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

1 Section 1 of the Health Professions Act, R.S.B.C. 1996, c. 183, is amended

(a) by adding the following definitions:

"certified non-registrant" means a non-registrant to whom registrants of a college may delegate aspects of practice or who may be authorized to provide or perform aspects of practice in accordance with a bylaw of the college made under section 19 (1) (k.1) and who is certified by the college in accordance with a bylaw of the college made under section 19 (1) (l.2);

"college website" means a website established and maintained by or on behalf of a college under section 18 (3);

"Health Professions Review Board" or "review board" means the Health Professions Review Board established under section 50.51;

"restricted activity" means an activity prescribed under section 55 (2) (g). , and

(b) in the definition of "minister" by striking out ", duty or function" and substituting "or duty".

2 The following Part is added:

Part 1.1 — Advisory Panels

Definitions

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

Appointment of advisory panel

6.2  (1) The minister may, by order,

(a) appoint one or more advisory panels consisting of one or more members named in the order,

(b) designate the chair and one or more vice chairs of an advisory panel from among its members, and

(c) set the terms and conditions of appointments under paragraph (a).

(2) The chair of an advisory panel must not be

(a) a registrant of a college for a designated health profession or a certified non-registrant,

(b) a member of a body, in another province or a foreign jurisdiction, that regulates a health profession in that other province or foreign jurisdiction,

(c) an employee or agent of the government of British Columbia, or

(d) an employee or agent of the government of another province or a foreign jurisdiction.

(3) The majority of members of an advisory panel must be persons who are not persons described in subsection (2).

Referral to advisory panel

6.3  (1) The minister may, by order, refer to an advisory panel any matter related to the following:

(a) professional scopes of practice, including the services or restricted activities that may, or must not, be provided or performed by registrants or other persons;

(b) the use of professional or occupational titles and other work related descriptive terms by registrants or other persons;

(c) the interjurisdictional, interprofessional, multidisciplinary or collaborative practice of registrants or other persons;

(d) the education, training, technical achievement, competencies, credentials and other substantive or procedural entry-to-practice requirements for health professions, including the conditions or requirements for registration as a member of or certification by a college;

(e) the confidentiality and disclosure of information under this Act, including disclosure by colleges of information related to matters under Part 3;

(f) the patient relations programs and quality assurance programs of colleges;

(g) health human resource planning and management;

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

(i) the duties, objects and powers of colleges;

(j) the operation or administration of this Act or the regulation of health professions generally.

(2) An order under subsection (1) may establish terms of reference respecting the advisory panel's consideration of a matter referred to the panel.

(3) An advisory panel may consider and provide advice or recommendations to the minister respecting a matter referred to it under subsection (1).

(4) An advisory panel may consult as it considers necessary or appropriate with any person, who, in the opinion of the advisory panel, has expertise or information relevant to a matter referred to the advisory panel under subsection (1).

(5) An advisory panel must have regard to any terms of reference established under subsection (2).

(6) An advisory panel must not consider or otherwise become involved in any matter respecting

(a) a specific person who is applying to a college for registration as a member of the college, certification as a certified non-registrant or reinstatement of registration or certification, or

(b) a specific registrant, former registrant, certified non-registrant or former certified non-registrant.

Meetings of advisory panel

6.4  (1) An advisory panel may meet

(a) as the chair of the advisory panel considers necessary, or

(b) on the request of the minister.

(2) An advisory panel must

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

(b) allow the colleges to make submissions to the panel.

(3) A portion of a meeting during which submissions under subsection (2) are made must be open to the public unless the advisory panel is satisfied that the interests of the person making the submission, or of any other person, would be detrimentally affected if the submission were not presented in private.

(4) Subject to this Act and any terms of reference established under section 6.3 (2), an advisory panel may make rules governing its own procedures.

Remuneration and reimbursement of expenses

6.5  (1) Members of an advisory panel may be

(a) paid remuneration at rates set by the minister, and

(b) reimbursed for reasonable and necessary travelling and out of pocket expenses incurred in carrying out their powers and duties under this Act.

(2) The remuneration and reimbursement of expenses referred to in subsection (1) must be set in accordance with general directives of the Treasury Board.

(3) Members of an advisory panel who are employees of the government of British Columbia must not be paid remuneration or reimbursed for expenses under this section.

3 Section 7 (2) is amended by striking out "prescribed fee" and substituting "fee prescribed by the Lieutenant Governor in Council".

4 Section 12 (1) is amended by adding at the end "for the purposes of this Act".

5 Section 12 (2) is amended

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

(b) in paragraphs (c) to (g) by striking out "performed" and substituting "provided", and

(c) by adding the following paragraphs:

(b.1) limits or conditions respecting the use of titles prescribed under paragraph (b);

(g.1) restricted activities that may be performed by registrants in the course of providing services referred to in paragraphs (c) to (g);

(g.2) limits or conditions on the performance of restricted activities referred to in paragraph (g.1);

(g.3) whether the board for the college is authorized to establish, under section 19 (1) (i), one or both of the following:

(i) a class of restricted registrants, for the purposes of section 20 (4.2);

(ii) a class of provisional registrants, for the purposes of section 20 (4.3); .

6 Section 12 (3) is amended by adding "by the minister" before "for the purpose".

7 The following sections are added:

Prohibition and limitation — use of reserved titles

12.1  (1) If a regulation under section 12 (2) (b) prescribes a title to be used exclusively by registrants of a college, a person other than a registrant of the college must not use the title, an abbreviation of the title or an equivalent of the title or abbreviation in another language

(a) to describe the person's work,

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

(c) in association with a description of the person's work.

(2) If a regulation under section 12 (2) (b.1) prescribes a limit or condition respecting the use of a title, the title must not be used except in accordance with the regulation.

(3) A person other than a registrant of a college must not use a name, title, description or abbreviation of a name or title, or an equivalent of a name or title in another language, in any manner that expresses or implies that he or she is a registrant or associated with the college.

Exceptions

12.2  (1) Despite section 12.1 (1) and (2), but subject to section 12.1 (3), a person's use of a title prescribed under section 12 (2) (b), an abbreviation of the title or an equivalent of the title or abbreviation in another language is not a contravention of section 12.1 (1) if the person

(a) is authorized by a body in another province or a foreign jurisdiction that regulates a health profession in that other province or foreign jurisdiction to use the title, the abbreviation of the title or the equivalent of the title or abbreviation in another language to indicate membership in that body,

(b) indicates, in using the title, the abbreviation of the title or the equivalent of the title or abbreviation in another language

(i) whether the person is authorized to practise the health profession in the other province or foreign jurisdiction, and

(ii) the name of the other province or foreign jurisdiction, and

(c) uses the title only for the purpose of indicating whether the person is authorized to practise the health profession in the other province or foreign jurisdiction.

(2) Despite section 12.1 (1) and (2), but subject to section 12.1 (3), a person's use of a title prescribed under section 12 (2) (b), an abbreviation of the title or an equivalent of the title or abbreviation in another language is not a contravention of section 12.1 (1) if the person uses the title, the abbreviation of the title or the equivalent of the title or abbreviation in another language while

(a) fulfilling the conditions or requirements for registration as a member of the college whose registrants are granted exclusive use of the title by a regulation under section 12 (2) (b), and

(b) under the supervision of a registrant of a college specified for the purposes of this subsection by the board for the college referred to in paragraph (a).

8 Section 13 is amended

(a) by striking out "performed" wherever it appears and substituting "provided",

(b) in subsections (2) (a) and (3) (a) by striking out "perform" and substituting "provide",

(c) in subsections (2) (b) and (3) (b) by striking out "performance of the service unless, at the time of performance," and substituting "provision of the service unless, at the time the service was provided,",

(d) in subsection (3) (b) by striking out "performing" and substituting "providing", and

(e) by repealing subsection (4).

9 Section 15 is amended

(a) by repealing subsections (3) and (3.1) and substituting the following:

(3) For the purposes of exercising its powers and performing its duties under this Act, a college has the powers and capacity of a natural person of full capacity, including the power to acquire and dispose of property. , and

(b) in subsection (4) by striking out "the Lieutenant Governor in Council, by order," and substituting "the minister, by regulation,".

10 Section 16 (2) is amended

(a) in paragraph (b) by adding "its" after "govern",

(b) in paragraph (c) by striking out "standards of academic or technical achievement and the qualifications required for registration" and substituting "the conditions or requirements for registration of a person",

(c) in paragraph (e) by striking out "continuing competency" and substituting "quality assurance",

(d) by adding the following paragraph:

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

(e) by repealing paragraph (j) and substituting the following:

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

(f) by adding the following paragraph:

(k) in the course of performing its duties and exercising its powers under this Act or other enactments, to promote and enhance the following:

(i) collaborative relations with other colleges established under this Act, regional health boards designated under the Health Authorities Act and other entities in the Provincial health system, post-secondary education institutions and the government;

(ii) interprofessional collaborative practice between its registrants and persons practising another health profession;

(iii) the ability of its registrants to respond and adapt to changes in practice environments, advances in technology and other emerging issues.

11 Section 17 (2) is amended by adding ", by order," after "must".

12 Section 17 (3) is amended

(a) in paragraph (a.1) by striking out "non-registrants described in section 19 (1) (l.2)" and substituting "certified non-registrants",

(b) in paragraph (a.2) by striking out "non-registrants described in section 19 (1) (l.2)" and substituting "certified non-registrants", and

(c) in paragraph (b) by striking out "by the minister." and substituting "by order of the minister."

13 The following section is added:

Oath of office

17.11  (1) Before taking office, a person elected or appointed as a member of a board for a college must take and sign, by oath or solemn affirmation, an oath of office prescribed by the minister,

(a) in the case of a person elected as a member of the board by vote or acclamation, within 45 days after the date the registrar issues the certificate required under section 17.1, or

(b) in the case of a person appointed as a member of the board, within 45 days after the effective date of the appointment.

(2) An oath of office under subsection (1) must be taken before a judge of the Court of Appeal, Supreme Court or Provincial Court, a justice of the peace or the registrar of the college, and the person taking the oath must obtain the completed oath or a certificate of it from the person administering it.

(3) A person appointed or elected as a member of a board must present the completed oath of office required by subsection (1) or a certificate of it to the registrar of the college within the applicable time limit under subsection (1) (a) or (b) and before the person takes office on the board, and the registrar must retain for the college records the completed oath or certificate or a copy of it.

(4) If a person appointed or elected as a member of a board does not take and sign the oath of office or comply within the time limits required under this section, the office to which that person was appointed or elected is vacant and the vacancy

(a) may be filled by appointment by the minister, if the person was a person referred to in section 17 (2) (a) or (3) (b), or

(b) must be filled

(i) by election in accordance with the bylaws of the college, if the person was a person referred to in section 17 (3) (a) or (a.1), or

(ii) by appointment by the board for the college in accordance with the bylaws of the college, if the person was a person referred to in section 17 (3) (a.2).

(5) A board may, by resolution passed by at least 2/3 of the board members voting on the resolution, reprimand, suspend or remove a member of the board elected under section 17 (3) (a) or (a.1) or appointed under section 17 (3) (a.2), after reasonable notice to the member, if the board is satisfied that the member has contravened a term of the oath of office required under subsection (1) of this section.

(6) If a person is suspended from a board under subsection (5), the person may not act as a member of the board unless the suspension is lifted.

(7) If a person is removed from a board under subsection (5), the person ceases to be a member of the board, the office to which that person was elected or appointed is vacant and the vacancy must be filled

(a) by election in accordance with the bylaws of the college, if the person was a person referred to in section 17 (3) (a) or (a.1), or

(b) by appointment by the board for the college in accordance with the bylaws of the college, if the person was a person described in section 17 (3) (a.2).

14 Section 17.2 is amended

(a) in subsection (1) by striking out "and functions" and by adding at the end ", subject to any limits or conditions specified in the bylaws", and

(b) in subsection (3) by adding ", the regulations" after "this Act" and by striking out "or function".

15 Section 18 is amended

(a) in subsection (2) by striking out "including information that the Lieutenant Governor in Council may prescribe," and substituting "in the form and containing the information required by regulation of the minister,", and

(b) by adding the following subsection:

(3) A board must ensure that a website that is accessible to the public free of charge is established and maintained by or on behalf of its college, subject to the regulations of the minister.

16 Section 18.2 is amended

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

(b) in subsection (2) (a) by striking out "or functions", and

(c) in subsection (2) (b) (i) by striking out ", (l.4), (m) or (n)" and substituting "or (1.3)".

17 Section 19 (1) is amended

(a) by striking out "may, by bylaw for its college, do the following:" and substituting "may make bylaws, consistent with the duties and objects of a college under section 16, that it considers necessary or advisable, including bylaws to do the following:",

(b) in paragraph (b) by adding at the end ", and authorize the registrar for the college to establish additional election procedures consistent with the bylaws",

(c) in paragraph (g) by striking out ", functions" and substituting ", powers" and by adding "the registrar, deputy registrars or other" before "officers",

(d) by repealing paragraph (i) and substituting the following:

(i) establish a class or classes of registrants, including, if authorized in accordance with section 12 (2) (g.3), a class of restricted or provisional registrants for the purposes of section 20 (4.2) or (4.3), respectively, and specify if members of a class are eligible to vote in an election referred to in section 17 (3) (a) or to be elected under section 17 (3) (a); ,

(e) by repealing paragraph (j),

(f) by adding the following paragraphs:

(j.1) specify information required to be entered and maintained on the college's register for the purposes of section 21 (2) (f);

(j.2) subject to the regulations of the minister, establish procedures for the removal of information respecting a person from the register, and authorize the registrar to establish additional procedures for that purpose consistent with the bylaws; ,

(g) in paragraph (k.1) by adding "provide or" before "perform" in both places,

(h) in paragraph (k.2) by adding at the end ", subject to the regulations of the minister",

(i) by paragraph (k.5) (ii) by striking out "another member of the college" and substituting "another registrant",

(j) by repealing paragraphs (l.1) to (l.5) and substituting the following:

(l.1) establish a class or classes of non-registrants to whom registrants may delegate aspects of practice or who may be authorized to provide or perform aspects of practice in accordance with a bylaw made under paragraph (k.1);

(l.2) establish conditions or requirements, including training or education requirements, for the certification by the college of non-registrants described in paragraph (l.1);

(l.3) establish standards, limits or conditions respecting the aspects of practice which may be provided or performed by certified non-registrants;

(l.4) establish conditions or requirements for renewal, suspension, cancellation and reinstatement of the certification of certified non-registrants, and provide for the suspension or cancellation of the certification of certified non-registrants for late payment or non-payment of fees; ,

(k) in paragraph (l.6) by adding "certified" before "non-registrants" and by striking out "described in paragraph (l.2)",

(l) in paragraph (l.7) by adding "certified" before "non-registrants" in both places and by striking out "described in paragraph (l.2),",

(m) in paragraph (l.9) by adding "certified" before "non-registrants" in both places,

(n) in paragraph (l.9) (i) by adding ", and authorize the registrar to establish additional election procedures consistent with the bylaws" after "section 17 (3) (a.1)",

(o) in paragraph (l.91) by adding "certified" before "non-registrants",

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

(q) by repealing paragraphs (m) and (m.1) and substituting the following:

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

(i) standards of academic or technical achievement;

(ii) competencies or other qualifications;

(iii) requirements for providing evidence of good character;

(m.1) specify academic or technical programs that are recognized by the college as meeting a standard established under paragraph (m) (i);

(m.2) provide for the examinations that may be required, used or relied on by the registration committee in satisfying itself under section 20 that a person meets the conditions or requirements for registration as a member of the college;

(m.3) establish conditions or requirements for eligibility to take examinations referred to in paragraph (m.2) and procedures respecting the conduct of examinations, and authorize a committee established under paragraph (t) or the registrar to establish additional examination procedures consistent with the bylaws;

(m.4) confer discretion on the registration committee, in satisfying itself under section 20 that a person meets the conditions or requirements for registration as a member of the college, to consider whether the person's knowledge, skills and abilities are substantially equivalent to the standards of academic or technical achievement and the competencies or other qualifications established under paragraph (m), and to grant registration on that basis; ,

(r) in paragraph (o) by striking out "for" and substituting "respecting",

(s) by adding the following paragraph:

(q.1) provide for payment by registrants, to the college as the agent for a health profession association or similar organization, of an amount equivalent to the fees of the association or organization, whether or not the registrant is a member of the association or organization; ,

(t) in paragraph (r) by adding "conditions or" after "establish",

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

(v) in paragraph (u) by adding the following subparagraph:

(i.1) the establishment of panels of the committee and the composition of the panels; ,

(w) in paragraph (u) (ii) and (iii) by adding "or a panel of the committee" after "committee" wherever it appears,

(x) in paragraph (u.1) by striking out ", duties and functions" and substituting "and duties" and by adding at the end ", and any limits or conditions on the exercise of those powers and performance of those duties",

(y) in paragraph (y.3) by striking out ", duties and functions" and substituting "and duties",

(z) by repealing paragraphs (y.5) and (y.6), and

(aa) by adding the following paragraphs:

(y.7) establish procedures for the review of a decision of the registrar or a committee established under paragraph (t), other than a decision to which Part 4.2 applies, and authorize the registrar to establish additional review procedures consistent with the bylaws;

(y.8) subject to the regulations of the minister under section 12 (2) (b.1), establish limits or conditions respecting the use by registrants of the following:

(i) titles describing the work of registrants, including titles prescribed under section 12 (2) (b);

(ii) terms to which section 52.1 applies, including abbreviations of those terms or equivalents of those terms in another language.

18 Section 19 is amended

(a) by repealing subsection (2) and substituting the following:

(2) Provisions in a bylaw under subsection (1) may be different for

(a) different classes of registrants, or

(b) different classes of certified non-registrants.

(2.1) A bylaw under subsection (1) (f) or (l.92) may authorize the registrar to establish, by bylaw, forms for the purposes of the bylaws, and to require the use of the forms by registrants or certified non-registrants, as the case may be. ,

(b) by repealing subsections (3) to (3.2) and substituting the following:

(3) A bylaw under subsection (1) has no effect unless it is filed with the minister.

(3.1) A bylaw under subsection (1) comes into force on the date that falls on the day that is the number of days, prescribed by the minister, after the date the bylaw is filed under subsection (3) unless

(a) the minister disallows the bylaw under subsection (3.2) (a) or (4),

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

(c) the board withdraws the bylaw under subsection (3.3).

(3.2) If the minister considers it necessary or advisable to do so, the minister may, by order, within the period prescribed for the purposes of subsection (3.1),

(a) disallow the bylaw or a portion of the bylaw, except for a bylaw or a portion of a bylaw made under subsection (1) (k), (l) or (l.4), or

(b) declare that the bylaw or a portion of the bylaw comes into force on a specified date that is earlier than the date it would otherwise come into force under subsection (3.1).

(3.3) A board may, by written notice delivered to the minister, withdraw a bylaw or a portion of a bylaw filed under subsection (3) at any time before it otherwise would come into force or is disallowed. ,

(c) in subsection (4) by striking out everything before paragraph (a) and substituting "The minister must disallow a bylaw made under subsection (1) if the minister is not satisfied that appropriate provision has been made respecting the following:",

(d) in subsection (6) by striking out "the Lieutenant Governor in Council may" and substituting "the minister may, by order,",

(e) in subsection (6.1) by striking out ", (l.4), (m) or (n)" and substituting "or (1.3)",

(f) by adding the following subsection:

(6.2) A bylaw under subsection (1), other than a bylaw under subsection (1) (b), (c), (d), (f), (g), (k), (l), (l.6), (l.9), (l.92), (p), (q), (u.1), (v.1), (w.1) or (z), may not be made, amended or repealed unless

(a) notice of the proposed bylaw, amendment or repeal is given by the board to the minister and the college of each health profession prescribed by the minister for the purposes of this subsection

(i) at least 3 months before the proposed bylaw, amendment or repeal is filed with the minister, or

(ii) within a shorter period the minister specifies as appropriate in the circumstances, and

(b) the proposed bylaw, amendment or repeal is, for the period referred to in paragraph (a),

(i) made available by the board for inspection by any person, free of charge, at the office of the college at all reasonable times during regular business hours, and

(ii) posted by the board on the college website. ,

(g) by repealing subsection (7) and substituting the following:

(7) A bylaw may not be made, amended or repealed under subsection (6) unless

(a) notice of the proposed bylaw, amendment or repeal is given by the minister to the college of each health profession prescribed by the minister for the purposes of this subsection

(i) at least 3 months before the proposed bylaw, amendment or repeal comes into force, or

(ii) within a shorter period the minister specifies as appropriate in the circumstances, and

(b) the proposed bylaw, amendment or repeal is, for the period referred to in paragraph (a), posted by the minister on a website maintained by or on behalf of the ministry and that is accessible to the public free of charge. , and

(h) by repealing subsection (9) and substituting the following:

(9) A board must

(a) maintain a complete and accurate record of the bylaws that are in effect for its college and provide a copy of those bylaws to each registrant,

(b) make those bylaws available for inspection by any person, free of charge, at the office of the college at all reasonable times during regular business hours, and

(c) post those bylaws on the college website.

19 Section 20 is amended

(a) in subsection (2) by striking out "in its college" and substituting "as a member of its college" and by striking out "the requirements of",

(b) in subsection (2) (b) by striking out "is qualified to be a registrant," and substituting "meets the conditions or requirements for registration in a class of registrants,",

(c) in subsection (2.1) by striking out everything before paragraph (a) and substituting "Despite subsection (2), the registration committee may refuse to grant registration, may grant registration for a limited period specified for the registrant by the registration committee, or grant registration and impose limits or conditions on the practice of the designated health profession by the person, if the registration committee determines, after giving the person an opportunity to be heard, that",

(d) in subsection (2.1) (a) by striking out "the health profession" and substituting "a health profession" and by striking out "jurisdiction" and substituting "province or a foreign jurisdiction",

(e) in subsection (2.1) (b) by striking out "the health profession" and substituting "a health profession" and by striking out "jurisdiction" and substituting "province or a foreign jurisdiction",

(f) in subsection (2.1) by striking out ", or" at the end of paragraph (b) and by adding the following paragraph:

(b.1) the person's entitlement to practise a health profession has been voluntarily relinquished in British Columbia, another province or a foreign jurisdiction with the effect of preventing the commencement or completion of an investigation, review or other proceeding that could have resulted in the person's entitlement to practise the health profession in that other province or foreign jurisdiction being suspended or cancelled, or ,

(g) in subsection (3) by striking out "If an applicant" and substituting "Despite subsection (2), if a person applying for registration", by striking out "that an applicant" and substituting "that a person applying", by striking out "register the applicant" and substituting "grant registration to the person" and by striking out "set limits or conditions on the practice of the applicant." and substituting "impose limits or conditions on the practice of the designated health profession by the person.",

(h) by repealing subsections (4) and (4.1) and substituting the following:

(4.1) A person whose application for registration as a member of a college is

(a) refused under subsection (2.1) or (3),

(b) granted under subsection (2.1) for a limited period or with limits or conditions imposed on the practice of the designated health profession by the person, or

(c) granted under subsection (3) with limits or conditions imposed on the practice of the designated health profession by the person

may appeal the decision of the registration committee to the Supreme Court, and, for those purposes, the provisions of section 40 respecting an appeal from a decision of the discipline committee apply to an appeal under this subsection.

(4.2) If a bylaw under section 19 (1) (i) establishes a class of restricted registrants for the purposes of this subsection, the registration committee may

(a) grant registration in the class, and

(b) impose limits or conditions on the practice of the designated health profession by the registrant.

(4.3) If a bylaw under section 19 (1) (i) establishes a class of provisional registrants for the purposes of this subsection, the registration committee may

(a) grant registration in the class for a limited period specified for the registrant by the registration committee,

(b) require the registrant to complete, within the period specified under paragraph (a), any examinations or upgrading of knowledge, skills or abilities the registration committee considers necessary for the registrant, and

(c) impose limits or conditions on the practice of the designated health profession by the registrant.

(4.4) Limits or conditions imposed in accordance with subsection (2.1), (3), (4.2) or (4.3) may be different for different registrants within a class of registrants. ,

(i) in subsection (5) by striking out "is not qualified to be a registrant." and substituting "does not meet the conditions or requirements for registration as a member of the college.", and

(j) by adding the following subsection:

(7) If the registration committee decides, under this section,

(a) to refuse a person's application for registration, or

(b) to grant a person registration for a limited period or with limits or conditions imposed on the practice of the designated health profession by the person,

the registration committee must, within 30 days of making its decision, deliver written notice to the person respecting the decision and advising of the person's right to apply for a review of the decision under section 50.54 or to appeal the decision to the Supreme Court, as applicable.

20 The following section is added:

Notice to applicant for certification

20.01  If a college has established one or more classes of certified non-registrants and the person or committee authorized under the bylaws of the college to certify persons as certified non-registrants refuses an application for certification, the person or committee must, within 30 days of making that decision, deliver written notice to the applicant respecting the decision and advising of the applicant's right to request a review of the decision under section 50.54.

21 Sections 20.1 to 20.3 are repealed.

22 Section 20.4 is amended

(a) in subsection (1) by striking out "the governing body of a health profession" and substituting "a body," and by adding at the end ", that regulates a health profession in that other jurisdiction",

(b) in subsection (2) by adding "with the prior approval of the minister" after "the following",

(c) by repealing subsection (2) (a) and substituting the following:

(a) entering into agreements with one or more governing bodies respecting

(i) the interjurisdictional practice of the health professions,

(ii) the recognition of another governing body's procedures for and results from the assessment and verification of the credentials, competencies or other qualifications of persons educated or trained in another province or a foreign jurisdiction,

(iii) the implementation of a trade agreement, as it relates to labour mobility, prescribed by the minister, or

(iv) any other matter related to the labour mobility of health professionals; , and

(d) in subsection (2) (b) by adding "or certified non-registrant" after "registrant".

23 Section 21 is amended

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

(b) by adding the following subsection:

(1.2) If a board appoints a deputy registrar or deputy registrars under subsection (1), the board may, by bylaw, authorize the deputy registrar or deputy registrars to perform the duties and exercise the powers of the registrar set out in the bylaws, subject to any limits or conditions specified in the bylaws. ,

(c) by repealing subsection (2) and substituting the following:

(2) The registrar must maintain a register setting out, for every person granted registration under this Act, the following:

(a) the person's name, whether the person is a registrant or a former registrant, and, if the person is a registrant, the person's business address and business telephone number;

(b) the class of registrants in which the person is or was registered;

(c) if the person is a registrant, any limits or conditions imposed under this Act on the practice of the designated health profession by the registrant;

(d) a notation of each cancellation or suspension of the person's registration, including any cancellation or suspension that

(i) occurred or was recorded before the coming into force of this subsection, or

(ii) was imposed by the governing body for a health profession under a former enactment regulating the health profession;

(e) any additional information required under the regulations of the minister;

(f) any additional information required under the bylaws of the college;

(g) any additional information specified under subsection (5) by the registration committee, inquiry committee or discipline committee. ,

(d) in subsection (3) (d) by striking out "section 39 (2) (e)." and substituting "section 33 (2) or 39 (2) (e).", and

(e) by adding the following subsections:

(5) Subject to subsection (6),

(a) the registration committee, in making a decision under section 20 to grant registration to a person, or

(b) the inquiry committee or discipline committee, in disposing of a matter under Part 3 respecting a person granted registration under this Act,

may specify information regarding the person that must be entered on the register referred to in subsection (2).

(6) Information required to be entered on the register in accordance with subsection (5) may be entered only after the final disposition of a matter when no further review or appeal is available under this Act.

24 Section 22 is amended

(a) in subsection (1) by striking out "and bylaws", and

(b) by repealing subsections (2) and (3) and substituting the following:

(2) The registrar must or may, as required or authorized under regulations of the minister, refuse a person access to the register of the college or to any information set out in the register.

(3) If access is refused under subsection (2), the registrar may disclose information from the register that the board or the registrar, if authorized by the board, determines is appropriate in the circumstances.

25 Section 22.1 is repealed.

26 Section 26 is amended

(a) in the definition of "professional misconduct" by adding "unethical conduct," after "sexual misconduct,", and

(b) in the definition of "registrant" by adding "certified" before "non-registrant" in both places.

27 Section 28 (1) is amended by adding ", subject to any limits or conditions imposed on the inspector by the inquiry committee," after "an inspector may".

28 Section 29 (3) (b) (ii) is amended by adding "standard," before "limit or condition".

29 Section 32 (5) is amended by adding "is considered to be a disposition by the inquiry committee and" after "subsection (3)".

30 Section 32.2 (4) (b) (i) is amended by striking out "set" and substituting "impose".

31 Section 32.3 is amended

(a) in subsection (1) by adding "by the minister" after "prescribed", and

(b) in subsection (3) (b) (i) by striking out "set" and substituting "impose".

32 Section 32.4 is amended by adding the following subsection:

(3) On receiving a report under subsection (1), the registrar must act under section 32 (2) as though the registrar had received a complaint under section 32 (1).

33 Section 33 is amended

(a) in subsection (2) by striking out "set limits or conditions on the practice of the registrant" and substituting "impose limits or conditions on the practice of the designated health profession by the registrant", and

(b) in subsection (3) by striking out "An applicant or a registrant" and substituting "A registrant" and by striking out "or section 20 (3)".

34 Section 33 (4) is amended

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

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

(c) by repealing paragraph (c.1).

35 Section 34 is repealed and the following substituted:

Notice of disposition

34  If the inquiry committee disposes of a matter under section 32 (5) or 33 (6) (a) or (b), the inquiry committee must, within 30 days of disposition, deliver to the complainant, if any, a written summary of the disposition advising the complainant of the right to apply for a review by the review board under section 50.6.

36 Section 35 is amended

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

(b) by repealing subsection (2) and substituting the following:

(2) An order of the inquiry committee under subsection (1) must

(a) be in writing,

(b) include reasons for the order,

(c) be delivered to the complainant, if any, and to the registrant, and

(d) advise the registrant of the registrant's right to appeal the order to the Supreme Court.

37 Section 36 (1.1) is repealed and the following substituted:

(1.1) If a consent or undertaking given under subsection (1) relates to a complaint made under section 32 (1), the inquiry committee must, within 30 days of the consent or undertaking being given, deliver to the complainant a written summary of the consent or undertaking advising the complainant of the right to apply for a review by the review board under section 50.6.

38 Section 37.1 is amended

(a) by repealing subsection (3) (a) and (b) and substituting the following:

(a) the inquiry committee must make an order consistent with the proposal, and the order is considered to be an order of the discipline committee made under section 39, and , and

(b) by repealing subsection (6) and substituting the following:

(6) If the inquiry committee accepts a proposal under subsection (5), it must make an order consistent with the proposal, the order is considered to be an order of the discipline committee made under section 39, and section 38 has no further application to the complaint or matter that is the subject of the hearing.

(6.1) Section 39 (3) (a) to (c) applies to an order made under this section as if the order had been made by the discipline committee.

39 Section 38 (8) is amended by striking out "39 (1)," and substituting "39 (2)," and by striking out "set" and substituting "impose".

40 Section 39 is amended

(a) in subsection (1) by adding ", by order," after "committee may",

(b) in subsection (3) by striking out "subsection (2)" and substituting "this section", by striking out "and" at the end of paragraph (b), by adding ", and" at the end of paragraph (c) and by adding the following paragraph:

(d) advise the registrant of the registrant's right to appeal the order to the Supreme Court. ,

(c) in subsection (9) by adding ", by order, " after "under this section, may",

(d) in subsection (9) (a) by adding "made under subsection (2)" after "stay the order",

(e) in subsection (9) (b) by striking out "set terms and" and substituting "impose limits or", and

(f) by adding the following subsection:

(10) Before taking action under subsection (2), (5), (8) or (9), the discipline committee may consider whether, in the opinion of the discipline committee, the matter is an appropriate case for a refund to the complainant of all or part of any amount paid by the complainant to the registrant for or related to a service provided by the registrant or another person under the delegation or supervision of the registrant, and if so, whether a refund has been offered or made by the registrant.

41 The following sections are added:

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

39.1  (1) If the discipline committee learns that

(a) another college established under this Act or a body in another province or a foreign jurisdiction that regulates a health profession in that province or foreign jurisdiction has found, either before or after the registrant was registered under section 20, that the registrant committed an act that, in the opinion of the discipline committee, constitutes unprofessional conduct under this Act, or

(b) the registrant has admitted, either before or after the registrant was registered under section 20, to another college established under this Act or to a body in another province or a foreign jurisdiction that regulates a health profession in that province or foreign jurisdiction, that the registrant committed an act that, in the opinion of the discipline committee, constitutes unprofessional conduct under this Act,

the discipline committee may, without issuing a citation under section 37 or conducting a hearing under section 38, make an order under section 39 (2) respecting the registrant, and section 39 (3), (5) and (7) to (10) applies as if a determination had been made under section 39 (1) by the discipline committee.

(2) The discipline committee may take action under subsection (1) only after giving the registrant the following:

(a) notice of the proposed action, in accordance with the bylaws;

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

(c) an opportunity to be heard, which may be limited to a hearing in writing.

(3) For the purposes of this section, a certified copy of a record of the decision or findings made or action taken by the other college or body in respect of a registrant is proof, in the absence of evidence to the contrary, of the findings made or the action taken, without proof of the signature of the person purporting to have signed on behalf of that college or body.

Consideration of past action

39.2  (1) Before taking any action respecting a registrant under the following provisions, the registrar, inquiry committee or discipline committee may consider any action previously taken under Part 3 respecting the registrant:

(a) in the case of the registrar or the inquiry committee, section 32, 32.2 or 32.3;

(b) in the case of the inquiry committee, section 33 or sections 35 to 37.1;

(c) in the case of the discipline committee, section 38 (8), 39 (2), (5), (8) or (9) or 39.1 (1).

(2) The registrar, inquiry committee or discipline committee may, in applying subsection (1), consider

(a) any action under Part 3 respecting the registrant that occurred or was recorded before the coming into force of this section, or

(b) any action, similar to an action that may be taken under Part 3, that was taken by the governing body for a health profession under a former enactment regulating the health profession.

Public notification

39.3  (1) Subject to subsections (3) and (4), the inquiry committee or discipline committee, as the case may be, must direct the registrar to notify the public of the information set out in subsection (2) with respect to any of the following actions:

(a) an action taken under section 32.2 (4) (b), 32.3 (3) (b), 33 (2) or 35 (1);

(b) a consent or undertaking given under section 36 (1) in relation to a serious matter;

(c) a consent order made under section 37.1;

(d) a determination made under section 39 (1);

(e) an order made under section 38 (8), 39 (2), (5), (8) or (9), 39.1 (1) or 44 (1) or (2).

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

(a) the name of the registrant respecting whom or the health profession corporation respecting which the action was taken;

(b) a description of the action taken;

(c) the reasons for the action taken.

(3) In the following circumstances, the inquiry committee or discipline committee, as the case may be, must direct the registrar to withhold all or part of the information otherwise required to be included in the public notification under this section:

(a) the inquiry committee or discipline committee considers it necessary to protect the interests of the complainant, if any, in the matter, or another person, other than the registrant, affected by the matter;

(b) the complainant, if any, in the matter, or another person, other than the registrant, affected by the matter, has requested that the notification not contain information that could reasonably be expected to identify the complainant or the other person.

(4) Subject to subsection (5), in the case of

(a) an admission by a registrant that he or she suffers from a condition described in section 33 (4) (e), or

(b) a determination made regarding a registrant under section 39 (1) (e),

the inquiry committee or discipline committee, as the case may be, must direct the registrar to withhold all or part of the information otherwise required to be included in the public notification under this section if the information could reasonably be expected to identify the registrant or personal health information of the registrant respecting the condition.

(5) In the case of a determination made regarding a registrant under section 39 (1) (e), information respecting the registrant must not be withheld under subsection (4) unless the discipline committee is satisfied that the privacy interests of the registrant outweigh the public interest in public notification of the information.

(6) If information respecting a registrant is withheld under subsection (4), the public notification must indicate that information has been withheld.

(7) The notification required under this section may be made by posting a notice on the college website.

Funding for therapy and counselling

39.4  (1) A board must establish a program for its college to provide funding, in accordance with the regulations, for therapy and counselling for a person who has been psychologically or emotionally harmed as the result of professional misconduct by a registrant while the registrant was providing services to the person.

(2) A person is eligible for funding under subsection (1) only if

(a) the discipline committee has made a finding that the registrant committed professional misconduct with respect to the person while the registrant was providing services to that person, and

(b) the requirements prescribed by the minister are met.

42 Section 40 is amended

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

(1) A college, a respondent described in section 38 (2) or a registrant described in section 39.1 (1), aggrieved or adversely affected by an order of the discipline committee under section 39 or 39.1 (1), may appeal the order to the Supreme Court. , and

(b) by repealing subsections (4) to (6) and substituting the following:

(4) The petition commencing an appeal under this section must, within 14 days of its filing in the court registry, be served on

(a) the college, effected by service on the registrar, if the appellant is a respondent described in section 38 (2) or a registrant described in section 39.1 (1),

(b) the respondent or the registrant, if the appellant is the college, and

(c) the complainant, if the matter relates to a complaint.

(5) Only the persons required to be served under subsection (4) (a) and (b) may be parties to an appeal.

43 Section 42 is amended

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

(b) in subsection (2) (b) by striking out "direct".

44 Section 43 (1) is amended

(a) in paragraph (f) by striking out "direct", and

(b) in paragraph (h) by adding "and conditions" after "requirements".

45 Section 44 is amended

(a) in subsection (1) by adding ", by order," after "board", and

(b) in subsection (2) by adding ", by order," after "board".

46 Section 49 is amended

(a) in subsection (3) (e) by striking out "and conditions that may be attached to permits," and substituting "and the limits or conditions that may be imposed on permits,", and

(b) in subsection (5) by striking out "19 (3), (3.2), (4) and (7)" and substituting "19 (3) to (4) and (6.2)".

47 Section 50 is amended

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

(b) in subsection (3) by adding "by the minister" after "prescribed".

48 The following Part is added:

Part 4.2 — Health Professions Review Board

Definitions for Part 4.2

50.5  In this Part:

"chair" means the chair of the Health Professions Review Board;

"registration committee" includes

(a) the registrar or board for a college, as the case may be, and

(b) if a college has established one or more classes of certified non-registrants, the person or committee authorized under the bylaws of the college to certify persons as certified non-registrants;

"registration decision" means a decision made by a registration committee

(a) to refuse to grant an application for registration as a member of a college under section 20, except for a refusal under section 20 (2.1) or (3),

(b) to grant registration in a class of registrants under section 20 with limits or conditions on the practice of the designated health profession by the registrant, except limits or conditions imposed under section 20 (2.1) or (3), or

(c) if a college has established one or more classes of certified non-registrants, to refuse an application for certification as a certified non-registrant.

Health Professions Review Board established

50.51  (1) The Health Professions Review Board is established consisting of the members appointed by the Lieutenant Governor in Council.

(2) The chair of the review board must be a member or former member of the Law Society of British Columbia or a law society of another province of Canada.

(3) A person may not be a member of the review board if the person is

(a) a registrant of a college or a certified non-registrant,

(b) a member of a body, in another province or a foreign jurisdiction, that regulates a health profession in that other province or foreign jurisdiction,

(c) an employee or agent of the government of British Columbia, or

(d) an employee or agent of the government of another province or a foreign jurisdiction.

Application of Administrative Tribunals Act to the review board

50.52  The following sections of the Administrative Tribunals Act apply to the review board:

(a) section 1 [definitions];

(b) section 2 [chair's initial term and reappointment];

(c) section 3 [member's initial term and reappointment];

(d) section 4 [appointment of acting chair];

(e) section 5 [member's absence or incapacitation];

(f) section 6 [member's temporary appointment];

(g) section 7 [powers after resignation or expiry of term];

(h) section 8 [termination for cause];

(i) section 9 [responsibilities of the chair];

(j) section 10 [remuneration and benefits for members];

(k) section 26 [organization of tribunal];

(l) section 27 [staff of tribunal];

(m) section 30 [tribunal duties];

(n) section 55 [compulsion protection];

(o) section 56 [immunity protection for tribunal and members].

Powers and duties of review board

50.53  (1) The review board has the following powers and duties:

(a) on application under section 50.54 (2), to review a registration decision;

(b) on application by a registrant or complainant under section 50.57 (1), to review the failure, by the inquiry committee, to dispose of a complaint made under section 32 (1) or an investigation under section 33 (4) within the time required under section 50.55;

(c) on application by a complainant under section 50.6, to review a disposition of a complaint made by the inquiry committee under section 32 (3), 33 (6) (a) to (c) or 37.1;

(d) to develop and publish guidelines and recommendations for the purpose of assisting colleges to establish and employ registration, inquiry and discipline procedures that are transparent, objective, impartial and fair.

(2) In exercising its powers and performing its duties under subsection (1) (d), the review board may consult with colleges, registrants, members of health profession associations and any other persons that the review board considers necessary or appropriate.

Review of registration decisions

50.54  (1) In this section, "applicant" means

(a) a person applying for registration as a member of a college who is refused a grant of registration under section 20, except for a refusal under section 20(2.1) or (3),

(b) a registrant who is granted registration in a class of registrants under section 20 (2) with limits or conditions on the practice of the designated health profession by the registrant, except limits or conditions imposed under section 20 (2.1) or (3), or

(c) a person applying for certification as a certified non-registrant who is refused certification.

(2) An applicant may apply to the review board for a review of a registration decision.

(3) An application under subsection (2) must be made within 30 days of the day on which written notice of the registration decision is delivered to the applicant.

(4) An applicant applying for review under subsection (2) must, within the time period set out in subsection (3), deliver a copy of the application to the college.

(5) Only the applicant and the college may be parties to a review under this section.

(6) On receipt of an application under subsection (2), the review board must conduct a review of the registration decision.

(7) A review under this section is a review on the record.

(8) The review board may hear evidence that is not part of the record as reasonably required by the review board for a full and fair disclosure of all matters related to the issues under review.

(9) On completion of its review under this section, the review board may make an order

(a) confirming the registration decision,

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

(c) sending the matter back to the registration committee for reconsideration with directions.

(10) The review board may make an order under subsection (9) directing the registration committee to grant registration with or without limits or conditions, or certification, as the case may be, only if the review board is satisfied that

(a) the registration committee failed to act fairly in considering the application for registration or certification,

(b) the registration decision

(i) was made arbitrarily or in bad faith,

(ii) was made for an improper purpose,

(iii) was based entirely or predominantly on irrelevant factors, or

(iv) failed to take requirements under this Act into account, and

(c) the conditions described in subsection (11) (a) or (b) are met.

(11) The following conditions apply for the purposes of subsection (10) (c):

(a) in the case of a person applying for registration as a member of the college,

(i) the person's knowledge, skills and abilities must be substantially equivalent to the standards of academic or technical achievement and the competencies or other qualifications required for registration in a class of registrants, and

(ii) the applicant must meet any other conditions or requirements for registration in the class of registrants;

(b) in the case of a person applying for certification as a certified non-registrant,

(i) the applicant's knowledge, skills and abilities must be substantially equivalent to the training or educational requirements for certification in a class of certified non-registrants, and

(ii) the applicant must meet any other conditions or other requirements for certification in the class of certified non-registrants.

(12) The review board must, no later than 30 days after making its order under subsection (9), deliver a copy of the order to the parties to the review.

Timeliness of inquiry committee investigations

50.55  (1) In this section and in sections 50.57, 50.58 and 50.6, "registrant" means a registrant as defined in section 26.

(2) If a complaint made under section 32 (1) or an investigation by the inquiry committee under section 33 (4) has not been disposed of under section 32 (3) or 33 (6) within the period prescribed by the minister, the inquiry committee must, not later than 30 days after the expiry of the prescribed period, deliver written notice of that fact and an expected date of disposition to the following:

(a) the registrant under investigation;

(b) the complainant, if any.

(3) The expected date of disposition referred to in subsection (2) must fall within a further period, prescribed by the minister, from the date of the written notice referred to in that subsection.

(4) If the inquiry committee has not disposed of the complaint or the investigation by the expected date of disposition set out in the notice required under subsection (2), the inquiry committee must, not later than 30 days after that date, deliver written notice of and reasons for the delay, a new expected date of disposition and the right to apply for a review under section 50.57 to the following:

(a) the registrant;

(b) the complainant, if any;

(c) the review board.

(5) The new expected date of disposition referred to in subsection (4) must not be later than 45 days following the date of the expected date of disposition set out in the notice required under subsection (2).

(6) If the inquiry committee has not disposed of the complaint or the investigation by the new expected date of disposition set out in the notice required under subsection (4), the inquiry committee must, within 30 days after that date, deliver written notice to that effect to the following:

(a) the registrant;

(b) the complainant, if any;

(c) the review board.

Investigation by inquiry committee suspended

50.56  If the inquiry committee has not disposed of a complaint or investigation on or before the new expected date of disposition set out in the notice required under section 50.55 (4), the investigation by the inquiry committee is suspended until the time period to file an application for review under section 50.57 (1) has expired and either

(a) no application has been filed, or

(b) an application has been filed and the review board proceeds under section 50.58 (1) (a) or (b).

Review — delayed investigation

50.57  (1) A registrant or any complainant may apply to the review board for review of a complaint or investigation described in section 50.53 (1) (b) no later than 30 days after the date on which the notice required under section 50.55 (6) is delivered to the registrant or complainant.

(2) A person making an application for review under subsection (1) must, within the time period set out in that subsection, deliver a copy of the application

(a) to the inquiry committee,

(b) if the person is the registrant, to the complainant, if any, and

(c) if the person is the complainant, to the registrant.

Duties and powers of review board — review of delayed investigations

50.58  (1) Upon receipt of an application under section 50.57, the review board may

(a) by order, send the matter back to the inquiry committee, with directions the review board considers appropriate, to continue and complete the investigation and dispose of the matter within the time period directed by the review board, or

(b) investigate and dispose of the matter under section 33 (6).

(2) The review board must, within 30 days of receipt of the application, deliver written notice of the action taken or to be taken by the review board with respect to the matter to

(a) the inquiry committee,

(b) the registrant, and

(c) the complainant, if any.

Investigation by inquiry committee terminated

50.59  If the review board investigates a matter under section 50.58 (1) (b),

(a) the inquiry committee has no further jurisdiction to investigate the matter and must cease all activities related to its investigation, and

(b) the review board has all the powers of the inquiry committee with respect to the investigation and disposition of the matter, and may appoint an inspector who has all the powers and duties of an inspector under section 28 as if the inspector were appointed by the inquiry committee under section 27.

Review of inquiry committee decisions

50.6  (1) A complainant may apply to the review board for a review of a disposition described in section 50.53 (1) (c).

(2) An application under subsection (1) must be made within 30 days of the day on which written notice of the disposition is delivered to the complainant.

(3) A complainant under subsection (1) must, within the time period set out in subsection (2), deliver a copy of the application to the college and the registrant who is the subject of the complaint.

(4) Only the complainant, the college and the registrant may be parties to a review under this section.

(5) On receipt of an application under subsection (1), the review board must conduct a review of the disposition and must consider one or both of the following:

(a) the adequacy of the investigation conducted respecting the complaint;

(b) the reasonableness of the disposition.

(6) A review under this section is a review on the record.

(7) The review board may hear evidence that is not part of the record as reasonably required by the review board for a full and fair disclosure of all matters related to the issues under review.

(8) On completion of its review under this section, the review board may make an order

(a) confirming the disposition of the inquiry committee,

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

(c) sending the matter back to the inquiry committee for reconsideration with directions.

(9) The review board must, no later than 30 days after making an order under subsection (8), deliver a copy of the order to the parties to the review.

Procedural requirements — application for review

50.61  (1) An application for a review under this Part must

(a) be in writing,

(b) identify the decision or investigation or disposition for which a review is being requested,

(c) state the relief being sought, and in the case of a decision or disposition, why the decision or disposition should be changed,

(d) contain the name, address and telephone number of the applicant, and if the applicant has an agent to act on the applicant's behalf in respect of the review, the name of the agent and the telephone number at which the agent may be reached during regular business hours,

(e) include an address for service for the purpose of delivery of any notices in respect of the review, and

(f) be signed by the applicant or the applicant's agent.

(2) An application for a review under this Part must be accompanied by the fee prescribed by the Lieutenant Governor in Council.

(3) Despite subsections (1) and (2), if an application for review is deficient or if the prescribed fee is outstanding, the chair or the chair's delegate may allow a reasonable period of time within which the application is to be corrected or the fee is to be paid.

(4) On application, the review board may extend the time for filing an application for review under this Part, even if the time for filing an application has expired, if the review board is satisfied that special circumstances exist.

Review does not operate as stay

50.62  Subject to sections 50.56 and 50.59, the commencement of a review under this Part does not operate as a stay or suspend the operation of the decision, investigation or disposition under review unless the review board orders otherwise.

Exclusive jurisdiction of review board

50.63  (1) The review board has exclusive jurisdiction to inquire into, hear and determine all those matters and questions of fact, law and discretion arising or required to be determined in a review or an investigation and disposition under this Part and to make any order permitted to be made.

(2) A decision or order of the review board under this Part on a matter in respect of which the review board has exclusive jurisdiction is final and conclusive and is not open to question or review in any court.

Application of Administrative Tribunals Act to review board for purposes of reviews

50.64  The sections of the Administrative Tribunals Act set out in Column 1 of the Schedule, as described opposite them in Column 2, apply for the purposes of a review under section 50.54 or 50.6.

Reports to minister

50.65  (1) The chair must, not later than July 31 in each year, submit to the minister an annual report respecting the activities of the review board in the immediately preceding calendar year, in the form and containing the information required by regulation of the minister.

(2) The chair may, at any other time the chair considers necessary or appropriate, submit to the minister a report respecting the activities of the review board, or any matters arising from those activities, that the chair considers should be brought to the minister's attention.

49 Section 51 (1) is amended by striking out "section 13 (1), (2), (3) or (4)," and substituting "section 12.1 (1), (2) or (3), 13 (1), (2) or (3),".

50 Section 52 (1) is amended by striking out "A board or a person" and substituting "Any person".

51 The following sections are added:

Collection and disclosure of health human resources information

52.2  (1) In this section and in section 52.4:

"health human resources information" means statistical and other information, prescribed by the minister, respecting registrants, persons applying for registration as a member of a college, certified non-registrants and non-registrants applying for certification under the bylaws of a college;

"health human resources planning and management" means planning and taking action to ensure the sufficiency and appropriate distribution of health professionals in the Province;

"personal information" has the same meaning as in the Freedom of Information and Protection of Privacy Act.

(2) A college must, in accordance with the regulations of the minister,

(a) collect health human resources information and personal information, as considered necessary or appropriate by the minister for the purposes of health human resources planning and management, directly from

(i) registrants,

(ii) certified non-registrants,

(iii) persons applying for registration as a member of the college, and

(iv) non-registrants applying for certification under the bylaws of the college,

(b) assign a unique identification number for each person for whom information is collected under paragraph (a), and

(c) provide health human resources information to the minister.

(3) A college must not disclose to the minister or any other person, in individually identifiable form, any personal information collected under this section.

Obligation of registrants to provide information

52.3  A registrant or a certified non-registrant who receives a request for health human resources information and personal information under section 52.2 (2) (a) from the college of which the registrant is a member or by which the certified non-registrant is certified must provide the health human resources information and personal information to the college in accordance with the regulations of the minister.

Use of health human resources information by government

52.4  The minister may use health human resources information provided by a college under section 52.2 (2) (c) as the minister considers necessary or appropriate for the purposes of health human resources planning and management, including publishing the information for those purposes.

52 Section 53 is amended

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

(b) in subsection (1) (a) by striking out "or function",

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

(d) in subsections (2) and (3) by striking out "or function".

53 Section 55 is amended

(a) by striking out "Lieutenant Governor in Council" in both places and substituting "minister",

(b) by repealing subsection (2) (e), (f) and (g) and substituting the following:

(d.1) establishing the prescribed number of days for the purposes of section 19 (3.1),

(e) prescribing, for the purposes of section 21 (2) (e), the additional information required to be included in the register, the time periods for which information must be kept for the register, and the conditions or requirements for the removal of information from the register,

(e.1) specifying, for the purposes of section 22 (2), the circumstances in which the registrar must or may refuse a person access to the register or to any information in the register,

(f.1) specifying the requirements for a college website for the purposes of section 18 (3), including requirements for the information to be posted on the website and the format for posting that information,

(g) prescribing activities for the purposes of the definition of "restricted activity" in section 1, ,

(c) in subsection (2) by striking out "and" at the end of paragraph (h) and by adding the following paragraphs:

(j) prescribing the oath of office for the purposes of section 17.11,

(k) specifying the form and content of an annual report required under section 18 (2),

(l) respecting requirements for quality assurance programs established under section 19 (1) (k.2),

(m) respecting funding of therapy and counselling for the purposes of section 39.4,

(n) prescribing information for the purposes of the definition of "health human resources information" in section 52.2 (1),

(o) establishing the time periods and form and manner for providing information under sections 52.2 (2) (c) and 52.3,

(p) prescribing the time periods for the purposes of section 50.55 (2) and (3),

(q) prescribing a health profession for the purposes of sections 12 (3), 19 (6.2) and (7), 50 (3), 50.3 (4) and subsection (3) of this section,

(r) specifying the form and content of reports required under section 50.65 (1),

(s) prescribing an agreement for the purposes of section 20.4 (2) (a) (iii). ,

(d) in subsection (3) by adding "by the minister" after "prescribed", and

(e) by adding the following subsection:

(5) A regulation made under subsection (2) (l) may be different for different colleges or different groups of colleges.

54 The following section is added:

Regulations of the Lieutenant Governor in Council

56  The Lieutenant Governor in Council may make regulations respecting any matter for which regulations by the Lieutenant Governor in Council are contemplated by this Act.

55 The following Schedule is added:

Schedule

(Section 50.64)

Transitional Provisions

Transition — college board reviews of registration decisions

56  (1) Section 20.2 of the Health Professions Act, as it read immediately before the coming into force of section 21 of this Act, continues to apply with respect to a matter for which, on or before the date section 21 of this Act comes into force, a review on the record has been requested in accordance with section 20.2 of the Health Professions Act.

(2) If on completion of a review on the record referred to in subsection (1), the board for the college sends the matter back to the registration committee for the college with directions, the procedures established under amendments to the Health Professions Act by this Act for review of registration decisions by the Health Professions Review Board apply.

Transition — appeals to Supreme Court of registration decisions

57  Section 20.3 of the Health Professions Act, as it read immediately before the coming into force of section 21 of this Act, continues to apply with respect to a matter for which, on or before the date section 21 of this Act comes into force, an appeal has been filed with the Supreme Court under section 40 of the Health Professions Act.

Transition — college board reviews of investigations

58  (1) Section 34 of the Health Professions Act, as it read immediately before the coming into force of section 35 of this Act, continues to apply with respect to a matter for which, on or before the date section 35 of this Act comes into force, a review has been requested in accordance with section 34 of the Health Professions Act as it read before section 35 of this Act comes into force.

(2) If on completion of a review referred to in subsection (1), the board for a college directs the inquiry committee for the college to act under section 33 (6) or 36, the procedures established under amendments to the Health Professions Act by this Act for review of inquiry decisions by the Health Professions Review Board apply.

Consequential Amendments

Freedom of Information and Protection of Privacy Act

59 Schedule 2 of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165, is amended by adding the following:

Health Professions Amendment Act, 2003

60 Section 17 of the Health Professions Amendment Act, 2003, S.B.C. 2003, c. 57, as it enacts section 25.2 of the Health Professions Act, R.S.B.C. 1996, c. 183, is amended by adding the following subsections:

(5.1) In the case of a suspension under subsection (3) or (5), section 39.3 applies as if

(a) the suspension were an action specified in section 39.3 (1), and

(b) the board were the inquiry committee.

(6.1) For the purpose of subsection (6) (b), sections 39 (2) (b) to (e), (3), (8) and (9), 39.3 and 40 apply as if the board were the discipline committee.

61 Section 17, as it enacts section 25.5 of the Health Professions Act, R.S.B.C. 1996, c. 183, is amended

(a) in subsection (1) (e) by adding "established under section 19 (1) (t)" after "committee", and

(b) by repealing subsection (2).

62 Section 17, as it enacts section 25.6 (2) (c) (i) and (4) (d) of the Health Professions Act, R.S.B.C. 1996, c. 183, is amended by striking out "set" and substituting "impose".

63 Section 17, as it enacts section 25.6 of the Health Professions Act, R.S.B.C. 1996, c. 183, is amended

(a) in subsection (8) by striking out "section" and substituting "sections" and by striking out "applies" and substituting "and 39.3 apply", and

(b) by adding the following subsections:

(5.1) In the case of an action taken under subsection (2) (c) or (4) (d) or (e), section 39.3 applies as if

(a) the action were an action specified in section 39.3 (1), and

(b) the registrar or executive committee, as the case may be, were the inquiry committee.

(6.1) If the executive committee orders under subsection (6) (b) that the inquiry committee cease an investigation under section 33,

(a) the order is considered to be a disposition, under section 33 (6) (b), by the inquiry committee of a complaint, and

(b) section 34 and Part 4.2 apply as if the executive committee were the inquiry committee.

(6.2) If the executive committee orders under subsection (6) (b) that the inquiry committee delay undertaking an investigation under section 33,

(a) the executive committee must, no later than 30 days after the order is made, deliver written notice of and written reasons for the delay to the complainant, and

(b) section 50.55 (2) to (6) does not apply.

(6.3) If an investigation is delayed in accordance with subsection (6) (b) and the inquiry committee does not dispose of the complaint within the time prescribed by the minister,

(a) section 50.53 (1) (b) applies as if the inquiry committee has not disposed of the complaint within the time required under section 50.55,

(b) the inquiry committee must, no later than 30 days after the expiry of the prescribed time, deliver to the complainant written notice that the complaint has not been disposed of, the reasons for the delay and the right to request a review under section 50.57,

(c) section 50.56 applies as if the date of expiry of the prescribed time were the new expected date of disposition which would have been set out in a notice otherwise required under section 50.55 (4), and

(d) section 50.57 (1) applies as if the date on which the notice under paragraph (b) is delivered to the complainant were the date by which a notice under section 50.55 (6) would otherwise have been required to have been delivered.

64 Section 19, as it enacts section 26.1 (1) of the Health Professions Act, R.S.B.C. 1996, c. 183, is amended by striking out "establish a program of quality assurance" and substituting "administer a quality assurance program".

65 Section 34, as it enacts Part 4.1 of the Health Professions Act, R.S.B.C. 1996, c. 183, is amended by repealing the heading to that Part and substituting the following:

Part 4.1 — Restricted Activities .

66 Section 34, as it enacts section 50.1 of the Health Professions Act, R.S.B.C. 1996, c. 183, is repealed.

67 Section 34, as it enacts section 50.2 (1) of the Health Professions Act, R.S.B.C. 1996, c. 183, is repealed and the following substituted:

(1) A person must not perform a restricted activity in the course of providing a service described in, or doing work described by, the definition of "health profession" in section 1, unless

(a) the person is a registrant of a college whose registrants are authorized by a regulation under section 12 to perform the restricted activity in the course of providing services,

(b) the person is delegated to perform the restricted activity, or authorized to perform the restricted activity under supervision, by a registrant described in paragraph (a), and the delegation or supervision is consistent with section 50.3 and any regulations made under section 50.3,

(c) the person is exempted, or is a member of a class of persons exempted, by the regulations of the minister from the prohibition against performing the restricted activity, or

(d) the restricted activity is performed in the course of an activity exempted by the regulations of the minister.

68 Section 34, as it enacts section 50.3 (1) of the Health Professions Act, R.S.B.C. 1996, c. 183, is amended by striking out "reserved action by a registrant" and substituting "restricted activity by a registrant, or the authorization by a registrant to perform a restricted activity under the supervision of a registrant,".

69 Section 34, as it enacts section 50.3 (2) of the Health Professions Act, R.S.B.C. 1996, c. 183, is repealed and the following substituted:

(2) A registrant of a college may only

(a) delegate a restricted activity to a registrant of another college, or

(b) authorize a registrant of another college to perform a restricted activity under the supervision of the authorizing registrant or another registrant of the authorizing registrant's college

if the delegation or authorization is made in accordance with the bylaws of the other college. ,

70 Section 34, as it enacts section 50.3 (2.1) of the Health Professions Act, R.S.B.C. 1996, c. 183, is repealed and the following substituted:

(2.1) The delegation of a restricted activity to a certified non-registrant, or the authorization of a certified non-registrant to perform a restricted activity under the supervision of a registrant, must be in accordance with any bylaws of a college that apply to the certified non-registrant.

71 Section 34, as it enacts section 50.3 (3) of the Health Professions Act, R.S.B.C. 1996, c. 183, is amended

(a) in paragraph (a) by striking out "reserved actions" and substituting "one or more restricted activities" and by adding "or for which authorization to perform under supervision must not be given" before ", or", and

(b) in paragraph (b) by striking out "terms and" and substituting "limits or" and by striking out "reserved action." and substituting "restricted activity or the authorization to perform a restricted activity under supervision."

72 Section 34, as it enacts section 50.3 of the Health Professions Act, R.S.B.C. 1996, c. 183, is amended

(a) by adding the following subsection:

(3.1) A regulation under subsection (3) may

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

(b) be different for different designated health professions. , and

(b) in subsection (4) by adding "by the minister" after "prescribed".

73 Section 34, as it enacts section 50.4 (1) of the Health Professions Act, R.S.B.C. 1996, c. 183, is amended

(a) in the words before paragraph (a) by striking out "reserved action" in both places and substituting "restricted activity", and

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

(b) fulfilling the conditions or requirements for registration as a member of a college whose registrants are authorized by a regulation under section 12 to perform the restricted activity, and the restricted activity is performed under the supervision of a registrant of a college specified for the purposes of this paragraph by the board for the college for which the person is fulfilling the conditions or requirements for registration, or .

74 Section 37, as it enacts section 52.1 of the Health Professions Act, R.S.B.C. 1996, c. 183, is repealed and the following substituted:

Restriction on use of terms

52.1  (1) A person who provides a service described in, or whose work is described by, the definition of "health profession" in section 1 must not use any of the following in association with or as part of a title describing the person's work or in association with a description of the person's work, unless that person is a registrant of a college and uses that term in accordance with any regulations of the minister and any bylaws of the college:

(a) the term "regulated", "registered", "licensed" or "certified";

(b) an abbreviation of a term set out in paragraph (a);

(c) an equivalent in another language of a term listed in paragraph (a).

(2) Subject to section 12.1 (3) and despite subsection (1) of this section, a person's use of a term, abbreviation or equivalent referred to in subsection (1) in association with or as part of a title describing the person's work or in association with a description of the person's work is not a contravention of subsection (1) if

(a) the person is a member of an organization or a class of persons specified in a regulation of the minister and uses the term, abbreviation or equivalent in accordance with any limits or conditions specified in the regulation, or

(b) the person is authorized by a body in another province or a foreign jurisdiction, that regulates a health profession in that other province or foreign jurisdiction, to use the term, abbreviation or equivalent in association with or as part of a title to indicate membership in that body and, in using the term, indicates

(i) whether the person is authorized to practise the health profession in the other province or foreign jurisdiction, and

(ii) the name of the other province or foreign jurisdiction.

(3) A person using a term, abbreviation or equivalent as described in subsection (2) (b) may use the term, abbreviation or equivalent only for the purpose of indicating whether the person is authorized to practise the health profession in the other province or foreign jurisdiction.

(4) A regulation under subsection (2) (a) may prescribe limits or conditions on the use of a term, an abbreviation of a term, or an equivalent of a term in another language, as referred to in subsection (1).

Health Professions Amendment Act (No. 2), 2003

75 Section 1 of the Health Professions Amendment Act (No. 2), 2003, S.B.C. 2003, c. 73, as it enacts section 25.8 of the Health Professions Act, R.S.B.C. 1996, c. 183, is amended

(a) in the definition of "interchangeable drug" by striking out "drug prescribed" and substituting "drug referred to in a prescription", and

(b) by repealing the definition of "practice of pharmacy" and substituting the following:

"practice of pharmacy" means the services or restricted activities described in section 12 (2) (c) to (g.2) that may be provided or performed by a pharmacist; .

76 Section 1, as it enacts section 25.91 (2) of the Health Professions Act, R.S.B.C. 1996, c. 183, is amended by striking out "prescribed drug." and substituting "drug referred to in the prescription."

77 Section 1, as it enacts section 25.92 (1) of the Health Professions Act, R.S.B.C. 1996, c. 183, is amended by striking out "prescription drug or device" and substituting "drug or device referred to in a prescription".

78 Section 1, as it enacts section 25.92 (2) of the Health Professions Act, R.S.B.C. 1996, c. 183, is amended

(a) by striking out "dispense a drug or device contrary to the terms of a prescription" and substituting "renew a prescription, or dispense a drug or device contrary to the terms of a prescription,",

(b) in paragraph (a) by adding "in the case of dispensing a drug or device contrary to the terms of a prescription," before "if the prescription",

(c) by repealing paragraphs (b) and (c) and substituting the following:

(b) if the renewal or contrary dispensing is within the specifications established under one of the following that has been approved by the governing body of a hospital or by the board for the college:

(i) a therapeutic interchange program;

(ii) a protocol intended to optimize the therapeutic outcome of treatment with the drug or device referred to in the prescription, or , and

(d) in paragraph (d) by adding "renewal or" before "contrary" and by renumbering the paragraph as paragraph (c).

Health Statutes Amendment Act, 2006

79 Section 7 of the Health Statutes Amendment Act, 2006, S.B.C. 2006, c. 23, as it enacts section 15.1 (5) of the Health Professions Act, R.S.B.C. 1996, c. 183, is amended by striking out "of this Act".

Pharmacists, Pharmacy Operations and Drug Scheduling Act

80 Section 1 of the Pharmacists, Pharmacy Operations and Drug Scheduling Act, R.S.B.C. 1996, c. 363, is amended in the definition of "interchangeable drug" by striking out "drug prescribed" and substituting "drug referred to in a prescription".

81 Section 30 (2) is amended by striking out "prescribed drug." and substituting "drug referred to in the prescription."

82 Section 31 (1) is amended by striking out "prescription drug or device" and substituting "drug or device referred to in a prescription".

83 Section 31 (2) is amended

(a) by striking out "dispense a drug or device contrary to the terms of a prescription" and substituting "renew a prescription, or dispense a drug or device contrary to the terms of a prescription,",

(b) in paragraph (a) by adding "in the case of dispensing a drug or device contrary to the terms of a prescription," before "if the",

(c) by repealing paragraphs (b) and (c) and substituting the following:

(b) if the renewal or contrary dispensing is within the specifications established under one of the following that has been approved by the governing body of a hospital or by the council:

(i) a therapeutic interchange program;

(ii) a protocol intended to optimize the therapeutic outcome of treatment with the drug or device referred to in the prescription, or , and

(d) in paragraph (d) by striking out "variance" and substituting "renewal or contrary dispensing".

Pharmacy Operations and Drug Scheduling Act

84 Section 1 of the Pharmacy Operations and Drug Scheduling Act, S.B.C. 2003, c. 77, is amended by repealing the definition of "practitioner" and substituting the following:

"practitioner" means a person

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

(b) who is

(i) in a class of persons prescribed by the minister for the purpose of this definition, and

(ii) authorized under the Health Professions Act to prescribe drugs or devices in the course of providing the services of a designated health profession as defined in section 1 of that Act; .

85 Section 21 (4) is repealed and the following substituted:

(4) A bylaw under subsection (1) has no effect unless it is filed with the minister.

(5) A bylaw under subsection (1) comes into force on the date that falls on the day that is the number of days, prescribed by the minister, after the date of filing with the minister unless

(a) the minister disallows the bylaw under subsection (6) (a),

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

(c) the board withdraws the bylaw under subsection (7).

(6) If the minister considers it necessary or advisable to do so, the minister may, by order, within the period prescribed for the purposes of subsection (5)

(a) disallow the bylaw or a portion of the bylaw, or

(b) declare that the bylaw or a portion of the bylaw comes into force on a specified date that is earlier than the date it would otherwise come into force under that subsection.

(7) The board may, by written notice delivered to the minister, withdraw a bylaw or a portion of a bylaw filed under subsection (4) at any time before it would otherwise come into force or before it is disallowed.

(8) A bylaw under subsection (1) may not be made, amended or repealed unless

(a) notice of the proposed bylaw, amendment or repeal is given by the board to the minister

(i) at least 90 days before the proposed bylaw, amendment or repeal is filed with the minister, or

(ii) within a shorter period that the minister specifies as appropriate in the circumstances, and

(b) the proposed bylaw, amendment or repeal is, for the period referred to in paragraph (a) of this subsection,

(i) made available by the board for inspection by any person, free of charge, at the office of the college at all reasonable times during regular business hours, and

(ii) posted by the board on the college website.

(9) The board must

(a) maintain a complete and accurate record of the bylaws that are in effect under subsection (1) and provide a copy of those bylaws to each registrant and manager,

(b) make those bylaws available for inspection by any person, free of charge, at the office of the college at all reasonable times during regular business hours, and

(c) post those bylaws on the college website.

86 Section 22 (2) is repealed and the following substituted:

(2) A regulation under subsection (1) must be filed with the minister.

(2.1) If the minister considers it necessary or advisable to do so, the minister may, by order, disallow the regulation or a portion of the regulation within the number of days, prescribed by the minister, after the date of filing under subsection (2).

(2.2) The board may, by written notice delivered to the minister, withdraw a regulation or a portion of the regulation filed under subsection (1) at any time before it is disallowed.

(2.3) The board may not deposit a regulation with the registrar under the Regulations Act until the earlier of the expiry of the prescribed number of days referred to in subsection (2.1) or a date specified by order of the minister.

(2.4) A regulation or a portion of a regulation that is disallowed by the minister under subsection (2.2) must not be deposited with the registrar under the Regulations Act.

87 The following section is added:

Regulations

34.1  The minister may make regulations as follows:

(a) prescribing a class or classes of persons for the purpose of the definition of "practitioner" in section 1;

(b) prescribing the number of days for the purposes of sections 21 (5) and 22 (2.1).

Commencement

88  The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table: