"Point in Time" Act Content

HEALTH PROFESSIONS ACT
[RSBC 1996] CHAPTER 183

Section 1 definition of "council" BEFORE repealed by 2002-15-9(a) effective December 31, 2002 (BC Reg 336/02).

"council" means the Health Professions Council continued under section 2 (1) or a panel established as provided in section 4 (2) while conducting the business of the council;

Section 1 definition of "minister" was added by 2002-15-9(b) effective December 31, 2002 (BC Reg 336/02).

Part 1 sections 2 to 6 BEFORE repealed by 2002-15-10 effective December 31, 2002 (BC Reg 336/02).

Part 1 — Health Professions Council

Council continued

2 (1) The Health Professions Council is continued consisting of 3 or more members appointed by the Lieutenant Governor in Council.

(2) An appointment under subsection (1) must be for a term not exceeding 3 years.

(3) A member of the council may be reappointed to the council.

(4) The Lieutenant Governor in Council may designate a chair and one or more vice chairs of the council from amongst the council members.

(5) A member of the council who resigns or whose appointment term has ended may

(a) continue to serve until a successor is appointed, and

(b) even if a successor is appointed, continue, in an investigation commenced under section 8 before the resignation or end of term, to serve as a member of the council for the purposes of sections 9 and 10.

Responsibilities of council

3 The council must

(a) consider applications for designation of a health profession received under section 7, and directions to investigate regarding designation of a health profession made under section 8, in accordance with sections 9 and 10,

(b) consider matters referred to it by the minister under section 25 in accordance with that section, and

(c) carry out other duties that the minister or Lieutenant Governor in Council may, by order, direct.

Conduct of council

4 (1) The council must meet

(a) as the chair considers necessary, or

(b) on the request of a majority of the members of the council.

(2) Subject to subsection (1), the council may make rules governing

(a) the calling and conduct of meetings of the council,

(b) the establishment of panels to conduct council business,

(c) the procedure to be followed by a panel in the conduct of council business,

(d) the quorum of the council or of a panel, and

(e) other matters relating to the business of the council.

Remuneration and reimbursement of council members

5 The members of the council may be paid, at rates in accordance with general directives of the Treasury Board,

(a) remuneration as set by the Lieutenant Governor in Council, and

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

Immunity for acts or omissions in good faith

6 (1) No action for damages lies or may be brought against a member of the council or a person acting on behalf of or under the direction of the council because of anything done or omitted in good faith

(a) in the performance or intended performance of any duty under this Act or the regulations, or

(b) in the exercise or intended exercise of any power under this Act or the regulations.

(2) Subsection (1) does not absolve the government from vicarious liability for an act or omission for which it would be vicariously liable if this section were not in force.

Section 7 BEFORE amended by 2002-15-11 effective December 31, 2002 (BC Reg 336/02).

Application by health profession association for designation

7 (1) A health profession association seeking designation of its health profession under this Act must apply to the council.

(2) An application under subsection (1) must be in the form and contain the information required by the council and must be submitted with the prescribed fee.

(3) On receiving an application under subsection (1), the council may

(a) refuse the application without investigation,

(b) in accordance with section 10, recommend without investigation that the health profession be designated under this Act, or

(c) conduct an investigation as it considers necessary to determine whether the health profession should be designated under this Act.

Section 8 BEFORE amended by 2002-15-12 effective December 31, 2002 (BC Reg 336/02).

8 The minister may, in the absence of an application under section 7 (1), direct the council to investigate a health profession to determine whether it should be designated under this Act.

Section 9 BEFORE amended by 2002-15-13 effective December 31, 2002 (BC Reg 336/02 as amended by BC Reg 376/02).

Investigation regarding possible designation

9 (1) If the council decides to conduct an investigation under section 7 (3) (c) or is directed to conduct an investigation under section 8 to determine whether a health profession should be designated under this Act, it must give public notice of the investigation in the Gazette.

(2) Without limiting an investigation under this Act, the council may do one or more of the following for the purposes of the investigation:

(a) require the health profession association to provide further information specified by the council;

(b) examine the directors and officers of the health profession association;

(c) seek the advice of other associations, organizations or persons;

(d) if the council considers the action to be in the best interests of the health profession association or the public, hold hearings the council considers necessary in a manner it determines;

(e) ascertain what services practitioners of the health profession provide to persons who require care and treatment within the scope of that health profession;

(f) evaluate the degree of risk to the health or safety of the public from incompetent, unethical or impaired practice of the health profession;

(g) evaluate the degree of supervision that may be necessary or desirable for a person practising the health profession;

(h) assess the degree of supervision that a person practising the health profession receives or is likely to receive with respect to that practice;

(i) ascertain what educational programs exist in British Columbia or elsewhere for the proper education and training of persons with respect to the practice of the health profession and evaluate the content of those programs;

(j) do other things that it considers necessary and incidental to the consideration of the application or matter before it.

(3) If the council holds a hearing under subsection (2) (d), it may order a person to attend at the hearing to give evidence and to produce records in the possession of or under the control of the person.

(4) On application by the council to the Supreme Court, a person who fails to attend or to produce records as required by an order under subsection (3) is liable to be committed for contempt as if in breach of an order or judgment of the Supreme Court.

(5) Subject to the regulations, the minister may charge to a health profession association part of the costs, including the administrative costs, incurred by the council to conduct an investigation regarding the health profession association's application under section 7 (1).

Section 10 BEFORE amended by 2002-15-13 effective December 31, 2002 (BC Reg 336/02 as amended by BC Reg 376/02).

Council recommendation to minister

10 (1) If the council receives an application under section 7 (1) or a direction under section 8, the council must determine whether it would be in the public interest to designate a health profession under this Act, having regard to the information obtained in any investigation conducted by the council and in accordance with the prescribed criteria, if any.

(2) If the council concludes under subsection (1) that, in the public interest, a health profession should not be designated, the council must recommend to the minister that designation be withheld and provide to the minister reasons for the recommendation.

(3) If the council determines that it would be in the public interest to designate a health profession under this Act, the council

(a) must recommend to the minister that the health profession be designated under this Act, and

(b) may recommend to the minister

(i) a name for the college established under section 15 (1) for the health profession,

(ii) one or more titles to be used exclusively by registrants,

(iii) services that may be performed by registrants,

(iv) limitations on the performance of services by registrants,

(v) services that must only be performed by registrants or performed by or under the supervision of registrants, and

(vi) services that may be performed by a registrant despite a limitation or prohibition under another Act.

Section 11(c) BEFORE amended by 2002-15-14 effective December 31, 2002 (BC Reg 336/02).

(c) criteria to be applied by the council under section 10 (1) in determining whether it would be in the public interest to designate a health profession under this Act.

Section 20(3) BEFORE amended by 2002-52-37 effective July 15, 2002 (BC Reg 173/02).

(3) If an applicant fails to authorize a criminal record check under the Criminal Records Review Act or an adjudicator under that Act has determined that an applicant for registration presents a risk of physical or sexual abuse to children and that determination has not been overturned by an appeal panel under that Act, the registration committee must take the failure or the determination into account when deciding whether to register the applicant or whether to set limits or conditions on the practice of the applicant.

Section 25 BEFORE amended by 2002-15-15 effective December 31, 2002 (BC Reg 336/02).

Reference to council regarding health profession

25 (1) The minister may refer any matter respecting a health profession or a college to the council for consideration.

(2) The council must investigate and make recommendations to the minister regarding any matter referred to it under subsection (1).

(3) For the purposes of an investigation under subsection (2), the council has the powers that it has under section 9 (2) to (4) and, in respect of a designated health profession, has the same powers respecting the college that it has under section 9 (2) respecting a health profession association.

Section 33(2) BEFORE amended by 2002-52-37 effective July 15, 2002 (BC Reg 173/02).

(2) If a registrant fails to authorize a criminal record check under the Criminal Records Review Act or an adjudicator under that Act has determined that the registrant presents a risk of physical or sexual abuse to children and that determination has not been overturned by an appeal panel under that Act, the inquiry committee must take the failure or the determination into account, investigate the matter and decide whether to set limits or conditions on the practice of the registrant or whether to suspend or cancel the registration of the registrant.

Section 43(1)(d)(iii) BEFORE repealed by 2000-24-22 effective November 1, 2000 (BC Reg 280/00).

(iii) who live as husband or wife with, although not married to, a shareholding registrant of the college and who have lived as such for a period of not fewer than 2 years,

Section 43(1.1) was added by 2000-24-22 effective November 1, 2000 (BC Reg 280/00).

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