2003 Legislative Session: 4th Session, 37th Parliament
THIRD READING
The following electronic version is for informational
purposes only.
The printed version remains the official version.
Certified correct as passed Third Reading on the 7th day of October, 2003
Ian D. Izard, Law Clerk
HONOURABLE SINDI HAWKINS
MINISTER OF HEALTH PLANNING
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 Section 10 (3) of the Health Professions Act, R.S.B.C. 1996, c. 183, as enacted by section 13 of the Health Planning Statutes Amendment Act, 2002, S.B.C. 2002, c. 15, is repealed.
2 Section 12 is amended
(a) by adding the following subsections:
(2.1) A designation under subsection (1) and regulations under subsection (2) may recognize that 2 or more health professions are included in the designation.
(2.2) If subsection (2.1) applies to a college, this Act, the regulations or the bylaws of the college may be applied to
(a) each health profession separately, or
(b) 2 or more health professions jointly. , and
(b) by repealing subsection (3) and substituting the following:
(3) Subject to subsection (4), notice of a proposal to make, amend or repeal a regulation under this section must be given to the college of each health profession prescribed for the purpose of this subsection at least 3 months before the regulation, amendment or repeal comes into force.
(4) A notice period of less than 3 months applies for the purposes of subsection (3) if the minister specifies this shorter notice period.
3 Section 14 is amended by striking out "or" at the end of paragraph (a) and by adding the following paragraph:
(a.1) providing assistance to a person by prayer or spiritual means in accordance with the tenets of the religion of the provider of the assistance without pretending a knowledge of a health profession, or .
4 Section 15 is amended by adding the following subsection:
(3.1) A college may borrow or raise money, or guarantee or secure the payment of money, for the purposes of this Act.
5 Section 16 (2) (c) is repealed and the following substituted:
(c) to establish standards of academic or technical achievement and the qualifications required for registration as a member of the college; .
6 Section 17 (5) is repealed and the following substituted:
(5) A member of a board who has resigned or whose appointment or term of office has expired may, even if a successor is appointed or elected, continue to serve as a member of a committee established under section 19 (1) (t) to complete work of the committee that began before the resignation or expiry.
7 The following sections are added:
17.1 (1) Immediately after an election the registrar must
(a) certify the person who is elected as a member of the board, and
(b) specify in the certificate the dates the member's term of office begins and ends.
(2) Subject to this section, a certificate under subsection (1) is conclusive evidence that the person named in the certificate has been elected a member of the board.
(3) A registrant may question a certificate under subsection (1) by petition to the Supreme Court within 30 days of the certificate being issued by the registrar setting out the grounds on which the registrant questions the certificate.
(4) A petition must be served on the registrar and on the person certified to be elected.
(5) A petition must be heard in a summary way.
(6) The court may give directions on procedure and on persons to be served with the petition.
(7) The court may decide that a person was elected or may order a new election and give directions.
(8) A decision of the court is not subject to appeal and the college and all other persons must be governed by it.
(9) Subsection (1) applies and subsection (3) does not apply to a new election held under subsection (7).
17.2 (1) A board may appoint an executive committee to exercise the powers and perform the duties and functions of the board that are specified in the bylaws.
(2) An executive committee must be composed of members of the board and at least one third of the members of the executive committee must be persons referred to in section 17 (3) (b).
(3) A reference in this Act or the bylaws to a board includes reference to its executive committee if the board has specified under subsection (1) that the executive committee is to exercise the power or perform the duty or function covered by the reference.
8 The following sections are added:
18.1 (1) If the minister considers it necessary in the public interest, the minister may appoint a person to inquire into
(a) any aspect of the administration or operation of a college, or
(b) the state of practice of a health profession in
(i) British Columbia,
(ii) a locality, or
(iii) a facility.
(2) Subsection (1) includes inquiry into an exercise of a power or a performance of a duty, or the failure to exercise a power or perform a duty, under this Act, the regulations or the bylaws of a college or its board.
(3) A person appointed under subsection (1) has the power, privileges and protection of a commissioner under sections 12, 15 and 16 of the Inquiry Act.
(4) A person appointed under subsection (1) must comply with any term of reference the minister may establish concerning the conduct of the inquiry.
(5) The expenses incurred by the government under this section respecting a college are a debt due and owing by the college to the government.
18.2 (1) On the completion of an inquiry under section 18.1, the Lieutenant Governor in Council may issue a directive to the board concerning which the inquiry was conducted.
(2) A directive under subsection (1)
(a) may require the board to exercise the powers or perform the duties or functions of the board under this Act, the regulations or the bylaws of the college to address the issues that were the subject of the inquiry under section 18.1,
(b) despite paragraph (a), must not require the board to
(i) adopt a standard, limit or condition under section 19 (1) (k), (l), (l.4), (m) or (n) in a form specified by the directive, or
(ii) do anything under section 20 or Part 3 concerning a specific registrant as defined in section 26, and
(c) may include a requirement that a board submit a written report to the minister, within the time specified in the directive, detailing the measures the board has taken to implement that directive.
(3) A board must comply with a directive issued to it under this section.
9 Section 19 (1) is amended
(a) in paragraph (d) by striking out "meetings of the board" and substituting "meetings of the board, resolutions of the board",
(b) by repealing paragraph (e) and substituting the following:
(e) establish the terms of office of elected members of the board, the grounds and procedures for removing elected members of the board before their terms of office have expired and the manner by which vacancies on the board may be filled; ,
(c) by repealing paragraph (g) and substituting the following:
(g) provide for the appointment, removal, functions and duties of officers of the college; ,
(d) by repealing paragraph (h),
(e) by repealing paragraph (i) and substituting the following:
(i) establish classes of registrants and specify if members of a class are eligible to vote in an election referred to in section 17 (3) (a) or to be elected under section 17 (3) (a); ,
(f) by repealing paragraph (j) and substituting the following:
(j) establish requirements for the registration of a person as a member of the college; ,
(g) by adding the following paragraphs:
(k.1) establish aspects of practice that a registrant either may or must not
(i) delegate to a non-registrant to perform, or
(ii) authorize a non-registrant to perform under the supervision of a registrant;
(k.2) establish a quality assurance program;
(k.3) provide for the recognition of registrants as specialists in a field of the health profession;
(k.4) specify the manner by which registrants may hold themselves out as specialists in a field recognized under a bylaw made under paragraph (k.3);
(k.5) establish the obligations that a registrant whose registration is suspended must discharge
(i) in referring patients to another registrant,
(ii) in allowing another member of the college to use the suspended registrant's premises,
(iii) to refrain from deriving an income from the registrant's practice, or from the use by another registrant of the suspended registrant's premises, for the period of the suspension,
(iv) to give proper notice of the suspension to patients, or persons who might wish to become patients, or
(v) to cease during the suspension to be held out as a registrant. ,
(h) by repealing paragraphs (l) and (m) and substituting the following:
(l) establish standards of professional ethics for registrants, including standards for the avoidance of conflicts of interest;
(l.1) establish requirements for the certification of non-registrants with the college;
(l.2) establish classes of non-registrants to whom registrants may delegate aspects of practice or who may be authorized to perform aspects of practice in accordance with a bylaw made under paragraph (k.1);
(l.3) establish training and educational requirements for non-registrants described by paragraph (l.2);
(l.4) establish standards, limits or conditions respecting the aspects of practice which may be performed by non-registrants described by paragraph (l.2);
(l.5) establish requirements for renewal, suspension, cancellation and reinstatement of non-registrants described in paragraph (l.2);
(l.6) establish fees payable to the college by non-registrants described in paragraph (l.2);
(l.7) specify that Part 3 applies to non-registrants described in paragraph (l.2), and former such non-registrants, as though they were registrants;
(l.8) provide that non-registrants described in paragraph (l.2) may be appointed or elected as members of the board with or without voting rights on the board;
(m) establish standards of academic or technical achievement and the qualifications required for registration as a member of the college;
(m.1) provide that an academic or technical program specified by a committee established under paragraph (t) meets a standard established under paragraph (m); ,
(i) in paragraph (n) by striking out "education" and substituting "education and for continuing competence",
(j) by repealing paragraph (u) (i) and (ii) and substituting the following:
(i) subject to the regulations, the composition of the committee and the appointment and removal of committee members;
(ii) procedures to be followed by the committee including the quorum for the committee; , and
(k) by adding the following paragraphs:
(v.1) establish a tariff of costs to partially indemnify for the expenses incurred by the college for investigations under section 33;
(w.1) establish a tariff of costs to partially indemnify parties for their expenses incurred in the preparation for and conduct of hearings under section 39, other than for investigations under section 33;
(x.1) establish requirements concerning
(i) collection of personal health information,
(ii) creation of health care records containing personal health information, and
(iii) creation of administrative and accounting records;
(y.1) establish rules concerning the retention, disclosure, storage and destruction by registrants of
(i) health care records, and
(ii) administrative and accounting records;
(y.2) allow the board
(i) to elect that sections 20.2 and 20.3 apply respecting its college, or
(ii) to act under section 39 (2) to (8) as if it were the discipline committee;
(y.3) allow a committee other than the inquiry committee to make a determination under section 33 and to assume all of the powers, duties and functions of the inquiry committee set out in sections 27 to 37;
(y.4) allow a committee other than the discipline committee to act under section 39.
10 Section 19 is amended
(a) by adding the following subsections:
(1.1) A board may only do the things described in subsection (1), except subsection (1) (k), (l) or (z), by bylaw.
(1.2) A bylaw made under subsection (1) (u) must not delegate to a committee the power to make bylaws.
(1.3) A tariff of costs established under subsection (1) (v.1) must not provide for recovery of the remuneration paid to inspectors or members of the inquiry committee.
(1.4) A tariff of costs established under subsection (1) (w.1) must not provide for recovery of the remuneration paid to members of the discipline committee.
(6.1) A bylaw under subsection (1) (k), (l), (l.4), (m) or (n) must not be altered under subsection (6). .
(b) by repealing subsection (3) and substituting the following:
(3) A bylaw under subsection (1) (a), (e), (i), (j), (k.1), (k.2), (k.3), (k.4), (k.5), (l.1), (l.2), (l.3), (1.4), (l.5), (m), (m.1), (n), (o), (r), (s), (t), (u), (v), (w), (x), (x.1), (y), (y.1), (y.2), (y.3), (y.4) or (z) has no effect until it is approved by the Lieutenant Governor in Council.
(3.1) A bylaw under subsection (1) (b), (c), (d), (f), (g), (h), (k), (l), (l.6), (p), (q), (v.1) or (w.1) has no effect until it is deposited with the minister.
(3.2) A bylaw made under subsection (1) must be available for inspection by registrants and the public at the office of the college and electronically on the college website. , and
(c) in subsection (7) by striking out "bylaw may not be made, amended or repealed under subsection (3)" and substituting "bylaw, other than a bylaw referred to in subsection (3.1), may not be made, amended or repealed under subsection (1)".
11 Section 20 is amended
(a) in subsection (1) by striking out "registration of" and substituting "registration, including reinstatement of registration, of",
(b) by adding the following subsections:
(2.1) Despite subsection (2), the registration committee may refuse to grant registration, may grant registration for a limited period or may attach terms and conditions to the grant of registration if the registration committee determines, after giving the person an opportunity to be heard, that
(a) the person's entitlement to practise the health profession has been cancelled or suspended at some time in British Columbia or in another jurisdiction,
(b) an investigation, review or other proceeding is under way in British Columbia or in another jurisdiction that could result in the person's entitlement to practise the health profession being cancelled or suspended, or
(c) the person has been convicted of an indictable offence.
(2.2) If a person applying for registration has been convicted of an indictable offence, the registration committee must not make a decision under subsection (2.1) unless the registration committee is satisfied that the nature of the offence or the circumstances under which it was committed give rise to concerns about the person's competence or fitness to practise the designated health profession.
(6) In this section, "registration committee" includes
(a) the board, if the registration committee has referred an application for registration or reinstatement to the board for decision, and
(b) except in subsections (2.1) and (2.2), the registrar if the registration committee has authorized the registrar in writing to act. , and
(c) by repealing subsection (4) and substituting the following:
(4) If a bylaw under section 19 (1) (y.2) makes sections 20.2 and 20.3 apply to a college, sections 20.2 and 20.3 apply to a person whose application for registration as a member of the college is refused by the registration committee.
(4.1) If sections 20.2 and 20.3 do not apply to a college, the provisions of section 40 respecting an appeal from a decision of the discipline committee apply to allow a person whose application for registration as a member of the college is refused to appeal the refusal.
12 The following sections are added:
20.1 Sections 20.2 and 20.3 only apply respecting a college if they are made applicable by a bylaw in force under section 19 (1) (y.2) (ii).
20.2 (1) An applicant for registration may apply in writing to the board for a review on the record if their application for registration under section 20 (2) is refused by the registration committee.
(2) An application must be made under subsection (1) within 30 days of the day on which the person received notice of the refusal by the registration committee.
(3) On receipt of an application under subsection (1), the board must conduct a review on the record.
(4) If, in the opinion of the board, there are special circumstances, the board may hear evidence that is not part of the record.
(5) After a hearing under this section, the board may
(a) confirm the decision of the registration committee under review,
(b) substitute a decision that could have been made by the registration committee in the matter, or
(c) send the matter back to the registration committee with directions.
(6) The board may make bylaws establishing
(a) procedures for an application for review under this section, and
(b) the practice and procedure for proceedings before the board under this section, which may provide for oral or written hearings.
20.3 (1) An applicant for registration who is aggrieved or adversely affected by the board's action under section 20.2 (5) may appeal to the Supreme Court.
(2) An appeal under this section must be brought within 30 days after written notice of the board's action under section 20.2 (5) is received by the person bringing the appeal.
(3) Section 40 (3) to (10) applies to an appeal under this section as though the board's action were the decision of the discipline committee referred to in section 40.
20.4 (1) In this section, "governing body" means the governing body of a health profession in another province or a foreign jurisdiction.
(2) A board may promote cooperation with governing bodies for a corresponding health profession by doing one or more of the following:
(a) entering into agreements with one or more governing bodies concerning the interjurisdictional practice of the health profession;
(b) entering into information sharing agreements, as defined in section 69 (1) of the Freedom of Information and Protection of Privacy Act to allow the release of information about a registrant to a governing body, including information about practice restrictions, complaints, competency and discipline.
13 Section 21 is amended
(a) in subsection (3) (d) by striking out "section 39 (1) (e)" and substituting "section 39 (2) (e)", and
(b) by repealing subsection (4).
14 Section 22 (2) is repealed and the following substituted:
(2) The registrar may refuse a person access to the register if the registrar reasonably believes that
(a) the access could threaten the safety of a registrant, or
(b) the person seeking access is doing so for commercial purposes.
(3) If access is refused under subsection (2), the registrar may disclose information from the register that is determined appropriate in the circumstances.
15 The following section is added:
22.1 (1) The registrar must maintain a register setting out, for each registrant, the following:
(a) the registrant's name, business address and business telephone number;
(b) the class of registration, including areas of specialization and related credentials;
(c) any terms, conditions and limitations imposed on the registration by the college;
(d) a notation of each revocation or suspension of registration;
(e) any additional prescribed matters.
(2) The registrar must include in the register a notation of any revocation or suspension of registration that occurred or was recorded before the coming into force of this section.
16 Section 25 is repealed.
17 The following Part is added:
Part 2.1 -- Medical Practitioners
25.1 In this Part:
"board" includes the executive committee of the board if the board has authorized the executive committee to act for it;
"college" means the College of Physicians and Surgeons established under section 15 as the college for the health profession of medicine;
"registrant" means a person who is granted registration under section 20 as a member of the college.
25.2 (1) The board or executive committee may appoint an investigating committee of one or more persons who, for the purpose of investigating whether a registrant has and applies adequate skill and knowledge to practise medicine, may require the registrant
(a) to undergo clinical or other examinations considered appropriate by the investigating committee or the board, and
(b) to permit inspection, by the investigating committee, of the clinical records of the registrant and other documents relating to the subject matter of the investigation.
(2) An investigating committee may not be appointed under subsection (1) solely on the grounds that a registrant practises complementary medicine or uses non-traditional therapies.
(3) If a registrant fails after reasonable notice
(a) to permit an inspection under subsection (1), or
(b) to appear before an investigating committee,
the board may suspend the registrant from practice for a period it considers appropriate.
(4) On the completion of its investigation, an investigating committee must promptly submit its written report to the board.
(5) The board may, if it considers the suspension is desirable to protect the public, and without hearing the registrant or considering anything other than a report on the registrant received under subsection (4), suspend the registrant from practice, until the conclusion of a hearing under subsection (6).
(6) If a report has been submitted to the board under subsection (4) and the board, at least 14 days before the date set for a hearing on the report, serves on the registrant a copy of the report and notice of the place and time of the hearing, the board may, after giving the registrant an opportunity to be heard
(a) decide that the registrant has and applies adequate skill and knowledge to practise medicine, or
(b) act under section 39 (2) (b) to (e) and (8).
(7) The board may, for the purpose of sampling or monitoring the standards of registrants' practice and assisting registrants in their practice, require a registrant to allow evaluation of the registrant's professional performance and inspection of the registrant's clinical records by one or more registrants designated by the board.
25.3 (1) If a registrant leaves British Columbia and practises medicine or surgery during the registrant's absence, the registrant must not resume the practice of medicine or surgery in British Columbia until the registrant provides the registrar with a certificate of professional conduct or an equivalent document satisfactory to the registrar, from every place the registrant has practised medicine or surgery during the absence.
(2) The board may waive the requirements of this section.
25.4 The college must not act against a registrant or an applicant for registration solely on the basis that the person practises a therapy that departs from prevailing medical practice unless it can be demonstrated that the therapy poses a greater risk to patient health or safety than does prevailing medical practice.
25.5 A bylaw for the college may be made under section 19 or 49 as follows:
(a) specifying the relationship between the college and the Medical Council of Canada;
(b) providing a program for registrants who prescribe methadone so that they have the education, guidance and ability to become authorized to prescribe methadone under the Controlled Drugs and Substances Act (Canada) and including in this program the criteria under which the college may recommend to the federal minister responsible for that Act
(i) the registrants who should be authorized to prescribe methadone,
(ii) the restrictions, if any, which should be placed on the authorization of a registrant to prescribe methadone, and
(iii) the registrants who should not be authorized to prescribe methadone or that should have their authorization to prescribe methadone suspended or cancelled;
(c) providing for an advisory committee on prescription review to guide registrants in the prescription of narcotics, mood altering drugs and other medications;
(d) providing for a diagnostic facilities accreditation program;
(e) providing for the inspection and accreditation of private medical surgical facilities in British Columbia by a committee.
25.6 (1) In this section:
"medical examination" means a medical examination ordered under this section to assess whether the continued practice of medicine by the registrant may constitute a danger to the public;
"report" means a report referred to in subsection (2) (a).
(2) If the registrar or the executive committee has reasonable grounds to believe that a registrant may be suffering a physical or mental ailment, an emotional disturbance or an addiction to alcohol or drugs that impairs his or her ability to practise medicine and causes the continued practice of medicine by the registrant to constitute a danger to the public, the registrar or executive committee may
(a) appoint one or more other registrants to conduct a medical examination respecting the registrant and to report, as soon as practicable, their conclusions, with reasons in writing, to the executive committee,
(b) require the registrant to undergo the medical examination referred to in paragraph (a), and
(c) for the period necessary to allow the registrar or the executive committee to make an appointment under paragraph (a) and to allow the executive committee to receive, consider and act under this section on the report,
(i) set limits or conditions on the practice of medicine by the registrant, or
(ii) suspend the registration of the registrant.
(3) Section 26.2, except section 26.2 (3) (c), applies
(a) to each person involved in the preparation and receipt of a report as though the person were a quality assurance committee, and
(b) to a report as though it were a record described in section 26.2 (4).
(4) If the executive committee receives a report concluding that
(a) the continued practice of the registrant constitutes a danger to the public,
(b) the registrant is prepared to take remedial measures, and
(c) there is a reasonable prospect that these remedial measures will allow the registrant to resume practice and not constitute a danger to the public,
the executive committee may
(d) set limits or conditions on the practice of medicine by the registrant, or
(e) suspend the registration of the registrant
and the limits, conditions or suspension apply until the registrant satisfies the executive committee that it should act under subsection (6) (a).
(5) The executive committee must not act under subsection (4) (d) or (e) unless it has first given the registrant an opportunity to respond to the proposed limits or conditions on practice or suspension of registration.
(6) If action has been taken under subsection (4) concerning a registrant, the executive committee may
(a) cancel or amend a limit or condition or cancel the suspension to allow the registrant to resume practice if satisfied on the registrant's application that the registrant can resume practice without constituting a danger to the public, or
(b) order that the inquiry committee cease or delay undertaking an investigation under section 33 of a complaint arising out of the same circumstances that resulted in the action under subsection (4) being taken.
(7) The executive committee may act under section 35 respecting a registrant if it considers this necessary to protect the public and
(a) it has received a report concluding that
(i) the continued practice of the registrant constitutes a danger to the public, and
(ii) subsection (4) (b) or (c) does not apply to the registrant in the circumstances, or
(b) the registrant has refused to undergo a medical examination ordered under subsection (2) (b).
(8) For the purpose of subsection (7),
(a) section 35 (1), (2), (4) and (5) applies as if the executive committee were the inquiry committee, and
(b) it is not necessary that an investigation is being conducted under section 33 or that a hearing of the discipline committee is pending concerning the registrant.
18 Section 26 is repealed and the following substituted:
26 In this Part:
"professional misconduct" includes sexual misconduct, infamous conduct and conduct unbecoming a member of the health profession;
"registrant" includes a former registrant, and a non-registrant or former non-registrant to whom this Part applies;
"serious matter" means a matter which, if admitted or proven following an investigation under this Part, would ordinarily result in an order being made under section 39 (2) (b) to (e);
"unprofessional conduct" includes professional misconduct.
19 The following sections are added:
26.1 (1) The quality assurance committee must establish a program of quality assurance in accordance with the bylaws.
(2) If the bylaws provide for assessment of the professional performance of a registrant, the quality assurance committee or an assessor appointed by that committee may
(a) assess the professional performance of a registrant, and
(b) inspect the records, including patient records, of the registrant that are related to professional performance.
(3) If the quality assurance committee concludes after assessing a registrant's professional performance that there is a deficiency in the manner in which the registrant's practice is being conducted, the quality assurance committee may recommend that the registrant
(a) undertake further education or training,
(b) undergo clinical or other examinations, or
(c) undertake other remedial activities
that the quality assurance committee considers will assist the registrant to remedy the deficiency.
(4) The quality assurance committee may appoint assessors for the purposes of a quality assurance program.
26.2 (1) Subject to subsections (2) to (6), a quality assurance committee, an assessor appointed by a quality assurance committee and a person acting on its behalf must not disclose or provide to another committee or person
(a) records or information that a registrant provides to the quality assurance committee or an assessor under the quality assurance program, or
(b) a self assessment prepared by a registrant for the purposes of a continuing competence program.
(2) Despite subsection (1), a quality assurance committee or an assessor appointed by it may disclose information described in that subsection to show that the registrant knowingly gave false information to the quality assurance committee or assessor.
(3) If a quality assurance committee has reasonable grounds to believe that a registrant
(a) has committed an act of professional misconduct,
(b) has demonstrated professional incompetence,
(c) has a condition described in section 33 (4) (e), or
(d) as a result of a failure to comply with a recommendation under section 26.1 (3), poses a threat to the public,
the quality assurance committee must, if it considers the action necessary to protect the public, notify the inquiry committee which must treat the matter as if it were a complaint under section 32.
(4) Records, information or a self assessment obtained through a breach of subsection (1) may not be used against a registrant except for the purposes of subsection (2).
(5) Subject to subsection (2), records, information or a self assessment prepared for the purposes of a quality assurance program or continuing competence program may not be received as evidence
(a) in a proceeding under this Act, or
(b) in a civil proceeding.
(6) Subsection (1) applies despite the Freedom of Information and Protection of Privacy Act, other than section 44 (2) or (3) of that Act.
20 Section 32 is amended by adding the following subsections:
(3) Despite subsection (2), the registrar, if authorized by the board, may dismiss a complaint, or request that the registrant act as described in section 36 (1), without reference to the inquiry committee if the registrar determines that the complaint
(a) is trivial, frivolous, vexatious, or made in bad faith,
(b) does not contain allegations that, if admitted or proven, would constitute a matter subject to investigation by the inquiry committee under section 33 (4), or
(c) contains allegations that, if admitted or proven, would constitute a matter, other than a serious matter, subject to investigation by the inquiry committee under section 33 (4).
(4) If a complaint is disposed of under subsection (3), the registrar must deliver a written report to the inquiry committee about the circumstances of the disposition.
(5) A disposition under subsection (3) takes effect 30 days after the delivery of the written report described under subsection (4) unless, within that 30 day period, the inquiry committee gives the registrar written direction to proceed under subsection (2).
21 The following sections are added:
32.1 In sections 32.2 and 32.3, "other person" means a person who is a registrant in one of the colleges and is believed to be
(a) not competent to practice the designated health profession, or
(b) suffering from a physical or mental ailment, an emotional disturbance or an addiction to alcohol or drugs that impairs his or her ability to practice the designated health profession.
32.2 (1) A registrant must report in writing to the registrar of an other person's college if the registrant, on reasonable and probable grounds, believes that the continued practise of a designated health profession by the other person might constitute a danger to the public.
(2) If a person
(a) terminates the employment of an other person,
(b) revokes, suspends or imposes restrictions on the privileges of an other person, or
(c) dissolves a partnership or association with an other person
based on a belief described in subsection (1), the person must report this in writing to the registrar of the other person's college.
(3) If a person intended to act as described in subsection (2) (a), (b) or (c) but the other person resigned, relinquished their privileges or dissolved the partnership or association before the person acted, the person must report this in writing to the registrar of that other person's college.
(4) On receiving a report under subsection (1), (2) or (3), the registrar must
(a) act under section 32 (2) as though the registrar had received a complaint under section 32 (1), or
(b) with the prior approval of the inquiry committee, enter into an agreement with the other person
(i) to set limits or conditions on the practice of the designated health profession by the other person, or
(ii) to suspend the registration of the other person in order that continued practice by the other person does not constitute a danger to the public.
(5) Subject to the registrar's approval, the other person, if ordered under this section to cease or restrict practice as a registrant of the college, may employ another registrant of the college to carry on the practice.
32.3 (1) If an other person is a registrant in a college prescribed for the purposes of this section and because of admission to a hospital or a private hospital as defined in the Hospital Act, for psychiatric care or treatment, or for treatment for addiction to alcohol or drugs the other person is unable to practise, the chief administrative officer of the hospital, or someone acting in that capacity, and the medical practitioner who has the care of the other person must promptly report the admission in writing to the registrar of the other person's college.
(2) The medical practitioner who has care of the other person must, no later than the date of that other person's discharge from the hospital, provide the registrar of the other person's college with a written report of the diagnosis, particulars of treatment, prognosis and an opinion as to whether the other person is fit to continue to practise the other person's health profession.
(3) On receipt of the report, or if the registrar does not receive a report within one week of the other person's discharge but is informed of the discharge, the registrar must
(a) act under section 32 (2) as though the registrar has received a complaint under section 32 (1), or
(b) with the prior approval of the inquiry committee, enter into an agreement with the other person
(i) to set limits or conditions on the practice of the designated health profession by the other person, or
(ii) to suspend the registration of the other person in order that continued practice by the other person does not constitute a danger to the public.
(4) Subject to the registrar's approval, the other person, if ordered under this section to cease or restrict practice as a registrant of the college, may employ another registrant of the college to carry on the practice.
32.4 (1) If a registrant has reasonable and probable grounds to believe that another registrant has engaged in sexual misconduct, the registrant must report the circumstances in writing to the registrar of the other registrant's college.
(2) Despite subsection (1), if a registrant's belief concerning sexual misconduct is based on information given in writing, or stated, by the registrant's patient, the registrant must obtain, before making the report, the consent of
(a) the patient, or
(b) a parent, guardian or committee of the patient, if the patient is not competent to consent to treatment.
32.5 No action for damages lies or may be brought against a person for making a report in good faith as required under section 32.2, 32.3 or 32.4.
22 Section 33 is amended
(a) in subsection (4) by adding the following paragraphs:
(a.1) a conviction for an indictable offence;
(c.1) unprofessional conduct or unethical conduct; , and
(b) by adding the following subsection:
(4.1) The inquiry committee must not act under subsection (6) (b), (c) or (d) on the basis of subsection (4) (a.1) if the inquiry committee is satisfied that the nature of the offence or the circumstances under which it was committed do not give rise to concerns about the registrant's competence or fitness to practise the designated health profession.
23 Section 33 (1) is amended by striking out "by the complainant." and substituting "by the complainant as soon as practicable."
24 Section 34 is repealed and the following substituted:
34 (1) If the inquiry committee decides under section 33 (6) (a), or the registrar decides under section 32 (3) (a) or (b), to take no further action in an investigation, they must
(a) report to the board the results of the investigation, and
(b) if the investigation resulted from a complaint, notify the complainant of its decision and provide to the complainant the conclusions drawn in the investigation respecting the matters alleged in the complaint.
(2) A complainant who is dissatisfied with the decision referred to in subsection (1) may request the board to review that decision.
(3) A request for review under subsection (2) must be made within 14 days of the day the complainant receives notice under subsection (1) (b).
(4) After receiving the inquiry committee's report or after conducting a review that was requested under subsection (2), the board must
(a) confirm the inquiry committee's decision,
(b) direct the inquiry committee to act under section 33 (6),
(c) direct the inquiry committee to act under section 36, or
(d) direct the registrar to issue a citation under section 37.
25 Section 36 is amended
(a) in subsection (1) by striking out "request the registrant to" and substituting "request in writing that the registrant", and
(b) by adding the following subsection:
(1.1) If requested by the complainant and if a consent or undertaking given under subsection (1) relates to the complaint made by the complainant, the inquiry committee must deliver a written summary of the consent or undertaking to the complainant.
26 Section 37 (1) (b) is amended by striking out ", including the particulars of any evidence in support of that subject matter,".
27 The following section is added:
37.1 (1) The registrant may give the inquiry committee a written proposal at any time before the commencement of a hearing under section 38
(a) admitting the nature of the complaint or other matter that is to be the subject of the hearing,
(b) consenting to the making of an order under section 39 (2) or (8) as set out in the proposal, and
(c) consenting to indemnify the college for the investigation under section 33 in an amount not to exceed the costs for the inquiry calculated under the tariff of costs established under section 19 (1) (v.1).
(2) The inquiry committee may accept or reject a proposal received under subsection (1) based on the investigations described in section 33 respecting the complaint.
(3) If the inquiry committee accepts a proposal received under subsection (1),
(a) an order under section 39 is deemed to be made as set out in the proposal,
(b) section 39 (3) applies to the order under paragraph (a) as though it had been made by the discipline committee, and
(c) section 38 does not apply to the citation.
(4) If the inquiry committee rejects a proposal received under subsection (1),
(a) a hearing of the citation must proceed as though the proposal had not been made, and
(b) the discipline committee must not consider the admission described in subsection (1) (a) or the consent described in subsection (1) (b) in determining the matter or in making an order under section 39.
(5) If the hearing under section 38 has commenced
(a) the registrant may give a written proposal described in subsection (1) to the inquiry committee, and
(b) the inquiry committee may accept or reject the proposal in its discretion.
(6) If the inquiry committee accepts a proposal under subsection (5) it must make an order under section 39 as set out in the proposal.
(7) Subsection (4) applies if the inquiry committee rejects a proposal received under subsection (5).
28 Section 38 is amended:
(a) by repealing subsections (2) and (3) and substituting the following:
(2) The respondent and the college may appear as parties and with legal counsel at a hearing of the discipline committee.
(2.1) A complainant may be represented by legal counsel, at the complainant's cost, when the complainant is giving evidence at a hearing of the discipline committee.
(3) A hearing of the discipline committee must be in public unless
(a) the complainant, the respondent or a witness requests the discipline committee to hold all or any part of the hearing in private, and
(b) the discipline committee is satisfied that holding all or any part of the hearing in private would be appropriate in the circumstances. ,
(b) by repealing subsection (4) (b) substituting the following:
(b) the college and the respondent have the right to cross examine witnesses and to call evidence in reply. , and
(c) by adding the following subsections:
(4.1) Subject to subsection (4.2), evidence is not admissible at a hearing of the discipline committee unless, at least 14 days before the hearing, the party intending to introduce the evidence provides the other party with
(a) in the case of documentary evidence, an opportunity to inspect the document,
(b) in the case of expert testimony,
(i) the name and qualifications of the expert,
(ii) a copy of any written report the expert has prepared respecting the matter, and
(iii) a written summary of the evidence the expert will present at the hearing if the expert did not prepare a written report in respect of the matter, and
(c) in the case of testimony of a witness who is not an expert, the name of that witness and an outline of their anticipated evidence.
(4.2) The discipline committee may
(a) grant an adjournment of a hearing,
(b) allow the introduction of evidence that is not admissible under subsection (4.1), or
(c) make any other direction it considers appropriate
if the discipline committee is satisfied that this is necessary to ensure that the legitimate interests of a party will not be unduly prejudiced.
29 Section 39 is repealed and the following substituted:
39 (1) On completion of a hearing, the discipline committee may dismiss the matter or determine that the respondent
(a) has not complied with this Act, a regulation or a bylaw,
(b) has not complied with a standard, limit or condition imposed by this Act, a regulation or a bylaw,
(c) has committed professional misconduct or unprofessional conduct,
(d) has incompetently practised the designated health profession, or
(e) suffers from a physical or mental ailment, an emotional disturbance or an addiction to alcohol or drugs that impairs their ability to practise the designated health profession.
(2) If a determination is made under subsection (1), the discipline committee may, by order, do one or more of the following:
(a) reprimand the respondent;
(b) impose limits or conditions on the respondent's practice of the designated health profession;
(c) suspend the respondent's registration;
(d) subject to the bylaws, impose limits or conditions on the management of the respondent's practice during the suspension;
(e) cancel the respondent's registration;
(f) fine the respondent in an amount not exceeding the maximum fine established under section 19 (1) (w).
(3) An order of the discipline committee under subsection (2) must
(a) be in writing,
(b) include reasons for the order, and
(c) be delivered to the respondent and to the complainant, if any.
(4) If the discipline committee dismisses the matter under subsection (1) on the basis that the matter was without merit, it may award costs to the respondent against the college, based on the tariff of costs established under section 19 (1) (w.1).
(5) If the discipline committee acts under subsection (2), it may award costs to the college against the respondent, based on the tariff of costs established under section 19 (1) (w.1).
(6) Costs awarded under subsection (4) must not exceed, in total, 50% of the actual costs to the respondent for legal representation for the purposes of the investigation under section 33 and the hearing.
(7) Costs awarded under subsection (5) must not exceed, in total, 50% of the actual costs to the college for legal representation for the purposes of the hearing.
(8) If the registration of the respondent is suspended or cancelled under subsection (2), the discipline committee may
(a) impose conditions on the lifting of the suspension or the eligibility to apply for reinstatement of registration,
(b) direct that the lifting of the suspension or the eligibility to apply for reinstatement of registration will occur on
(i) a date specified in the order, or
(ii) the date the discipline committee or the board determines that the respondent has complied with the conditions imposed under paragraph (a), and
(c) impose conditions on the respondent's practice of the designated health profession that apply after the lifting of the suspension or the reinstatement of registration.
(9) If an order under subsection (2) is appealed under section 40 within 30 days after it is made, the discipline committee, on application of the respondent under this section, may
(a) stay the order pending the hearing of the appeal, and
(b) set terms and conditions on the practice of the designated health profession by the respondent during the stay.
30 Section 40 is amended
(a) by repealing subsection (1) and substituting the following:
(1) A college or respondent described in section 38 (2) aggrieved or adversely affected by an order of the discipline committee under section 39 may appeal or the board may appeal the order to the Supreme Court. ,
(b) in subsection (6) by striking out "(4) or (5)" and substituting "(4) or (5), other than the complainant,", and
(c) by repealing subsection (8) and substituting the following:
(8) An appeal under subsection (1) must be a review on the record unless the court is satisfied that a new hearing or the admission of further evidence is necessary in the interests of justice.
31 Section 43 is amended by adding the following subsection:
(4) In this section, "board" includes the registrar if the board has authorized the registrar to act for it under this section.
32 Section 44 (1) (a) is amended by striking out "corporation" and substituting "corporation, its officers, employees or agents".
33 Section 50 is amended by adding the following subsections:
(3) Subject to subsection (4), notice of a proposal to make, amend or repeal a regulation under this section must be given to the college of each health profession prescribed for the purpose of this subsection at least 3 months before the regulation, amendment or repeal comes into force.
(4) A notice period of less than 3 months applies for the purposes of subsection (3) if the minister specifies this shorter notice period.
34 The following Part is added:
Part 4.1 -- Reserved Actions
50.1 In this Part, "reserved action" means an activity prescribed for the purposes of this Part.
50.2 (1) A person must not perform a reserved action in the course of providing a service described in the definition of "health profession" in section 1, unless
(a) the person is a registrant of a college for a health profession that is authorized by a regulation under section 12 to provide a service that includes the provision of the reserved action,
(b) the person is delegated to perform the reserved action by a registrant described by paragraph (a) and the delegation is consistent with section 50.3 and any regulations made under section 50.3,
(c) the person is exempted, or is a member of a class of persons exempted, by the regulations from the prohibition against performing the reserved action, or
(d) the reserved action is performed in the course of an activity exempted by the regulations.
(2) Subsection (1) applies to any person, including a person who is not a registrant of any college.
50.3 (1) The delegation of a reserved action by a registrant must be in accordance with the bylaws of the college of which the registrant is a member.
(2) The delegation of a reserved action to a registrant must be in accordance with the bylaws of the college of which the registrant is a member.
(3) The minister may prescribe
(a) reserved actions that must not be delegated, or
(b) terms and conditions that apply to the delegation of a reserved action.
(4) Subject to subsection (5), notice of a proposal to make, amend or repeal a regulation under this section must be given to the college of each health profession prescribed for the purpose of this subsection at least 3 months before the regulation, amendment or repeal comes into force.
(5) A notice period of less than 3 months applies for the purposes of subsection (4) if the minister specifies this shorter notice period.
50.4 (1) A person's performance of a reserved action is not a contravention of section 50.2 if the person performs the reserved action while
(a) rendering first aid or temporary assistance in an emergency,
(b) fulfilling the requirements for registration in a college and the reserved action is within the scope of practice of the designated health profession of the college and is done under the supervision or direction of a registrant of a college specified by the board, or
(c) subject to the bylaws, caring for themselves or for a member of their family.
(2) Subsection (1) does not apply to a person who treats or advises an individual respecting the health of the individual, or of a dependant of the individual, if a reasonable person could foresee that a serious risk to life or health could result from
(a) carrying out the treatment or advice, or
(b) committing errors or omissions in attempting to carry out the treatment or advice.
35 Section 51 (1) is repealed and the following substituted:
(1) A person who contravenes section 13 (1), (2), (3) or (4), 20 (5), 31 (1) or (2), 50.2, 52.1 (1) or 53 (1) or (2) commits an offence.
36 Section 52 (1) is amended by striking out "board may" and substituting "board or a person may".
37 The following section is added:
52.1 (1) A person who is providing the services of a health profession must not use the term "registered", "licensed" or "certified" in association with or as part of the title describing their work, profession or occupation unless that person is a registrant of a college and is using that term in accordance with the regulations and bylaws.
(2) A board or a person may apply to the Supreme Court for an interim or permanent injunction to restrain a person from using "registered", "licensed" or "certified" as part of a title describing their work if
(a) the definition of "health profession" in section 1 describes the nature of that work, and
(b) the person is not a registrant.
(3) Subject to section 13 (4) and despite subsection (1), a person may use the terms "registered", "licensed" or "certified" as part of a title describing their work if
(a) the person is a member of an organization specified by order of the minister, or
(b) the person is authorized in another jurisdiction to use the title to indicate membership in a body substantially similar to a college and, in using the title, indicates
(i) whether the person is currently authorized to practise the profession in the other jurisdiction, and
(ii) the name of the other jurisdiction.
38 Section 53 is repealed and the following substituted:
53 (1) Subject to the Ombudsman Act, a person must preserve confidentiality with respect to all matters or things that come to the person's knowledge while exercising a power or performing a duty or function under this Act, the regulations or the bylaws unless the disclosure is
(a) necessary to exercise the power or to perform the duty or function, or
(b) authorized as being in the public interest by the board of the college in relation to which the power, duty or function is exercised or performed.
(2) Insofar as the laws of British Columbia apply, a person must not give, or be compelled to give, evidence in a court or in proceedings of a judicial nature concerning knowledge gained in the exercise of a power or in the performance of a duty or function under Part 2.1 or Part 3 unless
(a) the proceedings are under this Act, or
(b) disclosure of the knowledge is authorized under subsection (1) (b) or under the bylaws or regulations made under this Act.
(3) The records relating to the exercise of a power or the performance of a duty or function under Part 2.1 or Part 3 are not compellable in a court or in proceedings of a judicial nature insofar as the laws of British Columbia apply unless
(a) the proceedings are under this Act, or
(b) disclosure of the knowledge is authorized under subsection (1) (b) or under the bylaws or regulations made under this Act.
39 Section 55 is amended
(a) by renumbering the section as section 55 (1), and
(b) by adding the following subsections:
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations
(a) subject to this Act, prescribing a change in the composition of a committee established under section 19 (1) (t), or of panels of a committee,
(b) requiring that a board or a committee established under section 19 (1) (t) open its meetings, subject to section 53, to attendance by
(i) the registrants, or
(ii) members of the public,
(c) in respect of a regulation under paragraph (b), specifying the circumstances in which a board or a committee established under section 19 (1) (t) may exclude registrants or members of the public from meetings of the board or the committee,
(d) establishing a deadline for a committee established under section 19 (1) (t) to complete a stage of its work respecting the registration of applicants to a college or the disposal of matters under Part 3 and establishing that the committee must report to the minister, or a person specified by the minister, if the deadline is missed,
(e) specifying the information that a registrar must collect and include in a register to which section 21 (2) refers,
(f) specifying how a registrar is to establish, maintain, make open to the public and otherwise administer a register to which section 21 (2) refers,
(g) prescribing reserved actions for the purposes of Part 4.1,
(h) exempting a person, or a class of persons, for the purposes of section 50.2 (1) (c), and
(i) exempting an activity for the purposes of section 50.2 (1) (d).
(3) Subject to subsection (4), notice of a proposal to make, amend or repeal a regulation under this section must be given to the college of each health profession prescribed for the purpose of this subsection at least 3 months before the regulation, amendment or repeal comes into force.
(4) A notice period of less than 3 months applies for the purposes of subsection (3) if the minister specifies this shorter notice period.
40 (1) If a health profession for persons registered or formerly registered under the Chiropractors Act, the Dentists Act, the Medical Practitioners Act, the Nurses (Registered) Act, the Optometrists Act or the Podiatrists Act is designated under section 12 of the Health Professions Act, section 36 of the Interpretation Act applies and the Chiropractors Act, the Dentists Act, the Medical Practitioners Act, the Nurses (Registered) Act, the Optometrists Act or the Podiatrists Act, as applicable, is deemed to be the "former enactment" and the Health Professions Act is deemed to be the "new enactment" for the purposes of this application of section 36 of the Interpretation Act.
(2) For the purposes of this section, section 36 of the Interpretation Act applies to the following:
(a) the board established under section 17 of the Health Professions Act for the health profession as though the board were, for the purposes of the health profession,
(i) the board under the Chiropractors Act, the Optometrists Act or the Podiatrists Act,
(ii) the council under the Dentists Act or the Medical Practitioners Act, or
(iii) the board of directors under the Nurses (Registered) Act,
as applicable;
(b) as circumstances require, the discipline committee or inquiry committee as defined in section 1 of the Health Professions Act for the health profession, as though the discipline committee or inquiry committee were, for the purposes of the health profession,
(i) the board under the Chiropractors Act, the Optometrists Act or the Podiatrists Act,
(ii) the council, or a person, committee or panel to which the council has delegated its powers, under the Dentists Act,
(iii) the executive council, sexual misconduct review committee or inquiry committee under the Medical Practitioners Act, or
(iv) the professional conduct committee or panels under the Nurses (Registered) Act,
as applicable;
(c) bylaws or rules made under the former enactment as though they were bylaws made under the Health Professions Act;
(d) regulations made under the former enactment;
(e) a proceeding under the former enactment to investigate or discipline a member or former member of a health profession.
(3) The Lieutenant Governor in Council may make regulations to facilitate the transition from the former enactment to the new enactment for a health profession.
41 (1) The Lieutenant Governor in Council may make regulations considered necessary or advisable for the purpose of more effectively preparing to designate a health profession under section 12 of the Health Professions Act for a profession described in section 40 (1) and meeting or removing any transitional difficulties encountered in doing so.
(2) A regulation under subsection (1) may
(a) suspend, for a period the Lieutenant Governor in Council specifies, the operation of a provision of an enactment, or
(b) make a provision of section 40 apply to a health profession and the bodies, rules, bylaws or regulations that govern the health profession.
(3) For the purposes of subsection (2), the enactment under which the governing body of the health profession is incorporated is deemed to be the "former enactment" and the Health Professions Act is deemed to be the "new enactment" for the purposes of the application of section 36 of the Interpretation Act.
(4) Unless earlier repealed, a regulation made under this section is repealed one year after the regulation is enacted.
Consequential Amendments
Criminal Injury Compensation Act
42 Section 1 (1) of the Criminal Injury Compensation Act, R.S.B.C. 1996, c. 85, is amended by repealing the definitions of "physician" and "qualified practitioner" and substituting the following:
"qualified practitioner" means a person authorized under an enactment to practise in British Columbia as a chiropractor, dentist, medical practitioner, naturopathic physician or podiatrist; .
Evidence Act
43 Section 51 (1) of the Evidence Act, R.S.B.C. 1996, c. 124, is amended in the definition of "health care professional" by repealing paragraphs (b) and (c).
Health Authorities Act
44 The definition of "nurse" in section 19.1 of the Health Authorities Act, R.S.B.C. 1996, c. 180, is repealed and the following substituted:
"nurse" means a person who is authorized under an enactment to practise in British Columbia as a registered nurse or as a registered psychiatric nurse and who works in a job for which that authorization is a requirement of the employer or a prerequisite to performing the job as required by statute, regulation or program accreditation; .
Health Emergency Act
45 Section 11 of the Health Emergency Act, R.S.B.C. 1996, c. 182, is amended by striking out "medicine without being registered under the Medical Practitioners Act;" and substituting "medicine;".
Health Planning Statutes Amendment Act, 2002
46 Section 17 of the Health Planning Statutes Amendment Act, 2002, S.B.C. 2002, c. 15, is repealed.
Hospital Act
47 Section 1 of the Hospital Act, R.S.B.C. 1996, c. 200, is amended by repealing the definition of "practitioner" and substituting the following:
"practitioner" means a person registered as a member of a prescribed health profession.
Insurance Corporation Act
48 Section 7 (d) of the Insurance Corporation Act, R.S.B.C. 1996, c. 228, is amended by striking out "the Medical Practitioners Act" and substituting "the Health Professions Act".
Insurance (Motor Vehicle) Act
49 Section 28 of the Insurance (Motor Vehicle) Act, R.S.B.C. 1996, c. 231, is amended
(a) by repealing paragraph (b) and substituting the following:
(b) a person entitled to practise as a chiropractor under an enactment; , and
(b) by repealing paragraph (c) and substituting the following:
(c) a person entitled to practise dentistry under an enactment; .
Interpretation Act
50 Section 29 of the Interpretation Act, R.S.B.C. 1996, c. 238, is amended by repealing the definition of "medical practitioner" and substituting the following:
"medical practitioner" means, if the College of Physicians and Surgeons of British Columbia is designated under section 12 (1) of the Health Professions Act as a college, a registrant of that college entitled to practise medicine; .
Jury Act
51 Section 3 (2) of the Jury Act, R.S.B.C. 1996, c. 242, is amended by striking out "registered under the Chiropractors Act or the Dentists Act or registered as a naturopathic physician under the Health Professions Act" and substituting "authorized under an enactment to practise as a dentist, chiropractor or naturopathic physician in British Columbia".
Medicare Protection Act
52 Section 1 of the Medicare Protection Act, R.S.B.C. 1996, c. 286, is amended
(a) by repealing the definition of "appropriate disciplinary body" and substituting the following:
"appropriate disciplinary body" means the person or body that may cancel or suspend the right to practise under
(a) an enactment, as a chiropractor, a dentist, a medical practitioner, an optometrist or a podiatrist in British Columbia, or
(b) the governing Act, bylaws or rules for a member of the health care profession or occupation prescribed for the purposes of paragraph (b) of the definition of "health care practitioner"; ,
(b) by repealing the definition of "appropriate licensing body" and substituting the following:
"appropriate licensing body" means the person or body having the power to grant the right to practise as a practitioner under
(a) an enactment, as a chiropractor, a dentist, a medical practitioner, an optometrist or a podiatrist in British Columbia, or
(b) the governing Act, bylaws or rules for a member of the health care profession or occupation prescribed for the purposes of paragraph (b) of the definition of "health care practitioner"; , and
(c) by repealing the definition of "health care practitioner" and substituting the following:
"health care practitioner" means a person entitled to practise as
(a) a chiropractor, a dentist, an optometrist or a podiatrist in British Columbia under an enactment, or
(b) a member of a health care profession or occupation that may be prescribed; .
Miscellaneous Statutes Amendment Act (No. 2), 2000
53 Section 5 of the Miscellaneous Statutes Amendment Act (No. 2), 2000, S.B.C. 2000, c. 26, is repealed.
Motor Vehicle Act
54 Section 225 (3) of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is amended by striking out "within the meaning of the Nurses (Registered) Act." and substituting "authorized under an enactment to practise as a medical practitioner or registered nurse in British Columbia."
Public Service Labour Relations Act
55 Section 1 (1) of the Public Service Labour Relations Act, R.S.B.C. 1996, c. 388, is amended in the definition of "employee" by repealing paragraph (d) and substituting the following:
(d) a person authorized under an enactment to practise as a medical practitioner in British Columbia who is engaged in and working in the practice of that profession; .
56 Section 4 (a) is repealed and the following substituted:
(a) a nurses' bargaining unit, including all employees authorized under an enactment to practise as a registered nurse or registered psychiatric nurse, including those employees who are eligible to become so authorized, .
Workers Compensation Act
57 Section 1 (1) of the Workers Compensation Act, R.S.B.C. 1996, c. 492, is amended by repealing the definitions of "physician" and "qualified practitioner" and substituting the following:
"physician" means a person authorized under an enactment to practise in British Columbia as a medical practitioner;
"qualified practitioner" means a person authorized under an enactment to practise in British Columbia as a chiropractor, a dentist, a naturopathic physician or a podiatrist; .
58 The following Acts and Supplement are repealed:
(a) the Chiropractors Act, R.S.B.C. 1996, c. 48;
(b) the Dentists Act, R.S.B.C. 1996, c. 94;
(c) the Medical Practitioners Act, R.S.B.C. 1996, c. 285;
(d) the Nurses (Registered) Act, R.S.B.C. 1996, c. 335;
(e) the Supplement to the Nurses (Registered) Act, R.S.B.C. 1996, c. 335;
(f) the Optometrists Act, R.S.B.C. 1996, c. 342;
(g) the Podiatrists Act, R.S.B.C. 1996, c. 366.
59 This Act comes into force by regulation of the Lieutenant Governor in Council.
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