Health Professions Act

HEALTH PROFESSIONS REGULATION

[includes amendments up to B.C. Reg. 465/2004, October 22, 2004]

Definitions

1 In this regulation "Act" means the Health Professions Act.

Part I — Application for Designation

Application fee

2 The application fee, to be submitted with an application under section 7 (1) of the Act, is $2 000.

Cost of investigation

3 The minister may not charge to a health profession association the first $7 500 of costs incurred by the minister in the conduct of the investigation of the health profession association’s application under section 7 (1) of the Act.

[am. B.C. Reg. 358/2004, s. 2.]

Fees and costs prorated

4 If the minister conducts one investigation for the designation of a health profession in respect of more than one application under section 7 (1) of the Act, the fee payable under section 2 and the costs in excess of the amount under section 3 may be prorated, in proportions determined by the minister, between or amongst the health profession associations who have applied.

[am. B.C. Reg. 358/2004, s. 2.]

Part II — Public Interest Criteria

Criteria for designation of health professions

5 (1) For the purposes of section 10 (1) of the Act, the minister must consider the extent to which the practice of a health profession may involve a risk of physical, mental or emotional harm to the health, safety or well being of the public, having regard to

(a) the services performed by practitioners of the health profession,

(b) the technology, including instruments and materials, used by practitioners,

(c) the invasiveness of the procedure or mode of treatment used by practitioners, and

(d) the degree to which the health profession is

(i) practised under the supervision of another person who is qualified to practise as a member of a different health profession, or

(ii) practised in a currently regulated environment.

(2) The minister may also consider the following criteria:

(a) the extent to which the health profession has demonstrated that there is a public interest in ensuring the availability of regulated services provided by the health profession;

(b) the extent to which the services of the health profession provide a recognized and demonstrated benefit to the health, safety or well being of the public;

(c) the extent to which there exists a body of knowledge that forms the basis of the standards of practice of the health profession;

(d) whether members of the profession are awarded a certificate or degree from a recognized post-secondary educational institution;

(e) whether it is important that continuing competence of the practitioner be monitored;

(f) the extent to which there exists within the health profession recognized leadership which has expressed a commitment to regulate the profession in the public interest;

(g) the likelihood that a college established under the Act would be capable of carrying out the duties imposed by the Act, having regard to factors which in the view of the minister may affect the viable operation of the college;

(h) whether designation of the health profession is likely to limit the availability of services contrary to the public interest.

[am. B.C. Reg. 358/2004, s. 2.]

Part III — Miscellaneous

Notice to be given

6 For the purposes of sections 12 (3), 19 (7), 50 (3) and 55 (3) of the Act, notice must be given to each of the following:

(a) British Columbia College of Chiropractors;

(b) Repealed. [B.C. Reg. 442/99, s. (c) (i).]

(c) College of Dental Surgeons of British Columbia;

(d) Board of Hearing Aid Dealers and Consultants;

(e) to (g) Repealed. [B.C. Reg. 442/99, s. (c) (i).]

(h) Registered Nurses’ Association of British Columbia;

(i) Repealed. [B.C. Reg. 442/99, s. (c) (i).]

(j) Board of Examiners in Optometry;

(k) College of Pharmacists of British Columbia;

(l) Repealed. [B.C. Reg. 442/99, s. (c) (i).]

(m) College of Physicians and Surgeons of British Columbia;

(n) British Columbia Association of Podiatrists;

(o) Repealed. [B.C. Reg. 442/99, s. (c) (i).]

(p) each College established under this Act.

[en. B.C. Reg. 483/94; am. B.C. Regs. 442/99, s. (c) (i); 358/2004, s. 1; 465/2004.]

Note: this regulation replaces B.C. Reg. 120/91.

[Provisions of the Health Professions Act, R.S.B.C. 1996, c. 183, relevant to the enactment of this regulation: sections 11, 12 (3), 19 (7) and 55]

Copyright (c) 2005: Queen's Printer, Victoria, British Columbia, Canada