Health Professions Act
This Act sets rules for health profession colleges, registration, restricted activities, complaints, discipline, and related public-health duties.
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This Act sets rules for health profession colleges, registration, restricted activities, complaints, discipline, and related public-health duties. This segment sets registration, delegation, practice permit, review, and enforcement rules for regulated professions. This provision lets the competence committee and inspectors examine regulated members’ practice, but limits entry into private dwellings and publicly funded facilities. It also sets complaint-handling, confidentiality, referral, and reporting rules, including notice duties and fines for breaches. This part gives the hearing tribunal discipline powers, requires written decisions and appeal notices, restricts suspended members from practising, and prohibits misleading advertising and knowingly forcing members to breach orders. This provision requires registrars and colleges to disclose certain regulated-member information, keep specified records, and lets colleges and regulators make rules, bylaws, and standards of practice.
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Health Professions Act — segment 1
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Health Professions Act — segment 1
This Act sets rules for health profession colleges, registration, restricted activities, complaints, discipline, and related public-health duties.
HEALTH PROFESSIONS ACT Chapter H‑7 Table of Contents 1 Interpretation 1.1 Public health threat Part 0.1 Health Services Restricted Activities 1.2 Definitions 1.3 Restricted activities 1.4 Regulations 1.5 Public health emergency 1.6 Offence 1.7 Penalty 1.8 Burden of proof 1.9 Injunction 1.91 Prohibition of sex reassignment surgery on minors 1.92 Prohibition of certain drug prescriptions for minors 1.93 Orders 1.94 Prohibition 1.95 Declaration re Charter, Bill of Rights and Human Rights Act Part 1 Governance College 2 College established 3 College’s role 3.1 Cessation of professional association functions by college 4 Annual report Council, President and Registrar 5 Council established 5.1 Ineligibility of officer of professional association, etc. 6 Council’s role 7 President 8 Registrar Committees and Tribunals 9 Registration committee 10 Competence committee 11 Competence committee appointee 12 Required public members 12.1 Transitional 13 Public members appointed, lists 14 Hearings director, complaints director 15 Membership lists 16 Tribunal, complaint review committee established 17 Tribunal, committee powers, duties Panels 18 Council, committee panels Delegation 19 Council delegation 20 Person, committee delegation 21 Officials directory Regulated Professions 25 Applying to be a regulated profession 25.1 Amalgamation of existing colleges Part 2 Registration Applying for Registration 28 Application for registration 29 Receipt of application 29.1 Registrar consideration of applicant character, reputation 30 Decision on application 31 Review application 32 Review of registration decision Registration 33 Registers of members 34 Register information 35 Register error 36 Registration of regulated members 37 Corporations not members Practice Permit Renewal 38 Application date for practice permit 39 Suspension if application is not made 40 Applying for practice permit 40.1 Conditions on a practice permit 41 Review by council Suspension, Cancellation and Reinstatement 43 Cancellation of practice permit 44 Return of suspended or cancelled permit 45 Reinstatement 45.1 Reinstatement following cancellation of practice permit, registration under Part 4 Registration Required 46 Mandatory registration 47 Prohibition 48 Offence 49 Injunction Part 3 Continuing Competence and Practice Visits Continuing Competence Program 50 Continuing competence program 50.1 Exemption from specified education or training Practice Visits 51 Practice visit 51.1 Referral to complaints director 52 Confidentiality 53 Offence Part 3.1 Inspections 53.1 Inspectors 53.2 Inspection powers 53.3 Application to Court 53.4 Report of inspection to registrar 53.5 Inspection committee Part 4 Professional Conduct Division 1 Complaint Process 54 Making a complaint 55 Acting on a complaint 56 Aware of unprofessional conduct 57 Termination by employer 57.1 Offence 57.2 Notice of report to law enforcement agency Division 2 Alternative Complaint Resolution 58 Process 59 Evidence 60 Settlement Division 3 Investigations 61 Notice of investigation 62 Investigation scope 63 Investigation powers 64 Proceedings delayed 65 Conditions, suspension during proceedings 66 Report of investigation 67 Notification of action taken 68 Review of dismissal of complaint 69 Hearing to be scheduled 70 Admission of unprofessional conduct Division 4 Hearings and Decisions 71 Bias prevention 72 Investigated person at hearing Witnesses 73 Investigated person’s witnesses 74 College witnesses 75 Notice 76 Rights and obligations of witnesses Hearings 77 College duties in respect of hearing 78 Access to hearing 79 Tribunal at hearing Decisions and Records 80 Tribunal decision 81 Previous decisions 81.1 Tribunal decision re sexual abuse or sexual misconduct 82 Orders of tribunal 83 Written decision 84 Service of decision and record of hearing 85 Examination of record Division 5 Appeals 86 Stay pending appeal Appeal within College 87 Appeal to council 88 Setting the date for an appeal 89 Council ’ s powers on appeal Appeal to the Court 90 Court of Appeal 91 Appeal on record 92 Power of Court on appeal 93 Application to vary order Division 6 General 94 Non‑prejudicial orders 95 Commissioner for oaths 96 Contravention of orders 96.1 Offence 96.2 Unprofessional conduct in another jurisdiction Part 5 Business Arrangements Conducting a Practice 97 Practice in association 98 Partnership restrictions 100 Practice arrangements 101 Municipal, settlement licence exemption 102 Advertising Limited Liability Partnerships 102.1 Limited Liability Partnerships Professional Corporations 103 Definitions 104 Professional corporation 105 Name 106 Use of name 107 Liability of shareholders 108 Approval for professional corporation 109 Professional corporation registered 110 Annual permit 111 Voting of shares restrictions 112 Change in organization 113 Record of professional corporations 114 Cancellation of P.C. permit 115 Notification of cancelled, expired P.C. permits Restrictions on Regulations and Bylaws 116 Regulations, bylaws inoperative Part 6 Other Matters 117 Being suspended 118 Assessing incapacity Notices and Information 119 Access to regulated members’ information 120 Notices 121 Record retention 122 Additional information 122.01 Information sharing Evidence 123 Evidence of registration 124 Burden of proof 125 Records, evidence not admissible Liability 126 Liability exemption Ombudsman 127 Complaints to Ombudsman Reporting Requirements 127.1 Reporting by regulated members 127.2 Reporting of regulated members Part 7 Title Protection 128 Protected words, abbreviations 128.1 Use of alternative punctuation in an abbreviation or initials 129 Penalty 130 Injunction Part 8 Regulations, Bylaws, Codes of Ethics and Standards of Practice 131 Council regulations 132 Bylaws 132.1 Approval of programs and courses 133 Code of ethics, standards of practice 133.1 Specific standards of practice 133.2 Standards of practice respecting female genital mutilation 134 Lieutenant Governor in Council regulations 134.1 Ministerial regulations 135 Transitional regulations Part 8.1 Direction, Support and Variation 135.1 Minister’s direction 135.2 Support 135.3 Variation 135.4 Lieutenant Governor in Council regulations 135.5 Minister’s direction Part 8.2 Patient Relations Program and Funding for Treatment and Counselling 135.6 Establishment of patient relations program 135.7 Patient relations program 135.8 Annual report 135.9 Funding for treatment and counselling 135.91 Lieutenant Governor in Council regulations Part 8.3 College Website 135.92 College website 135.93 Exceptions to disclosure 135.94 Ministerial regulations Part 9 Consequential Amendments, Repeals and Coming into Force 136-155 Consequential amendments 156 Repeals 157 Coming into force Part 10 Profession‑Specific Provisions 158 Unprofessional conduct fines table 159 Interpretation Schedules Schedule 1 – Profession of Acupuncturists Schedule 2 – Profession of Chiropractors Schedule 3 – Profession of Combined Laboratory and X‑Ray Technologists Schedule 4 – Profession of Dental Assistants Schedule 5 – Profession of Dental Hygienists Schedule 6 – Profession of Dental Technologists Schedule 7 – Profession of Dentists Schedule 8 – Profession of Denturists Schedule 9 – Profession of Hearing Aid Practitioners Schedule 10 – Profession of Licensed Practical Nurses and Health Care Aides Schedule 11 – Profession of Medical Laboratory Technologists Schedule 12 – Profession of Medical Diagnostic and Therapeutic Technologists Schedule 13 – Profession of Midwives Schedule 14 – Profession of Naturopaths Schedule 15 – Profession of Occupational Therapists Schedule 16 – Profession of Opticians Schedule 17 – Profession of Optometrists Schedule 18 – Profession of Paramedics Schedule 19 – Profession of Pharmacists and Pharmacy Technicians Schedule 20 – Profession of Physiotherapists Schedule 21 – Profession of Physicians, Surgeons, Osteopaths and Physician Assistants Schedule 21.1 – Profession of Podiatrists Schedule 22 – Profession of Psychologists Schedule 23 – Profession of Registered Dietitians and Registered Nutritionists Schedule 24 – Profession of Registered Nurses Schedule 25 – Profession of Registered Psychiatric Nurses Schedule 26 – Profession of Respiratory Therapists Schedule 27 – Profession of Social Workers Schedule 28 – Profession of Speech‑Language Pathologists and Audiologists HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Interpretation 1 (1) In this Act, (a) repealed 2019 c22 s6; (b) “alternative complaint resolution process” means a process to help the complainant, the college and the investigated person settle a complaint; (b.1) “animal” means animal as defined in the Animal Health Act ; (c) “annual permit” means a permit issued to a professional corporation under this Act; (d) “code of ethics” means a code of ethics adopted by a council under Part 8; (e) “college” means the college of a regulated profession; (f) “competence” means the combined knowledge, skills, attitudes and judgment required to provide professional services; (g) “competence committee” means a competence committee established under this Act; (h) “complaint review committee” means a complaint review committee established under Part 1; (i) “complaints director” means the complaints director of a college; (j) “conduct” includes an act or omission; (k) “continuing competence program” means a program of continuing competence provided for in the standards of practice of a council; (l) “council” means the council of a college; (m) “document” includes recorded information in written, photographic, magnetic, electronic or other form; (m.1) “female genital mutilation” means the excision, infibulation or mutilation, in whole or in part, of the labia majora, labia minora, clitoral hood or clitoris of a person, except where valid consent is given, and (i) a surgical or other procedure is performed by a regulated member under this Act for the benefit of the physical health of the person or for the purpose of that person having normal reproductive functions or normal sexual appearance or function, or (ii) the person is at least 18 years of age and there is no resulting bodily harm; (n) “former Act” means an Act that regulated a profession immediately before this Act began to regulate that profession; (o) “former member” means a person who (i) has had but no longer has a practice permit under this Act, or (ii) has been but has ceased to be a regulated member pursuant to this Act or a member who was regulated under a former Act; (o.1) “gender dysphoria” means a person’s distress caused by a marked incongruence between that person’s gender identity or gender expression and that person’s sex assigned at birth; (o.2) “gender incongruence” means a marked and persistent incongruence between a person’s gender identity and that person’s sex assigned at birth; (p) “health service” means a service provided to people (i) to protect, promote or maintain their health, (ii) to prevent illness, (iii) to diagnose, treat or rehabilitate, or (iv) to take care of the health needs of the ill, disabled, injured or dying; (q) “hearing tribunal” means a hearing tribunal established under Part 1; (r) “hearings director” means the hearings director of a college; (s) “incapacitated” means suffering from a physical, mental or emotional condition or disorder or an addiction to alcohol or drugs as defined in the Pharmacy and Drug Act or other chemicals that impairs the ability to provide professional services in a safe and competent manner; (s.1) “inspector” means an inspector of a college appointed under Part 3.1; (t) “investigated person” means a person with respect to whom (i) a complaint has been made under Part 4, (ii) information has been treated as a complaint in accordance with section 56, or (iii) a notice has been given under section 57(1), and the proceedings with respect to the complaint, information or notice have not been concluded; (u) “investigator” means the complaints director or other person who conducts an investigation under Part 4; (v) “Minister” means the Minister determined under section 16 of the Government Organization Act as the Minister responsible for this Act; (v.1) “minor”, except in sections 53.4(3) and 120(2) and section 8.7(i) of Schedule 21, means a person under the age of 18 years; (w) “Ombudsman” means the Ombudsman appointed under the Ombudsman Act ; (x) “other member” means a non‑regulated member of a college registered on a register established under section 33(1)(b); (x.1) “patient”, for the purposes of a complaint made in respect of unprofessional conduct in relation to sexual abuse or sexual misconduct, means a patient as set out in the standards of practice of a council; (y) repealed 2016 c9 s2; (z) “practice” means the practice of a regulated profession within the meaning of section 3 of a schedule to this Act; (aa) “practice permit” means a practice permit issued to a regulated member under Part 2; (bb) “practice visit” means a practice visit within the meaning of Part 3; (cc) “president” means the president of a college; (dd) “professional corporation” means professional corporation within the meaning of Part 5; (ee) “professional fee” means a fee charged by a regulated member for a professional service; (ff) “professional service” means a service that comes within the practice of a regulated profession; (gg) “public member” means a person appointed as a public member under this Act; (hh) “ratified settlement” means a settlement ratified under section 60(2); (ii) “record of the hearing” means the record described in section 84(1)(b); (jj) “registrar” means the registrar of a college; (kk) “registration committee” means a registration committee established under Part 1; (ll) “regulated member” means a person who is registered as a member under section 33(1)(a); (mm) “regulated profession” means a profession that is regulated by this Act; (nn) “restricted activity” means a restricted activity and a portion of a restricted activity, within the meaning of Part 0.1; (nn.01) “sex reassignment surgery” means a surgical procedure or procedures if used to treat gender dysphoria or gender incongruence, and includes the following procedures: (i) breast augmentation; (ii) chest masculinization; (iii) hysterectomy; (iv) metoidioplasty; (v) oophorectomy; (vi) orchiectomy; (vii) penectomy; (viii) phalloplasty; (ix) vaginectomy; (x) vaginoplasty; (xi) a surgical procedure identified in the regulations; (nn.1) “sexual abuse” means the threatened, attempted or actual conduct of a regulated member towards a patient that is of a sexual nature and includes any of the following conduct: (i) sexual intercourse between a regulated member and a patient of that regulated member; (ii) genital to genital, genital to anal, oral to genital, or oral to anal contact between a regulated member and a patient of that regulated member; (iii) masturbation of a regulated member by, or in the presence of, a patient of that regulated member; (iv) masturbation of a regulated member’s patient by that regulated member; (v) encouraging a regulated member’s patient to masturbate in the presence of that regulated member; (vi) touching of a sexual nature of a patient’s genitals, anus, breasts or buttocks by a regulated member; (nn.2) “sexual misconduct” means any incident or repeated incidents of objectionable or unwelcome conduct, behaviour or remarks of a sexual nature by a regulated member towards a patient that the regulated member knows or ought reasonably to know will or would cause offence or humiliation to the patient or adversely affect the patient’s health and well‑being but does not include sexual abuse; (nn.3) “sexual nature” does not include any conduct, behaviour or remarks that are appropriate to the service provided; (oo) “standards of practice” means standards of practice adopted by a council under Part 8; (pp) “unprofessional conduct” means one or more of the following, whether or not it is disgraceful or dishonourable: (i) displaying a lack of knowledge of or lack of skill or judgment in the provision of professional services; (ii) contravention of this Act, a code of ethics or standards of practice; (iii) contravention of another enactment that applies to the profession; (iv) representing or holding out that a person was a regulated member and in good standing while the person’s registration or practice permit was suspended or cancelled; (v) representing or holding out that person’s registration or practice permit is not subject to conditions when it is or misrepresenting the conditions; (vi) failure or refusal (A) to comply with the requirements of the continuing competence program, or (B) to co‑operate with a competence committee or a person appointed under section 11 undertaking a practice visit; (vi.1) failure or refusal (A) to comply with a request of or co‑operate with an inspector; (B) to comply with a direction of the registrar made under section 53.4(3); (vii) failure or refusal (A) to comply with an agreement that is part of a ratified settlement, (B) to comply with a request of or co‑operate with an investigator, (C) to undergo an examination under section 118, or (D) to comply with a notice to attend or a notice to produce under Part 4; (viii) contravening an order under Part 4, conditions imposed on a practice permit or a direction under section 118(4); (ix) carrying on the practice of the regulated profession with a person who is contravening section 98 or an order under Part 4 or conditions imposed on a practice permit or a direction under section 118(4); (x) carrying on the practice of the regulated profession of physicians, surgeons, osteopaths, dentists, chiropractors or optometrists on behalf of a corporation that does not meet the requirements of sections 104 to 115 or as a partner of a partnership that does not meet the requirements of section 98(3); (xi) repealed 2016 c9 s2; (xii) conduct that harms the integrity of the regulated profession; (qq) “unprofessional conduct fines table” means the unprofessional conduct fines table in Part 10. (1.1) The Minister may make regulations identifying other surgical procedures for the purposes of subsection (1)(nn.01). (2) In this Act, (a) a reference to “this Act” includes the regulations under this Act; (b) a reference to a power and duty includes the power and duty to make a decision; (c) a reference to conditions includes restrictions and limitations. RSA 2000 cH‑7 s1;RSA 2000 cP‑13 s48;2006 c19 s2(22);2008 c34 s2; 2016 c9 s2;2018 c15 s2;2019 c22 s6;2020 c35 s71;2021 c10 s3; 2022 c9 s2;2023 c9 s12;2024 c16 s9 Public health threat 1.1 (1) Despite this Act, the bylaws and any enactment that governs the practice of a regulated member or health practitioner, college or regulatory organization, if any of the following persons knows of or has reason to suspect the existence of a nuisance or a threat that is or may be injurious or dangerous to the public health, that person must immediately notify a medical officer of health having jurisdiction over the area of Alberta in which the nuisance or threat or suspected nuisance or threat is located by the fastest means possible: (a) a regulated member; (b) a health practitioner who provides health services described in a Schedule; (c) a member of a council of, or an officer, employee or agent of, a college; (d) a member of a board or council of, or an officer, employee or agent of, a regulatory organization that governs the practice of a health practitioner who provides health services described in a Schedule. (2) The definitions in the Public Health Act apply to this section. 2007 c32 s1(2);2025 c10 s27;2025 c21 s9 Part 0.1 Health Services Restricted Activities Definitions 1.2 In this Part, (a) “activity of daily living” means an activity that individuals normally perform on their own behalf to maintain their health and well being, and includes (i) routine and invasive self care activities, including but not restricted to the removal of slivers and the cleaning of wounds, and (ii) specifically taught procedures, which generally result in predictable and stable responses, including but not restricted to catheterization, maintenance of drainage tubes and administration of drugs by injection; (b) “administration of a drug” means the supplying of a dose of a drug to a person for the purpose of immediate ingestion, application, inhalation, insertion, instillation or injection; (c) “compound” means to mix together 2 or more ingredients of which at least one is a drug for the purposes of dispensing a drug or drugs, but does not include reconstituting a drug or drugs with only water; (d) “dispense” means (i) with respect to drugs, to provide a drug pursuant to a prescription for a person, but does not include the administration of a drug to a person, and (ii) with respect to corrective lenses, to verify corrective lenses objectively to the prescription; (e) “drug” means drug as defined in the Pharmacy and Drug Act ; (f) “restricted activity” means an activity named as a restricted activity in section 1.3; (g) “sell” includes (i) distribute, trade or barter for money or other valuable consideration, (ii) distributing and giving away without expectation or hope of compensation or reward, (iii) keeping for sale, and (iv) offering for sale; (h) “surrogate” means a person authorized by an individual or by the individual’s guardian, if the guardian is authorized to give such authorization, to assist the individual in carrying on an activity of daily living. 2020 c35 s72 Restricted activities 1.3 (1) The following, carried out in relation to or as part of providing a health service, are restricted activities: (a) to cut a body tissue, to administer anything by an invasive procedure on body tissue or to perform surgical or other invasive procedures on body tissue (i) below the dermis or the mucous membrane or in or below the surface of the cornea, or (ii) in or below the surface of teeth, including scaling of teeth; (b) to insert or remove instruments, devices, fingers or hands (i) beyond the cartilaginous portion of the ear canal, (ii) beyond the point in the nasal passages where they normally narrow, (iii) beyond the pharynx, (iv) beyond the opening of the urethra, (v) beyond the labia majora, (vi) beyond the anal verge, or (vii) into an artificial opening into the body; (c) to insert into the ear canal (i) under pressure, liquid, air or gas, or (ii) a substance that subsequently solidifies; (d) to set or reset a fracture of a bone; (e) to reduce a dislocation of a joint except for a partial dislocation of the joints of the fingers and toes; (f) to use a deliberate, brief, fast thrust to move the joints of the spine beyond the normal range but within the anatomical range of motion, which generally results in an audible click or pop; (g) to prescribe a Schedule 1 drug within the meaning of the Pharmacy and Drug Act ; (h) to dispense, compound, provide for selling or sell a Schedule 1 drug or Schedule 2 drug within the meaning of the Pharmacy and Drug Act ; (i) to administer a vaccine or parenteral nutrition; (j) to prescribe, compound or administer blood or blood products; (k) to prescribe or administer diagnostic imaging contrast agents; (l) to prescribe or administer anesthetic gases, including nitrous oxide, for the purposes of anesthesia or sedation; (m) to prescribe or administer radiopharmaceuticals, radiolabelled substances, radioactive gases or radioaerosols; (n) to order or apply any form of ionizing radiation in (i) medical radiography, (ii) nuclear medicine, or (iii) radiation therapy; (o) to order or apply non‑ionizing radiation in (i) lithotripsy, (ii) magnetic resonance imaging, or (iii) ultrasound imaging, including any application of ultrasound to a fetus; (p) to prescribe or fit (i) an orthodontic or periodontal appliance, (ii) a fixed or removable partial or complete denture, or (iii) an implant‑supported prosthesis; (q) to perform a psychosocial intervention with an expectation of treating a substantial disorder of thought, mood, perception, orientation or memory that grossly impairs (i) judgment, (ii) behaviour, (iii) capacity to recognize reality, or (iv) ability to meet the ordinary demands of life; (r) to manage labour or deliver a baby; (s) to prescribe or dispense corrective lenses. (2) Despite subsection (1), the following are not restricted activities: (a) activities of daily living, whether performed by the individual or by a surrogate on the individual’s behalf; (b) giving information and providing advice with the intent of enhancing personal development, providing emotional support or promoting spiritual growth of individuals, couples, families and groups; (c) drawing venous blood. 2020 c35 s72 Regulations 1.4 The Minister may make regulations authorizing a person or a category of persons, other than a regulated member or category of regulated members, to perform one or more restricted activities subject to any conditions included in the regulations. 2020 c35 s72 Public health emergency 1.5 For the purposes of preventing, combating or alleviating a public health emergency as defined in the Public Health Act , the Minister may by order authorize a person or category of persons to perform one or more restricted activities subject to any terms or conditions the Minister may prescribe. 2020 c35 s72 Offence 1.6 (1) No person shall perform a restricted activity or a portion of it on or for another person unless (a) the person performing it (i) is a regulated member and is authorized to perform it by the regulations, (ii) is authorized to perform it by a regulation under section 1.4, (iii) is authorized to perform it by an order under section 1.5, or (iv) is authorized to perform it by another enactment, or (v) has the consent of, and is being supervised by, a regulated member described in clause (a)(i), and (b) there are standards of practice adopted by the council of the college of the regulated member respecting (i) how a regulated member performs the restricted activity, (ii) who may be permitted to perform the restricted activity under the supervision of a regulated member, and (iii) how a regulated member must supervise persons who provide restricted activities under the regulated member’s supervision. (2) Despite subsection (1), if no person who is authorized under subsection (1) is available to perform the restricted activity or a portion of it, a person may without expectation or hope of compensation or reward provide a restricted activity or a portion of it to provide physical comfort to or to stabilize another person who is ill, injured or unconscious as a result of an accident or other emergency. (3) No person, other than a person authorized to perform a restricted activity under subsection (1)(a), shall or shall purport to consent to, provide supervision of and control of, another person performing the restricted activity or a portion of a restricted activity. (4) No person shall require another person to perform a restricted activity or a portion of a restricted activity if that other person is not authorized in accordance with subsection (1) to perform it. 2020 c35 s72 Penalty 1.7 (1) A person who contravenes section 1.6 is guilty of an offence and liable (a) for a first offence, to a fine of not more than $5000, (b) for a 2nd offence, to a fine of not more than $10 000, and (c) for a 3rd and every subsequent offence, to a fine of not more than $25 000 or to imprisonment for a term of not more than 6 months or to both fine and imprisonment. (2) A prosecution for an offence under this Part may not be commenced more than 2 years after the date on which the alleged offence occurs. 2020 c35 s72 Burden of proof 1.8 In a prosecution under this Part, the burden of proving that a person was authorized to perform a restricted activity by section 1.6(1) is on the accused. 2020 c35 s72 Injunction 1.9 The Court of King’s Bench, on application by a person authorized by the Minister, may grant an injunction enjoining any person from doing any act that contravenes section 1.6 despite any penalty that may be provided by section 1.7 in respect of that contravention. 2020 c35 s72 Prohibition of sex reassignment surgery on minors 1.91 A regulated member shall not perform a sex reassignment surgery on a minor. 2024 c16 s9 Prohibition of certain drug prescriptions for minors 1.92 (1) A regulated member shall not prescribe a Schedule 1 drug within the meaning of the Pharmacy and Drug Act , or any other drug identified in the regulations, to a minor for the purposes of hormone therapy, including puberty suppression and hormone replacement therapy, for the treatment of gender dysphoria or gender incongruence except in accordance with an order of the Minister under section 1.93. (2) The Minister may make regulations identifying any drug as a drug for the purposes of this section. 2024 c16 s9 Orders 1.93 The Minister may make orders (a) authorizing the prescription of a Schedule 1 drug within the meaning of the Pharmacy and Drug Act , or any other drug identified in the regulations made under section 1.92(2), to a minor for the purposes of hormone therapy, including puberty suppression and hormone replacement therapy, for the treatment of gender dysphoria or gender incongruence, and (b) respecting any such authorization, including any terms, conditions or limits that apply to an authorization. 2024 c16 s9 Prohibition 1.94 (1) A regulated member shall not procure or perform female genital mutilation. (2) A person who has been convicted of a criminal offence related to the procurement or performance of female genital mutilation is not eligible for registration as a regulated member under this Act. 2022 c9 s3;2024 c16 s9 Declaration re Charter, Bill of Rights and Human Rights Act 1.95 (1) Sections 1.91, 1.92 and 1.93 shall operate notwithstanding (a) sections 2 and 7 to 15 of the Canadian Charter of Rights and Freedoms , (b) the Alberta Bill of Rights , and (c) the Alberta Human Rights Act . (2) A regulation made under section 1.92(2) of this Act is deemed to be a provision of this Act. (3) An order made under section 1.93 of this Act, including Ministerial Order No. 31/2025 made by the Minister of Primary and Preventative Health Services, is deemed to be a provision of this Act. (4) For greater certainty, subsection (1) applies to (a) a regulation made under section 1.92(2) of this Act, and (b) an order made under section 1.93 of this Act, including Ministerial Order No. 31/2025 made by the Minister of Primary and Preventative Health Services. 2025 c24 s3 Part 1 Governance College College established 2 A college is a corporation that (a) is created or continued in a schedule to this Act, (b) consists of its regulated members and other members, and (c) has the capacity and, subject to this Act, the rights, powers and privileges of a natural person. 1999 cH‑5.5 s2 College ’ s role 3 (1) A college (a) must carry out its activities and govern its regulated members in a manner that protects and serves the public interest, (b) must provide direction to and regulate the practice of the regulated profession by its regulated members, (c) must establish, maintain and enforce standards for registration and of continuing competence and standards of practice of the regulated profession, (d) must establish, maintain and enforce a code of ethics, (e) must carry on the activities of the college and perform other duties and functions by the exercise of the powers conferred by this Act, and (f) may approve programs of study and education courses for the purposes of registration requirements. (2) A college may not set professional fees, provide guidelines for professional fees or negotiate professional fees on behalf of some or all of its regulated members. (3) A college or a council or committee of a college may not be a certified bargaining agent as defined in the Labour Relations Code . (4) A college may carry out functions other than those set out in subsection (1) or elsewhere in this Act if those functions are consistent with the college’s role as set out in this section. (5) A college must not act or hold itself out as a professional association. (6) Nothing in this section prevents a college from collaborating or cooperating with or engaging the services of a professional association, labour union or regulatory body in any jurisdiction to undertake activities that align with the role of the college, including but not limited to, (a) developing programs for the professional development of regulated members, (b) engaging the services of educational program accreditation agencies, (c) developing competency best practices, (d) promoting national standards and labour mobility, and (e) providing for national examinations. RSA 2000 cH‑7 s3;2001 c21 s2;2020 c35 s73 Cessation of professional association functions by college 3.1 A college that immediately before the coming into force of this section serves or purports to serve as a professional association must (a) within 6 months after the coming into force of this section, provide the Minister with a plan to divest itself of its professional association functions, and (b) effective 18 months after the coming into force of this section, have no functions of, connection to or affiliation with a professional association. 2020 c35 s74 Annual report 4 (1) A college must submit to the Minister an annual report of its activities in a form acceptable to the Minister that contains the information requested by the Minister, including but not restricted to (a) a statement respecting the number of complaints made and their disposition, including the number of hearings closed to the public in whole or in part, the number of appeals and the number of regulated members dealt with under section 118; (b) information respecting registration; (c) a description of and information about the college’s continuing competence program; (c.1) a description of and information about inspections under Part 3.1; (d) repealed 2020 c35 s75; (e) a statement respecting the committees and tribunals established under this Act; (f) audited financial information or financial information in a form and manner satisfactory to the Minister. (1.1) A statement respecting complaints referred to in subsection (1)(a) must include (a) the number of complaints alleging sexual abuse or sexual misconduct, and (b) the number of findings of unprofessional conduct based in whole or in part on sexual abuse or sexual misconduct. (2) On receipt of a report under subsection (1), the Minister must lay a copy of it before the Legislative Assembly if it is then sitting or, if it is not then sitting, within 15 days after the commencement of the next sitting. (3) The Minister may, to ensure that the requirements of this Act are met, require reports from the college in addition to the annual report under subsection (1). RSA 2000 cH‑7 s4;2008 c34 s3;2018 c15 s3;2020 c35 s75 Council, President and Registrar Council established 5 (1) The governing body of a college is the council. (2) The council consists of the president and (a) the regulated members provided for in the bylaws, (b) the non‑voting members, if any, provided for in the bylaws, and (c) subject to section 12(1), the number of public members appointed by the Lieutenant Governor in Council. (3) The president and members described in subsection (2)(a) and (c) are the voting members of the council. (4) A member described in subsection (2)(a), (b) or (c) continues to hold office after the expiry of the member’s term until the member is reappointed or re‑elected or a successor is appointed or elected. (5) Despite section 12, if a member described in subsection (2)(a), (b) or (c) is not capable of carrying out the powers and duties of a member, the council may continue to carry out its powers and duties until a successor is appointed or elected. 1999 cH‑5.5 s5 Ineligibility of officer of professional association, etc. 5.1 (1) An individual who is an officer or senior employee of a professional association or a labour union that represents members of a regulated health profession is not eligible to be appointed or elected to any of the following positions: (a) member of a council; (b) member of a registration committee, competence committee or hearing tribunal; (c) complaints director or the complaints director’s delegate; (d) hearings director or the hearings director’s delegate; (e) registrar or the registrar’s delegate; (f) president of a council or the president’s delegate. (2) If an individual appointed or elected to a position listed in subsection (1) subsequently becomes an officer or senior employee of a union or professional association representing members of the college, the individual is not eligible to continue to serve and the individual’s appointment or elected term is terminated. 2020 c35 s76 Council ’ s role 6 A council manages and conducts the activities of the college, exercises the rights, powers and privileges and carries out the duties of the college in the name of and on behalf of the college and carries out the powers and duties of the council under this Act and the bylaws. 1999 cH‑5.5 s6 President 7 A council must appoint, elect or provide for the appointment or election of an individual to be president for the purposes of this Act. 1999 cH‑5.5 s7 Registrar 8 A council must appoint or provide for the appointment of an individual as registrar for the purposes of this Act. 1999 cH‑5.5 s8 Committees and Tribunals Registration committee 9 (1) A council (a) may establish a registration committee consisting of no fewer than 3 members, the majority of which must be regulated members, and (b) if a registration committee is established, must designate a member of that committee to act as chair. (2) A member of a registration committee continues to hold office after the expiry of the member’s term until the member is reappointed or a successor is appointed. (3) Despite subsection (1), if a member of a registration committee is not capable of carrying out the powers and duties of a member, the registration committee may continue a review of an application in which the member was participating, and the registration committee may carry out its powers and duties with respect to that review. (4) A registration committee may, (a) if provided for in the bylaws, review an application for registration, and (b) undertake any other power or duty given to it under this Act or the bylaws. 1999 cH‑5.5 s9 Competence committee 10 (1) A council (a) may establish a competence committee, and (b) must establish the competence committee if the college is authorized by standards of practice to undertake assessments of a regulated member’s competence. (2) A competence committee must consist of no fewer than 3 members appointed by the council and the majority of members must be regulated members and the council must designate a member of that committee to act as chair. (3) A council may, by bylaw, direct the registration committee to carry out the powers and duties of a competence committee except those described in subsection (6)(b). (4) A member of a competence committee continues to hold office after the expiry of the member’s term until the member is reappointed or a successor is appointed. (5) Despite subsection (2), if a member of a competence committee is not capable of carrying out the powers and duties of a member, the competence committee may continue to conduct a practice visit in which the member was participating, and the competence committee may carry out its powers and duties with respect to that practice visit. (6) A competence committee (a) may make recommendations to the council on continuing competence requirements and the assessment of those requirements, (b) may, if authorized by standards of practice, provide for assessments of regulated members’ competence as part of the continuing competence program and conduct an assessment of regulated members’ competence, and (c) may undertake any other power or duty given to it under this Act or the bylaws. (7) Despite subsection (6) and section 20, if a competence committee is authorized to conduct assessments of a regulated member’s competence it shall not carry out any powers or duties under sections 28 to 30. RSA 2000 cH‑7 s10;2008 c34 s4;2020 c35 s77 Competence committee appointee 11 A competence committee may appoint one or more persons who have technical expertise or other relevant knowledge to inquire into and report to the competence committee with respect to any matter related to any power or duty of the competence committee. RSA 2000 cH‑7 s11;2007 c32 s1(3) Required public members 12 (1) Fifty percent of the voting members of a council, a complaint review committee and a hearing tribunal and of a panel of any of them must be public members but with the consent of the council the percentage of the public members may be greater than 50%. (2) Despite the bylaws governing quorum, the number of public members required by subsection (1) must be present at an appeal under Part 4 before a council, a ratification of a settlement and a review by a complaint review committee and a hearing by a hearing tribunal. (3) Despite subsections (1) and (2), the powers and duties of a council, complaint review committee or hearing tribunal or a panel of any of them are not affected by a vacancy in the office of a public member for up to 6 months from the date that the schedule to this Act that governs the college comes into force. RSA 2000 cH‑7 s12;2007 c32 s1(4);2020 c27 s4 Transitional 12.1 Despite section 12, a proceeding before one of the following bodies, or a panel of any of them, commenced before the date on which this section comes into force and not concluded before that date, must continue to be dealt with in accordance with section 12 as it existed before this section came into force: (a) a council; (b) a complaint review committee; (c) a hearing tribunal. 2020 c27 s4 Public members appointed, lists 13 (1) Subject to subsection (2), the Lieutenant Governor in Council (a) may, after the Minister has consulted with the affected council, appoint and rescind the appointment of public members to a council, and (b) may appoint persons to a list of public members for the purpose of establishing complaint review committees and hearing tribunals. (2) The following are not eligible to be appointed as public members: (a) with respect to an appointment to a council, a person who is a regulated member of that college; (b) a person who represents or is normally engaged in representing a group of employees who are regulated members in the negotiation of collective bargaining agreements or in any proceedings under a collective bargaining agreement with respect to regulated members or who negotiates or sets professional fees or guidelines on professional fees on or on behalf of regulated members of a college; (c) a member or officer of a provincial health agency or regional health authority under the Provincial Health Agencies Act . (3) The public members of a complaint review committee and a hearing tribunal are the persons designated by a hearings director from the list, established under subsection (1)(b), of public members, other than regulated members of the college. (4) A public member may be appointed to a list of public members for a term of up to 3 years and may be reappointed, but may not be appointed for more than 6 consecutive years. (4.1) A public member may be appointed to a council for a term of up to 3 years and may be reappointed, but may not be appointed for more than 6 consecutive years. (5) Despite subsection (4.1), a member of a council appointed under subsection (1)(a) continues to be an appointed member after the expiry of the term of the appointment until the member is reappointed, the member’s appointment is rescinded or a successor is appointed. (6) Public members under this section may, at the rates prescribed by the Lieutenant Governor in Council, be paid remuneration for their services by and receive reasonable living and travelling expenses from the Government incurred in the course of their duties as members. RSA 2000 cH‑7 s13;2006 c19 s2(2);2008 cH‑4.3 s19;2019 c22 s6; 2024 c10 s21 Hearings director, complaints director 14 (1) A council must provide for the appointment of an individual as a hearings director for the purposes of this Act. (2) A hearings director may not chair nor participate in a hearing, review or appeal under Part 4. (3) A council must provide for the appointment of an individual as a complaints director for the purposes of this Act. 1999 cH‑5.5 s14 Membership lists 15 (1) A council must appoint members to a membership list consisting of no fewer than 4 regulated members to be used for appointing members to both hearing tribunals and complaint review committees. (2) Only regulated members are eligible to be included on a list referred to in subsection (1). 1999 cH‑5.5 s15 Tribunal, complaint review committee established 16 (1) The hearings director may establish a hearing tribunal and a complaint review committee consisting of (a) 2 or more members from the membership list established under section 15, and (b) the number of public members required by section 12(1), and if a hearing tribunal or complaint review committee is established, the hearings director must designate a member of that tribunal or committee to act as chair. (1.1) When establishing a hearing tribunal where the subject‑matter of a hearing relates to a complaint alleging sexual abuse of or sexual misconduct towards a patient by a regulated member, the hearings director must make every reasonable effort to ensure that (a) at least one member of the hearing tribunal has the same gender identity as the patient, (b) all members of the hearing tribunal have received training on trauma informed practice and sexual violence, and any other training specified by the Minister, and (c) all members of the hearing tribunal have completed the training referred to in clause (b) prior to serving on a hearing tribunal. (1.2) For the purposes of ensuring that at least one member of the hearing tribunal has the same gender identity as the patient under subsection (1.1), the hearings director may select one member from the membership list established by another council under section 15 to be appointed as one additional public member. (2) Despite section 13(4), a member of a hearing tribunal or of a complaint review committee continues to hold office after the expiry of the member’s term until the member is reappointed or a successor is appointed. (3) Despite section 12(2), if a member of a hearing tribunal or of a complaint review committee is not capable of carrying out the powers and duties of a member, (a) the hearing tribunal may continue to hold a hearing in which the member was participating and the hearing tribunal may carry out its powers and duties with respect to that hearing, and (b) the complaint review committee may continue to review and ratify a settlement under section 60 and to conduct a review under section 68 in which the member was participating and the complaint review committee may carry out its powers and duties with respect to that settlement or review. (4) All members of a hearing tribunal and of a complaint review committee are voting members. (5) The hearings director may direct one or more hearing tribunals or complaint review committees established under this section to carry out any power or duty that a hearing tribunal or complaint review committee may carry out under this Act. RSA 2000 cH‑7 s16;2018 c15 s4 Tribunal, committee powers, duties 17 (1) A hearing tribunal’s powers and duties include holding hearings under this Act.
Part document.segment-2
Health Professions Act — segment 2
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Health Professions Act — segment 2
This segment sets registration, delegation, practice permit, review, and enforcement rules for regulated professions.
(2) A complaint review committee’s powers and duties include reviewing and ratifying settlements under section 60 and conducting reviews under section 68. 1999 cH‑5.5 s17 Panels Council, committee panels 18 (1) Subject to section 12, (a) a person or committee designated by a council may designate 3 or more members of council to sit as a panel of council and designate a member of the panel to act as chair, or (b) the chair of the registration committee and of the competence committee may designate 3 or more members of the registration committee or competence committee to sit as a panel of the registration committee or competence committee and designate a member of the panel to act as chair. (2) A person or committee designated by a council may direct a panel of the council to carry out the powers and duties of the council with respect to a review under Part 2 and an appeal under Part 4 or section 118. (3) The chair of the registration committee or of the competence committee may direct a panel of the registration committee or of the competence committee to carry out any power or duty that the registration committee or competence committee may carry out under this Act. (4) If a member designated under subsection (1) is not capable of carrying out the powers and duties of a member, the panel may continue an appeal or review an application in which the member was participating and the panel may carry out its powers and duties with respect to that appeal or application. (5) A power or duty carried out by a panel of the council, of the registration committee or the competence committee is a power or duty carried out by the council, registration committee or competence committee. (6) Two or more panels of the council, of the registration committee or of the competence committee may carry out their powers and duties simultaneously. (7) Any reference in this Act or any other enactment to a council, registration committee or competence committee is deemed to be also a reference to a panel of the council, of the registration committee or of the competence committee. RSA 2000 cH‑7 s18;2007 c32 s1(5) Delegation Council delegation 19 (1) A council may delegate any of its powers and duties to one or more persons or committees, except the power to make regulations or bylaws and to adopt a code of ethics or standards of practice. (2) A council may impose conditions on a delegation under subsection (1). (3) When a council delegates a power or duty, it may authorize the person or committee to further delegate the power or duty, subject to any conditions imposed by the council. (4) Any reference in this Act or any other enactment to a council is deemed to be also a reference to a delegate and to a delegate of the delegate under this section. 1999 cH‑5.5 s19;2000 c15 s4(3) Person, committee delegation 20 (1) Subject to the bylaws, a person or committee to whom a power or duty is given under this Act or the bylaws may delegate the power or duty to one or more other persons or committees. (2) A person or committee making a delegation under subsection (1) may impose conditions on the delegation. (3) Despite subsection (1), (a) the powers and duties of both a complaints director and a hearings director may not be delegated to the same person, and (b) a complaint review committee, a hearing tribunal or a council or panel of council may not delegate its powers or duties with respect to a review or appeal under Part 4. (4) Any reference in this Act or any other enactment to a person or committee to whom a power or duty is given under this Act is deemed to be also a reference to a delegate of the person or committee under this section. 1999 cH‑5.5 s20 Officials directory 21 (1) The council must establish and keep up to date a directory that contains the names of and how to contact (a) the complaints director and any delegate; (b) the hearings director and any delegate; (c) the registrar and any delegate; (d) the president and any delegate; (e) the council and any delegate and any delegate of the delegate. (2) The information under subsection (1) must, on request, (a) be made available to the public during regular business hours, and (b) be provided to the Minister. 1999 cH‑5.5 s21 22 to 24 Repealed 2019 c22 s6. Regulated Professions Applying to be a regulated profession 25 (1) A group of persons seeking to be a regulated profession must apply to the Minister for recommendation to the Legislature that this Act be amended to include the profession as a regulated profession. (2) An application under subsection (1) (a) repealed 2006 c19 s2, (b) must be in the form and contain the information requested by the Minister, and (c) must be accompanied with the application fee set by the Minister. (2.1) If a group of persons referred to in subsection (1) applies for the establishment of a college to govern the proposed regulated profession, the application must provide (a) a rationale for why a college should be established and why an existing college would not be appropriate to govern the proposed regulated profession, and (b) a preliminary budget for the proposed profession, including the preliminary budget for management of the proposed college and the performance of the proposed college’s responsibilities under this Act. (2.2) If a group of persons referred to in subsection (1) applies for a proposed profession to be regulated by an existing college, the application must provide (a) a written statement of support from the existing college for the application, and (b) confirmation that members of the proposed profession will be regulated members of the college with the same rights and duties as the existing regulated members of the college. (3) Repealed 2019 c22 s6. (4) On receipt of an application under subsection (1), the Minister may do one or more of the following: (a) evaluate the risk to the physical and psychological health and safety of the public from incompetent, unethical or impaired practice of the profession; (b) ascertain what constitutes the practice of the profession, whether persons practising the profession should be authorized to provide restricted activities and the conditions, if any, that should apply to the practice of the profession or the provision of restricted activities; (c) evaluate and make recommendations on the services normally provided by a person practising the profession, including the complexity of the services and how they are carried out; (d) consider whether the services normally provided by persons practising the profession are regulated by an enactment; (e) consider whether the profession is a distinct and identifiable profession; (f) consider whether the proposed protected title is appropriately descriptive and whether it is likely to cause public confusion; (g) consider the potential costs and benefits of regulating the profession, including the expected effect on practitioner availability and on education and training programs, the expected effect on enhancement of quality of service and the expected effect on prices, access and service efficiency; (h) ascertain the qualifications and minimum standards of competence that are required for a person applying to practise the profession and how the continuing competence of practitioners is to be maintained, ascertain what education programs are available and evaluate the available education programs; (i) ascertain the ability of the proposed college of the profession to carry out its powers and duties under this Act or consider whether they could be carried out by an existing college; (j) evaluate the effect, if any, that there would be on any agreements on trade and mobility to which Canada or Alberta is a signatory if the profession would become a regulated profession; (k) consider any other matter. RSA 2000 cH‑7 s25;2006 c19 s2(4);2019 c22 s6;2020 c35 s78 Amalgamation of existing colleges 25.1 (1) Where 2 or more colleges propose to amalgamate, an application must be made to the Minister. (2) An application for the amalgamation of colleges must contain the following: (a) written confirmation of each college that the amalgamation is approved by its council; (b) a rationale for the amalgamation; (c) evidence of the nature and extent of consultation with regulated members of the affected colleges; (d) a proposed name for the amalgamated college; (e) proposed content for a schedule or revised schedule to this Act; (f) proposals for addressing transitions, including, without limitation, transitions of (i) the composition of the council, registration committee and competence committee of the amalgamated college, (ii) college officials as set out in section 21, (iii) regulated members of the amalgamated college, and (iv) ongoing applications, investigations and disciplinary hearings. 2020 c35 s79 26 Repealed 2019 c22 s6. 27 Repealed 2020 c35 s80. Part 2 Registration Applying for Registration Application for registration 28 (1) An application for registration as a regulated member is complete for the purpose of consideration under section 29(3) if it is in the required form and given to the registrar by the applicant along with (a) evidence of meeting the requirements for competence in the practice of the profession as required by subsection (2), (b) the application fee provided for in the bylaws, (c) proof of (i) having professional liability insurance of the type and amount set out in the bylaws, or (ii) membership in an organization set out in the bylaws, (d) evidence of being a Canadian citizen or a person lawfully permitted to work in Canada, if required by the bylaws, (e) evidence of having good character and reputation, (f) evidence of English language proficiency, as set out in the bylaws, (g) information required by the registrar under section 33(4)(b), (h) a criminal record check, (i) evidence of whether the applicant is currently an investigated person under this Act or the equivalent of an investigated person in another jurisdiction or has previously been disciplined by another regulatory body responsible for the regulation of the profession or of another profession, (j) any information required by the registrar respecting whether any conduct of the applicant has previously constituted unprofessional conduct, (k) evidence of whether the applicant has ever had conditions imposed on the applicant’s practice permit or equivalent, (l) evidence as to whether there has ever been a judgment in a civil action against the applicant with respect to the applicant’s practice, and (m) on the request of the registrar, evidence respecting the applicant’s fitness to practise. (2) An applicant may provide evidence of competence in the practice of the profession (a) by fulfilling one or more of the following as required by the regulations: (i) education requirements, that may include being enrolled in a program of studies, (ii) experience requirements, (iii) successful completion of examinations, or (iv) holding certificates or diplomas, (b) by being registered with a profession in another jurisdiction recognized by the bylaws as having substantially equivalent competence and practice requirements and meeting the requirements for persons to be registered with that profession in that jurisdiction, or (c) by having as determined in accordance with the regulations, a combination of education, experience, practice or other qualifications, that demonstrates the competence required for registration as a regulated member. (3) If there are reasonable and probable grounds to be of the opinion that an applicant by engaging in the regulated profession as a regulated member would create a danger to the public or be unsafe because of a disability or incapacity, the registrar, the registration committee or competence committee may require an applicant for registration to undergo physical or mental examinations by a person agreed on by the applicant and the registrar, registration committee or competence committee or, failing an agreement, designated by the registrar, registration committee or competence committee for the purpose of assisting the registrar, registration committee or competence committee in determining whether the applicant by engaging in the regulated profession as a regulated member would create a danger to the public or be unsafe. RSA 2000 cH‑7 s28;2007 c32 s1(7);2018 c15 s5;2020 c35 s81 Receipt of application 29 (1) The registrar must, as soon as reasonably possible, on receipt of an application for registration as a regulated member, give notice to the applicant that the application has been received, whether it is complete and if it is not complete, why it is not complete. (2) When an incomplete application is made complete by the applicant the registrar must, as soon as reasonably possible, give notice to the applicant that a complete application is received. (3) On receipt of a complete application by the registrar, the registrar, registration committee or competence committee, as provided for in the bylaws, must consider the application, and make a decision under section 30 and notify the applicant of the decision as soon as reasonably possible. (4) An application for registration as an other member under section 33(1)(b) must be considered by the college in accordance with the bylaws. 1999 cH‑5.5 s29 Registrar consideration of applicant character, reputation 29.1 (1) The registrar may request any or all of the following as evidence of the applicant’s good character and reputation: (a) written references from professional colleagues who have knowledge of the applicant’s character and reputation; (b) a written statement by the applicant as to whether any previous application by the applicant for registration as a professional in another jurisdiction had been rejected; (c) a written statement by the applicant as to whether the applicant has ever been convicted, without having been pardoned, of a criminal offence in Canada or an equivalent offence in another jurisdiction; (d) a written statement by the applicant as to whether the applicant had been granted privileges in respect of a hospital or other facility, and if privileges had been granted, whether the privileges are currently or have previously been voluntarily or involuntarily limited, suspended or revoked; (e) any other relevant evidence as the registrar determines is necessary. (2) When considering an applicant’s character and reputation, the registrar may (a) contact any regulatory body responsible for the regulation of a profession or another jurisdiction to confirm the veracity and particulars of the information and documentation submitted by the applicant under this section, and (b) consider information in addition to the information and documentation submitted under this section, if the registrar has given the applicant sufficient particulars of the information and sufficient time for the applicant to respond to the particulars of the information. (3) If an applicant has engaged in an activity that has, in the opinion of the registrar, undermined the applicant’s character and reputation, the registrar must provide the applicant with particulars of the information respecting that activity and with an opportunity to provide evidence of the applicant’s rehabilitation. 2020 c35 s82 Decision on application 30 (1) On considering a complete application for registration as a regulated member, the registrar, the registration committee or the competence committee, as provided for in the bylaws, must (a) approve the application, (b) defer registration if in the opinion of the registrar, registration committee or competence committee it is in the best interest of the public to defer the registration of the applicant until the applicant complies with conditions imposed by the registrar, registration committee or competence committee, or (c) refuse the application for registration. (2) The registrar, registration committee or competence committee may impose conditions on an approval under subsection (1)(a) that in the opinion of the registrar, registration committee or competence committee are in the best interest of the public. (3) On making a decision under subsection (1), the registrar, registration committee or competence committee must (a) give notice of the decision to the applicant, (b) in the case of the registration committee or competence committee, give notice of the decision to the registrar, and (c) in the case of a decision to impose conditions on an approval, to defer a registration or to refuse an application, give reasons for the decision and notify the applicant as to how the applicant may request a review of the decision under section 31. (4) An applicant may, on request, review the documents used by and created by the registrar, registration committee or competence committee when considering the applicant’s application. (5) If the applicant is not notified of the decision under this section by the date that is 120 days after notice was given under section 29 that the application for registration is complete, the applicant may request a review under section 31. 1999 cH‑5.5 s30;2000 c15 s4(7) Review application 31 (1) An applicant whose application for registration is accepted subject to conditions or whose registration is deferred or whose application is refused by the registrar, registration committee or competence committee may, within 30 days after being given a copy of the decision, request a review by the council in accordance with subsection (3). (2) An applicant who is not notified of a decision by the date described in section 30(5) may, within 30 days from that date, request a review by the council in accordance with subsection (3). (3) A request for a review must (a) be in writing, (b) set out the reasons why the application for registration should be approved with or without conditions, and (c) be given to the registrar, who must give a copy of the request to the council. (4) On being given a request for a review, the registrar must, within 30 days, notify the applicant of the date, time and place at which the council will conduct the review. (5) A review must be commenced not later than 60 days after the registrar is given the request for a review. (6) The college may, in accordance with the bylaws, charge a fee for a review. 1999 cH‑5.5 s31 Review of registration decision 32 (1) An applicant and the registrar, the registration committee or competence committee may appear with or without counsel and make representations to the council at a review. (2) On reviewing a decision pursuant to a request for a review under section 31, the council may (a) confirm, reverse or vary the decision of the registrar, registration committee or competence committee and make any decision that the registrar, registration committee or competence committee could have made, (b) refer the matter back to the registrar, registration committee or competence committee and direct the registrar, registration committee or competence committee to make a further assessment of the application and make a decision under section 30 on the application, and (c) make any further order the council considers necessary for the purposes of carrying out its decision. (3) The council must conduct the review as soon as reasonably possible and on making a decision must give the applicant and the registrar a copy of its decision with the reasons for the decision. 1999 cH‑5.5 s32 Registration Registers of members 33 (1) A council (a) must establish, in accordance with the regulations, a regulated members register for one or more categories of members who provide professional services of the regulated profession, and (b) may, in accordance with the bylaws, establish other members registers for one or more categories of non‑regulated members. (2) The name of a regulated member who is suspended remains in the register. (3) The registrar must enter the following information for each regulated member in the appropriate category of register established under subsection (1)(a): (a) the full name of the member; (b) the member’s unique registration number; (b.1) whether the member’s registration is restricted to a period of time and, if so, the period of time; (c) any conditions imposed on the member’s practice permit; (d) the status of the member’s practice permit, including whether it is suspended or cancelled; (e) the member’s practice specialization recognized by the college; (f) whether the member is authorized to provide a restricted activity not normally provided by regulated members of the college; (g) whether the member is not authorized to provide a restricted activity that is normally provided by regulated members of the college; (h) information described in section 119(1). (4) The registrar (a) may, in accordance with the bylaws, (i) enter in a register described in subsection (1)(a) information in addition to that required by subsection (3), and (ii) remove information from a register, and (b) must require regulated members and applicants for registration as regulated members to provide, in accordance with the bylaws and the regulations under section 134, information respecting (i) the demographic status of the regulated member or applicant, including, without limitation, addresses, email addresses and other contact information, (ii) education, training and experience of the regulated member or applicant, including, without limitation, degrees, diplomas, certificates and professional examinations, and (iii) the regulated member’s practice of the regulated profession, including, without limitation, practice locations, areas of practice, specializations, names of supervisors or supervisees and other professional registrations within Alberta or in other jurisdictions. (4.1) The registrar must require regulated members and applicants for registration to provide all changes to the information required under subsection (4)(b) whenever that information changes. (5) The registrar may, if authorized by the bylaws, enter in a register and remove from the register information about members registered under subsection (1)(b). RSA 2000 cH‑7 s33;2001 c21 s3;2003 c39 s2;2020 c35 s83 Register information 34 (1) If a member of the public, during regular business hours, requests information on the register respecting a named regulated member, the college must provide the information described in section 33(3) with respect to that member. (2) A college may, in accordance with the regulations, disclose information about its members in addition to the information referred to in subsection (1). RSA 2000 cH‑7 s34;2006 c19 s2(5) Register error 35 (1) The council, hearing tribunal, registration committee, complaint review committee or competence committee may direct the registrar to correct or remove, and the registrar may correct or remove, any entry made in error in a register. (2) A regulated member may request the registrar to correct or remove any information in the register that is inaccurate or incomplete if the regulated member provides the registrar with the information that is necessary to enable the registrar to correct the incomplete or inaccurate information. RSA 2000 cH‑7 s35;2008 c34 s5;2018 c15 s6 Registration of regulated members 36 (1) If an application for registration as a regulated member has been approved and all the applicable fees provided for in the bylaws have been paid, the registrar must assign that member a unique registration number and enter the information required by section 33(3) in the appropriate register. (2) On entering the name of a person in the register of regulated members, the registrar must issue the person a practice permit. (3) A practice permit must include (a) the name of the regulated member; (b) the regulated member’s unique registration number; (c) the name of the college that is issuing the practice permit; (d) a statement that the practice permit is issued pursuant to the Health Professions Act ; (e) any conditions imposed on the regulated member’s practice permit; (f) the category of registration if the college has more than one category of regulated member; (g) the expiry date of the practice permit. (4) If a college issues a registration document in addition to a practice permit, the college must clearly state on the registration document that it is not a practice permit. (5) A regulated member must (a) display the regulated member’s practice permit where the regulated member provides professional services, or (b) on request, make the regulated member’s practice permit available for inspection. RSA 2000 cH‑7 s36;2007 c32 s1(8) Corporations not members 37 A corporation, professional corporation or physical therapy corporation may not be registered as a regulated member nor as an other member. 1999 cH‑5.5 s37 Practice Permit Renewal Application date for practice permit 38 (1) A regulated member must submit a complete application for a practice permit to the registrar periodically by the date provided for in the bylaws. (2) On receipt of an application for a practice permit, the registrar, registration committee or competence committee, as provided for in the bylaws, must, as soon as possible, consider the application and make a decision under section 40(2) and notify the applicant of the decision. (3) A regulated member’s practice permit continues in force if an application for a practice permit has been received by the registrar but a decision on the application has not been made. 1999 cH‑5.5 s38 Suspension if application is not made 39 If a regulated member’s application for renewal of a practice permit is not received by the registrar by the date provided for in the bylaws, the member’s practice permit is suspended and the registrar may cancel the member’s practice permit in accordance with section 43. RSA 2000 cH‑7 s39;2001 c21 s4 Applying for practice permit 40 (1) An application for a practice permit is complete for consideration under subsection (2) if it is in the form required and given to the registrar by a regulated member (a) whose registration is not suspended or cancelled, (b) who (i) meets the requirements for continuing competence of applicants for a practice permit provided for in the standards of practice, or (ii) is enrolled as a student in a program of studies provided for in the regulations or in a substantially equivalent program, (c) who provides evidence of having the amount and type of professional liability insurance required by the bylaws, (d) who provides the information required by the registrar under section 33(3) and (4)(b), (d.1) who, on the request of the registrar, provides current evidence of the registered member’s character and reputation, (d.2) who, on the request of the registrar, provides current evidence of the member’s fitness to practise, and (e) who has paid the practice permit fee provided for in the bylaws and provided any information requested under section 122. (2) The registrar, registration committee or competence committee, as provided for in the bylaws, must consider an application for a practice permit and decide whether (a) to approve the application if the regulated member meets the requirements set out in subsection (1) and issue the member a practice permit, (b) to issue a practice permit subject to conditions imposed under this Part, Parts 3, 3.1 or 4 or a direction under section 118, (c) to suspend the practice permit of the regulated member until the member has successfully completed the continuing competence requirements set out in the regulations or is enrolled in a program of studies provided for in the regulations or in a substantially equivalent program, or (d) to refuse the application for a practice permit, and must give the regulated member and, in the case of the registration committee or competence committee, give the registrar a copy of the decision, and the registrar may, or the registration committee or competence committee may direct the registrar to issue the practice permit or suspend the practice permit in accordance with the decision, and notify the regulated member of the decision and how to request a review under section 41. (3) If the registrar, registration committee or competence committee suspends or refuses a practice permit or imposes conditions on a practice permit, the registrar, registration committee or competence committee must include reasons in the decision under subsection (2). RSA 2000 cH‑7 s40;2001 c21 s5;2007 c32 s1(9); 2008 c34 s6;2020 c35 s84 Conditions on a practice permit 40.1 (1) Where the registrar, complaints director, registration committee or competence committee imposes conditions on a regulated member’s practice permit, the conditions that may be imposed include, but are not limited to, conditions that (a) the regulated member practise under supervision, (b) the regulated member’s practice be limited to specified professional services or to specified areas of the practice, (c) the regulated member refrain from performing specified restricted activities, (d) the regulated member refrain from engaging in sole practice, (e) the regulated member submit to additional practice visits or other assessments, (f) the member report to the registrar on specified matters on specified dates, (g) the practice permit is valid only for a specified purpose and time, (h) the member be prohibited from supervising students, other members or other health professionals, and (i) the member complete the continuing competence requirements within a specified time. (2) If the registrar, complaints director, registration committee or competence committee imposes conditions on a practice permit, the registrar, complaints director, registration committee or competence committee must provide reasons for that decision. 2020 c35 s85 Review by council 41 (1) An applicant whose practice permit is issued subject to conditions, suspended or refused by the registrar, registration committee or competence committee may, within 30 days after being given a copy of the decision, request a review by giving the registrar a written request for a review that sets out the reasons why the application should be approved with or without conditions. (2) On being given a request for a review, the registrar must, within 30 days, notify the applicant of the date, time and place at which the council will conduct the review. (3) A review must be commenced not later than 60 days after the registrar is given the request for a review. (4) A regulated member whose practice permit is suspended under this section may apply to the registrar for a stay of the suspension until the council makes a decision under subsection (6), and the person or committee designated by the council must consider and make a decision on the application. (5) The applicant and the registrar, registration committee or competence committee may appear with or without counsel and make representations to the council at the review. (6) On completing a review, the council may (a) confirm, reverse or vary the decision of the registrar, registration committee or competence committee and make any decision that the registrar, registration committee or competence committee could have made, or (b) refer the matter back to the registrar, registration committee or competence committee and direct the registrar, registration committee or competence committee to make a further assessment of the application for a practice permit and make a decision under section 40(2) on the application, and may make any further order the council considers necessary for the purposes of carrying out its decision. (7) The council must give the applicant and the registrar a written copy of its decision under subsection (6) with the reasons for the decision. (8) The college may, in accordance with the bylaws, charge a fee for a review. 1999 cH‑5.5 s41 Suspension, Cancellation and Reinstatement 42 Repealed 2001 c21 s6. Cancellation of practice permit 43 (1) If a regulated member does not apply for a practice permit under section 38(1), is in default of payment of the practice permit fee or fails to pay a penalty, costs or any other fees, levies or assessments due under this Act or the bylaws, the registrar, after 30 days or a greater number of days, as set out in the notice, after giving notice to the regulated member, may cancel the regulated member’s practice permit and registration. (2) The notice under subsection (1) must state that the registrar may cancel the practice permit and the registration of the regulated member unless a complete application for a practice permit is received, the practice permit fee is paid, and any other penalties, costs, fees, levies or assessments are paid, as indicated in the notice. (3) If a practice permit and registration are cancelled under subsection (2) only because the practice permit fee or a penalty, cost, fee, levy or assessment is not paid, the registrar may, on its payment, issue or reissue the practice permit and reinstate the registration . (4) If the registrar is satisfied that a regulated member does not comply with conditions imposed under section 40(2) within the time specified, the registrar may cancel the regulated member’s practice permit and registration or may refer the matter to the registration committee or competence committee as provided for in the bylaws and the registration committee or competence committee, on being satisfied that the conditions are not complied with, may direct the registrar to cancel the member’s practice permit and registration. (5) The registrar may cancel the registration or practice permit of a regulated member and cancel the registration of an other member on the member’s request. (6) The registrar may cancel the registration and practice permit of a regulated member on receipt of proof satisfactory to the registrar that the member is deceased. RSA 2000 cH‑7 s43;2001 c21 s7;2007 c32 s1(10) Return of suspended or cancelled permit 44 If the practice permit of a regulated member is suspended or cancelled under this Part, suspended or cancelled under an order under Part 4 or suspended under Part 6, that regulated member must, on request, send the practice permit to the registrar. 1999 cH‑5.5 s44 Reinstatement 45 (1) A regulated member whose practice permit and registration are cancelled under this Act, except under Part 4, may apply for the practice permit to be reissued and the registration to be reinstated in accordance with the bylaws. (2) Subject to subsection (3) or (4), a person whose practice permit and registration are cancelled under Part 4 may apply for the practice permit to be reissued and the registration to be reinstated in accordance with section 45.1. (3) A person whose practice permit and registration are cancelled as a result of a decision of unprofessional conduct based in whole or in part (a) on sexual abuse, (a.1) on a conviction of the person under section 268 of the Criminal Code (Canada) in respect of wounding or maiming within the meaning of subsection 268(3) of the Criminal Code (Canada), or (b) on a conviction of the person under section 151, 152, 153, 153.1, 155, 162, 162.1, 163.1, 171.1, 172.1, 172.2, 173, 271, 272, 273, 286.1, 286.2 or 286.3 of the Criminal Code (Canada), may not apply for the practice permit to be reissued and the registration reinstated. (4) Subject to subsection (3), a person whose practice permit and registration are cancelled as a result of a decision of unprofessional conduct based in whole or in part on sexual misconduct may not apply for the practice permit to be reissued and the registration to be reinstated until at least 5 years have elapsed from the date that the decision of unprofessional conduct was made by the hearing tribunal. (5) A person whose practice permit and registration are cancelled under section 96.2(1)(a) or (2)(a) may not apply for the practice permit to be reissued and the registration to be reinstated. (6) If a person’s application under subsection (4) is refused, the person must wait a minimum of 6 months before making a subsequent application to have the person’s practice permit reissued and registration reinstated. RSA 2000 cH‑7 s45;2001 c21 s8;2018 c15 s7;2020 c35 s86; 2022 c9 s4 Reinstatement following cancellation of practice permit, registration under Part 4 45.1 (1) A person whose practice permit and registration have been cancelled under Part 4 of this Act may, subject to section 45(3), apply in writing to the registrar to have the practice permit reissued and registration reinstated. (2) An application under subsection (1) (a) subject to section 45(4), must not be made earlier than 3 years after the date of the cancellation, and (b) must not be made more frequently than once in each year after an application is refused under subsection (6)(a). (3) An application under subsection (1) must provide evidence of the applicant’s qualifications for registration. (4) An application under subsection (1) must be considered by the registrar, registration committee or competence committee in accordance with the process set out in sections 28 to 30. (5) When reviewing an application under subsection (1), the registrar, registration committee or competence committee must consider (a) the record of the hearing at which the applicant’s practice permit and registration were cancelled, and (b) whether the applicant (i) meets the current requirements for a practice permit and registration, (ii) has met any conditions imposed under Part 4 of the Act before the applicant’s practice permit and registration were cancelled, (iii) is fit to practise, and (iv) does not pose a risk to public safety or to the integrity of the profession. (6) The registrar, registration committee or competence committee may, on completing the review of the application in accordance with subsections (4) and (5), issue a written decision containing one or more of the following orders: (a) an order refusing the application; (b) an order approving the application; (c) an order to defer the reissuance of the practice permit and reinstatement of the registration until the applicant has complied with conditions imposed by the registrar, registration committee or competence committee; (d) an order directing the applicant to pay any or all of the college’s expenses incurred in respect of the application, as provided for in the bylaws; (e) any other order that the registrar, registration committee or competence committee considers necessary for the protection of the public. (7) An applicant whose application is refused or whose application for reissuance and reinstatement is deferred under subsection (6)(c) may, within 30 days of receipt of the decision, request a review of the decision by the council. (8) Sections 31 and 32 apply to a review requested under subsection (7). (9) The registrar, registration committee and competence committee referred to in subsection (4) and the council referred to in subsection (7) may order that its decision be published in a manner it considers appropriate. (10) The college must publish or otherwise make available a decision under subsection (6) or (8) for a period of at least 2 years from the date of the decision. 2020 c35 s87 Registration Required Mandatory registration 46 (1) A person must apply for registration if the person (a) meets the requirements of section 28(2) for registration as a regulated member, and (b) intends to provide one or more of the following: (i) professional services directly to the public; (ii) the manufacture of dental appliances or conducting of laboratory tests that are used by other regulated members to provide professional services directly to the public; (iii) food and nutrition professional services that are used by other regulated members and individuals to provide services directly to the public; (iv) the teaching of the practice of a regulated profession to regulated members or students of the regulated profession; (v) the supervision of regulated members who provide professional services to the public. (2) If a registrar is of the opinion that a person who is not a regulated member meets or may meet the requirements of subsection (1)(a) with respect to the college and provides any services described in subsection (1)(b), the registrar may give that person a written request to apply for registration. (3) A person who receives a request under subsection (2) must give a complete application for registration, except for the application fee, to the registrar within 30 days after receiving the request, however, the application fee must be paid prior to registration. (4) This section does not apply to a person who is (a) a regulated member of another college, (b) a student of a regulated profession, (c) authorized to provide services referred to in subsection (1) pursuant to another enactment, or (d) qualified to be registered as an emergency medical responder and (i) who is not primarily employed to provide health services but while employed, or (ii) who provides volunteer services other than services as an ambulance attendant and, while providing those services, provides health services to another person. RSA 2000 cH‑7 s46;2006 c19 s2(22);2007 c32 s1(11) Prohibition 47 (1) No person shall knowingly employ a person who meets the requirements of section 46(1)(a) to provide services described in section 46(1)(b) unless that employed person is (a) a regulated member, or (b) authorized to provide the services pursuant to another enactment. (2) A person who meets the requirements of section 46(1)(a) and who is to be employed to provide services described in section 46(1)(b) must, (a) before being so employed, provide the employer with evidence of (i) a practice permit in good standing, or (ii) an authorization to provide the services pursuant to another enactment, and (b) while so employed, notify the employer (i) if the conditions imposed on the practice permit are varied or cancelled, if additional conditions are imposed on the practice permit or if the practice permit is suspended or cancelled, or (ii) if there are any changes to the authorization to provide the services pursuant to another enactment or if the authorization is suspended or cancelled or expires. RSA 2000 cH‑7 s47;2007 c32 s1(12) Offence 48 (1) A person who meets the requirements of section 46(1) but does not comply with a request under section 46(2) is guilty of an offence. (1.1) A person who knowingly employs a person in contravention of section 47(1) is guilty of an offence. (2) A person who is guilty of an offence under subsection (1) is liable (a) for a first offence, to a fine of not more than $2000, (b) for a 2nd offence, to a fine of not more than $4000, and (c) for a 3rd and every subsequent offence, to a fine of not more than $6000 or to imprisonment for a term of not more than 6 months or to both fine and imprisonment. (2.1) A person who is guilty of an offence under subsection (1.1) is liable (a) for a first offence, to a fine of not more than $4000, (b) for a 2nd offence, to a fine of not more than $8000, and (c) for a 3rd and every subsequent offence, to a fine of not more than $12 000 or to imprisonment for a term of not more than 12 months or to both a fine and imprisonment. (3) A prosecution under this section may be commenced within 2 years after the commission of the alleged offence, but not afterwards. RSA 2000 cH‑7 s48;2007 c32 s1(13) Injunction 49 The Court of King’s Bench, on application by a college, may grant an injunction enjoining any person who on reasonable and probable grounds appears to meet the requirements of section 46(1)(a) from providing services described in section 46(1)(b) if (a) the person is not a regulated member and is not authorized to provide the services pursuant to another enactment, or (b) the person fails to comply with section 46(3) on receiving a written request under section 46(2). RSA 2000 cH‑7 s49;2007 c32 s1(14);2009 c53 s79; AR 217/2022 Part 3 Continuing Competence and Practice Visits Continuing Competence Program Continuing competence program 50 (1) A council that exists immediately before the coming into force of this subsection must establish a continuing competence program within its standards of practice within 18 months after the coming into force of this subsection. (1.1) A council that is established after the coming into force of this subsection must establish a continuing competence program within its standards of practice within 18 months from the date that the schedule to this Act with respect to the profession comes into force. (1.2) Section 133 applies in respect of the adoption of standards of practice under this section as if the standards of practice were adopted under section 133. (2) A continuing competence program (a) must provide for regulated members or categories of regulated members to maintain competence and to enhance the provision of professional services by participating in a program for self-directed professional development, and (b) may provide for practice visits, examinations, interviews or other competence assessments of the regulated members or categories of regulated members. (3) If a continuing competence program includes a requirement for regulated members to complete specified education or training, the education or training must relate only to maintaining professional competence or ethical standards for the practice of the regulated profession. RSA 2000 cH‑7 s50;2001 c21 s9;2006 c19 s2(6); 2008 c34 s7;2020 c35 s88;2025 c21 s9 Exemption from specified education or training 50.1 (1) If, at the time of the coming into force of this section, a continuing competence program includes a requirement for regulated members to complete specified education or training, a council must, within 18 months after the coming into force of this section, establish a process for regulated members to apply for an exemption from the specified education or training. (2) Before a council establishes a requirement for regulated members to complete specified education or training as part of a continuing competence program, the council must establish a process for regulated members to apply for an exemption from the specified education or training. (3) An exemption may be issued, in accordance with the process established under subsection (1) or (2), on terms and conditions that are appropriate and consistent with the objectives of the specified education or training and may include a requirement for alternative specified education and training. 2025 c21 s9 Practice Visits Practice visit 51 (1) In this section, “publicly funded facility” means an institution or facility where professional services are provided and that (a) is an approved hospital as defined in the Provincial Health Agencies Act , a continuing care home as defined in the Continuing Care Act , a correctional institution as defined in the Corrections Act , a facility as defined in the Mental Health Act , a diagnostic or treatment centre made available under section 49(b) of the Mental Health Act , a facility as defined in section 1(1)(f.1)(ii) and (iii) of the Protection for Persons in Care Act or an institution or facility operated by or approved by the Minister, or (b) is operated by or receives its current operating funds or part of them directly or indirectly from the Government of Alberta and is (i) a place of care for persons who are aged or infirm or who require special care, (ii) a hostel or other establishment operated to provide accommodation and maintenance for not fewer than 4 unemployed or indigent persons, (iii) an emergency shelter, (iv) a residential alcohol and drug abuse treatment centre, (v) a group home or shelter for physically or mentally handicapped persons, or (vi) a vocational rehabilitation and training centre for physically or mentally handicapped persons.
Part document.segment-3
Health Professions Act — segment 3
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Health Professions Act — segment 3
This provision lets the competence committee and inspectors examine regulated members’ practice, but limits entry into private dwellings and publicly funded facilities. It also sets complaint-handling, confidentiality, referral, and reporting rules, including notice duties and fines for breaches.
(2) If authorized by standards of practice to carry out assessments of a regulated member’s competence as part of a continuing competence program, the competence committee may direct that a regulated member participate in an assessment of a regulated member’s competence, and the regulated member must co‑operate with the competence committee and any person appointed under section 11. (3) For the purposes of conducting a practice visit, any or all of the members of the competence committee and a person appointed under section 11 may, in order to ensure that continuing competence requirements are met, (a) subject to subsection (4), at any reasonable time and on having given notice, enter and inspect any place where the regulated member provides professional services; (b) interview a regulated member about the member’s professional services; (c) observe the regulated member providing professional services if the person who is receiving the professional services consents; (d) interview or survey patients, clients and co‑workers or the regulated member about the regulated member’s professional services; (e) review documents, including patient records, and examine substances and things that (i) are owned by or under the control of the regulated member, and (ii) are related to the provision of professional services by the regulated member; (f) assess the safety and condition of equipment and technology used by the regulated member in the provision of professional services. (4) No member of the competence committee and no person appointed under section 11 may enter (a) a private dwelling place or any part of a place that is designed to be used and is being used as a permanent or temporary private dwelling place except with the consent of the occupant of the dwelling place, or (b) a publicly funded facility except with the consent and agreement to the carrying out of one or more of the powers and duties under subsection (3) of the person who controls or operates the publicly funded facility. (5) Within 90 days after completing a practice visit the competence committee must (a) give a report to the regulated member setting out the findings of the visit; (b) decide and advise the regulated member and the registrar whether (i) the results from the practice visit were satisfactory, (ii) the regulated member must comply with directions imposed in accordance with the standards of practice, or (iii) in accordance with this Part, the information obtained from the practice visit has been referred to the complaints director. (6) Repealed 2001 c21 s10. RSA 2000 cH‑7 s51;2001 c21 s10;2002 c24 s12;2007 c32 s1(15); 2008 cH‑4.3 s19;2008 c34 s8;2013 c10 s17;2019 c15 s19; 2020 c35 s89;2022 cC‑26.7 s71;2022 c21 s38;2025 c10 s27 Referral to complaints director 51.1 (1) The competence committee, registration committee or registrar must make a referral to the complaints director if, on the basis of information obtained from a continuing competence program, the competence committee, registration committee or registrar is of the opinion that a regulated member has intentionally provided false or misleading information under this Part. (2) The competence committee must make a referral to the complaints director if, on the basis of information obtained from a continuing competence assessment , it is of the opinion that (a) the regulated member displays a lack of competence in the provision of professional services that has not been remedied by participating in the continuing competence program, (b) the regulated member may be incapacitated, or (c) the conduct of the regulated member constitutes unprofessional conduct that cannot be readily remedied by means of the continuing competence program. 2001 c21 s11;2020 c35 s90 Confidentiality 52 (1) Information related to participation in a continuing competence program under this Part is confidential, and any person who has access to or comes into possession of such information shall not publish, release or disclose the information in any manner except as is necessary to carry out powers and duties under this Part. (2) Despite subsection (1), information obtained under this Part may be (a) provided or published by the competence committee in summarized or statistical form if the information is provided or published in such a manner that it is not possible to relate the information to any particular identifiable person or facility, (b) used by the competence committee to give to the complaints director the name of a regulated member and the grounds for a referral under section 51.1, and (c) released or disclosed to the counsel of the regulated member in connection with proceedings under this Part, Part 2 or Part 4. (3) If any person publishes, releases or discloses information in contravention of this section, that information may not be used in proceedings under any other Part of this Act, in any arbitration, inquiry, action or matter, or in any proceedings before a court. RSA 2000 cH‑7 s52;2001 c21 s12 Offence 53 A person who knowingly publishes, releases or discloses information in contravention of section 52 is guilty of an offence and liable to a fine of not more than $10 000. 1999 cH‑5.5 s12 Part 3.1 Inspections Inspectors 53.1 A council may appoint inspectors for the purpose of determining whether regulated members are complying with this Act and the bylaws, standards of practice and code of ethics of the regulated profession. 2008 c34 s9 Inspection powers 53.2 (1) Subject to the regulations, an inspector (a) may, at any reasonable time, (i) require any person to answer any questions that are relevant to the inspection and direct the person to answer the questions under oath, and (ii) require any person to give to the inspector any document, substance or thing relevant to the inspection that the person possesses or that is under the control of the person, (b) may require any person to give up possession of any document described in clause (a) to allow the inspector to take it away to copy it, in which case the inspector must return it within a reasonable time of being given it, (c) may require any person to give up possession of any substance and thing described in clause (a) to allow the inspector to take it away to examine it and perform tests on it, in which case the inspector must return it, if appropriate and possible, within a reasonable time of being given it, and (d) subject to subsection (6), may at any reasonable time enter and inspect any place (i) where a regulated member provides professional services, (ii) related to the provision of professional services, or (iii) where documents associated with the provision of professional services are maintained. (2) An inspector may copy and keep copies of anything given to the inspector under subsection (1). (3) A person may comply with a request to give documents under subsection (1)(a)(ii) or an order to produce documents under section 53.3(1)(a)(i) by giving copies of the documents to the inspector. (4) If a person gives copies under subsection (3), the person must, on the request of the inspector, allow the inspector to compare the copies with the original documents at the person’s place of business during regular business hours. (5) An inspector who makes a comparison under subsection (4) may take away the original documents to perform tests on them and must return them within a reasonable time of taking them. (6) No inspector may enter (a) a private dwelling place or any part of a place that is designed to be used and is being used as a permanent or temporary private dwelling place except (i) with the consent of the occupant of the dwelling place, or (ii) pursuant to an order of the Court of King’s Bench; (b) a publicly funded facility as defined in section 51(1), except (i) with the consent and agreement of the person who controls or operates the publicly funded facility to the carrying out of one or more of the powers and duties under subsection (1), or (ii) pursuant to an order of the Court of King’s Bench. 2008 c34 s9;AR 217/2022 Application to Court 53.3 (1) The registrar, on the request of an inspector, may apply to the Court of King’s Bench for (a) an order directing any person (i) to produce to the inspector any documents, substances or things relevant to the inspection in the person’s possession or under the person’s control, (ii) to give up possession of any document described in subclause (i) to allow the inspector to take it away to copy it, in which case the inspector must return it within a reasonable time after receiving it, (iii) to give up possession of any substance or thing described in subclause (i) to allow the inspector to take it away, examine it and perform tests on it, in which case the inspector must return it, if possible, within a reasonable time of being given it, or (iv) to allow an inspector to enter any place for the purpose of conducting an inspection, (b) an order directing any person to attend before the inspector to answer any relevant questions the inspector may have relating to the inspection, or (c) an order authorizing an inspector to conduct an inspection in a private dwelling place or in a publicly funded facility as defined in section 51(1). (2) An application for an order under subsection (1) may be made without notice if the Court is satisfied that it is proper to make the order in the circumstances. 2008 c34 s9;AR 217/2022 Report of inspection to registrar 53.4 (1) Within 90 days after completing an inspection the inspector who conducted the inspection must give a report setting out the findings of the inspection to the regulated member and the registrar. (2) The registrar must make a referral to the complaints director if, on the basis of information contained in the inspection report, the registrar is of the opinion that (a) a regulated member has failed or refused to co-operate with an inspector conducting an inspection under this Part, (b) a regulated member has provided false or misleading information under this Part, (c) a regulated member has failed or refused to comply with a direction made by the registrar under subsection (3), (d) a regulated member may be incapacitated, or (e) a regulated member’s conduct constitutes other unprofessional conduct. (3) Despite subsection (2)(e), if the registrar is of the opinion that the conduct of the regulated member constitutes unprofessional conduct that was minor in nature, the registrar may direct the regulated member to take specified actions instead of making a referral under subsection (2)(e). (4) Information respecting a regulated member that is obtained under this Part may be provided to the complaints director if the registrar makes a referral to the complaints director in respect of that regulated member under this section. 2008 c34 s9 Inspection committee 53.5 (1) A council may establish an inspection committee to carry out the powers and duties of the registrar under this Part except those described in section 53.3. (2) An inspection committee must consist of one or more members appointed by the council. (3) If a council establishes an inspection committee under subsection (1), the powers and duties of the registrar under this Part, except those described in section 53.3, are vested in and may be exercised by the inspection committee, and any reference to the registrar in this Part, except in section 53.3, is deemed to be a reference to the inspection committee. 2008 c34 s9 Part 4 Professional Conduct Division 1 Complaint Process Making a complaint 54 (1) A person who makes a complaint to a complaints director regarding a regulated member or a former member must do so in writing and must sign the written complaint. (2) A complaint under subsection (1) is not affected by the person about whom the complaint is made ceasing to be a regulated member before the proceedings with respect to the complaint are completed. (3) Despite subsection (1), a complaint cannot be made about a former member if 2 years have elapsed since the person became a former member. (4) Despite subsection (1), a complaint about a former member who was a member under a former Act but has not been a regulated member under this Act may be made under this Part only if discipline proceedings under the former Act could be commenced if that Act were still in force. (5) If information, a notice or non‑compliance is treated as a complaint under section 56 and acted on under section 55, the information, notice or non‑compliance is deemed to be a complaint. RSA 2000 cH‑7 s54;2006 c19 s2(7);2017 c22 s24 Acting on a complaint 55 (1) Within 30 days after being given a complaint or treating information as a complaint, the complaints director must give notice to the complainant of the action taken with respect to it. (1.1) In addition to complying with subsection (1), the complaints director must, immediately after receiving a notice or complaint alleging the procurement or performance of female genital mutilation or treating information as a complaint alleging the procurement or performance of female genital mutilation, report the matter to a law enforcement agency. (1.2) If a regulated member is convicted of a criminal offence related to the procurement or performance of female genital mutilation, the complaints director must, immediately after being informed of the conviction, notify the registrar of the regulated member’s conviction. (1.3) The registrar must cancel a regulated member’s practice permit and registration immediately after receiving a notification under subsection (1.2) or section 127.1(4) of the regulated member’s conviction. (2) The complaints director (a) subject to subsections (2.1) and (2.2), may encourage the complainant and the investigated person to communicate with each other and resolve the complaint, (a.1) may, with the consent of the complainant and the investigated person, attempt to resolve the complaint, (b) subject to subsections (2.1) and (2.2), may make a referral to an alternative complaint resolution process under Division 2, (c) may request an expert to assess and provide a written report on the subject‑matter of the complaint, (d) may conduct, or appoint an investigator to conduct, an investigation, (e) if satisfied that the complaint is trivial or vexatious, may dismiss the complaint, (f) if satisfied that there is insufficient or no evidence of unprofessional conduct, may dismiss the complaint, and (g) may make a direction under section 118. (2.1) Subsection (2)(a) and (b) do not apply in respect of a complaint made alleging sexual abuse or sexual misconduct against an investigated person. (2.2) Subsection (2)(a), (a.1) and (b) do not apply in respect of a notice or complaint alleging the procurement or performance of female genital mutilation. (3) If the complaints director dismisses the complaint, the complaints director must, within 30 days, give notice to the complainant of the dismissal and the right to apply for a review by the complaint review committee under section 68. RSA 2000 cH‑7 s55;2001 c21 s13;2018 c15 s8;2022 c9 s5 Aware of unprofessional conduct 56 Despite not receiving a complaint under section 54, but subject to section 54(3) and (4), if the complaints director has reasonable grounds to believe that the conduct of a regulated member or former member constitutes unprofessional conduct, receives a referral under Part 3, Part 3.1, Schedule 7 or Schedule 21 , is given notice under section 57, is given information orally or is aware of non‑compliance with a direction under section 118, the complaints director may treat the information, notice or non‑compliance as a complaint and act on it under section 55. RSA 2000 cH‑7 s56;2001 c21 s14; 2006 c19 s2(8);2008 c34 s10 Termination by employer 57 (1) If, because of conduct that in the opinion of the employer is unprofessional conduct, the employment of a regulated member is terminated or suspended or the regulated member resigns, the employer must, as soon as reasonably possible, give notice of that conduct to the complaints director. (1.1) An employer who has reasonable grounds to believe that the conduct of a regulated member constitutes unprofessional conduct based on behaviour that, in the employer’s opinion, is sexual abuse or sexual misconduct must, as soon as possible, give notice of that conduct to the complaints director. (1.2) An employer who has reasonable grounds to believe that a regulated member has procured or performed female genital mutilation must, as soon as possible, give notice of that conduct to the complaints director. (2) On being given notice under subsection (1), (1.1) or (1.2), the complaints director must (a) treat the employer as a complainant, (b) despite not receiving a complaint under section 54, treat the notice as a complaint in accordance with section 56, and (c) notify the employer and the regulated member accordingly. (3) For the purposes of this section, “employment” includes being engaged to provide professional services on a full‑time or part‑time basis as a paid or unpaid employee, consultant, contractor or volunteer. RSA 2000 cH-7 s57;2018 c15 s9;2022 c9 s6 Offence 57.1 An employer who contravenes section 57 is guilty of an offence and liable (a) for a first offence, to a fine of not more than $4000, (b) for a 2nd offence, to a fine of not more than $8000, and (c) for a 3rd and every subsequent offence, to a fine of not more than $12 000. 2007 c32 s1(16) Notice of report to law enforcement agency 57.2 If a notice or complaint alleging the procurement or provision of female genital mutilation is reported to a law enforcement agency under this Part, the complaints director must immediately notify the complainant and the investigated person of the report. 2022 c9 s7 Division 2 Alternative Complaint Resolution Process 58 (1) The complaints director may, with the agreement of the complainant and the investigated person, refer the complainant and the investigated person to an alternative complaint resolution process at any time before the commencement of a hearing by the hearing tribunal. (2) If the complaints director makes a referral under subsection (1), a member of the college must participate in or conduct the alternative complaint resolution process. (3) The person who conducts an alternative complaint resolution process must be impartial and must act impartially. (3.1) When a complainant and an investigated person have agreed to enter into an alternative complaint resolution process, the complaints director must appoint a person in accordance with subsections (2) and (3) to conduct the alternative complaint resolution process. (3.2) The person conducting the alternative complaint resolution process must, in accordance with Division 2 of Part 4 and in consultation with the complainant and the investigated person, establish the procedures for and objectives of the alternative complaint resolution process, which must be set out in writing and signed by the complainant, the investigated person and a representative of the college. (3.3) The complainant and the investigated person must, subject to sections 59 and 60, agree to treat all information shared during the process as confidential. (3.4) The complainant or the investigated person may withdraw from the alternative complaint resolution process at any time. (4) If a report has been prepared under section 55(2)(c) with respect to the complaint, the complaints director must submit a copy of the report to the person conducting the alternative complaint resolution process. (5) If a report has not been prepared by an expert, the person conducting the alternative complaint resolution process may request an expert to assess and submit a written report on the subject‑matter of the complaint or matters arising during the alternative complaint resolution process. (6) A person who conducts an alternative complaint resolution process may assist in settling a complaint, but if in the opinion of that person a settlement is not likely to be agreed to, the person must notify the complaints director. (6.1) If during the alternative complaint resolution process, information is introduced that causes the person conducting the alternative complaint resolution process to believe that the matter is substantially different from the original complaint and the information relates to the procurement or performance of female genital mutilation, (a) the person conducting the alternative complaint resolution process must immediately notify the complaints director, and (b) the complaints director must, immediately after receiving a notification under clause (a), report the matter to a law enforcement agency. (7) Subject to subsection (6.1), if during the alternative complaint resolution process information is introduced that causes the person conducting the alternative complaint resolution process to believe that the matter is substantially different from the original complaint, including where the information relates to the procurement or performance of female genital mutilation or relates to sexual abuse or sexual misconduct, the person must notify the complaints director and the complaints director must decide whether the alternative complaint resolution process may continue or whether the matter must be processed under subsection (8). (8) On being notified under subsection (6) or section 60(7)(b) or on deciding under subsection (7) to process a matter under this subsection, the complaints director must (a) if an investigation has not been commenced, commence an investigation under Division 3, (b) if an investigation has been commenced but no report of the investigation has been made, refer the complaint back to the investigator, if available, or appoint another investigator to complete the investigation regarding the complaint and make a report, (c) dismiss the complaint, (c.1) if the information referred to in subsection (7) relates to female genital mutilation, report the matter to a law enforcement agency, or (d) in all other cases, refer the matter to the hearings director for a hearing. RSA 2000 cH‑7 s58;2007 c32 s1(17);2018 c15 s10;2020 c35 s91; 2022 c9 s8 Evidence 59 (1) Subject to subsection (2), a person who conducts an alternative complaint resolution process must (a) if there is a proposed settlement, give all the records relating to the process, including the proposed settlement, to the complaint review committee, and (b) if there is no proposed settlement, give all the records relating to the process to the complaints director. (1.1) A complaint review committee, on receipt of records and a proposed settlement under subsection (1), may review them in accordance with section 60(1.1), and on making its decision under section 60(2) must give the complaints director all the records it received, including the proposed settlement and the ratified settlement, if it ratifies a settlement. (1.2) Subject to subsection (2), a college has custody and control of all the records given to the complaint review committee or the complaints director under this section and must keep those records, except for the ratified settlement, separate from any other records held by the college. (1.3) A college may disclose information from records and proposed settlement described in subsection (1.2) only if the disclosure is authorized or required by this Act. (2) Any document prepared or generated for the purposes of an alternative complaint resolution process belongs to the person who prepared or generated the document. (3) Except for information described in section 58(7) or that is part of a ratified settlement or a report prepared pursuant to a request under section 58(5), any communication and evidence arising from anything said, evidence of anything said or evidence of an admission or communication made in the course of an alternative complaint resolution process is confidential and not admissible in any proceedings under this or any other Act or in any action, matter or proceeding before a court (a) without the written consent of the investigated person and the complainant, and (b) in the case of written evidence, without the written consent of the person who prepared the written evidence, the investigated person and the complainant. RSA 2000 cH‑7 s59;2007 c32 s1(18) Settlement 60 (1) If the complainant and the investigated person agree, in writing, to a proposed settlement of a complaint in an alternative complaint resolution process, the person conducting the alternative complaint resolution process must report the settlement to the complaint review committee. (1.1) As part of the review of a proposed settlement reported to the complaint review committee under subsection (1), the complaint review committee may (a) review the records and proposed settlement it received pursuant to section 59(1)(a), and (b) require any of the following to appear before it to answer questions regarding the proposed settlement: (i) the complainant; (ii) the investigated person; (iii) the member of the college who participated in or conducted the alternative complaint resolution process. (2) The complaint review committee may, on reviewing a proposed settlement of a complaint referred to it under subsection (1), (a) ratify the settlement, (b) with the consent of the complainant and the investigated person, amend the settlement and then ratify the settlement, or (c) refuse to ratify the settlement. (3) The complaint review committee must notify the complaints director of its actions under subsection (2). (4) On being aware that a ratified settlement is not complied with, the complaints director may (a) treat it as information and act on it under section 55, or (b) treat it as a complaint and refer it to the hearings director for a hearing. (5) If the complaints director makes a referral under subsection (4)(b), the information is deemed to be a complaint and the complaints director must notify the complainant and the investigated person. (6) The college must retain a copy of the ratified settlement and must release information related to the complaint, investigated person and ratified settlement as required by this Act and (a) may publish, in accordance with the bylaws, information respecting a complaint and a ratified settlement, and (b) may reveal the identity of the investigated person or the complainant, or both, if it is authorized to do so by the ratified settlement. (7) Subject to subsections (4) and (6), if a ratified settlement (a) relates to all the matters complained of or that arose during the alternative complaint resolution process, no further proceedings under this Part may be taken with respect to those matters, or (b) relates to only part of the matters complained of or that arose during the alternative complaint resolution process, the person who conducted the alternative complaint resolution process must notify the complaints director of the matters that do not form part of the ratified settlement and the complaints director must act on it under section 58(8). RSA 2000 cH‑7 s60;2001 c21 s15;2007 c32 s1(19) Division 3 Investigations Notice of investigation 61 (1) If an investigation is to be conducted under this Part, the complaints director (a) must give the complainant the name of the investigator, (b) must, unless it would significantly harm the investigation, give the investigated person the name of the investigator and reasonable particulars of the complaint to be investigated, and (c) must notify the complainant and the investigated person with the status of the investigation every 60 days or within any other period of time agreed to by the complaints director, complainant and investigated person. (1.1) An investigator must make reasonable efforts to interview the complainant unless, in the investigator’s opinion, (a) an interview is not possible, or (b) the complainant declines to be interviewed by the investigator. (1.2) A complainant may provide the investigator with the names of other persons who might have information related to the investigation that the investigator may interview. (2) If the investigated person is not given the information referred to in subsection (1)(b) when an investigation is to be conducted, the complaints director must give the information (a) when there would be no significant harm to the investigation, or (b) before the investigation is completed, whichever is earlier. RSA 2000 cH‑7 s61;2018 c15 s11 Investigation scope 62 (1) An investigator may investigate a complaint. (2) In the course of an investigation under subsection (1), an investigator may investigate matters that are related to the conduct of the investigated person that could give rise to a finding of unprofessional conduct. 1999 cH‑5.5 s62 Investigation powers 63 (1) An investigator (a) may, at any reasonable time, (i) require any person to answer any relevant questions and direct the person to answer the questions under oath, and (ii) require any person to give to the investigator any document, substance or thing relevant to the investigation that the person possesses or that is under the control of the person, (b) may require any person to give up possession of any document described in clause (a) to allow the investigator to take it away to copy it, in which case the investigator must return it within a reasonable time of being given it but must return it no later than after a hearing is completed, (c) may require any person to give up possession of any substance and thing described in clause (a) to allow the investigator to take it away to examine it and perform tests on it, in which case the investigator must return it, if appropriate and possible, within a reasonable time of being given it but must return it, if appropriate and possible, no later than after a hearing is completed, and (d) subject to subsection (8), at any reasonable time enter and inspect any building where a regulated member provides professional services, but if the building contains a private dwelling place may not enter any part of the building designed to be used as and is being used as a permanent or temporary private dwelling place. (2) The investigator may copy and keep copies of anything given under subsection (1). (3) The complaints director, on the request of an investigator or without a request if the complaints director is the investigator, may apply to the Court of King’s Bench for (a) an order directing any person (i) to produce to the investigator any documents, substances or things relevant to the investigation in the person’s possession or under the person’s control, (ii) to give up possession of any document described in subclause (i) to allow the investigator to take it away to copy it, in which case the investigator must return it within a reasonable time after receiving it but return it no later than after a hearing is completed, or (iii) to give up possession of any substance or thing described in subclause (i) to allow the investigator to take it away, examine it and perform tests on it, in which case the investigator must return it, if possible, within a reasonable time of being given it but return it, if possible, no later than after a hearing is completed; (b) an order directing any person to attend before the investigator to answer any relevant questions the investigator may have relating to the investigation. (4) An application for an order under subsection (3) may be made without notice if the Court is satisfied that it is proper to make the order in the circumstances. (5) A person may comply with a request to give documents under subsection (1)(a)(ii) or an order under subsection (3)(a)(i) by giving copies of the documents to the investigator. (6) If a person gives copies under subsection (5), the person must on the request of the investigator allow the investigator to compare the copies with the original documents at the person’s place of business during regular business hours. (7) An investigator who makes a comparison under subsection (6) may take away the original documents to perform tests on them and must return them within a reasonable time of taking them but must return them no later than after a hearing is completed. (8) No investigator may enter a publicly funded facility, as defined in section 51, except with the consent of the person who controls or operates the publicly funded facility. RSA 2000 cH-7 s63;AR 217/2022 Proceedings delayed 64 If during the investigation the complaints director refers the complainant and the investigated person to an alternative complaint resolution process in accordance with this Part, the investigation and hearing must not proceed unless the complaints director is notified as described in section 58(6) or makes a decision under section 58(7). 1999 cH‑5.5 s64 Conditions, suspension during proceedings 65 (1) On the recommendation of the complaints director or the hearing tribunal, a person or committee designated by the council may at any time after a complaint is made until a hearing tribunal makes an order under section 82 (a) impose conditions on an investigated person’s practice permit generally or with respect to any area of the practice of that regulated profession, including the condition that the investigated person (i) practise under supervision, or (ii) practise with one or more other regulated members, or (b) suspend the practice permit of an investigated person, until the completion of proceedings under this Part. (2) An investigated person may apply to the Court of King’s Bench for an order staying a decision by a person or committee under subsection (1). (3) A copy of an application under subsection (2) must be given to the registrar. RSA 2000 cH‑7 s65;2009 c53 s79;2018 c15 s12; AR 217/2022 Report of investigation 66 (1) When an investigator concludes an investigation, the investigator must make a report within a reasonable time and, if the investigator is not the complaints director, submit the report to the complaints director. (2) If, on reviewing a report made under this section, the complaints director determines that the report is not complete or that the investigation was not properly conducted, the complaints director (a) must direct the investigator, or appoint another investigator, to undertake further investigation and make a report and submit it to the complaints director, and (b) may request an expert to assess and prepare a written report on the subject‑matter of the complaint or matters arising from the investigation of the complaint. (3) If, on reviewing a report prepared under this section, the complaints director determines that the investigation is concluded, the complaints director must (a) refer the matter to the hearings director for a hearing, or (b) dismiss the complaint, if in the opinion of the complaints director (i) the complaint is trivial or vexatious, or (ii) there is insufficient or no evidence of unprofessional conduct. (4) Despite subsection (3)(a), if the hearing tribunal has not commenced a hearing and the complaints director learns of new evidence that causes the complaints director to be of the opinion that the complaint is trivial or vexatious or there is insufficient or no evidence of unprofessional conduct, the complaints director may withdraw the complaint from the hearings director and hearing tribunal and dismiss the complaint. RSA 2000 cH‑7 s66;2007 c32 s1(20) Notification of action taken 67 The complaints director must notify the complainant and the investigated person in writing of the action taken under section 66(3) and if the complaint is dismissed (a) must give the reasons, and (b) notify the complainant in writing of the right to apply to the hearings director for a review under section 68. 1999 cH‑5.5 s67 Review of dismissal of complaint 68 (1) A complainant may apply, in writing with reasons, to the hearings director for a review of the dismissal of a complaint within 30 days after being notified of the dismissal under section 55 or 67. (2) Despite section 14(2), on receipt of an application under subsection (1) the hearings director must notify the investigated person, give a copy of the application to the complaint review committee and direct the complaints director to give a copy of the report made under section 66 to a complaint review committee. (3) Within 60 days after receipt of a report under subsection (2), a complaint review committee must commence a review of the report and the decision to dismiss the complaint. (4) A complaint review committee may determine whether the submissions to it with respect to a review under subsection (3) by the complainant and the investigated person must be written, oral or both. (5) The complaint review committee, on complying with subsection (3), must (a) refer the matter to the hearings director for a hearing, (b) direct the complaints director to conduct or appoint an investigator to conduct a further investigation and to prepare a report on the further investigation and submit it to the complaint review committee for its consideration before acting under clause (a) or (c), or (c) confirm that the complaint is dismissed if in the opinion of the complaint review committee (i) the complaint is trivial or vexatious, or (ii) there is insufficient or no evidence of unprofessional conduct. (6) The complaint review committee must give the complainant and the investigated person written notification, with reasons, of any action taken under subsection (5). 1999 cH‑5.5 s68 Hearing to be scheduled 69 The hearings director must, within 90 days after receiving a referral for a hearing, set a date for a hearing with respect to the complaint unless (a) the complaints director dismisses the complaint under section 66(4), (b) the president grants, on reasonable grounds, an extension on application by the hearings director, or (c) the complaints director and the investigated person agree to an extension. RSA 2000 cH‑7 s69;2007 c32 s1(21) Admission of unprofessional conduct 70 (1) At any time after a complaint has been made but before the hearing tribunal has made a decision as to whether unprofessional conduct has occurred, an investigated person may submit a written admission of unprofessional conduct to the hearings director. (2) An admission under subsection (1) may not be acted on unless it is acceptable in whole or in part to the hearing tribunal. (3) If an admission under subsection (1) is accepted in whole or in part by the hearing tribunal, any investigation of the complaint and any alternative complaint resolution process with respect to the complaint are suspended, and the hearing tribunal may hold a hearing to decide (a) whether the admitted conduct is unprofessional conduct, and (b) whether any orders are to be made under section 82(1). (4) Despite subsection (3), if an admission under subsection (1) does not relate to all the matters complained of or investigated, the remaining matters may be submitted to the complaints director to be treated as information received under section 56. 1999 cH‑5.5 s70 Division 4 Hearings and Decisions Bias prevention 71 Any person who has investigated, reviewed or made a decision on a complaint or matters related to a complaint may not subsequently sit as a member of a council, tribunal or committee while it is holding a hearing or a review with respect to that complaint. 1999 cH‑5.5 s71 Investigated person at hearing 72 (1) The investigated person must appear, may be compelled to testify and may be represented by counsel at a hearing before the hearing tribunal. (2) The investigated person or counsel for the investigated person may examine any witness appearing before the hearing tribunal. 1999 cH‑5.5 s72 Witnesses Investigated person ’ s witnesses 73 The investigated person may call any person, including the complainant, as a witness and give to any person, including the complainant, a notice to attend or a notice to attend and a notice to produce at the hearing any document, substance or thing related to the subject‑matter of the hearing. RSA 2000 cH‑7 s73;2007 c32 s1(22) College witnesses 74 The complaints director may request that any person, including the complainant and the investigated person, who in the opinion of the complaints director has knowledge of the subject‑matter of the hearing be called as a witness and be given, under section 77, a notice to attend or a notice to attend and a notice to produce any document, substance or thing related to the subject‑matter of the hearing. 1999 cH‑5.5 s74 Notice 75 A notice under sections 73 and 74 must be signed by the hearings director and the college must retain a copy of the notice. 1999 cH‑5.5 s75 Rights and obligations of witnesses 76 (1) A witness including the investigated person may be examined under oath, may give evidence on all matters relevant to the hearing before the hearing tribunal and is not excused from answering a question because the answer may (a) tend to incriminate the witness, (b) subject the witness to orders under this Part, or (c) tend to establish the witness’s liability in a civil proceeding or a prosecution under this or any other enactment. (2) If an answer given under subsection (1) by a witness could (a) establish the witness’s liability in a court proceeding or proceedings under any enactment, or (b) incriminate the witness, that answer may not be used or received against the witness in a civil proceeding, a prosecution under this Act or proceedings under any other Act, but that answer may be used or received against the witness in proceedings in respect of perjury or giving contradictory evidence under this Act. (3) A witness must be advised that the hearing is open to the public unless the hearing tribunal directs that the hearing be closed. (4) If a person has been given a notice to attend or a notice to attend and a notice to produce in accordance with section 73 or 77 and fails (a) to attend the hearing, (b) to produce the items set out in the notice to produce, or (c) to be sworn or to answer any question that the hearing tribunal directs the person to answer, the college or the investigated person may apply to the Court of King’s Bench for an order directing the person to comply with the notice and to be sworn and answer questions. (5) An application for an order under subsection (4) may be made without notice to the other party if the Court is satisfied that it is proper to make the order in the circumstances. (6) If a witness is outside Alberta, a judge of the Court of King’s Bench may, on an application made by the college or the investigated person without notifying the witness, direct the obtaining of the evidence of the witness in the manner provided under the Alberta Rules of Court for the taking of the evidence of a person outside Alberta. RSA 2000 cH‑7 s76;2009 c53 s79;AR 217/2022 Hearings College duties in respect of hearing 77 The hearings director must (a) at least 30 days before the hearing, give the investigated person a notice to attend and give reasonable particulars of the subject‑matter of the hearing, (b) at least 30 days before the hearing, advise the complainant of the date, time and location of the hearing, (c) as requested under section 74 give any person a notice to attend, and (d) as requested under section 74 give any person who is to produce documents or any substance or thing a notice to attend and a notice to produce. RSA 2000 cH‑7 s77;2018 c15 s13 Access to hearing 78 (1) A hearing is open to the public unless (a) the hearing tribunal holds the hearing or part of the hearing in private on its own motion or on an application of any person that the hearing or part of the hearing should be in private (i) because of probable prejudice to a civil action or a prosecution of an offence, (ii) to protect the safety of the person or of the public, (iii) because not disclosing a person’s confidential personal, health, property or financial information outweighs the desirability of having the hearing open to the public, (iv) because the presence of the public or complainant could compromise the ability of a witness to testify, or (v) because of other reasons satisfactory to the hearing tribunal, or (b) another Act requires that the hearing or part of the hearing be held in private. (2) If a hearing or part of a hearing is held in private, the hearing tribunal must state the reason why and must include the reason in the record. (3) Even if a hearing is held in private, (a) the investigated person and the investigated person’s counsel may attend, (b) the complainant may attend unless the hearing tribunal directs otherwise, and (c) the complaints director and hearing tribunal’s, complaints director’s and college’s counsel may attend. (4) Even if a hearing is open to the public, a witness, except for the investigated person, may be excluded from the hearing until the witness has given evidence and has been released or dismissed from the hearing. 1999 cH‑5.5 s78 Tribunal at hearing 79 (1) If the hearing tribunal is advised by counsel acting on behalf of the tribunal at a hearing, that counsel may not lead or present evidence at the hearing on behalf of the college nor be the counsel of the complaints director. (2) The hearing tribunal may request an expert to assess and prepare a written report on any matter that in the opinion of the hearing tribunal is relevant to the subject‑matter of the hearing. (3) The hearing tribunal may hear evidence on any other matter that arises in the course of a hearing, but the hearing tribunal must give the investigated person notice of its intention to hear the evidence and on the request of the investigated person must grant an adjournment before hearing the evidence. (4) If the hearing tribunal is of the opinion that a separate hearing is required with respect to a matter described in subsection (3), the hearing tribunal may (a) refer the matter as a complaint to the complaints director under section 54, or (b) refer the matter to the hearings director under section 69 for a hearing. (5) Evidence may be given before the hearing tribunal in any manner that it considers appropriate, and it is not bound by the rules of law respecting evidence applicable to judicial hearings. (6) Despite section 72(1), if the investigated person does not appear at a hearing and there is proof that the investigated person has been given a notice to attend the hearing tribunal may (a) proceed with the hearing in the absence of the investigated person, and (b) act or decide on the matter being heard in the absence of the investigated person. 1999 cH‑5.5 s79 Decisions and Records Tribunal decision 80 (1) The hearing tribunal may decide that the conduct of an investigated person does or does not constitute unprofessional conduct. (2) If the hearing tribunal is of the opinion that there are reasonable and probable grounds to believe that the investigated person has committed a criminal offence, the hearing tribunal must direct the hearings director to send a copy of the written decision under section 83 to the Minister of Justice and on the request of the Minister of Justice also send a copy of the record of the hearing. RSA 2000 cH‑7 s80;2013 c10 s17;2022 c21 s38 Previous decisions 81 If the hearing tribunal decides that the conduct of an investigated person constitutes unprofessional conduct, the hearing tribunal may request the college to provide it with a copy of any previous decision of unprofessional conduct with respect to the investigated person and a copy of the record of the previous hearing.
Part document.segment-4
Health Professions Act — segment 4
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Health Professions Act — segment 4
This part gives the hearing tribunal discipline powers, requires written decisions and appeal notices, restricts suspended members from practising, and prohibits misleading advertising and knowingly forcing members to breach orders.
1999 cH‑5.5 s81 Tribunal decision re sexual abuse or sexual misconduct 81.1 (1) If the subject‑matter of a hearing relates to a complaint alleging sexual abuse, and the hearing tribunal decides that the conduct of an investigated person constitutes unprofessional conduct based in whole or in part on sexual abuse, the hearing tribunal must immediately order the suspension of the investigated person’s practice permit until an order is made under section 82. (2) If the subject‑matter of a hearing relates to a complaint alleging sexual abuse or sexual misconduct, and the hearing tribunal decides that the conduct of an investigated person constitutes unprofessional conduct based in whole or in part on sexual abuse or sexual misconduct, before making an order under section 82 the hearing tribunal must provide the patient with an opportunity to present any written or oral statement describing the impact the sexual abuse or sexual misconduct has had on the patient. 2018 c15 s14 Orders of tribunal 82 (1) If the hearing tribunal decides that the conduct of an investigated person constitutes unprofessional conduct, the hearing tribunal may make one or more of the following orders: (a) caution the investigated person; (b) reprimand the investigated person; (c) impose conditions on the investigated person’s practice permit generally or in any area of the practice of the regulated profession, including conditions that the investigated person (i) practise under supervision, (ii) practise with one or more other regulated members, (iii) not practise in an area of the practice of the regulated profession until the investigated person has successfully completed a specific course of studies or obtained supervised practical experience of a type described in the order, (iv) not practise in an area of the regulated profession, or (v) report on specific matters to the hearing tribunal, council, committee or individual specified in the order; (d) direct the investigated person to satisfy the hearing tribunal, committee or individual specified in the order that the investigated person is not incapacitated and suspend the investigated person’s practice permit until the hearing tribunal, committee or individual is so satisfied; (e) require the investigated person to undertake counselling or a treatment program that in its opinion is appropriate; (f) direct that within the time set by the order the investigated person must pass a specific course of study, obtain supervised practical experience of a type described in the order or satisfy the hearing tribunal, committee or individual specified in the order as to the investigated person’s competence generally or in an area of the practice of the regulated profession; (g) subject to subsection (1.1), suspend the practice permit of the investigated person for a stated period or until (i) the investigated person has successfully completed a specific course of studies or obtained supervised practical experience of a type described in the order, or (ii) the hearing tribunal or a committee or individual specified in the order is satisfied as to the competence of the investigated person generally or in a specified area of the practice of the regulated profession; (h) subject to subsection (1.1), cancel the registration and practice permit of the investigated person; (i) if, in the opinion of the hearing tribunal, the investigated person’s fees for professional services were improper or inappropriate or the professional services that the investigated person provided were improperly rendered or required the complainant to undergo remedial treatment, the hearing tribunal may direct the investigated person to waive, reduce or repay the fee for professional services provided by the investigated person; (j) direct, subject to any regulations under section 134(a), that the investigated person pay within the time set in the order all or part of the expenses of, costs of and fees related to the investigation or hearing or both, including but not restricted to (i) the expenses of an expert who assessed and provided a written report on the subject‑matter of the complaint, (ii) legal expenses and legal fees for legal services provided to the college, complaints director and hearing tribunal, (iii) travelling expenses and a daily allowance, as determined by the council, for the complaints director, the investigator and the members of the hearing tribunal who are not public members, (iv) witness fees, expert witness fees and expenses of witnesses and expert witnesses, (v) the costs of creating a record of the proceedings and transcripts and of serving notices and documents, and (vi) any other expenses of the college directly attributable to the investigation or hearing or both; (k) direct that the investigated person pay to the college within the time set in the order a fine not exceeding the amount set out in the column of the unprofessional conduct fines table that is specified for the college in a schedule to this Act for each finding of unprofessional conduct or the aggregate amount set out in that column for all of the findings arising out of the hearing; (l) any order that the hearing tribunal considers appropriate for the protection of the public. (1.1) If the subject‑matter of a hearing relates to a complaint alleging sexual abuse or sexual misconduct, and the hearing tribunal decides that the conduct of an investigated person constitutes unprofessional conduct based in whole or in part on sexual abuse or sexual misconduct, in addition to any order that the hearing tribunal may make under subsection (1), (a) in respect of a decision of unprofessional conduct based in whole or in part on sexual abuse, the hearing tribunal must order the cancellation of the investigated person’s practice permit and registration, and (b) in respect of a decision of unprofessional conduct based in whole or in part on sexual misconduct, the hearing tribunal must order the suspension of the investigated person’s practice permit for a specified period of time. (1.2) In respect of a decision of unprofessional conduct based in whole or in part on sexual misconduct, if a hearing tribunal orders that conditions be imposed on an investigated person’s practice permit generally or in any area of the practice of the regulated profession, a hearing tribunal shall not make any order directing the imposition of any gender‑based conditions. (2) The hearing tribunal may, in an order under subsection (1), stay the order or a portion of the order on conditions set out in the order. (3) If the complaints director is satisfied that a person has not complied with an order under this section or section 89(5)(b), the complaints director may (a) treat the matter as information under section 56, (b) refer the matter to the hearings director to schedule a hearing before the hearing tribunal, or (c) in the case of non‑payment of a fine described in subsection (1)(k) or expenses described in subsection (1)(j) or section 89(6), suspend the practice permit of the investigated person until the fine or expenses are paid in full or the complaints director is satisfied that they are being paid in accordance with an agreement entered into with the investigated person. (4) A fine or expenses ordered to be paid under this section and section 89 are a debt due to the college and may be recovered by the college by an action in debt. RSA 2000 cH‑7 s82;2001 c21 s16;2006 c19 s2(9);2018 c15 s15 Written decision 83 The hearing tribunal must, within a reasonable time after the conclusion of a hearing before it, make a written decision on the matter in which it (a) describes each finding made by it, (b) states the reasons for each finding made by it, and (c) states any order made under this Part. 1999 cH‑5.5 s83 Service of decision and record of hearing 84 (1) The hearing tribunal must forward to the hearings director (a) the written decision under section 83, and (b) the record of the hearing, consisting of all evidence presented before it, including (i) the reports, exhibits and documents presented before it, and (ii) a record of the evidence, including all testimony given before it, however recorded. (2) The hearings director must, on receiving the decision and the record described in subsection (1), give a copy of the decision to (a) the complaints director and the registrar, (b) the complainant, (c) the investigated person, and (d) the Minister of Justice, if so directed or requested under section 80(2), and notify the investigated person of the right to appeal the decision to the council. RSA 2000 cH‑7 s84;2013 c10 s17;2022 c21 s38 Examination of record 85 (1) The investigated person may examine the record of the hearing and, on paying the reasonable costs of transcribing, copying and delivering the record, receive a copy of it. (2) The complainant may examine the record of the hearing, except for the part of the record that relates to a part of the hearing that the complainant was directed by the hearing tribunal, under section 78(3)(b), not to attend and on paying the reasonable costs of transcribing, copying and delivering that record may receive a copy of it. (3) A member of the public may examine the decision and the testimony given before the hearing tribunal, however recorded, except the part of the testimony that was given while the hearing was held in private. (4) A member of the public, on paying the reasonable costs of transcribing, copying and delivering it, may receive a copy of the decision and the testimony, however recorded, except the part of the testimony that was given while the hearing was held in private. RSA 2000 cH‑7 s85;2007 c32 s1(23) Division 5 Appeals Stay pending appeal 86 (1) A decision of the hearing tribunal remains in effect pending an appeal to the council unless the person or committee designated by the council, on written application, stays the decision pending the appeal. (2) The investigated person may make a written submission with respect to an application under subsection (1). (3) If the person or committee designated by the council (a) decides not to stay the decision of the hearing tribunal, or (b) does not make a decision within 10 days, excluding holidays, of the application, the applicant may apply to the Court of King’s Bench for a stay of the decision of the hearing tribunal pending an appeal to the council. (4) A decision of the council remains in effect pending an appeal to the Court of Appeal unless the Court of Appeal, on application, stays the decision pending the appeal. RSA 2000 cH-7 s86;AR 217/2022 Appeal within College Appeal to council 87 (1) An investigated person or the complaints director, on behalf of the college, may commence an appeal to the council of the decision of the hearing tribunal by a written notice of appeal that (a) identifies the appealed decision, and (b) states the reasons for the appeal. (2) A notice of appeal must be given to the hearings director within 30 days after the date on which the decision of the hearing tribunal is given to the investigated person. (3) A hearings director must, on being given a notice of appeal, (a) give a copy of the notice of appeal, and make a copy of the decision and record of the hearing available, to each member of the council or of the panel of council hearing the appeal, (b) ensure that the complaints director, the investigated person and the complainant are given a notice of the hearing of an appeal that states the date, time and place at which the council will hear the appeal, and (c) ensure that the investigated person and the complaints director are given a copy of the record of the hearing. 1999 cH‑5.5 s87 Setting the date for an appeal 88 (1) A council must, (a) if conditions have been imposed on the practice permit of the investigated person under section 82(1)(c)(i), (ii), (iii) or (iv) or if the registration or practice permit of the investigated person has been suspended or cancelled under section 82(1)(g) or (h), within 45 days after the date a notice of appeal has been given to the hearings director, set the date for the appeal, and (b) in all other cases, within 90 days after the date a notice of appeal has been given to the hearings director, set the date for the appeal. (2) A council may, on the written request of the investigated person or the complaints director, extend the periods referred to in subsection (1) for one or more additional periods, but (a) in a case to which subsection (1)(a) applies, no extension may be granted without the consent of the investigated person, and (b) in a case to which subsection (1)(b) applies, no extension may be granted without the consent of the investigated person and the complaints director. RSA 2000 cH‑7 s88;2007 c32 s1(24) Council ’ s powers on appeal 89 (1) The complaints director and the investigated person may appear and be represented by counsel at the appeal before the council. (2) Subject to subsection (4)(b), an appeal to the council must be based on the record of the hearing and the decision of the hearing tribunal. (3) Subject to subsection (4)(b), sections 71, 72, 77(a) and (b), 78, 79(1), (5), (6) and 80 to 85 apply to proceedings before the council. (4) The council on an appeal may (a) grant adjournments of the proceedings or reserve the determination of the matters before it for a future meeting of the council but no adjournment may be granted without the consent of the investigated person if that person’s practice permit is suspended or cancelled, (b) on hearing an application for leave to introduce new evidence, direct the hearing tribunal that held the hearing to hear that evidence and to reconsider its decision and quash, confirm or vary the decision, and (c) draw inferences of fact and make a determination or finding that, in its opinion, should have been made by the hearing tribunal. (5) The council must, within 90 days from the date of the conclusion of the appeal hearing before it, make a decision and, by order, do one or more of the following: (a) make any finding that, in its opinion, should have been made by the hearing tribunal, (b) quash, confirm or vary any finding or order of the hearing tribunal or substitute or make a finding or order of its own, (c) refer the matter back to the hearing tribunal to receive additional evidence for further consideration in accordance with any direction that the council may make, or (d) refer the matter to the hearings director to schedule it for rehearing before another hearing tribunal composed of persons who were not members of the hearing tribunal that heard the matter, to rehear the matter. (6) Subject to any regulations under section 134(a), the council may direct the investigated person to pay, within the time set by the council, in addition to expenses, costs and fees referred to in section 82(1)(j), all or part of the expenses of, costs of and fees related to the appeal, including (a) legal expenses and legal fees for legal services provided to the college, complaints director and council, (b) travelling expenses and a daily allowance, as determined by the council, for the complaints director and the members of the council who are not public members, (c) the costs of creating a record of the proceedings and transcripts and of serving notices and documents, and (d) any other expenses of the college directly attributable to the appeal. (7) A fine or expenses ordered or directed to be paid under this section are a debt due to the college and may be recovered by the college by an action in debt. RSA 2000 cH‑7 s89;2001 c21 s17;2006 c19 s2(22) Appeal to the Court Court of Appeal 90 (1) An investigated person or the complaints director, on behalf of the college, may appeal to the Court of Appeal any finding, order or direction of the council under section 89. (2) An appeal under this section may be commenced (a) by filing a notice of appeal with the Court at Edmonton or Calgary, and (b) by giving a copy of the notice of appeal to the complaints director and the complainant within 30 days from the date on which the decision of the council is given to the investigated person. RSA 2000 cH‑7 s90;2009 c53 s79;2018 c15 s16 Appeal on record 91 (1) The appeal to the Court of Appeal must be based on the record of the hearing before the council and the council’s decision, including the reasons for the decision, all of which must be certified by the hearings director. (2) The hearings director, at the expense of the appellant, must arrange for the preparation of the record of the hearing before the council. (3) If part of the hearing was held in private, the hearings director must ensure that the part of the record that relates to it is sealed. (4) The part of a record that is sealed under subsection (3) may be reviewed by the Court of Appeal, and the Court of Appeal may direct that it remain sealed or that it be unsealed in whole or in part. 1999 cH‑5.5 s91 Power of Court on appeal 92 (1) The Court of Appeal on hearing an appeal may (a) make any finding that, in its opinion, should have been made; (b) quash, confirm or vary the finding or order of the council or any part of it; (c) refer the matter back to the council for further consideration in accordance with any direction of the Court; (d) where the appellant is the investigated person, if the appeal is wholly or partly successful, direct that all or part of the cost of preparation of the record referred to in section 91 be repaid by the college to the appellant or be applied to reduce the amount of penalties or costs otherwise payable to the college by the appellant. (2) The Court of Appeal may make any award as to the costs of an appeal to it that it considers appropriate. RSA 2000 cH‑7 s92;2018 c15 s17 Application to vary order 93 If the time for filing an appeal under this Part has passed or due to a change in circumstances an order under this Part is impossible to carry out, the person to whom the order is directed or the complaints director may apply to the council for a variation of the order. 1999 cH‑5.5 s93 Division 6 General Non‑prejudicial orders 94 A hearings director may make any order with respect to clerical and administrative matters that the hearings director considers necessary to prevent prejudice to the investigated person. 1999 cH‑5.5 s94 Commissioner for oaths 95 A complaints director, a person appointed by the complaints director to conduct an investigation and any member of a hearing tribunal, council or complaint review committee is conferred with the powers of a commissioner for oaths under the Notaries and Commissioners Act for the purposes of an investigation, hearing, review or appeal under this Part. RSA 2000 cH‑7 s95;2013 cN‑5.5 s32 Contravention of orders 96 No employer or other person shall knowingly require a regulated member to provide a health service that would result in the regulated member contravening an order of a hearing tribunal under section 82 or of a council under section 89(5). 1999 cH‑5.5 s96 Offence 96.1 An employer or other person who contravenes section 96 is guilty of an offence and liable (a) for a first offence, to a fine of not more than $4000, (b) for a 2nd offence, to a fine of not more than $8000, and (c) for a 3rd and every subsequent offence, to a fine of not more than $12 000 or to imprisonment for a term of not more than 12 months or to both a fine and imprisonment. 2007 c32 s1(25) Unprofessional conduct in another jurisdiction 96.2 (1) If a governing body of a similar profession in Canada or the United States has determined that the conduct of a regulated member in that other jurisdiction constitutes unprofessional conduct, the registrar must (a) cancel the regulated member’s practice permit and registration if, in the opinion of the registrar, the conduct that decision was based on constitutes the procurement or performance of female genital mutilation or constitutes sexual abuse, or (b) suspend the regulated member’s practice permit for a specified period of time if, in the opinion of the registrar, the conduct that decision was based on constitutes sexual misconduct. (2) If the registrar is satisfied that the registrar has sufficient evidence that a governing body of a similar profession in another jurisdiction, other than in Canada or the United States, has determined that the conduct of a regulated member in that other jurisdiction constitutes unprofessional conduct, the registrar must (a) cancel the regulated member’s practice permit and registration if, in the opinion of the registrar, the conduct that decision was based on constitutes the procurement or performance of female genital mutilation or constitutes sexual abuse, or (b) suspend the regulated member’s practice permit for a specified period of time if, in the opinion of the registrar, the conduct that decision was based on constitutes sexual misconduct. 2018 c15 s18;2022 c9 s9 Part 5 Business Arrangements Conducting a Practice Practice in association 97 (1) In this section and section 135.93, “practice in association” means a practice conducted in co‑operation with another person where one or more of the following occur: (a) joint advertising; (b) shared office telephone number; (c) combined client billing for services provided by more than one person; (d) shared office reception area; (e) shared office or clinic expenses; (f) shared administrative functions or expenses; (g) shared ownership or use of premises, equipment, furnishings or other property; (h) shared employees; (i) sharing or circumstances that the regulations under this section constitute as practice in association. (2) Unless restricted by the regulations under this section, by a code of ethics or by the standards of practice, a regulated member may (a) practise in association with another regulated member or with a person who is not a regulated member, and (b) refer patients to and receive referrals from another regulated member of any college or a person who is not a regulated member. (3) The Lieutenant Governor in Council may make regulations (a) restricting the persons or categories of persons with whom a regulated member or category of regulated members may practise in association; (b) restricting the persons or categories of persons to or from whom a regulated member or categories of regulated members may refer or receive referrals of patients; (c) describing additional forms of sharing or circumstances that constitute practice in association. RSA 2000 cH‑7 s97;2006 c19 s2(22);2018 c15 s19 Partnership restrictions 98 (1) Despite section 97, a regulated member (a) of the College of Physicians and Surgeons of Alberta, (b) of the College of Dental Surgeons of Alberta, (c) of the Alberta College of Optometrists, or (d) of the College of Chiropractors of Alberta, shall not (e) provide professional services as a member of a partnership unless each member of the partnership is a regulated member of the same college, or (f) divide, share, split or allocate, either directly or indirectly, any fee for professional services with any person who is not a regulated member of the same college. (2) Subject to the code of ethics and standards of practice, subsection (1)(f) does not apply (a) to a payment by a regulated member to an employee made in the regular course of employment, (b) to a payment to a regulated member not restricted from practising in association pursuant to section 97, or (c) to a payment of rent under a bona fide lease of premises that is calculated on a bona fide basis of gross fees. (3) If the practice permit of a member of a partnership is suspended, that member may remain as a member of the partnership, but the member may not provide any professional service as a member of the partnership while the practice permit is suspended. (4) If a partnership ceases to comply with subsection (1)(e) or (f) by reason only of (a) the death of a member of the partnership, (b) the cancellation of the registration of a member of the partnership, or (c) the cancellation of the practice permit of a member of the partnership the partnership has a period of 90 days from the date of the death or cancellation in which to fulfil the condition. RSA 2000 cH‑7 s98;2005 c13 s4(19),(20),(21); 2007 c32 s1(26);2025 c10 s27 99 Repealed 2016 c9 s3. Practice arrangements 100 (1) A regulated member is responsible, for the purposes of this Act, the code of ethics, the standards of practice and the bylaws, for how the member provides professional services and complies with this Act, the code of ethics, the standards of practice and the bylaws, and that responsibility is not affected, modified or diminished by the practice arrangements of the regulated member and, without restricting the generality of practice arrangements, practice arrangements include providing professional services as, in relationship to or on behalf of (a) a self‑employed individual, (b) an employee, (c) a partner, (d) a partnership, (e) a shareholder, (f) a director, (g) a corporation other than a professional corporation, (h) a professional corporation, (i) an employer, or (j) a practice in association. (2) Subject to this Part, a regulated member may provide professional services as, in relationship to or on behalf of (a) a self‑employed individual, (b) an employee, (c) a partner, (d) a partnership, (e) a shareholder, (f) a director, (g) a corporation other than a professional corporation, (h) a professional corporation, (i) an employer, or (j) a practice in association. (3) Nothing in this Part affects, modifies or limits any law or practice applicable to the confidential or ethical relationship between a regulated member and a person receiving the professional services of a regulated member. (4) The relationship between a partnership, corporation or professional corporation providing professional services and a person receiving the professional services of the partnership, corporation, professional corporation or physical therapy corporation is subject to all applicable law and practice relating to the confidential and ethical relationships between a regulated member and the person receiving the professional services of a regulated member. (5) The relationship between a regulated member practising in association and a person receiving the professional services of the regulated member practising in association is subject to all applicable law and practice relating to the confidential and ethical relationships between a regulated member and the person receiving the professional services. (6) The rights and obligations pertaining to communications made to or information received by a regulated member apply to the shareholders, directors, officers and employees of a partnership, corporation or professional corporation and the participants in a practice in association. RSA 2000 cH‑7 s100;2016 c9 s4 Municipal, settlement licence exemption 101 No municipality or Metis settlement has the power to require (a) a regulated member to obtain a licence from the municipality or Metis settlement to practise a regulated profession, or (b) a professional corporation, a business corporation or a partnership owned by regulated members to obtain a licence from the municipality or Metis settlement to practise a regulated profession. RSA 2000 cH‑7 s101;2016 c9 s5 Advertising 102 A regulated member shall not engage in advertising that is untruthful, inaccurate or otherwise capable of misleading or misinforming the public. 1999 cH‑5.5 s102 Limited Liability Partnerships Limited liability partnerships 102.1 (1) In this section, “council” means the council of (a) the College of Dental Surgeons of Alberta; (b) the College of Chiropractors of Alberta; (c) the Alberta College of Optometrists; (d) the College of Physicians and Surgeons of Alberta. (2) Subject to subsection (3), a council (a) shall make regulations respecting the type and amount of liability insurance or other protection against professional liability that a partnership must have for the purposes of registration as a limited liability partnership under Part 3 of the Partnership Act , and (b) may make regulations governing eligibility requirements that a partnership must meet in order to be registered as a limited liability partnership under Part 3 of the Partnership Act . (3) A regulated member of the College of Physicians and Surgeons of Alberta who is not a physician, surgeon or osteopath is not eligible to be a partner in a limited liability partnership under Part 3 of the Partnership Act . (4) A regulation under subsection (2)(a) does not come into force unless it is approved by the Lieutenant Governor in Council. (5) If the Minister considers that regulations made under subsection (2)(a) do not provide sufficient protection against professional liability, the Minister may, by notice in writing to the council, request the council to amend the regulations in the manner specified in the notice within the time set out in the notice. (6) If the council fails to amend the regulations in accordance with the notice under subsection (5), the Lieutenant Governor in Council may amend the regulations, and in that case the amendments operate as if they had been made by the council. (7) Subsections (2) and (4) to (6) do not apply if there is a bylaw under subsection (8) in effect. (8) A council may make a by‑law providing that, notwithstanding Part 3 of the Partnership Act , no regulated member may provide professional services of the regulated profession in a limited liability partnership under that Act. 2001 c21 s18; 2005 c13 s4(19),(20),(21); 2007 c32 s1(40);2025 c10 s27 Professional Corporations Definitions 103 In sections 104 to 115, (a) “articles” means articles as defined in the Business Corporations Act ; (b) “registrar” means the registrar of (i) the College of Physicians and Surgeons of Alberta; (ii) the College of Dental Surgeons of Alberta; (iii) the College of Chiropractors of Alberta; (iv) the Alberta College of Optometrists; (c) “Registrar of Corporations” means the Registrar under the Business Corporations Act . RSA 2000 cH‑7 s103; 2005 c13 s4(19),(20),(21); 2007 c32 s1(40);2025 c10 s27 Professional corporation 104 A regulated member (a) of the College of Physicians and Surgeons of Alberta who is a physician, surgeon or osteopath, (b) of the College of Dental Surgeons of Alberta, (c) of the College of Chiropractors of Alberta, or (d) of the Alberta College of Optometrists may provide professional services on behalf of a corporation only if it is a professional corporation that holds an annual permit under this Act, and that professional corporation may only provide the professional services of a regulated member (e) of the College of Physicians and Surgeons of Alberta who is a physician, surgeon or osteopath, (f) of the College of Dental Surgeons of Alberta, (g) of the College of Chiropractors of Alberta, or (h) of the Alberta College of Optometrists. RSA 2000 cH‑7 s104; 2005 c13 s4(19),(20),(21); 2007 c32 s1(40);2025 c10 s27 Name 105 (1) The name of a professional corporation must meet the requirements of the bylaws. (2) A professional corporation may provide professional services only under a name that meets the requirements of the bylaws. 1999 cH‑5.5 s105 Use of name 106 (1) No person shall provide the professional services of a regulated member (a) of the College of Physicians and Surgeons of Alberta who is a physician, surgeon or osteopath, (b) of the College of Dental Surgeons of Alberta, (c) of the College of Chiropractors of Alberta, or (d) of the Alberta College of Optometrists, within Alberta under any name containing the words “corporation”, “incorporated”, “company”, “limited” or “Professional Corporation” or the abbreviation “Inc.”, “Ltd.” or “P.C.” unless that person is incorporated or continued as a corporation under the Business Corporations Act and the corporation holds an annual permit under this Act, or unless otherwise expressly authorized by statute. (2) A person who contravenes subsection (1) is guilty of an offence and liable to a fine not exceeding $2000. RSA 2000 cH‑7 s106; 2005 c13 s4(19),(20),(21); 2007 c32 s1(40);2025 c10 s27 Liability of shareholders 107 Despite anything to the contrary in the Business Corporations Act and despite the providing of the professional services of a regulated member (a) of the College of Physicians and Surgeons of Alberta who is a physician, surgeon or osteopath, (b) of the College of Dental Surgeons of Alberta, (c) of the College of Chiropractors of Alberta, or (d) of the Alberta College of Optometrists, on behalf of a professional corporation, every voting shareholder of a professional corporation is liable to the same extent and in the same way as if the shareholder were, during that time, carrying on the business of the professional corporation as a partnership or, if there is only one voting shareholder, as an individual providing professional services. RSA 2000 cH‑7 s107; 2005 c13 s4(19),(20),(21); 2007 c32 s1(40);2009 c51 s1;2025 c10 s27 Approval for professional corporation 108 The registrar may issue an approval of the articles of a proposed professional corporation for the purposes of section 7(2) of the Business Corporations Act to a regulated member (a) of the College of Physicians and Surgeons of Alberta who is a physician, surgeon or osteopath, (b) of the College of Dental Surgeons of Alberta, (c) of the College of Chiropractors of Alberta, or (d) of the Alberta College of Optometrists, who files an application in the form provided for in the bylaws, submits a copy of the proposed articles and pays all the approval application fees provided for in the bylaws. RSA 2000 cH‑7 s108; 2005 c13 s4(19),(20),(21); 2007 c32 s1(40);2025 c10 s27 Professional corporation registered 109 (1) A regulated member who obtains an approval under section 108 and incorporates the proposed professional corporation under the Business Corporations Act may register the professional corporation under this Act if the regulated member (a) satisfies the registrar that the individuals who will provide professional services or who will supervise the provision of professional services on behalf of the professional corporation are regulated members of the college, (b) satisfies the registrar that the professional corporation is a corporation in good standing with the Registrar of Corporations, (c) satisfies the registrar that the professional corporation is not restricted from providing professional services regulated by the college or from carrying out its powers, duties and functions under this Act, (d) satisfies the registrar that the name of the corporation meets the requirements of the bylaws, (e) satisfies the registrar that the legal and beneficial ownership of all the issued voting shares of the professional corporation is vested in one or more regulated members of the college and that all of the directors of the corporation are regulated members of the college, (e.1) satisfies the registrar that the legal and beneficial ownership of all the issued non‑voting shares of the professional corporation is vested in one or more of the following persons: (i) one or more regulated members of the college who are also voting shareholders; (ii) in respect of any regulated member of the college who is also a voting shareholder, one or more of the following persons: (A) the spouse of the regulated member; (B) the common‑law partner of the regulated member; (C) a child of the regulated member; (D) a trust, all of the beneficiaries of which are minor children of the regulated member; (f) satisfies the registrar that no voting shareholder of the professional corporation has entered into a voting trust agreement, proxy or any other type of agreement vesting in another person who is not a regulated member of the same college the authority to exercise the voting rights attached to any or all of the shareholder’s shares, and (g) submits the permit application fees provided for in the bylaws. (2) If a registrar is satisfied that subsection (1) has been complied with, the registrar must register the professional corporation, issue an annual permit to the professional corporation, assign a unique registration number to the professional corporation and enter the name of the professional corporation in the record of professional corporations. (3) For the purposes of subsection (1)(e.1)(ii) and section 114(2), (a) “child”, with respect to a regulated member, includes (i) a person of whom the regulated member is the legal parent, (ii) a person who is wholly dependent on the regulated member for support and of whom the regulated member has, or immediately before the person attained the age of 19 years had, in law or in fact, the custody and control, and (iii) a child of the regulated member’s spouse or common‑law partner; (b) “common-law partner”, with respect to a regulated member at any time, means a person who cohabits in a conjugal relationship with the regulated member at that time and (i) has so cohabited with the regulated member for a continuous period of at least one year, or (ii) would be the parent of a child of whom the regulated member is a parent if this clause were read without reference to clause (a)(iii), and, for the purposes of this clause, where at any time the regulated member and the person cohabit in a conjugal relationship, they are, at any particular time after that time, deemed to be cohabiting in a conjugal relationship unless they were not cohabiting at the particular time for a period of at least 90 days that includes the particular time because of a breakdown of their conjugal relationship. RSA 2000 cH‑7 s109;2009 c51 s1 Annual permit 110 (1) An annual permit expires on the date provided for in the bylaws. (2) If a professional corporation to which a unique registration number has been assigned under section 109(2) submits (a) an application for an annual permit in the form provided for in the bylaws, (b) evidence satisfactory to the registrar that the corporation complies with section 109(1)(a) to (f), (c) the information required by the bylaws, and (d) the annual permit application fee provided for in the bylaws, the registrar must issue an annual permit to the professional corporation. 1999 cH‑5.5 s110 Voting of shares restrictions 111 No voting shareholder of a professional corporation shall enter into a voting trust agreement, proxy or any other type of agreement vesting in another person who is not a regulated member of the same college the authority to exercise the voting rights attached to any or all of the shareholder’s shares. RSA 2000 cH‑7 s111;2009 c51 s1 Change in organization 112 A professional corporation must inform the registrar within 15 days in the form provided for in the bylaws of any change in the ownership or directors of the professional corporation or to the name of the professional corporation. 1999 cH‑5.5 s112 Record of professional corporations 113 (1) A registrar must keep and maintain a record of professional corporations containing the following information with respect to each professional corporation: (a) its name and registered head office address; (b) the unique registration number issued to the professional corporation; (c) the date the annual permit was issued; (d) other information required by the bylaws. (2) The public may, during regular office hours, inquire about the information on the record of professional corporations, and the college must on request provide the information described in subsection (1). 1999 cH‑5.5 s113 Cancellation of P.C. permit 114 (1) An annual permit may be cancelled by a registrar if sections 104 to 112 are not complied with. (2) Despite subsection (1), if a professional corporation ceases to comply with a condition specified in section 109(1)(a) and (d) to (f) (a) only because of (i) the death of a regulated member, or (ii) the suspension or cancellation of the registration or practice permit of a regulated member, who is a voting shareholder of the professional corporation, (b) only because (i) of the death of a non‑voting shareholder of the professional corporation or the death of a minor child who is a beneficiary of a trust referred to in section 109(1)(e.1)(ii)(D), or (ii) a former spouse or former common‑law partner of a regulated member who is a voting shareholder continues to own non‑voting shares after their divorce or the breakdown of their common‑law relationship, or (c) only because a child who is a beneficiary of a trust referred to in section 109(1)(e.1)(ii)(D) attains the age of 18 years, the professional corporation has 90 days from the date of death, suspension, cancellation, divorce, breakdown of the common-law relationship or a beneficiary of a trust attaining the age of 18 years, as the case may be, in which to fulfil the condition, failing which the annual permit is cancelled on the expiration of the 90‑day period. (3) If the practice permit of a regulated member who is a shareholder of a professional corporation is suspended, that member may remain as a shareholder of the professional corporation, but the member may not provide any professional service on behalf of the professional corporation while the practice permit is suspended. (4) In the event of the death of a regulated member or the occurrence of an event or circumstance described in subsection (2)(b), the council may in writing order that the 90‑day period provided for in subsection (1) be extended for a further period that it considers reasonable. (5) When an annual permit is not applied for, expires or is cancelled, the registrar must record in the record of professional corporations that an annual permit was not applied for or that the annual permit expired or was cancelled. (6) A registrar shall not remove any information from the record of professional corporations except in accordance with the bylaws. RSA 2000 cH‑7 s114;2009 c51 s1 Notification of cancelled, expired P.C. permits 115 (1) When an annual permit is cancelled, a registrar must notify the Registrar of Corporations and the shareholders of the professional corporation recorded with the registrar. (2) Thirty days after the date that an annual permit expires, the registrar must notify the Registrar of Corporations that the annual permit has expired. (3) In addition to the information provided under subsection (1), the registrar may provide information, in accordance with the bylaws, on expired and cancelled annual permits. 1999 cH‑5.5 s115 Restrictions on Regulations and Bylaws Regulations, bylaws inoperative 116 A regulation and a bylaw made by a council, other than a bylaw under section 132(1)(i) to (m) and (p), are inoperative if they purport to regulate a matter that is regulated under sections 97 to 100 or 103 to 115. 1999 cH‑5.5 s116 Part 6 Other Matters Being suspended 117 A regulated member whose practice permit is suspended shall not provide professional services unless (a) the college notifies the regulated member that the suspension is lifted, or (b) the suspension has expired. 1999 cH‑5.5 s117 Assessing incapacity 118 (1) If a complaints director has grounds to believe that a regulated member is incapacitated, whether or not a complaint has been made under section 54, the complaints director may direct the regulated member to submit to specified physical or mental examinations, or both, by a person or at a facility specified by the complaints director and, despite section 100(4) to (6), request the person or facility to report to the complaints director and the regulated member within a time specified by the complaints director. (2) On receipt of the results of any mental or physical examination under subsection (1), and if recommended by the person or facility the complaints director may direct the regulated member to submit to treatment by a person or at a facility specified by the complaints director. (3) Despite section 100(4) to (6), the complaints director may request that the results of the treatment under subsection (2) be provided by the person or facility to the complaints director and the regulated member within the time specified by the complaints director. (4) The complaints director may direct that the regulated member cease providing professional services until a report is received under subsection (1) or if a direction is made under subsection (2), cease providing professional services until the complaints director is satisfied that the regulated member is no longer incapacitated and the complaints director must notify the registrar of the direction to cease providing professional services. (5) If the regulated member does not comply with a direction of the complaints director under subsection (1), (2) or (4), (a) the complaints director must continue with the investigation process if a complaint was previously made with respect to a matter that arose because of the alleged incapacity, and (b) the complaints director may treat the non‑compliance as a complaint in accordance with section 56 and act on it under section 55 if no complaint has been previously made with respect to a matter that arose because of the alleged incapacity. (6) The regulated member may appeal a direction of the complaints director under subsection (1), (2) or (4) to the council. (7) An appeal under subsection (6) must be in writing, must set out the grounds for the appeal and must be served on the registrar within 7 days after receipt of the direction by the regulated member. (8) An appeal under subsection (6) must be conducted (a) as soon as reasonably practicable, and (b) in accordance with section 89. (9) If a complaint has been made against a regulated member, and the complaints director (a) is satisfied that the matter complained of arose because of the incapacity of the regulated member, (b) has made one or more directions under subsections (1) and (2), and (c) is satisfied that the regulated member is complying with the directions made under subsection (2), the complaints director may, at any time before the matter has been referred to the hearings director, suspend any proceedings with respect to the complaint for a period of time that the complaints director considers appropriate. (10) Despite Part 4, if a matter has been suspended under subsection (9) and the complaints director is satisfied that the regulated member is no longer incapacitated, the complaints director may decide to suspend the proceedings indefinitely, with or without conditions. (11) Despite a suspension of proceedings under subsection (9) or (10), the complaints director may, despite Part 4, at any time direct that the proceedings with respect to the complaint be resumed. (12) If the complaints director suspends proceedings under subsection (9) or (10), the complaints director must within 14 days notify the complainant in writing of the suspension and the reasons for it.
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Health Professions Act — segment 5
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Health Professions Act — segment 5
This provision requires registrars and colleges to disclose certain regulated-member information, keep specified records, and lets colleges and regulators make rules, bylaws, and standards of practice.
1999 cH‑5.5 s118 Notices and Information Access to regulated members ’ information 119 (1) If under Part 2 or Part 4 a regulated member’s practice permit is suspended or cancelled, or if conditions are imposed on a regulated member’s practice permit or a direction is made under section 118(4), the registrar (a) must enter the conditions imposed, if any, on the regulated member’s practice permit, (b) must provide the information (i) to a person who employs the regulated member to provide professional services on a full‑time or part‑time basis as a paid or unpaid employee, consultant, contractor or volunteer, and (ii) to the hospital operator of a health services sector in an approved hospital under the Provincial Health Agencies Act if the regulated member is a member of the medical staff or professional staff of the health services sector in the approved hospital, (c) must provide the information to any Minister who, or an organization specified in the regulations that, administers the payment of fees for the professional services that the regulated member provides, (d) must provide the information to another college if the registrar knows that the regulated member is also a member of that college, (e) must provide the information to the governing bodies of any similar profession in other provinces or territories, and (f) subject to the bylaws, may publish or distribute the information referred to in this subsection. (1.1) Subject to the bylaws, the registrar may publish or distribute information respecting any order made by a hearing tribunal or council under Part 4. (2) In addition to the release of information under subsection (1), if a reprimand or other order under Part 4 relates to an improper billing practice by a regulated member, the registrar must provide the relevant information to any Minister who, or an organization specified in the regulations that, administers the payment of fees for the professional services that were subject to improper billing practices. (3) If a regulated member applies for a review of a decision under Part 2, appeals a decision under Part 4 or appeals a direction under section 118(4), and a cancellation or suspension is lifted or imposed conditions are varied or removed, a reprimand is removed or a direction is cancelled, the registrar must provide that information in the same manner that the information on the cancellation, suspension, conditions or reprimand was provided under subsection (1) or (2). (4) If a member of the public, during regular business hours, requests from a college information referred to in this section, section 33(3) or 85(3) or any information published on the college’s website, or information as to whether a hearing is scheduled to be held or has been held under Part 4 with respect to a named regulated member, the college must provide the information with respect to that regulated member (a) on payment of costs referred to in section 85(4), and (b) if the request is submitted within the applicable time period of the following: (i) for information about conditions on a practice permit, while the conditions are in effect; (ii) for information about suspensions, while the suspension is in effect; (iii) for information about a direction under section 118, while the direction is in effect; (iv) for information about a cancellation of a practice permit or registration, within 2 years after the cancellation; (v) for information about a hearing, until the hearing has been completed; (vi) for information about an order under Part 4, within 5 years after the order was issued; (vii) for the written decision and the testimony given before the hearing tribunal, other than the part of the testimony that was given while the hearing was held in private, within 5 years after the written decision. (5) If the governing body of a similar profession in another jurisdiction requests information as to whether a regulated member or a former member is an investigated person, the college must provide the information. RSA 2000 cH‑7 s119;2001 c21 s19;2007 c32 s1(27); 2018 c15 s20;2020 c35 s92;2025 c10 s27 Notices 120 (1) A notice to attend and a notice to produce must include the date, time and place at which attendance or production is required. (2) The person who gives a notice to attend or a notice to produce may at any time amend the notice to correct errors or omissions of a minor or clerical nature. (3) If a document or notice is required to be given under Part 4 by a complaints director, complaint review committee, hearings director, hearing tribunal or college to any person other than a complaints director, complaint review committee, hearings director, hearing tribunal or college, the document or notice is sufficiently given if it is given by personal service to the person or sent to the person by certified or registered mail at that person’s address as shown on the register or record of the registrar. (4) A notice to attend and a notice to produce under section 73 is sufficiently given if the investigated person gives it by personal service to, or sends it to, the person to be called as a witness by certified or registered mail. RSA 2000 cH‑7 s120;2003 c39 s3 Record retention 121 A college must keep, for at least 10 years, (a) a copy of ratified settlements and admissions of unprofessional conduct, (b) records of investigations and hearings, and (c) records of complete registration applications and reviews. 1999 cH‑5.5 s121;2000 c15 s4(14) Additional information 122 (1) For the purposes of planning and resource allocation, health system management, public health surveillance and health policy development, or providing information about regulated health professionals to the public, a registrar must (a) on the request of the Minister compile information referred to in section 33, in the form and manner requested by the Minister, and (b) on the request of the Minister disclose any or all of that information to the Minister and to other persons authorized by regulation under section 134 to receive such information. (1.1) The Minister may impose conditions on the use, retention and disclosure of information disclosed to persons pursuant to subsection (1). (1.2) A person who receives information pursuant to subsection (1) may use, retain and disclose it but must comply with any conditions imposed by the Minister on its use, retention and disclosure. (2) A regulated member must provide the registrar with information referred to in section 33(4)(b). RSA 2000 cH‑7 s122;2003 c39 s4;2008 c34 s11;2020 c35 s93 Information sharing 122.01 The Minister may disclose health information or personal information to a college if there are reasonable grounds to believe (a) that the disclosure will avert or minimize a risk of harm to the health or safety of any person, (b) that the conduct of a regulated member may constitute unprofessional conduct, (c) that a person may be representing or holding out that the person is a regulated member of a college, or (d) that a person may be performing a restricted activity without authorization. 2018 c15 s21 Evidence Evidence of registration 123 (1) A certificate purporting to be signed by the registrar that states that according to the records of the college under this Act or a former Act a named person or corporation was or was not, on a specified day or during a specified period, a regulated member, other member or former member, including the category of membership, or a professional corporation is admissible in evidence as proof, in the absence of evidence to the contrary, of those facts without proof of the registrar’s appointment or signature. (2) When proof of registration under this Act or a former Act is required, (a) a printed copy of the register or record of professional corporations, or (b) an extract from the register or record of professional corporations, certified by the registrar is admissible in evidence instead of the original register. (3) A certificate purporting to be signed by a person in that person’s capacity as registrar and bearing the seal of the college is admissible in evidence as proof, in the absence of evidence to the contrary, of the facts stated in the certificate without proof of the signature of the registrar or the registrar’s appointment. (4) When (a) proof that a person is a regulated member under this Act whose practice permit is not suspended or cancelled is required to validate a witness’s evidence, and (b) a copy of the register or extract from the register certified by the registrar is not available and the production of the original register is not feasible without prejudicial delay to the case or the parties interested, the evidence of the person under oath claiming to be a regulated member whose practice permit is not under suspension or cancelled is admissible in evidence as proof, in the absence of evidence to the contrary, of those facts. RSA 2000 cH‑7 s123;2016 c9 s6 Burden of proof 124 In a prosecution under this Act, the burden of proving that (a) a person is a regulated member or former member, or (b) a corporation is a professional corporation and holds an annual permit, (c) repealed 2016 c9 s7, is on the accused. RSA 2000 cH‑7 s124;2016 c9 s7 Records, evidence not admissible 125 (1) Despite any other Act or law except the Ombudsman Act , (a) a college, (b) a person who is or was an officer, employee or agent of a college, (c) a person who conducts or has conducted an investigation or an alternative complaint resolution process under Part 4 or who is carrying out or has carried out powers and duties under Part 3, or (d) a person who is or was a member of a council or a committee or hearing tribunal of a college shall not be required in any proceedings to give evidence relating to any matter that arose in any proceedings under this Act or the bylaws, or to produce any record or thing adduced in evidence in proceedings under this Act or the bylaws or forming part of the records of the college that relate to proceedings under Part 4 or section 118 or that relate to any matter under Part 3, except in a prosecution with respect to perjury or the giving of contradictory evidence or in proceedings under this Act. (2) Subsection (1) does not apply to information described in section 119. (3) Despite any other Act or law except the Ombudsman Act , a regulated member who is participating or has participated in a continuing competence program shall not be required in any proceedings to give evidence relating to any matter under Part 3 or to produce any record or thing that relates to any matter under Part 3 except in (a) proceedings under this Act, or (b) a prosecution with respect to perjury or the giving of contradictory evidence. RSA 2000 cH‑7 s125;2001 c21 s20 Liability Liability exemption 126 (1) No action lies against any of the following in respect of anything done or omitted to be done in good faith pursuant to this Act, an order of the Minister, the bylaws or any direction of the council: (a) a college or a person who is or was an officer, employee or agent of a college; (b) a person who conducts or has conducted an investigation or an alternative complaint resolution process under Part 4 or a practice visit; (c) the council or a person who is or was a member of a council, committee or hearing tribunal of a college; (d) a person who acts on the instructions of or under the supervision of a person referred to in clauses (a) to (c); (e) a person appointed as an administrator pursuant to an order of the Minister under section 135.2(1); (d.1) a person who, at the request of the council of a college of a regulated profession, performs an assessment of the competence of an individual who has applied for registration to provide professional services of the regulated profession. (2) No action for defamation may be founded on a communication regarding the conduct of a regulated member if the communication is made or is published in accordance with this Act by a college, a person described in subsection (1) or a council, committee or hearing tribunal in good faith and in the course of any proceedings under this Act or the bylaws relating to that conduct. RSA 2000 cH‑7 s126;2007 c32 s1(28);2007 c33 s1 Ombudsman Complaints to Ombudsman 127 (1) Any person may make a complaint with respect to anything under this Act in accordance with the Ombudsman Act . (2) A college, the council or a panel, committee, tribunal, registrar, president, complaints director and hearings director of a college and any officer, investigator or person engaged by a college may, on the recommendation of the Ombudsman, (a) rehear any matter and reconsider any decision or recommendation made by that person or body, and (b) quash, confirm or vary the decision or recommendation or any part of it. (3) If a matter is reheard or reconsidered pursuant to subsection (2), the provisions of this Act governing the original hearing or consideration apply to the rehearing or reconsideration. 1999 cH‑5.5 s127 Reporting Requirements Reporting by regulated members 127.1 (1) If a person is a regulated member of more than one college and one college makes a decision of unprofessional conduct with respect to that regulated member, the regulated member must, as soon as reasonably possible, report that decision and provide a copy of that decision, if any, to the registrar of any other college the person is a regulated member of. (2) If a governing body of a similar profession in another jurisdiction has made a decision that the conduct of a regulated member in that other jurisdiction constitutes unprofessional conduct, the regulated member must, as soon as reasonably possible, report that decision and provide a copy of that decision, if any, to the registrar. (3) A regulated member must report any finding of professional negligence made against the regulated member to the registrar in writing, as soon as reasonably possible, after the finding is made. (4) A regulated member must report in writing to the registrar, as soon as reasonably possible, if the regulated member has been charged with an offence under the Criminal Code (Canada) or has been convicted of an offence under the Criminal Code (Canada). (5) This section applies to a decision made or a finding of unprofessional conduct with respect to a regulated member or a charge or conviction under the Criminal Code (Canada) made against a regulated member on or after the coming into force of this section. 2018 c15 s22 Reporting of regulated members 127.2 (1) If in the course of a regulated member acting in the regulated member’s professional capacity the regulated member has reasonable grounds to believe that the conduct of another regulated member of any college constitutes the procurement or performance of female genital mutilation or constitutes sexual abuse or sexual misconduct, the regulated member must report that conduct to the complaints director. (2) A report under subsection (1) is not required if information respecting the conduct of that other regulated member was obtained in the course of the regulated member providing professional services to that other regulated member. 2018 c15 s22;2022 c9 s10 Part 7 Title Protection Protected words, abbreviations 128 (1) No person or group of persons shall represent or imply that the person is a regulated member or that the group of persons consists of regulated members unless the person is a regulated member or the group of persons consists of regulated members. (2) No person or group of persons shall use the name of a college, alone or in combination with other words, in a manner that states or implies that the person or group of persons is a college under this Act unless the person or group of persons is a college under this Act. (3) No regulated member shall use the word “registered” in a manner that states or implies that the member is a regulated member of a regulated profession except in accordance with the regulations. (4) No person or group of persons shall use the word “regulated” in connection with the name of a regulated profession or professional service or the words “regulated health professional” in a manner that states or implies that the person or group of persons is a college or a regulated member or group of regulated members unless the person or group of persons is a college under this Act or another enactment or is a regulated member or consists of a group of regulated members. (5) No person other than (a) a regulated member shall use a title, abbreviation or initials set out in section 2 of a schedule to this Act alone or in combination with other words in a manner that states or implies that the person is a regulated member of the college to which section 2 of the schedule refers, or (b) a student who is enrolled in a program that in the opinion of the registrar is a program to train persons to provide professional services shall use a title, abbreviation or initials set out in section 2 of a schedule to this Act in combination with the word “student” while undertaking activities related to the program. (5.1) Despite subsections (1), (3), (5) and (10), a student described in subsection (5)(b) shall not use the title “regulated” or “registered” or the initial “R” in combination with the word “student” while undertaking activities related to a program described in subsection (5)(b). (6) No corporation shall use the word college, alone or in combination with other words, in a manner that states or implies that the corporation is a college under this Act unless the corporation is a college under this Act or authorized to use the word college under another enactment. (7) No person shall use the title “doctor”, “surgeon”, “pathologist” or “oncologist” or the abbreviation “Dr.” alone or in combination with other words in connection with providing a health service unless the person is authorized to use the title or abbreviation by this Act or another enactment. (8) Subsection (7) does not apply to a person who uses the title “doctor”, “surgeon”, “pathologist” or “oncologist” or the abbreviation “Dr.” alone or in combination with other words in connection with teaching, research or administration. (9) No person shall use the word “nurse” alone or in combination with other words that in a manner states or implies that the person is a regulated member unless the person is authorized to use the word pursuant to Schedule 10, 24 or 25 or another enactment. (10) No person or group of persons shall use the word “registered” or “regulated” or the phrase “regulated health professional” alone or in combination with other words that in a manner states or implies that the person is a regulated member unless the person or group of persons (a) is a regulated member or consists of a group of regulated members, or (b) is a person or group of persons authorized to use the word “registered” or “regulated” or the phrase “regulated health professional” in connection with the health service by another enactment. (11) No regulated member shall use the term “specialist” or hold himself or herself out to be a specialist in connection with providing a health service unless the regulated member is authorized to use the term “specialist” by a Schedule to this Act or by a regulation made under section 131 or by a bylaw made under section 132 or as otherwise authorized by a council. RSA 2000 cH‑7 s128;2001 c21 s21;2005 c13 s4(2); 2006 c19 s2(10) Use of alternative punctuation in an abbreviation or initials 128.1 In respect of an abbreviation or initials set out in section 2 of a schedule to this Act, a college may authorize regulated members entitled to use the abbreviation or initials to use punctuation that differs from that set out in the schedule. 2016 c9 s8 Penalty 129 A person who contravenes section 128 is guilty of an offence and liable (a) for a first offence, to a fine of not more than $2000, (b) for a 2nd offence, to a fine of not more than $4000, and (c) for a 3rd and every subsequent offence, to a fine of not more than $6000 or to imprisonment for a term of not more than 6 months or to both fine and imprisonment. 1999 cH‑5.5 s129 Injunction 130 The Court of King’s Bench, on application by a college, may grant an injunction enjoining any person from doing any act that contravenes section 128, despite any penalty that may be provided by section 129 in respect of that contravention. RSA 2000 cH‑7 s130;2009 c53 s79;AR 217/2022 Part 8 Regulations, Bylaws, Codes of Ethics and Standards of Practice Council regulations 131 (1) A council may make regulations (a) respecting requirements for and applications for registration and practice permits, including but not restricted to (i) education, experience, enrolment in programs of studies, successful completion of examinations, including limiting the number of times examinations may be taken, and holding of certificates and diplomas; (ii) recognizing professions in other jurisdictions for the purposes of section 28(2)(b); (iii) - (vii) repealed 2020 c35 s95; (viii) for the purposes of section 28(2)(c), determining the combination of education, experience, practice and other qualifications that demonstrates the competence required for registration as a regulated member; (b) respecting the evaluation of education, training, experience, practice and competence required of applicants for registration as regulated members and of applicants for practice permits, including the establishment or designation of an entity that may conduct all or part of an evaluation; (c) - (h) repealed 2020 c35 s95; (i) respecting the establishment of registers for and respecting categories of regulated members; (j) imposing the conditions on categories of regulated members , restricting the time periods of registration and practice permits of categories of members and restricting renewal of registration and practice permits of categories of members ; (j.1) respecting reissuing practice permits and reinstating registration; (k) respecting the use of abbreviations, initials and titles within the meaning of the schedules to this Act and the use of the words “specialist”, “registered” and “regulated” and the phrase “regulated health professional” by a regulated member or a category of regulated members; (l) respecting the use of and authorizing the use of the titles “doctor”, “surgeon”, “pathologist” and “oncologist” and the abbreviation “Dr.”; (m) respecting the establishment of a register of regulated members; (n) ‑ (p) repealed 2020 c35 s95; (q) respecting other matters related to this Act. (2) A regulation under this section does not come into force unless it has been approved by the Minister. RSA 2000 cH‑7 s131;2001 c21 s22;2005 c13 s4(3);2006 c19 s2(11); 2007 c32 s1(29);2008 c34 s14;2020 c35 s95 Bylaws 132 (1) A council may make bylaws (a) respecting the governance of the college and the management and conduct of its affairs including the management and carrying out of powers and duties by council, committees, tribunals, panels and other entities; (b) respecting the appointment, election, establishment and removal of officers, employees, committees, tribunals, panels and other entities and their members, and their powers and duties; (c) establishing a council and respecting the number and selection or election of the voting and non‑voting members of council, their terms of office, removal from office and the filling of vacancies; (d) respecting quorum, procedures at meetings and the holding of council, committees, tribunals and other entities meetings by mail, telephone conference, audiovisual or other electronic means; (e) establishing how or by whom expenses and remuneration payable to members of council, committees, tribunals and other entities are determined; (f) respecting the establishment of registers of other members and the entry of information in the registers and the removal of that information; (g) respecting other members, including transitional provisions respecting such members under a former Act; (h) establishing the date by which regulated members are to apply for renewal of practice permits and providing for reinstatement of registration and reissuance of practice permits cancelled under this Act except those cancelled under Part 4; (i) respecting the naming of a professional corporation and the name under which a professional corporation may provide professional services; (j) establishing a record of professional corporations and respecting the entry of information in the records and the removal of that information from the records; (k) respecting the providing of information on expired and cancelled annual permits of professional corporations; (l) respecting registration and annual permits of professional corporations and the information to be submitted by professional corporations; (m) establishing the date on which an annual permit of a professional corporation expires; (m.1) respecting the use of the term “specialist” by a regulated member or a category of regulated members; (n) repealed 2020 c35 s96; (o) respecting forms and notices; (o.1) subject to section 120(3) and (4), respecting the giving of documents and notices; (p) respecting costs, fees, levies and assessments to be paid by regulated members and applicants with respect to registration, practice permits, professional corporations, annual permits and late payment fees under this Act or the bylaws and costs, fees, levies and assessments for any accreditation, review , appeal, thing or service provided by the college under this Act or the bylaws; (q) respecting the publication and distribution of information described in sections 60(6) and 119(1); (r) respecting the approval of bylaws; (s) repealed 2020 c35 s96; (t) respecting the development of or adoption of a code of ethics and standards of practice; (u) respecting additional information that may be published on a college’s website; (v) respecting recognizing professions in other jurisdictions for the purposes of section 28(2)(b); (w) respecting requirements for the purposes of section 28(2)(b); (x) respecting the type and amount of liability insurance that regulated members are required to carry, or the organization in which regulated members must have membership, for the purposes of section 28 or 40; (y) respecting evidence to be provided of being a Canadian citizen or lawfully permitted to work or study in Canada; (z) respecting evidence to be provided of having good character and reputation; (aa) respecting the evidence to be provided of English language proficiency; (bb) respecting a register of regulated members including, without limitation, (i) respecting information to be provided to the registrar by regulated members under section 33, and (ii) respecting disclosure of information about its members; (cc) respecting the payment of a college’s expenses in accordance with section 45.1(6)(d); (dd) respecting conditions to be imposed on a regulated member within a continuing competence program. (2) The Regulations Act does not apply to bylaws under this section. RSA 2000 cH‑7 s132;2001 c21 s23;2003 c39 s5;2006 c19 s2(12); 2007 c32 s1(30);2016 c9 s9;2018 c15 s23;2020 c35 s96 Approval of programs and courses 132.1 Before the council approves or removes the approval from a program of study or an educational course under section 3, the council must consult with the Minister of Health and the Minister of Advanced Education and must consider the comments received from those Ministers. 2001 c21 s24;2006 c19 s2(13);2007 c32 s1(31); 2013 c10 s17;2022 c14 s3 Code of ethics, standards of practice 133 (1) A council may, in accordance with procedures set out in the bylaws, develop and propose the adoption of a code of ethics and standards of practice for a regulated profession and may develop and propose amendments to an adopted code of ethics or standards of practice. (2) The college must provide, for review and comment, a copy of a proposed code of ethics and proposed standards of practice and proposed amendments to (a) its regulated members, (b) the Minister, and (c) any other persons the council considers necessary. (3) A council may adopt a code of ethics and standards of practice and may adopt amendments to a code of ethics or standards of practice after it has reviewed and considered the comments received from a review described in subsection (2). (4) The Regulations Act does not apply to a code of ethics or to standards of practice adopted or amended under this section. (5) The college must ensure that copies of the code of ethics and standards of practice adopted under subsection (3) are readily available to the public and regulated members, and the copies may be distributed in the manner directed by the council. RSA 2000 cH‑7 s133;2007 c32 s1(32) Specific standards of practice 133.1 (1) A council must develop and propose standards of practice (a) setting out who is considered to be a patient for the purposes of the college’s regulated members, (b) respecting when a sexual relationship may occur between a regulated member or former member and a patient, and (c) respecting when a person who is a spouse of or in an adult interdependent relationship with a regulated member may also be a patient. (2) Factors that must be considered by a council under subsection (1)(b) and (c) include (a) whether there is or was a power imbalance between the regulated member and the patient, and if any existed, whether there is minimal risk of a continuing power imbalance between the regulated member and the patient, (b) the nature and extent of the professional relationship between the regulated member and the patient, and if relevant, whether sufficient time has passed since the last time professional services were provided to the patient by the regulated member, (c) whether the regulated member knew or ought to have known that the patient is or was the regulated member’s patient at the time the sexual relationship was established, (d) whether the regulated member has provided the patient with psychotherapeutic treatment, and (e) whether the patient is in need of urgent care. (3) A college must provide, for review and comment, a copy of the proposed standards of practice developed under this section to (a) its regulated members, (b) the Minister, and (c) any other persons the council considers necessary. (4) After a college has reviewed and considered comments received from a review described in subsection (3), and made any amendments that the college considers necessary to the proposed standards of practice, the council must submit any standards of practice developed under this section to the Minister for final approval. (5) A council may not adopt any standards of practice under this section unless the standards of practice have been approved by the Minister. (6) The Minister may set timelines for the development, proposal, review, comment and approval of standards of practice developed under this section. (7) The Regulations Act does not apply to standards of practice adopted under this section. (8) A college must ensure that copies of standards of practice adopted under this section are readily available to the public and regulated members, and the copies may be distributed in the manner directed by the council. (9) Standards of practice referred to in subsection (1) must be adopted by a council and come into force on or before March 31, 2019. (10) On or after April 1, 2019, the process set out in section 133 applies to proposed amendments to standards of practice adopted by a council under this section. 2018 c15 s24 Standards of practice respecting female genital mutilation 133.2 (1) A council must develop and propose standards of practice respecting female genital mutilation. (2) Section 133 applies in respect of the adoption of standards of practice under this section as if the standards of practice were adopted under section 133. (3) Standards of practice referred to in subsection (1) must be adopted by a council within 12 months after the later of (a) the coming into force of this section, and (b) the coming into force of the schedule to this Act that governs the college. 2022 c9 s11 Lieutenant Governor in Council regulations 134 (1) The Lieutenant Governor in Council may make regulations (a) respecting the expenses for the purposes of sections 82(1)(j) and 89(6); (b) respecting information to be provided by regulated members under section 33(4)(b); (c) authorizing the Minister to use, retain and disclose information that is disclosed to the Minister in accordance with this Act; (c.1) authorizing persons to receive information disclosed on the request of the Minister pursuant to section 122(1); (d) respecting fees under sections 31(6) and 41(8); (e) specifying organizations for the purposes of section 119(2); (f) respecting the consultation requirements to be followed before an order is made under section 135.1 or 135.2 or before a regulation is made under section 135.3 or 135.4; (f.1) subject to subsection (2), respecting the restricted activities that a practitioner or category of practitioners registered as regulated members of a college may perform; (g) respecting any other matter under this Act. (2) A regulation under subsection (1)(f.1) that adds or removes a restricted activity must be made on the recommendation of the Minister after the Minister has consulted with the affected college. RSA 2000 cH‑7 s134;2003 c39 s6;2007 c32 s1(33);2020 c35 s97 Ministerial regulations 134.1 The Minister may make regulations respecting inspectors, inspections and inspection committees for the purposes of Part 3.1. 2008 c34 s16 Transitional regulations 135 (1) The Lieutenant Governor in Council may make regulations (a) respecting the transition to this Act of anything under a former Act, including the interpretation of any transitional provision in this Act; (b) to remedy any confusion, difficulty, inconsistency or impossibility resulting from the transition to this Act from a former Act. (2) A regulation made under subsection (1) may be made retroactive to the extent set out in the regulation. (3) If there is a conflict between a regulation made under subsection (1) and a provision in a schedule to this Act, the regulation prevails. (4) A regulation made under subsection (1) is repealed on the earliest of (a) the coming into force of an amendment that adds the subject‑matter of the regulation to this Act; (b) the coming into force of a regulation that repeals the regulation made under subsection (1); (c) two years after the regulation comes into force. (5) The repeal of a regulation under subsection (4)(b) or (c) does not affect anything done, incurred or acquired under the authority of the regulation before the repeal of the regulation. 1999 cH‑5.5 s135 Part 8.1 Direction, Support and Variation Minister’s direction 135.1 (1) If in the opinion of the Minister it is in the public interest or if in the opinion of the Minister a direction would provide for matters related to health, safety or quality assurance, the Lieutenant Governor in Council, on the recommendation of the Minister after the Minister has consulted with the college in accordance with the regulations made under section 134(f), may, by order, direct a council to do any one or more of the following: (a) to adopt standards of practice or adopt amendments to its standards of practice under section 133, as set out in the order; (b) to make bylaws under section 132, as set out in the order; (c) to make regulations under section 131, or under a Schedule, as set out in the order; (d) to carry out any power or duty of a council under this Act or a bylaw, in the manner set out in the order. (2) Despite section 133 and the bylaws of a college, the Minister may, in an order under subsection (1), provide for the procedure to be followed in developing, proposing, consulting on and reviewing a regulation or bylaw to be made or standards of practice to be adopted or amendments to be adopted pursuant to subsection (1). (3) A council must, within 45 days of being given a copy of an order under this section or any other time period set out in the order, comply with an order made under this section. 2007 c32 s1(34) Support 135.2 (1) If (a) requested by a college, or (b) in the opinion of the Minister (i) a college requires support in carrying out its powers and duties under section 3, and (ii) it is in the public interest, the Lieutenant Governor in Council, on the recommendation of the Minister after the Minister has consulted with the college in accordance with the regulations made under section 134(f), may, by order, with respect to a college (c) provide for the appointment of one or more persons as administrators; (d) prescribe the term of office of any person appointed as an administrator; (e) authorize the payment of remuneration and expenses to any person appointed as an administrator; (f) authorize a person appointed as an administrator to carry out as specified in the order any of the powers and duties of the college and of its council, its officers and its committees under this Act and the bylaws. (2) The carrying out of a power or duty by a person appointed as an administrator pursuant to an order under subsection (1) is deemed to be the carrying out of a power or duty by the college, its council, its officers or its committees. 2007 c32 s1(34) Variation 135.3 The Lieutenant Governor in Council may, on the recommendation of the Minister after the Minister has consulted with the college in accordance with the regulations made under section 134(f), by regulation, vary any provision of this Act as the provision applies to a college and its council, its officers or its committees. 2007 c32 s1(34) Lieutenant Governor in Council regulations 135.4 (1) The Lieutenant Governor in Council may, with respect to any college, make any regulation that its council may make under section 131 or under a Schedule. (2) A regulation made under subsection (1) is deemed to be an approval of a regulation made by a council under section 131 or under a Schedule. (3) The Lieutenant Governor in Council may by order, with respect to a college, make any bylaw that a council may make under section 132. (4) A bylaw made under subsection (3) is deemed to be a bylaw made by a council under section 132. (5) The Lieutenant Governor in Council may by order, with respect to a college, make standards of practice or make amendments to standards of practice that a council may adopt after a review under section 133. (6) Standards of practice or amendments to the standards of practice made under subsection (5) are deemed to be standards of practice or amendments adopted by a council in accordance with section 133. (7) A regulation, a bylaw or standards of practice or an amendment to standards of practice made under this section prevails over any regulation, bylaw or standards of practice, as amended, made or adopted by a council, with which it conflicts or is inconsistent. (8) A regulation under subsection (1) or an order under subsection (3) or (5) made by the Lieutenant Governor in Council must be made on the recommendation of the Minister after the Minister has consulted with the college in accordance with the regulations made under section 134(f). (9) The Regulations Act does not apply to bylaws, standards of practice or amendments to standards of practice made under this section, but the bylaws, standards of practice or amendments to standards of practice must be published in Part 1 of The Alberta Gazette. 2007 c32 s1(34);2020 c35 s98 Minister’s direction 135.5 (1) Despite sections 133 and 133.1 and the bylaws of a college, if in the opinion of the Minister the standards of practice proposed under section 133.1 are not in the public interest, the Lieutenant Governor in Council may by order, on the recommendation of the Minister, make any standards of practice required under section 133.1. (2) Any standards of practice made under subsection (1) are deemed to be standards of practice adopted by a council. 2018 c15 s25 Part 8.2 Patient Relations Program and Funding for Treatment and Counselling Establishment of patient relations program 135.6 A college must establish a patient relations program. 2018 c15 s26 Patient relations program 135.7 (1) A patient relations program must include measures for preventing and addressing sexual abuse of and sexual misconduct towards patients by regulated members. (2) The measures for preventing and addressing sexual abuse of and sexual misconduct towards patients by regulated members must include (a) educational requirements for regulated members, (b) educational guidelines for the conduct of regulated members towards patients, (c) training requirements for the college’s staff, council members and any members appointed under section 13 or 15, (d) information for persons respecting the college’s complaints process, and (e) assistance in directing persons to appropriate resources, persons or organizations that may be able to assist them. (3) A patient relations program must perform any other functions prescribed in regulations. 2018 c15 s26 Annual report 135.8 (1) A council must provide an annual report on the activities of the patient relations program to the Minister. (2) A report under this section must include (a) a description of the program, (b) if any changes to the program were made, a description of those changes, and (c) any other information requested by the Minister. 2018 c15 s26 Funding for treatment and counselling 135.9 (1) A college must provide funding for the purposes of providing treatment or counselling for patients who meet the requirements set out in this section. (2) For the purposes of providing funding under this section, a college may establish its own fund or may jointly establish a fund with one or more colleges. (3) A college may appoint one or more persons to assist with the administration of the fund. (4) A patient is eligible for funding for treatment or counselling under this section if (a) a complaint is made respecting a regulated member that relates to sexual abuse of or sexual misconduct towards that patient by the regulated member, or (b) the patient meets the requirements set out in the regulations. (5) Funding under this section must be provided in accordance with the regulations. (6) A decision to provide funding under this section does not constitute a finding of unprofessional conduct against the investigated person and must not be considered in any proceedings under Part 4. 2018 c15 s26 Lieutenant Governor in Council regulations 135.91 The Lieutenant Governor in Council may make regulations (a) respecting the additional functions of a patient relations program; (b) respecting a patient’s eligibility for funding for treatment or counselling; (c) respecting the amount of funding for treatment or counselling that may be provided to a patient; (d) respecting how funding for treatment or counselling may be provided for a patient; (e) respecting when funding must be provided for treatment and counselling to a patient; (f) respecting the administration of the funding for treatment or counselling for patients; (g) respecting the recovery of any funding provided for treatment and counselling; (h) respecting treatment and counselling generally. 2018 c15 s26 Part 8.3 College Website College website 135.92 (1) A college must establish and maintain a website to be made available to members of the public at no charge. (2) A college’s website must include, at a minimum, the following information: (a) the college’s annual report; (b) the college’s regulations, bylaws, standards of practice and code of ethics; (c) information in the college’s directory referred to in section 21(1); (d) information respecting each regulated member set out in section 33(3)(a), (b.1) and (d) to (g); (e) a copy of any decision made by a hearing tribunal, council or court of unprofessional conduct based in whole or in part on sexual abuse or sexual misconduct, including any orders made under section 82; (f) whether a regulated member’s practice permit has been suspended or cancelled as a result of a decision of unprofessional conduct based in whole or in part on sexual abuse or sexual misconduct; (g) any conditions placed on an investigated person’s practice permit as a result of a decision of unprofessional conduct based in whole or in part on sexual misconduct and details respecting those conditions, as specified by the Minister, if any. (3) The information in subsection (2)(e) must be published indefinitely unless otherwise provided for in this Act. (4) If a college chooses to publish any information in addition to the information set out in subsection (2), the council must make a bylaw describing the additional information that may be published on the college’s website. (5) A regulated member may request the registrar to correct or remove any information published on the website that is inaccurate or incomplete if the regulated member provides the registrar with the information that is necessary to enable the registrar to correct the incomplete or inaccurate information. (6) Information published on a college’s website must be easily accessible by a member of the public. (7) The Minister may prescribe guidelines respecting the manner in which information must be set out on a college’s website and the format in which the information must be published on the college’s website. (8) Decisions published under this section must only relate to findings of unprofessional conduct made after the coming into force of this section. 2018 c15 s26 Exceptions to disclosure 135.93 (1) The registrar may refuse to disclose information to a person or publish information on the college’s website if, in the registrar’s opinion, the registrar has reasonable grounds to believe that the information (a) subject to subsection (2), is likely to cause harm to one or more persons, or (b) is no longer relevant to the regulated member’s suitability to practise. (2) For the purposes of determining whether the disclosure of information referred to in subsection (1) is likely to cause harm, the registrar shall not consider whether the reputation of the regulated member or any related practice in association may be harmed by the disclosure. (3) Subject to subsection (4), the registrar must not disclose information to a person or publish information on the college’s website if the information is related to a complaint process under Part 4 where there has been a decision of the hearing tribunal, council or court that the conduct of the investigated person did not constitute unprofessional conduct in relation to an allegation of sexual abuse or sexual misconduct. (4) The registrar must comply with the request of a regulated member to not disclose or publish information where there has been a decision by a hearing tribunal, council or court that the conduct of the regulated member does not constitute unprofessional conduct in relation to an allegation of sexual abuse or sexual misconduct and proceedings with respect to the complaint that was the subject of the hearing or appeal, if any, have been fully disposed of and concluded. (5) If the registrar discloses a person’s personal or health information to another person or publishes a person’s personal or health information on the college’s website, the registrar must only disclose that information (a) if it is in the public interest to do so, and (b) only to the extent that the information disclosed is reasonably necessary. 2018 c15 s26 Ministerial regulations 135.94 The Minister may make regulations prescribing additional information that must be published on a college’s website. 2018 c15 s26 Part 9 Consequential Amendments, Repeals and Coming into Force 136 to 138 (These sections make consequential amendments to other Acts. The amendments have been incorporated into those Acts.) 140 (This section amends another Act;
Part document.segment-6
Health Professions Act — segment 6
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Health Professions Act — segment 6
This segment lists repeals, commencement timing, and transitional rules for several health profession schedules.
the amendment has been incorporated into that Act.) 141 Repealed 2005 c13 s8. 142 to 146 (These sections make consequential amendments to other Acts; the amendments have been incorporated into those Acts.) 147 (1) Repealed 2002 cS‑20.5 s24. (2) to (6) (These subsections amend other Acts; the amendments have been incorporated into those Acts.) 148 to 151 (These sections amend other Acts; the amendments have been incorporated into those Acts.) 152 (1) (This provision has been consolidated.) (2) Repealed 2013 cS‑19.3 s3. 153 (1) Repealed 2003 c16 s117. (2) to (4) (These provisions have been consolidated.) 154 Repealed 2003 c16 s117. 155 (This section amends another Act; the amendments have been incorporated into that Act.) Repeals 156 The following are repealed: (a) Chiropractic Profession Act ; (NOTE: Clause (a) effective March 1, 2007.) (b) Dental Mechanics Act ; (NOTE: Clause (b) effective September 1, 2002.) (c) Dental Profession Act ; (NOTE: Clause (c) effective December 31, 2001.) (d) Medical Profession Act ; (NOTE: Clause (d) effective December 16, 2009.) (e) Nursing Profession Act ; (NOTE: Clause (e) effective November 30, 2005.) (f) Occupational Therapy Profession Act ; (NOTE: Clause (f) effective October 5, 2006.) (g) Opticians Act ; (NOTE: Clause (g) effective March 23, 2011.) (h) Optometry Profession Act ; (NOTE: Clause (h) effective April 1, 2003.) (i) Physical Therapy Profession Act ; (NOTE: Clause (i) effective May 8, 2011.) (j) Podiatry Act ; (NOTE: Clause (j) effective July 2, 2012.) (k) Psychology Profession Act ; (NOTE: Clause (k) effective January 15, 2006.) (l) Registered Dietitians Act ; (NOTE: Clause (l) effective May 1, 2002.) (m) Social Work Profession Act ; (NOTE: Clause (m) effective April 1, 2003.) (n) Health Disciplines Act , except the Schedule; (NOTE: Clause (n) effective December 30, 2020.) (o) clause (a) of the Schedule to the Health Disciplines Act ; (NOTE: Clause (o) effective September 15, 2016.) (p) clause (b) of the Schedule to the Health Disciplines Act ; (NOTE: Clause (p) effective May 27, 2009.) (q) clause (c) of the Schedule to the Health Disciplines Act ; (NOTE: Clause (q) effective May 1, 2005.) (r) clause (d) of the Schedule to the Health Disciplines Act ; (NOTE: Clause (r) effective November 25, 2005.) (s) clause (e) of the Schedule to the Health Disciplines Act ; (NOTE: Clause (s) effective April 12, 2003.) (t) repealed 2013 cS‑19.3 s12; (u) clause (g) of the Schedule to the Health Disciplines Act ; (NOTE: Clause (u) effective December 30, 2020.) (v) clause (h) of the Schedule to the Health Disciplines Act ; (NOTE: Clause (v) effective July 1, 2002.) (w) clause (i) of the Schedule to the Health Disciplines Act ; (NOTE: Clause (w) effective April 1, 2006.) (x) clause (j) of the Schedule to the Health Disciplines Act ; (NOTE: Clause (x) effective November 25, 2005.) (y) clause (k) of the Schedule to the Health Disciplines Act ; (NOTE: Clause (y) effective May 1, 2005.) (z) clause (l) of the Schedule to the Health Disciplines Act; (NOTE: Clause (z) effective March 1, 2002.) (aa) clause (m) of the Schedule to the Health Disciplines Act ; (NOTE: Clause (aa) effective April 1, 2019.) (bb) repealed 2013 cS‑19.3 s12; (cc) Dental Disciplines Act , except sections 1(e)(i) to (iii), (f), (g) and (l), 2 to 4, 7(1) to (3) and 75(1)(a)(i) to (iii); (NOTE: Clause (cc) effective October 31, 2006.) (dd) sections 1(e)(i) and (f), 2, 7(1) and 75(1)(a)(i) of the Dental Disciplines Act ; (NOTE: Clause (dd) effective October 31, 2006.) (ee) sections 1(e)(ii) and (g), 3, 7(2) and 75(1)(a)(ii) of the Dental Disciplines Act ; (NOTE: Clause (ee) effective October 19, 2004.) (ff) sections 1(e)(iii) and (l), 4, 7(3) and 75(1)(a)(iii) of the Dental Disciplines Act . (NOTE: Clause (ff) effective January 1, 2006.) RSA 2000 cH‑7 s156;2013 cS‑19.3 s12 Coming into force 157 This Act, except for section 143(3), comes into force on Proclamation. 1999 cH‑5.5 s157 (NOTE: Parts 1 to 8, except sections 22, 23, 24, 25 and 26, sections 136, 137, 138 and 145, except subsection (2.1), section 155, except subsections (1)(c), (3) and (6), sections 156(c), 158 and 159 and Schedule 7, except sections 11 to 18, proclaimed in force December 31, 2001. Section 156(z) and Schedule 11 proclaimed in force March 1, 2002. Sections 1, 22, 23, 24, 25, 26 and 156(l) and Schedule 23 proclaimed in force May 1, 2002. Section 156(v) and Schedules 9 and 28 proclaimed in force July 1, 2002. Sections 144 and 156(b) and Schedule 8 proclaimed in force September 1, 2002. Section 145(2.1) and Schedule 7 sections 11 to 18 proclaimed in force January 1, 2003. Sections 149, 154 and 156(h) and (m) and Schedules 17 and 27 proclaimed in force April 1, 2003. Sections 155(3) and 156(s) and Schedule 10 proclaimed in force April 12, 2003. Section 156(ee) and Schedule 6 proclaimed in force October 19, 2004. Section 156(q) and (y) and Schedule 12 proclaimed in force May 1, 2005. Section 156(r) and (x) and Schedule 25 proclaimed in force November 25, 2005. Sections 147(2) to (6) and 156(e) and Schedule 24 proclaimed in force November 30, 2005. Section 156(ff) and Schedule 4 proclaimed in force January 1, 2006. Sections 153 and 156(k) and Schedule 22 proclaimed in force January 15, 2006. Sections 155(6) and 156(w) and Schedule 3 proclaimed in force April 1, 2006. Section 150(1) to (3) and Schedule 19 proclaimed in force on the coming into force of the Pharmacy and Drug Act. Pharmacy and Drug Act proclaimed in force April 1, 2007. Section 156(f) and Schedule 15 proclaimed in force October 5, 2006. Section 156(cc) and (dd) and Schedule 5 proclaimed in force October 31, 2006. Sections 143(1), (2) and (4) and 156(a) and Schedule 2 proclaimed in force March 1, 2007. Section 156(p) and Schedule 26 proclaimed in force May 27, 2009. Sections 142, 146 and 156(d) and Schedule 21 proclaimed in force December 16, 2009. Sections 148(2) and (4) and 156(g) and Schedule 16 proclaimed in force March 23, 2011. Sections 151 and 156(i) and Schedule 20 proclaimed in force May 8, 2011. Sections 152(1)(a) and (c) and 156(j) and Schedule 21.1 proclaimed in force July 2, 2012. Sections 140 and 156(o) and Schedule 18 proclaimed in force September 15, 2016. Sections 155(1)(c) and 156(n) and (u) and Schedule 1 proclaimed in force December 30, 2020.) Part 10 Profession‑Specific Provisions Unprofessional conduct fines table 158 For the purposes of this Act, the unprofessional conduct fines table is the following: Unprofessional Conduct Fines Table The following columns of maximum fines apply to proceedings under Part 4: Column 1 Column 2 Column 3 maximum fine for each finding of unprofessional conduct $1000 $5000 $10 000 maximum aggregate fine for all findings of unprofessional conduct arising out of a hearing $5000 $25 000 $50 000 1999 cH‑5.5 s158 Interpretation 159 (1) In this Part, “proceedings” means all of the steps and procedures that are available under a former Act to investigate or inquire into conduct and to resolve a complaint, including any of the following that relate to the investigation, inquiry or complaint: (a) receipt of complaints; (b) consideration of complaints; (c) deliberations; (d) consultations; (e) mediation settlements and other alternative complaint resolution processes; (f) investigations; (g) inquiries; (h) reports; (i) hearings; (j) findings; (k) decisions; (l) reviews; (m) appeals; (n) orders; (o) any other act of an administrative or quasi‑judicial nature. (2) Despite section 1(2), in the schedules a reference to “this Act” includes the regulations and bylaws under this Act. (3) For the purposes of clarification, sections 18(7) and 19(4) apply to the schedules. (4) For the purposes of the schedules, a hearing or an appeal is concluded if a decision has been made and an order, if any, has been made. 1999 cH‑5.5 s159 Schedule 1 Profession of Acupuncturists College and records 1 (1) On the coming into force of this Schedule, a society incorporated under the Societies Act that is designated by an order of the Lieutenant Governor in Council is continued as a corporation under the name College of Acupuncturists of Alberta. (2) On the coming into force of this Schedule, the College of Acupuncturists of Alberta has the ownership, custody and control of records of the Health Disciplines Board respecting the following: (a) current and former complaints and allegations of professional misconduct or incompetence made against registered members of the designated health discipline of Acupuncturists under the Health Disciplines Act and proceedings taken under the Health Disciplines Act in respect of those complaints and allegations, (b) current and former applications for registration as registered members in the designated health discipline of Acupuncturists under the Health Disciplines Act and the educational qualifications of applicants for registration in the designated health discipline of Acupuncturists, (c) registered members and former registered members in the designated health discipline of Acupuncturists under the Health Disciplines Act and any registers or other material relating to registration and conditions, restrictions or limitations on registration, (d) decisions and orders made with respect to registered members or former registered members in the designated health discipline of Acupuncturists under the Health Disciplines Act , and (e) records and information referred to in section 61 of the Health Disciplines Act relating to the designated health discipline of Acupuncturists under the Health Disciplines Act . (3) Despite section 35(b) of the Freedom of Information and Protection of Privacy Act , on the coming into force of this Schedule the College of Acupuncturists of Alberta has the ownership, custody and control of records described in subsection (2), and the records must be given to the College of Acupuncturists of Alberta. (4) The Minister may request and collect information and records described in subsection (2) from the College of Acupuncturists of Alberta for purposes directly related to or necessary for any proceeding, including an appeal described in section 8(5) of this Schedule and preparation for a proceeding, with respect to an action or claim, or with respect to the negotiation or settlement of an action or claim before it is before a Court or while it is before a Court, and the Minister may disclose the information or records collected, as the Minister considers appropriate, in carrying out those purposes. Use of titles, etc. 2 A regulated member of the College of Acupuncturists of Alberta may, as authorized by the regulations, use any of the following titles, abbreviations and initials: (a) doctor of acupuncture; (b) acupuncturist; (c) repealed 2001 c21 s29; (d) intern acupuncturist; (e) R. Ac.; (f) Ac. RSA 2000 cH‑7 Sched. 1 s2;2001 c21 s29 Practice 3 In their practice, acupuncturists do one or more of the following: (a) diagnose, treat and prevent diseases, disorders and dysfunctions using methods based on the holistic principles of traditional Chinese medicine and on using methods of stimulating acupuncture points and meridians, (b) provide restricted activities authorized by the regulations, and (c) teach, manage and conduct research in the science, techniques and practice of acupuncture. RSA 2000 cH‑7 Sched. 1 s3;2009 c46 s2 Fines 4 Column 1 of the unprofessional conduct fines table applies to proceedings of the College of Acupuncturists of Alberta under Part 4. Transitional 5 On the coming into force of this Schedule, if a referral has been made under section 30 of the Health Disciplines Act or a determination has been made under section 31 of the Health Disciplines Act that a hearing should be held and the hearing has commenced but not concluded, the members of the committee, as defined in section 27 of the Health Disciplines Act , continue as members of that committee for the purposes of the hearing until it is concluded, as if this Schedule and Part 4 had not come into force and the former Act had not been repealed with respect to the designated health discipline of Acupuncturists. Transitional 6 On the coming into force of this Schedule, a person who is registered as a member of the designated health discipline of Acupuncturists under the Health Disciplines Act is deemed to be registered as a regulated member of, and is deemed to have been issued a practice permit by the registrar of, the College of Acupuncturists of Alberta under this Act subject to the same conditions as under the former Act until the practice permit expires or is cancelled under this Act. Transitional 7 (1) On the coming into force of this Schedule, an application for registration, temporary registration or renewal of registration as a member of the designated health discipline of Acupuncturists under the Health Disciplines Act that has not been concluded must be concluded in accordance with that Act. (2) For the purposes of subsection (1), the powers and duties (a) of the Director of Health Disciplines and of the registrar of the designated health discipline of Acupuncturists under the Health Disciplines Act are vested in and may be exercised by the registrar of the College of Acupuncturists of Alberta, and any reference to the Director of Health Disciplines or the registrar in the Health Disciplines Act is deemed to be a reference to the registrar under this Act; (b) of the Acupuncture Committee under the Health Disciplines Act are vested in and may be exercised by the registration committee of the College of Acupuncturists of Alberta, and any reference to a committee in the Health Disciplines Act is deemed to be a reference to the registration committee under this Act; (c) of the Health Disciplines Board under the Health Disciplines Act are vested in and may be exercised by the council of the College of Acupuncturists of Alberta and any reference to the Health Disciplines Board in the Health Disciplines Act is deemed to be a reference to the council under this Act. (3) On the coming into force of this Schedule, a program of studies and an examination approved by the Health Disciplines Board under the Acupuncture Regulation (AR 42/88) continue as an approved program of studies and examination for the purposes of subsection (1). (4) For the purposes of subsection (1), a form referred to in section 24(1) of the Health Disciplines Act is deemed to be a reference to a form provided for by the bylaws. (5) A person who is registered, or whose registration is renewed, under this section is deemed to be registered as a regulated member of, and deemed to have been issued a practice permit by the registrar of, the College of Acupuncturists of Alberta under this Act subject to the same conditions until the practice permit expires or is cancelled under this Act. Transitional 8 (1) Any complaint made on or after the coming into force of this Schedule that relates to conduct occurring all or partly before the coming into force of this Schedule must be dealt with under this Act. (2) On the coming into force of this Schedule, any proceedings with respect to a complaint made under the Health Disciplines Act or with respect to a preliminary investigation commenced under section 29(2) of the Health Disciplines Act , before the coming into force of this Schedule, with respect to the designated health discipline of Acupuncturists under the Health Disciplines Act that have not been concluded, must be concluded in accordance with that Act. (3) Subject to section 5 of this Schedule and subsection (5), for the purposes of subsection (2), the powers and duties (a) of the registrar of the designated health discipline of Acupuncturists under the Health Disciplines Act , except under section 32(1), are vested in and may be exercised by the complaints director of the College of Acupuncturists of Alberta, and any reference to the registrar in the Health Disciplines Act , except in section 32(1), is deemed to be a reference to the complaints director under this Act; (b) of the registrar under section 32(1) of the Health Disciplines Act are vested in and may be exercised by the president of the College of Acupuncturists of Alberta, and any reference to the registrar in section 32(1) of the Health Disciplines Act is deemed to be a reference to the president under this Act; (c) of the chair of a committee under Part 4 of the Health Disciplines Act are vested in and may be exercised by the complaints director of the College of Acupuncturists of Alberta, and any reference to the chair in Part 4 of the Health Disciplines Act is deemed to be a reference to the complaints director under this Act; (d) of the Director of Health Disciplines under the Health Disciplines Act , except under sections 17(8) and 29(2), are vested in and may be exercised by the hearings director of the College of Acupuncturists of Alberta, and any reference to the Director of Health Disciplines in the Health Disciplines Act , except in sections 17(8) and 29(2), is deemed to be a reference to the hearings director under this Act; (e) of the committee under section 31 of the Health Disciplines Act are vested in and may be exercised by the complaint review committee of the College of Acupuncturists of Alberta, and any reference to a committee in section 31 of the Health Disciplines Act is deemed to be a reference to the complaint review committee under this Act; (f) of the committee under Part 4 of the Health Disciplines Act , except under section 31, are vested in and may be exercised by a hearing tribunal of the College of Acupuncturists of Alberta, and any reference to the committee in Part 4 of the Health Disciplines Act , except in section 31, is deemed to be a reference to the hearing tribunal under this Act; (g) of the Health Disciplines Board under the Health Disciplines Act are vested in and may be exercised by the council of the College of Acupuncturists of Alberta, and any reference to the Health Disciplines Board in the Health Disciplines Act is deemed to be a reference to the council under this Act; (h) of the governing body of the association under Part 5 of the Health Disciplines Act are vested in and may be exercised by the council of the College of Acupuncturists of Alberta, and any reference to the governing body of the association in Part 5 of the Health Disciplines Act is deemed to be a reference to the council under this Act; (i) of the Director of Health Disciplines under section 29(2) of the Health Disciplines Act are vested in and may be exercised by the complaints director of the College of Acupuncturists of Alberta, and any reference to the Director in section 29(2) of the Health Disciplines Act is deemed to be a reference to the complaints director under this Act. (4) For the purposes of subsection (2), a reference to registration in section 42 of the Health Disciplines Act is deemed to be a reference to registration and a practice permit under this Act. (5) If on the coming into force of this Schedule the Health Disciplines Board has commenced but not concluded hearing an appeal, the members of the Board continue as the Board for the purposes of hearing the appeal until it is concluded, as if this Schedule and Part 4 had not come into force and the former Act had not been repealed with respect to the designated health discipline of Acupuncturists. (6) Any decision and order made by a committee, as defined in Part 4 of the Health Disciplines Act , the Health Disciplines Board, a hearing tribunal or the council pursuant to this section is deemed to be a decision and order of a hearing tribunal or the council under this Act. (NOTE: Schedule 1 proclaimed in force December 30, 2020.) Schedule 2 Profession of Chiropractors Continuation of corporation 1 The corporation known as Alberta College and Association of Chiropractors is continued as a corporation under the name College of Chiropractors of Alberta. RSA 2000 cH‑7 Sched. 2 s1;2006 c19 s2(14);2023 c9 s12 Use of titles, etc. 2 A regulated member of the College of Chiropractors of Alberta may, as authorized by the regulations, use any of the following titles, abbreviations and initials: (a) Chiropractor; (b) Doctor of Chiropractic; (c) D.C. RSA 2000 cH‑7 Sched. 2 s2;2006 c19 s2(14);2023 c9 s12 Practice 3 In their practice, chiropractors do one or more of the following: (a) examine, diagnose and treat, through chiropractic adjustment and other means taught in the core curriculum of accredited chiropractic programs, to maintain and promote health and wellness, (a.1) teach, manage and conduct research in the science, techniques and practice of chiropractic, and (b) provide restricted activities authorized by the regulations. RSA 2000 cH‑7 Sched. 2 s3;2008 c34 s20;2016 c9 s10 Fines 4 Column 3 of the unprofessional conduct fines table applies to proceedings of the College of Chiropractors of Alberta under Part 4. RSA 2000 cH‑7 Sched. 2 s4;2006 c19 s2(14);2023 c9 s12 Transitional 5 On the coming into force of this Schedule, (a) the members of the Council under the Chiropractic Profession Act continue as members of the council of the Alberta College and Association of Chiropractors under this Act for the same terms of office unless their terms are terminated earlier under this Act; (b) the Registrar of The College of Chiropractors of Alberta under the Chiropractic Profession Act continues as the registrar of the Alberta College and Association of Chiropractors under this Act for the same term of office unless the term is terminated earlier under this Act; (c) the president of The College of Chiropractors of Alberta under the Chiropractic Profession Act continues as the president of the Alberta College and Association of Chiropractors under this Act for the same term of office unless the term is terminated earlier under this Act; (d) if a review of a practice has commenced but not concluded, the members of the Practice Review Board of The College of Chiropractors of Alberta under the Chiropractic Profession Act continue as members of the Practice Review Board for the purposes of the review and as members of the competence committee of the Alberta College and Association of Chiropractors under this Act until the practice review is concluded, as if this Schedule and Part 3 had not come into force and the former Act had not been repealed; (e) if a referral has been made to the Discipline Committee under section 46(b) of the Chiropractic Profession Act and the hearing has commenced but not concluded, the members of the Discipline Committee continue as members of the Discipline Committee for the purposes of the hearing until it is concluded, as if this Schedule and Part 4 had not come into force and the former Act had not been repealed. RSA 2000 cH‑7 Sched. 2 s5;2006 c19 s2(14) Transitional 5.1 On the coming into force of this section, (a) the members of the council of the Alberta College and Association of Chiropractors continue as members of the council of the College of Chiropractors of Alberta for the same terms of office unless their terms are terminated earlier under this Act; (b) the registrar of the Alberta College and Association of Chiropractors continues as the registrar of the College of Chiropractors of Alberta for the same term of office unless the term is terminated earlier under this Act; (c) the president of the Alberta College and Association of Chiropractors continues as the president of the College of Chiropractors of Alberta for the same term of office unless the term is terminated earlier under this Act; (d) the members of the competence committee of the Alberta College and Association of Chiropractors continue as members of the competence committee of the College of Chiropractors of Alberta for the same terms of office unless their terms are terminated earlier under this Act; (e) the members of the registration committee of the Alberta College and Association of Chiropractors continue as members of the registration committee of the College of Chiropractors of Alberta for the same terms of office unless their terms are terminated earlier under this Act. 2023 c9 s12 Transitional 6 (1) On the coming into force of this Schedule, a person who is a registered member or a registered practitioner under the Chiropractic Profession Act is deemed to be registered as a regulated member of, and is deemed to have been issued a practice permit by the registrar of, the Alberta College and Association of Chiropractors under this Act subject to the same conditions as under the former Act until the practice permit expires or is cancelled under this Act. (2) On the coming into force of this Schedule, a professional corporation that holds a permit under the Chiropractic Profession Act is deemed to be registered on the record of professional corporations of the Alberta College and Association of Chiropractors and is deemed to have been issued an annual permit under this Act until the annual permit expires or is cancelled under this Act. RSA 2000 cH‑7 Sched. 2 s6;2006 c19 s2(14) Transitional 6.1 On the coming into force of this section, a person who is registered as a regulated member of, and has been issued a practice permit by the registrar of, the Alberta College and Association of Chiropractors is deemed to be registered as a regulated member of, and to have been issued a practice permit by the registrar of, the College of Chiropractors of Alberta subject to the same conditions as under the original registration until the practice permit expires or is cancelled under this Act. 2023 c9 s12 Transitional 7 (1) On the coming into force of this Schedule, an application for registration as a registered member, for a permit under section 21 of the Chiropractic Profession Act or for renewal of an annual certificate or for reinstatement that has not been concluded must be concluded in accordance with that Act. (2) For the purposes of subsection (1), the powers and duties (a) of the Registrar under the Chiropractic Profession Act are vested in and may be exercised by the registrar of the Alberta College and Association of Chiropractors under this Act, and any reference to the Registrar in the Chiropractic Profession Act is deemed to be a reference to the registrar under this Act; (b) of the Universities Co‑ordinating Council under the Chiropractic Profession Act are vested in and may be exercised by the registrar of the Alberta College and Association of Chiropractors under this Act, and any reference to the Universities Co‑ordinating Council in the Chiropractic Profession Act is deemed to be a reference to the registrar under this Act; (c) of the Registration Committee under the Chiropractic Profession Act are vested in and may be exercised by the registrar of the Alberta College and Association of Chiropractors under this Act, and any reference to the Registration Committee in the Chiropractic Profession Act is deemed to be a reference to the registrar of the Alberta College and Association of Chiropractors under this Act; (d) of the Council under the Chiropractic Profession Act are vested in and may be exercised by the council of the Alberta College and Association of Chiropractors under this Act, and any reference to the Council in the Chiropractic Profession Act is deemed to be a reference to the council under this Act; (e) of the committee of inquiry appointed pursuant to regulations under the Chiropractic Profession Act are vested in and may be exercised by the registrar of the Alberta College and Association of Chiropractors under this Act, and any reference to a committee of inquiry in the Chiropractic Profession Act or the regulations under that Act is deemed to be a reference to the registrar of the Alberta College and Association of Chiropractors appointed pursuant to this Act. (3) On the coming into force of this Schedule, an academic institution designated as an approved faculty of chiropractic or a chiropractic professional association designated as an approved chiropractic professional association under the Chiropractic Profession Act continues to be an approved faculty of chiropractic or an approved chiropractic professional association for the purposes of subsection (1). (4) A person who is registered or reinstated under this section is deemed to be registered, subject to the same conditions, as a regulated member of, and deemed to have been issued a practice permit under this Act by the registrar of, the Alberta College and Association of Chiropractors under this Act subject to the same conditions until the practice permit expires or is cancelled under this Act. (5) A corporation that is issued a permit or reinstated under this section is deemed to be registered on the record of professional corporations of the Alberta College and Association of Chiropractors and is to be issued an annual permit under this Act until the annual permit expires or is cancelled under this Act. RSA 2000 cH‑7 Sched. 2 s7;2006 c19 s2(14); 2007 c32 s1(40) Transitional 8 (1) On the coming into force of this Schedule, a review of a practice under the Chiropractic Profession Act that has not been concluded must be concluded in accordance with that Act. (2) For the purposes of subsection (1), the powers and duties (a) of the Practice Review Board under the Chiropractic Profession Act are vested in and may be exercised by the competence committee of the Alberta College and Association of Chiropractors, and any reference to the Practice Review Committee in the Chiropractic Profession Act is deemed to be a reference to a competence committee under this Act, but if a complaint is to be made under section 38(2) of the Chiropractic Profession Act after this Schedule comes into force, that complaint must be made to the complaints director of the Alberta College and Association of Chiropractors under this Act and be dealt with under this Act; (b) of the Council under the Chiropractic Profession Act are vested in and may be exercised by the council of the Alberta College and Association of Chiropractors, and any reference to the Council in the Chiropractic Profession Act is deemed to be a reference to the council under this Act; (c) of the Registrar under the Chiropractic Profession Act are vested in and may be exercised by the complaints director of the Alberta College and Association of Chiropractors, and any reference to the Registrar in the Chiropractic Profession Act is deemed to be a reference to the complaints director under this Act; (d) of the president under the Chiropractic Profession Act are vested in and may be exercised by the president of the Alberta College and Association of Chiropractors, and any reference to the president in the Chiropractic Profession Act is deemed to be a reference to the president under this Act; (e) of the chair of the Practice Review Board under section 39(3) of the Chiropractic Profession Act are vested in and may be exercised by the complaints director of the Alberta College and Association of Chiropractors and any reference to the chair of the Practice Review Board in section 39(3) of the Chiropractic Profession Act is deemed to be a reference to the complaints director under this Act. (3) For the purposes of subsection (2), references to a certificate of registration, an annual certificate or a permit in section 39 of the Chiropractic Profession Act are deemed to be references to a certificate of registration, practice permit or annual permit under this Act. RSA 2000 cH‑7 Sched. 2 s8;2006 c19 s2(14) Transitional 9 (1) Any complaint made on or after the coming into force of this Schedule that relates to conduct occurring all or partly before the coming into force of this Schedule must be dealt with under this Act. (2) On the coming into force of this Schedule, any proceedings with respect to a complaint made under the Chiropractic Profession Act or an investigation commenced or a person appointed to commence an investigation under section 44 of the Chiropractic Profession Act before the coming into force of this Schedule that have not been concluded must be concluded in accordance with that Act. (3) Subject to section 5(e) of this Schedule and subsection (5), for the purposes of subsection (2), the powers and duties (a) of the Registrar under the Chiropractic Profession Act , except under sections 53(3) and 57, are vested in and may be exercised by the complaints director of the Alberta College and Association of Chiropractors under this Act, and any reference to the Registrar in the Chiropractic Profession Act , except in section 53(3) or 57, is deemed to be a reference to the complaints director under this Act; (b) of the Registrar under sections 53(3) and 57 of the Chiropractic Profession Act are vested in and may be exercised by the hearings director of the Alberta College and Association of Chiropractors under this Act, and any reference to the Registrar in section 53(3) or 57 of the Chiropractic Profession Act is deemed to be a reference to the hearings director under this Act; (c) of a person conducting a preliminary investigation under the Chiropractic Profession Act are vested in and may be exercised by a complaints director or an investigator appointed under this Act, and any reference to that person in the Chiropractic Profession Act is deemed to be a reference to the complaints director or the investigator under this Act; (d) of a member of the Discipline Committee referred to in sections 45 to 47 of the Chiropractic Profession Act are vested in and may be exercised by the complaints director of the Alberta College and Association of Chiropractors, and any reference to a member of the Discipline Committee in sections 45 to 47 of the Chiropractic Profession Act is deemed to be a reference to the complaints director under this Act; (e) of the chair under Part 6 of the Chiropractic Profession Act are vested in and may be exercised by the complaints director of the Alberta College and Association of Chiropractors, and any reference to the chair in Part 6 of the Chiropractic Profession Act is deemed to be a reference to the complaints director under this Act; (f) of the president under the Chiropractic Profession Act are vested in and may be exercised by the president of the Alberta College and Association of Chiropractors, and any reference to the president in the Chiropractic Profession Act is deemed to be a reference to the president under this Act; (g) of the Discipline Committee under the Chiropractic Profession Act , except under section 48, are vested in and may be exercised by a hearing tribunal of the Alberta College and Association of Chiropractors, and any reference to the Discipline Committee in the Chiropractic Profession Act , except in section 48, is deemed to be a reference to the hearing tribunal under this Act; (h) of the Discipline Committee under section 48 of the Chiropractic Profession Act are vested in and may be exercised by the complaint review committee of the Alberta College and Association of Chiropractors, and any reference to the Discipline Committee in section 48 of the Chiropractic Profession Act is deemed to be a reference to the complaint review committee under this Act; (i) of the Council under the Chiropractic Profession Act , except under sections 50 and 70(1), are vested in and may be exercised by the council of the Alberta College and Association of Chiropractors, and any reference to the Council in the Chiropractic Profession Act , except in section 50 or 70(1), is deemed to be a reference to the council under this Act; (j) of the Council under sections 50 and 70(1) of the Chiropractic Profession Act are vested in and may be exercised by the complaints director of the Alberta College and Association of Chiropractors, and any reference to the Council in section 50 or 70(1) of the Chiropractic Profession Act is deemed to be a reference to the complaints director under this Act; (k) of the College under section 56(3) of the Chiropractic Profession Act are vested in and may be exercised by the hearings director of the Alberta College and Association of Chiropractors, and any reference to the College in section 56(3) of the Chiropractic Profession Act is deemed to be a reference to the hearings director under this Act; (l) of the College under sections 68 and 70 of the Chiropractic Profession Act are vested in and may be exercised by the complaints director of the Alberta College and Association of Chiropractors, and any reference to the College in section 68 or 70 of the Chiropractic Profession Act is deemed to be a reference to the complaints director under this Act; (m) of a member of the Discipline Committee who is also a member of Council as described in section 70(2) of the Chiropractic Profession Act are vested in and may be exercised by a member of a hearing tribunal who is a member of the council of the Alberta College and Association of Chiropractors under this Act, and any reference to a member of the Discipline Committee in section 70(2) of the Chiropractic Profession Act is deemed to be a reference to a member of the hearing tribunal who is a member of the council under this Act. (4) For the purposes of subsection (2), references to a certificate of registration and an annual certificate in Part 6 of the Chiropractic Profession Act are deemed to be references to registration and a practice permit under this Act. (5) If on the coming into force of this Schedule the Council under the Chiropractic Profession Act has commenced but not concluded hearing an appeal, the members of the Council continue as the Council for the purposes of hearing the appeal until it is concluded, as if this Schedule and Part 4 had not come into force and the former Act had not been repealed. (6) Any decision and order made by the Discipline Committee, the Council, a hearing tribunal or a council pursuant to this section is deemed to be a decision and order of a hearing tribunal or the council under this Act. RSA 2000 cH‑7 Sched. 2 s9;2006 c19 s2(14) (NOTE: Schedule 2 proclaimed in force March 1, 2007.) Schedule 3 Profession of Combined Laboratory and X‑Ray Technologists College and records 1 (1) On the coming into force of this Schedule, the corporation known as the Alberta College of Combined Laboratory and X‑ray Technicians is continued as a corporation under the name Alberta College of Combined Laboratory and X‑ray Technologists. (2) On the coming into force of this Schedule, the Alberta College of Combined Laboratory and X‑ray Technologists has the ownership, custody and control of records of the Health Disciplines Board respecting the following: (a) current and former complaints and allegations of professional misconduct or incompetence made against registered members of the designated health discipline of Combined Laboratory X‑ray Technicians under the Health Disciplines Act and proceedings taken under the Health Disciplines Act in respect of those complaints and allegations, (b) current and former applications for registration as registered members in the designated health discipline of Combined Laboratory X‑ray Technicians under the Health Disciplines Act and the educational qualifications of applicants for registration in the designated health discipline of Combined Laboratory X‑ray Technicians, (c) registered members and former registered members in the designated health discipline of Combined Laboratory X‑ray Technicians under the Health Disciplines Act and any registers or other material relating to registration and conditions, restrictions or limitations on registration, (d) decisions and orders made with respect to registered members or former registered members in the designated health discipline of Combined Laboratory X‑ray Technicians under the Health Disciplines Act , and (e) records and information referred to in section 61 of the Health Disciplines Act relating to the designated health discipline of Combined Laboratory X‑ray Technicians under the Health Disciplines Act . (3) Despite section 35(b) of the Freedom of Information and Protection of Privacy Act , on the coming into force of this Schedule the Alberta College of Combined Laboratory and X‑ray Technologists has the ownership, custody and control of records described in subsection (2), and the records must be given to the Alberta College of Combined Laboratory and X‑ray Technologists. (4) The Minister may request and collect information and records described in subsection (2) from the Alberta College of Combined Laboratory and X‑ray Technologists for purposes directly related to or necessary for any proceeding, including an appeal described in section 8(5) of this Schedule and preparation for a proceeding, with respect to an action or claim, or with respect to the negotiation or settlement of an action or claim before it is before a Court or while it is before a Court, and the Minister may disclose the information or records collected, as the Minister considers appropriate, in carrying out those purposes. RSA 2000 cH‑7 Sched. 3 s1;2002 c30 s12 Use of titles, etc. 2 A regulated member of the Alberta College of Combined Laboratory and X‑ray Technologists may, as authorized by the regulations, use any of the following titles, abbreviations and initials: (a) combined laboratory x‑ray technician; (a.1) combined laboratory x‑ray technologist; (b) CLXT. (c) repealed 2001 c21 s30. RSA 2000 cH‑7 Sched. 3 s2;2001 c21 s30; 2002 c30 s12;2005 c13 s4(6) Practice 3 In their practice, combined laboratory and X‑ray technologists do one or more of the following: (a) analyze biological specimens, apply ionizing radiation and perform electrocardiography procedures, (b) evaluate the results obtained under clause (a) for accuracy and reliability, (b.1) teach, manage and conduct research in the science, techniques and practice of combined laboratory and x‑ray technology, and (c) provide restricted activities authorized by the regulations. RSA 2000 cH‑7 Sched. 3 s3;2002 c30 s12;2008 c34 s21 Fines 4 Column 1 of the unprofessional conduct fines table applies to proceedings of the Alberta College of Combined Laboratory and X‑ray Technologists under Part 4. RSA 2000 cH‑7 Sched. 3 s4;2002 c30 s12 Transitional 5 On the coming into force of this Schedule, (a) the members of the council of the Alberta College of Combined Laboratory and X‑Ray Technicians under the Health Disciplines Act continue as members of the council of the Alberta College of Combined Laboratory and X‑ray Technologists under this Act for the same terms of office unless their terms are terminated earlier under this Act; (b) the registrar of the Alberta College of Combined Laboratory and X‑Ray Technicians under the Health Disciplines Act continues as the registrar of the Alberta College of Combined Laboratory and X‑ray Technologists under this Act for the same term of office unless the term is terminated earlier under this Act; (c) the president of the Alberta College of Combined Laboratory and X‑Ray Technicians under the Health Disciplines Act continues as the president of the Alberta College of Combined Laboratory and X‑ray Technologists under this Act for the same term of office unless the term is terminated earlier under this Act; (d) if a referral has been made under section 30 of the Health Disciplines Act or a determination has been made under section 31 of the Health Disciplines Act that a hearing should be held and a hearing has commenced but not concluded, the members of the committee, as defined in section 27 of the Health Disciplines Act , continue as members of that committee for the purposes of the hearing until it is concluded, as if this Schedule and Part 4 had not come into force and the former Act had not been repealed with respect to the designated health discipline of Combined Laboratory and X‑Ray Technologists; (e) the members of the Registration Committee established under the Combined Laboratory X‑ray Technician Regulation (AR 391/88) continue as the members of the registration committee of the Alberta College of Combined Laboratory and X‑ray Technologists under this Act for the same terms of office unless their terms are terminated earlier under this Act. RSA 2000 cH‑7 Sched. 3 s5;2002 c30 s12 Transitional 6 On the coming into force of this Schedule, a person who is registered or temporarily registered as a member of the designated health discipline of Combined Laboratory X‑Ray Technicians under the Health Disciplines Act is deemed to be a regulated member of, and to have been issued a practice permit by the registrar of, the Alberta College of Combined Laboratory and X‑ray Technologists under this Act subject to the same conditions as under the former Act until the practice permit expires or is cancelled under this Act. RSA 2000 cH‑7 Sched. 3 s6;2002 c30 s12 Transitional 7 (1) On the coming into force of this Schedule, an application for registration, temporary registration or renewal of registration as a member of the designated health discipline of Combined Laboratory X‑Ray Technologists under the Health Disciplines Act that has not been concluded must be concluded in accordance with that Act. (2) For the purposes of subsection (1), the powers and duties (a) of the Director of Health Disciplines and of the registrar of the designated health discipline of Combined Laboratory X‑Ray Technicians under the Health Disciplines Act are vested in and may be exercised by the registrar of the Alberta College of Combined Laboratory and X‑ray Technologists, and any reference to the Director of Health Disciplines or the registrar in the Health Disciplines Act is deemed to be a reference to the registrar under this Act; (b) of the Registration Committee of the Alberta College of Combined Laboratory and X‑Ray Technicians under the Health Disciplines Act are vested in and may be exercised by the registration committee of the Alberta College of Combined Laboratory and X‑ray Technologists under this Act, and any reference to a committee in the Health Disciplines Act is deemed to be a reference to the registration committee under this Act; (c) of the Health Disciplines Board under the Health Disciplines Act are vested in and may be exercised by the council of the Alberta College of Combined Laboratory and X‑ray Technologists, and any reference to the Health Disciplines Board in the Health Disciplines Act is deemed to be a reference to the council under this Act. (3) On the coming into force of this Schedule, a program of studies, an examination and a refresher program approved by the Health Disciplines Board under the Combined Laboratory X‑ray Technician Regulation (AR 391/88) continue as an approved program of studies, an examination and refresher program for the purposes of subsection (1). (4) For the purposes of subsection (1), a form referred to in section 24(1) of the Health Disciplines Act is deemed to be a reference to a form provided for by the bylaws. (5) A person who is registered or whose registration is renewed under this section is deemed to be registered as a regulated member of, and deemed to have been issued a practice permit by the registrar of, the Alberta College of Combined Laboratory and X‑ray Technologists under this Act subject to the same conditions until the practice permit expires or is cancelled under this Act. RSA 2000 cH‑7 Sched. 3 s7;2002 c30 s12 Transitional 8 (1) Any complaint made on or after the coming into force of this Schedule that relates to conduct occurring all or partly before the coming into force of this Schedule must be dealt with under this Act.
Part document.segment-7
Health Professions Act — segment 7
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Health Professions Act — segment 7
This provision carries over pending disciplinary and complaint matters, transfers some registrar/committee powers to new bodies, and allows regulated members of several dental professions to use specified titles when authorized by regulation.
(2) On the coming into force of this Schedule, any proceedings with respect to a complaint made under the Health Disciplines Act or with respect to a preliminary investigation commenced under section 29(2) of the Health Disciplines Act , before the coming into force of this Schedule, with respect to the designated health discipline of Combined Laboratory X‑Ray Technicians under the Health Disciplines Act that have not been concluded must be concluded in accordance with that Act. (3) Subject to section 5 of this Schedule and subsection (5), for the purposes of subsection (2), the powers and duties (a) of the registrar of the designated health discipline of Combined Laboratory X‑Ray Technicians under the Health Disciplines Act , except under section 32(1), are vested in and may be exercised by the complaints director of the Alberta College of Combined Laboratory and X‑ray Technologists, and any reference to the registrar in the Health Disciplines Act , except in section 32(1), is deemed to be a reference to the complaints director under this Act; (b) of the registrar under section 32(1) of the Health Disciplines Act are vested in and may be exercised by the president of the Alberta College of Combined Laboratory and X‑ray Technologists, and any reference to the registrar in section 32(1) of the Health Disciplines Act is deemed to be a reference to the president under this Act; (c) of the chair of a committee under Part 4 of the Health Disciplines Act are vested in and may be exercised by the complaints director of the Alberta College of Combined Laboratory and X‑ray Technologists, and any reference to the chair in Part 4 of the Health Disciplines Act is deemed to be a reference to the complaints director under this Act; (d) of the Director of Health Disciplines under the Health Disciplines Act , except under sections 17(8) and 29(2), are vested in and may be exercised by the hearings director of the Alberta College of Combined Laboratory and X‑ray Technologists, and any reference to the Director of Health Disciplines in the Health Disciplines Act , except in sections 17(8) and 29(2), is deemed to be a reference to the hearings director under this Act; (e) of the committee under section 31 of the Health Disciplines Act are vested in and may be exercised by the complaint review committee of the Alberta College of Combined Laboratory and X‑ray Technologists, and any reference to the committee in section 31 of the Health Disciplines Act is deemed to be a reference to the complaint review committee under this Act; (f) of the committee under Part 4 of the Health Disciplines Act , except under section 31, are vested in and may be exercised by a hearing tribunal of the Alberta College of Combined Laboratory and X‑ray Technologists, and any reference to the committee in Part 4 of the Health Disciplines Act , except in section 31, is deemed to be a reference to the hearing tribunal under this Act; (g) of the Health Disciplines Board under the Health Disciplines Act are vested in and may be exercised by the council of the Alberta College of Combined Laboratory and X‑ray Technologists, and any reference to the Health Disciplines Board in the Health Disciplines Act is deemed to be a reference to the council under this Act; (h) of the governing body of the association under Part 5 of the Health Disciplines Act are vested in and may be exercised by the council of the Alberta College of Combined Laboratory and X‑ray Technologists, and any reference to the governing body of the association is deemed to be a reference to the council under this Act; (i) of the Director of Health Disciplines under section 29(2) of the Health Disciplines Act are vested in and may be exercised by the complaints director of the Alberta College of Combined Laboratory and X‑ray Technologists, and any reference to the Director in section 29(2) of the Health Disciplines Act is deemed to be a reference to the complaints director under this Act. (4) For the purposes of subsection (2), a reference to registration in the Health Disciplines Act is deemed to be a reference to registration and a practice permit under this Act. (5) If on the coming into force of this Schedule the Health Disciplines Board has commenced but not concluded hearing an appeal, the members of the Board continue as the Board for the purposes of hearing the appeal until it is concluded, as if this Schedule and Part 4 had not come into force and the former Act with respect to the designated health discipline of Combined Laboratory X‑Ray Technicians had not been repealed. (6) Any decision and order made by a committee, as defined in Part 4 of the Health Disciplines Act , the Health Disciplines Board, a hearing tribunal or a council pursuant to this section is deemed to be a decision and order of a hearing tribunal or the council under this Act. RSA 2000 cH‑7 Sched. 3 s8;2002 c30 s12 (NOTE: Schedule 3 proclaimed in force April 1, 2006.) Schedule 4 Profession of Dental Assistants Continuation of corporation 1 On the coming into force of this Schedule, the corporation known as the Alberta Dental Assistants Association is continued as a corporation under the name College of Alberta Dental Assistants. Use of titles, etc. 2 A regulated member of the College of Alberta Dental Assistants may, as authorized by the regulations, use any of the following titles, abbreviations and initials: (a) dental assistant; (b) registered dental assistant; (c) certified dental assistant; (c.1) provisional dental assistant; (d) D.A.; (e) R.D.A. (f) repealed 2001 c21 s31. RSA 2000 cH‑7 Sched. 4 s2;2001 c21 s31; 2006 c19 s2(15) Practice 3 In their practice, dental assistants do one or more of the following: (a) provide supportive dental care services to maintain and promote oral health, (b) provide education on and carry on research into those matters described in this section and manage regulated members who carry out those matters, and (c) provide restricted activities authorized by the regulations. Fines 4 Column 2 of the unprofessional conduct fines table applies to proceedings of the College of Alberta Dental Assistants under Part 4. Transitional 5 On the coming into force of this Schedule, (a) the members of the Council of the Alberta Dental Assistants Association under the Dental Disciplines Act continue as members of the council of the College of Alberta Dental Assistants under this Act for the same term of office unless their terms are terminated earlier under this Act; (b) the Registrar of the Alberta Dental Assistants Association under the Dental Disciplines Act continues as the registrar of the College of Alberta Dental Assistants under this Act for the same term of office unless the term is terminated earlier under this Act; (c) the president of the Alberta Dental Assistants Association under the Dental Disciplines Act continues as the president of the College of Alberta Dental Assistants under this Act for the same term of office unless the term is terminated earlier under this Act; (d) if section 41(1) of the Dental Disciplines Act has been complied with, in respect of the Alberta Dental Assistants Association and a hearing has commenced but not concluded, the members of the Discipline Committee of the Alberta Dental Assistants Association continue as members of the Discipline Committee for the purposes of the hearing until it is concluded, as if this Schedule and Part 4 had not come into force and the former Act with respect to the dental discipline of dental assistant had not been repealed. Transitional 6 On the coming into force of this Schedule, a person who is registered as a dental assistant under the Dental Disciplines Act is deemed to be registered as a regulated member of, and deemed to have been issued a practice permit by the registrar of, the College of Alberta Dental Assistants under this Act subject to the same conditions as under the former Act until the practice permit expires or is cancelled under this Act. Transitional 7 (1) On the coming into force of this Schedule, an application for registration or for an annual certificate as a member of the Alberta Dental Assistants Association that has not been concluded must be concluded in accordance with the Dental Disciplines Act . (2) For the purposes of subsection (1), the powers and duties (a) of the Registrar under the Dental Disciplines Act are vested in and may be exercised by the registrar of the College of Alberta Dental Assistants, and any reference to the Registrar in the Dental Disciplines Act is deemed to be a reference to the registrar under this Act; (b) of the Council under the Dental Disciplines Act are vested in and may be exercised by the council of the College of Alberta Dental Assistants, and any reference to the Council in the Dental Disciplines Act is deemed to be a reference to the council under this Act; (c) of the Universities Co‑ordinating Council under section 14(1)(a) of the Dental Disciplines Act are vested in and may be exercised by the Universities Co‑ordinating Council, and any reference to the Universities Co‑ordinating Council with respect to section 14(1)(a) of the Dental Disciplines Act is deemed to be a reference to the Universities Co‑ordinating Council; (d) of the Universities Co‑ordinating Council under sections 14 to 16, except under section 14(1)(a), of the Dental Disciplines Act are vested in and may be exercised by the registration committee of the College of Alberta Dental Assistants, and any reference to the Universities Co‑ordinating Council in sections 14 to 16, except in section 14(1)(a), of the Dental Disciplines Act is deemed to be a reference to the registration committee under this Act. (3) A person who is registered and issued an annual certificate under this section is deemed to be registered as a practising member of, and to have been issued a practice permit by the registrar of, the College of Alberta Dental Assistants under this Act subject to the same conditions until the practice permit expires or is cancelled under this Act. Transitional 8 (1) Any complaint made after the coming into force of this Schedule that relates to conduct occurring all or partly before the coming into force of this Schedule must be dealt with under this Act. (2) On the coming into force of this Schedule, any proceedings with respect to a complaint made or a preliminary investigation under Part 6 of the Dental Disciplines Act with respect to the conduct of a dental assistant under the Dental Disciplines Act that have not been concluded must be concluded in accordance with that Act. (3) Subject to section 5(d) of this Schedule and subsection (5), for the purposes of subsection (2), the powers and duties (a) of the Registrar of the Alberta Dental Assistants Association under the Dental Disciplines Act , except under section 41, are vested in and may be exercised by the complaints director of the College of Alberta Dental Assistants, and any reference to the Registrar in the Dental Disciplines Act , except in section 41, is deemed to be a reference to the complaints director under this Act; (b) of the Registrar of the Alberta Dental Assistants Association under section 41 of the Dental Disciplines Act are vested in and may be exercised by the hearings director of the College of Alberta Dental Assistants, and any reference to the Registrar in section 41 of the Dental Disciplines Act is deemed to be a reference to the hearings director under this Act; (c) of the Discipline Committee of the Alberta Dental Assistants Association under the Dental Disciplines Act , except under section 38, are vested in and may be exercised by a hearing tribunal of the College of Alberta Dental Assistants, and any reference to the Discipline Committee in the Dental Disciplines Act , except in section 38, is deemed to be a reference to the hearing tribunal under this Act; (d) of the president of the Alberta Dental Assistants Association under the Dental Disciplines Act are vested in and may be exercised by the president of the College of Alberta Dental Assistants, and any reference to the president in the Dental Disciplines Act is deemed to be a reference to the president under this Act; (e) of the chair of the Discipline Committee of the Alberta Dental Assistants Association under the Dental Disciplines Act , except in section 46(2), are vested in and may be exercised by the complaints director of the College of Alberta Dental Assistants, and any reference to the chair of the Discipline Committee in the Dental Disciplines Act , except in section 46(2), is deemed to be a reference to the complaints director under this Act; (f) of the chair of the Discipline Committee of the Alberta Dental Assistants Association under section 46(2) of the Dental Disciplines Act are vested in and may be exercised by the hearings director of the College of Alberta Dental Assistants, and any reference to the chair of the Discipline Committee in section 46(2) of the Dental Disciplines Act is deemed to be a reference to the hearings director under this Act; (g) of a person conducting a preliminary investigation under the Dental Disciplines Act are vested in and may be exercised by a complaints director or an investigator appointed under this Act, and any reference to the person conducting a preliminary investigation in the Dental Disciplines Act is deemed to be a reference to the complaints director or the investigator under this Act; (h) of the Alberta Dental Assistants Association under the Dental Disciplines Act are vested in and may be exercised by the College of Alberta Dental Assistants, and any reference to the Association in the Dental Disciplines Act is deemed to be a reference to the college under this Act; (i) of a member of the Discipline Committee under sections 35 to 37 of the Dental Disciplines Act are vested in and may be exercised by the complaints director of the College of Alberta Dental Assistants, and any reference to a member of the Discipline Committee in sections 35 to 37 of the Dental Disciplines Act is deemed to be a reference to the complaints director under this Act; (j) of the Discipline Committee under section 38 of the Dental Disciplines Act are vested in and may be exercised by the complaint review committee of the College of Alberta Dental Assistants, and any reference to the Discipline Committee in section 38 of the Dental Disciplines Act is deemed to be a reference to the complaint review committee under this Act. (4) For the purposes of subsection (2), references in Part 6 of the Dental Disciplines Act to a certificate of registration and an annual certificate are deemed to be references to registration and a practice permit under this Act. (5) If on the coming into force of this Schedule the Council under the Dental Disciplines Act has commenced but not concluded hearing an appeal, the members of the Council continue as the Council for the purposes of hearing the appeal until it is concluded, as if this Schedule and Part 4 had not come into force and the former Act had not been repealed with respect to the dental discipline of dental assistant. (6) Any decision and order made by the Discipline Committee, a Council, hearing tribunal or the council pursuant to this section is deemed to be a decision and order of a hearing tribunal or the council under this Act. (NOTE: Schedule 4 proclaimed in force January 1, 2006.) Schedule 5 Profession of Dental Hygienists Continuation of corporation 1 The corporation known as College of Registered Dental Hygienists of Alberta is continued as a corporation under the name Alberta College of Dental Hygienists. RSA 2000 cH‑7 Sched. 5 s1;2023 c9 s12 Use of titles, etc. 2 A regulated member of the Alberta College of Dental Hygienists may, as authorized by the regulations, use the following titles, abbreviations and initials: (a) dental hygienist; (b) registered dental hygienist; (c), (d) repealed 2001 c21 s32; (e) DH; (f) RDH. RSA 2000 cH‑7 Sched. 5 s2;2001 c21 s32;2005 c13 s4(7); 2023 c9 s12 Practice 3 In their practice, dental hygienists do one or more of the following: (a) assess, diagnose and treat oral health conditions through the provision of therapeutic, educational and preventive dental hygiene procedures and strategies to promote wellness, (b) provide restricted activities authorized by the regulations, and (c) provide the services described in this section as clinicians, educators, researchers, administrators, health promoters and consultants. Fines 4 Column 2 of the unprofessional conduct fines table applies to proceedings of the Alberta College of Dental Hygienists under Part 4. RSA 2000 cH‑7 Sched. 5 s4;2023 c9 s12 Transitional 5 On the coming into force of this Schedule, (a) the members of the Council of the Alberta Dental Hygienists’ Association under the Dental Disciplines Act continue as members of the council of the College of Registered Dental Hygienists of Alberta under this Act for the same terms of office unless their terms are terminated earlier under this Act; (b) the registrar of the Alberta Dental Hygienists’ Association under the Dental Disciplines Act continues as the registrar of the College of Registered Dental Hygienists of Alberta under this Act for the same term of office unless the term is terminated earlier under this Act; (c) the president of the Alberta Dental Hygienists’ Association under the Dental Disciplines Act continues as the president of the College of Registered Dental Hygienists of Alberta under this Act for the same term of office unless the term is terminated earlier under this Act; (d) the members of the Registration Committee of the Alberta Dental Hygienists’ Association under the bylaws under the Dental Disciplines Act continue as members of the registration committee of the College of Registered Dental Hygienists of Alberta under this Act for the same terms of office unless their terms are terminated earlier under this Act; (e) if section 41(1) of the Dental Disciplines Act has been complied with in respect of the Alberta Dental Hygienists’ Association and a hearing has commenced but not concluded, the members of the Discipline Committee of the Alberta Dental Hygienists’ Association under the Dental Disciplines Act continue as members of the Discipline Committee for the purpose of the hearing until it is concluded, as if this Schedule and Part 4 had not come into force and the former Act had not been repealed with respect to the dental discipline of dental hygienists. Transitional 5.1 On the coming into force of this section, (a) the members of the council of the College of Registered Dental Hygienists of Alberta continue as members of the council of the Alberta College of Dental Hygienists for the same terms of office unless their terms are terminated earlier under this Act; (b) the registrar of the College of Registered Dental Hygienists of Alberta continues as the registrar of the Alberta College of Dental Hygienists for the same term of office unless the term is terminated earlier under this Act; (c) the president of the College of Registered Dental Hygienists of Alberta continues as the president of the Alberta College of Dental Hygienists for the same term of office unless the term is terminated earlier under this Act; (d) the members of the competence committee of the College of Registered Dental Hygienists of Alberta continue as members of the competence committee of the Alberta College of Dental Hygienists for the same terms of office unless their terms are terminated earlier under this Act; (e) the members of the registration committee of the College of Registered Dental Hygienists of Alberta continue as members of the registration committee of the Alberta College of Dental Hygienists for the same terms of office unless their terms are terminated earlier under this Act. 2023 c9 s12 Transitional 6 On the coming into force of this Schedule, a person who is registered as an active member of the Alberta Dental Hygienists’ Association and who holds an annual certificate is deemed to be registered as a regulated member of, and to have been issued a practice permit by the registrar of, the College of Registered Dental Hygienists of Alberta under this Act subject to the same conditions as under the former Act until the practice permit expires or is cancelled under this Act. Transitional 6.1 On the coming into force of this section, a person who is registered as a regulated member of, and has been issued a practice permit by the registrar of, the College of Registered Dental Hygienists of Alberta is deemed to be registered as a regulated member of, and to have been issued a practice permit by the registrar of, the Alberta College of Dental Hygienists subject to the same conditions as under the original registration until the practice permit expires or is cancelled under this Act. 2023 c9 s12 Transitional 7 (1) On the coming into force of this Schedule, an application for registration or annual certificate as a member of the Alberta Dental Hygienists’ Association that has not been concluded must be concluded in accordance with the Dental Disciplines Act . (2) For the purposes of subsection (1), the powers and duties (a) of the Registrar under the Dental Disciplines Act are vested in and may be exercised by the registrar of the College of Registered Dental Hygienists of Alberta, and any reference to the Registrar in the Dental Disciplines Act is deemed to be a reference to the registrar under this Act; (b) of the Council under the Dental Disciplines Act are vested in and may be exercised by the council of the College of Registered Dental Hygienists of Alberta, and any reference to the Council in the Dental Disciplines Act is deemed to be a reference to the council under this Act; (c) of the Universities Co‑ordinating Council under the Dental Disciplines Act are vested in and may be exercised by the registration committee of the College of Registered Dental Hygienists of Alberta, and any reference to the Universities Co‑ordinating Council in the Dental Disciplines Act is deemed to be a reference to the registration committee under this Act. (3) A person who is registered and issued an annual certificate under this section is deemed to be registered as a regulated member of, and to have been issued a practice permit by the registrar of, the College of Registered Dental Hygienists of Alberta under this Act subject to the same conditions until the practice permit expires or is cancelled under this Act. Transitional 8 (1) On the coming into force of this Schedule, if a Practice Review Board has commenced a review of the practice of a member but has not concluded the review, that review must be concluded in accordance with the Dental Disciplines Act . (2) For the purposes of subsection (1), the powers and duties (a) of the Practice Review Board under the Dental Disciplines Act are vested in and may be exercised by the competence committee of the College of Registered Dental Hygienists of Alberta under this Act, and any reference to the Practice Review Board in the Dental Disciplines Act is deemed to be a reference to the competence committee under this Act; (b) of the chair of the Practice Review Board of the Alberta Dental Hygienists’ Association under section 29(3) of the Dental Disciplines Act are vested in and may be exercised by the complaints director of the College of Registered Dental Hygienists of Alberta, and any reference to the chair of the Practice Review Board in section 29(3) of the Dental Disciplines Act is deemed to be a reference to the complaints director under this Act; (c) of the Council of the Alberta Dental Hygienists’ Association under the Dental Disciplines Act are vested in and may be exercised by the council of the College of Registered Dental Hygienists of Alberta, and any reference to the Council in the Dental Disciplines Act is deemed to be a reference to the council under this Act; (d) of the president of the Alberta Dental Hygienists’ Association under the Dental Disciplines Act are vested in and may be exercised by the president of the College of Registered Dental Hygienists of Alberta, and any reference to a president in the Dental Disciplines Act is deemed to be a reference to the president under this Act; (e) of the Registrar under the Dental Disciplines Act are vested in and may be exercised by the complaints director of the College of Registered Dental Hygienists of Alberta, and any reference to the Registrar in the Dental Disciplines Act is deemed to be a reference to the complaints director under this Act. Transitional 9 (1) Any complaint made on or after the coming into force of this Schedule that relates to conduct occurring all or partly before the coming into force of this Schedule must be dealt with under this Act. (2) On the coming into force of this Schedule, any proceedings with respect to a complaint made or with respect to a preliminary investigation commenced under Part 6 of the Dental Disciplines Act with respect to the conduct of a dental hygienist under the Dental Disciplines Act that have not been concluded must be concluded in accordance with that Act. (3) Subject to section 5(e) of this Schedule and subsection (5), for the purposes of subsection (2), the powers and duties (a) of the Registrar of the Alberta Dental Hygienists’ Association under sections 30 to 40 of the Dental Disciplines Act are vested in and may be exercised by the complaints director of the College of Registered Dental Hygienists of Alberta, and any reference to the Registrar in sections 30 to 40 of the Dental Disciplines Act is deemed to be a reference to the complaints director under this Act; (b) of the Registrar of the Alberta Dental Hygienists’ Association under sections 41 to 48 of the Dental Disciplines Act are vested in and may be exercised by the hearings director of the College of Registered Dental Hygienists of Alberta, and any reference to the Registrar in sections 41 to 48 of the Dental Disciplines Act is deemed to be a reference to the hearings director under this Act; (c) of the Discipline Committee of the Alberta Dental Hygienists’ Association under the Dental Disciplines Act , except under section 38, are vested in and may be exercised by a hearing tribunal of the College of Registered Dental Hygienists of Alberta, and any reference to the Discipline Committee in the Dental Disciplines Act , except in section 38, is deemed to be a reference to the hearing tribunal under this Act; (d) of the president of the Alberta Dental Hygienists’ Association under the Dental Disciplines Act are vested in and may be exercised by the president of the College of Registered Dental Hygienists of Alberta, and any reference to the president in the Dental Disciplines Act is deemed to be a reference to the president under this Act; (e) of the chair of the Discipline Committee of the Alberta Dental Hygienists’ Association under the Dental Disciplines Act are vested in and may be exercised by the chair of a hearing tribunal of the College of Registered Dental Hygienists of Alberta, and any reference to the chair of the Discipline Committee in the Dental Disciplines Act is deemed to be a reference to the chair of the hearing tribunal under this Act; (f) of a person conducting a preliminary investigation under the Dental Disciplines Act are vested in and may be exercised by the complaints director or an investigator appointed under this Act, and any reference to the person conducting a preliminary investigation in the Dental Disciplines Act is deemed to be a reference to the complaints director or the investigator under this Act; (g) of the Alberta Dental Hygienists’ Association under the Dental Disciplines Act are vested in and may be exercised by the College of Registered Dental Hygienists of Alberta, and any reference to the Association in the Dental Disciplines Act is deemed to be a reference to the college under this Act; (h) of a member of the Discipline Committee under sections 35 to 37 of the Dental Disciplines Act are vested in and may be exercised by the complaints director of the College of Registered Dental Hygienists of Alberta, and any reference to a member of the Discipline Committee in sections 35 to 37 of the Dental Disciplines Act is deemed to be a reference to the complaints director under this Act; (i) of the Discipline Committee under section 38 of the Dental Disciplines Act are vested in and may be exercised by the complaint review committee of the College of Registered Dental Hygienists of Alberta, and any reference to the Discipline Committee in section 38 of the Dental Disciplines Act is deemed to be a reference to the complaint review committee under this Act; (j) of the Council under Part 6 of the Dental Disciplines Act are vested in and may be exercised by the council of the College of Registered Dental Hygienists of Alberta, and any reference to the Council in Part 6 of the Dental Disciplines Act is deemed to be a reference to the council under this Act. (4) For the purposes of subsection (2), references in Part 6 of the Dental Disciplines Act to a certificate of registration and an annual certificate are deemed to be references to registration and a practice permit under this Act. (5) If on the coming into force of this Schedule the Council under the Dental Disciplines Act has commenced but not concluded hearing an appeal, the members of the Council continue as the Council for the purposes of hearing the appeal until it is concluded, as if this Schedule and Part 4 had not come into force and the former Act had not been repealed with respect to the dental discipline of dental hygienists. (6) Any decision and order made by the Discipline Committee, Council, a hearing tribunal or the council pursuant to this section is deemed to be a decision and order of a hearing tribunal or the council under this Act. (NOTE: Schedule 5 proclaimed in force October 31, 2006.) Schedule 6 Profession of Dental Technologists Continuation of corporation 1 On the coming into force of this Schedule, the corporation known as the Alberta Association of Dental Technicians is continued as a corporation under the name College of Dental Technologists of Alberta. Use of titles, etc. 2 A regulated member of the College of Dental Technologists of Alberta may, as authorized by the regulations, use any of the following titles, abbreviations and initials: (a) dental technologist; (b) dental technician; (c) registered dental technologist; (d) registered dental technician; (d.1) clinical dental technologist; (d.2) clinical dental technician; (d.3) CDT; (e), (f) repealed 2001 c21 s23; (g) D.T.; (h) R.D.T. RSA 2000 cH‑7 Sched 6 s2;2001 c21 s33;2016 c9 s11 Practice 3 In their practice, dental technologists do one or more of the following: (a) fabricate, duplicate, alter and repair prosthetic and orthodontic devices, (b) fit those devices when fitting is incidental to the fabrication, duplication, alteration or repair, (b.1) teach, manage and conduct research in the science, techniques and practice of dental technology, and (c) provide restricted activities authorized by the regulations. RSA 2000 cH‑7 Sched 6 s3;2008 c34 s22 Fines 4 Column 2 of the unprofessional conduct fines table applies to proceedings of the College of Dental Technologists of Alberta under Part 4. Transitional 5 On the coming into force of this Schedule, (a) the members of the Council of the Alberta Association of Dental Technicians under the Dental Disciplines Act continue as members of the council of the College of Dental Technologists of Alberta under this Act for the same terms of office unless their terms are terminated earlier under this Act; (b) the Registrar of the Alberta Association of Dental Technicians under the Dental Disciplines Act continues as the registrar of the College of Dental Technologists of Alberta under this Act for the same term of office unless the term is terminated earlier under this Act; (c) the president of the Alberta Association of Dental Technicians under the Dental Disciplines Act continues as the president of the College of Dental Technologists of Alberta under this Act for the same term of office unless the term is terminated earlier under this Act; (d) the members of the Registration Committee of the Alberta Association of Dental Technicians under the bylaws under the Dental Disciplines Act continue as members of the registration committee of the College of Dental Technologists of Alberta under this Act for the same terms of office unless their terms are terminated earlier under this Act; (e) if section 41(1) of the Dental Disciplines Act has been complied with in respect of the Alberta Association of Dental Technicians and a hearing has commenced but not concluded, the members of the Discipline Committee of the Alberta Association of Dental Technicians under the Dental Disciplines Act continue as members of the Discipline Committee for the purposes of the hearing until it is concluded, as if this Schedule and Part 4 had not come into force and the former Act had not been repealed with respect to the dental discipline of dental technician. Transitional 6 On the coming into force of this Schedule, a person who is registered or temporarily registered as a dental technician under the Dental Disciplines Act is deemed to be registered as a regulated member of, and to have been issued a practice permit by the registrar of, the College of Dental Technologists of Alberta under this Act subject to the same conditions as under the former Act until the practice permit expires or is cancelled under this Act. RSA 2000 cH‑7 Sched 6 s6;2001 c21 s33 6.1 On the coming into force of this Schedule, (a) a person who is registered as a student of dental technology under the Dental Disciplines Act is not deemed to be registered as a regulated member of the College of Dental Technologists of Alberta under this Act, and (b) an application for registration as a student of dental technology under the Dental Disciplines Act that is not concluded does not continue as an application to become a regulated member under this Act. 2001 c21 s33 Transitional 7 (1) On the coming into force of this Schedule, an application for registration or renewal of an annual certificate as a member of the Alberta Association of Dental Technicians that has not been concluded must be concluded in accordance with the Dental Disciplines Act . (2) For the purposes of subsection (1), the powers and duties (a) of the Registrar of the Alberta Association of Dental Technicians under the Dental Disciplines Act are vested in and may be exercised by the registrar of the College of Dental Technologists of Alberta, and any reference to the Registrar in the Dental Disciplines Act is deemed to be a reference to the registrar under this Act; (b) of the Council of the Alberta Association of Dental Technicians under the Dental Disciplines Act are vested in and may be exercised by the council of the College of Dental Technologists of Alberta, and any reference to the Council in the Dental Disciplines Act is deemed to be a reference to the council under this Act; (c) of the Universities Co‑ordinating Council under section 14(1)(a) of the Dental Disciplines Act are vested in and may be exercised by the Universities Co‑ordinating Council, and any reference to the Universities Co‑ordinating Council with respect to section 14(1)(a) of the Dental Disciplines Act is deemed to be a reference to the Universities Co‑ordinating Council under this Act; (d) of the Universities Co‑ordinating Council under sections 14 to 16, except under section 14(1)(a), of the Dental Disciplines Act are vested in and may be exercised by the registration committee of the College of Dental Technologists of Alberta, and any reference to the Universities Co‑ordinating Council in sections 14 to 16, except in section 14(1)(a), of the Dental Disciplines Act is deemed to be a reference to the registration committee under this Act. (3) A person who is registered or issued an annual certificate under this section is deemed to be registered as a regulated member of, and to have been issued a practice permit by the registrar of, the College of Dental Technologists of Alberta under this Act subject to the same conditions until the practice permit expires or is cancelled under this Act. Transitional 8 (1) On the coming into force of this Schedule, if a Practice Review Board has commenced a review of the practice of a member but has not concluded the review, that review must be concluded in accordance with the Dental Disciplines Act . (2) For the purposes of subsection (1), the powers and duties (a) of the Practice Review Board under the Dental Disciplines Act are vested in and may be exercised by the competence committee of the College of Dental Technologists of Alberta, and any reference to the Practice Review Board in the Dental Disciplines Act is deemed to be a reference to the competence committee under this Act; (b) of the chair of the Practice Review Board of the Alberta Association of Dental Technicians under section 29(3) of the Dental Disciplines Act are vested in and may be exercised by the complaints director of the College of Dental Technologists of Alberta, and any reference to the chair of the Practice Review Board in section 29(3) of the Dental Disciplines Act is deemed to be a reference to the complaints director under this Act; (c) of the Council of the Alberta Association of Dental Technicians under the Dental Disciplines Act are vested in and may be exercised by the council of the College of Dental Technologists of Alberta, and any reference to the Council in the Dental Disciplines Act is deemed to be a reference to the council under this Act; (d) of the president of the Alberta Association of Dental Technicians under the Dental Disciplines Act are vested in and may be exercised by the president of the College of Dental Technologists of Alberta, and any reference to a president in the Dental Disciplines Act is deemed to be a reference to the president under this Act; (e) of the Registrar under the Dental Disciplines Act are vested in and may be exercised by the complaints director of the College of Dental Technologists of Alberta, and any reference to the Registrar in the Dental Disciplines Act is deemed to be a reference to the complaints director under this Act. Transitional 9 (1) Any complaint made on or after the coming into force of this Schedule that relates to conduct occurring all or partly before the coming into force of this Schedule must be dealt with under this Act. (2) On the coming into force of this Schedule, any proceedings with respect to a complaint made or a preliminary investigation commenced under Part 6 of the Dental Disciplines Act with respect to the conduct of a dental technician under the Dental Disciplines Act that are not concluded must be concluded in accordance with that Act. (3) Subject to section 5(e) of this Schedule and subsection (5), for the purposes of subsection (2), the powers and duties (a) of the Registrar of the Alberta Association of Dental Technicians under sections 30 to 40 of the Dental Disciplines Act are vested in and may be exercised by the complaints director of the College of Dental Technologists of Alberta, and any reference to the Registrar in sections 30 to 40 of the Dental Disciplines Act is deemed to be a reference to the complaints director under this Act; (b) of the Registrar of the Alberta Association of Dental Technicians under sections 41 to 58 of the Dental Disciplines Act are vested in and may be exercised by the hearings director of the College of Dental Technologists of Alberta, and any reference to the Registrar in sections 41 to 58 of the Dental Disciplines Act is deemed to be a reference to the hearings director under this Act; (c) of the Discipline Committee of the Alberta Association of Dental Technicians under the Dental Disciplines Act , except under section 38, are vested in and may be exercised by a hearing tribunal of the College of Dental Technologists of Alberta, and any reference to the Disciplines Committee in the Dental Disciplines Act , except in section 38, is deemed to be a reference to the hearing tribunal under this Act; (d) of the president of the Alberta Association of Dental Technicians under the Dental Disciplines Act are vested in and may be exercised by the president of the College of Dental Technologists of Alberta, and any reference to the president in the Dental Disciplines Act is deemed to be a reference to the president under this Act; (e) of the chair of the Discipline Committee of the Alberta Association of Dental Technicians under the Dental Disciplines Act , except under section 46(2), are vested in and may be exercised by the complaints director of the College of Dental Technologists of Alberta, and any reference to the chair of the Discipline Committee in the Dental Disciplines Act , except in section 46(2), is deemed to be a reference to the complaints director under this Act; (f) of the chair of the Discipline Committee of the Alberta Association of Dental Technicians under section 46(2) of the Dental Disciplines Act are vested in and may be exercised by the chair of a hearing tribunal of the College of Dental Technologists of Alberta, and any reference to the chair of the Discipline Committee in section 46(2) of the Dental Disciplines Act is deemed to be a reference to the chair of the hearing tribunal under this Act; (g) of a person conducting a preliminary investigation under the Dental Disciplines Act are vested in and may be exercised by the complaints director or an investigator appointed under this Act, and any reference to the person conducting a preliminary investigation in the Dental Disciplines Act is deemed to be a reference to the complaints director or the investigator under this Act; (h) of the Alberta Association of Dental Technicians under the Dental Disciplines Act are vested in and may be exercised by the College of Dental Technologists of Alberta, and any reference to the Association in the Dental Disciplines Act is deemed to be a reference to the college under this Act; (i) of a member of the Discipline Committee under sections 35 to 37 of the Dental Disciplines Act are vested in and may be exercised by the complaints director of the College of Dental Technologists of Alberta, and any reference to a member of the Discipline Committee in sections 35 to 37 of the Dental Disciplines Act is deemed to be a reference to the complaints director under this Act; (j) of the Discipline Committee under section 38 of the Dental Disciplines Act are vested in and may be exercised by the complaint review committee of the College of Dental Technologists of Alberta, and any reference to the Discipline Committee in section 38 of the Dental Disciplines Act is deemed to be a reference to the complaint review committee under this Act; (k) of the Council under Part 6 of the Dental Disciplines Act are vested in and may be exercised by the council of the College of Dental Technologists of Alberta, and any reference to the Council in Part 6 of the Dental Disciplines Act is deemed to be a reference to the council under this Act. (4) For the purposes of subsection (2), references in Part 6 of the Dental Disciplines Act to an annual certificate are deemed to be references to registration and a practice permit under this Act. (5) If on the coming into force of this Schedule the Council under the Dental Disciplines Act has commenced but not concluded hearing an appeal, the members of the Council continue as the Council for the purposes of hearing the appeal until it is concluded, as if this Schedule and Part 4 had not come into force and the former Act with respect to the dental discipline of dental technician had not been repealed. (6) Any decision and order made by the Discipline Committee, the Council, a hearing tribunal or the council pursuant to this section is deemed to be a decision and order of a hearing tribunal or the council under this Act. RSA 2000 cH‑7 Sched. 6 s7;2001 c21 s33 (NOTE: Schedule 6 proclaimed in force October 19, 2004.) Schedule 7 Profession of Dentists Continuation of corporation 1 The corporation known as Alberta Dental Association and College is continued as a corporation under the name College of Dental Surgeons of Alberta. RSA 2000 cH‑7 Sched. 7 s1;2005 c13 s4(8);2023 c9 s12 Use of titles 2 A regulated member of the College of Dental Surgeons of Alberta may, as authorized by the regulations, use any of the following titles: (a) Dentist; (b) Endodontist; (c) Oral and Maxillofacial Surgeon; (d) Orthodontist and Dentofacial Orthopedist; (e) Pediatric Dentist; (f) Periodontist; (g) Prosthodontist; (h) Oral Medicine and Pathology Specialist ; (i) Oral and Maxillofacial Radiologist; (j) repealed 2001 c21 s34; (k) Public Health Dentist. (l)-(n) repealed 2001 c21 s34. RSA 2000 cH‑7 Sched. 7 s2;2001 c21 s34;2005 c13 s4(8); 2023 c9 s12 Practice 3 In their practice, dentists do one or more of the following: (a) evaluate, diagnose and treat, surgically or non‑surgically, diseases, disorders and conditions of (i) the mouth, which includes teeth, gums and other supporting structures, (ii) the maxillofacial area, which includes upper and lower jaws and joints, and (iii) the adjacent and associated structures of the head and neck, to maintain and improve a person’s physical, psychological and social health, (b) provide restricted activities authorized by the regulations, and (c) teach, manage and conduct research in the science, techniques and practice of dentistry. RSA 2000 cH‑7 Sched. 7 s3;2009 c46 s3 Fines 4 Column 3 of the unprofessional conduct fines table applies to proceedings of the College of Dental Surgeons of Alberta under Part 4. RSA 2000 cH‑7 Sched. 7 s4;2005 c13 s4(8);2023 c9 s12 Transitional 5 On the coming into force of this Schedule, (a) the members of the Board of The Alberta Dental Association under the Dental Profession Act continue as members of the council of the Alberta Dental Association and College under this Act for the same terms of office unless their terms are terminated earlier under this Act; (b) the president of The Alberta Dental Association under the Dental Profession Act continues as the president of the Alberta Dental Association and College under this Act for the same term of office unless the term is terminated earlier under this Act; (c) the Registrar of The Alberta Dental Association under the Dental Profession Act continues as the registrar of the Alberta Dental Association and College under this Act for the same term of office unless the term is terminated earlier under this Act; (d) the members of the Peer Review Committee under the Dental Profession Act continue as members of the competence committee of the Alberta Dental Association and College under this Act for the same terms of office unless their terms are terminated earlier under this Act; (e) despite clause (d), if a review of a practice under section 11(1)(b) of the Dental Profession Act has not been concluded, the council of the Alberta Dental Association and College under this Act may appoint persons as members of a Peer Review Committee for the purposes of section 9 of this Schedule; (f) if a referral has been made under section 47(b) of the Dental Profession Act and a hearing has commenced but not concluded, the members of the Discipline Committee continue as members of the Discipline Committee for the purposes of the hearing until it is concluded, as if this Schedule and Part 4 had not come into force and the former Act had not been repealed. RSA 2000 cH‑7 Sched.
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Health Professions Act — segment 8
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Health Professions Act — segment 8
Dental surgical facilities generally must be accredited before regulated members provide services to the public, and the council and accreditation committee have related application, review, appeal, and enforcement powers.
7 s5;2005 c13 s4(8) Transitional 5.1 On the coming into force of this section, (a) the members of the council of the Alberta Dental Association and College continue as members of the council of the College of Dental Surgeons of Alberta for the same terms of office unless their terms are terminated earlier under this Act; (b) the president of the Alberta Dental Association and College continues as the president of the College of Dental Surgeons of Alberta for the same term of office unless the term is terminated earlier under this Act; (c) the registrar of the Alberta Dental Association and College continues as the registrar of the College of Dental Surgeons of Alberta for the same term of office unless the term is terminated earlier under this Act; (d) the members of the competence committee of the Alberta Dental Association and College continue as members of the competence committee of the College of Dental Surgeons of Alberta for the same terms of office unless their terms are terminated earlier under this Act; (e) the members of the registration committee of the Alberta Dental Association and College continue as members of the registration committee of the College of Dental Surgeons of Alberta for the same terms of office unless their terms are terminated earlier under this Act. 2023 c9 s12 Transitional 6 On the coming into force of this Schedule, a person (a) who is registered on the register of licensed members, or (b) who is authorized by the regulations to provide restricted activities and is registered on the (i) Courtesy Register, (ii) Teaching and Research Register, (iii) Restricted Register, (iv) Education Register, or (v) Associates Register of The Alberta Dental Association under the Dental Profession Act is deemed to be registered as a regulated member of, and to have been issued a practice permit by the registrar of, the Alberta Dental Association and College under this Act subject to the same conditions as under the former Act until the practice permit expires or is terminated under this Act. RSA 2000 cH‑7 Sched. 7 s6;2005 c13 s4(8) Transitional 6.1 On the coming into force of this section, a person who is registered as a regulated member of, and has been issued a practice permit by the registrar of, the Alberta Dental Association and College is deemed to be registered as a regulated member of, and to have been issued a practice permit by the registrar of, the College of Dental Surgeons of Alberta subject to the same conditions as under the original registration until the practice permit expires or is cancelled under this Act. 2023 c9 s12 Transitional 7 On the coming into force of this Schedule, a professional corporation registered on the record of professional corporations under the Dental Profession Act is deemed to be registered on the record of professional corporations of the Alberta Dental Association and College and to be issued an annual permit under this Act until the annual permit expires or is cancelled under this Act. RSA 2000 cH‑7 Sched. 7 s7;2005 c13 s4(8) Transitional 7.1 On the coming into force of this section, a professional corporation registered on the record of professional corporations of the Alberta Dental Association and College is deemed to be registered on the record of professional corporations of the College of Dental Surgeons of Alberta and to be issued an annual permit under this Act until the annual permit expires or is cancelled under this Act. 2023 c9 s12 Transitional 8 (1) On the coming into force of this Schedule, an application for registration under Part 5 of or for a permit under section 33 of the Dental Profession Act that has not been concluded must be concluded in accordance with that Act. (2) For the purposes of subsection (1), the powers and duties (a) of the Registrar under the Dental Profession Act are vested in and may be exercised by the registrar of the Alberta Dental Association and College under this Act, and any reference to the Registrar in the Dental Profession Act is deemed to be a reference to the registrar under this Act; (b) of the Board of the Association under the Dental Profession Act are vested in and may be exercised by the council of the Alberta Dental Association and College under this Act, and any reference to the Board of the Association in the Dental Profession Act is deemed to be a reference to the council under this Act; (c) of the Universities Co‑ordinating Council under sections 19, 20, 21 and 26 of the Dental Profession Act are vested in and may be exercised by the Universities Co‑ordinating Council or the council of the Alberta Dental Association and College under this Act, and any reference to the Universities Co‑ordinating Council in sections 19, 20, 21 and 26 of the Dental Profession Act is deemed to be a reference to the Universities Co‑ordinating Council or to the council under this Act. (3) For the purposes of subsection (1), an academic institution designated as an approved faculty of dentistry on the coming into force of this Schedule continues as an approved faculty of dentistry. (4) A person who is registered under this section, except in the case of an application with respect to section 22, 23, 24, 25 or 26 of the Dental Profession Act , is deemed to be registered as a regulated member of, and to have been issued a practice permit by the registrar of, the Alberta Dental Association and College under this Act subject to the same conditions until the practice permit expires or is cancelled under this Act. (5) A person who is registered under this section, in the case of an application with respect to section 22, 23, 24, 25 or 26 of the Dental Profession Act , is deemed, if the person is authorized by the regulations to provide restricted activities, to be registered as a regulated member of, and is deemed to have been issued a practice permit by the registrar of, the Alberta Dental Association and College under this Act subject to the same conditions until the practice permit expires or is cancelled under this Act. RSA 2000 cH‑7 Sched. 7 s8;2005 c13 s4(8) Transitional 9 (1) On the coming into force of this Schedule, a review of a practice under section 11(1)(b) of the Dental Profession Act that has not been concluded must be dealt with in accordance with that Act. (2) For the purposes of subsection (1), the powers and duties (a) of the Peer Review Committee under the Dental Profession Act are vested in and may be exercised by a competence committee of the Alberta Dental Association and College under this Act, and any reference to a Peer Review Committee in the Dental Profession Act is deemed to be a reference to the competence committee under this Act; (b) of the Board of the Association under Part 3 of the Dental Profession Act are vested in and may be exercised by the council of the Alberta Dental Association and College, and any reference to the Board in Part 3 of the Dental Profession Act is deemed to be a reference to the council under this Act; (c) of the Registrar and the chair of the Peer Review Committee under the Dental Profession Act are vested in and may be exercised by the complaints director of the Alberta Dental Association and College, and any reference to the Registrar or the chair of the Peer Review Committee in the Dental Profession Act is deemed to be a reference to the complaints director under this Act; (d) of the president under the Dental Profession Act are vested in and may be exercised by the president of the Alberta Dental Association and College, and any reference to the president in the Dental Profession Act is deemed to be a reference to the president under this Act; (e) of the Association under section 11(3) of the Dental Profession Act are vested in and may be exercised by the Alberta Dental Association and College, and any reference to the Association in section 11(3) of the Dental Profession Act is deemed to be a reference to the college under this Act. RSA 2000 cH‑7 Sched. 7 s9;2005 c13 s4(8) Transitional 10 (1) Any complaint made on or after the coming into force of this Schedule that relates to conduct occurring all or partly before the coming into force of this Schedule must be dealt with under this Act. (2) On the coming into force of this Schedule, any proceedings with respect to a complaint made or arising from a preliminary investigation commenced under the Dental Profession Act before the coming into force of this Schedule that have not been concluded must be concluded in accordance with that Act. (3) Subject to section 5(f) of this Schedule and subsection (5), for the purposes of subsection (2), the powers and duties (a) of the Registrar under the Dental Profession Act are vested in and may be exercised by the complaints director of the Alberta Dental Association and College, and any reference to the Registrar in the Dental Profession Act is deemed to be a reference to the complaints director under this Act; (b) of the chair under section 50 of the Dental Profession Act are vested in and may be exercised by the complaints director of the Alberta Dental Association and College, and any reference to the chair in section 50 of the Dental Profession Act is deemed to be a reference to the complaints director under this Act; (c) of the president of The Alberta Dental Association under the Dental Profession Act are vested in and may be exercised by the president of the Alberta Dental Association and College under this Act, and any reference to the president in the Dental Profession Act is deemed to be a reference to the president under this Act; (d) of the Discipline Committee under section 49 of the Dental Profession Act are vested in and may be exercised by the complaint review committee of the Alberta Dental Association and College under this Act, and any reference to the Discipline Committee in section 49 of the Dental Profession Act is deemed to be a reference to the complaint review committee under this Act; (e) of a person conducting a preliminary investigation under the Dental Profession Act are vested in and may be exercised by the complaints director or an investigator appointed by the Alberta Dental Association and College under this Act, and any reference to the person conducting a preliminary investigation in the Dental Profession Act is deemed to be a reference to the complaints director or an investigator under this Act; (f) of the Discipline Committee under the Dental Profession Act , except under section 49, are vested in and may be exercised by a hearing tribunal of the Alberta Dental Association and College under this Act, and any reference to the Discipline Committee in the Dental Profession Act , except in section 49, is deemed to be a reference to the hearing tribunal under this Act; (g) of the Board of The Alberta Dental Association under the Dental Profession Act are vested in and may be exercised by the council of the Alberta Dental Association and College under this Act, and any reference to the Board of the Association in the Dental Profession Act is deemed to be a reference to the council under this Act. (4) For the purposes of subsection (2), a reference in Part 7 of the Dental Profession Act to registration or a license or permit is deemed to be a reference to registration and a practice permit under this Act. (5) If on the coming into force of this Schedule the Board under the Dental Profession Act has commenced but not concluded hearing an appeal, the members of the Board continue as the Board for the purposes of hearing the appeal until it is concluded, as if this Schedule and Part 4 had not come into force and the former Act had not been repealed. (6) Any decision and order made by a Discipline Committee, Board, council or hearing tribunal pursuant to this section is deemed to be a decision and order of a hearing tribunal or council under this Act. RSA 2000 cH‑7 Sched. 7 s10;2005 c13 s4(8) 11 In sections 12 to 18, (a) “accreditation committee” means the dental facilities accreditation committee established by the council; (b) “college” means the College of Dental Surgeons of Alberta ; (c) “council” means the council of the college; (d) “dental surgical facility” means a facility where dental surgical services are provided; (e) “dental surgical services” means any of the following: (i) a professional service that is provided by a regulated member where an anaesthesic is used that renders the patient unconscious or where neuroleptanaesthesic is used; (ii) an insured surgical service as defined in the Health Facilities Act that is provided by a regulated member in a facility that must be accredited under this Schedule; (iii) any other professional service described in the regulations that is provided by a regulated member that in the opinion of the council represents a risk to the patient that is greater than usual for a professional service provided by a regulated member; (f) “operator” means (i) in the case of a surgical facility designated under Part 2, Division 1 of the Health Facilities Act , the person named as the operator in the designation, and (ii) in the case of any other dental surgical facility, the registered owner or the person who has apparent care and control of the facility; (g) “registrar” means the registrar of the college; (h) “regulated member” means a regulated member of the college. 2001 c21 s34;2005 c13 s4(8);2005 c13 s4(8);2020 c27 s4; 2023 c9 s12 12 (1) A dental surgical facility must be accredited by the accreditation committee before a regulated member provides dental surgical services in it to the public. (2) Subject to the Health Facilities Act , subsection (1) does not apply to (a) an approved hospital under the Provincial Health Agencies Act , (a.1) a hospital under the Workers’ Compensation Act , or (b) a hospital or a health care facility that is established by the Government of Alberta or the Government of Canada. (3) Despite subsection (1), on the coming into force of this Schedule, a dental surgical facility that is accredited by the College of Physicians and Surgeons of Alberta is deemed to be accredited by the accreditation committee for the time period set out in the accreditation given by the College of Physicians and Surgeons of Alberta. (4) Despite subsection (1) but subject to the Health Facilities Act , a dental surgical facility that is in operation on the coming into force of this Schedule that is not accredited by the College of Physicians and Surgeons of Alberta must be accredited under this Schedule within one year from the date that this Schedule comes into force. (5) Despite subsection (1), an approval or confirmation of standards of a dental surgical facility is deemed to be an accreditation under this Schedule if (a) the approval or confirmation is recognized by the council as being equivalent to an accreditation under this Schedule, and (b) the approval or confirmation is granted by an organization that is recognized by the council as equivalent to the accreditation committee under this Schedule, and the accreditation committee must grant the dental surgical facility an accreditation. 2001 c21 s34;2005 c13 s4(8);2008 cH‑4.3 s19;2020 c27 s4; 2024 c10 s21;2025 c10 s27 13 (1) The council must establish a dental facilities accreditation committee. (2) The accreditation committee must (a) review dental surgical facilities to determine if the provision of dental surgical services meets or will meet the accreditation requirements established by the council; (b) carry out its powers and duties under this Schedule; (c) advise the council generally on matters relating to the dental surgical facilities accreditation process. (3) Subject to section 51(4) of this Act, a member of the accreditation committee has the powers and duties of a member of a competence committee under section 51(3) of this Act to carry out a review under subsection (2)(a) and section 15 of this Schedule. 2001 c21 s34 14 (1) An operator must apply to the registrar in accordance with the regulations for accreditation with respect to providing dental surgical services and for renewal of that accreditation. (2) On receipt of an application under subsection (1) the accreditation committee must review the application in accordance with the regulations and (a) may grant or renew or refuse to grant or to renew, a dental surgical facility accreditation; (b) may impose conditions on an accreditation of a dental surgical facility and must state the dental surgical services that may be provided in the dental surgical facility; (c) may, before granting or renewing an accreditation, direct the dental surgical facility to make changes; (d) may, subject to subsection (3), grant or renew accreditation for a specified time period. (3) An accreditation may be granted for up to 4 years. (4) The accreditation committee must provide the operator with a written copy of its decision and the reasons for it. (5) An operator of a dental surgical facility (a) must notify the registrar of any intended change to the dental surgical services the dental surgical facility has been accredited to provide in the dental surgical facility and obtain approval from the accreditation committee before implementing the change, and (b) must notify the registrar of any intended change of the operator of the dental surgical facility. 2001 c21 s34;2007 c32 s1(36) 15 (1) If the accreditation committee has reason to believe that there may be a health risk to the public, the accreditation committee may review a dental surgical facility to determine whether the accreditation requirements are being met. (2) On completion of the review, the accreditation committee may decide to direct the operator to make changes as directed within a specified time period. (3) If the accreditation committee believes that the health risk is immediate, it may decide to direct the operator to cease providing dental surgical services and causing dental surgical services to be provided and, if applicable, direct the operator to make changes as directed within a specified time period. (4) The accreditation committee must provide a copy of a decision made under this section to the registrar and the operator of the dental surgical facility. 2001 c21 s34 16 (1) An operator may appeal an accreditation committee’s decision under section 14 or 15 to the council by written notice to the registrar within 15 days of receiving a copy of the decision. (2) A notice under subsection (1) must state the grounds for the appeal. (3) The council must schedule an appeal hearing within 30 days from the day the notice of appeal was received by the registrar. (4) The chair of the accreditation committee and the appellant may be represented by counsel at the appeal hearing. (5) An appeal hearing is open to the public unless an application is granted in accordance with section 78 of this Act. (6) Following an appeal hearing the council may (a) vary, quash or confirm the findings and decision of the accreditation committee; (b) make any other finding that in its opinion ought to have been made; (c) order that the matter be referred back to the accreditation committee for receipt of further evidence and for further assessment and that the accreditation committee report back to the council for the council’s consideration on the appeal; (d) grant adjournments or reserve determination of matters for a future meeting of the council. (7) The council must issue its decision at or within a reasonable time after the conclusion of the appeal hearing. 2001 c21 s34 17 (1) A regulated member shall not provide dental surgical services, or cause dental surgical services to be provided, in a dental surgical facility requiring accreditation under this Schedule if the dental surgical facility is not accredited. (2) It is unprofessional conduct for a regulated member (a) to contravene subsection (1), (b) to provide dental surgical services or cause dental surgical services to be provided in a facility that is operated in a manner that contravenes Part 2 of the Health Facilities Act , or (c) to fail or refuse to co‑operate with the accreditation committee. (3) The accreditation committee or a member of the accreditation committee must make a referral to the complaints director if, on the basis of information obtained pursuant to carrying out powers and duties under this Schedule, the accreditation committee or member is of the opinion that a regulated member may be guilty of unprofessional conduct. 2001 c21 s34;2020 c27 s4 18 (1) The council may make regulations (a) describing dental surgical services for the purposes of section 11(e)(iii) of this Schedule; (b) respecting the establishment and operation of dental surgical facilities; (c) respecting accreditation requirements, including the adoption of published standards, codes or rules for accreditation purposes; (d) respecting applications for granting of and renewal of accreditation; (e) respecting the review of dental surgical facilities by the accreditation committee. (2) A regulation under subsection (1) does not come into force unless it is approved by the Minister . 2001 c21 s34;2020 c35 s102 (NOTE: Schedule 7 sections 1 to 10 proclaimed in force December 31, 2001. Schedule 7 sections 11 to 18 proclaimed in force January 1, 2003.) Schedule 8 Profession of Denturists College and records 1 (1) On the coming into force of this Schedule, the corporation known as the Alberta Denturist Society is continued as a corporation under the name College of Alberta Denturists. (2) On the coming into force of this Schedule, the corporation known as the Alberta Certified Dental Mechanics Society is dissolved, and all its assets and liabilities are vested in the College of Alberta Denturists, and all rights of action and actions by or against the Alberta Certified Dental Mechanics Society may be continued by or maintained against the College of Alberta Denturists. (3) On the coming into force of this Schedule, the College of Alberta Denturists has the ownership, custody and control of records of the Board of Examiners for Certified Dental Mechanics respecting the following: (a) current and former complaints and allegations of professional misconduct or incompetence made against certified dental mechanics under the Dental Mechanics Act and proceedings taken under that Act in respect of those complaints and allegations, (b) current and former applications for registration as certified dental mechanics under the Dental Mechanics Act and the educational qualifications of applicants for registration as certified dental mechanics under the Dental Mechanics Act , (c) certified dental mechanics under the Dental Mechanics Act and former certified dental mechanics under the Dental Mechanics Act and any registers or other material relating to registration and conditions, restrictions or limitations on registration, and (d) decisions and orders made with respect to certified dental mechanics or former certified dental mechanics under the Dental Mechanics Act . (4) Despite section 35(b) of the Freedom of Information and Protection of Privacy Act , on the coming into force of this Schedule the College of Alberta Denturists has the ownership, custody and control of records described in subsection (3), and the records must be given to the College of Alberta Denturists. (5) The Minister may request and collect information and records described in subsection (3) from the College of Alberta Denturists for purposes directly related to or necessary for any proceeding and preparation for a proceeding, with respect to an action or claim, or with respect to the negotiation or settlement of an action or claim before it is before a Court or while it is before a Court, and the Minister may disclose the information or records collected, as the Minister considers appropriate, in carrying out those purposes. Use of titles 2 A regulated member of the College of Alberta Denturists may, as authorized by the regulations, use any of the following titles: (a) denturist; (a.1) provisional denturist. (b), (c) repealed 2001 c21 s35. RSA 2000 cH‑7 Sched. 8 s2;2001 c21 s35;2005 c13 s4(8) Practice 3 In their practice, denturists do one or more of the following: (a) assess, diagnose and treat persons missing some or all of their natural teeth, (b) design, construct, repair, alter and fit any complete or partial denture for the purpose of restoring and maintaining function and appearance, (b.1) teach, manage and conduct research in the science, techniques and practice of denturism, and (c) provide restricted activities authorized by the regulations. RSA 2000 cH‑7 Sched. 8 s3;2008 c34 s23 Fines 4 Column 2 of the unprofessional conduct fines table applies to proceedings of the College of Alberta Denturists under Part 4. Transitional 5 On the coming into force of this Schedule, (a) the president of the Alberta Denturist Society continues as the president of the College of Alberta Denturists under this Act for the same term of office unless the term is terminated earlier under this Act; (b) the members of the Board of Directors of the Alberta Denturist Society continue as members of the council of the College of Alberta Denturists for the same term of office unless their terms are terminated earlier under this Act; (c) if the chair of the Board of Examiners for certified dental mechanics under the Dental Mechanics Act has directed the Board to hold a hearing and the hearing has commenced but not concluded, the members of the Board of Examiners continue as members of the Board of Examiners for the purpose of the hearing until it is concluded, as if this Schedule and Part 4 had not come into force and the former Act had not been repealed. Transitional 6 (1) On the coming into force of this Schedule, a person who is registered as a certified dental mechanic under the Dental Mechanics Act is deemed to be registered as a regulated member of, and to have been issued a practice permit by the registrar of, the College of Alberta Denturists under this Act subject to the same conditions as under the former Act until the practice permit expires or is cancelled under this Act. (2) Repealed 2001 c21 s35. RSA 2000 cH‑7 Sched. 8 s6;2001 c21 s35 6.1 On the coming into force of this Schedule, (a) a person who is registered as a student dental mechanic under the Dental Mechanics Act is not deemed to be registered as a regulated member of the College of Alberta Denturists under this Act, and (b) an application for registration as a student dental mechanic under the Dental Mechanics Act that is not concluded does not continue as an application to become a regulated member under this Act. 2001 c21 s35 Transitional 7 (1) On the coming into force of this Schedule, an application for registration as a certified dental mechanic made under the Dental Mechanics Act that has not been concluded must be concluded in accordance with that Act. (2) For the purposes of subsection (1), the powers and duties (a) of the Board of Examiners for certified dental mechanics under the Dental Mechanics Act are vested in and may be exercised by the council of the College of Alberta Denturists, and any reference to the Board of Examiners in the Dental Mechanics Act is deemed to be a reference to the council under this Act; (b) of the Minister under section 18 of the Dental Mechanics Act are vested in and may be exercised by the council of the College of Alberta Denturists by a bylaw of the council, and any reference to the Minister in section 18 of the Dental Mechanics Act is deemed to be a reference to the council under this Act. (3) A person who is registered under this section is deemed to be registered as a regulated member of, and is deemed to have been issued a practice permit by the registrar of, the College of Alberta Denturists under this Act subject to the same conditions until the practice permit expires or is cancelled under this Act. RSA 2000 cH‑7 Sched. 8 s7;2001 c21 s35 Transitional 8 (1) Any complaint made on or after the coming into force of this Schedule that relates to conduct occurring all or partly before the coming into force of this Schedule must be dealt with under this Act. (2) On the coming into force of this Schedule, any proceedings with respect to a complaint made under the Dental Mechanics Act before the coming into force of this Schedule that have not been concluded before the coming into force of this Schedule must be dealt with in accordance with that Act. (3) Subject to section 5(c) of this Schedule, for the purposes of subsection (2), the powers and duties (a) of the chair of the Board of Examiners for certified dental mechanics under the Dental Mechanics Act are vested in and may be exercised by the complaints director of the College of Alberta Denturists, and any reference to the chair of the Board of Examiners in the Dental Mechanics Act or in the regulations under that Act is deemed to be a reference to the complaints director under this Act; (b) of the Board of Examiners for certified dental mechanics under the Dental Mechanics Act are vested in and may be exercised by a hearing tribunal of the College of Alberta Denturists, and any reference to the Board of Examiners in the Dental Mechanics Act is deemed to be a reference to the hearing tribunal under this Act. (4) For the purposes of subsection (2), a reference to a certificate of proficiency in section 18 of the Dental Mechanics Regulation (AR 315/69) is deemed to be a reference to registration and a practice permit under this Act. (5) Any decision and order made by the Board of Examiners or hearing tribunal pursuant to this section is deemed to be a decision and order of a hearing tribunal under this Act. (NOTE: Schedule 8 proclaimed in force September 1, 2002.) Schedule 9 Profession of Hearing Aid Practitioners College and records 1 (1) On the coming into force of this Schedule, the corporation known as the Alberta Hearing Aid Practitioners Association is continued as a corporation under the name College of Hearing Aid Practitioners of Alberta. (2) On the coming into force of this Schedule, the College of Hearing Aid Practitioners of Alberta has the ownership, custody and control of records of the Health Disciplines Board respecting the following: (a) current and former complaints and allegations of professional misconduct or incompetence made against registered members of the designated health discipline of Hearing Aid Practitioners under the Health Disciplines Act and proceedings taken under the Health Disciplines Act in respect of those complaints and allegations, (b) current and former applications for registration as registered members in the designated health discipline of Hearing Aid Practitioners under the Health Disciplines Act and the educational qualifications of applicants for registration in the designated health discipline of Hearing Aid Practitioners, (c) registered members and former registered members in the designated health discipline of Hearing Aid Practitioners under the Health Disciplines Act and any registers or other material relating to registration and conditions, restrictions or limitations on registration, (d) decisions and orders made with respect to registered members or former registered members in the designated health discipline of Hearing Aid Practitioners under the Health Disciplines Act , and (e) records and information referred to in section 61 of the Health Disciplines Act relating to the designated health discipline of Hearing Aid Practitioners under the Health Disciplines Act . (3) Despite section 35(b) of the Freedom of Information and Protection of Privacy Act , on the coming into force of this Schedule the College of Hearing Aid Practitioners of Alberta has the ownership, custody and control of records described in subsection (2), and the records must be given to the College of Hearing Aid Practitioners of Alberta. (4) The Minister may request and collect information and records described in subsection (2) from the College of Hearing Aid Practitioners of Alberta for purposes directly related to or necessary for any proceeding, including an appeal described in section 8(5) of this Schedule, and preparation for a proceeding, with respect to an action or claim, or with respect to the negotiation or settlement of an action or claim before it is before a Court or while it is before a Court, and the Minister may disclose the information or records collected, as the Minister considers appropriate, in carrying out those purposes. Use of titles 2 A regulated member of the College of Hearing Aid Practitioners of Alberta may, as authorized by the regulations, use any of the following titles: (a) hearing aid practitioner; (b) repealed 2001 c21 s36; (c) hearing aid student intern. RSA 2000 cH‑7 Sched. 9 s2;2001 c21 s36 Practice 3 In their practice, hearing aid practitioners do one or more of the following: (a) examine and evaluate human hearing as it relates to hearing acuity, sensitivity and communication, (b) select and fit the appropriate hearing instruments, (c) provide restricted activities authorized by the regulations, and (d) teach, manage and conduct research in matters referred to in this section. Fines 4 Column 2 of the unprofessional conduct fines table applies to proceedings of the College of Hearing Aid Practitioners of Alberta under Part 4. Transitional 5 On the coming into force of this Schedule, (a) the members of the board of directors of the Alberta Hearing Aid Practitioners Association under the Health Disciplines Act continue as members of the council of the College of Hearing Aid Practitioners of Alberta under this Act for the same terms of office unless their terms are terminated earlier under this Act; (b) the Registrar of the Alberta Hearing Aid Practitioners Association under the Health Disciplines Act continues as the registrar of the College of Hearing Aid Practitioners of Alberta under this Act for the same term of office unless the term of office is terminated earlier under this Act; (c) the members of the registration committee established under the Hearing Aid Practitioners Regulation (AR 43/88) continue as members of the registration committee of the College of Hearing Aid Practitioners of Alberta under this Act for the same term of office unless their terms are terminated earlier under this Act; (d) if a referral has been made under section 30 of the Health Disciplines Act or a determination has been made under section 31 of the Health Disciplines Act that a hearing should be held and a hearing has commenced but not concluded, the members of the committee, as defined in section 27 of the Health Disciplines Act , continue as members of that committee for the purposes of the hearing until it is concluded, as if this Schedule and Part 4 had not come into force and the former Act had not been repealed with respect to the designated health discipline of Hearing Aid Practitioners. Transitional 6 (1) On the coming into force of this Schedule, a person who is registered as a registered member of the designated health discipline of Hearing Aid Practitioners under the Health Disciplines Act is deemed to be registered as a regulated member of, and to have been issued a practice permit by the registrar of, the College of Hearing Aid Practitioners of Alberta under this Act subject to the same conditions as under the former Act until the practice permit expires or is cancelled under this Act. (2) Repealed 2001 c21 s36. RSA 2000 cH‑7 Sched. 9 s6;2001 c21 s36 6.1 On the coming into force of this Schedule, (a) a person who is registered as a hearing aid practitioner student under the Health Disciplines Act is not deemed to be registered as a regulated member of the College of Hearing Aid Practitioners of Alberta under this Act, and (b) an application for registration as a student of the designated health discipline of Hearing Aid Practitioners under the Health Disciplines Act that is not concluded does not continue as an application to become a regulated member under this Act. 2001 c21 s36 Transitional 7 (1) On the coming into force of this Schedule, an application for registration, temporary registration or renewal of registration as a member , other than as a student member, of the designated health discipline of Hearing Aid Practitioners under the Health Disciplines Act that has not been concluded must be concluded in accordance with that Act. (2) For the purposes of subsection (1), the powers and duties (a) of the Director of Health Disciplines and the registrar of the designated health discipline of Hearing Aid Practitioners under the Health Disciplines Act are vested in and may be exercised by the registrar of the College of Hearing Aid Practitioners of Alberta, and any reference to the Director of Health Disciplines or the registrar in the Health Disciplines Act is deemed to be a reference to the registrar under this Act; (b) of the registration committee of the Alberta Hearing Aid Practitioners Association under the Health Disciplines Act are vested in and may be exercised by the registration committee of the College of Hearing Aid Practitioners of Alberta, and any reference to a committee in the Health Disciplines Act is deemed to be a reference to the registration committee under this Act; (c) of the Health Disciplines Board under the Health Disciplines Act are vested in and may be exercised by the council of the College of Hearing Aid Practitioners of Alberta, and any reference to the Health Disciplines Board in the Health Disciplines Act is deemed to be a reference to the council under this Act. (3) On the coming into force of this Schedule, a program of studies, an examination and a refresher program approved by the Health Disciplines Board under the Hearing Aid Practitioners Regulation (AR 43/88) continue as an approved program of study, an examination and a refresher program for the purposes of subsection (1). (4) For the purposes of subsection (1), a reference to a form in section 24(1) of the Health Disciplines Act is deemed to be a reference to a form provided for in the bylaws. (5) A person who is registered or whose registration is renewed under this section is deemed to be registered as a regulated member of, and to have been issued a practice permit by the registrar of, the College of Hearing Aid Practitioners of Alberta subject to the same conditions until the practice permit expires or is cancelled under this Act. RSA 2000 cH‑7 Sched. 9 s7;2001 c21 s36 Transitional 8 (1) Any complaint made on or after the coming into force of this Schedule that relates to conduct occurring all or partly before the coming into force of this Schedule must be dealt with under this Act. (2) On the coming into force of this Schedule, any proceedings with respect to a complaint made under the Health Disciplines Act or with respect to a preliminary investigation commenced under section 29(2) of the Health Disciplines Act , before the coming into force of this Schedule, with respect to the designated health discipline of Hearing Aid Practitioners under the Health Disciplines Act that have not been concluded must be concluded in accordance with that Act. (3) Subject to section 5(d) of this Schedule and subsection (5), for the purposes of subsection (2), the powers and duties (a) of the registrar of the designated health discipline of Hearing Aid Practitioners under the Health Disciplines Act , except under section 32(1), are vested in and may be exercised by the complaints director of the College of Hearing Aid Practitioners of Alberta, and any reference to the registrar in the Health Disciplines Act , except in section 32(1), is deemed to be a reference to the complaints director under this Act; (b) of the registrar under section 32(1) of the Health Disciplines Act are vested in and may be exercised by the president of the College of Hearing Aid Practitioners of Alberta, and any reference to the registrar in section 32(1) of the Health Disciplines Act is deemed to be a reference to the president under this Act; (c) of the chair of a committee under Part 4 of the Health Disciplines Act are vested in and may be exercised by the complaints director of the College of Hearing Aid Practitioners of Alberta, and any reference to the chair in Part 4 of the Health Disciplines Act is deemed to be a reference to the complaints director under this Act; (d) of the Director of Health Disciplines under the Health Disciplines Act , except under sections 17(8) and 29(2), are vested in and may be exercised by the hearings director of the College of Hearing Aid Practitioners of Alberta, and any reference to the Director in the Health Disciplines Act , except in sections 17(8) and 29(2), is deemed to be a reference to the hearings director under this Act; (e) of the committee under section 31 of the Health Disciplines Act are vested in and may be exercised by the complaint review committee of the College of Hearing Aid Practitioners of Alberta, and any reference to the committee in section 31 of the Health Disciplines Act is deemed to be a reference to the complaint review committee under this Act; (f) of the committee under Part 4 of the Health Disciplines Act , except under section 31, are vested in and may be exercised by a hearing tribunal of the College of Hearing Aid Practitioners of Alberta, and any reference to the committee in Part 4 of the Health Disciplines Act , except in section 31, is deemed to be a reference to the hearing tribunal under this Act; (g) of the Health Disciplines Board under the Health Disciplines Act are vested in and may be exercised by the council of the College of Hearing Aid Practitioners of Alberta, and any reference to the Board in the Health Disciplines Act is deemed to be a reference to the council under this Act; (h) of the governing body of the association under Part 5 of the Health Disciplines Act are vested in and may be exercised by the council of the College of Hearing Aid Practitioners of Alberta, and any reference to the governing body of the association in Part 5 of the Health Disciplines Act is deemed to be a reference to the council under this Act; (i) of the Health Disciplines Director under section 29(2) of the Health Disciplines Act are vested in and may be exercised by the complaints director of the College of Hearing Aid Practitioners of Alberta, and any reference to the Director in section 29(2) of the Health Disciplines Act is deemed to be a reference to the complaints director under this Act. (4) For the purposes of subsection (2), a reference to registration in the Health Disciplines Act is deemed to be a reference to registration and a practice permit under this Act. (5) If on the coming into force of this Schedule the Health Disciplines Board has commenced but not concluded hearing an appeal, the members of the Board continue as the Board for the purposes of hearing the appeal until it is concluded, as if this Schedule and Part 4 had not come into force and the former Act had not been repealed with respect to the designated health discipline of Hearing Aid Practitioners. (6) Any decision and order made by a committee as defined in Part 4 of the Health Disciplines Act , the Health Disciplines Board, a hearing tribunal or a council pursuant to this section is deemed to be a decision and order of a hearing tribunal or the council under this Act. (NOTE: Schedule 9 proclaimed in force July 1, 2002.) Schedule 10 Profession of Licensed Practical Nurses and Health Care Aides College and records 1 (1) On the coming into force of this Schedule, the corporation known as the College of Licensed Practical Nurses of Alberta is continued as a corporation under the name of the College of Licensed Practical Nurses and Health Care Aides of Alberta. (2) On the coming into force of this Schedule, the College of Licensed Practical Nurses and Health Care Aides of Alberta has the ownership, custody and control of records of the Health Disciplines Board respecting the following: (a) current and former complaints and allegations of professional misconduct or incompetence made against registered members of the designated health discipline of Licensed Practical Nurses under the Health Disciplines Act and proceedings taken under the Health Disciplines Act in respect of those complaints and allegations, (b) current and former applications for registration as registered members in the designated health discipline of Licensed Practical Nurses under the Health Disciplines Act and the educational qualifications of applicants for registration in the designated health discipline of Licensed Practical Nurses, (c) registered members and former registered members in the designated health discipline of Licensed Practical Nurses under the Health Disciplines Act and any registers or other material relating to registration and conditions, restrictions or limitations on registration, (d) decisions and orders made with respect to registered members or former registered members in the designated health discipline of Licensed Practical Nurses under the Health Disciplines Act , and (e) records and information referred to in section 61 of the Health Disciplines Act relating to the designated health discipline of Licensed Practical Nurses under the Health Disciplines Act . (3) Despite section 35(b) of the Freedom of Information and Protection of Privacy Act , on the coming into force of this Schedule the College of Licensed Practical Nurses and Health Care Aides of Alberta has the ownership, custody and control of records described in subsection (2), and the records must be given to the College of Licensed Practical Nurses and Health Care Aides of Alberta. (4) The Minister may request and collect information and records described in subsection (2) from the College of Licensed Practical Nurses and Health Care Aides of Alberta for purposes directly related to or necessary for any proceeding, including an appeal described in section 8(5) of this Schedule, and preparation for a proceeding, with respect to an action or claim, or with respect to the negotiation or settlement of an action or claim before it is before a Court or while it is before a Court, and the Minister may disclose the information or records collected, as the Minister considers appropriate, in carrying out those purposes. RSA 2000 cH-7 Sched. 10 s1;2020 c35 s105 Use of titles, etc. 2 A regulated member of the College of Licensed Practical Nurses and Health Care Aides of Alberta may, as authorized by the regulations, use any of the following titles, abbreviations and initials: (a) licensed practical nurse; (b) practical nurse; (c) nursing assistant; (d) L.P.N.; (e) R.N.A.; (f) repealed 2001 c21 s37; (g) Health Care Aide; (h) H.C.A. RSA 2000 cH‑7 Sched. 10 s2;2001 c21 s37;2020 c35 s105 Practice 3 (1) In their practice, licensed practical nurses do one or more of the following: (a) apply nursing knowledge, skills and judgment to assess patients’ needs, (b) provide nursing care for patients and families, (b.1) teach, manage and conduct research in the science, techniques and practice of nursing, and (c) provide restricted activities authorized by the regulations. (2) In their practice, health care aides do one or more of the following: (a) assist and support activities of daily living to provide basic personal care and health services, (b) participate in client education and promotion of client wellness across the lifespan, (c) assist in teaching a Health Care Aide certificate program approved by the council, (d) teach health care aide techniques and practices to practitioners in the workplace, and (e) provide restricted activities provided by the regulations. RSA 2000 cH‑7 Sched. 10 s3;2008 c34 s24;2020 c35 s105 Fines 4 Column 1 of the unprofessional conduct fines table applies to proceedings of the College of Licensed Practical Nurses and Health Care Aides of Alberta under Part 4. RSA 2000 cH-7 Sched.
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Health Professions Act — segment 9
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Health Professions Act — segment 9
This provision keeps certain professional registrations, offices, complaints processes, and records in place when the new schedules come into force.
10 s4;2020 c35 s105 Transitional 5 On the coming into force of this Schedule, (a) the members of the Board of Governors of the College of Licensed Practical Nurses of Alberta under the Health Disciplines Act continue as members of the council of the College of Licensed Practical Nurses of Alberta under this Act for the same terms of office unless their terms are terminated earlier under this Act; (b) the Registrar of the College of Licensed Practical Nurses of Alberta under the Health Disciplines Act continues as the registrar of the College of Licensed Practical Nurses of Alberta under this Act for the same term of office unless the term is terminated earlier under this Act; (c) the president of the College of Licensed Practical Nurses of Alberta under the Health Disciplines Act continues as the president of the College of Licensed Practical Nurses of Alberta under this Act for the same term of office unless the term is terminated earlier under this Act; (d) if a referral has been made under section 30 of the Health Disciplines Act or a determination has been made under section 31 of the Health Disciplines Act that a hearing should be held and a hearing has commenced but not concluded, the members of the committee, as defined in section 27 of the Health Disciplines Act , continue as members of that committee for the purposes of the hearing until it is concluded, as if this Schedule and Part 4 had not come into force and the former Act had not been repealed with respect to the designated health discipline of Licensed Practical Nurses; (e) the members of the Registration Committee established under the Licensed Practical Nurses Regulation (AR 103/97) continue as members of a registration committee of the College of Licensed Practical Nurses of Alberta under this Act for the same term of office unless their terms are terminated earlier under this Act. Transitional 6 On the coming into force of this Schedule, a person who is registered or temporarily registered as a member of the designated health discipline of Licensed Practical Nurses under the Health Disciplines Act is deemed to be registered as a regulated member of, and to have been issued a practice permit by the registrar of, the College of Licensed Practical Nurses of Alberta under this Act subject to the same conditions as under the former Act until the practice permit expires or is cancelled under this Act. Transitional 7 (1) On the coming into force of this Schedule, an application for registration, temporary registration or renewal of registration as a member of the designated health discipline of Licensed Practical Nurses under the Health Disciplines Act that has not been concluded must be concluded in accordance with that Act. (2) For the purposes of subsection (1), the powers and duties (a) of the Director of Health Disciplines and the Registrar of the designated health discipline of Licensed Practical Nurses under the Health Disciplines Act are vested in and may be exercised and performed by the registrar of the College of Licensed Practical Nurses of Alberta, and any reference to the Director or the registrar in the Health Disciplines Act is deemed to be a reference to the registrar under this Act; (b) of the Registration Committee of the College of Licensed Practical Nurses of Alberta under the Health Disciplines Act are vested in and may be exercised by the registration committee of the College of Licensed Practical Nurses of Alberta under this Act, and any reference to a committee in the Health Disciplines Act is deemed to be a reference to the registration committee under this Act; (c) of the Health Disciplines Board under the Health Disciplines Act are vested in and may be exercised by the council of the College of Licensed Practical Nurses of Alberta, and any reference to the Health Disciplines Board in the Health Disciplines Act is deemed to be a reference to the council under this Act. (3) On the coming into force of this Schedule, a program of studies and an examination approved by the Health Disciplines Board under the Licensed Practical Nurses Regulation (AR 103/97) continue as an approved program of study and an examination for the purposes of subsection (1). (4) For the purposes of subsection (1), a reference to a form in section 24(1) of the Health Disciplines Act is deemed to be a reference to a form provided for by the bylaws. (5) A person who is registered or whose registration is renewed under this section is deemed to be registered as a regulated member of, and to have been issued a practice permit by, the College of Licensed Practical Nurses of Alberta under this Act subject to the same conditions until the practice permit expires or is cancelled under this Act. Transitional 8 (1) Any complaint made on or after the coming into force of this Schedule that relates to conduct occurring all or partly before the coming into force of this Schedule must be dealt with under this Act. (2) On the coming into force of this Schedule, any proceedings with respect to a complaint made under the Health Disciplines Act or with respect to a preliminary investigation commenced under section 29(2) of the Health Disciplines Act , before the coming into force of this Schedule, with respect to the designated health discipline of Licensed Practical Nurses under the Health Disciplines Act that have not been concluded must be concluded in accordance with that Act. (3) Subject to section 5(e) of this Schedule and subsection (5), for the purposes of subsection (2), the powers and duties (a) of the Registrar of the designated health discipline of Licensed Practical Nurses under the Health Disciplines Act , except under section 32(1), are vested in and may be exercised by the complaints director of the College of Licensed Practical Nurses of Alberta, and any reference to the registrar in the Health Disciplines Act , except in section 32(1), is deemed to be a reference to the complaints director under this Act; (b) of the registrar under section 32(1) of the Health Disciplines Act are vested in and may be exercised by the president of the College of Licensed Practical Nurses of Alberta under this Act, and any reference to the registrar in section 32(1) of the Health Disciplines Act is deemed to be a reference to the president under this Act; (c) of the chair of a committee under Part 4 of the Health Disciplines Act are vested in and may be exercised by the complaints director of the College of Licensed Practical Nurses of Alberta under this Act, and any reference to the chair in Part 4 of the Health Disciplines Act is deemed to be a reference to the complaints director under this Act; (d) of the Director of Health Disciplines under the Health Disciplines Act , except under sections 17(8) and 29(2), are vested in and may be exercised by the hearings director of the College of Licensed Practical Nurses of Alberta, and any reference to the Director in the Health Disciplines Act , except in sections 17(8) and 29(2), is deemed to be a reference to the hearings director under this Act; (e) of the committee under section 31 of the Health Disciplines Act are vested in and may be exercised by the complaint review committee of the College of Licensed Practical Nurses of Alberta, and any reference to the committee in section 31 of the Health Disciplines Act is deemed to be a reference to the complaint review committee under this Act; (f) of the committee under Part 4 of the Health Disciplines Act , except under section 31, are vested in and may be exercised by a hearing tribunal of the College of Licensed Practical Nurses of Alberta, and any reference to the committee in Part 4 of the Health Disciplines Act , except in section 31, is deemed to be a reference to the hearing tribunal under this Act; (g) of the Health Disciplines Board under the Health Disciplines Act are vested in and may be exercised by the council of the College of Licensed Practical Nurses of Alberta, and any reference to the Board in the Health Disciplines Act is deemed to be a reference to the council under this Act; (h) of the governing body of the association under Part 5 of the Health Disciplines Act are vested in and may be exercised by the council of the College of Licensed Practical Nurses of Alberta, and any reference to the governing body of the association in Part 5 of the Health Disciplines Act is deemed to be a reference to the council under this Act; (i) of the Director of Health Disciplines under section 29(2) of the Health Disciplines Act are vested in and may be exercised by the complaints director of the College of Licensed Practical Nurses of Alberta, and any reference to the Director in section 29(2) of the Health Disciplines Act is deemed to be a reference to the complaints director under this Act. (4) For the purposes of subsection (2), a reference to registration in the Health Disciplines Act is deemed to be a reference to registration and a practice permit under this Act. (5) If on the coming into force of this Schedule the Health Disciplines Board has commenced but not concluded hearing an appeal, the members of the Board continue as the Board for the purposes of hearing the appeal until it is concluded, as if this Schedule and Part 4 had not come into force and the former Act had not been repealed with respect to the designated health discipline of Licensed Practical Nurses. (6) Any decision and order made by a committee, as defined in Part 4 of the Health Disciplines Act , the Health Disciplines Board, a hearing tribunal or a council pursuant to this section is deemed to be a decision and order of a hearing tribunal or the council under this Act. Transitional re Health Care Aides 9 On the coming into force of this section, a member who, immediately before the coming into force of this section, is enrolled in the Health Care Aide Directory, is deemed to be registered as a regulated member on a Health Care Aide register of, and deemed to have been issued a practice permit by the registrar of, the College of Licensed Practical Nurses and Health Care Aides of Alberta. 2020 c35 s105 (NOTE: Schedule 10 proclaimed in force April 12, 2003.) Schedule 11 Profession of Medical Laboratory Technologists College and records 1 (1) The corporation known as the Alberta College of Medical Laboratory Technologists is continued as a corporation under the name College of Medical Laboratory Technologists of Alberta. (2) Despite section 35(b) of the Freedom of Information and Protection of Privacy Act , the College of Medical Laboratory Technologists of Alberta has the ownership, custody and control of records respecting the following: (a) current and former complaints and allegations of professional misconduct or incompetence made against regulated members of the profession of Medical Laboratory Technologists and proceedings taken in respect of those complaints and allegations; (b) current and former applications for registration as regulated members in the profession of Medical Laboratory Technologists and the educational qualifications of applicants for registration in the profession of Medical Laboratory Technologists; (c) regulated members and former regulated members in the profession of Medical Laboratory Technologists and any registers or other material relating to registration and conditions, restrictions or limitations on their registration; (d) decisions and orders made with respect to regulated members or former regulated members in the profession of Medical Laboratory Technologists; (e) health information relating to the services provided by a regulated member of the Alberta College of Medical Laboratory Technologists to an individual that has been collected for the purposes of this Act. (3) Repealed 2016 c9 s12. (4) The Minister may request and collect information and records described in subsection (2) from the College of Medical Laboratory Technologists of Alberta for purposes directly related to or necessary for any proceeding, including an appeal described in section 8(5) of this Schedule, and preparation for a proceeding, with respect to an action or claim, or with respect to the negotiation or settlement of an action or claim before it is before a Court or while it is before a Court, and the Minister may disclose the information or records collected, as the Minister considers appropriate, in carrying out those purposes. RSA 2000 cH‑7 Sched. 11 s1;2016 c9 s12 Use of titles, etc. 2 A regulated member of the College of Medical Laboratory Technologists of Alberta may, as authorized by the regulations, use any of the following titles, abbreviations and initials: (a) medical laboratory technologist; (b) M.L.T. (c) repealed 2006 c19 s2(16). RSA 2000 cH‑7 Sched. 11 s2;2006 c19 s2(16); 2016 c9 s12 Practice 3 In their practice, medical laboratory technologists do one or more of the following: (a) collect and analyze biological samples, perform quality control procedures and communicate results that have been critically evaluated to ensure accuracy and reliability, (b) teach, manage and conduct research in the science and techniques of medical laboratory technology, and (c) provide restricted activities authorized by the regulations. Fines 4 Column 1 of the unprofessional conduct fines table applies to proceedings of the College of Medical Laboratory Technologists of Alberta under Part 4. RSA 2000 cH‑7 Sched. 11 s4;2016 c9 s12 Transitional 5 (1) The members of the council of the Alberta College of Medical Laboratory Technologists continue as members of the council of the College of Medical Laboratory Technologists of Alberta for the same terms of office unless their terms are terminated earlier under this Act. (2) The registrar of the Alberta College of Medical Laboratory Technologists continues as the registrar of the College of Medical Laboratory Technologists of Alberta for the same term of office unless the term is terminated earlier under this Act. (3) The president of the Alberta College of Medical Laboratory Technologists continues as the president of the College of Medical Laboratory Technologists of Alberta for the same term of office unless the term is terminated earlier under this Act. (4) The members of the registration committee established under the Medical Laboratory Technologists Profession Regulation (AR 255/2001) continue as the members of the registration committee of the College of Medical Laboratory Technologists of Alberta for the same terms of office unless their terms are terminated earlier under this Act. RSA 2000 cH‑7 Sched. 11 s5;2016 c9 s12 Transitional 6 A person who, immediately before the coming into force of the Health Professions Amendment Act, 2016 , is a registered member of the profession of Medical Laboratory Technologists is deemed to be registered as a regulated member of, and to have been issued a practice permit by the registrar of, the College of Medical Laboratory Technologists of Alberta subject to the same conditions as under the original registration until the practice permit expires or is cancelled under this Act. RSA 2000 cH‑7 Sched. 11 s6;2016 c9 s12 7 and 8 Repealed 2016 c9 s12. (NOTE: Schedule 11 proclaimed in force March 1, 2002.) Schedule 12 Profession of Medical Diagnostic and Therapeutic Technologists College and records 1 (1) On the coming into force of this Schedule, the corporation known as the Alberta Association of Medical Radiation Technologists is continued as a corporation under the name Alberta College of Medical Diagnostic and Therapeutic Technologists. (2) On the coming into force of this Schedule, the Alberta College of Medical Diagnostic and Therapeutic Technologists has the ownership, custody and control of records of the Health Disciplines Board respecting the following: (a) current and former complaints and allegations of professional misconduct or incompetence made against registered members of the designated health discipline of Medical Radiation Technologists under the Health Disciplines Act and proceedings taken under the Health Disciplines Act in respect of those complaints and allegations, (b) current and former applications for registration as registered members in the designated health discipline of Medical Radiation Technologists under the Health Disciplines Act and the educational qualifications of applicants for registration in the designated health discipline of Medical Radiation Technologists, (c) registered members and former registered members in the designated health discipline of Medical Radiation Technologists under the Health Disciplines Act and any registers or other material relating to registration and conditions, restrictions or limitations on registration, (d) decisions and orders made with respect to registered members or former registered members in the designated health discipline of Medical Radiation Technologists under the Health Disciplines Act , and (e) records and information referred to in section 61 of the Health Disciplines Act relating to the designated health discipline of Medical Radiation Technologists under the Health Disciplines Act . (3) Despite section 35(b) of the Freedom of Information and Protection of Privacy Act , on the coming into force of this Schedule the Alberta College of Medical Diagnostic and Therapeutic Technologists has the ownership, custody and control of records described in subsection (2), and the records must be given to the Alberta College of Medical Diagnostic and Therapeutic Technologists. (4) The Minister may request and collect information and records described in subsection (2) from the Alberta College of Medical Diagnostic and Therapeutic Technologists for purposes directly related to or necessary for any proceeding, including an appeal described in section 8(5) of this Schedule, and preparation for a proceeding, with respect to an action or claim, or with respect to the negotiation or settlement of an action or claim before it is before a Court or while it is before a Court, and the Minister may disclose the information or records collected, as the Minister considers appropriate, in carrying out those purposes. RSA 2000 cH‑7 Sched. 12 s1;2003 c39 s9 Use of titles, etc. 2 A regulated member of the Alberta College of Medical Diagnostic and Therapeutic Technologists may, as authorized by the regulations, use any of the following titles, abbreviations and initials: (a) radiological technologist; (b) radiation therapist; (c) nuclear medicine technologist; (d) magnetic resonance technologist; (e) medical radiation technologist; (f) medical radiation technologist (radiological); (g) medical radiation technologist (nuclear medicine); (h) medical radiation technologist (therapy); (i) medical radiation technologist (magnetic resonance); (j) electroencephalography technologist; (k) electroneurophysiology technologist; (l) diagnostic medical sonographer; (m) sonographer; (n) echocardiographer; (o) ultrasonographer; (p) ultrasound technologist; (q) vascular technologist; (r) MRT; (s) MRT (R); (t) MRT (NM); (u) MRT (T); (v) MRT (MR); (w) ENP; (x) EEGT; (y) DMS. RSA 2000 cH‑7 Sched. 12 s2;2003 c39 s9;2007 c32 s1(37); 2016 c9 s13 Practice 3 (1) In their practice, medical diagnostic and therapeutic technologists do one or more of the following: (a) apply ionizing radiation, non‑ionizing radiation and other forms of energy to produce diagnostic images, (b) evaluate the technical sufficiency of the images, (c) use ionizing radiation, non‑ionizing radiation and other forms of energy for treatment purposes, (d) teach, manage and conduct research in the science, techniques and practice of medical diagnostic and therapeutic technology, (d.1) assess the medical condition and needs of patients before, during and after the procedure described in clause (a), and (e) provide restricted activities authorized by the regulations. (2) In their professional practice, electroneurophysiology technologists do one or more of the following: (a) use sensitive electronic equipment to record and evaluate the electrical activity of patients’ central and peripheral nervous systems to assist physicians, surgeons and other health professionals in diagnosing diseases, injuries and abnormalities; (a.01) evaluate the technical sufficiency of the recordings made under clause (a); (a.02) assess the medical condition and needs of patients before, during and after the procedure described in clause (a); (a.1) teach, manage and conduct research in the science, techniques and practice of electroneurophysiology; (b) provide restricted activities authorized by the regulations. RSA 2000 cH‑7 Sched. 12 s3;2003 c39 s9;2008 c34 s24; 2016 c9 s13 Fines 4 Column 2 of the unprofessional conduct fines table applies to proceedings of the Alberta College of Medical Diagnostic and Therapeutic Technologists under Part 4. RSA 2000 cH‑7 Sched. 12 s4;2003 c39 s9 Transitional 5 On the coming into force of this Schedule, (a) the members of the council of the Alberta Association of Medical Radiation Technologists under the Health Disciplines Act continue as members of the council of the Alberta College of Medical Diagnostic and Therapeutic Technologists under this Act for the same terms of office unless their terms are terminated earlier under this Act; (b) the Registrar of the Alberta Association of Medical Radiation Technologists under the Health Disciplines Act continues as the registrar of the Alberta College of Medical Diagnostic and Therapeutic Technologists under this Act for the same term of office unless the term is terminated earlier under this Act; (c) the president of the Alberta Association of Medical Radiation Technologists under the Health Disciplines Act continues as the president of the Alberta College of Medical Diagnostic and Therapeutic Technologists under this Act for the same term of office unless the term is terminated earlier under this Act; (d) if a referral has been made under section 30 of the Health Disciplines Act or a determination has been made under section 31 of the Health Disciplines Act that a hearing should be held and a hearing has commenced but not concluded, the members of the committee, as defined in section 27 of the Health Disciplines Act , continue as members of that committee for the purposes of the hearing until it is concluded, as if this Schedule and Part 4 had not come into force and the former Act had not been repealed with respect to the designated health discipline of Medical Radiation Technologists. RSA 2000 cH‑7 Sched. 12 s5;2003 c39 s9 Transitional 6 On the coming into force of this Schedule, a person who is registered or temporarily registered as a member of the designated health discipline of Medical Radiation Technologists under the Health Disciplines Act is deemed to be registered as a regulated member of, and to have been issued a practice permit by the registrar of, The Alberta College of Medical Diagnostic and Therapeutic Technologists under this Act subject to the same conditions as under the former Act until the practice permit expires or is cancelled under this Act. RSA 2000 cH‑7 Sched. 12 s6;2003 c39 s9 Transitional 7 (1) On the coming into force of this Schedule, an application for registration, temporary registration or renewal of registration as a member of the designated health discipline of Medical Radiation Technologists under the Health Disciplines Act that has not been concluded must be concluded in accordance with that Act. (2) For the purposes of subsection (1), the powers and duties (a) of the Director of Health Disciplines and the registrar of the designated health discipline of Medical Radiation Technologists under the Health Disciplines Act are vested in and may be exercised by the registrar of the Alberta College of Medical Diagnostic and Therapeutic Technologists, and any reference to the Director of Health Disciplines or the registrar in the Health Disciplines Act is deemed to be a reference to the registrar under this Act; (b) of the Registration Committee of the Alberta Association of Medical Radiation Technologists under the Health Disciplines Act are vested in and may be exercised by the registration committee of the Alberta College of Medical Diagnostic and Therapeutic Technologists, and any reference to a committee in the Health Disciplines Act is deemed to be a reference to the registration committee under this Act; (c) of the Health Disciplines Board to review a decision of the Registration Committee of the Alberta Association of Medical Radiation Technologists under the Health Disciplines Act are vested in and may be exercised by the council of the Alberta College of Medical Diagnostic and Therapeutic Technologists, and any reference to the Health Disciplines Board in the Health Disciplines Act is deemed to be a reference to the council under this Act. (3) On the coming into force of this Schedule, a program of study, an examination and a refresher program approved by the Health Disciplines Board under the Medical Radiation Technologists Regulation (AR 327/85) continue as an approved program of study, examination and refresher program for the purposes of subsection (1). (4) For the purposes of subsection (1), a reference to a form in section 24(1) of the Health Disciplines Act is deemed to be a reference to a form provided for in the bylaws. (5) A person who is registered or whose registration is renewed under this section is deemed to be registered as a regulated member of, and to have been issued a practice permit by the registrar of, the Alberta College of Medical Diagnostic and Therapeutic Technologists under this Act subject to the same conditions until the practice permit expires or is cancelled under this Act. RSA 2000 cH‑7 Sched. 12 s7;2003 c39 s9 Transitional 8 (1) Any complaint made on or after the coming into force of this Schedule that relates to conduct occurring all or partly before the coming into force of this Schedule must be dealt with under this Act. (2) On the coming into force of this Schedule, any proceedings with respect to a complaint made under the Health Disciplines Act or with respect to a preliminary investigation commenced under section 29(2) of the Health Disciplines Act , before the coming into force of this Schedule, with respect to the designated health discipline of Medical Radiation Technologists under the Health Disciplines Act that have not been concluded must be concluded in accordance with that Act. (3) Subject to section 5(d) of this Schedule and subsection (5), for the purposes of subsection (2), the powers and duties (a) of the registrar of the designated health discipline of Medical Radiation Technologists under the Health Disciplines Act , except under section 32(1), are vested in and may be exercised by the complaints director of the Alberta College of Medical Diagnostic and Therapeutic Technologists, and any reference to the registrar in the Health Disciplines Act , except in section 32(1), is deemed to be a reference to the complaints director under this Act; (b) of the registrar under section 32(1) of the Health Disciplines Act are vested in and may be exercised by the president of the Alberta College of Medical Diagnostic and Therapeutic Technologists, and any reference to the registrar in section 32(1) of the Health Disciplines Act is deemed to be a reference to the president under this Act; (c) of the chair of a committee under Part 4 of the Health Disciplines Act are vested in and may be exercised by the complaints director of the Alberta College of Medical Diagnostic and Therapeutic Technologists, and any reference to the chair in Part 4 of the Health Disciplines Act is deemed to be a reference to the complaints director under this Act; (d) of the Director of Health Disciplines under the Health Disciplines Act , except under sections 17(8) and 29(2), are vested in and may be exercised by the hearings director of the Alberta College of Medical Diagnostic and Therapeutic Technologists, and any reference to the Director in the Health Disciplines Act , except in sections 17(8) and 29(2), is deemed to be a reference to the hearings director under this Act; (e) of the committee under section 31 of the Health Disciplines Act are vested in and may be exercised by the complaint review committee of the Alberta College of Medical Diagnostic and Therapeutic Technologists, and any reference to the committee in section 31 of the Health Disciplines Act is deemed to be a reference to the complaint review committee under this Act; (f) of the committee under Part 4 of the Health Disciplines Act , except under section 31, are vested in and may be exercised by a hearing tribunal of the Alberta College of Medical Diagnostic and Therapeutic Technologists, and any reference to the committee in Part 4 of the Health Disciplines Act , except in section 31, is deemed to be a reference to a hearing tribunal under this Act; (g) of the Health Disciplines Board under the Health Disciplines Act are vested in and may be exercised by the council of the Alberta College of Medical Diagnostic and Therapeutic Technologists, and any reference to the Health Disciplines Board in the Health Disciplines Act is deemed to be a reference to the council under this Act; (h) of the governing body of the association under Part 5 of the Health Disciplines Act are vested in and may be exercised by the council of the Alberta College of Medical Diagnostic and Therapeutic Technologists and any reference to the governing body of the association in Part 5 of the Health Disciplines Act is deemed to be a reference to the council under this Act; (i) of the Director under section 29(2) of the Health Disciplines Act are vested in and may be exercised by the complaints director of the Alberta College of Medical Diagnostic and Therapeutic Technologists, and any reference to the Director in section 29(2) of the Health Disciplines Act is deemed to be a reference to the complaints director under this Act. (4) For the purposes of subsection (2), a reference to registration in the Health Disciplines Act is deemed to be a reference to registration and a practice permit under this Act. (5) If on the coming into force of this Schedule the Health Disciplines Board has commenced but not concluded hearing an appeal, the members of the Board continue as the Board for the purposes of hearing the appeal until it is concluded, as if this Schedule and Part 4 had not come into force and the former Act had not been repealed with respect to the designated health discipline of Medical Radiation Technologists. (6) Any decision and order made by a committee, as defined in Part 4 of the Health Disciplines Act , the Health Disciplines Board, a hearing tribunal or a council pursuant to subsection (2) is deemed to be a decision and order of a hearing tribunal or council under this Act. RSA 2000 cH‑7 Sched. 12 s8;2003 c39 s9 (NOTE: Schedule 12 proclaimed in force May 1, 2005.) Schedule 13 Profession of Midwives College and records 1 (1) On the coming into force of this Schedule, the corporation known as the College of Midwives of Alberta is continued as a corporation under the name College of Midwives of Alberta. (2) On the coming into force of this Schedule, the College of Midwives of Alberta has the ownership, custody and control of records of the Health Disciplines Board respecting the following: (a) current and former complaints and allegations of professional misconduct or incompetence made against registered members of the designated health discipline of Midwives under the Health Disciplines Act and proceedings taken under the Health Disciplines Act in respect of those complaints and allegations, (b) current and former applications for registration as registered members in the designated health discipline of Midwives under the Health Disciplines Act and the educational qualifications of applicants for registration in the designated health discipline of Midwives, (c) registered members and former registered members in the designated health discipline of Midwives under the Health Disciplines Act and any registers or other material relating to registration and conditions, restrictions or limitations on registration, (d) decisions and orders made with respect to registered members or former registered members in the designated health discipline of Midwives under the Health Disciplines Act , and (e) records and information referred to in section 61 of the Health Disciplines Act relating to the designated health discipline of Midwives under the Health Disciplines Act . (3) Despite section 35(b) of the Freedom of Information and Protection of Privacy Act , on the coming into force of this Schedule the College of Midwives of Alberta has the ownership, custody and control of records described in subsection (2), and the records must be given to the College of Midwives of Alberta. (4) The Minister may request and collect information and records described in subsection (2) from the College of Midwives of Alberta for purposes directly related to or necessary for any proceeding, including an appeal described in section 9(5) of this Schedule, and preparation for a proceeding, with respect to an action or claim, or with respect to the negotiation or settlement of an action or claim before it is before a Court or while it is before a Court, and the Minister may disclose the information or records collected, as the Minister considers appropriate, in carrying out those purposes. RSA 2000 cH‑7 Sched. 13 s1;2018 c20 s8 Use of titles, etc. 2 A regulated member of the College of Midwives of Alberta may, as authorized by the regulations, use any of the following titles, abbreviations and initials: (a) midwife; (b) registered midwife; (c) R.M. (d) repealed 2001 c21 s38. RSA 2000 cH‑7 Sched. 13 s2;2001 c21 s38 Practice 3 In their practice, midwives do one or more of the following: (a) provide comprehensive prenatal, labour, birth and postpartum care to clients experiencing normal pregnancy, (a.1) provide preventive monitoring, health education and advice to clients, (b) provide counselling, education and emotional support related to the clients’ physical, psychological and social needs, (c) provide restricted activities authorized by the regulations, and (d) teach, manage and conduct research in the science, techniques and practice of midwifery. RSA 2000 cH‑7 Sched. 13 s3;2009 c46 s4;2016 c9 s14; Fines 4 Column 2 of the unprofessional conduct fines table applies to proceedings of the College of Midwives of Alberta under Part 4. Transitional 5 On the coming into force of this Schedule, if a referral has been made under section 30 of the Health Disciplines Act or a determination has been made under section 31 of the Health Disciplines Act that a hearing should be held and a hearing has commenced but not concluded, the members of the committee, as defined in section 27 of the Health Disciplines Act , continue as members of that committee for the purposes of the hearing until it is concluded, as if this Schedule and Part 4 had not come into force and the former Act had not been repealed with respect to the designated health discipline of Midwives. Transitional 6 On the coming into force of this Schedule, a person who is registered or temporarily registered as a member of the designated health discipline of Midwives under the Health Disciplines Act is deemed to be registered as a regulated member of, and to have been issued a practice permit by the registrar of, the College of Midwives of Alberta under this Act subject to the same conditions as under the former Act until the practice permit expires or is cancelled under this Act. Transitional 7 (1) On the coming into force of this Schedule, an application for registration, temporary registration or renewal of registration as a member of the designated health discipline of Midwives under the Health Disciplines Act that has not been concluded must be concluded in accordance with that Act. (2) For the purposes of subsection (1), the powers and duties (a) of the Director of Health Disciplines and of the registrar of the designated health discipline of midwives under the Health Disciplines Act are vested in and may be exercised by the registrar of the College of Midwives of Alberta, and any reference to the Director of Health Disciplines or the registrar in the Health Disciplines Act is deemed to be a reference to the registrar under this Act; (b) of the Midwifery Health Discipline Committee under the Health Disciplines Act are vested in and may be exercised by the registration committee of the College of Midwives of Alberta, and any reference to a committee in the Health Disciplines Act is deemed to be a reference to the registration committee under this Act; (c) of the Health Disciplines Board under the Health Disciplines Act are vested in and may be exercised by the council of the College of Midwives of Alberta, and any reference to the Health Disciplines Board in the Health Disciplines Act is deemed to be a reference to the council under this Act. (3) On the coming into force of this Schedule, a program of studies, an examination and a refresher program approved by the Health Disciplines Board under the Midwifery Regulation (AR 328/94) continue as an approved program of studies, an examination and a refresher program for the purposes of subsection (1). (4) For the purposes of subsection (1), a reference to a form in section 24(1) of the Health Disciplines Act is deemed to be a reference to a form provided for by the bylaws. (5) A person who is registered under this section is deemed to be registered as a regulated member of, and to have been issued a practice permit by, the College of Midwives of Alberta under this Act subject to the same conditions until the practice permit expires or is cancelled under this Act. Transitional 8 (1) On the coming into force of this Schedule, a review of a practice of a midwife by the Practice Review Committee that has not been concluded must be concluded in accordance with the Health Disciplines Act . (2) For the purposes of subsection (1), the powers and duties of the Practice Review Committee are vested in and may be exercised by the competence committee of the College of Midwives of Alberta, and any reference to the Practice Review Committee in the Health Disciplines Act or in the Midwifery Regulation (AR 328/94) is deemed to be a reference to the competence committee under this Act. Transitional 9 (1) Any complaint made on or after the coming into force of this Schedule that relates to conduct occurring all or partly before the coming into force of this Schedule must be dealt with under this Act. (2) On the coming into force of this Schedule, any proceedings with respect to a complaint made under the Health Disciplines Act or with respect to a preliminary investigation commenced under section 28(2) of the Health Disciplines Act , before the coming into force of this Schedule, with respect to the designated health discipline of Midwives under the Health Disciplines Act that have not been concluded must be concluded in accordance with that Act. (3) Subject to section 5 of this Schedule and subsection (5), for the purposes of subsection (2), the powers and duties (a) of the registrar of the designated health discipline of Midwives under the Health Disciplines Act , except under section 32(1), are vested in and may be exercised by the complaints director of the College of Midwives of Alberta, and any reference to the registrar in the Health Disciplines Act , except in section 32(1), is deemed to be a reference to the complaints director under this Act; (b) of the registrar under section 32(1) of the Health Disciplines Act are vested in and may be exercised by the president of the College of Midwives of Alberta, and any reference to the registrar in section 32(1) of the Health Disciplines Act is deemed to be a reference to the president under this Act; (c) of the chair of a committee under Part 4 of the Health Disciplines Act are vested in and may be exercised by the complaints director of the College of Midwives of Alberta under this Act, and any reference to the chair in Part 4 of the Health Disciplines Act is deemed to be a reference to the complaints director under this Act; (d) of the Director of Health Disciplines under the Health Disciplines Act , except under sections 17(8) and 29(2), are vested in and may be exercised by the hearings director of the College of Midwives of Alberta, and any reference to the Director in the Health Disciplines Act , except in sections 17(8) and 29(2), is deemed to be a reference to the hearings director under this Act; (e) of the conduct and competency committee under section 31 of the Health Disciplines Act are vested in and may be exercised by the complaint review committee of the College of Midwives of Alberta, and any reference to a committee in section 31 of the Health Disciplines Act is deemed to be a reference to the complaint review committee under this Act; (f) of the conduct and competency committee under Part 4 of the Health Disciplines Act , except under section 31, are vested in and may be exercised by a hearing tribunal of the College of Midwives of Alberta, and any reference to the committee in Part 4 of the Health Disciplines Act , except in section 31, is deemed to be a reference to the hearing tribunal under this Act; (g) of the Health Disciplines Board under the Health Disciplines Act are vested in and may be exercised by the council of the College of Midwives of Alberta, and any reference to the Board in the Health Disciplines Act is deemed to be a reference to the council under this Act; (h) of the governing body of the association under Part 5 of the Health Disciplines Act are vested in and may be exercised by the council of the College of Midwives of Alberta, and any reference to the governing body of the association in Part 5 of the Health Disciplines Act is deemed to be a reference to the council under this Act; (i) of the Director of Health Disciplines under section 29(2) of the Health Disciplines Act are vested in and may be exercised by the complaints director of the College of Midwives of Alberta, and any reference to the Director in section 29(2) of the Health Disciplines Act is deemed to be a reference to the complaints director under this Act. (4) For the purposes of subsection (2), a reference to registration in the Health Disciplines Act is deemed to be a reference to registration and a practice permit under this Act. (5) If on the coming into force of this Schedule the Health Disciplines Board has commenced but not concluded hearing an appeal, the members of the Board continue as the Board for the purposes of hearing the appeal until it is concluded, as if this Schedule and Part 4 had not come into force and the former Act had not been repealed with respect to the designated health discipline of Midwives. (6) Any decision and order made by a committee as defined in Part 4 of the Health Disciplines Act , the Health Disciplines Board, a hearing tribunal or the council pursuant to this section is deemed to be a decision and order of a hearing tribunal or the council under this Act. (NOTE: Schedule 13 proclaimed in force April 1, 2019.) Schedule 14 Profession of Naturopaths Continuation of corporation 1 On the coming into force of this Schedule, the society incorporated under the Societies Act known as the Alberta Association of Naturopathic Practitioners is continued as a corporation under the name College of Naturopathic Doctors of Alberta. Use of titles, etc. 2 A regulated member of the College of Naturopathic Doctors of Alberta may, as authorized by the regulations, use any of the following titles, abbreviations and initials: (a) naturopathic doctor; (a.1) doctor of naturopathic medicine; (b) naturopathic practitioner; (c) naturopath; (c.1) provisional naturopath; (d) N.D.; (e) R.N.D. RSA 2000 cH‑7 Sched. 14 s2;2002 c30 s12;2016 c9 s15 Practice 3 In their practice, naturopathic practitioners do one or more of the following: (a) promote health, prevent illness and treat disease by using natural therapies and substances that promote the body’s ability to heal, (b) focus on the overall health of the individual on the basis of naturopathic assessment and common diagnostic procedures, (b.1) teach, manage and conduct research in the science, techniques and practice of naturopathic medicine, and (c) provide restricted activities authorized by the regulations. RSA 2000 cH‑7 Sched. 14 s3;2008 c34 s26 Fines 4 Column 2 of the unprofessional conduct fines table applies to proceedings of the College of Naturopathic Doctors of Alberta under Part 4. Transitional 5 On the coming into force of this Schedule, a person who is a registered member of the Alberta Association of Naturopathic Practitioners is deemed to be registered as a regulated member of, and is deemed to be issued a practice permit by the registrar of, the College of Naturopathic Doctors of Alberta under this Act subject to the same conditions until the practice permit expires or is cancelled under this Act. (NOTE: Schedule 14 proclaimed in force August 1, 2012.) Schedule 15 Profession of Occupational Therapists Continuation of corporation 1 On the coming into force of this Schedule, the corporation known as The Alberta Association of Registered Occupational Therapists is continued as a corporation under the name the Alberta College of Occupational Therapists. RSA 2000 cH‑7 Sched. 15 s1;2005 c13 s4(11) Use of titles, etc. 2 A regulated member of the Alberta College of Occupational Therapists may, as authorized by the regulations, use any of the following titles, abbreviations and initials: (a) registered occupational therapist; (b) occupational therapist; (b.1) provisional occupational therapist; (c) O.T. RSA 2000 cH‑7 Sched. 15 s2;2003 c39 s10;2005 c13 s4(11) Practice 3 In their practice, occupational therapists do one or more of the following: (a) in collaboration with their clients, develop and implement programs to meet everyday needs in self care, leisure and productivity, (b) assess, analyze, modify and adapt the activities in which their clients engage to optimize health and functional independence, (c) interact with individuals and groups as clinicians, consultants, researchers, educators and administrators, and (d) provide restricted activities authorized by the regulations. Fines 4 Column 2 of the unprofessional conduct fines table applies to proceedings of the Alberta College of Occupational Therapists under Part 4. RSA 2000 cH‑7 Sched. 15 s4;2005 c13 s4(11) Transitional 5 On the coming into force of this Schedule, (a) the members of the Council of The Alberta Association of Registered Occupational Therapists under the Occupational Therapy Profession Act continue as members of the council of the Alberta College of Occupational Therapists under this Act for the same terms of office unless their terms are terminated earlier under this Act; (b) the Registrar of The Alberta Association of Registered Occupational Therapists under the Occupational Therapy Profession Act continues as the registrar of the Alberta College of Occupational Therapists under this Act for the same term of office unless the term is terminated earlier under this Act; (c) the president of The Alberta Association of Registered Occupational Therapists under the Occupational Therapy Profession Act continues as the president of the Alberta College of Occupational Therapists under this Act for the same term of office unless the term is terminated earlier under this Act; (d) the members of the registration committee established under the bylaws under the Occupational Therapy Profession Act continue as members of the registration committee of the Alberta College of Occupational Therapists under this Act for the same terms of office unless their terms are terminated earlier under this Act;
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Health Professions Act — segment 10
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Health Professions Act — segment 10
This schedule carries over some existing applications, registrations, committees, and authority functions into the new professional regimes.
(e) the members of the Practice Review Board under the Occupational Therapy Profession Act continue as members of the competence committee of the Alberta College of Occupational Therapists under this Act for the same term of office unless their terms are terminated earlier under this Act; (f) if a Committee of Inquiry under the General Regulation (AR 126/90) is considering an application for reinstatement and the consideration has not been concluded, the members of the Committee of Inquiry continue as members of the Committee of Inquiry for the purposes of the consideration and are deemed to be members of the reinstatement inquiry committee established by regulations of the council of the Alberta College of Occupational Therapists under this Act for the same term of office unless their terms are terminated earlier under this Act; (g) if a referral has been made under section 32(b) of the Occupational Therapy Profession Act or a determination has been made under section 34 of the Occupational Therapy Profession Act that a hearing should be held and the hearing is commenced but not concluded, the members of the Discipline Committee under the Occupational Therapy Profession Act continue as members of the Discipline Committee for the purposes of the hearing until it is concluded, as if this Schedule and Part 4 had not come into force and the former Act had not been repealed. RSA 2000 cH‑7 Sched. 15 s5;2005 c13 s4(11) Transitional 6 On the coming into force of this Schedule, a person (a) who is registered as an occupational therapist and holds an annual certificate under the Occupational Therapy Profession Act is deemed to be registered as a regulated member of, and to have been issued a practice permit by the registrar of, the Alberta College of Occupational Therapists under this Act subject to the same conditions as under the former Act until the practice permit expires or is cancelled under this Act; (b) who is registered as a restricted practitioner or temporary registrant under the Occupational Therapy Profession Act is deemed to be registered as a regulated member of, and to have been issued a practice permit by the registrar of, the Alberta College of Occupational Therapists under this Act subject to the same conditions as under the former Act until the practice permit expires or is cancelled under this Act. (c) repealed 2001 c21 s39. RSA 2000 cH‑7 Sched. 15 s6;2001 c21 s39; 2005 c13 s4(11) 6.1 On the coming into force of this Schedule, (a) a person who is registered as a student member under the Occupational Therapy Profession Act is not deemed to be registered as a regulated member of the Alberta College of Occupational Therapists under this Act, and (b) an application for registration as a student member under the Occupational Therapy Act that is not concluded does not continue as an application to become a regulated member under this Act. 2001 c21 s39; 2005 c13 s4(11) Transitional 7 (1) On the coming into force of this Schedule, an application for registration as an occupational therapist, restricted practitioner or temporary registrant or for an annual certificate or restricted permit under the Occupational Therapy Profession Act that has not been concluded must be concluded in accordance with that Act. (2) For the purposes of subsection (1), the powers and duties (a) of the Registrar of The Alberta Association of Registered Occupational Therapists under the Occupational Therapy Profession Act are vested in and may be exercised by the registrar of the Alberta College of Occupational Therapists, and any reference to the Registrar in the Occupational Therapy Profession Act is deemed to be a reference to the registrar under this Act; (b) of the Council of The Alberta Association of Registered Occupational Therapists under the Occupational Therapy Profession Act are vested in and may be exercised by the council of the Alberta College of Occupational Therapists, and any reference to the Council in the Occupational Therapy Profession Act is deemed to be a reference to the council under this Act; (c) of the Universities Co‑ordinating Council under the Occupational Therapy Profession Act are vested in and may be exercised by the registration committee of the Alberta College of Occupational Therapists, and any reference to the Universities Co‑ordinating Council in the Occupational Therapy Profession Act is deemed to be a reference to the registration committee under this Act. (3) On the coming into force of this Schedule, a program that is designated as an approved occupational therapy education program under section 11 of the Occupational Therapy Profession Act or is required field work under section 12(b) of the Occupational Therapy Profession Act or an approved examination under section 12(c) of the Occupational Therapy Profession Act continues to be an approved occupational therapy education program, required field work or an approved examination for the purposes of subsection (1). (4) A person who is registered under this section is deemed to be registered as a regulated member of, and to have been issued a practice permit by the registrar of, the Alberta College of Occupational Therapists under this Act subject to the same conditions until the practice permit expires or is cancelled under this Act. RSA 2000 cH‑7 Sched. 15 s7;2001 c21 s39;2005 c13 s4(11) Transitional 8 (1) On the coming into force of this Schedule, an application for reinstatement under the Occupational Therapy Profession Act that has not been concluded must be concluded in accordance with that Act. (2) Subject to section 5(f), for the purposes of subsection (1), the powers and duties (a) of the Council under the Occupational Therapy Profession Act are vested in and may be exercised by the council of the Alberta College of Occupational Therapists, and any reference to the Council in the Occupational Therapy Profession Act is deemed to be a reference to the council under this Act; (b) of a Committee of Inquiry under the General Regulation (AR 126/90) are vested in and may be exercised by the reinstatement inquiry committee of the Alberta College of Occupational Therapists, and any reference to the Committee of Inquiry in the regulations under the Occupational Therapy Profession Act is deemed to be a reference to the reinstatement inquiry committee established by regulations made by the council under this Act. (3) A person who is reinstated under this section is deemed to be registered as a regulated member of, and to have been issued a practice permit by the registrar of, the Alberta College of Occupational Therapists under this Act subject to the same conditions until the practice permit expires or is cancelled under this Act. RSA 2000 cH‑7 Sched. 15 s8;2005 c13 s4(11) Transitional 9 (1) On the coming into force of this Schedule, a review of a practice under the Occupational Therapy Profession Act that has not been concluded must be concluded in accordance with that Act. (2) For the purposes of subsection (1), the powers and duties (a) of the Practice Review Board under the Occupational Therapy Profession Act are vested in and may be exercised by the competence committee of the Alberta College of Occupational Therapists, and any reference to the Practice Review Board in the Occupational Therapy Profession Act is deemed to be a reference to the competence committee under this Act; (b) of the Council under the Occupational Therapy Profession Act are vested in and may be exercised by the council of the Alberta College of Occupational Therapists, and any reference to the Council in the Occupational Therapy Profession Act is deemed to be a reference to the council under this Act; (c) of the Registrar under the Occupational Therapy Profession Act are vested in and may be exercised by the complaints director of the Alberta College of Occupational Therapists, and any reference to the Registrar in the Occupational Therapy Profession Act is deemed to be a reference to the complaints director under this Act; (d) of the president of The Alberta Association of Registered Occupational Therapists are vested in and may be exercised by the president of the Alberta College of Occupational Therapists, and any reference to the president in the Occupational Therapy Profession Act is deemed to be a reference to the president under this Act; (e) of the chair of the Practice Review Board are vested in and may be exercised by the registrar of or an individual appointed by the council of the Alberta College of Occupational Therapists, and any reference to the chair of the Practice Review Board in the Occupational Therapy Profession Act is deemed to be a reference to the registrar or the individual appointed by the council under this Act. RSA 2000 cH‑7 Sched. 15 s9;2005 c13 s4(11) Transitional 10 (1) Any complaint made on or after the coming into force of this Schedule that relates to conduct occurring all or partly before the coming into force of this Schedule must be dealt with under this Act. (2) On the coming into force of this Schedule, any proceedings with respect to a complaint made under the Occupational Therapy Profession Act or with respect to a preliminary investigation commenced under section 30(b) of the Occupational Therapy Profession Act , before the coming into force of this Schedule, that have not been concluded must be concluded in accordance with that Act. (3) Subject to section 5(g) of this Schedule and subsection (5), for the purposes of subsection (2), the powers and duties (a) of the chair of the Discipline Committee under section 35 of the Occupational Therapy Profession Act are vested in and may be exercised by the chair of a hearing tribunal of the Alberta College of Occupational Therapists, and any reference to the chair of the Discipline Committee in section 35 of the Occupational Therapy Profession Act is deemed to be a reference to the chair of the hearing tribunal under this Act; (b) of the Discipline Committee under the Occupational Therapy Profession Act , except under section 34, are vested in and may be exercised by a hearing tribunal of the Alberta College of Occupational Therapists, and any reference to the Discipline Committee in the Occupational Therapy Profession Act , except in section 34, is deemed to be a reference to a hearing tribunal under this Act; (c) of the Discipline Committee under section 34 of the Occupational Therapy Profession Act are vested in and may be exercised by the complaint review committee of the Alberta College of Occupational Therapists, and any reference to the Discipline Committee in section 34 of the Occupational Therapy Profession Act is deemed to be a reference to the complaint review committee under this Act; (d) of a person conducting a preliminary investigation under the Occupational Therapy Profession Act are vested in and may be exercised by the complaints director of the Alberta College of Occupational Therapists or an investigator appointed by the college under this Act, and any reference to a person conducting a preliminary investigation in the Occupational Therapy Profession Act is deemed to be a reference to the complaints director or an investigator under this Act; (e) of the Registrar under the Occupational Therapy Profession Act , except under sections 41, 48 and 53, are vested in and may be exercised by the complaints director of the Alberta College of Occupational Therapists, and any reference to the Registrar in the Occupational Therapy Profession Act , except in sections 41, 48 and 53, is deemed to be a reference to the complaints director under this Act; (f) of the Registrar under sections 41 and 48 of the Occupational Therapy Profession Act are vested in and may be exercised by the hearings director of the Alberta College of Occupational Therapists, and any reference to the Registrar in section 41 or 48 of the Occupational Therapy Profession Act is deemed to be a reference to the hearings director under this Act; (g) of the Registrar under section 53 of the Occupational Therapy Profession Act are vested in and may be exercised by the hearings director of the Alberta College of Occupational Therapists, and any reference to the Registrar in section 53 of the Occupational Therapy Profession Act is deemed to be a reference to the hearings director under this Act; (h) of a member of the Discipline Committee under sections 31 to 33 of the Occupational Therapy Profession Act are vested in and may be exercised by the complaints director of the Alberta College of Occupational Therapists, and any reference to a member of the Discipline Committee in sections 31 to 33 of the Occupational Therapy Profession Act is deemed to be a reference to the complaints director under this Act; (i) of the president under the Occupational Therapy Profession Act are vested in and may be exercised by the president of the Alberta College of Occupational Therapists, and any reference to the president in the Occupational Therapy Profession Act is deemed to be a reference to the president under this Act; (j) of the Council under the Occupational Therapy Profession Act are vested in and may be exercised by the council of the Alberta College of Occupational Therapists, and any reference to the Council in the Occupational Therapy Profession Act is deemed to be a reference to the council under this Act; (k) of the Association under sections 36 and 54(1) of the Occupational Therapy Profession Act are vested in and may be exercised by the complaints director of the Alberta College of Occupational Therapists, and any reference to the Association in section 36 or 54(1) of the Occupational Therapy Profession Act is deemed to be a reference to the complaints director under this Act; (l) of the Association under section 55 of the Occupational Therapy Profession Act are vested in and may be exercised by the Alberta College of Occupational Therapists, and any reference to the Association in section 55 of the Occupational Therapy Profession Act is deemed to be a reference to the college under this Act. (4) For the purposes of subsection (2), a reference to a certificate of registration, annual certificate or restricted permit in Part 6 of the Occupational Therapy Profession Act is deemed to be a reference to registration and a practice permit under this Act. (5) If on the coming into force of this Schedule the Council under the Occupational Therapy Profession Act has commenced but not concluded hearing an appeal, the members of the Council continue as the Council for the purposes of hearing the appeal until it is concluded, as if this Schedule and Part 4 had not come into force and the Occupational Therapy Profession Act had not been repealed. (6) Any decision and order made by the Discipline Committee, the Council, a hearing tribunal or the council pursuant to this section is deemed to be a decision and order of a hearing tribunal or council under this Act. RSA 2000 cH‑7 Sched. 15 s10;2005 c13 s4(11) (NOTE: Schedule 15 proclaimed in force October 5, 2006.) Schedule 16 Profession of Opticians Continuation of corporation 1 The corporation known as Alberta College and Association of Opticians is continued as a corporation under the name College of Opticians of Alberta. RSA 2000 cH‑7 Sched. 16 s1;2016 c9 s16;2023 c9 s12 Use of titles, etc. 2 A regulated member of the College of Opticians of Alberta may, as authorized by the regulations, use any of the following titles, abbreviations and initials: (a) optician; (b) ophthalmic dispenser; (c) optical dispenser; (d) contact lens fitter; (e) contact lens practitioner; (f) contact lens dispenser; (f.1) provisional optician; (g) R.O.; (h) R.C.L.P. RSA 2000 cH‑7 Sched. 16 s2;2006 c19 s2(18); 2016 c9 s16;2023 c9 s12 Practice 3 In their practice, opticians do one or more of the following: (a) based on an optical prescription, design, supply, prepare, adjust and dispense optical appliances and prostheses, including corrective lenses, (b) promote eye health and the correct use of optical appliances and prostheses through education of consumers and regulated members, (b.1) perform refractions and identify the need for corrective lenses, (c) conduct or collaborate in optical related research, (c.1) when providing professional services referred to in this section, conduct assessments and make referrals where appropriate, and (d) provide restricted activities authorized by the regulations. RSA 2000 cH‑7 Sched. 16 s3;2006 c19 s2(18) Fines 4 Column 2 of the unprofessional conduct fines table applies to proceedings of the College of Opticians of Alberta under Part 4. RSA 2000 cH‑7 Sched. 16 s4;2016 c9 s16;2023 c9 s12 Transitional 5 On the coming into force of this section, (a) the members of the council of the Alberta College and Association of Opticians continue as members of the council of the College of Opticians of Alberta for the same terms of office unless their terms are terminated earlier under this Act; (b) the registrar of the Alberta College and Association of Opticians continues as the registrar of the College of Opticians of Alberta for the same term of office unless the term is terminated earlier under this Act; (c) the president of the Alberta College and Association of Opticians continues as the president of the College of Opticians of Alberta for the same term of office unless the term is terminated earlier under this Act; (d) the members of the competence committee of the Alberta College and Association of Opticians continue as members of the competence committee of the College of Opticians of Alberta for the same terms of office unless their terms are terminated earlier under this Act. RSA 2000 cH‑7 Sched. 16 s5;2016 c9 s16;2023 c9 s12 Transitional 6 On the coming into force of this section, a person who is registered as a regulated member of, and has been issued a practice permit by the registrar of, the Alberta College and Association of Opticians is deemed to be registered as a regulated member of, and to have been issued a practice permit by the registrar of, the College of Opticians of Alberta subject to the same conditions as under the original registration until the practice permit expires or is cancelled under this Act. RSA 2000 cH‑7 Sched. 16 s6;2001 c21 s40;2016 c9 s16; 2023 c9 s12 6.1 , 7 , 8 and 9 Repealed 2016 c9 s16. (NOTE: Schedule 16 proclaimed in force March 23, 2011.) Schedule 17 Profession of Optometrists Status of corporations 1 (1) On the coming into force of this Schedule, the corporation known as the Alberta College of Optometrists continues as a corporation under the same name. (2) On the coming into force of this Schedule, the corporation known as the Alberta Association of Optometrists established under section 9 of the Optometry Profession Act is dissolved, and all its assets and liabilities are vested in a society incorporated under the Societies Act that is designated by an order of the Lieutenant Governor in Council, and all rights of action and actions by and against the Alberta Association of Optometrists may be continued or maintained by or against that society. RSA 2000 cH‑7 Sched. 17 s1;2005 c13 s4(12) Use of titles, etc. 2 A regulated member of the Alberta College of Optometrists may, as authorized by the regulations, use any of the following titles, abbreviations and initials: (a) optometric contact lens practitioner; (b) optometrist; (c) O.D. RSA 2000 cH‑7 Sched. 17 s2;2005 c13 s4(12) Practice 3 In their practice, optometrists do one or more of the following: (a) examine, assess, measure and diagnose disorders and diseases of the human visual system, the eye and its associated structures, (b) provide and prescribe treatment, management and correction, (c) conduct research and promote education in the visual sciences, and (d) provide restricted activities authorized by the regulations. Fines 4 Column 3 of the unprofessional conduct fines table applies to proceedings of the Alberta College of Optometrists under Part 4. RSA 2000 cH‑7 Sched. 17 s4;2005 c13 s4(12) Written prescription and specifications 5 (1) In this section, “optical prescription” means a written record of the refractive error of the eye, including, if appropriate, reading add, prisms and back vertex distance. (2) A regulated member who prescribes an ophthalmic appliance or other visual aid must offer the patient a written copy of the optical prescription. (3) After completing all the services required to dispense contact lenses, the regulated member must offer the patient a written copy of the specifications of the contact lenses. Transitional 6 On the coming into force of this Schedule, (a) the members of the Council of the Alberta College of Optometrists under the Optometry Profession Act continue as members of the council of the Alberta College of Optometrists under this Act for the same term of office unless their terms are terminated earlier under this Act; (b) the Registrar of the Alberta College of Optometrists under the Optometry Profession Act continues as the registrar of the Alberta College of Optometrists under this Act for the same term of office unless the term of office is terminated earlier under this Act; (c) the members of the Practice Review Board under the Optometry Profession Act continue as members of the competence committee of the Alberta College of Optometrists under this Act for the same term of office unless their terms are terminated earlier under this Act; (d) the members of the Registration Committee under the Optometry Profession Act continue as members of the registration committee of the Alberta College of Optometrists under this Act for the same term of office unless their terms are terminated earlier under this Act; (e) if the Discipline Committee under the Optometry Profession Act has a matter referred to it under section 38(1) or 39(2) of the Optometry Profession Act and the hearing has commenced but not concluded, the members of the Discipline Committee continue as members of the Discipline Committee for the purposes of the hearing until it is concluded as if this Schedule and Part 4 had not come into force and the former Act had not been repealed. RSA 2000 cH‑7 Sched. 17 s6;2005 c13 s4(12) Transitional 7 (1) On the coming into force of this Schedule, (a) a person who holds a certificate of registration under the Optometry Profession Act , (b) a person who is registered as a visiting project optometrist under the Optometry Profession Act , and (c) a person who is registered as a student under the Optometry Profession Act , is deemed to be registered as a regulated member of, and to have been issued a practice permit by the registrar of, the Alberta College of Optometrists under this Act subject to the same conditions as under the former Act until the practice permit expires or is cancelled under this Act. (2) On the coming into force of this Schedule, a person who holds a licence under the Optometry Profession Act is deemed to have been issued a practice permit by the registrar of the Alberta College of Optometrists under this Act subject to the same conditions as under the former Act until the practice permit expires or is cancelled under this Act. (3) On the coming into force of this Schedule, a professional corporation or company registered under the Optometry Profession Act is deemed to be registered on the record of professional corporations of the Alberta College of Optometrists and to have been issued an annual permit under this Act until the annual permit expires or is cancelled under this Act. (4) Despite section 108 of this Act, a corporation that has been continually engaged in the practice of optometry since before the coming into force of the Optometry Profession Act , SA 1983 cO‑10, and this Schedule may apply for and receive an annual permit under section 108 if (a) the corporation complies with this Act except for section 110(2)(b), and (b) there has been no change in the issued share capital of the corporation or in the ownership of the share capital after March 1, 1998, other than the purchase of previously issued shares by a registered optometrist under the Optometry Profession Act or by a regulated member of the Alberta College of Optometrists under this Act from a shareholder who is not a registered optometrist under the Optometry Profession Act nor a regulated member of the Alberta College of Optometrists under this Act. RSA 2000 cH‑7 Sched. 17 s7;2005 c13 s4(12) Transitional 8 (1) On the coming into force of this Schedule, an application for registration as a registered optometrist or visiting project optometrist, for a permit as a professional corporation or for a licence that has not been concluded must be concluded in accordance with that Act. (2) For the purposes of subsection (1), the powers and duties (a) of the Registrar under the Optometry Profession Act are vested in and may be exercised by the registrar of the Alberta College of Optometrists under this Act, and any reference to the Registrar in the Optometry Profession Act is deemed to be a reference to the registrar under this Act; (b) of the Registration Committee under the Optometry Profession Act are vested in and may be exercised by the registration committee of the Alberta College of Optometrists under this Act, and any reference to the Registration Committee in the Optometry Profession Act is deemed to be a reference to the registration committee under this Act; (c) of the Universities Co‑ordinating Council under the Optometry Profession Act are vested in and may be exercised by the registration committee of the Alberta College of Optometrists under this Act, and any reference to the Universities Co‑ordinating Council in the Optometry Profession Act is deemed to be a reference to the registration committee under this Act; (d) of the Council under the Optometry Profession Act are vested in and may be exercised by the council of the Alberta College of Optometrists under this Act, and any reference to the Council in the Optometry Profession Act is deemed to be a reference to the council under this Act; (3) For the purposes of subsection (1), on the coming into force of this Schedule, an approved faculty and a program of optometry that in the opinion of the Universities Co‑ordinating Council is substantially equivalent to the program offered by an approved faculty under the Optometry Profession General Regulation (AR 388/85) continues as an approved faculty and program under this Act. (4) An individual who is registered under this section is deemed to be registered as a regulated member of, and to have been issued a practice permit by the registrar of, the Alberta College of Optometrists under this Act subject to the same conditions until the practice permit expires or is cancelled under this Act. (5) A corporation to which a permit is issued as a professional corporation under this section is deemed to be registered as a professional corporation and to have been issued an annual permit by the registrar of the Alberta College of Optometrists under this Act until the annual permit expires or is cancelled under this Act. RSA 2000 cH‑7 Sched. 17 s8;2005 c13 s4(12) Transitional 9 (1) On the coming into force of this Schedule, an inquiry by the Practice Review Board under the Optometry Profession Act that has not been concluded must be concluded in accordance with that Act. (2) For the purposes of subsection (1), the powers and duties (a) of the Practice Review Board under the Optometry Profession Act are vested in and may be exercised by the competence committee of the Alberta College of Optometrists under this Act, and any reference to the Practice Review Board in the Optometry Profession Act is deemed to be a reference to the competence committee under this Act; (b) of the Council under the Optometry Profession Act are vested in and may be exercised by the council of the Alberta College of Optometrists under this Act, and any reference to the Council in the Optometry Profession Act is deemed to be a reference to the council under this Act; (c) of the Discipline Committee under the Optometry Profession Act , except under section 31, are vested in and may be exercised by a hearing tribunal of the Alberta College of Optometrists under this Act, and any reference to the Discipline Committee in the Optometry Profession Act , except in section 31, is deemed to be a reference to a hearing tribunal under this Act; (d) of the Discipline Committee under section 31 of the Optometry Profession Act are vested in and may be exercised by the registrar of the Alberta College of Optometrists under this Act, and any reference to the Discipline Committee in section 31 of the Optometry Profession Act is deemed to be a reference to the registrar under this Act. RSA 2000 cH‑7 Sched. 17 s9;2005 c13 s4(12) Transitional 10 (1) On the coming into force of this Schedule, an application for reinstatement under the Optometry Profession Act that has not been concluded must be concluded in accordance with that Act. (2) For the purposes of subsection (1), the powers and duties (a) of the Council under the Optometry Profession Act are vested in and may be exercised by the council of the Alberta College of Optometrists under this Act, and any reference to the Council in the Optometry Profession Act is deemed to be a reference to the council under this Act; (b) of a Committee of Inquiry under the Optometry Profession Act are vested in and may be exercised by the registration committee of the Alberta College of Optometrists, and any reference to the Committee of Inquiry in the Optometry Profession Act is deemed to be a reference to the registration committee under this Act; (c) of the Registrar under the Optometry Profession Act are vested in and may be exercised by the registrar of the Alberta College of Optometrists under this Act, and any reference to the Registrar in the Optometry Profession Act is deemed to be a reference to the registrar under this Act. RSA 2000 cH‑7 Sched. 17 s10;2005 c13 s4(12) Transitional 11 (1) Any complaint made on or after the coming into force of this Schedule that relates to conduct occurring all or partly before the coming into force of this Schedule must be dealt with under this Act. (2) On the coming into force of this Schedule, any proceedings with respect to a complaint made before the coming into force of this Schedule under the Optometry Profession Act or a preliminary investigation commenced under section 36(b) of the Optometry Profession Act that have not been concluded must be concluded in accordance with that Act. (3) Subject to section 6(e) of this Schedule and subsection (5), for the purposes of subsection (2), the powers and duties (a) of the Council under section 39 of the Optometry Profession Act are vested in and may be exercised by the complaint review committee of the Alberta College of Optometrists under this Act, and any reference to the Council in section 39 of the Optometry Profession Act is deemed to be a reference to the complaint review committee under this Act; (b) of the Council under section 40 of the Optometry Profession Act are vested in and may be exercised by the president of the Alberta College of Optometrists under this Act, and any reference to the Council in section 40 of the Optometry Profession Act is deemed to be a reference to the president under this Act; (c) of the Council under the Optometry Profession Act , except under sections 39 and 40, are vested in and may be exercised by the council of the Alberta College of Optometrists under this Act, and any reference to the Council in the Optometry Profession Act , except in sections 39 and 40, is deemed to be a reference to the council under this Act; (d) of the Discipline Committee under the Optometry Profession Act are vested in and may be exercised by a hearing tribunal of the Alberta College of Optometrists under this Act, and any reference to the Discipline Committee in the Optometry Profession Act is deemed to be a reference to a hearing tribunal under this Act; (e) of the Registrar under the Optometry Profession Act , except under sections 41 and 46, are vested in and may be exercised by the complaints director of the Alberta College of Optometrists under this Act, and any reference to the Registrar in the Optometry Profession Act , except in sections 41 and 46, is deemed to be a reference to the complaints director under this Act; (f) of the Registrar under sections 41 and 46 of the Optometry Profession Act are vested in and may be exercised by the hearings director of the Alberta College of Optometrists under this Act, and any reference to the Registrar in section 41 or 46 of the Optometry Profession Act is deemed to be a reference to the hearings director under this Act; (g) of the Alberta College of Optometrists under the Optometry Profession Act , except under section 45(3), are vested in and may be exercised by the Alberta College of Optometrists under this Act, and any reference to the College in the Optometry Profession Act , except in section 45(3), is deemed to be a reference to the college under this Act; (h) of the Alberta College of Optometrists under section 45(3) of the Optometry Profession Act are vested in and may be exercised by the hearings director of the Alberta College of Optometrists under this Act, and any reference to the College in section 45(3) of the Optometry Profession Act is deemed to be a reference to the hearings director under this Act; (i) of a person carrying out a preliminary investigation under the Optometry Profession Act are vested in and may be exercised by the complaints director or an investigator appointed under this Act, and any reference to a person carrying out a preliminary investigation in the Optometry Profession Act is deemed to be a reference to the complaints director or the investigator under this Act. (4) For the purposes of subsection (2), (a) a reference to registration in Part 6 of the Optometry Profession Act is deemed to be a reference to registration and a practice permit under this Act; (b) a reference to entitlement to practise in Part 6 of the Optometry Profession Act is deemed to be a reference to a practice permit under this Act. (5) If on the coming into force of this Schedule the Council under the Optometry Profession Act has commenced but not concluded hearing an appeal, the members of the Council continue as the Council for the purposes of hearing the appeal until it is concluded, as if this Schedule and Part 4 had not come into force and the former Act had not been repealed. (6) Any decision and order made by the Discipline Committee, the Council, a hearing tribunal or the council pursuant to this section is deemed to be a decision and order of a hearing tribunal or the council under this Act. RSA 2000 cH‑7 Sched. 17 s11;2005 c13 s4(12) (NOTE: Schedule 17 proclaimed in force April 1, 2003.) Schedule 18 Profession of Paramedics College and records 1 (1) On the coming into force of this Schedule, the corporation known as the Alberta College of Paramedics is continued as a corporation under the same name. (2) On the coming into force of this Schedule, the Alberta College of Paramedics has the ownership, custody and control of records of the Health Disciplines Board respecting the following: (a) current and former complaints and allegations of professional misconduct or incompetence made against registered members of the designated health discipline of Emergency Medical Technicians under the Health Disciplines Act and proceedings taken under the Health Disciplines Act in respect of those complaints and allegations, (b) current and former applications for registration as registered members in the designated health discipline of Emergency Medical Technicians under the Health Disciplines Act and the educational qualifications of applicants for registration in the designated health discipline of Emergency Medical Technicians, (c) registered members and former registered members in the designated health discipline of Emergency Medical Technicians under the Health Disciplines Act and any registers or other material relating to registration and conditions, restrictions or limitations on registration, (d) decisions and orders made with respect to registered members or former registered members in the designated health discipline of Emergency Medical Technicians under the Health Disciplines Act , and (e) records and information referred to in section 61 of the Health Disciplines Act relating to the designated health discipline of Emergency Medical Technicians under the Health Disciplines Act . (3) Despite section 35(b) of the Freedom of Information and Protection of Privacy Act , on the coming into force of this Schedule the Alberta College of Paramedics has the ownership, custody and control of records described in subsection (2), and the records must be given to the Alberta College of Paramedics. (4) The Minister may request and collect information and records described in subsection (2) from the Alberta College of Paramedics for purposes directly related to or necessary for any proceeding, including an appeal described in section 8(5) of this Schedule, and preparation for a proceeding, with respect to an action or claim, or with respect to the negotiation or settlement of an action or claim before it is before a Court or while it is before a Court, and the Minister may disclose the information or records collected, as the Minister considers appropriate, in carrying out those purposes. Use of titles, etc. 2 A regulated member of the Alberta College of Paramedics may, as authorized by the regulations, use the following titles, abbreviations and initials: (a) emergency medical responder; (b) emergency medical technician; (c) emergency medical technologist‑paramedic; (c.01) paramedic; (c.02) primary care paramedic; (c.03) advanced care paramedic; (c.1) emergency medical technologist‑paramedic (critical care paramedic); (c.2) critical care paramedic; (c.3) provisional emergency medical responder; (c.4) provisional emergency medical technician; (c.5) provisional emergency medical technologist‑paramedic; (c.6) provisional primary care paramedic; (c.7) provisional advanced care paramedic; (c.8) provisional critical care paramedic; (d), (e) repealed 2001 c21 s41; (f) EMR; (g) EMT; (h) EMT‑P; (i) EMT‑P (CCP). (j) PCP; (k) ACP; (l) CCP; (m) provisional EMR; (n) provisional EMT; (o) provisional EMT-P; (p) provisional PCP; (q) provisional ACP; (r) provisional CCP. RSA 2000 cH‑7 Sched. 18 s2;2001 c21 s41; 2005 c13 s4(13);2009 c46 Practice 3 In their practice, regulated members of the Alberta College of Paramedics may apply the knowledge, skills and judgment appropriate to their practice setting to do the following: (a) assess, diagnose, provide treatment and interventions, make referrals and transport; (b) promote health and injury prevention; (c) co‑ordinate, supervise, monitor and evaluate the provision of paramedic health services; (d) educate, manage and conduct research in the science, techniques, theory and practice of the paramedic profession; (e) provide restricted activities authorized by the regulations. RSA 2000 cH‑7 Sched. 18 s3;2008 c34 s27; 2016 c9 s17 Fines 4 Column 2 of the unprofessional conduct fines table applies to proceedings of the Alberta College of Paramedics under Part 4. Transitional 5 On the coming into force of this Schedule, (a) the members of the Board of Governors of the Alberta College of Paramedics under the Health Disciplines Act continue as members of the council of the Alberta College of Paramedics under this Act for the same terms of office unless their terms are terminated earlier under this Act; (b) the registrar of the designated health discipline of Emergency Medical Technicians under the Health Disciplines Act continues as the registrar of the Alberta College of Paramedics under this Act for the same term of office unless the term is terminated earlier under this Act; (c) the chair of the Board of Governors of the Alberta College of Paramedics under the Health Disciplines Act continues as the president of the Alberta College of Paramedics under this Act for the same term of office unless the term is terminated earlier under this Act; (d) the members of a committee, as defined in section 20 of the Health Disciplines Act , of the Alberta College of Paramedics continue as members of the registration committee of the Alberta College of Paramedics under this Act for the same terms of office unless their terms are terminated earlier under this Act; (e) if a referral has been made under section 30 of the Health Disciplines Act or a determination has been made under section 31 of the Health Disciplines Act that a hearing should be held and a hearing has commenced but not concluded, the members of the committee, as defined in section 27 of the Health Disciplines Act , continue as members of that committee for the purposes of the hearing until it is concluded, as if this Schedule and Part 4 had not come into force and the former Act was not repealed with respect to the designated health discipline of Emergency Medical Technicians. Transitional 6 On the coming into force of this Schedule, a person who is registered or temporarily registered as a member of the designated health discipline of Emergency Medical Technicians under the Health Disciplines Act is deemed to be registered as a regulated member of, and to have been issued a practice permit by the registrar of, the Alberta College of Paramedics under this Act subject to the same conditions as under the former Act until the practice permit expires or is cancelled under this Act. Transitional 7 (1) On the coming into force of this Schedule, an application for registration, temporary registration or renewal of registration as a member of the designated health discipline of Emergency Medical Technicians under the Health Disciplines Act that has not been concluded must be concluded in accordance with that Act. (2) For the purposes of subsection (1), the powers and duties (a) of the registrar of the designated health discipline of Emergency Medical Technicians under the Health Disciplines Act are vested in and may be exercised by the registrar of the Alberta College of Paramedics, and any reference to the registrar in the Health Disciplines Act is deemed to be a reference to the registrar under this Act; (b) of the Registration Committee of the Alberta College of Paramedics under the Health Disciplines Act are vested in and may be exercised by the registration committee of the Alberta College of Paramedics, and any reference to a committee in the Health Disciplines Act is deemed to be a reference to the registration committee under this Act; (c) of the Health Disciplines Board to review a decision of the Registration Committee of the Alberta College of Paramedics under the Health Disciplines Act are vested in and may be exercised by the council of the Alberta College of Paramedics, and any reference to the Health Disciplines Board in the Health Disciplines Act is deemed to be a reference to the council under this Act; (d) of the Director of Health Disciplines under the Health Disciplines Act are vested in and may be exercised by the registrar of the Alberta College of Paramedics under this Act, and any reference to the Director of Health Disciplines in the Health Disciplines Act is deemed to be a reference to the registrar under this Act. (3) On the coming into force of this Schedule, a program of studies, an examination, a refresher program and educational credits approved by the Health Disciplines Board under the Emergency Medical Technicians Regulation (AR 48/93) continue as an approved program of studies, examination, refresher program and educational credits for the purposes of subsection (1). (4) For the purposes of subsection (1), a reference to a form in section 24(1) of the Health Disciplines Act is deemed to be a reference to a form provided for by the bylaws. (5) A person who is registered or whose registration is renewed under this section is deemed to be registered, subject to the same conditions, as a regulated member of, and to have been issued a practice permit by the registrar of, the Alberta College of Paramedics under this Act until the practice permit expires or is cancelled under this Act. Transitional 8 (1) Any complaint made on or after the coming into force of this Schedule that relates to conduct occurring all or partly before the coming into force of this Schedule must be dealt with under this Act. (2) On the coming into force of this Schedule, any proceedings with respect to a complaint made under the Health Professions Act or with respect to a preliminary investigation commenced under section 29(2) of the Health Disciplines Act , before the coming into force of this Schedule, with respect to the designated health discipline of Emergency Medical Technicians under the Health Disciplines Act that have not been concluded, must be concluded in accordance with that Act. (3) Subject to section 5(e) of this Schedule and subsection (5), for the purposes of subsection (2), the powers and duties (a) of the registrar of the designated health discipline of Emergency Medical Technicians under the Health Disciplines Act , except under section 32(1), are vested in and may be exercised by the complaints director of the Alberta College of Paramedics, and any reference to the registrar in the Health Disciplines Act , except in section 32(1), is deemed to be a reference to the complaints director under this Act; (b) of the chair of a committee under Part 4 of the Health Disciplines Act are vested in and may be exercised by the complaints director of the Alberta College of Paramedics, and any reference to the chair in Part 4 of the Health Disciplines Act is deemed to be a reference to the complaints director under this Act; (c) of the Director of Health Disciplines under the Health Disciplines Act , except sections 17(8) and 29(2), are vested in and may be exercised by the hearings director of the Alberta College of Paramedics, and any reference to the Director of Health Disciplines in the Health Disciplines Act , except in section 17(8) or 29(2), is deemed to be a reference to the hearings director under this Act; (d) of the committee under section 31 of the Health Disciplines Act are vested in and may be exercised by the complaint review committee of the Alberta College of Paramedics, and any reference to a committee in section 31 of the Health Disciplines Act is deemed to be a reference to the complaint review committee under this Act; (e) of the registrar under section 32(1) of the Health Disciplines Act are vested in and may be exercised by the president of the Alberta College of Paramedics, and any reference to the registrar in section 32(1) of the Health Disciplines Act is deemed to be a reference to the president under this Act; (f) of the governing body of the association under Part 5 of the Health Disciplines Act are vested in and may be exercised by the council of the Alberta College of Paramedics, and any reference to the governing body of the association in Part 5 of the Health Disciplines Act is deemed to be a reference to the council under this Act; (g) of the committee under Part 4 of the Health Disciplines Act , except under section 31, are vested in and may be exercised by a hearing tribunal of the Alberta College of Paramedics, and any reference to the committee in Part 4 of the Health Disciplines Act , except in section 31, is deemed to be a reference to a hearing tribunal under this Act; (h) of the Health Disciplines Board under the Health Disciplines Act are vested in and may be exercised by the council of the Alberta College of Paramedics, and any reference to the Health Disciplines Board in the Health Disciplines Act is deemed to be a reference to the council under this Act;
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Health Professions Act — segment 11
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Health Professions Act — segment 11
This segment sets rules for health-profession regulation, including accreditation of medical facilities, appeal steps, and limits on when regulated members may provide services.
(i) of the Director of Health Disciplines under section 29(2) of the Health Disciplines Act are vested in and may be exercised by the complaints director of the Alberta College of Paramedics, and any reference to the Director in section 29(2) of the Health Disciplines Act is deemed to be a reference to the complaints director under this Act. (4) For the purposes of subsection (2), a reference to registration in the Health Disciplines Act is deemed to be a reference to registration and a practice permit under this Act. (5) If on the coming into force of this Schedule the Health Disciplines Board has commenced but not concluded hearing an appeal, the members of the Board continue as the Board for the purposes of hearing the appeal until it is concluded, as if this Schedule and Part 4 had not come into force and the former Act had not been repealed with respect to the designated health discipline of Emergency Medical Technicians. (6) Any decision and order made by a committee as defined in Part 4 of the Health Disciplines Act , the Health Disciplines Board, a hearing tribunal or the council pursuant to this section is deemed to be a decision and order of a hearing tribunal or the council under this Act. (NOTE: Schedule 18 proclaimed in force September 15, 2016.) Schedule 19 Profession of Pharmacists and Pharmacy Technicians Continuation of corporation 1 The corporation known as the Alberta College of Pharmacists is continued as a corporation under the name Alberta College of Pharmacy. RSA 2000 cH‑7 Sched. 19 s1;2000 c15 s4(21);2017 c22 s24 Use of titles, etc. 2 A regulated member of the Alberta College of Pharmacy may, as authorized by the regulations, use any of the following titles, abbreviations and initials: (a) pharmacist; (a.1) clinical pharmacist; (b) pharmaceutical chemist; (c) druggist; (d) apothecary; (e) pharmacy intern; (f) repealed 2001 c21 s42; (g) pharmacist intern; (g.1) registered pharmacist; (g.2) pharmacy student; (g.3) pharmacist student; (g.4) Pharm. D.; (h) repealed 2001 c21 s42; (i) Ph. C; (j) R. Ph; (k) pharmacy technician; (l) provisional pharmacy technician; (m) pharmacy technician student; (n) pharmacy technologist; (o) dispensary technician; (p) dispensary technologist; (q) Pharm. Tech.; (r) Ph.T.; (s) R.Ph.T. RSA 2000 cH‑7 Sched. 19 s2;2001 c21 s42;2002 c30 s12; 2006 c19 s2(19);2008 c34 s28;2009 c46 s8;2017 c22 s24 Practice 3 (1) In their practice, pharmacists promote health and prevent and treat diseases, dysfunction and disorders through proper drug therapy and non‑drug decisions and, in relation to that, do one or more of the following: (a) assist and advise clients, patients and other health care providers by contributing unique drug and non‑drug therapy knowledge on drug and non‑drug selection and use, (b) monitor responses and outcomes to drug therapy, (c) compound, prepare and dispense drugs, (d) provide non‑prescription drugs, blood products, parenteral nutrition, health care aids and devices, (e) supervise and manage drug distribution systems to maintain public safety and drug system security, (f) educate clients, patients and regulated members of the Alberta College of Pharmacy and of other colleges in matters described in this section, (g) conduct or collaborate in drug‑related research, (h) conduct or administer drug and other health‑related programs, (i) provide restricted activities authorized by the regulations, and (j) provide professional services to support animal health, as authorized by the regulations. (2) In their practice, pharmacy technicians promote safe and effective drug distribution and, in relation to that, do one or more of the following under the direction of a pharmacist: (a) receive, gather, enter and store prescription and patient information, (b) store and repackage products, (c) participate in the management of systems for drug distribution and inventory control, (d) participate in the research, development, implementation and evaluation of quality assurance and risk management policies, procedures and activities, (e) provide restricted activities authorized by the regulations, (f) instruct patients about the use of health aids and devices, (g) teach the practice of pharmacy technicians, and (h) provide professional services to support animal health, as authorized by the regulations. RSA 2000 cH‑7 Sched. 19 s3;2008 c34 s28;2017 c22 s24;2021 c10 s3 Fines 4 Column 3 of the unprofessional conduct fines table applies to proceedings of the Alberta College of Pharmacy under Part 4. RSA 2000 cH‑7 Sched. 19 s4;2017 c22 s24 Orders 5 In addition to any order under section 82 of this Act, one or more of the following orders may be made by a hearing tribunal or by the council of the Alberta College of Pharmacy: (a) an order to suspend a pharmacy licence under the Pharmacy and Drug Act ; (b) an order to cancel a licence under the Pharmacy and Drug Act . RSA 2000 cH‑7 Sched. 19 s5;2017 c22 s24 Dispensing of generic or brand name equivalents 6 (1) If a prescription refers to a drug or drug combination by a brand name or a name other than its generic name, the regulated member who dispenses the prescription may dispense a drug or drug combination that is the generic or brand name equivalent of that named in the prescription unless the prescriber indicates otherwise (a) by designating the name of the manufacturer on the prescription, or (b) by specifying in the prescriber’s original handwriting that no generic or brand name equivalent may be dispensed. (2) No action may be commenced against a regulated member for dispensing a drug that is the generic or brand name equivalent of the drug named in the prescription unless the prescriber has indicated in accordance with subsection (1) that no drug other than the drug specified in the prescription may be dispensed. Transitional 7 On the coming into force of this Schedule, (a) the members of the Council, except the member under section 8(1)(c) of the Pharmaceutical Profession Act , continue as members of the council of the Alberta College of Pharmacists under this Act for the same terms of office unless their terms are terminated earlier under this Act; (b) the Registrar of the Alberta College of Pharmacists under the Pharmaceutical Profession Act continues as the registrar of the Alberta College of Pharmacists under this Act for the same term of office unless the term is terminated earlier under this Act; (c) the President of the Alberta College of Pharmacists under the Pharmaceutical Profession Act continues as the president of the Alberta College of Pharmacists under this Act for the same term of office unless the term is terminated earlier under this Act; (d) the members of the Practice Review Committee of the Alberta College of Pharmacists under the Pharmaceutical Profession Act , except the member under section 39(b) of that Act, continue as members of the competence committee of the Alberta College of Pharmacists under this Act for the same terms of office unless their terms are terminated earlier under this Act; (e) the members of the Registration Committee of the Alberta College of Pharmacists under the Pharmaceutical Profession Act continue as members of the registration committee of the Alberta College of Pharmacists under this Act for the same term of office unless their terms are terminated earlier under this Act; (f) if an Investigating Committee has commenced a hearing but has not made its written decision, that Investigating Committee and its members are continued until a written decision is made in accordance with the former Act, as if this Schedule and Part 4 had not come into force and the former Act had not been repealed. 1999 cH‑5.5 Sched. 19 s7;2000 c15 s4(21) Transitional 7.1 On the coming into force of this section, (a) the members of the council of the Alberta College of Pharmacists continue as members of the council of the Alberta College of Pharmacy for the same terms of office unless their terms are terminated earlier under this Act; (b) the registrar of the Alberta College of Pharmacists continues as the registrar of the Alberta College of Pharmacy for the same term of office unless the term is terminated earlier under this Act; (c) the president of the Alberta College of Pharmacists continues as the president of the Alberta College of Pharmacy for the same term of office unless the term is terminated earlier under this Act; (d) the members of the competence committee of the Alberta College of Pharmacists continue as members of the competence committee of the Alberta College of Pharmacy for the same terms of office unless their terms are terminated earlier under this Act; (e) the members of the registration committee of the Alberta College of Pharmacists continue as members of the registration committee of the Alberta College of Pharmacy for the same terms of office unless their terms are terminated earlier under this Act. 2017 c22 s24 Transitional 8 On the coming into force of this Schedule, (a) pharmacists, military pharmacists or academic practitioners under the former Act are deemed to be registered as regulated members of the Alberta College of Pharmacists, and (b) pharmacy interns under the former Act are deemed to be registered as regulated members of the Alberta College of Pharmacists, subject to the same conditions established under this Act for the category of regulated members known as pharmacy interns and these members are deemed to be issued the applicable practice permit, under this Act, by the Registrar of the Alberta College of Pharmacists until it expires or is cancelled under this Act. Transitional 8.1 On the coming into force of this section, clinical pharmacists, provisional pharmacists, courtesy pharmacists, student pharmacists, pharmacy technicians, provisional pharmacy technicians and courtesy pharmacy technicians registered as regulated members of the Alberta College of Pharmacists are deemed to be registered as regulated members of the Alberta College of Pharmacy and to be issued the applicable practice permit by the registrar of the Alberta College of Pharmacy until it expires or is cancelled under this Act. 2017 c22 s24 9 and 10 Repealed 2017 c22 s24. Transitional 11 (1) Any complaint made on or after the coming into force of this Schedule that relates to conduct occurring all or partly before the coming into force of this Schedule must be dealt with under this Act. (2) to (6) Repealed 2017 c22 s24. RSA 2000 cH‑7 Sched. 19 s11;2000 c15 s4(21);2017 c22 s24 12 Repealed 2017 c22 s24. (NOTE: Schedule 19 comes into force on the coming into force of the Pharmacy and Drug Act. Pharmacy and Drug Act proclaimed in force April 1, 2007.) Schedule 20 Profession of Physiotherapists Continuation of corporation 1 The corporation known as Physiotherapy Alberta College + Association is continued as a corporation under the name College of Physiotherapists of Alberta. RSA 2000 cH‑7 Sched. 20 s1;2016 c9 s18;2023 c9 s12 Use of titles, etc. 2 A regulated member of the College of Physiotherapists of Alberta may, as authorized by the regulations, use any of the following titles and abbreviations: (a) physical therapist; (b) physiotherapist; (b.1) physical therapist intern; (b.2) physiotherapist intern; (c), (d) repealed 2001 c21 s43; (e), (f) repealed 2007 c32 s1(38); (g) P.T. RSA 2000 cH‑7 Sched. 20 s2;2001 c21 s43;2007 c32 s1(38); 2016 c9 s18;2023 c9 s12 Practice 3 In their practice, physiotherapists do one or more of the following: (a) assess physical function, (b) diagnose and treat dysfunction caused by a pain, injury, disease or condition in order to develop, maintain and maximize independence and prevent dysfunction, (b.1) engage in research, education and administration with respect to health services delivery and the science, techniques and practice of physiotherapy, and (c) provide restricted activities authorized by the regulations. RSA 2000 cH‑7 Sched. 20 s3;2008 c34 s29;2016 c9 s18 Fines 4 Column 3 of the unprofessional conduct fines table applies to proceedings of the College of Physiotherapists of Alberta under Part 4. RSA 2000 cH‑7 Sched. 20 s4;2016 c9 s18;2023 c9 s12 Transitional 5 On the coming into force of this Schedule, (a) the members of the Council of The College of Physical Therapists of Alberta under the Physical Therapy Profession Act continue as members of the council of the College of Physical Therapists of Alberta under this Act for the same terms of office unless their terms are terminated earlier under this Act; (b) the Registrar of The College of Physical Therapists of Alberta under the Physical Therapy Profession Act continues as the registrar of the College of Physical Therapists of Alberta under this Act for the same term of office unless the term is terminated earlier under this Act; (c) the president of The College of Physical Therapists of Alberta under the Physical Therapy Profession Act continues as the president of the College of Physical Therapists of Alberta under this Act for the same term of office unless the term is terminated earlier under this Act; (d) the members of the Registration Committee of The College of Physical Therapists under the Physical Therapy Profession Act continue as members of the registration committee of the College of Physical Therapists of Alberta under this Act for the same terms of office unless their terms are terminated earlier under this Act; (e) if a reference has been made under section 40(b) of the Physical Therapy Profession Act or a determination has been made under section 42(2)(b) of the Physical Therapy Profession Act that a hearing should be held and a hearing has commenced but not concluded, the members of the Discipline Committee under the Physical Therapy Profession Act continue as members of the Discipline Committee for the purposes of the hearing until it is concluded, as if this Schedule and Part 4 had not come into force and the former Act had not been repealed. Transitional 5.1 On the coming into force of the Health Professions Amendment Act, 2016 , (a) the members of the council of the College of Physical Therapists of Alberta continue as members of the council of the Physiotherapy Alberta College + Association for the same terms of office unless their terms are terminated earlier under this Act; (b) the registrar of the College of Physical Therapists of Alberta continues as the registrar of the Physiotherapy Alberta College + Association for the same term of office unless the term is terminated earlier under this Act; (c) the president of the College of Physical Therapists of Alberta continues as the president of the Physiotherapy Alberta College + Association for the same term of office unless the term is terminated earlier under this Act; (d) the members of the registration committee of the College of Physical Therapists of Alberta continue as members of the registration committee of the Physiotherapy Alberta College + Association for the same terms of office unless their terms are terminated earlier under this Act. 2016 c9 s18 Transitional 5.2 On the coming into force of this section, (a) the members of the council of the Physiotherapy Alberta College + Association continue as members of the council of the College of Physiotherapists of Alberta for the same terms of office unless their terms are terminated earlier under this Act; (b) the registrar of the Physiotherapy Alberta College + Association continues as the registrar of the College of Physiotherapists of Alberta for the same term of office unless the term is terminated earlier under this Act; (c) the president of the Physiotherapy Alberta College + Association continues as the president of the College of Physiotherapists of Alberta for the same term of office unless the term is terminated earlier under this Act; (d) the members of the registration committee of the Physiotherapy Alberta College + Association continue as members of the registration committee of the College of Physiotherapists of Alberta for the same terms of office unless their terms are terminated earlier under this Act. 2023 c9 s12 Transitional 6 On the coming into force of this section, a person who is registered as a regulated member of, and has been issued a practice permit by the registrar of, the Physiotherapy Alberta College + Association is deemed to be registered as a regulated member of, and to have been issued a practice permit by the registrar of, the College of Physiotherapists of Alberta subject to the same conditions as under the original registration until the practice permit expires or is cancelled under this Act. RSA 2000 cH‑7 Sched. 20 s6;2016 c9 s18;2023 c9 s12 7 Repealed 2016 c9 s18. Transitional 8 (1) On the coming into force of this Schedule, a review of a practice under the Physical Therapy Profession Act that has not been concluded must be concluded in accordance with that Act. (2) For the purposes of subsection (1), the powers and duties (a) of the Practice Review Board under the Physical Therapy Profession Act are vested in and may be exercised by the competence committee of the College of Physical Therapists of Alberta under this Act, and any reference to the Practice Review Board in the Physical Therapy Profession Act is deemed to be a reference to the competence committee under this Act; (b) of the Council under the Physical Therapy Profession Act are vested in and may be exercised by the council of the College of Physical Therapists of Alberta under this Act, and any reference to the Council in the Physical Therapy Profession Act is deemed to be a reference to the council under this Act; (c) of the Registrar under the Physical Therapy Profession Act are vested in and may be exercised by the complaints director of the College of Physical Therapists of Alberta under this Act, and any reference to the Registrar in the Physical Therapy Profession Act is deemed to be a reference to the complaints director under this Act; (d) of the president of The College of Physical Therapists of Alberta under the Physical Therapy Profession Act are vested in and may be exercised by the president of the College of Physical Therapists of Alberta under this Act, and any reference to the president in the Physical Therapy Profession Act is deemed to be a reference to the president under this Act. (3) For the purposes of subsection (1), the members of the Practice Review Board of The College of Physical Therapists under the Physical Therapy Profession Act continue as members of the competence committee of the College of Physical Therapists of Alberta under this Act for the same terms of office until the review of the practice is concluded unless their terms are terminated earlier under this Act. Transitional 9 (1) Any complaint made on or after the coming into force of this Schedule that relates to conduct occurring all or partly before the coming into force of this Schedule must be dealt with under this Act. (2) On the coming into force of this Schedule, any proceedings with respect to a complaint made under the Physical Therapy Profession Act or with respect to a preliminary investigation commenced or the appointment of persons to commence a preliminary investigation under section 38 of the Physical Therapy Profession Act that have not been concluded must be concluded in accordance with that Act. (3) Subject to section 5(e) of this Schedule and subsection (5), for the purposes of subsection (1), the powers and duties (a) of the chair of the Discipline Committee under the Physical Therapy Profession Act are vested in and may be exercised by the complaints director of the College of Physical Therapists of Alberta under this Act, and any reference to the chair of the Discipline Committee in the Physical Therapy Profession Act is deemed to be a reference to the complaints director under this Act; (b) of the Discipline Committee under the Physical Therapy Profession Act , except under section 42, are vested in and may be exercised by a hearing tribunal of the College of Physical Therapists of Alberta, and any reference to the Discipline Committee in the Physical Therapy Profession Act , except in section 42, is deemed to be a reference to the hearing tribunal under this Act; (c) of the Registrar under the Physical Therapy Profession Act are vested in and may be exercised by the complaints director of the College of Physical Therapists of Alberta, and any reference to the Registrar in the Physical Therapy Profession Act is deemed to be a reference to the complaints director under this Act; (d) a member of the Discipline Committee under sections 39(4)(b), 40 and 41 of the Physical Therapy Profession Act are vested in and may be exercised by the complaints director of the College of Physical Therapists of Alberta, and any reference to a member of the Discipline Committee in sections 39(4)(b), 40 and 41 of the Physical Therapy Profession Act is deemed to be a reference to the complaints director under this Act; (e) of the Discipline Committee under section 42 of the Physical Therapy Profession Act are vested in and may be exercised by the complaint review committee of the College of Physical Therapists of Alberta, and any reference to the Discipline Committee in section 42 of the Physical Therapy Profession Act is deemed to be a reference to the complaint review committee under this Act; (f) of the College under the Physical Therapy Profession Act are vested in and may be exercised by the College of Physical Therapists of Alberta under this Act, and any reference to the College in the Physical Therapy Profession Act is deemed to be a reference to the college under this Act; (g) of the president under the Physical Therapy Profession Act are vested in and may be exercised by the president of the College of Physical Therapists of Alberta under this Act, and any reference to the president in the Physical Therapy Profession Act is deemed to be a reference to the president under this Act; (h) of the Council under the Physical Therapy Profession Act are vested in and may be exercised by the council of the College of Physical Therapists of Alberta under this Act, and any reference to the Council in the Physical Therapy Profession Act is deemed to be a reference to the council under this Act. (4) For the purposes of subsection (1), references to a certificate of registration or annual certificate in sections 53 and 54 of the Physical Therapy Profession Act are deemed to be references to registration and a practice permit under this Act. (5) If on the coming into force of this Schedule the Council under the Physical Therapy Profession Act has commenced but not concluded hearing an appeal, the members of the Council continue as the Council for the purposes of hearing the appeal until it is concluded, as if this Schedule and Part 4 had not come into force and the former Act had not been repealed. (6) Any decision and order made by the Discipline Committee, the Council, a hearing tribunal or the council pursuant to this section is deemed to be a decision and order of a hearing tribunal or the council under this Act. Provision of professional services 10 (1) A regulated member of the College of Physiotherapists of Alberta shall not provide a professional service except (a) for or on behalf of a person who is a regulated member of the College of Physiotherapists of Alberta, (b) at or in association with a practice setting approved by an accreditation body approved by the council of the College of Physiotherapists of Alberta, or (c) at or in association with a practice setting approved by the council of the College of Physiotherapists of Alberta. (2) Subsection (1) does not apply to a regulated member of the College of Physiotherapists of Alberta employed by (a) an institution owned, operated or controlled by a government or an agency or department of a government, (b) continuing care home as defined in the Continuing Care Act , whether or not it is owned, operated or controlled by a government or an agency or department of a government, (c) a hospital operator of a health services sector in an approved hospital under the Provincial Health Agencies Act , (d) a provincial health agency, regional health authority or provincial health corporation under the Provincial Health Agencies Act , or (e) other employers approved by the council of the College of Physiotherapists of Alberta. RSA 2000 cH‑7 Sched. 20 s10;2016 c9 s18;2022 cC‑26.7 s71; 2023 c9 s12;2024 c10 s21;2025 c10 s27 11 to 17 Repealed 2016 c9 s18. (NOTE: Schedule 20 proclaimed in force May 8, 2011.) Schedule 21 Profession of Physicians, Surgeons, Osteopaths and Physician Assistants College, Association and records 1 (1) On the coming into force of this Schedule, the corporation known as the College of Physicians and Surgeons of the Province of Alberta is continued as a corporation under the name College of Physicians and Surgeons of Alberta. (2) to (7) Repealed 2008 c34 s30. RSA 2000 cH‑7 Sched. 21 s1;2005 c13 s4(14); 2006 c19 s2(20);2008 c34 s30 Use of titles 2 A regulated member of the College of Physicians and Surgeons of Alberta may, as authorized by the regulations, use any of the following titles, abbreviations and initials: (a) physician; (b) repealed 2006 c19 s2(20); (c) general practitioner; (d) family physician; (e) osteopath; (f) osteopathic practitioner; (g) ‑ (j) repealed 2008 c34 s30; (k) anesthesiologist; (l) cardiologist; (m) clinical immunologist and allergist; (n) clinical pharmacologist; (o) intensivist; (p) dermatologist; (q) diagnostic radiologist; (r) endocrinologist; (s) gastroenterologist; (t) geriatrician; (u) hematologist; (v) internist; (w) medical geneticist; (x) medical oncologist; (y) neonatologist; (z) nephrologist; (aa) neurologist; (bb) occupational medicine specialist; (cc) repealed 2006 c19 s2(20); (dd) pediatrician; (ee) physiatrist; (ff) psychiatrist; (gg) radiation oncologist; (hh) rheumatologist; (ii) public health and preventive medicine specialist; (jj) emergency medicine specialist; (kk) infectious disease specialist; (ll) nuclear medicine specialist; (mm) respiratory medicine specialist; (nn) perinatologist; (oo) anatomical pathologist; (pp) general pathologist; (qq) hematological pathologist; (rr) medical biochemist; (ss) medical microbiologist; (tt) neuropathologist; (uu) cardiovascular and thoracic surgeon; (vv) general surgeon; (ww) general surgical oncologist; (xx) gynecologic oncologist; (yy) gynecologic reproductive endocrinologist; (zz) neurosurgeon; (aaa) obstetrician; (bbb) ophthalmologist; (ccc) orthopedic surgeon; (ddd) otolaryngologist; (eee) pediatric general surgeon; (fff) plastic surgeon; (ggg) thoracic surgeon; (hhh) urologist; (iii) vascular surgeon; (jjj) gynecologist; (kkk), (lll) repealed 2008 c34 s30; (mmm) medical doctor; (nnn) cardiac surgeon; (ooo) respirologist; (ppp) colorectal surgeon; (qqq) developmental pediatrician; (rrr) forensic pathologist; (sss) neuroradiologist; (ttt) palliative medicine specialist; (uuu) palliative physician; (vvv) pediatric emergency specialist; (www) pediatric hematologist/oncologist; (xxx) pediatric radiologist; (yyy) transfusion medicine specialist; (zzz) MD; (aaaa) adolescent medicine specialist; (bbbb) critical care practitioner; (cccc) Doctor of Osteopathic Medicine; (dddd) D.O.; (eeee) Doctor of Osteopathy; (ffff) family medicine practitioner; (gggg) medical practitioner; (hhhh) osteopathic medical practitioner; (iiii) radiologist; (jjjj) adolescent psychiatrist; (kkkk) cardiac electrophysiologist; (llll) cytopathologist; (mmmm) forensic psychiatrist; (nnnn) geriatric psychiatrist; (oooo) interventional cardiologist; (pppp) maternal‑fetal medical specialist; (qqqq) preventive medicine specialist; (rrrrr) public health specialist; (ssss) pulmonologist; (tttt) sports medicine physician; (uuuu) physician assistant; (vvvv) PA. RSA 2000 cH‑7 Sched. 21 s2;2005 c13 s4(14); 2006 c19 s2(20);2008 c34 s30;2016 c9 s19 Practice 3 (1) In their practice of medicine, physicians, surgeons and osteopaths do one or more of the following: (a) assess the physical, mental and psychosocial condition of individuals to establish a diagnosis, (b) assist individuals to make informed choices about medical and surgical treatments, (c) treat physical, mental and psychosocial conditions, (d) promote wellness, injury avoidance, disease prevention and cure through research and education, (e) engage in research, education and administration with respect to health, and (f) provide restricted activities authorized by the regulations. (1.1) In their practice physician assistants do one or more of the following under the supervision of a member of the College of Physicians and Surgeons of Alberta who is authorized to use the title “physician”: (a) assess the physical, mental and psychosocial condition of individuals to establish a diagnosis, (b) assist individuals to make informed choices about medical and surgical treatments, (c) treat physical, mental and psychosocial conditions, (d) promote wellness, injury avoidance, disease prevention and cure through research and education, (e) engage in research, education and administration with respect to health, and (f) provide restricted activities authorized by the regulations. (2) Repealed 2008 c34 s30. RSA 2000 cH‑7 Sched. 21 s3;2008 c34 s30;2016 c9 s19 Fines 4 Column 3 of the unprofessional conduct fines table applies to proceedings of the College of Physicians and Surgeons of Alberta under Part 4. RSA 2000 cH‑7 Sched. 21 s4;2005 c13 s4(14) Non-traditional therapy 5 Despite anything in this Act, a regulated member is not guilty of unprofessional conduct or of a lack of competence solely because the regulated member employs a therapy that is non‑traditional or departs from the prevailing practices of physicians, surgeons or osteopaths unless it can be demonstrated that the therapy has a safety risk for that patient that is unreasonably greater than that of the traditional or prevailing practices. RSA 2000 cH‑7 Sched. 21 s5;2008 c34 s30 6, 7 Repealed 2008 c34 s30. Definitions 8 In this section and sections 8.1 to 8.7 of this Schedule, (a) “accreditation committee” means the Medical Facility Accreditation Committee; (b) “accreditation standard” means an accreditation standard established or adopted by the council under the bylaws of the college; (c) “accredited medical facility” means a medical facility that is accredited in accordance with this Schedule; (d) “college” means the College of Physicians and Surgeons of Alberta; (e) “council” means the council of the college; (f) “medical facility” means a facility in which a regulated member provides health services or causes health services to be provided; (g) “prescribed health service” means a health service prescribed in the bylaws of the college as a health service that may be provided only in an accredited medical facility or a facility referred to in section 8.1(2); (h) “registrar” means the registrar of the college; (i) “regulated member” means a regulated member of the college. 2008 c34 s30 Requirement for accreditation 8.1 (1) A regulated member shall not provide a prescribed health service, or cause a prescribed health service to be provided, in a facility unless the facility is an accredited medical facility or a facility referred to in subsection (2). (2) Unless the Minister directs otherwise, subsection (1) does not apply with respect to a prescribed health service provided in (a) an approved hospital under the Provincial Health Agencies Act , (b) a hospital operated by the Government of Canada, (c) a health care facility operated by the Government of Canada or the Government of Alberta, (d) a clinic or centre operated by a provincial health agency, regional health authority or provincial health corporation under the Provincial Health Agencies Act , (e) a facility within the meaning of the Mental Health Act or an accredited health centre established for the purpose of section 49(b) of the Mental Health Act , or (f) a facility that is prescribed in the regulations. (3) On the coming into force of this section, a medical facility that is accredited by the College of Physicians and Surgeons of Alberta is deemed to be accredited by the accreditation committee under this Schedule until that accreditation expires or is cancelled under this Act. 2008 c34 s30;2016 c9 s19;2024 c10 s21;2025 c10 s27 Medical Facility Accreditation Committee 8.2 (1) The Medical Facility Assessment Committee appointed under the Medical Profession Act is continued as the Medical Facility Accreditation Committee under this Act. (2) The accreditation committee must (a) carry out its duties under this Schedule, the regulations and the bylaws of the college, and (b) advise the council on any matter relating to the accreditation of a medical facility or to the accreditation process generally. (3) Subject to section 51(4) of this Act, a member of the accreditation committee has the powers and duties of a member of a competence committee under section 51(3) of this Act for the purposes of conducting an inspection under this Schedule. (4) The accreditation committee may appoint persons who have technical expertise or other relevant knowledge to inquire into and report to the accreditation committee with respect to any matter related to any power or duty of the accreditation committee. (5) The accreditation committee may establish advisory committees to inspect medical facilities and advise the accreditation committee, and for that purpose a member of an advisory committee has the powers of a member of the accreditation committee to carry out an inspection. 2008 c34 s30 Application for accreditation 8.3 (1) The medical director of a medical facility may apply to the registrar in accordance with the regulations for accreditation of that medical facility and for renewal of that accreditation. (2) On receipt of an application under subsection (1) the accreditation committee must review the application in accordance with the bylaws and inspect the medical facility to determine if the facility meets the accreditation standards for that type of facility, and may (a) grant or renew, or refuse to grant or to renew, the accreditation of the medical facility; (b) impose conditions on the accreditation of the medical facility; (c) direct the medical director of the medical facility to make specified changes before the accreditation of the medical facility will be granted or renewed; (d) grant or renew the accreditation of the medical facility for a specified time period of up to 5 years. (3) If the accreditation committee (a) refuses to grant or renew the accreditation of a medical facility, (b) imposes conditions on the accreditation of a medical facility, or (c) directs the medical director of the medical facility to make specified changes, the accreditation committee must give written reasons for that decision to the medical director of the medical facility. (4) The medical director of a medical facility must ensure that a medical facility is accredited before the medical director permits a prescribed health service to be provided in the medical facility. 2008 c34 s30 Inspections of medical facilities 8.4 (1) The accreditation committee may, at any reasonable time, inspect an accredited medical facility to determine whether (a) the medical facility continues to meet the accreditation standards for that type of facility, (b) conditions imposed on the accreditation of the medical facility under section 8.3 of this Schedule are being complied with, or (c) the medical director of the medical facility has made changes required by the accreditation committee under section 8.3(2)(c) of this Schedule. (2) The accreditation committee may, at any reasonable time, inspect a medical facility that is not an accredited medical facility to determine whether prescribed health services are being provided in the medical facility in contravention of section 8.1 of this Schedule. (3) On completion of an inspection, the accreditation committee may decide to do any of the following: (a) direct the medical director of the medical facility to make specified changes within a specified time period; (b) direct the medical director to cease providing prescribed health services in the medical facility until the changes directed under clause (a) have been made to the accreditation committee’s satisfaction; (c) impose conditions, or vary existing conditions, on the accreditation of the medical facility; (d) revoke the accreditation of the medical facility. (4) The accreditation committee must provide an inspection report and a copy of the written reasons for a decision made under subsection (3) to the registrar and to the medical director of the medical facility. 2008 c34 s30 Appeal of accreditation committee’s decision 8.5 (1) The medical director of a medical facility may appeal an accreditation committee’s decision under section 8.3 or 8.4 of this Schedule to the council by written notice of appeal that states the grounds for the appeal. (2) A notice of appeal must be given to the registrar within 15 days after the date on which a copy of the decision was given to the medical director. (3) The registrar must, on being given a notice of appeal, give a copy of the notice of appeal, and make the inspection report of the accreditation committee available, to each member of the council. (4) The council must schedule an appeal hearing within 30 days after the date on which the registrar is given the notice of appeal, and the registrar must, as soon as possible, notify the medical director of the medical facility of the date, time and place of the appeal hearing. (5) The chair of the accreditation committee, the appellant and the medical director of the medical facility may appear and be represented by counsel at the appeal hearing. (6) The council may (a) grant adjournments of the proceedings, or reserve the determination of the matters before it, for a future meeting of the council, (b) on hearing an application for leave to introduce new evidence, direct the accreditation committee to hear that evidence and to reconsider its decision and vary, quash or confirm the decision, (c) vary, quash or confirm the decision of the accreditation committee, or (d) order that the matter be referred back to the accreditation committee for further assessment and that the accreditation committee report back to the council for the council’s consideration on the appeal. (7) The council must issue its decision at or within a reasonable time after the conclusion of the appeal hearing. 2008 c34 s30 Unprofessional conduct 8.6 (1) For the purposes of Part 4, it is unprofessional conduct for a regulated member of the college (a) to contravene section 8.1(1) of this Schedule, or (b) to fail or refuse to co‑operate with the accreditation committee. (2) The accreditation committee or a member of the accreditation committee must make a referral to the complaints director if, on the basis of information obtained pursuant to carrying out powers and duties under this Schedule, the accreditation committee or member is of the opinion that a regulated member may be guilty of unprofessional conduct. 2008 c34 s30 Bylaws 8.7 The council may make bylaws (a) respecting the establishment and operation of medical facilities that require or are granted accreditation under this Schedule; (b) prescribing health services that may be provided only in an accredited medical facility; (c) prescribing facilities for the purpose of section 8.1(2)(f) of this Schedule; (d) respecting the powers and duties of the accreditation committee; (e) respecting accreditation standards, including the contents, adoption and amendment of accreditation standards; (f) respecting the type of medical facility to which each standard applies; (g) respecting applications for accreditation or the renewal of accreditation; (h) subject to sections 97 to 100 of this Act, respecting the ownership of the practice of physicians, surgeons and osteopaths and the financial and contractual arrangements with respect to the provision of prescribed health services by regulated members in medical facilities that require or are granted accreditation under this Schedule; (i) describing the services that are major surgical services and minor surgical services for the purposes of sections 0.1(q) and 2(2) of the Health Facilities Act ; (j) prescribing the kind or degree of risk for the purposes of section 0.1(q) of the Health Facilities Act . 2008 c34 s30;2020 c27 s4 9 to 13 Repealed 2008 c34 s30. Transitional 14 On the coming into force of this Schedule, (a) the members of the Council of the College of Physicians and Surgeons of Alberta under the Medical Profession Act continue as members of the council of the College of Physicians and Surgeons of Alberta under this Act for the same terms of office unless their terms are terminated earlier under this Act; (b) the president of the College of Physicians and Surgeons of Alberta under the Medical Profession Act continues as the president of the College of Physicians and Surgeons of Alberta under this Act for the same term of office unless the term is terminated earlier under this Act; (c) the registrar of the College of Physicians and Surgeons of Alberta under the Medical Profession Act continues as the registrar of the College of Physicians and Surgeons of Alberta under this Act for the same term of office unless the term is terminated earlier under this Act; (d) the members of the Appeal Committee of the College of Physicians and Surgeons of Alberta under the Medical Profession Act continue as members of the Appeal Committee of the College of Physicians and Surgeons of Alberta under this Act for the same terms of office unless their terms are terminated earlier under this Act; (e) the members of the Physician Performance Committee of the College of Physicians and Surgeons of Alberta under the Medical Profession Act continue as members of the competence committee of the College of Physicians and Surgeons of Alberta under this Act for the same terms of office unless their terms are terminated earlier under this Act; (f) if a review panel has been appointed and the review has not been concluded, the members of the review panel continue as members of the review panel for the purposes of the review under the Medical Profession Act and as members of a committee under section 16(2)(d) of this Schedule and are deemed to be appointed to the committee by the Minister until the review is concluded; (g) if a direction is made under section 51(2) of the Medical Profession Act and the investigating committee has met for the purposes of taking evidence under section 57 of the Medical Profession Act but has not made a recommendation under section 61 of the Medical Profession Act , the members of the investigating committee continue as members of the investigating committee for the purposes of the proceedings under the Medical Profession Act until the proceedings are concluded, and a recommendation is made under the Medical Profession Act , as if this Schedule and Part 4 had not come into force and the Medical Profession Act had not been repealed; (h) despite clause (d), if a notice of appeal is filed under section 38(2) of the Medical Profession Act and the hearing is not concluded, the members of the Appeal Committee continue as members of the Appeal Committee for the purposes of the review and as members of the Appeal Committee under this Schedule for the same term of office unless their terms are terminated earlier under this Act; (i) the members of the Medical Facility Assessment Committee under the Medical Profession Act continue as members of the Medical Facility Accreditation Committee under this Act for the same terms of office unless their terms are terminated earlier under this Act; RSA 2000 cH‑7 Sched. 21 s14; 2005 c13 s4(14); 2008 c34 s30 Transitional 15 (1) On the coming into force of this Schedule, a person who is registered under the Medical Profession Act on the Alberta Medical Register, Special Register, Educational Register, Courtesy Register or temporary register is deemed to be registered as a regulated member of, and is deemed to have been issued a practice permit by the registrar of, the College of Physicians and Surgeons of Alberta under this Act subject to the same conditions as under the former Act until the practice permit expires or is cancelled under this Act. (2) On the coming into force of this Schedule, a person who holds a certificate as a specialist under section 89 of the Medical Profession Act is deemed to be certified, subject to the same conditions, as a specialist under this Act. (3) On the coming into force of this Schedule, a professional corporation under the Medical Profession Act is deemed to be registered on the record of professional corporations of the College of Physicians and Surgeons of Alberta and to be issued an annual permit under this Act until the annual permit expires or is cancelled under this Act. (4) Repealed 2008 c34 s30. RSA 2000 cH‑7 Sched. 21 s15; 2005 c13 s4(14); 2006 c19 s2(20);2008 c34 s30 Transitional 16 (1) On the coming into force of this Schedule, an application for registration in the Alberta Medical Register, Special Register, Educational Register, Courtesy Register or temporary register under the Medical Profession Act that has not been concluded must be concluded in accordance with that Act, including the payment of fees and providing information required under that Act. (2) For the purposes of subsection (1), the powers and duties (a) of the registrar under the Medical Profession Act are vested in and may be exercised by the registrar of the College of Physicians and Surgeons of Alberta under this Act, and any reference to the registrar in the Medical Profession Act is deemed to be a reference to the registrar under this Act; (b) repealed 2008 c25 s22; (c) of the council under Part 2 of the Medical Profession Act are vested in and may be exercised by the council of the College of Physicians and Surgeons of Alberta under this Act, and any reference to the council in Part 2 of the Medical Profession Act is deemed to be a reference to the council under this Act; (d) of a review panel under section 28 of the Medical Profession Act are vested in and may be exercised by a committee of 3 regulated members of the College of Physicians and Surgeons of Alberta under this Act appointed by the Minister, which is deemed to be a review panel appointed by the Minister under section 28 of the Medical Profession Act , and any reference to a review panel in section 28 of the Medical Profession Act is deemed to be a reference to the committee under this Act. (3) to (5) Repealed 2008 c34 s30. RSA 2000 cH‑7 Sched. 21 s16; 2005 c13 s4(14); 2008 c25 s22;2008 c34 s30 Transitional 17 (1) On the coming into force of this Schedule, an application for a permit under section 75 of the Medical Profession Act that has not been concluded must be concluded in accordance with that Act. (2) For the purposes of subsection (1), the powers and duties of the registrar under the Medical Profession Act are vested in and may be exercised by the registrar of the College of Physicians and Surgeons of Alberta under this Act, and any reference to the registrar in the Medical Profession Act is deemed to be a reference to the registrar under this Act. (3) A corporation that is issued a permit under this section is deemed to be a professional corporation issued an annual permit under this Act until the annual permit expires or is cancelled under this Act. RSA 2000 cH‑7 Sched. 21 s17; 2005 c13 s4(14) Transitional 18 (1) On the coming into force of this Schedule, a general assessment, an individual assessment and a specified action commenced but not concluded under Part 3 of the Medical Profession Act must be concluded in accordance with that Act.
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Health Professions Act — segment 12
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Health Professions Act — segment 12
This segment mostly sets transitional rules for health-profession bodies and re-maps old Act references to new committees, councils, and members; it also allows certain title uses and restricts some psychology title use.
(2) For the purposes of subsection (1), the powers and duties (a) of the Physician Performance Committee under the Medical Profession Act are vested in and may be exercised by the competence committee of the College of Physicians and Surgeons of Alberta under this Act, and any reference to the Physician Performance Committee in the Medical Profession Act is deemed to be a reference to the competence committee under this Act; (b) of the investigation chair under the Medical Profession Act are vested in and may be exercised by the complaints director of the College of Physicians and Surgeons of Alberta under this Act, and any reference to the investigation chair in the Medical Profession Act is deemed to be a reference to the complaints director under this Act; (c) of the council under the Medical Profession Act are vested in and may be exercised by the council of the College of Physicians and Surgeons of Alberta under this Act, and any reference to the council in the Medical Profession Act is deemed to be a reference to the council under this Act; (d) of the Appeal Committee under the Medical Profession Act are vested in and may be exercised by the council of the College of Physicians and Surgeons of Alberta under this Act, and any reference to the Appeal Committee in the Medical Profession Act is deemed to be a reference to the council under this Act. (3) For the purposes of subsection (1), a reference to a registered practitioner in the Medical Profession Act is deemed to be a reference to a regulated member under this Act. RSA 2000 cH‑7 Sched. 21 s18; 2005 c13 s4(14); 2008 c34 s30 Transitional 19 (1) Any complaint made on or after this Schedule comes into force with respect to a person described in subsection (2), that relates to conduct that occurred all or partly before the coming into force of this Schedule, must be dealt with under this Act. (2) Subsection (1) applies to (a) a person who was a registered practitioner under the Medical Profession Act when the conduct that was the subject of the complaint was alleged to have occurred, but only if the complaint was made within the 2 years of that person ceasing to be a registered practitioner, and (b) repealed 2008 c34 s30, (c) a regulated member of the College of Physicians and Surgeons of Alberta who was a registered practitioner under the Medical Profession Act when the conduct that was the subject of the complaint was alleged to have occurred. (3) Repealed 2008 c34 s30. (4) On the coming into force of this Schedule, any proceedings (a) with respect to a complaint or allegations referred to in section 46 of the Medical Profession Act made under the Medical Profession Act before the coming into force of this Schedule, or (b) with respect to any matter under review referred to in section 46 of the Medical Profession Act , that have not been concluded must be concluded in accordance with that Act. (5) Subject to section 14(g) and (h) of this Schedule, and subsection (6), for the purposes of subsection (4), the powers and duties (a) of the investigation chair under the Medical Profession Act are vested in and may be exercised by the complaints director of the College of Physicians and Surgeons of Alberta under this Act, and any reference to the investigation chair in the Medical Profession Act is deemed to be a reference to the complaints director under this Act; (b) of the registrar under the Medical Profession Act are vested in and may be exercised by the registrar of the College of Physicians and Surgeons of Alberta under this Act, and any reference to the registrar in the Medical Profession Act is deemed to be a reference to the registrar under this Act; (c) of a person conducting or making a preliminary investigation under the Medical Profession Act are vested in and may be exercised by an investigator of the College of Physicians and Surgeons of Alberta under this Act, and any reference to that person in the Medical Profession Act is deemed to be a reference to an investigator under this Act; (d) of the Complaints Committee under the Medical Profession Act are vested in and may be exercised by the complaint review committee of the College of Physicians and Surgeons of Alberta under this Act, and any reference to the Complaints Committee in the Medical Profession Act is deemed to be a reference to the complaint review committee under this Act; (e) of the investigating committee under the Medical Profession Act are vested in and may be exercised by a hearing tribunal of the College of Physicians and Surgeons of Alberta under this Act, and any reference to the investigating committee in the Medical Profession Act is deemed to be a reference to the hearing tribunal under this Act; (f) of the council and the executive committee under the Medical Profession Act are vested in and may be exercised by the council of the College of Physicians and Surgeons of Alberta under this Act, and any reference to the council or the executive committee in the Medical Profession Act is deemed to be a reference to the council under this Act. (6) If on the coming into force of this Schedule the council under the Medical Profession Act has commenced but not concluded hearing a review or an appeal, the members of the council continue as the council for the purposes of hearing the review or the appeal until it is concluded, as if this Schedule and Part 4 had not come into force and the Medical Profession Act had not been repealed. (7) Any decision or order made by an investigating committee, the council or a hearing tribunal pursuant to subsection (5) or (6) is deemed to be a decision and order of a hearing tribunal or the council under this Act. (8) For the purposes of subsection (4), a reference to a registered practitioner in Part 4 of the Medical Profession Act is deemed to be a reference to a regulated member under this Act, and a reference to registration in Part 4 of the Medical Profession Act is deemed to be a reference to registration and a practice permit under this Act. (9) to (13) Repealed 2008 c34 s30. RSA 2000 cH‑7 Sched. 21 s19;2005 c13 s4(14); 2006 c19 s2(20);2008 c34 s30 (NOTE: Schedule 21 proclaimed in force December 16, 2009.) Schedule 21.1 Profession of Podiatrists College, Association and records 1 (1) On the coming into force of this Schedule, the Alberta Podiatry Association under the Podiatry Act is continued as a corporation under the name College of Podiatric Physicians of Alberta. (2) Despite section 35(b) of the Freedom of Information and Protection of Privacy Act , on the coming into force of this Schedule the College of Podiatric Physicians of Alberta has the ownership, custody and control of the records of the Board of Examiners in Podiatry respecting matters described in section 7(5) of the Podiatry Act , and the records must be given to the College of Podiatric Physicians of Alberta. (3) The Minister may request and collect information and the records described in subsection (2) from the College of Podiatric Physicians of Alberta for purposes directly related to or necessary for any proceeding, including preparation for a proceeding, with respect to an action or claim, or with respect to the negotiation or settlement of an action or claim before it is before a Court or while it is before a Court, and the Minister may disclose the information or records collected, as the Minister considers appropriate, in carrying out those purposes. 2008 c34 s31 Use of titles 2 A regulated member of the College of Podiatric Physicians of Alberta may, as authorized by the regulations, use any of the following titles, abbreviations and initials: (a) podiatrist; (b) podiatric medical practitioner; (c) podiatric surgeon; (d) podiatric orthopedist; (e) podiatric physician; (f) doctor of podiatric medicine; (g) doctor; (g.1) provisional podiatrist; (h) D.P.M. (i) Dr. 2008 c34 s31;2016 c9 s20 Practice 3 In their practice, podiatrists do one or more of the following: (a) diagnose and treat ailments, diseases, deformities and injuries of the human foot, including the articulation of the tibia and fibula and those muscles and tendons directly affecting foot function, including the employment of preventive measures and the use of medical, physical or surgical methods but not including treatment of systemic disease, except the local manifestations in the foot, (b) engage in research, education and administration with respect to health, and (c) provide restricted activities authorized by the regulations. 2008 c34 s31 Fines 4 Column 3 of the unprofessional conduct fines table applies to proceedings of the College of Podiatric Physicians of Alberta under Part 4. 2008 c34 s31 Transitional 5 On the coming into force of this Schedule, (a) the members of the Council of Management of the Alberta Podiatry Association under the Podiatry Act continue as members of the council of the College of Podiatric Physicians of Alberta under this Act for the same terms of office unless their terms are terminated earlier under this Act; (b) the registrar of the Alberta Podiatry Association under the Podiatry Act continues as the registrar of the College of Podiatric Physicians of Alberta under this Act for the same term of office unless the term is terminated earlier under this Act. 2008 c34 s31 Transitional 6 On the coming into force of this Schedule, a person who is a member of the Alberta Podiatry Association under the Podiatry Act is deemed to be a regulated member of the College of Podiatric Physicians of Alberta and deemed to have been issued a practice permit that is subject to (a) the same conditions on practice imposed by the Alberta Podiatry Association under the Podiatry Act that existed, on the coming into force of this Schedule, with respect to that person under the Podiatry Act , and (b) the same authority and conditions on the practice of a podiatrist under the Drugs, Chemicals and Compounds Regulation (AR 21/99) that existed on the coming into force of this Schedule, until the practice permit expires, is modified or is cancelled under this Act. 2008 c34 s31 Transitional 7 (1) On the coming into force of this Schedule, an application for registration under the Podiatry Act that is not concluded must be concluded in accordance with that Act, but the registrar may issue a practice permit and impose conditions on the practice permit under this Act. (2) A decision of the registrar under subsection (1) may be reviewed by the council of the College of Podiatric Physicians of Alberta in accordance with sections 31 and 32 of this Act. (3) For the purposes of subsection (1), the powers and duties (a) of the Council of Management and of the Board of Examiners in Podiatry under the Podiatry Act are vested in and may be exercised by the registrar of the College of Podiatric Physicians of Alberta under this Act, and any reference to the Council of Management or the Board of Examiners in the Podiatry Act is deemed to be a reference to the registrar under this Act; (b) of the registrar under the Podiatry Act are vested in and may be exercised by the registrar of the College of Podiatric Physicians of Alberta under this Act, and any reference to the registrar in the Podiatry Act is deemed to be a reference to the registrar under this Act; (c) of the Minister under section 8(5) of the Podiatry Act remain with the Minister. 2008 c34 s31 Transitional 8 (1) Any complaint made after this Schedule comes into force with respect to a person described in subsection (2) that relates to conduct that occurred all or partly before the coming into force of this Schedule must be dealt with under this Act. (2) Subsection (1) applies to (a) a person who was a member of the Alberta Podiatry Association under the Podiatry Act when the conduct that is the subject of the complaint is alleged to have occurred but is not a regulated member of the College of Podiatric Physicians of Alberta, but only if the complaint was made within 2 years of that person’s ceasing to be a registered practitioner, and (b) a regulated member of the College of Podiatric Physicians of Alberta who was a member of the Alberta Podiatry Association under the Podiatry Act when the conduct that is the subject of the complaint is alleged to have occurred. (3) On the coming into force of this Schedule, any proceedings with respect to a complaint under the Podiatry Act made before the coming into force of this Schedule that have not been concluded must be concluded in accordance with that Act. (4) Subject to subsection (5), for the purposes of subsection (3), the powers and duties (a) of the registrar under the Podiatry Act are vested in and may be exercised by the complaints director of the College of Podiatric Physicians of Alberta under this Act, and any reference to the registrar in the Podiatry Act is deemed to be a reference to the complaints director under this Act; (b) of the Council of Management under the Podiatry Act are vested in and may be exercised by a hearing tribunal of the College of Podiatric Physicians of Alberta, and any reference to the Council in the Podiatry Act is deemed to a reference to a hearing tribunal under this Act; (c) of the Alberta Podiatry Association under the Podiatry Act are vested in and may be exercised by the College of Podiatric Physicians of Alberta under this Act, and any reference to the Association in the Podiatry Act is deemed to be a reference to the College of Podiatric Physicians of Alberta. (5) If on the coming into force of this Schedule the Council of Management under the Podiatry Act has commenced but not concluded hearing a matter, the Council and those members hearing the matter must continue until a written decision is made under the Podiatry Act as if this Schedule and Part 4 had not come into force and the Podiatry Act had not been repealed. (6) For the purposes of subsections (3) and (5), a reference in section 17 of the Podiatry Act to the registration of an investigated member is deemed to be a reference to the registration and practice permit of a regulated member under this Act. (7) On the coming into force of this Schedule, every order of the Council of Management made under section 17 or 18 of the Podiatry Act is deemed to be an order of the council of the College of Podiatric Physicians of Alberta, and may be amended or cancelled by the council under this Act. 2008 c34 s31 (NOTE: Schedule 21.1 proclaimed in force July 2, 2012.) Schedule 22 Profession of Psychologists Continuation of corporation 1 On the coming into force of this Schedule, the corporation known as the College of Alberta Psychologists is continued as a corporation under the same name. RSA 2000 cH‑7 Sched. 22 s1;2005 c13 s4(15) Use of titles 2 A regulated member of the College of Alberta Psychologists may, as authorized by the regulations, use any of the following titles: (a) psychologist; (b) repealed 2003 c39 s11; (c) provisional psychologist; (d) associate psychologist. RSA 2000 cH‑7 Sched. 22 s2;2003 c39 s11;2005 c13 s4(15) Practice 3 In their practice, psychologists do one or more of the following: (a) assess, diagnose, treat, guide and support persons or groups of persons in order to enhance development, effective living and quality of life or to prevent, remedy or ameliorate mental, emotional, cognitive, behavioural and interpersonal difficulties; (b) teach, supervise or consult in the practice of psychology; (b.1) manage and conduct research in the science, techniques and practice of psychology; (c) provide restricted activities authorized by the regulations. RSA 2000 cH‑7 Sched. 22 s3;2003 c39 s11;2008 c34 s30 Fines 4 Column 2 of the unprofessional conduct fines table applies to proceedings of the College of Alberta Psychologists under Part 4. RSA 2000 cH‑7 Sched. 22 s4;2005 c13 s4(15) Use of “ Doctor ” , etc. 5 No regulated member except a regulated member who has obtained an earned doctoral degree in a program in psychology approved by the Credentials Evaluation Committee of the College of Alberta Psychologists shall use the title “Doctor” or the abbreviation “Dr.”, “Ph.D.”, “Ed.D.” or “Psy.D.” in connection with the practice of psychology without identifying the program or discipline in which the regulated member earned or received the doctoral degree. RSA 2000 cH‑7 Sched. 22 s5;2003 c39 s11;2005 c13 s4(15) Transitional 6 On the coming into force of this Schedule, (a) the members of the Council of the College of Alberta Psychologists under the Psychology Profession Act continue as members of the council of the College of Alberta Psychologists under this Act for the same terms of office unless their terms are terminated earlier under this Act; (b) the Registrar of the College of Alberta Psychologists under the Psychology Profession Act continues as the registrar of the College of Alberta Psychologists under this Act for the same term of office unless the term is terminated earlier under this Act; (c) the president of the College of Alberta Psychologists under the Psychology Profession Act continues as the president of the College of Alberta Psychologists under this Act for the same term of office unless the term is terminated earlier under this Act; (d) the members of the Registration Committee under the Psychology Profession Act continue as members of the registration committee of the College of Alberta Psychologists under this Act for the same terms of office unless their terms are terminated earlier under this Act; (e) if a matter is referred under section 34(b) of the Psychology Profession Act and a hearing has commenced but not concluded, the members of the Discipline Committee continue as members of the Discipline Committee until it is concluded, as if this Schedule and Part 4 had not come into force and the former Act had not been repealed. RSA 2000 cH‑7 Sched. 22 s6;2005 c13 s4(15) Transitional 7 On the coming into force of this Schedule, a person who is a chartered psychologist, provisional chartered psychologist or courtesy registrant under the Psychology Profession Act is deemed to be registered as a regulated member of, and to have been issued a practice permit by the registrar of, the College of Alberta Psychologists under this Act subject to the same conditions as under the former Act until the practice permit expires or is cancelled under this Act. RSA 2000 cH‑7 Sched. 22 s7;2003 c39 s11;2005 c13 s4(15) Transitional 8 (1) On the coming into force of this Schedule, an application for registration or for renewal of an annual certificate or a reinstatement made under the Psychology Profession Act that has not been concluded must be concluded in accordance with that Act. (2) For the purposes of subsection (1), the powers and duties (a) of the Registration Committee under the Psychology Profession Act are vested in and may be exercised by the registration committee of the College of Alberta Psychologists under this Act, and any reference to the Registration Committee in the Psychology Profession Act is deemed to be a reference to the registration committee under this Act; (b) of the Registrar under the Psychology Profession Act are vested in and may be exercised by the registrar of the College of Alberta Psychologists under this Act, and any reference to the Registrar in the Psychology Profession Act is deemed to be a reference to the registrar under this Act; (c) of the Council under the Psychology Profession Act are vested in and may be exercised by the council of the College of Alberta Psychologists under this Act, and any reference to the Council in the Psychology Profession Act is deemed to be a reference to the council under this Act. (3) On the coming into force of this Schedule, an approved program of psychology under section 9 of the Psychology Profession Act continues as an approved program of psychology for the purposes of subsection (1). (4) A person who is registered or reinstated or whose application for an annual certificate is approved under this section is deemed to be registered as a regulated member of, and to have been issued a practice permit by the registrar of, the College of Alberta Psychologists under this Act subject to the same conditions until the practice permit expires or is cancelled under this Act. RSA 2000 cH‑7 Sched. 22 s8;2005 c13 s4(15) Transitional 9 (1) Any complaint made on or after the coming into force of this Schedule that relates to conduct occurring all or partly before the coming into force of this Schedule must be dealt with under this Act. (2) On the coming into force of this Schedule, any proceedings with respect to a complaint made under the Psychology Profession Act or a preliminary investigation commenced by a person appointed to commence or continue a preliminary investigation under section 31 of the Psychology Profession Act , before the coming into force of this Schedule that have not been concluded must be concluded in accordance with that Act. (3) Subject to section 6(e) of this Schedule and subsection (5), for the purposes of subsection (1), the powers and duties (a) of the chair of the Discipline Committee under the Psychology Profession Act are vested in and may be exercised by the complaints director of the College of Alberta Psychologists, and any reference to the chair of the Discipline Committee in the Psychology Profession Act is deemed to be a reference to the complaints director under this Act; (b) of the Discipline Committee under the Psychology Profession Act , except under section 36, are vested in and may be exercised by a hearing tribunal of the College of Alberta Psychologists, and any reference to the Discipline Committee in the Psychology Profession Act , except in section 36, is deemed to be a reference to a hearing tribunal under this Act; (c) of the Discipline Committee under section 36 of the Psychology Profession Act are vested in and may be exercised by the complaint review committee, and any reference to the Discipline Committee in section 36 of the Psychology Profession Act is deemed to be a reference to the complaint review committee under this Act; (d) of a member of the Discipline Committee under sections 33 to 35 of the Psychology Profession Act and the Registrar under the Psychology Profession Act are vested in and may be exercised by the complaints director of the College of Alberta Psychologists, and any reference to a member of the Discipline Committee in sections 33 to 35 of the Psychology Profession Act and any reference to the Registrar in the Psychology Profession Act are deemed to be references to the complaints director under this Act; (e) of a person conducting a preliminary investigation under the Psychology Profession Act are vested in and may be exercised by an investigator appointed under this Act, and any reference to a person conducting a preliminary investigation in the Psychology Profession Act is deemed to be a reference to an investigator under this Act; (f) of the president under the Psychology Profession Act are vested in and may be exercised by the president of the College of Alberta Psychologists under this Act, and any reference to the president in the Psychology Profession Act is deemed to be a reference to the president under this Act; (g) of the College of Alberta Psychologists under the Psychology Profession Act are vested in and may be exercised by the College of Alberta Psychologists under this Act, and any reference to the College in Part 6 of the Psychology Profession Act is deemed to be a reference to the college under this Act; (h) of the Council of the College of Alberta Psychologists under the Psychology Profession Act are vested in and may be exercised by the council of the College of Alberta Psychologists under this Act, and any reference to the Council in Part 6 of the Psychology Profession Act is deemed to be a reference to the council under this Act. (4) For the purposes of subsection (1), a reference to registration in the Psychology Profession Act is deemed to be a reference to registration and a practice permit under this Act. (5) If on the coming into force of this Schedule the Council under the Psychology Profession Act has commenced but not concluded hearing an appeal, the members of the Council continue as the Council for the purposes of hearing the appeal until it is concluded, as if this Schedule and Part 4 had not come into force and the former Act had not been repealed. (6) Any decision and order made by the Discipline Committee, the Council, a hearing tribunal or the council pursuant to this section is deemed to be a decision and order of a hearing tribunal or the council under this Act. RSA 2000 cH‑7 Sched. 22 s9;2005 c13 s4(15) (NOTE: Schedule 22 proclaimed in force January 15, 2006.) Schedule 23 Profession of Registered Dietitians and Registered Nutritionists Continuation of corporation 1 On the coming into force of this Schedule, the corporation known as the College of Dietitians of Alberta is continued as a corporation under the same name. 1999 cH‑5.5 Sched. 23 s1;1999 c32 s8 Use of titles, etc. 2 A regulated member of the College of Dietitians of Alberta may, as authorized by the regulations, use any of the following titles, abbreviations and initials: (a) registered dietitian; (b) dietitian; (b.1) provisional dietitian; (b.2) dietetic intern; (b.3) nutritionist; (c) registered nutritionist; (d) repealed 2001 c21 s45; (e) R.D. RSA 2000 cH‑7 Sched. 23 s2;2001 c21 s45; 2016 c9 s21 Practice 3 In their practice, registered dietitians and registered nutritionists do one or more of the following: (a) assess nutritional status and develop, implement and evaluate food and nutrition strategies and interventions to promote health and treat illness, (b) apply food and nutrition principles to the management of food service systems and to the development and analysis of food and food products, (c) promote optimal health, food security and food safety through the development and delivery of food and nutrition education, programs and policies, (c.1) teach, manage and conduct research in the science, techniques and practice of dietetics, and (d) provide restricted activities authorized by the regulations. RSA 2000 Sched. 23 s3;2008 c34 s33 Fines 4 Column 2 of the unprofessional conduct fines table applies to proceedings of the College of Dietitians of Alberta under Part 4. Transitional 5 On the coming into force of this Schedule, (a) the members of the Board of Directors of the College of Dietitians of Alberta under the Registered Dietitians Act continue as members of the council of the College of Dietitians of Alberta under this Act for the same terms of office unless their terms are terminated earlier under this Act; (b) the Registrar of the College of Dietitians of Alberta under the Registered Dietitians Act continues as the registrar of the College of Dietitians of Alberta under this Act for the same term of office unless the term is terminated earlier under this Act; (c) the president of the College of Dietitians of Alberta under the Registered Dietitians Act continues as the president of the College of Dietitians of Alberta under this Act for the same term of office unless the term is terminated earlier under this Act; (d) the members of the Practice Review Committee of the College of Dietitians of Alberta under the Registered Dietitians Act continue as members of the competence committee under this Act for the same terms of office unless their terms are terminated earlier under this Act; (e) the members of the Registration Committee of the College of Dietitians of Alberta under the Registered Dietitians Act continue as members of the registration committee under this Act for the same terms of office unless their terms are terminated earlier under this Act; (f) if a notice is served on an investigated person under section 29 of the Registered Dietitians Act and a hearing has commenced but not concluded, the members of the Discipline Committee under the Registered Dietitians Act continue as members of the Discipline Committee for the purposes of the hearing until it is concluded, as if this Schedule and Part 4 had not come into force and the former Act had not been repealed. 1999 cH‑5.5 Sched. 23 s5;1999 c32 s8 Transitional 6 On the coming into force of this Schedule, a person who is registered as a registered dietitian and holds an annual certificate under the Registered Dietitians Act and a person who is registered as a registered dietitian (candidate) are deemed to be registered regulated members of, and to have been issued a practice permit by the registrar of, the College of Dietitians of Alberta under this Act subject to the same conditions as under the former Act until the practice permit expires or is cancelled under this Act. Transitional 7 (1) On the coming into force of this Schedule, an application for registration or for reinstatement as a registered dietitian or for an annual certificate made under the Registered Dietitians Act that has not been concluded must be concluded in accordance with that Act. (2) For the purposes of subsection (1), the powers and duties (a) of the Registrar under the Registered Dietitians Act are vested in and may be exercised by the registrar of the College of Dietitians of Alberta under this Act, and any reference to the Registrar in the Registered Dietitians Act is deemed to be a reference to the registrar under this Act; (b) of the Registration Committee under the Registered Dietitians Act are vested in and may be exercised by the registration committee of the College of Dietitians of Alberta under this Act, and any reference to the Registration Committee in the Registered Dietitians Act or the regulations under that Act is deemed to be a reference to the registration committee under this Act; (c) of the Board of Directors under the Registered Dietitians Act are vested in and may be exercised by the council of the College of Dietitians of Alberta under this Act, and any reference to the Board of Directors in the Registered Dietitians Act is deemed to be a reference to the council under this Act; (d) of the Universities Co‑ordinating Council under the regulations under the Registered Dietitians Act are vested in and may be exercised by the registrar or registration committee of the College of Dietitians of Alberta under this Act, and any reference to the Universities Co‑ordinating Council in the regulations under the Registered Dietitians Act is deemed to be a reference to the registrar or registration committee under this Act. (3) A person who is registered, reinstated or issued an annual certificate under this section is deemed to be registered as a regulated member of, and to have been issued a practice permit by the registrar of, the College of Dietitians of Alberta under this Act subject to the same conditions until the practice permit expires or is cancelled under this Act. Transitional 8 (1) On the coming into force of this Schedule, an inquiry by the Practice Review Committee under the Registered Dietitians Act that has not been concluded must be concluded in accordance with that Act. (2) For the purposes of subsection (1), the powers and duties (a) of the Practice Review Committee under the Registered Dietitians Act are vested in and may be exercised by the competence committee of the College of Dietitians of Alberta, and any reference to the Practice Review Committee in the Registered Dietitians Act is deemed to be a reference to the competence committee under this Act; (b) of the Discipline Committee under the Registered Dietitians Act are vested in and may be exercised by the complaints director of the College of Dietitians of Alberta, and any reference to the Discipline Committee in the Registered Dietitians Act is deemed to be a reference to the complaints director under this Act; (c) of the Board of Directors of the College of Dietitians of Alberta under the Registered Dietitians Act are vested in and may be exercised by the council of the College of Dietitians of Alberta, and any reference to the Board of Directors in the Registered Dietitians Act is deemed to be a reference to the council under this Act. 1999 cH‑5.5 Sched. 23 s8;1999 c32 s8 Transitional 9 (1) Any complaint made on or after the coming into force of this Schedule that relates to conduct occurring all or partly before the coming into force of this Schedule must be dealt with under this Act. (2) On the coming into force of this Schedule, any proceedings, with respect to a complaint made before the coming into force of this Schedule under the Registered Dietitians Act that have not been concluded must be concluded in accordance with that Act. (3) Subject to section 5(f) of this Schedule and subsection (5), for the purposes of subsection (2), the powers and duties (a) of the Registrar of the College of Dietitians of Alberta under the Registered Dietitians Act , except under sections 29 and 35, are vested in and may be exercised by the complaints director of the College of Dietitians of Alberta, and any reference to the Registrar in the Registered Dietitians Act , except in sections 29 and 35, is deemed to be a reference to the complaints director under this Act; (b) of the Registrar under sections 29 and 35 of the Registered Dietitians Act are vested in and may be exercised by the hearings director of the College of Dietitians of Alberta, and any reference to the Registrar in section 29 or 35 of the Registered Dietitians Act is deemed to be a reference to the hearings director under this Act; (c) of the chair of the Discipline Committee under the Registered Dietitians Act , except under section 30, are vested in and may be exercised by the complaints director of the College of Dietitians of Alberta, and any reference to the chair of the Discipline Committee in the Registered Dietitians Act , except in section 30, is deemed to be a reference to the complaints director under this Act; (d) of the chair of the Discipline Committee under section 30 of the Registered Dietitians Act are vested in and may be exercised by the president of the College of Dietitians of Alberta, and any reference to the chair of the Discipline Committee in section 30 of the Registered Dietitians Act is deemed to be a reference to the president under this Act; (e) of the Board of Directors under the Registered Dietitians Act , except under section 28, are vested in and may be exercised by the council of the College of Dietitians of Alberta, and any reference to the Board of Directors in the Registered Dietitians Act , except in section 28, is deemed to be a reference to the council under this Act; (f) of the Board of Directors under section 28 of the Registered Dietitians Act are vested in and may be exercised by the complaint review committee of the College of Dietitians of Alberta, and any reference to the Board of Directors in section 28 of the Registered Dietitians Act is deemed to be a reference to the complaint review committee under this Act; (g) of the Discipline Committee under the Registered Dietitians Act are vested in and may be exercised by a hearing tribunal of the College of Dietitians of Alberta, and any reference to the Discipline Committee in the Registered Dietitians Act is deemed to be a reference to the hearing tribunal under this Act; (h) of the College of Dietitians of Alberta under the Registered Dietitians Act , except under sections 31, 34(3) and 41(2), are vested in and may be exercised by the council of the College of Dietitians of Alberta, and any reference to the College in the Registered Dietitians Act , except in sections 31, 34(3) and 41(2), is deemed to be a reference to the council under this Act; (i) of the College of Dietitians of Alberta under section 34(3) of the Registered Dietitians Act are vested in and may be exercised by the hearings director of the College of Dietitians of Alberta, and any reference to the College in section 34(3) of the Registered Dietitians Act is deemed to be a reference to the hearings director under this Act; (j) of the College of Dietitians of Alberta under sections 31 and 41(2) of the Registered Dietitians Act are vested in and may be exercised by the complaints director of the College of Dietitians of Alberta, and any reference to the College of Dietitians of Alberta in section 31 or 41(2) of the Registered Dietitians Act is deemed to be a reference to the complaints director under this Act. (4) For the purpose of subsection (2), a reference in Part 5 or 6 of the Registered Dietitians Act to a certificate of registration and annual certificate is deemed to be a reference to registration and a practice permit under this Act. (5) If on the coming into force of this Schedule the Board of Directors under the Registered Dietitians Act has commenced but not concluded a hearing, the members of the Board of Directors continue as the Board of Directors for the purposes of the hearing until it is concluded, as if this Schedule and Part 4 had not come into force and the former Act had not been repealed. (6) Any decision and order made by the Discipline Committee, a hearing tribunal, a Board of Directors or a council pursuant to this section is deemed to be a decision and order of a hearing tribunal or the council under this Act. 1999 cH‑5.5 Sched. 23 s9;1999 c32 s8 (NOTE: Schedule 23 proclaimed in force May 1, 2002.) Schedule 24 Profession of Registered Nurses Continuation of corporation 1 The corporation known as College and Association of Registered Nurses of Alberta is continued as a corporation under the name College of Registered Nurses of Alberta. RSA 2000 cH‑7 Sched. 24 s1;2003 c39 s12;2023 c9 s12 Use of titles, etc. 2 A regulated member of the College of Registered Nurses of Alberta may, as authorized by the regulations, use any of the following titles and initials: (a) registered nurse; (b) certified graduate nurse; (b.1) nurse practitioner; (c), (d) repealed 2001 c21 s46; (d.1) graduate nurse; (d.2) graduate nurse practitioner; (e) RN; (f) CGN; (g) NP; (h) GN; (i) GNP. RSA 2000 cH‑7 Sched. 24 s2;2001 c21 s46;2002 c30 s12; 2003 c39 s12;2005 c13 s4(16);2009 c46 s7;2023 c9 s12 Practice 3 In their practice, registered nurses do one or more of the following: (a) based on an ethic of caring and the goals and circumstances of those receiving nursing services, registered nurses apply nursing knowledge, skill and judgment to (i) assist individuals, families, groups and communities to achieve their optimal physical, emotional, mental and spiritual health and well‑being, (ii) assess, diagnose and provide treatment and interventions and make referrals, (iii) prevent or treat injury and illness, (iv) teach, counsel and advocate to enhance health and well‑being, (v) co‑ordinate, supervise, monitor and evaluate the provision of health services, (vi) teach nursing theory and practice, (vii) manage, administer and allocate resources related to health services, and (viii) engage in research related to health and the practice of nursing, and (b) provide restricted activities authorized by the regulations. Fines 4 Column 2 of the unprofessional conduct fines table applies to proceedings of the College of Registered Nurses of Alberta under Part 4. RSA 2000 cH‑7 Sched. 24 s4;2003 c39 s12;2023 c9 s12 Transitional 5 On the coming into force of this Schedule, (a) the members of the Council of the Alberta Association of Registered Nurses continue as members of the council of the College and Association of Registered Nurses of Alberta under this Act for the same terms of office unless their terms are terminated earlier under this Act; (b) the Registrar of the Alberta Association of Registered Nurses continues as the registrar of the College and Association of Registered Nurses of Alberta under this Act; (c) the President of the Alberta Association of Registered Nurses continues as the president of the College and Association of Registered Nurses of Alberta under this Act for the same term of office unless the term is terminated earlier under this Act; (d) if the Professional Conduct Committee has commenced a hearing but has not made its decision, the Professional Conduct Committee and its members are continued until a written decision is made in accordance with the Nursing Profession Act as if this Schedule and Part 4 had not come into force and the Nursing Profession Act had not been repealed. RSA 2000 cH‑7 Sched. 24 s5;2003 c39 s12 Transitional 5.1 On the coming into force of this section, (a) the members of the council of the College and Association of Registered Nurses of Alberta continue as members of the council of the College of Registered Nurses of Alberta for the same terms of office unless their terms are terminated earlier under this Act; (b) the registrar of the College and Association of Registered Nurses of Alberta continues as the registrar of the College of Registered Nurses of Alberta for the same term of office unless the term is terminated earlier under this Act; (c) the president of the College and Association of Registered Nurses of Alberta continues as the president of the College of Registered Nurses of Alberta for the same term of office unless the term is terminated earlier under this Act; (d) the members of the competence committee of the College and Association of Registered Nurses of Alberta continue as members of the competence committee of the College of Registered Nurses of Alberta for the same terms of office unless their terms are terminated earlier under this Act; (e) the members of the registration committee of the College and Association of Registered Nurses of Alberta continue as members of the registration committee of the College of Registered Nurses of Alberta for the same terms of office unless their terms are terminated earlier under this Act. 2023 c9 s12 Transitional 6 (1) On the coming into force of this Schedule, a person who is registered on the Register of Registered Nurses and who holds an annual certificate is deemed to be a regulated member registered on the Register of Registered Nurses whose annual certificate is deemed to be a practice permit under this Act. (2) On the coming into force of this Schedule, a person who holds a special permit or temporary permit under the former Act is deemed to be a regulated member under this Act, whose special permit or temporary permit is deemed to be a practice permit under this Act subject to the same conditions as under the Nursing Profession Act . Transitional 6.1 On the coming into force of this section, a person who is registered as a regulated member of, and has been issued a practice permit by the registrar of, the College and Association of Registered Nurses of Alberta is deemed to be registered as a regulated member of, and to have been issued a practice permit by the registrar of, the College of Registered Nurses of Alberta subject to the same conditions as under the original registration until the practice permit expires or is cancelled under this Act. 2023 c9 s12 Transitional 7 (1) On the coming into force of this Schedule, an application for registration under the Nursing Profession Act that has not been concluded must be concluded in accordance with this Act and subject to the requirements for qualification that applied when the application was made. (2) On the coming into force of this Schedule, an application for a special permit or for a temporary permit that has not been concluded under the Nursing Profession Act must be concluded in accordance with this Act and subject to the requirements for qualification that applied when the application was made. (3) On the coming into force of this Schedule, an application for an annual permit under section 46 of the Nursing Profession Act that has not been concluded must be concluded in accordance with this Act and subject to the requirements for qualification that applied when the application was made. (4) On the coming into force of this Schedule, an application for reinstatement of registration or an annual certificate under the Nursing Profession Act that has not been concluded must be concluded in accordance with this Act and the requirements to qualify for reinstatement that existed when the application was made apply to the application. Transitional 8 (1) Any complaint made on or after the coming into force of this Schedule that relates to conduct occurring all or partly before the coming into force of this Schedule must be dealt with under this Act. (2) On the coming into force of this Schedule, any proceedings with respect to a complaint made before the coming into force of this Schedule under the Nursing Profession Act that have not been concluded must be concluded in accordance with that Act. (3) Subject to section 5(d) of this Schedule and subsection (5), for the purposes of subsection (2), the powers and duties (a) of the chair of the Professional Conduct Committee under the Nursing Profession Act , except under section 65, are vested in and may be exercised by the chair of the complaint review committee of the College and Association of Registered Nurses of Alberta, and any reference to the chair of the Professional Conduct Committee in the Nursing Profession Act , except in section 65, is deemed to be a reference to the chair of the complaint review committee under this Act; (b) of an investigator under the Nursing Profession Act are vested in and may be exercised by an investigator appointed under this Act, and any reference to an investigator in the Nursing Profession Act is deemed to be a reference to an investigator under this Act; (c) of the Professional Conduct Committee under section 64 of the Nursing Profession Act are vested in and may be exercised by the complaint review committee of the College and Association of Registered Nurses of Alberta, and any reference to the Professional Conduct Committee in section 64 of the Nursing Profession Act is deemed to be a reference to the complaint review committee under this Act; (d) of the Executive Director under the Nursing Profession Act , except under section 67(3), are vested in and may be exercised by the complaints director of the College and Association of Registered Nurses of Alberta under this Act, and any reference to the Executive Director in the Nursing Profession Act , except in section 67(3), is deemed to be a reference to the complaints director under this Act; (e) of the Executive Director under section 67(3) of the Nursing Profession Act are vested in and may be exercised by the hearings director of the College and Association of Registered Nurses of Alberta, and any reference to the Executive Director in section 67(3) of the Nursing Profession Act is deemed to be a reference to the hearings director under this Act; (f) of a mediator under the Nursing Profession Act are vested in and may be exercised by a person authorized to conduct an alternative complaint resolution process under this Act, and any reference to a mediator in the Nursing Profession Act is deemed to be a reference to the person authorized to conduct an alternative complaint resolution process under this Act; (g) of the Professional Conduct Committee under the Nursing Profession Act , except under section 64, are vested in and may be exercised by a hearing tribunal of the College and Association of Registered Nurses of Alberta under this Act, and any reference to the Professional Conduct Committee in the Nursing Profession Act , except in section 64, is deemed to be a reference to a hearing tribunal under this Act; (h) of the chair of the Professional Conduct Committee under section 65 of the Nursing Profession Act are vested in and may be exercised by a person or committee designated by the council of the College and Association of Registered Nurses of Alberta, and any reference to the chair of the Professional Conduct Committee in section 65 of the Nursing Profession Act is deemed to be a reference to the person or committee designated by the council under this Act;
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Health Professions Act — segment 13
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Health Professions Act — segment 13
This segment continues and defines several nursing-related bodies, gives the Trust and its Board powers to manage, make bylaws, and administer funds, and carries forward some transitional rules for appeals, records, and practice permits.
(i) of the Appeals Committee under the Nursing Profession Act are vested in and may be exercised by a panel of the council of the College and Association of Registered Nurses of Alberta, and any reference to the Appeals Committee in the Nursing Profession Act is deemed to be a reference to the panel of the council under this Act. (4) For the purposes of subsection (2), a reference to registration or permit in section 76 of the Nursing Profession Act is deemed to be a reference to registration and a practice permit under this Act. (5) If on the coming into force of this Schedule the Appeals Committee under the Nursing Profession Act has commenced hearing an appeal but not made a written decision, the Appeals Committee and its members are continued until a written decision is made in accordance with the Nursing Profession Act , as if this Schedule and Part 4 had not come into force and the Nursing Profession Act had not been repealed. (6) Any decision and order made by the Professional Conduct Committee, Appeals Committee or hearing tribunal pursuant to this section is deemed to be a decision and order of a hearing tribunal under this Act. RSA 2000 cH‑7 Sched. 24 s8;2003 c39 s12 Definitions 9 In sections 10 to 17 of this Schedule, (a) “Board” means the Board of Directors of the Trust; (b) “College” means the College of Registered Nurses of Alberta; (c) “Trust” means the Alberta Registered Nurses Educational Trust continued by this Schedule. RSA 2000 cH‑7 Sched. 24 s9;2003 c39 s12;2023 c9 s12 Continuation of Trust 10 (1) The corporation known as the “Alberta Registered Nurses Educational Trust” is continued as a corporation under the same name and is composed of those persons who are the members of the Trust. (2) A member of the Board is a member of the Trust. Powers of Trust 11 In addition to the powers that it has under section 16 of the Interpretation Act , the Trust may (a) solicit, receive and hold any gift or devise on any trusts or conditions that seem appropriate to the Board, and administer the gift or devise in accordance with those trusts or conditions; (b) invest its funds in such investments as are considered appropriate by the Board; (c) borrow money for the purposes of the Trust and mortgage or charge real or personal property of the Trust, or its sources of funds, as security; (d) guarantee the repayment of loans in accordance with the bylaws of the Trust. Objects of Trust 12 The objects of the Trust are as follows: (a) to provide grants, bursaries, scholarships and fellowships and to make loans to persons enrolled in educational institutions for the purpose of obtaining a baccalaureate, master’s or doctoral degree in a subject area in or related to nursing; (b) to provide grants and bursaries and to make loans to persons enrolled in educational, administrative or clinical educational programs in or related to nursing; (c) to do those things that the Board considers necessary to promote the advancement and application of the knowledge of nursing. Governing body of Trust 13 (1) The governing body of the Trust called the “Board of Directors” is continued and is composed of the number of persons prescribed by the bylaws of the Trust. (2) The Board must manage and conduct the business and affairs of the Trust and exercise the powers of the Trust in the name of and on behalf of the Trust. Bylaws 14 (1) The Board may make bylaws (a) establishing the head office of the Trust and governing the internal operation and management of the Trust; (b) prescribing a seal for the use of the Trust; (c) governing the number of persons on the Board and the categories of person that must be represented; (d) providing for the appointment and conditions of employment of employees of the Trust or entering into an agreement with the council for the use of employees of the College; (e) respecting the calling, quorum and conduct of meetings of the Board and the members of the Trust; (f) governing the use and management of funds and of the real and personal property of the Trust; (g) governing the purposes for which loans, grants, bursaries, scholarships, fellowships or guarantees of loans may be granted; (h) prescribing applications for and conditions that may be attached to loans, grants, bursaries, scholarships, fellowships or guarantees of loans; (i) providing for the appointment of committees of the Board and delegating any power or duty of the Board to a person or committee, subject to any prescribed conditions; (j) respecting the honoraria and travelling and living expenses of directors or members of committees and employees of the Trust; (k) governing the appointment of patrons of the Trust and establishing categories of membership in the Trust and the fees, duties and privileges attached to each category and the manner in which membership may be terminated; (l) establishing and operating one or more funds for the purpose of carrying out the objects of the Trust. (2) A bylaw under subsection (1) does not come into force until it is approved by the council of the College. (3) The Regulations Act does not apply to the bylaws of the Trust. Fiscal matters 15 (1) The accounts of the Trust must be audited annually by a professional accounting firm registered under the Chartered Professional Accountants Act and authorized to perform an audit engagement that is appointed by the Board for the purposes of auditing the accounts of the Trust. (2) The fiscal year of the Trust is the calendar year unless the Board, by bylaw, establishes another period as the fiscal year. RSA 2000 cH‑7 Sched. 24 s15;2014 cC‑10.2 s177 Winding up 16 (1) The Trust shall not be voluntarily wound up unless a special resolution to do so is passed by the members of the Trust. (2) In the event that the Trust is wound up, the liquidator must transfer the remaining property of the Trust to the College to be used for the same or similar objects for which the Trust would have used the property if it had not been wound up. Transitional 17 On the coming into force of this Schedule, in accordance with section 32 of the Interpretation Act , the bylaws of the Board continue under this Act. (NOTE: Schedule 24 proclaimed in force November 30, 2005.) Schedule 25 Profession of Registered Psychiatric Nurses College and records 1 (1) On the coming into force of this Schedule, the corporation known as the Registered Psychiatric Nurses Association of Alberta is continued as a corporation under the name College of Registered Psychiatric Nurses of Alberta. (2) On the coming into force of this Schedule, the College of Registered Psychiatric Nurses of Alberta has the ownership, custody and control of records of the Health Disciplines Board respecting the following: (a) current and former complaints and allegations of professional misconduct or incompetence made against registered members of the designated health disciplines of Psychiatric Nurses and Mental Deficiency Nurses under the Health Disciplines Act and proceedings taken under the Health Disciplines Act in respect of those complaints and allegations, (b) current and former applications for registration as registered members in the designated health disciplines of Psychiatric Nurses and Mental Deficiency Nurses under the Health Disciplines Act and the educational qualifications of applicants for registration in the designated health disciplines of Psychiatric Nurses and Mental Deficiency Nurses, (c) registered members and former registered members in the designated health disciplines of Psychiatric Nurses and Mental Deficiency Nurses under the Health Disciplines Act and any registers or other material relating to registration and conditions, restrictions or limitations on registration, (d) decisions and orders made with respect to registered members or former registered members in the designated health disciplines of Psychiatric Nurses and Mental Deficiency Nurses under the Health Disciplines Act , and (e) records and information referred to in section 61 of the Health Disciplines Act relating to the designated health disciplines of Psychiatric Nurses and Mental Deficiency Nurses under the Health Disciplines Act . (3) Despite section 35(b) of the Freedom of Information and Protection of Privacy Act , on the coming into force of this Schedule the College of Registered Psychiatric Nurses of Alberta has the ownership, custody and control of records described in subsection (2), and the records must be given to the College of Registered Psychiatric Nurses of Alberta. (4) The Minister may request and collect information and records described in subsection (2) from the College of Registered Psychiatric Nurses of Alberta for purposes directly related to or necessary for any proceeding, including an appeal described in section 8(5) of this Schedule, and preparation for a proceeding, with respect to an action or claim, or with respect to the negotiation or settlement of an action or claim before it is before a Court or while it is before a Court, and the Minister may disclose the information or records collected, as the Minister considers appropriate, in carrying out those purposes. Use of titles, etc. 2 A regulated member of the College of Registered Psychiatric Nurses of Alberta may, as authorized by the regulations, use any of the following titles, abbreviations and initials: (a) registered psychiatric nurse; (b) psychiatric nurse; (c), (d) repealed 2016 c9 s22; (e) repealed 2001 c21 s47; (f) RPN; (g) PN; (h) repealed 2001 c21 s47; (i), (j) repealed 2016 c9 s22. RSA 2000 cH‑7 Sched. 25 s2;2001 c21 s47; 2005 c13 s4(17);2016 c9 s22 Practice 3 (1) In their practice, psychiatric nurses apply nursing knowledge and skills and judgment and do one or more of the following: (a) work with individuals of all ages, families, groups and communities, (b) assess and help address physical, mental, emotional and spiritual health needs, (c) develop diagnoses and plan, implement and evaluate nursing care and make referrals, (c.1) teach, counsel and advocate to enhance health and well‑being, (c.2) co‑ordinate, supervise, monitor and evaluate the provision of health services, (c.3) teach nursing theory and practice, (c.4) manage, administer and allocate resources related to health services, (c.5) engage in research related to health and the practice of nursing, and (d) provide restricted activities authorized by the regulations. (2) Repealed 2016 c9 s22. RSA 2000 cH‑7 Sched. 25 s3;2003 c39 s13;2016 c9 s22 Fines 4 Column 1 of the unprofessional conduct fines table applies to proceedings of the College of Registered Psychiatric Nurses of Alberta under Part 4. 5 to 8 Repealed 2016 c9 s22. (NOTE: Schedule 25 proclaimed in force November 25, 2005.) Schedule 26 Profession of Respiratory Therapists Continuation of corporation 1 The corporation known as College and Association of Respiratory Therapists of Alberta is continued as a corporation under the name College of Respiratory Therapists of Alberta. RSA 2000 cH‑7 Sched. 26 s1;2006 c19 s2(21);2023 c9 s12 Transitional 1.1 (1) On the coming into force of this Schedule, the College and Association of Respiratory Therapists of Alberta has the ownership, custody and control of records of the Health Disciplines Board respecting the following: (a) current and former complaints and allegations of professional misconduct or incompetence made against registered members of the designated health discipline of Respiratory Therapists under the Health Disciplines Act and proceedings taken under the Health Disciplines Act in respect of those complaints and allegations; (b) current and former applications for registration as registered members in the designated health discipline of Respiratory Therapists under the Health Disciplines Act and the educational qualifications of applicants for registration in the designated health discipline of Respiratory Therapists; (c) registered members and former registered members in the designated health discipline of Respiratory Therapists under the Health Disciplines Act and any registers or other material relating to registration and conditions, restrictions or limitations on registration; (d) decisions and orders made with respect to registered members or former registered members in the designated health discipline of Respiratory Therapists under the Health Disciplines Act ; (e) records and information referred to in section 61 of the Health Disciplines Act relating to the designated health discipline of Respiratory Therapists under the Health Disciplines Act . (2) Despite section 35(b) of the Freedom of Information and Protection of Privacy Act , on the coming into force of this Schedule the College and Association of Respiratory Therapists of Alberta has the ownership, custody and control of records described in subsection (1), and the records must be given to the College and Association of Respiratory Therapists of Alberta. (3) The Minister may request and collect information and records described in subsection (1) from the College and Association of Respiratory Therapists of Alberta for purposes directly related to or necessary for any proceeding, including an appeal described in section 8(5) of this Schedule and preparation for a proceeding, with respect to an action or claim, or with respect to the negotiation or settlement of an action or claim before it is before a Court or while it is before a Court, and the Minister may disclose the information or records collected, as the Minister considers appropriate, in carrying out those purposes. 2023 c9 s12 Use of titles, etc. 2 A regulated member of the College of Respiratory Therapists of Alberta may, in accordance with the regulations, use any of the following titles, abbreviations and initials: (a) registered respiratory technologist; (b) registered respiratory therapist; (b.1) respiratory therapist; (b.2) respiratory care practitioner; (b.3) respiratory care practitioner in anesthesia; (c) respiratory technologist; (c.1) provisional respiratory therapist; (d) R.R.T. RSA 2000 cH‑7 Sched. 26 s2;2005 c13 s4(18); 2006 c19 s2(21);2008 c34 s34;2023 c9 s12 Practice 3 In their practice, respiratory therapists do one or more of the following: (a) provide basic and advanced cardio‑respiratory support services to assist in the diagnosis, treatment and care of persons with cardio‑respiratory and related disorders, (a.1) teach, manage and conduct research in the science, techniques and practice of respiratory therapy, and (b) provide restricted activities authorized by the regulations. RSA 2000 cH‑7 Sched. 26 s3;2008 c34 s34 Fines 4 Column 2 of the unprofessional conduct fines table applies to proceedings of the College of Respiratory Therapists of Alberta under Part 4. RSA 2000 cH‑7 Sched. 26 s4;2006 c19 s2(21);2023 c9 s12 Transitional 5 On the coming into force of this Schedule, (a) the members of the executive of the Alberta College and Association of Respiratory Therapy under the Health Disciplines Act continue as members of the council of the College and Association of Respiratory Therapists of Alberta under this Act for the same terms of office unless their terms are terminated earlier under this Act; (b) the registrar of the Alberta College and Association of Respiratory Therapy under the Health Disciplines Act continues as the registrar of the College and Association of Respiratory Therapists of Alberta under this Act for the same term of office unless the term is terminated earlier under this Act; (c) the president of the Alberta College and Association of Respiratory Therapy under the Health Disciplines Act continues as the president of the College and Association of Respiratory Therapists of Alberta under this Act for the same term of office unless the term is terminated earlier under this Act; (d) if a referral has been made under section 30 of the Health Disciplines Act or a determination has been made under section 31 of the Health Disciplines Act that a hearing should be held and a hearing has commenced but not concluded, the members of the committee, as defined in section 27 of the Health Disciplines Act , continue as members of that committee for the purposes of the hearing until it is concluded, as if this Schedule and Part 4 had not come into force and the former Act had not been repealed with respect to the designated discipline of Respiratory Therapists; (e) the members of a committee, as defined in section 20 of the Health Disciplines Act , of the Alberta College and Association of Respiratory Therapy continue as members of the registration committee of the College and Association of Respiratory Therapists of Alberta under this Act for the same terms of office unless their terms are terminated earlier under this Act. RSA 2000 cH‑7 Sched. 26 s5;2006 c19 s2(21) Transitional 5.1 On the coming into force of this section, (a) the members of the council of the College and Association of Respiratory Therapists of Alberta continue as members of the council of the College of Respiratory Therapists of Alberta for the same terms of office unless their terms are terminated earlier under this Act; (b) the registrar of the College and Association of Respiratory Therapists of Alberta continues as the registrar of the College of Respiratory Therapists of Alberta for the same term of office unless the term is terminated earlier under this Act; (c) the president of the College and Association of Respiratory Therapists of Alberta continues as the president of the College of Respiratory Therapists of Alberta for the same term of office unless the term is terminated earlier under this Act; (d) the members of the registration committee of the College and Association of Respiratory Therapists of Alberta continue as the members of the registration committee of the College of Respiratory Therapists of Alberta for the same terms of office unless their terms are terminated earlier under this Act. 2023 c9 s12 Transitional 6 On the coming into force of this Schedule, a person who is registered or temporarily registered as a member of the designated health discipline of Respiratory Therapists under the Health Disciplines Act is deemed to be registered as a regulated member of, and to have been issued a practice permit by the registrar of, the College and Association of Respiratory Therapists of Alberta under this Act subject to the same conditions as under the former Act until the practice permit expires or is cancelled under this Act. RSA 2000 cH‑7 Sched. 26 s6;2006 c19 s2(22) Transitional 6.1 On the coming into force of this section, a person who is registered as a regulated member of, and has been issued a practice permit by the registrar of, the College and Association of Respiratory Therapists of Alberta is deemed to be registered as a regulated member of, and to have been issued a practice permit by the registrar of, the College of Respiratory Therapists of Alberta subject to the same conditions as under the original registration until the practice permit expires or is cancelled under this Act. 2023 c9 s12 Transitional 7 (1) On the coming into force of this Schedule, an application for registration, temporary registration or renewal of registration as a member of the designated health discipline of Respiratory Therapists under the Health Disciplines Act that has not been concluded must be concluded in accordance with that Act. (2) For the purposes of subsection (1), the powers and duties (a) of the Registrar of the Alberta College and Association of Respiratory Therapy under the Health Disciplines Act are vested in and may be exercised by the registrar of the College and Association of Respiratory Therapists of Alberta under this Act, and any reference to the registrar in the Health Disciplines Act is deemed to be a reference to the registrar under this Act; (b) of the Registration Committee of the Alberta College and Association of Respiratory Therapy under the Health Disciplines Act are vested in and may be exercised by the registration committee of the College and Association of Respiratory Therapists of Alberta under this Act, and any reference to a committee in the Health Disciplines Act is deemed to be a reference to the registration committee under this Act; (c) of the Health Disciplines Board to review a decision of the Registration Committee of the Alberta College and Association of Respiratory Therapy under the Health Disciplines Act are vested in and may be exercised by the council of the College and Association of Respiratory Therapists of Alberta, and any reference to the Health Disciplines Board in the Health Disciplines Act is deemed to be a reference to the council under this Act; (d) of the Director of Health Disciplines under the Health Disciplines Act are vested in and may be exercised by the registrar of the College and Association of Respiratory Therapists of Alberta under this Act, and any reference to the Director of Health Disciplines in the Health Disciplines Act is deemed to be a reference to the registrar under this Act. (3) On the coming into force of this Schedule, a program of study, examination and refresher program approved by the Health Disciplines Board under the Respiratory Therapists Regulation (AR 328/85) continue as an approved program of study, examination and refresher program for the purposes of subsection (1). (4) For the purposes of subsection (1), a reference to a form in section 24(1) of the Health Disciplines Act is deemed to be a reference to a form provided for by the bylaws. (5) A person who is registered or whose registration is renewed under this section is deemed to be registered as a regulated member of, and to have been issued a practice permit by the registrar of, the College and Association of Respiratory Therapists of Alberta under this Act subject to the same conditions until the practice permit expires or is cancelled under this Act. RSA 2000 cH‑7 Sched. 26 s7;2006 c19 s2(21) Transitional 8 (1) Any complaint made on or after the coming into force of this Schedule that relates to conduct occurring all or partly before the coming into force of this Schedule must be dealt with under this Act. (2) On the coming into force of this Schedule, any proceedings with respect to a complaint made under the Health Disciplines Act or with respect to a preliminary investigation commenced under section 29(2) of the Health Disciplines Act , before the coming into force of this Schedule, with respect to the designated health discipline of Respiratory Therapists under the Health Disciplines Act that have not been concluded must be concluded in accordance with that Act. (3) Subject to section 5(d) of this Schedule and subsection (5), for the purposes of subsection (2), the powers and duties (a) of the registrar under the Health Disciplines Act , except under section 32(1), are vested in and may be exercised by the complaints director of the College and Association of Respiratory Therapists of Alberta under this Act, and any reference to the registrar in the Health Disciplines Act , except in section 32(1), is deemed to be a reference to the complaints director under this Act; (b) of the chair of a committee under Part 4 of the Health Disciplines Act are vested in and may be exercised by the complaints director of the College and Association of Respiratory Therapists of Alberta under this Act, and any reference to the chair in Part 4 of the Health Disciplines Act is deemed to be a reference to the complaints director under this Act; (c) of the registrar under section 32(1) of the Health Disciplines Act are vested in and may be exercised by the president of the College and Association of Respiratory Therapists of Alberta under this Act, and any reference to the registrar in section 32(1) of the Health Disciplines Act is deemed to be a reference to the president under this Act; (d) of the committee under section 31 of the Health Disciplines Act are vested in and may be exercised by the complaint review committee of the College and Association of Respiratory Therapists of Alberta under this Act, and any reference to the committee in section 31 of the Health Disciplines Act is deemed to be a reference to the complaint review committee under this Act; (e) of the committee under Part 4 of the Health Disciplines Act , except under section 31, are vested in and may be exercised by a hearing tribunal of the College and Association of Respiratory Therapists of Alberta under this Act, and any reference to the committee in Part 4 of the Health Disciplines Act , except in section 31, is deemed to be a reference to the hearing tribunal under this Act; (f) of the Health Disciplines Board under the Health Disciplines Act are vested in and may be exercised by the council of the College and Association of Respiratory Therapists of Alberta, and any reference to the Health Disciplines Board in the Health Disciplines Act is deemed to be a reference to the council under this Act; (g) of the Director of Health Disciplines under the Health Disciplines Act , except under sections 17(8) and 29(2), are vested in and may be exercised by the hearings director of the College and Association of Respiratory Therapists of Alberta under this Act, and any reference to the Director in the Health Disciplines Act , except in sections 17(8) and 29(2), is deemed to be a reference to the hearings director under this Act; (h) of the governing body of the association under Part 5 of the Health Disciplines Act are vested in and may be exercised by the council of the College and Association of Respiratory Therapists of Alberta under this Act, and any reference to the governing body of the association in Part 5 of the Health Disciplines Act is deemed to be a reference to the council under this Act; (i) of the Director of Health Disciplines under section 29(2) of the Health Disciplines Act are vested in and may be exercised by the complaints director of the College and Association of Respiratory Therapists of Alberta, and any reference to the Director in section 29(2) of the Health Disciplines Act is deemed to be a reference to the complaints director under this Act. (4) For the purposes of subsection (2), a reference to registration in the Health Disciplines Act is deemed to be a reference to registration and a practice permit under the Health Professions Act . (5) If on the coming into force of this Schedule the Health Disciplines Board has commenced but not concluded hearing an appeal, the members of the Board continue as the Board for the purposes of hearing the appeal until it is concluded, as if this Schedule and Part 4 had not come into force and the former Act had not been repealed with respect to the designated health discipline of Respiratory Therapists. (6) Any decision and order made by the committee as defined in Part 4 of the Health Disciplines Act , the Health Disciplines Board, a hearing tribunal or council pursuant to this section is deemed to be a decision and order of a hearing tribunal or the council under this Act. RSA 2000 cH‑7 Sched. 26 s8;2006 c19 s2(21) (NOTE: Schedule 26 proclaimed in force May 27, 2009.) Schedule 27 Profession of Social Workers Continuation of corporation 1 On the coming into force of this Schedule, the corporation known as the Alberta College of Social Workers is continued as a corporation under the same name. 1999 cH‑5.5 Sched. 27 s1;2000 c15 s4(22) Use of titles, etc. 2 A regulated member of the Alberta College of Social Workers may, in accordance with the regulations, use any of the following titles, abbreviations and initials: (a) social worker; (b) registered social worker; (c) clinical social worker; (c.1) registered clinical social worker; (c.2) R.C.S.W.; (d) S.W.; (e) R.S.W.; (f) Soc. Wkr. RSA 2000 cH‑7 Sched. 27 s2;2000 c15 s4(22);2016 c9 s23 Practice 3 In their practice, social workers do one or more of the following: (a) enhance or restore the social functioning of individuals, families, groups, organizations and communities by improving developmental, problem‑solving and coping capacities of people and systems, (b) promote effective and humane systems that provide resources, opportunities and services to people and link people to those systems, (c) contribute to the development and improvement of social policy, and (c.1) teach, manage and conduct research in the science, techniques and practice of social work, and (d) provide restricted activities authorized by the regulations. RSA 2000 c27 s3;2008 c34 s35 Fines 4 Column 2 of the unprofessional conduct fines table applies to proceedings of the Alberta College of Social Workers under Part 4. Transitional 5 On the coming into force of this Schedule, (a) the members of the Council of the Alberta College of Social Workers under the Social Work Profession Act continue as members of the council of the Alberta College of Social Workers under this Act for the same terms of office unless their terms are terminated earlier under this Act; (b) the Registrar of the Alberta College of Social Workers under the Social Work Profession Act continues as the registrar of the Alberta College of Social Workers under this Act for the same term of office unless the term is terminated earlier under this Act; (c) the president of the Alberta College of Social Workers under the Social Work Profession Act continues as the president of the Alberta College of Social Workers under this Act for the same term of office unless the term is terminated earlier under this Act; (d) the members of the Practice Review Board of the Alberta College of Social Workers under the Social Work Profession Act continue as members of the competence committee of the Alberta College of Social Workers under this Act for the same terms of office unless their terms are terminated earlier under this Act; (e) if a referral has been made under section 31(b) of the Social Work Profession Act or a determination has been made under section 33(2)(b) of the Social Work Profession Act that a hearing should be held, and the hearing has commenced but is not concluded, the members of the Discipline Committee continue as members of the Discipline Committee for the purposes of the hearing until it is concluded, as if this Schedule and Part 4 had not come into force and the former Act had not been repealed. 1999 cH‑5.5 Sched. 27 s5;2000 c14 s4(22) Transitional 6 On the coming into force of this Schedule, a person who is registered as a social worker and holds an annual certificate under the Social Work Profession Act is deemed to be registered as a regulated member of, and to have been issued a practice permit by the registrar of, the Alberta College of Social Workers under this Act subject to the same conditions as under the former Act until the practice permit expires or is cancelled under this Act. Transitional 7 (1) On the coming into force of this Schedule, an application for registration or for renewal of an annual certificate made under the Social Work Profession Act that has not been concluded must be concluded in accordance with that Act. (2) For the purposes of subsection (1), the powers and duties (a) of the Registrar of the Alberta College of Social Workers under the Social Work Profession Act are vested in and may be exercised by the registrar of the Alberta College of Social Workers under this Act, and any reference to the Registrar in the Social Work Profession Act is deemed to be a reference to the registrar under this Act; (b) of the Council of the Alberta College of Social Workers under the Social Work Profession Act are vested in and may be exercised by the council of the Alberta College of Social Workers under this Act, and any reference to the Council in the Social Work Profession Act is deemed to be a reference to the council under this Act; (c) of the Universities Co‑ordinating Council under section 11(4) of the Social Work Profession Act are vested in and may be exercised by the registration committee of the Alberta College of Social Workers under this Act, and any reference to the Universities Co‑ordinating Council in section 11(4) of the Social Work Profession Act is deemed to be a reference to the registration committee under this Act. (3) On the coming into force of this Schedule, an approved social work program under section 11 of the Social Work Profession Act continues to be an approved program for the purposes of subsection (1). (4) A person who is registered or whose annual certificate is renewed under this section is deemed to be registered as a regulated member of, and to have been issued a practice permit by the registrar of, the Alberta College of Social Workers under this Act subject to the same conditions until the practice permit expires or is cancelled under this Act. 1999 cH‑5.5 Sched. 27 s7;2000 c15 s4(22) Transitional 8 (1) On the coming into force of this Schedule, a review of a practice under Part 5 of the Social Work Profession Act that has not been concluded must be concluded in accordance with that Act. (2) For the purposes of subsection (1), the powers and duties (a) of the Practice Review Board of the Alberta College of Social Workers under the Social Work Profession Act are vested in and may be exercised by the competence committee of the Alberta College of Social Workers under this Act, and any reference to the Practice Review Board in the Social Work Profession Act is deemed to be a reference to the competence committee under this Act; (b) of the Council under the Social Work Profession Act are vested in and may be exercised by the competence committee of the Alberta College of Social Workers under this Act, and any reference to the Council in the Social Work Profession Act is deemed to be a reference to the competence committee under this Act; (c) of the Registrar under the Social Work Profession Act are vested in and may be exercised by the complaints director of the Alberta College of Social Workers under this Act, and any reference to the Registrar in the Social Work Profession Act is deemed to be a reference to the complaints director under this Act; (d) of the president under the Social Work Profession Act are vested in and may be exercised by the president of the Alberta College of Social Workers, and any reference to the president in the Social Work Profession Act is deemed to be a reference to the president under this Act; (e) of a person conducting a preliminary investigation under section 23 of the Social Work Profession Act are vested in and may be exercised by the competence committee of the Alberta College of Social Workers or a person appointed by the competence committee, and any reference to a person conducting a preliminary investigation in section 23 or 30 of the Social Work Profession Act is deemed to be a reference to the competence committee or the person appointed by the competence committee under this Act, but if a complaint is to be made under section 30(3) of the Social Work Profession Act after this Schedule comes into force, that complaint must be made under and be dealt with under this Act. 1999 cH‑5.5 Sched. 27 s8;2000 c15 s4(22) Transitional 9 (1) Any complaint made on or after the coming into force of this Schedule that relates to conduct occurring all or partly before the coming into force of this Schedule must be dealt with under this Act. (2) On the coming into force of this Schedule, any proceedings with respect to a complaint made under the Social Work Profession Act or a preliminary investigation commenced or a person appointed to commence a preliminary investigation under section 29 of the Social Work Profession Act before the coming into force of this Schedule that have not been concluded must be concluded in accordance with that Act. (3) Subject to section 5(e) of this Schedule and subsection (5), for the purposes of subsection (2), the powers and duties (a) of the chair of the Discipline Committee under the Social Work Profession Act are vested in and may be exercised by the complaints director of the Alberta College of Social Workers, and any reference to the chair of the Discipline Committee in the Social Work Profession Act is deemed to be a reference to the complaints director under this Act; (b) of the Discipline Committee under the Social Work Profession Act , except under section 33, are vested in and may be exercised by a hearing tribunal of the Alberta College of Social Workers, and any reference to the Discipline Committee in the Social Work Profession Act , except in section 33, is deemed to be a reference to the hearing tribunal under this Act; (c) of the Registrar under the Social Work Profession Act are vested in and may be exercised by the complaints director of the Alberta College of Social Workers, and any reference to the Registrar in the Social Work Profession Act is deemed to be a reference to the complaints director under this Act; (d) of the president under the Social Work Profession Act are vested in and may be exercised by the president of the Alberta College of Social Workers under this Act, and any reference to the president in the Social Work Profession Act is deemed to be a reference to the president under this Act; (e) of a member of the Discipline Committee under sections 31 and 32 of the Social Work Profession Act are vested in and may be exercised by the complaints director of the Alberta College of Social Workers, and any reference to a member of the Discipline Committee in section 31 or 32 of the Social Work Profession Act is deemed to be a reference to the complaints director under this Act; (f) of the Discipline Committee under section 33 of the Social Work Profession Act are vested in and may be exercised by the complaint review committee of the Alberta College of Social Workers under this Act, and any reference to the Discipline Committee in section 33 of the Social Work Profession Act is deemed to be a reference to the complaint review committee under this Act; (g) of the Alberta College of Social Workers under section 35 of the Social Work Profession Act are vested in and may be exercised by the Alberta College of Social Workers under this Act, and any reference to the College in section 35 of the Social Work Profession Act is deemed to be a reference to the college under this Act; (h) of a person conducting a preliminary investigation under section 30 of the Social Work Profession Act are vested in and may be exercised by an investigator appointed under this Act, and any reference to that person in the Social Work Profession Act is deemed to be a reference to an investigator under this Act; (i) of the Council under Part 6 of the Social Work Profession Act are vested in and may be exercised by the council of the Alberta College of Social Workers under this Act, and any reference to the Council in Part 6 of the Social Work Profession Act is deemed to be a reference to the council under this Act. (4) For the purposes of subsection (1), references to a certificate of registration or annual certificate in section 44 of the Social Work Profession Act are deemed to be references to a certificate of registration and practice permit under this Act. (5) If on the coming into force of this Schedule the Council under the Social Work Profession Act has commenced but not concluded hearing an appeal, the members of the Council continue as the Council for the purposes of hearing the appeal until it is concluded, as if this Schedule and Part 4 had not come into force and the former Act had not been repealed. (6) Any decision and order made by the Discipline Committee, the Council, a hearing tribunal or the council pursuant to this section is deemed to be a decision and order of a hearing tribunal or the council under this Act. 1999 cH‑5.5 Sched. 27 s9;1999 c32 s8;2000 c15 s4(22) (NOTE: Schedule 27 proclaimed in force April 1, 2003.) Schedule 28 Profession of Speech‑Language Pathologists and Audiologists Continuation of corporation 1 On the coming into force of this Schedule, the society incorporated under the Societies Act known as the Speech, Language and Hearing Association of Alberta is continued as a corporation under the name Alberta College of Speech‑Language Pathologists and Audiologists. Use of titles, etc. 2 A regulated member of the Alberta College of Speech‑Language Pathologists and Audiologists may, in accordance with the regulations, use any of the following titles, abbreviations and initials: (a) speech‑language pathologist; (b) speech therapist; (c) speech pathologist; (d) audiologist; (e)-(g) repealed 2001 c21 s48; (h) SLP; (i) R.SLP; (j) Aud; (k) R. Aud. RSA 2000 cH‑7 Sched. 28 s2;2001 c21 s48 Practice 3 (1) In their practice, speech‑language pathologists do one or more of the following: (a) assess, diagnose, rehabilitate and prevent communication and oral motor and pharyngeal dysfunctions and disorders, (b) teach, manage and conduct research in the science and practice of speech‑language pathology, and (c) provide restricted activities authorized by the regulations. (2) In their practice, audiologists do one or more of the following: (a) assess auditory and vestibular function and diagnose, rehabilitate, prevent and provide appropriate devices and treatment for auditory and vestibular dysfunction, (b) teach, manage and conduct research in the science and practice of audiology, and (c) provide restricted activities authorized by the regulations. Fines 4 Column 2 of the unprofessional conduct fines table applies to proceedings of the Alberta College of Speech‑Language Pathologists and Audiologists under Part 4. Transitional 5 On the coming into force of this Schedule, a person who is registered as a full member of the Speech, Language and Hearing Association of Alberta is deemed to be registered as a regulated member of, and to have been issued a practice permit by the registrar of, the Alberta College of Speech‑Language Pathologists and Audiologists under this Act subject to the same conditions until the practice permit expires or is cancelled under this Act. ( NOTE: Schedule 28 proclaimed in force July 1, 2002.)
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