NLR 20/18 - Dietitians Regulations under the Dietitians Act

NEWFOUNDLAND AND LABRADOR REGULATION 20/18 Dietitians Regulations under the Dietitians Act (Filed March 14, 2018) Under the authority of section 39 of the Dietitians Act , the Newfoundland and Labrador College of Dietitians, with the approval of the Minister of Health and Community Services, makes the following regulations. Dated at St. John's , March 14, 2018. Marjorie Scott Chairperson, Board of the Newfoundland and Labrador College of Dietitians Dr. John Haggie Minister of Health and Community Services REGULATIONS Analysis 1. Short title 2. Definitions 3. Requirements for registration 4. Proof 5. Expiry and renewal of registration 6. Entitlement to renewal 7. Failure to renew registration 8. Registration after expiry 9. Filing of allegation 10. Appointment of adjudication tribunal 11. Adjudication tribunal hearing date 12. Decision of adjudication tribunal 13. Alternative dispute resolution 14. Transitional Short title 1. These regulations may be cited as the Dietitians Regulations . 20/18 s1 Back to Top Definitions 2. In these regulations (a) "Act" means the Dietitians Act ; and (b) "hours of dietetics practice" means hours in the practice of dietetics approved by the college which may include hours spent in the management, administration and provision of nutrition or health services as well as hours spent teaching or conducting research in nutrition or health services. 20/18 s2 Back to Top Requirements for registration 3. (1) In addition to the requirements for an application for registration under the Act, an applicant shall provide (a) proof of identity by means of a valid photo identification card issued by the province or another government or other proof of identity satisfactory to the college; (b) a current Certificate of Conduct satisfactory to the college from the Royal Newfoundland Constabulary, Royal Canadian Mounted Police or other appropriate policing agency; (c) a current Vulnerable Sector Check satisfactory to the college from the Royal Newfoundland Constabulary, Royal Canadian Mounted Police or other appropriate policing agency; (d) a declaration stating that he or she has never been convicted of an offence under the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada) or a similar penal statute of another country, or the details of his or her conviction ; (e) a written consent for release of information in relation to the application; (f) proof of proficiency in the English language that the college considers sufficient to enable the person to practice dietetics in the province; and (g) other documentation the college considers necessary. (2) Where an applicant is currently or was previously licensed or registered to practise dietetics in another jurisdiction, he or she shall provide, in addition to the other requirements for an application for registration, a letter of good standing or other document satisfactory to the college provided directly to the college by the licensing or registration body of that jurisdiction which includes confirmation of whether (a) the applicant is or has been the subject of investigative or disciplinary proceedings in the jurisdiction and the particulars of those investigative or disciplinary proceedings; and (b) there are conditions or restrictions on the applicant's ability to practise dietetics and the particulars of those conditions or restrictions. (3) Where more than 3 years have elapsed between the submission of the application for registration and the successful completion of one or more of the requirements referred to in paragraphs 11(b), (c) or (d) of the Act, the applicant shall provide, in addition to the other requirements for an application for registration, proof in a form satisfactory to the college that within the preceding 3 years he or she completed (a) at least 500 hours of dietetics practice while he or she was a member; or (b) additional educational or other activities required by the college. 20/18 s3 Back to Top Proof 4. Proof under section 11 of the Act shall be in the following form unless otherwise directed by the college: (a) for the educational requirements referred to in subparagraphs 11(b)(i), (b)(ii) and (c)(ii), a transcript provided directly to the college by the educational institution and a copy of the degree earned; (b) for the internship requirement referred to in subparagraph 11(c)(i) and the experience requirement referred to in subparagraph 11(c)(ii), a letter or other document provided directly to the college by the person who supervised the applicant; and (c) for the registration examination requirement referred to in paragraph 11(d), a letter or other document provided directly to the college by the examination administrator. 20/18 s4 Back to Top Expiry and renewal of registration 5. (1) A person's registration expires on the date set out in the certificate of registration issued under subsection 16(4) of the Act. (2) An applicant seeking to renew his or her registration as a dietitian shall provide with the application (a) a declaration stating that since his or her most recent certificate of registration was issued, he or she has not been convicted of an offence under the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada) or a similar penal statute of another country, or the details of his or her conviction; (b) a written consent for release of information in relation to the application; (c) proof of professional liability insurance coverage in a form and amount satisfactory to the college; (d) payment of the required fees as set by the college; (e) proof that he or she has completed the continuing education activities required by the college; (f) proof that he or she has completed at least 500 hours of dietetics practice within the preceding 3 year period in a form satisfactory to the college; (g) where the applicant has been or became licensed or registered with the licensing or registration body of dietitians in another jurisdiction since his or her most recent certificate of registration was issued, a letter of good standing or other document satisfactory to the college provided directly from the licensing or registration body of that jurisdiction to the college which includes confirmation of whether (i) the applicant is or has been the subject of investigative or disciplinary proceedings in the jurisdiction and the particulars of those investigative or disciplinary proceedings, and (ii) there are conditions or restrictions on the applicant's ability to practise dietetics and the particulars of those conditions or restrictions; and (h) other documentation the college considers necessary. (3) Notwithstanding paragraph (2)(e), where an applicant does not satisfy the requirements in that paragraph, the college may renew the applicant's registration and require him or her to complete continuing education activities within a specified period of time. (4) Paragraph (2)(f) only applies where more than 3 years have elapsed since the applicant successfully completed one or more of the requirements referred to in paragraphs 11(b), (c) or (d) of the Act. (5) Notwithstanding paragraph (2)(f), where an applicant does not satisfy the requirements in that paragraph, the college may renew the applicant's registration subject to the terms and conditions the college determines. 20/18 s5 Back to Top Entitlement to renewal 6. A person who has complied with the requirements of section 5 and whose application for renewal has been approved by the college is entitled to have his or her registration as a dietitian renewed. 20/18 s6 Back to Top Failure to renew registration 7. Where a person fails to renew his or her registration on or before the expiry date, his or her registration shall expire and his or her name shall be removed from the register. 20/18 s7 Back to Top Registration after expiry 8. A person who allows his or her registration to expire and whose name has been removed from the register under section 7 shall, for the purpose of a subsequent registration, meet the requirements imposed on a new applicant and comply with the applicable requirements of the Act and these regulations. 20/18 s8 Back to Top Filing of allegation 9. (1) Within 30 days of receipt of an allegation under subsection 23(1) of the Act the respondent shall be notified in writing that an allegation has been received. (2) A respondent shall have 30 days from receipt of the notification of the allegation to respond to the complainant's allegation. (3) The chairperson of the complaints authorization committee shall inform the respondent and the complainant of whether the committee intends to exercise one or more of the powers set out in subsection 25(1) of the Act as soon as practicable but no later than 120 days after receipt of the allegation. 20/18 s9 Back to Top Appointment of adjudication tribunal 10. An adjudication tribunal shall be appointed within 30 days of referral of the complaint to the disciplinary panel. 20/18 s10 Back to Top Adjudication tribunal hearing date 11. (1) An adjudication tribunal shall set a hearing date before the later of (a) 120 days after the decision of the complaints authorization committee that grounds exist to start a disciplinary proceeding; or (b) 90 days after the complaint is referred to the disciplinary panel. (2) With the agreement of the respondent and the college, the chairperson of the adjudication tribunal may extend a period referred to in subsection (1). 20/18 s11 Back to Top Decision of adjudication tribunal 12. The decision and orders of an adjudication tribunal shall be provided in writing to the complainant, respondent and respondent's employer in accordance with subsection 30(1) of the Act within 90 days of the completion of the hearing of the complaint by the adjudication tribunal. 20/18 s12 Back to Top Alternative dispute resolution 13. (1) Where an allegation is referred by the complaints authorization committee to the registrar for alternative dispute resolution under paragraph 25(1)(a) of the Act, the alternative dispute resolution shall be completed within 120 days from the referral. (2) Where the persons engaged in alternative dispute resolution under subsection (1) agree, the period referred to in subsection (1) may be extended for an additional 60 days. 20/18 s13 Back to Top Transitional 14. (1) Where a person is a member immediately before the coming into force of these regulations, he or she continues to be registered as a dietitian until his or her certificate of registration expires. (2) Where a person is a member immediately before the coming into force of these regulations, he or she shall, in addition to the requirements for renewal set out in the Act and these regulations, provide the documentation required under subsections 3(1) and (2) with his or her first application for renewal of registration after the coming into force of these regulations. (3) Sections 9 to 13 only apply to proceedings relating to allegations that are filed with the registrar after the coming into force of these regulations. 20/18 s14