access by any person to the things seized, and

(c) may direct that section 8.5 does not apply to a thing specified in the order

(i) provided all limitations and conditions included under paragraph (b) are met, and

(ii) unless, within 21 days of the seizure of the thing, a person who owned or controlled the thing at the time of the seizure requests by registered mail addressed to the board that section 8.5 apply to the thing seized.

(5) A person who, while conducting or attempting to conduct an entry or search under this section, finds anything not described in the order that the person believes on reasonable grounds will provide evidence in respect of a contravention of this Act, the bylaws, or the rules may seize and remove that thing.

Detention of things seized

8.5 (1) For the purposes of subsection (2), the person who makes a seizure under section 8.4 must report the seizure as soon as practicable to a judge of the Supreme Court, who must be the judge who issued the order under which the seizure was made unless this is not practicable.

(2) On receiving a report under subsection (1), the judge must

(a) order the thing that was seized returned to its owner or other person entitled to it unless satisfied that an order under paragraph (b) should be made, or

(b) order the thing detained if satisfied that the detention is required for the purposes of this Act.

(3) An inspector may make or cause to be made one or more copies of any record detained under subsection (2).

(4) A document purporting to be certified by a representative of the board to be a true copy made under the authority of subsection (3) is evidence of the nature and content of the original document.

(5) Subject to an order under section 8.4 (4) (b), the person from whom any thing is seized under this section or the owner of the thing, if different, is entitled to inspect the thing at any reasonable time and, in the case of a record, to obtain one copy of the record at the expense of the board.

(6) No record must be detained under this section for a period longer than 3 months from the time of its seizure unless, before the expiration of the period, either

(a) the person from whom it was seized agrees to its continued detention, or

(b) the Supreme Court, on application and after being satisfied that its continued detention is justified, orders its continued detention for a specified period of time.

Prohibition against obstructing inspection or search

8.6 (1) A person must not obstruct an inspector in the lawful performance of duties or the lawful exercise of powers under this Act, the bylaws or the rules.

(2) A person must not obstruct a person acting under section 8.4 or 8.5 or under an order under those sections.

Extraordinary action to protect public

8.7 (1) If the board considers the action necessary to protect the public during the investigation of a registered psychologist or pending a hearing of the board, it may

(a) set limits or conditions on the practice of psychology by the registered psychologist, or

(b) suspend the registration of the registered psychologist.

(2) If the board acts under subsection (1), it must notify the registered psychologist in writing of its decision, of the reasons for the decision and of the registered psychologist's right to appeal that decision to the Supreme Court.

(3) A decision under subsection (1) is not effective until the earlier of

(a) the time the registered psychologist receives the notice under subsection (2), and

(b) 3 days after the notice is mailed to the registered psychologist at the last address for the registered psychologist recorded in the register of the college.

(4) If the board determines that action taken under subsection (1) is no longer necessary to protect the public, it must cancel the limits, conditions or suspension and must notify the registered psychologist in writing of this as soon as possible.

(5) A registered psychologist against whom action has been taken under subsection (1) may appeal the decision to the Supreme Court and, for these purposes, the provisions of section 13 respecting an appeal from a decision of the board apply to an appeal under this section.

63 Section 9.1 is repealed.

64 Section 9.3 is amended by striking out "section 9 or 9.1" and substituting "section 9".

Transitional

65 (1) In this section "governing body" means, as circumstances require,

(a) the board established under section 3 of the Chiropractors Act,

(b) the council elected under section 4 of the Dentists Act,

(c) the council under the Medical Practitioners Act,

(d) the board constituted under section 3 of the Naturopaths Act,

(e) the council established under section 3 of the Nurses (Licensed Practical) Act,

(f) the board of directors under section 5 of the Nurses (Registered) Act,

(g) the board referred to in section 4 of the Nurses (Registered Psychiatric) Act,

(h) the board continued under the Optometrists Act,

(i) the Council of Physiotherapists and Massage Practitioners under the Physiotherapists Act,

(j) the board referred to in section 2 of the Podiatrists Act, or

(k) the board referred to in section 4 of the Psychologists Act.

(2) The Lieutenant Governor in Council may make a regulation to facilitate the change in composition of a governing body from that applicable before this Act comes into force to that specified in this Act.

(3) A regulation must not be made under subsection (2) for a governing body until the minister has consulted with the governing body concerning the proposed regulation.

(4) A regulation under subsection (2), for the purposes of the transition, may

(a) increase the number of members, or the number of a class of members, of a governing body, or

(b) set or change the term of a governing body.

(5) If there is a conflict between a regulation under this section and an enactment applicable to a board or council the regulation applies.

(6) This section is repealed on June 30, 1995.

Commencement

66 This Act comes into force by regulation of the Lieutenant Governor in Council.

 
Explanatory Notes

This Bill amends 15 Acts regulating health care professions.

These amendments set out duties and objects for each regulatory body, establish that each regulatory body will have 1/3 of its members who are not members of the profession being regulated,


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