1      Interpretation
Part 1
Governance
College
               2      College
established
               3      College’s
role
               4      Annual
report
Council, President and
Registrar
               5      Council
established
               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
             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
Advisory Board
             22      Advisory
Board established
             23      Advisory
Board’s role
             24      Advisory
Board meetings
Regulated Professions
             25      Applying
to be a regulated profession
             26      Recommendation
to Minister
             27      Fee
negotiation approval
Part 2
Registration
Applying for
Registration
             28      Application
for registration
             29      Receipt
of application
             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
             41      Review
by council
Suspension,
Cancellation and Reinstatement
             43      Cancellation
of practice permit
             44      Return
of suspended or cancelled permit
             45      Reinstatement
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
Practice Visits
             51      Practice
visit
          51.1      Referral to complaints director
             52      Confidentiality
             53      Offence
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
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
             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      Scheduling
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
Part 5
Business Arrangements
Conducting a Practice
             97      Practice
in association
             98      Partnership
restrictions
             99      Physical
therapy practice 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
Evidence
           123      Evidence
of registration
           124      Burden
of proof
           125      Records,
evidence not admissible
Liability
           126      Liability
exemption
Ombudsman
           127      Complaints
to Ombudsman
Part 7
Title Protection
           128      Protected
words, abbreviations
           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
           134      Lieutenant
Governor in Council regulations
           135      Transitional
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 -Â Â Â Profession of Acupuncturists
                          Schedule
2 -Â Â Â Profession of Chiropractors
                          Schedule
3 -Â Â Â Profession of Combined Laboratory
and
X‑ray Technicians
                          Schedule
4 -Â Â Â Profession of Dental Assistants
                          Schedule
5 -Â Â Â Profession of Dental Hygienists
                          Schedule
6 -Â Â Â Profession of Dental Technologists
                          Schedule
7 -Â Â Â Profession of Dentists
                          Schedule
8 -Â Â Â Profession of Denturists
                          Schedule
9 -Â Â Â Profession of Hearing Aid
Practitioners
                          Schedule
10 -Â Profession of Licensed Practical
Nurses
                          Schedule
11 -Â Profession of Medical Laboratory
Technologists
                          Schedule
12 -Â Profession of Medical Diagnostic and
Therapeutic Technologists
                          Schedule
13 -Â Profession of Midwives
                          Schedule
14 -Â Profession of Naturopaths
                          Schedule
15 -Â Profession of Occupational Therapy
                          Schedule
16 -Â Profession of Opticians
                          Schedule
17 -Â Profession of Optometrists
                          Schedule
18 -Â Profession of Paramedics
                          Schedule
19 -Â Profession of Pharmacists
                          Schedule
20 -Â Profession of Physical Therapists
                          Schedule
21 -Â Profession of Physicians, Surgeons,
Osteopaths and Podiatrists
                          Schedule
22 -Â Profession of Psychologists
                          Schedule
23 -Â Profession of Registered Dietitians
and Registered Nutritionists
                          Schedule
24 -Â Profession of Registered Nurses
                          Schedule
25 -Â Profession of Registered Psychiatric
and Mental Deficiency Nurses
                          Schedule
26 -Â Profession of Respiratory Therapists
                          Schedule
27 -Â Profession of Social Workers
                          Schedule
28 -Â 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)   “Advisory
Board� means the Health Professions Advisory Board established under Part 1;
                                (b)   “alternative
complaint resolution process� means a process to help the complainant, the
college and the investigated person settle a complaint;
                                (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 regulations;
                                 (l)   “council�
means the council of a college;
                               (m)   “document�
includes recorded information in written, photographic, magnetic, electronic or
other form;
                                (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;
                                (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 Pharmaceutical Profession Act or other chemicals that impairs the
ability to provide professional services in a safe and competent manner;
                                 (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;
                               (w)   “Ombudsman�
means the Ombudsman appointed under the Ombudsman
Act;
                                (x)   “other
memberâ€? means a non‑regulated member of a college registered on a
register established under section 33(1)(b);
                                (y)   “physical
therapy corporation� means a physical therapy corporation within the meaning of
Schedule 20;
                                (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 Schedule 7.1 to the Government
Organization Act;
                             (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;
                                       (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)   carrying on the practice of the regulated profession of physical
therapists on behalf of a corporation that does not meet the requirements of
Schedule 20;
                                       (xii)   conduct that harms the integrity of the regulated profession;
                             (qq)   “unprofessional
conduct fines table� means the unprofessional conduct fines table in Part 10.
(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;2006 c19 s2(22)
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)   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 unless the Minister grants
the college an approval under section 27.
(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.
RSA 2000 cH‑7
s3;2001 c21 s2
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;
                                (d)   whether
the college has an approval under section 27 and, if so, a statement describing
how it is complying with conditions imposed on the approval, if any;
                                (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.
(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).
1999 cH‑5.5 s4
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
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,
subject to Schedule 21, establish a competence committee, and
                                (b)   must
establish the competence committee if the college is authorized by regulation
or by Schedule 21, to undertake practice visits.
(2) Subject
to Schedule 21, 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
section 12, 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 the regulations, provide for practice visits as part of the
continuing competence program and conduct a practice visit of regulated
members, 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 practice visits it shall not
carry out any powers or duties under sections 28 to 30.
1999 cH‑5.5 s10
Competence committee
appointee
11 A competence committee may appoint a
person or 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.
1999 cH‑5.5 s11
Required public members
12(1) Twenty‑five 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 25%.
(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 2 years from the date that the schedule to this Act that governs the
college comes into force.
1999 cH‑5.5 s12
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 regional health authority, the Advisory Board, the
Alberta Mental Health Board or the Alberta Cancer Board.
(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)
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.
(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.
1999 cH‑5.5 s16
Tribunal, committee
powers, duties
17(1) A hearing tribunal’s powers and duties include
holding hearings under this Act.
(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 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 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.
1999 cH‑5.5 s18
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
Advisory Board
Advisory Board
established
22(1) The Health Professions Advisory Board is
established.
(2) The
Advisory Board consists of
                                (a)   not
more than 12 persons appointed as voting members by the Lieutenant Governor in
Council, of which at least 25% must be regulated members or registered members
of a profession whose registered members are authorized, by statute, to provide
health services, and
                                (b)   the
following non‑voting members, who must be employees of the Government:
                                          (i)   one employee designated by the Deputy Minister of Human Resources
and Employment;
                                         (ii)   one employee designated by the Deputy Minister of Health and
Wellness;
                                        (iii)   one employee designated by the Deputy Minister of Advanced
Education;
                                        (iv)   one employee designated by the Deputy Minister of Children’s
Services.
(3) A
person may be appointed under subsection (2)(a) for a term of up to 3 years and
may be reappointed, but may not be appointed for more than 6 consecutive years.
(4) The
powers and duties of the Advisory Board are not affected
                                (a)   subject
to subsection (5), by the failure of a voting member to attend a meeting of the
Advisory Board, or
                                (b)   by
a vacancy in the office of a voting member.
(5) The
quorum is at least 1/2 of the persons appointed as voting members.
(6) The
Lieutenant Governor in Council may designate a chair of the Advisory Board from
among the voting members and in the absence or inability of the chair to act
the voting members may designate a voting member as acting chair.
(7) Voting
members appointed under this section may be paid remuneration and may receive
reasonable living and travelling expenses while away from their ordinary places
of residence in the course of their duties as members at the rates prescribed
by the Lieutenant Governor in Council.
(8) The Minister may provide administrative,
secretarial and clerical services required by the Advisory Board.
RSA 2000 cH‑7
s22;2006 c19 s2(3)
Advisory Board’s role
23 The Advisory Board may, on the request of
the Minister, investigate and provide the Minister with advice related to this
Act and Schedule 7.1 to the Government
Organization Act.
1999 cH‑5.5 s23
Advisory Board meetings
24(1) The Advisory Board must give the colleges
reasonable notice of the matters to be discussed at a meeting of the Advisory
Board and allow them to make submissions.
(2) A
meeting of the Advisory Board must be open to the public unless the Advisory
Board determines that the meeting should be closed for the purposes of
discussion and voting.
(3) The portion of an Advisory Board meeting when
submissions are presented must be open to the public unless the Advisory Board
is satisfied that the interests of the person making the submission, or of any
other person, would be detrimentally affected if the submission were not
presented in private.
1999 cH‑5.5 s24
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.
(3) On
receipt of an application under subsection (1), if the Minister is satisfied
that it is in the public interest the Minister may direct the Advisory Board to
investigate whether the profession should be regulated under this Act.
(4) When
conducting an investigation under subsection (3), the Advisory Board may
investigate as it considers necessary and, without limiting the generality of
the foregoing, 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)   on the request of the Minister, consider any
other matter.
RSA 2000 cH‑7
s25;2006 c19 s2(4)
Recommendation to
Minister
26(1) On completing an investigation under section
25(3), the Advisory Board must recommend to the Minister, with reasons for the recommendation,
whether it would be in the public interest that this Act be amended to include
the profession as a regulated profession and may make any other recommendation
that, in its opinion, is compatible with the public interest.
(2) If
the Advisory Board recommends that the profession be a regulated profession
under this Act, the Advisory Board must also make recommendations respecting
                                (a)   the
college for the proposed regulated profession,
                                (b)   a
proposed practice for the proposed regulated profession, and
                                (c)   a
name, title and initials, if any, for the proposed regulated profession and its
members,
and the Advisory Board may make any other recommendations
that, in its opinion, are compatible with the public interest.
1999 cH‑5.5 s26
Fee negotiation approval
27 If the Minister is satisfied that a
college is organized so that when it undertakes its powers, duties and
functions under this Act it would not be influenced by an approval,
                                (a)   the
Minister may approve the college to set professional fees, to provide
guidelines on professional fees and to negotiate professional fees on behalf of
some or all of its regulated members, and
                                (b)   the Minister may impose conditions on that
approval.
1999 cH‑5.5 s27
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
fees provided for in the bylaws,
                                (c)   evidence
of having the amount and type of professional liability insurance, if required
by the regulations,
                                (d)   evidence
of being a Canadian citizen or a person lawfully permitted to work in Canada,
if required by the regulations,
                                (e)   evidence
of having good character and reputation, if required by the regulations,
                                 (f)   evidence
of meeting standards of language proficiency, if required by the regulations,
and
                                (g)   information
required by the registrar under section 33(4)(b).
(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
regulations or the council 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
satisfying the registrar, the registration committee or competence committee,
of 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.
1999 cH‑5.5
s28;2000 c15 s4(6)
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
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 regulations,
                                          (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 information related to their demographic status, education, training
and experience and their practice of the regulated profession in accordance
with regulations under sections 131 and 134.
(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
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 The council, hearing tribunal,
registration committee, complaint review committee, competence committee or
Appeal Committee under Schedule 21 may direct the registrar to correct or
remove, and the registrar may correct or remove, any entry made in error in a
register.
1999 cH‑5.5 s35
Registration of
regulated members
36(1) If an application for registration as a
regulated member has been approved, 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.
1999 cH‑5.5 s36
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
39If 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 regulations or Schedule 21, 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 regulations, if the insurance is required by the
regulations,
                                (d)   who
provides the information required by the registrar under section 33(4)(b) and any other
information that the regulations require to be provided, 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 subject to any
conditions imposed by the registrar, registration committee or competence
committee,
                                (b)   to
issue a practice permit but to impose conditions for the completion of the
continuing competence requirements set out in the regulations within the time
specified in the conditions,
                                (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 with the reasons for 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.
RSA 2000 cH‑7
s40;2001 c21 s5
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 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
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) 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 the regulations.
RSA 2000 cH‑7
s45;2001 c21 s8
Registration Required
Mandatory registration
46(1) A person must apply for registration if the
person
                                (a)   is
qualified to meet 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)
Prohibition
47 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.
1999 cH‑5.5 s47
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.
(2) A
person who is guilty of an offence under this section 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.
(3) A prosecution under this section may be
commenced within 2 years after the commission of the alleged offence, but not
afterwards.
1999 cH‑5.5 s48
Injunction
49 The Court of Queen’s Bench, on
application by a college by way of originating notice, may grant an injunction
enjoining any person who meets the requirements of section 46(1)(a) from
providing services described in section 46(1)(b) if the person is not a
regulated member or is not authorized to provide the services pursuant to
another enactment.
1999 cH‑5.5 s49
Part 3
Continuing Competence and
Practice Visits
Continuing Competence
Program
Continuing competence
program
50(1) A council must establish, by regulation, a
continuing competence program within 5 years from the date that the schedule to
this Act with respect to the profession comes into force.
(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, and
                                (b)   may, if authorized by the regulations or
Schedule 21, provide for practice visits of the regulated members or categories
of regulated members.
RSA 2000 cH‑7
s50;2001 c21 s9;2006 c19 s2(6)
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 Hospitals
Act, a nursing home as defined in the Nursing
Homes 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 hospital, clinic or
centre operated by the Alberta Alcohol and Drug Abuse Commission, a facility as
defined in the Social Care Facilities
Review Committee Act or an institution or facility operated by or approved
by the Minister of Health and Wellness, 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.
(2) If
authorized by the regulations to carry out practice visits as part of a
continuing competence program, the competence committee may direct that a
regulated member participate in a practice visit, and the regulated member must
co‑operate with the members of the competence committee and a 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 a patient’s medical 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 undertake specified actions in
accordance with the regulations, 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
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
practice visit or 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 practice
visit, 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
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 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)(b), 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)(b), 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)
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.
(2) The
complaints director
                                (a)   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)   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.
(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
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 or Schedule 7, 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)
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 give
notice of that conduct to the complaints director.
(2) On
being given notice under subsection (1), 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.
1999 cH‑5.5
s57;2000 c15 s4(9)
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 provided for
in the regulations 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.
(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
                                (a)   in
the opinion of that person a settlement is not likely to occur, or
                                (b)   the
complaint review committee does not ratify the settlement under section 60,
the person must notify
the complaints director.
(7) 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, 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, or
                                (d)   in all other cases, refer the matter to the
hearings director for a hearing.
1999 cH‑5.5 s58
Evidence
59(1) A person who conducts an alternative complaint
resolution process must keep any records relating to the process separate from
the college records except a ratified settlement.
(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.
1999 cH‑5.5 s59
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.
(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
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, and
                                (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.
(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.
1999 cH‑5.5 s61
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 Queen’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.
1999 cH‑5.5 s63
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
                                (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) The investigated person may apply for an order
of the Court of Queen’s Bench to stay a decision by a person or committee under
subsection (1) by filing an originating notice with the Court and giving a copy
to the registrar.
1999 cH‑5.5 s65
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 or section 68(5)(b), 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.
1999 cH‑5.5 s66
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 Within 90 days after receiving a referral
for a hearing, the hearings director must 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.
1999 cH‑5.5 s69
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 as a
witness and cause to be given 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.
1999 cH‑5.5 s73
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 Queen’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 Queen’s Bench may, on an application made by the college or the
investigated person without notifying the witness, direct the issuing of a
commission for the obtaining of evidence of the witness, but the commission may
only be issued and the evidence must be taken in the same manner as under the Alberta Rules of Court.
1999 cH‑5.5 s76
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)   prior
to 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.
1999 cH‑5.5 s77
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 Attorney General and on the request of the Minister
of Justice and Attorney General also send a copy of the record of the hearing.
1999 cH‑5.5 s80
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.
1999 cH‑5.5 s81
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)   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)   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.
(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)
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 and Attorney General, if so directed or requested under
section 80(2),
and notify the investigated person of the right to appeal
the decision to the council.
1999 cH‑5.5 s84
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) The public may examine the decision and the
record of the hearing except for the part of the record that relates to a part
of the hearing that was held in private and on paying the reasonable costs of
transcribing, copying and delivering that decision and record may receive a
copy of them.
1999 cH‑5.5 s85
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 Queen’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.
1999 cH‑5.5
s86;2000 c15 s4(12)
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
Scheduling 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), schedule the appeal within 45 days after the
date of service of the notice of appeal, and
                                (b)   in
all other cases, schedule the appeal within 90 days after the date of service
of the notice of 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.
1999 cH‑5.5 s88
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 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 clerk of 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.
1999 cH‑5.5 s90
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)   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.
1999 cH‑5.5 s92
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 Commissioners for Oaths Act for the purposes of an investigation,
hearing, review or appeal under this Part.
1999 cH‑5.5 s95
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
Part 5
Business Arrangements
Conducting a Practice
Practice in association
97(1) In this section, “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)
Partnership restrictions
98(1) Despite section 97, a regulated member
                                (a)   of
the College of Physicians and Surgeons of Alberta,
                                (b)   of
the Alberta Dental Association and College,
                                (c)   of
the Alberta College of Optometrists, or
                                (d)   on
and after September 1, 2000, 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)
Physical therapy practice
restrictions
99 Despite section 97, no regulated member
who is a physical therapist and provides professional services on behalf of a
corporation or who is a shareholder of a corporation that provides physical
therapy services shall carry on the practice of physical therapy in
contravention of section 10 of Schedule 20.
1999 cH‑5.5 s99
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 or a physical therapy
corporation,
                                (h)   a
professional corporation or a physical therapy 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 or a physical therapy
corporation,
                                (h)   a
professional corporation or a physical therapy 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, professional corporation or
physical therapy 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, professional corporation or physical therapy corporation and the
participants in a practice in association.
1999 cH‑5.5 s100
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 physical
therapy 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.
1999 cH‑5.5 s101
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 Alberta Dental Association and College;
                                (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)
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 Alberta Dental Association and College;
                                        (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)
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 Alberta Dental Association and College,
                                (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 Alberta Dental Association and College,
                                (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)
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 Alberta Dental Association and College,
                                (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)
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 Alberta Dental Association and College,
                                (c)   of
The College of Chiropractors of Alberta, or
                                (d)   of
the Alberta College of Optometrists,
on behalf of a professional corporation, every 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 shareholder,
as an individual providing professional services.
RSA 2000 cH‑7
s107; 2005 c13 s4(19),(20),(21)
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 Alberta Dental Association and College,
                                (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)
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 shares
of the professional corporation are 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,
                                 (f)   satisfies
the registrar that no 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.
1999 cH‑5.5 s109
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 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.
1999 cH‑5.5 s111
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 section
109(1)(a) and (d) to (f) only because of
                                (a)   the
death of a regulated member, or
                                (b)   the
suspension or cancellation of the registration or practice permit of a
regulated member
who is a shareholder
of the professional corporation, the professional corporation has 90 days from
the date of death, suspension or cancellation in which to comply with section
109(1)(a) and (d) to (f), failing which the annual permit is cancelled on the
expiration of the 90 days.
(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, 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.
1999 cH‑5.5 s114
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.
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 a hospital if the regulated member is a member of the
hospital’s medical staff or professional staff, as defined in the Hospitals Act,
                                (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 and information respecting the imposition of a reprimand or fine
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 or section 33(3) or 85(3), 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 subject to the payment of
costs referred to in section 85(3) and the period of time provided for in the
regulations.
(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 may provide the
information.
RSA 2000 cH‑7
s119;2001 c21 s19
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 health planning, policy
development, health workforce planning and health service planning and
delivery, a registrar must
                                (a)   on
the request of the Minister compile information referred to in section
33(4)(b), 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
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 or physical therapy 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 physical
therapy corporations, or
                                (b)   an
extract from the register or record of professional corporations or physical
therapy 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.
1999 cH‑5.5 s123
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,
                                (b)   a
corporation is a professional corporation and holds an annual permit, or
                                (c)   a
corporation is a physical therapy corporation and holds a permit under Schedule
20,
is on the accused.
1999 cH‑5.5 s124
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, 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).
(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.
1999 cH‑5.5 s126
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
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.
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 Queen’s Bench, on
application by a college by way of originating notice, 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.
1999 cH‑5.5 s130
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)   requirements for the purposes of section 28(2)(b);
                                        (iv)   carrying professional liability insurance and governing the
minimum coverage and type of insurance required to be carried;
                                         (v)   providing evidence of being a Canadian citizen or lawfully
permitted to work or study in Canada;
                                        (vi)   providing evidence of having good character and reputation;
                                       (vii)   providing evidence respecting standards of language proficiency;
                                      (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)   respecting
which restricted activities a regulated member or category of regulated members
may provide and conditions respecting the provision of restricted activities;
                                (d)   respecting
                                          (i)   who may perform restricted activities under section 4(1)(b) of
Schedule 7.1 to the Government
Organization Act with the consent of and under the supervision of a
regulated member, and
                                         (ii)   how regulated members must supervise persons referred to in
subclause (i);
                                (e)   respecting
conditions on practice permits;
                                 (f)   establishing
and respecting continuing competence programs including the requirements of
those programs;
                                (g)   establishing
and respecting practice visits as part of a continuing competence program and
respecting specified actions under section 51(5)(b)(ii) and Schedule 21;
                                (h)   respecting
reinstatement of registration and practice permits cancelled under Part 4;
                                 (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 and the entry of information
in the register and removal of that information from the register;
                                (n)   respecting
information to be provided to the registrar by regulated members under section
33;
                             (n.1)   respecting
disclosure of information about its members;
                                (o)   respecting
alternative complaint resolution processes;
                                (p)   respecting
the period of time during which a college is obliged to provide information
under section 119(4);
                                (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 Lieutenant Governor in Council.
                                (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 or a physical therapy corporation and
the name under which a professional corporation or a physical therapy
corporation may provide professional services;
                                 (j)   establishing
a record of professional corporations and physical therapy 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 and permits of physical therapy corporations;
                                 (l)   respecting
registration and annual permits of professional corporations and permits of physical
therapy corporations and the information to be submitted by professional
corporations and physical therapy corporations;
                               (m)   establishing
the date on which an annual permit of a professional corporation or a permit of
a physical therapy corporation expires;
                            (m.1)   respecting
the use of the term “specialist� by a regulated member or a category of
regulated members;
                                (n)   respecting
benefits programs and educational incentives;
                                (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, physical therapy corporations, annual permits, permits of
physical therapy corporations 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)   subject
to an approval under section 27, respecting setting and negotiating
professional fees and guidelines on professional fees;
                                 (t)   respecting
the development of or adoption of a code of ethics and practice standards.
(2) The Regulations
Act does not apply to bylaws under this section.
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 Wellness and the Minister of Advanced Education and must consider
the comments received from those Ministers.
2001
c21 s24;2006 c19 s2(13)
Code of ethics,
standards of practice
133(1) A council may, in accordance with procedures
set out in the bylaws, develop or propose the adoption of a code of ethics and
standards for the practice of a regulated profession.
(2) The
college must provide, for review and comment, a copy of a proposed code of
ethics and proposed standards of practice 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 after it has
reviewed and considered the comments received from a review described in
subsection (2).
(4) The
Regulations Act does not apply to
codes of ethics and standards of practice approved 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.
1999 cH‑5.5
s133;2000 c15 s4(16)
Lieutenant Governor in
Council regulations
134 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).
RSA 2000 cH‑7
s134;2003 c39 s6
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 9
Consequential Amendments, Repeals and Coming into Force
136 to 138(These sections make
consequential amendments to other Acts.Â
The amendments have been incorporated into those Acts.)
140The Mental Health Act is amended in
section 17(7)(m)(ii) by striking out “section 59 of the Medical
Profession Act or section 72 of the Nursing
Profession Act� and substituting“sections 73 and 74 of the Health Professions Act�.
141 Repealed 2005 c13 s8.
142The Workers’ Compensation Act is amended
in section 1(1)(v) by striking out “licensed� and substituting“licensed or authorized under the Health Professions Act�.
143(1)The Alberta Health Care Insurance Act is amended
                                (a)   by repealing section 1(f)(i) and
substituting the following:
                                          (i)   with reference to services provided in Alberta, a regulated
member of The College of Chiropractors of Alberta who holds a practice permit
respecting the practice of chiropractic or a professional corporation
registered with The College of Chiropractors of Alberta under the Health Professions Act, and
                                (b)   by
repealing section 22(20)(d) and substituting the following:
                                         (d)   the council or a hearing tribunal of The College of Chiropractors
of Alberta under the Health Professions
Act,
(2) Section 16(2) and (3) of the Companies Act
are amended by striking out
“or Chiropractic Profession Act�.
(3) The Chiropractic Profession Act is amended
by adding the following after section 28:
Partnerships
28.1 On and after September 1,
2000, neither a registered member nor a registered practitioner shall
                                         (a)   provide professional services as a member of a partnership unless
each member of the partnership is a registered member or a registered
practitioner, or
                                         (b)   divide, share, split or allocate, either directly or indirectly,
any fee for professional services with any person who is not a registered
member or registered practitioner.
(4) The Fair Trading
Act is amended in section 103(2)(b) by striking out “Chiropractic Profession Act,� and substituting “Schedule 2 of the Health Professions Act,�.
RSA 2000 cH‑7
s143;2002 c30 s12
144 to 145(These
sections make consequential amendments to other Acts. The amendments have been incorporated into
those Acts.)
146(1) The Fatality Inquiries Act is
amended
                                (a)   in
section 1(l) by striking out “College
of Physicians and Surgeons of the Province of Alberta� and substituting “College of Physicians and Surgeons of Alberta�;
                                (b)   in
section 8
                                          (i)   in subsection (1)(a) by striking out “College of Physicians and Surgeons of the
Province of Alberta� and substituting “College
of Physicians and Surgeons of Alberta�;
                                         (ii)   in subsection (2) by striking out “Medical Profession Act� and substituting “Health Professions Act�.
(2)The Alberta
Health Care Insurance Act is amended
                                (a)   in
section 1(g) by striking out “College
of Physicians and Surgeons of the Province of Alberta� and substituting “College of Physicians and Surgeons of Alberta�;
                                (b)   in
section 1(t)(i) by striking out “a person registered as a medical practitioner or as an
osteopathic practitioner under the Medical
Profession Act� and substituting“a regulated member of the College of Physicians
and Surgeons of Alberta under the Health
Professions Act who holds a practice permit respecting the practice of
medicine, surgery or osteopathy, or a professional corporation registered with the
College of Physicians and Surgeons of Alberta�;
                                (c)   by
repealing section 22(20)(a) and substituting the following:
                                         (a)   the council or hearing tribunal of the College,
(2.1)The Alberta
Heritage Foundation for Medical Research Act is amended in section 2(1)(a)by striking out “College
of Physicians and Surgeons of the Province of Alberta� and substituting “College of Physicians and Surgeons of Alberta�.
(3) Section 1(n)(i) of the Hospitals Act is
repealed and the following is substituted:
                                 (i)   with
reference to medical services provided in Alberta, a person registered as a regulated
member of the College of Physicians and Surgeons of Alberta under the Health Professions Act who holds a
practice permit respecting the practice of medicine, surgery or osteopathy, and
(4) The Companies Act is amended
                                (a)   in section 15(4)
                                          (i)   by adding “or� at the end of clause (a);
                                         (ii)   by striking out“or� at the end of clause (c);
                                        (iii)   by repealing clause (d);
                                        (iv)   by striking out “, Legal
Profession Act or Medical Profession
Act� and substituting“or Legal
Profession Act�;
                                (b)   in
section 16(2) and (3) by striking out“Medical Profession
Act,�;
                                (c)   in
section 16(5)
                                          (i)   by striking out “, Legal
Profession Act or Medical Profession
Act� and substituting“or Legal
Profession Act�;
                                         (ii)   by striking out “, section 119(1) of the Legal Profession Act or section 77(1) of
the Medical Profession Act� and substituting“or section 119(1) of the Legal Profession Act�.
(5) The Dependent Adults Act is amended in
section 1(p) by striking out“registered
as a medical practitioner under the Medical
Profession Act� and substituting“who
is a regulated member of the College of Physicians and Surgeons of Alberta who
is a physician, surgeon or osteopath�.
(6) The Emergency Medical Aid Act is amended in
section 1(a) by striking out“registered as a medical practitioner under the Medical Profession Act� and substituting“a regulated member of the College of Physicians
and Surgeons of Alberta who is a physician, surgeon or osteopath�.
(6.01)The Fair Trading Act is amended in
section 103(2)(b) by striking out “Medical Profession Act,� and substituting “Schedule 21 of the Health Professions Act,�.
(6.1)The Health Care
Protection Act is amended
                                (a)   in
section 21(5) by striking out “College
of Physicians and Surgeons of the Province of Alberta� and substituting “College of Physicians and Surgeons of Alberta�;
                                (b)   in
section 25(2) by striking out “College
of Physicians and Surgeons of the Province of Alberta� and substituting “College of Physicians and Surgeons of Alberta�;
                                (c)   in
section 29
                                          (i)   in clause (a)(i)
                                                 (A)   by striking out “College of Physicians and Surgeons of the
Province of Alberta� and substituting “College
of Physicians and Surgeons of Alberta�;
                                                 (B)   by striking out “within the meaning of section 103 of the Medical
Profession Act and the bylaws under that Act or� and substituting “under�;
                                         (ii)   in clause (c) by striking out “College of Physicians and Surgeons of the
Province of Alberta� and substituting “College
of Physicians and Surgeons of Alberta�.
(7) The Interpretation Act is amended in
section 28(1)(pp) by striking out“registered under the Medical
Profession Act as a medical practitioner� and substituting“a regulated member of the College of Physicians
and Surgeons of the Province of Alberta who holds a practice permit respecting
the practice of medicine, surgery or osteopathy�.
(8) The Mental Health Act is amended
                                (a)   by
repealing section 1(l) and substituting the following:
                                          (l)   “psychiatrist� means a person who is a regulated member of, and
who has been granted specialty recognition in psychiatry by, the College of
Physicians and Surgeons of Alberta under the Health Professions Act;
                                (b)   in
section 17(7)(m)
                                          (i)   by striking out “of the College of Physicians and Surgeons of
the Province of Alberta or an investigating committee under the Medical
Profession Act� and substituting “or
hearing tribunal of the College of Physicians and Surgeons of Alberta�;
                                         (ii)   in subclause (i) by striking out “College or� and substituting “College of Physicians and Surgeons of Alberta or�.
(8.1) The M.S.I. Foundation Act is amended in
section 4(1)(a) by striking out “College of Physicians and Surgeons of the Province of
Alberta� and substituting “College
of Physicians and Surgeons of Alberta�.
(9) The Public Health Act is amended by
repealing section 70(5)(b)(i) and substituting the following:
                                 (i)   a
regulated member of the College of Physicians and Surgeons of Alberta under the
Health Professions Act who is a
physician, surgeon or osteopath but does not apply to a student enrolled in a
program of studies and to podiatrists,
(2) to (6) (These subsections amend other Acts; the
amendments have been incorporated into those Acts.)
148(1) The Alberta Health Care
Insurance Act is amended by this section.
(2) Section 1(p)(i) is repealed and the following is
substituted:
                                 (i)   with
reference to goods and services provided in Alberta, a person who is a
regulated member of the College of Opticians of Alberta and who holds a
practice permit respecting the practice of dispensing of eye glasses or contact
lenses, and
(3) Section 18(4)(g) is amended by striking out“Alberta Opticians Association� and substituting“College of Opticians of Alberta�.
(4) Section 22(20)(g) is repealed and the following is
substituted:
                                (g)   the
council or a hearing tribunal of the College of Opticians of Alberta,
149(This section amends other
Acts; the amendments have been incorporated into those Acts.)
150(1) The Agrologists Act is
amended in section 32 by striking out “College of Pharmacists under the Pharmaceutical Profession Act� and substituting“College of Pharmacists under the Health Professions Act�.
(2) The Alberta Health Care Insurance Act is
amended by repealing section 22(21) and substituting the following:
(21) The Minister or a person authorized by the
Minister may disclose information obtained under the Blue Cross agreement to
the council or complaints director of the Alberta College of Pharmacists for
that organization’s use in investigating a complaint against a member of that
organization or in disciplinary hearings involving that member if
                                (a)   an
officer of the Alberta College of Pharmacists makes a written request for the
information, or
                                (b)   the
Minister considers that it is in the interests of the public and of the Alberta
College of Pharmacists that the information be disclosed.
(2.1) The Fair Trading
Act is amended in section 103(2)(b) by striking out “Pharmaceutical Profession Act,� and substituting “Schedule 19 of the Health Professions Act,�.
(3) The Livestock Diseases Act
is amended in section 9 by striking out“which, notwithstanding the Pharmaceutical Profession Act, persons other than pharmacists or
restricted practitioners under the Pharmaceutical
Profession Act or� and substituting “which, notwithstanding Schedule 7.1 to the Government Organization Act and the Pharmacy and Drug Act, persons other
than persons authorized under section 3 of Schedule 7.1 to the Government Organization Act, regulated
members of the Alberta College of Pharmacists under the Health Professions Act or�.
RSA 2000 cH‑7
s150;2002 c30 s12
151 The Alberta Health Care
Insurance Act is amended by repealing section 22(20)(h) and substituting
the following:
                                (h)   the
council or a hearing tribunal of the College of Physical Therapists of Alberta,
or
152(1) The Alberta Health Care
Insurance Act is amended
                                (a)   in section 1(v)(i) by striking out “a member of the Alberta Podiatry Association
and lawfully entitled to practise in Alberta, and� and substituting “a regulated member of the College of Physicians
and Surgeons of Alberta who holds a practice permit respecting the practice of
podiatry, and�;
                                (b)   in
section 18(4)(e) by striking out “Council of Management of the Alberta Podiatry Association�
and
substituting “board of
directors of the Alberta Podiatry Association�;
                                (c)   by
repealing section 22(20)(e).
(2) The Conflicts of Interest Act is amended in
Part 3 of the Schedule by striking out “Board of Examiners in Podiatry�.
RSA 2000 cH‑7
s152; 2005 c13 s4(5),(21)
153(1)Repealed 2003 c16 s117.
(2) to (4)(These
provisions have been consolidated.)
154 Repealed 2003 c16 s117.
155(1) The Alberta Health Care
Insurance Act is amended in section 22(7)
                         (a),
(b)Â Â Â (These provisions have been consolidated.)
                                (c)   by
repealing clause (k).
(2)to (6) (These provisions have been consolidated.)
RSA 2000 cH‑7
s155;RSA 2000 cH‑5 s116
Repeals
156 The following are repealed:
                                (a)   Chiropractic Profession Act;
(NOTE:Â Â Clause (a) effective July 1, 2007.)
                                (b)   Dental Mechanics Act;
(NOTE:Â Â Clause (b) effective September 1, 2002.)
                                (c)   Dental Profession Act;
(NOTE:Â Â Clause (c) effective December 31, 2001.)
                                (d)   Medical Profession Act;
                                (e)   Nursing Profession Act;
(NOTE:Â Â Clause (e) effective November 30, 2005.)
                                 (f)   Occupational Therapy Profession Act;
(NOTE:Â Â Clause (f) effective October 5, 2006.)
                                (g)   Opticians Act;
                                (h)   Optometry Profession Act;
(NOTE:Â Â Clause (h) effective April 1, 2003.)
                                 (i)   Physical Therapy Profession Act;
                                 (j)   Podiatry Act;
                                (k)   Psychology Profession Act;
(NOTE:Â Â Clause (k) effective January 15, 2006.)
                                 (l)   Registered Dietitians Act;
(NOTE:Â Â Clause (l) effective May 1, 2002.)
                               (m)   Social Work Profession Act;
(NOTE:Â Â Clause (m) effective April 1, 2003.)
                                (n)   Health Disciplines Act, except the
Schedule;
                                (o)   clause
(a) of the Schedule to the Health
Disciplines Act;
                                (p)   clause
(b) of the Schedule to the Health
Disciplines Act;
                                (q)   clause
(c) of the Schedule to the Health
Disciplines Act;
(NOTE:Â Â Clause (q) effective May 1, 2005.)
                                 (r)   clause
(d) of the Schedule to the Health
Disciplines Act;
(NOTE:Â Â Clause (r) effective November 25, 2005.)
                                (s)   clause
(e) of the Schedule to the Health
Disciplines Act;
(NOTE:Â Â Clause (s)
effective April 12, 2003.)
                                 (t)   clause
(f) of the Schedule to the Health
Disciplines Act;
                                (u)   clause
(g) of the Schedule to the Health
Disciplines Act;
                                (v)   clause
(h) of the Schedule to the Health
Disciplines Act;
(NOTE:Â Â Clause (v)
effective July 1, 2002.)
                               (w)   clause
(i) of the Schedule to the Health
Disciplines Act;
(NOTE:Â Â Clause (w)
effective April 1, 2006.)
                                (x)   clause
(j) of the Schedule to the Health
Disciplines Act;
(NOTE:Â Â Clause (x) effective November 25, 2005.)
                                (y)   clause
(k) of the Schedule to the Health
Disciplines Act;
(NOTE:Â Â Clause (y) effective May 1, 2005.)
                                (z)   clause
(l) of the Schedule to the Health
Disciplines Act;
(NOTE:Â Â Clause (z) effective March 1, 2002.)
                              (aa)   clause
(m) of the Schedule to the Health
Disciplines Act;
                             (bb)   clause
(n) of the Schedule to the Health
Disciplines Act;
                              (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:Â Â 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:Â Â 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:Â Â 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:Â Â Clause (ff) effective January 1, 2006.)
1999 cH‑5.5 s156
Coming into force
157 This Act, except for section 143(3),
comes into force on Proclamation.
1999 cH‑5.5 s157
(NOTE:Â Â 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.Â
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) proclaimed in force July 1, 2007.)
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 1Â Â Â Â Â Â Â
Column 2 Â Â Â Â Â Â Â Â Â Â Â Â Column 3
maximum fine for
each finding of
unprofessional conduct      Â
$1000 Â Â Â Â Â Â Â Â Â Â
$5000 Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â $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, and
                                (b)   provide
restricted activities authorized by the regulations.
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.
Schedule 2
Profession of Chiropractors
Continuation of
corporation
1 On the coming into force of
this Schedule, the corporation known as The College of Chiropractors of Alberta
is continued as a corporation under the the name Alberta College and Association
of Chiropractors.
RSA 2000 cH‑7
Sched. 2 s1;2006 c19 s2(14)
Use of titles, etc.
2 A regulated member of the
Alberta College and Association of Chiropractors 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)
Practice
3 In their practice,
chiropractors do one or more of the following:
                                (a)   examine,
diagnose and treat, through chiropractic adjustment and other natural means, to
maintain and promote health and wellness, and
                                (b)   provide
restricted activities authorized by the regulations.
Fines
4 Column 3 of the unprofessional
conduct fines table applies to proceedings of the Alberta College and Association
of Chiropractors under Part 4.
RSA 2000 cH‑7
Sched. 2 s4;2006 c19 s2(14)
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
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
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
College of Chiropractors of Alberta 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)
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:Â Â Schedule 2 proclaimed in force July 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.
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, and
                                (c)   provide
restricted activities authorized by the regulations.
RSA 2000 cH‑7
Sched. 3 s3;2002 c30 s12
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.
(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:Â Â 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.
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:Â Â Schedule 4 proclaimed in force January 1,
2006.)
Schedule 5
Profession of Dental Hygienists
Continuation of
corporation
1 On the coming into force of
this Schedule, the corporation known as the Alberta Dental Hygienists’
Association is continued as a corporation under the name College of Registered
Dental Hygienists of Alberta.
Use of titles, etc.
2 A regulated member of the
College of Registered Dental Hygienists of Alberta 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.
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 College of Registered Dental
Hygienists of Alberta under Part 4.
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
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
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:Â Â 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;
                          (e), (f)   repealed
2001 c21 s23;
                                (g)   D.T.;
                                (h)   R.D.T.
RSA 2000 cH‑7
Sched 6 s2;2001 c21 s33
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, 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 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:Â Â Schedule 6 proclaimed in force October 19,
2004.)
Schedule 7
Profession of Dentists
Continuation of
corporation
1 On the coming into force of
this Schedule, the corporation known as The Alberta Dental Association is
continued as a corporation under the name the Alberta Dental Association and
College.
RSA 2000 cH‑7 Sched. 7 s1;2005 c13 s4(8)
Use of titles
2 A regulated member of the
Alberta Dental Association and College 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.
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, and
                                (b)   provide
restricted activities authorized by the regulations.
Fines
4 Column 3 of the unprofessional
conduct fines table applies to proceedings of the Alberta Dental Association
and College under Part 4.
RSA 2000 Sched. 7
s4;2005 c13 s4(8)
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‑7Â Sched. 7 s5;2005 c13 s4(8)
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‑7Â Sched. 7 s6;2005 c13 s4(8)
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‑7Â Sched. 7 s7;2005 c13 s4(8)
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‑7Â 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‑7Â 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‑7Â 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 Alberta Dental
Association and College;
                                (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 Care Protection 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 Care Protection 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)
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 Care Protection Act, subsection
(1) does not apply to
                                (a)   a hospital that is established by or under,
or the establishment or operation of which is governed by, the Hospitals Act,
the Regional Health Authorities Act, the Cancer Programs Act or
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 Care
Protection 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)
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 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
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 Care Protection 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
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 Lieutenant Governor in Council.
2001
c21 s34
(NOTE:Â Â Â 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.
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, 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 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:Â Â 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:Â Â Schedule 9 proclaimed in
force July 1, 2002.)
Schedule 10
Profession of Licensed
Practical Nurses
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 same name.
 (2) On
the coming into force of this Schedule, the College of Licensed Practical
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
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 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 of Alberta.
(4) The
Minister may request and collect information and records described in
subsection (2) from the College of Licensed Practical 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 Licensed Practical Nurses 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.
RSA 2000 cH‑7
Sched. 10 s2;2001 c21 s37
Practice
3 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, 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 Licensed Practical
Nurses of Alberta under Part 4.
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.
(NOTE:Â Â Schedule 10 proclaimed in force April 12,
2003.)
Schedule 11
Profession of Medical
Laboratory Technologists
College and records
1(1) On the coming into force of this
Schedule, the corporation known as the Alberta Society of Medical Laboratory
Technologists is continued as a corporation under the name Alberta College of
Medical Laboratory Technologists.
 (2) On the coming into force of this
Schedule, the Alberta College of Medical Laboratory 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 Laboratory 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 Laboratory Technologists under the Health Disciplines Act and the
educational qualifications of applicants for registration in the designated
health discipline of Medical Laboratory Technologists,
                                (c)   registered
members and former registered members in the designated health discipline of
Medical Laboratory 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 Laboratory 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 Laboratory 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 Laboratory 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 Laboratory
Technologists.
(4) The
Minister may request and collect information and records described in
subsection (2) from the Alberta College of Medical Laboratory 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.
Use of titles, etc.
2 A regulated member of the
Alberta College of Medical Laboratory Technologists 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)
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 Alberta College of Medical
Laboratory Technologists under Part 4.
Transitional
5 On the coming into force of
this Schedule,
                                (a)   the
members of the council of the Alberta Society of Medical Laboratory
Technologists under the Health
Disciplines Act continue as members of the council of the Alberta College
of Medical Laboratory 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 Society of Medical Laboratory Technologists under the Health Disciplines Act continues as the
registrar of the Alberta College of Medical Laboratory 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 Society of Medical Laboratory Technologists under the Health Disciplines Act continues as the
president of the Alberta College of Medical Laboratory 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 Laboratory Technologists;
                                (e)   the
members of the Registration Committee established under the Medical Laboratory Technologists Regulation
(AR 49/93) continue as the members of the registration committee of the Alberta
College of Medical Laboratory Technologists under this Act for the same terms
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 a registered member or a temporary registered
member of the designated health discipline of Medical Laboratory 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 Laboratory
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.
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
Laboratory 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 Laboratory Technologists under the Health Disciplines Act are vested in and may be exercised by the
registrar of the Alberta College of Medical Laboratory 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 Society of Medical Laboratory
Technologists under the Health
Disciplines Act are vested in and may be exercised by the registration
committee of the Alberta College of Medical Laboratory 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 under the Health
Disciplines Act are vested in and may be exercised by the council of the
Alberta College of Medical Laboratory Technologists, and any reference to the
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 Medical Laboratory Technologists Regulation
(AR 49/93) 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 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 Laboratory
Technologists 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 Medical Laboratory 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 Laboratory
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
Laboratory 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 Laboratory 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 Laboratory 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 Laboratory 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 Laboratory 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 Laboratory
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 Medical Laboratory 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 Laboratory 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 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 Medical
Laboratory 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 Laboratory 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 this section is
deemed to be a decision and order of a hearing tribunal or the council under
this Act.
(NOTE:Â Â 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)   registered
technologist in radiology;
                                (b)   radiological
technologist;
                                (c)   radiation
therapist;
                                (d)   registered
technologist in nuclear medicine;
                                (e)   nuclear
medicine technologist;
                                 (f)   registered
technologist in therapy;
                                (g)   registered
technologist in magnetic resonance;
                                (h)   magnetic
resonance technologist;
                                 (i)   registered
electroneurophysiology technologist;
                                 (j)   registered
electroencephalography technologist;
                                (k)   registered
evoked potential technologist;
                                 (l)   registered
electromyography technologist;
                               (m)   RTR;
                                (n)   RTNM;
                                (o)   RTT;
                                (p)   RTMR;
                                (q)   RET;
                                 (r)   REPT;
                                (s)   RTEMG;
                                 (t)   RENPT.
RSA 2000 cH‑7
Sched. 12 s2;2003 c39 s9
Practice
3(1) In their practice, medical
diagnostic and therapeutic technologists do one or more of the following:
                                (a)   apply
ionizing radiation and other forms of energy to produce diagnostic images,
                                (b)   evaluate
the technical sufficiency of the images,
                                (c)   use
ionizing radiation and other forms of energy for treatment purposes,
                                (d)   take
part in patient care through interdisciplinary, peer and public education,
patient counselling, radiation protection, management and research related to
matters described in this subsection, 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;
                                (b)   provide
restricted activities authorized by the regulations.
RSA 2000 cH‑7
Sched. 12 s3;2003 c39 s9
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:Â Â 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, 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 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.
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,
                                (b)   provide
counselling, education and emotional support related to the clients’ physical,
psychological and social needs, 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 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 inÂ
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.
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;
                                (d)   N.D.;
                                (e)   R.N.D.
RSA 2000 cH‑7
Sched. 14 s2;2002 c30 s12
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, 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 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.
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.
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;
                                (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.
                                (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.
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:Â Â Schedule 15 proclaimed in force October 5,
2006.)
Schedule 16
Profession of Opticians
Continuation of
corporation
1 On the coming into force of
this Schedule, the corporation known as the Alberta Opticians Association is
continued as a corporation under the name College of Opticians of Alberta.
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.1)   provisional
optician;
                                 (f)   contact
lens dispenser;
                                (g)   R.O.;
                                (h)   R.C.L.P.
RSA 2000 cH‑7
Sched. 16 s2;2006 c19 s2(18)
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.
Transitional
5 On the coming into force of
this Schedule,
                                (a)   the
members of the council of the Alberta Opticians Association under the Opticians Act continue as members of the
council of the College of Opticians of Alberta under this Act for the same term
of office unless their terms are terminated earlier under this Act;
                                (b)   the
registrar of the Alberta Opticians Association under the Opticians Act continues as the registrar of the College of
Opticians 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 Opticians Association under the Opticians Act continues as the president of the College of
Opticians 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 board under the Opticians Act continue as members of the competence committee of
the College of Opticians of Alberta under this Act for the same term of office
unless their terms are terminated earlier under this Act;
                                (e)   if
a referral has been made under section 20(1)(b) or 46(1) of the Opticians Act or a determination has
been made under section 21(2)(b) of the Opticians
Act that a hearing should be held, and a hearing with respect to the
referral or determination has commenced but not concluded, the members of the
discipline committee under the Opticians
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
6 On the coming into force of
this Schedule, a person who is registered as a member or temporary member under the Opticians
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 Opticians of
Alberta 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. 16 s6;2001 c21 s40
6.1 On the
coming into force of this Schedule,
                                (a)   a person who is registered as a student
member under the Opticians Act is not deemed to be registered as a
regulated member of the College of Opticians of Alberta under this Act, and
                                (b)   an application for registration as a student
member under the Opticians Act that is not concluded does not continue
as an application to become a regulated member under this Act.
2001
c21 s40
Transitional
7(1) On the coming into force of this
Schedule, an application for registration or reinstatement of registration, other than as a
student member, under the Opticians Act that has not been concluded
before the coming into force of this Schedule 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 Opticians Act
are vested in and may be exercised by the registrar of the College of Opticians
of Alberta, and any reference to the registrar in the Opticians Act is deemed to be a reference to the registrar under
this Act;
                                (b)   of
the Universities Co‑ordinating Council under the Opticians Act are vested in and may be exercised by the registrar
of the College of Opticians of Alberta, and any reference to the Universities
Co‑ordinating Council in the Opticians
Act is deemed to be a reference to the registrar under this Act.
(3) For
the purposes of subsection (1), on the coming into force of this Schedule an
approved program in eye glasses dispensing, an approved program in contact lens
dispensing or an approved examination, granted approval by the Universities Co‑ordinating
Council, continue as approved programs or an approved examination under this
Act.
(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 College of Opticians 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. 16 s7;2001 c21 s40
Transitional
8(1) On the coming into force of this
Schedule, a review of a practice that has not been concluded under the Opticians Act 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 Opticians
Act are vested in and may be exercised by the competence committee of the
College of Opticians of Alberta under this Act, and any reference to the
practice review board in the Opticians
Act is deemed to be a reference to the competence committee under this Act;
                                (b)   of
the council under section 45 of the Opticians
Act are vested in and may be exercised by the council of the College of
Opticians of Alberta under this Act, and any reference to the council in
section 45 of the Opticians Act is
deemed to be a reference to the council under this Act.
(3) For
the purposes of subsection (1), if a referral is to be made under section 46 of
the Opticians Act, that referral must
be made as a complaint under section 54 of this Act to the complaints director
of the College of Opticians of Alberta.
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 Opticians Act or with
respect to a referral made under section 46 of the Opticians 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 Opticians Act are vested in and may be exercised by the complaints
director of the College of Opticians of Alberta, and any reference to the chair
of the discipline committee in the Opticians
Act is deemed to be a reference to the complaints director under this Act;
                                (b)   the
discipline committee under the Opticians
Act, except under section 21, are vested in and may be exercised by a
hearing tribunal of the College of Opticians of Alberta, and any reference to
the discipline committee in the Opticians
Act, except in section 21, is deemed to be a reference to a hearing
tribunal under this Act;
                                (c)   of
a preliminary investigator under the Opticians
Act are vested in and may be exercised by the complaints director of the
College of Opticians of Alberta or an investigator appointed under this Act,
and any reference to a preliminary investigator in the Opticians Act is deemed to be a reference to the complaints
director or the investigator under this Act;
                                (d)   of
the registrar under the Opticians Act,
except under sections 23 and 27, are vested in and may be exercised  by the complaints director of the College of
Opticians of Alberta, and any reference to the registrar in the Opticians Act, except in sections 23 and
27, is deemed to be a reference to the complaints director under this Act;
                                (e)   of
the registrar under sections 23 and 27 of the Opticians Act are vested in and may be exercised by the hearings
director of the College of Opticians of Alberta, and any reference to the
registrar in section 23 or 27 of the Opticians
Act is deemed to be a reference to the hearings director;
                                 (f)   of
the discipline committee under section 21 of the Opticians Act are vested in and may be exercised by the complaint
review committee of the College of Opticians of Alberta, and any reference to
the discipline committee in section 21 of the Opticians Act is deemed to be a reference to the complaint review
committee under this Act;
                                (g)   of
the Association under the Opticians Act,
except under sections 26(3) and 38, are vested in and may be exercised by the
College of Opticians of Alberta, and any reference to the Association in the Opticians Act, except in sections 26(3)
and 38, is deemed to be a reference to the College of Opticians of Alberta
under this Act;
                                (h)   of
the Association under section 26(3) of the Opticians
Act are vested in and may be exercised by the hearings director of the
College of Opticians of Alberta, and any reference to the Association in
section 26(3) of the Opticians Act is
deemed to be a reference to the hearings director under this Act;
                                 (i)   of
the Association under section 38 of the Opticians
Act are vested in and may be exercised by the complaints director of the
College of Opticians of Alberta, and any reference to the Association in
section 38 of the Opticians Act is
deemed to be a reference to the complaints director under this Act;
                                 (j)   of
the council in sections 14 to 43 of the Opticians
Act are vested in and may be exercised by the council of the College of
Opticians of Alberta, and any reference to the council in sections 14 to 43 of
the Opticians Act is deemed to be a
reference to the council under this Act.
(4) For
the purposes of subsection (1), a reference to a membership, registration or a
certificate of registration in sections 14 to 51 of the Opticians 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 Opticians 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, 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.
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: Â
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.1)   emergency
medical technologist‑paramedic (critical care paramedic);
                         (d), (e)   repealed
2001 c21 s41;
                                 (f)   EMR;
                                (g)   EMT;
                                (h)   EMT‑P;
                                 (i)   EMT‑P
(CCP).
3 In their practice, emergency
medical technicians, emergency medical technologists and emergency medical
responders do one or more of the following:
                                (a)   assess
an individual’s health status to determine the need, priority and method of
treatment and transportation in order to provide a range of emergency services,
and
                                (b)   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 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;
                                 (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.
Schedule 19
Profession of
Pharmacists
Continuation of
corporation
1 On the coming into force of
this Schedule, the corporation known as the Alberta College of Pharmacists is
continued as a corporation under the same name.
1999 cH‑5.5 Sched.
19 s1;2000 c15 s4(21)
Use of titles, etc.
2 A regulated member of the
Alberta College of Pharmacists 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.
3 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 Pharmacists
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, and
                                 (i)   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
Pharmacists under Part 4.
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 Pharmacists:
                                (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.
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
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
9(1) On the coming into force of this
Schedule, an application for registration or for an annual certificate of
registration as a pharmacist, military practitioner or an academic practitioner
under the Pharmaceutical Profession Act
or as a pharmacy intern 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 Universities Co‑ordinating Council under section 9 of the Pharmaceutical Profession Act are vested
in and may be exercised by the Universities Co‑ordinating Council;
                                (b)   of
the Universities Co‑ordinating Council under sections 13 and 14 of the Pharmaceutical Profession Act are vested
in and may be exercised by the registration committee of the Alberta College of
Pharmacists, and any reference to the Universities Co‑ordinating Council
in sections 13 and 14 of the Pharmaceutical
Profession Act is deemed to be a reference to the registration committee
under this Act;
                                (c)   of
the Registrar under the Pharmaceutical
Profession Act are vested in and may be exercised by the registrar of the
Alberta College of Pharmacists, and any reference to the Registrar in the Pharmaceutical Profession Act is deemed
to be a reference to the registrar under this Act;
                                (d)   of
the Registration Committee under the Pharmaceutical
Profession Act are vested in and may be exercised by the registration
committee of the Alberta College of Pharmacists, and any reference to the
Registration Committee in the Pharmaceutical
Profession Act is deemed to be a reference to the registration committee
under this Act;
                                (e)   of
the Internship Committee under the Pharmaceutical
Profession Act are vested in and may be exercised by the registration
committee of the Alberta College of Pharmacists, and any reference to the
Internship Committee in the regulations under the Pharmaceutical Profession Act is deemed to be a reference to the
registration committee under this Act;
                                 (f)   of
the Council under the Pharmaceutical
Profession Act are vested in and may be exercised by the council of the
Alberta College of Pharmacists under this Act, and any reference to the Council
in the Pharmaceutical Profession Act
is deemed to be a reference to the council under this Act.
(3) A person who is registered or whose application
for an annual certificate is approved under this section is deemed to be
registered, subject to the same conditions appropriate to the applicable
category of regulated member, as a regulated member of, and to have been issued
a practice permit by the registrar of, the Alberta College of Pharmacists under
this Act until the practice permit expires or is cancelled under this Act.
1999 cH‑5.5 Sched.
19 s9;2000 c15 s4(21)
Transitional
10(1) On the coming into force of this
Schedule, a review of a practice of a pharmacist or a restricted practitioner
under Part 6 of the Pharmaceutical
Profession Act that is commenced but not 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 Pharmaceutical
Profession Act are vested in and may be exercised by the competence
committee of the Alberta College of Pharmacists, and any reference to the
Practice Review Committee in the Pharmaceutical
Profession Act is deemed to be a reference to the competence committee
under this Act;
                                (b)   of
the Registrar under the Pharmaceutical
Profession Act are vested in and may be exercised by the complaints
director of the Alberta College of Pharmacists, and any reference to the
Registrar in the Pharmaceutical
Profession Act is deemed to be a reference to the complaints director under
this Act;
                                (c)   of
the Infringement Committee under section 40(2) of the Pharmaceutical Profession Act are vested in and may be exercised by
the complaints director of the Alberta College of Pharmacists, and any
reference to the Infringement Committee in section 40(2) of the Pharmaceutical Profession Act is deemed
to be a reference to the complaints director under this Act;
                                (d)   of
the Infringement Committee under section 41(2) of the Pharmaceutical Profession Act are vested in and may be exercised by
the person or committee designated by the council of the Alberta College of
Pharmacists under this Act, and any reference to the Infringement Committee in
section 41(2) of the Pharmaceutical
Profession Act is deemed to be a reference to that person or committee
designated by the council under this Act;
                                (e)   of
the Council under the Pharmaceutical
Profession Act are vested in and may be exercised by the council of the
Alberta College of Pharmacists under this Act, and any reference to the Council
in the Pharmaceutical Profession Act
is deemed to be a reference to the council under this Act;
                                 (f)   of a person authorized by the Practice
Review Committee under section 27 of the Pharmaceutical
Profession Regulation (AR 322/94) are vested in and may be exercised by a
person appointed by the competence committee of the Alberta College of
Pharmacists under section 11 of Part 1, and any reference to the authorized
person in the Pharmaceutical Profession
Regulation (AR 322/94) is deemed to be a reference to the person appointed
by the competence committee under this Act.
1999 cH‑5.5 Sched.
19 s10;2000 c15 s4(21)
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 under the Pharmaceutical
Profession Act or a referral made under section 49(b) of the Pharmaceutical 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 7(f) of this Schedule, and subsection (5), for the purposes of
subsection (2), the powers and duties
                                (a)   of
the Infringement Committee under the Pharmaceutical
Profession Act are vested in and may be exercised by the complaints
director of the Alberta College of Pharmacists, and any reference to the
Infringement Committee in the Pharmaceutical
Profession Act is deemed to be a reference to the complaints director under
this Act;
                                (b)   of
the Appeals Committee under the Pharmaceutical
Profession Act are vested in and may be exercised by the complaint review
committee of the Alberta College of Pharmacists, and any reference to the
Appeals Committee in the Pharmaceutical
Profession Act is deemed to be a reference to the complaint review
committee under this Act;
                                (c)   of
an Investigating Committee under the Pharmaceutical
Profession Act are vested in and, subject to section 7(f), may be exercised
by a hearing tribunal of the Alberta College of Pharmacists, and any reference
to an Investigating Committee in the Pharmaceutical
Profession Act is deemed to be a reference to a hearing tribunal under this
Act;
                                (d)   of
the Registrar under the Pharmaceutical Profession
Act are vested in and may be exercised by the complaints director of the
Alberta College of Pharmacists, and any reference to the Registrar in the Pharmaceutical Profession Act is deemed
to be a reference to the complaints director under this Act;
                                (e)   of
the Council under the Pharmaceutical
Profession Act are vested in and may be exercised by the council of the
Alberta College of Pharmacists under this Act, and any reference to the Council
in the Pharmaceutical Profession Act
is deemed to be a reference to the council under this Act;
                                 (f)   of
the Practice Review Committee under the Pharmaceutical
Profession Act are vested in and may be exercised by the competence
committee of the Alberta College of Pharmacists under this Act, and any
reference to the Practice Review Committee in the Pharmaceutical Profession Act is deemed to be a reference to the
competence committee under this Act.
(4) For
the purposes of subsection (2), references to a certificate of registration and
annual certificate in the Pharmaceutical
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 Pharmaceutical Profession Act has
commenced hearing an appeal but not made a written decision, the Council 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.
(6) Any decision and order made by an Investigating
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.
19 s11;2000 c15 s4(21)
Transitional
12(1) Any complaint made before the coming
into force of the Pharmaceutical
Profession Act that relates to conduct governed by the Pharmaceutical Association Act, RSA 1980 cP‑7, that occurred
before the coming into force of the Pharmaceutical
Profession Act must be dealt with in accordance with the Pharmaceutical Association Act as
provided for in section 100 of the Pharmaceutical
Profession Act as if this Schedule and Part 4 had not come into force and
the Pharmaceutical Profession Act had
not been repealed.
(2) For
the purposes of subsection (1), the powers and duties of the Council and
Registrar under the Pharmaceutical
Association Act may be exercised and performed by the council and registrar
of the Alberta College of Pharmacists under this Act, and any reference in the Pharmaceutical Association Act to the
Council or Registrar is deemed to be a reference to the council or registrar
under this Act.
(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 Physical
Therapists
Continuation of
corporation
1 On the coming into force of
this Schedule, the corporation known as The College of Physical Therapists of
Alberta is continued as a corporation under the name College of Physical
Therapists of Alberta.
Use of titles, etc.
2 A regulated member of the
College of Physical Therapists of Alberta may, as authorized by the
regulations, use any of the following titles and abbreviations:
                                (a)   physical
therapist;
                                (b)   physiotherapist;
                         (c), (d)   repealed
2001 c21 s43;
                                (e)   physical
therapy intern;
                                 (f)   physiotherapy
intern;
                                (g)   P.T.
RSA 2000 cH‑7
Sched. 20 s2;2001 c21 s43
Practice
3 In their practice, physical
therapists 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, and
                                (c)   provide
restricted activities authorized by the regulations.
Fines
4 Column 3 of the unprofessional
conduct fines table applies to proceedings of the College of Physical
Therapists of Alberta under Part 4.
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
6(1) On the coming into force of this
Schedule, a registered practitioner who is registered on the Special Clinical
Practice Register or on the Courtesy Practitioner Register established in the General Regulation (AR 298/85) under the
Physical Therapy Profession Act and a
person who is a physical therapist registered on the register of physical
therapists under the Physical Therapy
Profession Act are deemed to be registered as regulated members of, and
deemed to have been issued a practice permit by the registrar of, the College
of Physical 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.
(2) On
the coming into force of this Schedule, a corporation that has been issued a
permit under the Physical Therapy Profession
Act is deemed to be a physical therapy corporation under this Act and to
have been issued a permit by the registrar of the College of Physical
Therapists of Alberta under this Act until the 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 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 Universities Co‑ordinating Council under the Physical Therapy Profession Act are vested in and may be exercised
by the Universities Co‑ordinating Council;
                                (b)   of
the Registrar under the Physical Therapy
Profession Act are vested in and may be exercised by the registrar 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 registrar under this Act;
                                (c)   of
the Council of The College of Physical Therapists of Alberta 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;
                                (d)   of
the Registration Committee under the Physical
Therapy Profession Act are vested in and may be exercised by the registration
committee of the College of Physical Therapists of Alberta under this Act, and
any reference to the Registration Committee in the Physical Therapy Profession Act is deemed to be a reference to the
registration committee under this Act.
(3) 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 College of Physical
Therapists 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 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
Physical Therapists of Alberta shall not provide a professional service
                                (a)   for
or on behalf of a person, other than a physical therapy corporation described
in clause (c), who is not a regulated member of the College of Physical
Therapists of Alberta,
                                (b)   for
or on behalf of a partnership unless legal and beneficial ownership of not less
than 75% of the partnership assets is vested in regulated members of the
College of Physical Therapists of Alberta, other than physiotherapy students,
physical therapy students, physical therapy interns and physiotherapy interns,
or in physical therapy corporations described in clause (c), or
                                (c)   for
or on behalf of a physical therapy corporation unless
                                          (i)   the legal and beneficial ownership of
                                                (A)   75% of the issued and outstanding shares of
the corporation, and
                                                 (B)   75% of the issued voting shares of the
corporation
                                                 is vested in
regulated members of the College of Physical Therapists of Alberta, other than
physiotherapy students, physical therapy students, physical therapy interns and
physiotherapy interns, and
                                         (ii)   at least 75% of the directors of the corporation are regulated
members of the College of Physical Therapists of Alberta.
(2) Subsection
(1) does not apply to a regulated member of the College of Physical Therapists
of Alberta or to a physical therapy corporation employed by
                                (a)   an
institution owned, operated or controlled by a government or an agency or
department of a government,
                                (b)   a
nursing home, whether or not it is owned, operated or controlled by a
government or an agency or department of a government,
                                (c)   an
approved hospital as defined in the Hospitals
Act,
                                (d)   a
regional health authority, or
                                (e)   other
employers approved by the council of the College of Physical Therapists of
Alberta.
Record
11 The council must establish a
record of physical therapy corporations.
Requirements for permit
12 The registrar must issue a
permit to a corporation that
                                (a)   files
an application for a permit in the form provided for in the bylaws,
                                (b)   pays
the fees provided for in the bylaws,
                                (c)   satisfies
the registrar that it is a corporation in good standing with the registrar
under the Business Corporations Act,
                                (d)   satisfies
the registrar that the corporation, by law or by virtue of its incorporating
documents, has the capacity to carry on the business and exercise the powers
set out in the bylaws,
                                (e)   satisfies
the registrar that the name of the corporation meets the requirements of the
bylaws,
                                 (f)   satisfies
the registrar that the corporation meets the requirements of section 10(1)(c)
of this Schedule,
                                (g)   satisfies
the registrar that no shareholder or director of the corporation who is a
regulated member 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 college the authority to exercise the voting rights attached to any of the
shareholder’s or director’s shares or of the voting rights of the directors if
to do so would conflict with the requirements of section 10(1)(c) of this
Schedule, and
                                (h)   satisfies
the registrar that the persons who will carry on the practice of physical
therapy on behalf of the corporation are regulated members of the college.
Expiration, etc. of
permit
13(1) A permit issued to a physical
therapy corporation expires on the date provided for in the bylaws.
(2) A
permit may be suspended or cancelled or its renewal withheld by the council
when any of the conditions specified in section 12 no longer continue to exist.
Status of permit to be
in record
14(1) When the registrar issues a permit
to a physical therapy corporation under this Schedule, the registrar must enter
the name of the physical therapy corporation in the record of physical therapy
corporations.
(2) When
a permit issued to a physical therapy corporation expires or is cancelled, the
registrar must record in the record of physical therapy corporations that the
permit expired or was cancelled.
(3) The
registrar shall not remove any information from the record of physical therapy
corporations, except in accordance with the bylaws.
Restriction on voting
trust agreements, etc.
15 No shareholder or director of
a physical therapy corporation who is a regulated member of the College of
Physical Therapists of Alberta 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 College of Physical Therapists of Alberta the authority to
exercise the voting rights attached to any or all of the shareholder’s or
director’s shares or the voting rights of the director if to do so would
conflict with the requirements of section 10(1)(c) of this Schedule.
Grace period
16(1) If a physical therapy corporation
ceases to fulfil any condition specified in section 12(h) by reason only of
                                (a)   the
death of a physical therapist, or
                                (b)   the
cancellation of the registration or practice permit of a physical therapist,
who is a shareholder
or director of the physical therapy corporation, the physical therapy
corporation has a period of 90 days from the date of death, striking off or
other removal or cancellation in which to fulfil the condition, failing which
the permit is automatically cancelled effective on the expiration of the 90‑day
period without the necessity of an order of the council.
(2) In
the event of the death of a physical therapist, 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.
(3) If
the practice permit of a physical therapist, who is a shareholder or director
of the physical therapy corporation, is suspended, that physical therapist may
remain as a shareholder or director of the physical therapy corporation but the
member may not carry out the practice of physical therapy on behalf of the
corporation while the practice permit is suspended.
Notice of change
17 A physical therapy corporation
must advise the registrar in writing of any change in its shareholders,
directors or officers within 60 days of the change.
Schedule 21
Profession of Physicians,
Surgeons,
Osteopaths and Podiatrists
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) On the coming into force of this
Schedule,
                                (a)   the
corporation known as the Alberta Podiatry Association under the Podiatry Act
is dissolved,
                                (b)   the
name of the Alberta Association of Podiatric Medicine, a society incorporated
under the Societies Act, is, despite the Societies Act, changed
to Alberta Podiatry Association,
                                (c)   subject
to subsections (3) and (4), all the assets and liabilities of the Alberta
Podiatry Association referred to in clause (a) are vested in the Alberta
Podiatry Association referred to in clause (b), a society incorporated under
the Societies Act, and
                                (d)   all
rights of action by and against the Alberta Podiatry Association referred to in
clause (a) are vested in and may be continued and maintained by and against the
Alberta Podiatry Association referred to in clause (b), a society incorporated
under the Societies Act.
(3) On
the coming into force of this Schedule the College of Physicians and Surgeons
of Alberta has the ownership, custody and control of records of the Alberta
Podiatry Association respecting the following:
                                (a)   current
and former complaints and allegations of professional misconduct or
incompetence made against members of the Alberta Podiatry Association under the
Podiatry Act and proceedings taken under the Podiatry Act in respect of those complaints and allegations,
                                (b)   current
and former applications for membership in the Alberta Podiatry Association
under the Podiatry Act and the educational qualifications of applicants
for membership in, and of members of, the Alberta Podiatry Association under
the Podiatry Act,
                                (c)   members
and former members of the Alberta Podiatry Association under the Podiatry
Act and any registers or other material relating to membership and
conditions, restrictions or limitations on membership, and
                                (d)   decisions
and orders made with respect to members or former members of the Alberta
Podiatry Association under sections 17 and 18 of the Podiatry Act.
(4) On
the coming into force of this Schedule, the College of Physicians and Surgeons
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.
(5) 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 Physicians and Surgeons of Alberta has the ownership,
custody and control of records of the Board of Examiners in Podiatry described
in subsection (4), and the records must be given to the College of Physicians
and Surgeons of Alberta.
(6) The
Minister may request and collect information and records described in
subsection (4) from the College of Physicians and Surgeons 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.
(7) The Alberta Podiatry Association
referred to in subsection (2)(b), a society incorporated under the Societies
Act, may request and collect information and records described in
subsections (3) and (4) from the College of Physicians and Surgeons 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 Alberta Podiatry
Association referred to in subsection (2)(b), a society incorporated under the Societies
Act, may disclose the information or records collected, as it considers
appropriate, in carrying out those purposes.
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)   podiatrist;
                                (h)   podiatric
medical practitioner;
                                 (i)   podiatric
surgeon;
                                 (j)   podiatric
orthopedist;
                                (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)   community
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)   doctor
of podiatric medicine;
                               (lll)   podiatric
physician;
                         (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)   D.P.M.
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.
(2) 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.
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, osteopaths or
podiatrists 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.
Standing Committee on
Podiatry
6(1) There is hereby established a
committee of the College of Physicians and Surgeons of Alberta called the
Standing Committee on Podiatry consisting of the following members appointed by
the council:
                                (a)   3
regulated members who are podiatrists, one of whom must be designated as chair
of the Committee, and
                                (b)   2
regulated members who are physicians, surgeons or osteopaths, one of whom is a
member of the council of the College of Physicians and Surgeons of Alberta.
(2) Subject
to subsection (3), the council of the College of Physicians and Surgeons of
Alberta must not discuss or vote on any matter specifically pertaining to the
practice of podiatry, to podiatrists as a category, or to a particular
podiatrist or category of podiatrists, unless
                                (a)   the
matter is discussed or voted on at a meeting of the council of which the
Standing Committee on Podiatry has been notified in accordance with the bylaws,
and
                                (b)   the
chair of the Standing Committee on Podiatry, or another member of the Committee
who is a podiatrist and is designated for the purpose by the chair, is
permitted by the council
                                          (i)   to participate in the discussion of the matter before a vote is
taken on it, and
                                         (ii)   if the Standing Committee on Podiatry has prepared a report and
recommendations on the matter, to present the report and recommendations before
a vote is taken on the matter.
(3) Subsection
(2) does not apply to proceedings of the council under Part 4 relating to a
podiatrist.
RSA 2000 cH‑7 Sched. 21 s6;2005 c13 s4(14)
Podiatrist
representation on council, committees, etc.
7 In accordance with the bylaws,
                                (a)   if
no regulated member who is a podiatrist is elected as a member of the council
of the College of Physicians and Surgeons of Alberta, one regulated member who
is a podiatrist must be appointed as a member of the council;
                                (b)   at
least one regulated member who is a podiatrist must be appointed as a member of
any committee, tribunal or panel of the College of Physicians and Surgeons of
Alberta when any of those bodies
                                          (i)   considers or hears a matter affecting, or makes a decision about,
a podiatrist, whether related to professional conduct, competence or any other
matter, or
                                         (ii)   considers or makes a decision on an application for registration
or renewal of registration, or an application for or renewal of a practice
permit, of a podiatrist;
                                (c)   the
registrar must consult with the Standing Committee on Podiatry before making
decisions on the registration of a regulated member as a podiatrist under
section 16 of this Schedule.
RSA 2000 cH‑7 Sched. 21 s7;2005 c13 s4(14)
Accreditation of
facilities
8(1) This section applies to all
facilities in which regulated members of the College of Physicians and Surgeons
of Alberta provide or cause to be provided diagnostic or treatment services,
but does not apply to
                                (a)   an
approved hospital within the meaning of the Hospitals
Act,
                                (b)   a
hospital operated by the federal government,
                                (c)   a
health care facility operated by the federal government or the Government of
Alberta,
                                (d)   a
hospital, clinic or centre operated by the Alberta Alcohol and Drug Abuse
Commission, or
                                (e)   a
facility within the meaning of the Mental
Health Act or a diagnostic and treatment centre established for the purpose
of section 49(b) of the Mental Health Act.
(2) The
council may, for the protection of the public and to promote the continuing
competent and ethical practice of physicians, surgeons, osteopaths and
podiatrists, grant accreditation to or continue the accreditation of a facility
where regulated members of the College of Physicians and Surgeons of Alberta
provide or propose to provide diagnostic or treatment services, including
prescribing and administering drugs and conducting surgical procedures, with or
without anesthetic, as specified in the regulations, that are of a specialized
nature and that, in the opinion of the council,
                                (a)   cannot
be safely provided in a medical office or clinic, but
                                (b)   can
be safely provided outside an approved hospital within the meaning of the Hospitals Act.
(3) A
regulated member of the College of Physicians and Surgeons of Alberta shall not
provide or cause to be provided diagnostic or treatment services in a facility
that, in the opinion of council, requires accreditation under this section
unless accreditation has been granted to that facility by the council.
(4) The
council may make regulations respecting
                                (a)   the
establishment and operation, including the requirement for medical directors,
of facilities that require or are granted accreditation under this section;
                                (b)   the
provision of diagnostic or treatment services by regulated members of the
College of Physicians and Surgeons of Alberta in facilities that require or are
granted accreditation under this section;
                                (c)   subject
to sections 97 to 100 of this Act, the ownership of the practice of physicians,
surgeons, osteopaths and podiatrists and the financial and contractual
arrangements with respect to the provision of diagnostic or treatment services
by the regulated members in facilities that require or are granted
accreditation under this section;
                                (d)   the
diagnostic or treatment services that may be provided by regulated members of
the College of Physicians and Surgeons of Alberta in a facility that requires
or has been granted accreditation under this section.
(5) A
regulation under subsection (4) does not come into force unless it is approved
by the Lieutenant Governor in Council.
(6) The
council may establish a medical facility assessment committee to investigate
and inspect facilities and proposed facilities in which regulated members of
the College of Physicians and Surgeons of Alberta offer or propose to offer
diagnostic or treatment services described in subsection (2) or (4)(d) for the
purpose of advising the council on the practice of physicians, surgeons,
osteopaths and podiatrists conducted by those regulated members, including
advice respecting
                                (a)   the
ownership and operation or the proposed ownership and operation of the practice
of physicians, surgeons, osteopaths and podiatrists in the facilities;
                                (b)   the
financial and contractual arrangements for the provision of diagnostic or
treatment services in the facilities;
                                (c)   the
diagnostic or treatment services appropriate to be provided in the facilities;
                                (d)   the
standard of care appropriate and required for the provision of the diagnostic
or treatment services in the facilities;
                                (e)   whether
the results of any inspection of a facility were satisfactory;
                                 (f)   establishing
the standard of care to be provided or that is being provided to patients in
the facilities;
                                (g)   the
granting of accreditation or the continuation of a grant of accreditation of a
facility under this section.
(7) The
medical facility assessment committee must, on completion of an inspection
under subsection (6), provide a report of its findings to the council and to
the medical director of the facility.
(8) If
the medical facility assessment committee provides a report to the council
stating that an accredited facility or a proposed accredited facility does not
meet the requirements established in the regulations, the medical facility
assessment committee must also provide a copy of the report to the medical
director of the facility, who may appeal the report to the council.
(9) An
appeal by the medical director of a facility must be by a written notice of
appeal and must
                                (a)   identify
the report appealed from, and
                                (b)   state
the reasons for the appeal.
(10) A
notice of appeal must be given to the registrar by the medical director of the
facility within 15 days after the date that the report was given to the medical
director of the facility.
(11) The
registrar must, on receiving a notice of appeal, provide a copy of the notice
of appeal and the report of the medical facility assessment committee to each
member of the council or of its delegates.
(12) The
council must schedule an appeal hearing within 30 days after the date the
registrar is given the notice of appeal, and the registrar must, as soon as
possible, notify the medical director of the facility of the date, time and
place of the appeal hearing.
(13) The
chair of the medical facility assessment committee and the medical director of
the facility may appear and be represented by counsel at the appeal hearing.
(14) An
appeal to the council must be based on the report of the medical facility
assessment committee.
(15) An
appeal hearing must be open to the public unless an application is granted in
accordance with section 78 of this Act.
(16) Sections
84 and 85 of this Act apply to the record resulting from the appeal.
(17) The
council may
                                (a)   grant
adjournments of the proceedings to, or reserve the determination of the matters
before it for, a future meeting of the council,
                                (b)   on
granting special leave, receive further evidence,
                                (c)   vary,
quash or confirm the findings of the medical facility assessment committee,
                                (d)   make
any other finding that in its opinion ought to have been made, and
                                (e)   order
that the matter be referred back to the medical facility assessment committee
for further assessment and that the medical facility assessment committee
report back to the council for the council’s consideration on the appeal.
(18) The
council must issue its decision at or within a reasonable time after the
conclusion of all proceedings under subsections (6) to (17).
(19) For
the purposes of Part 4, it is unprofessional conduct for a regulated member of
the College of Physicians and Surgeons of Alberta
                                (a)   to
provide or cause to be provided diagnostic or treatment services in a facility
that requires accreditation under this section but is not accredited;
                                (b)   to
provide or cause to be provided diagnostic or treatment services that are not
allowed in the accreditation granted pursuant to the regulations under this
section;
                                (c)   on and after the coming into force of the Health
Care Protection Act, to provide or cause to be provided diagnostic or
treatment services in a surgical facility that is not designated as required
under Part 2 of the Health Care Protection Act.
9(1) Despite Part 1, the competence
committee of the College of Physicians and Surgeons of Alberta is hereby
established and may be called the Performance Committee, and it must have at
least 5 members and not more than 9 members consisting of
                                (a)   members
from the categories of regulated members required by the bylaws, and
                                (b)   one
member of the public who is not a physician, surgeon, osteopath or podiatrist.
(2) The
council must designate annually a member of the Performance Committee to act as
chair.
(3) If
the Performance Committee establishes a subcommittee under section 10(2) of
this Schedule to conduct a practice visit under section 11(2)(b) of this
Schedule, at least one member of the subcommittee must possess competence
respecting the area of practice under assessment.
RSA 2000 cH‑7 Sched. 21 s9;2005 c13 s4(14)
Operation of Performance
Committee
10(1) The Performance Committee may adopt
the bylaws of the council for the conduct of its business or, with the approval
of the council, may establish its own rules and procedures.
(2) The
Performance Committee may establish one or more subcommittees consisting of one
or more persons who are not members of the Performance Committee to perform the
duties and functions and exercise the powers of the Performance Committee.
(3) Any
decision or other action made or taken under this Act by a subcommittee of the
Performance Committee is the decision or action of the Performance Committee.
(4) Members
of the Performance Committee or a subcommittee established under subsection (2)
may be paid fees for attendance and reasonable travelling expenses in
accordance with the bylaws.
General assessments of
competence
11(1) The Performance Committee may, in
accordance with the regulations, conduct a general assessment of the competence
of each regulated member of the College of Physicians and Surgeons of Alberta
once every 5 years.
(2) Within
90 days after completing a general assessment of a regulated member, the
Performance Committee must prepare a report containing its findings, give a
copy of the report to the regulated member and direct that
                                (a)   no
further specified action be taken,
                                (b)   the
regulated member participate in a practice visit, or
                                (c)   the
regulated member undertake further specified action.
(3) Part
3 and the regulations under Part 8 apply to the practice visit and action
referred to in subsections (2)(b) and (c) and (4)(b), but if there is a
conflict between subsection (4) or (5) and Part 3 and the regulations under
Part 8, subsections (4) and (5) prevail.
(4) Within
90 days after completing a practice visit, the Performance Committee must
prepare a report containing its findings, give a copy of the report to the
regulated member and
                                (a)   direct
that no further specified action be taken,
                                (b)   direct
that the regulated member undertake further specified action, or
                                (c)   refer
the matter to the complaints director.
(5) The
Performance Committee must refer a matter to the complaints director as
information under section 56 or 118 of this Act if the Performance Committee is
of the opinion that the regulated member
                                (a)   may
be guilty of unprofessional conduct or criminal conduct, whether in a
professional capacity or otherwise,
                                (b)   may
be incapacitated, or
                                (c)   displays
a lack of skill or judgment in carrying out the professional practice that has
not been remedied by participation in a continuing competence program.
(6) The
council may make regulations respecting general assessments.
(7) A
regulation under subsection (6) does not come into force unless it is approved
by the Lieutenant Governor in Council.
RSA 2000 cH‑7 Sched. 21 s11; 2005 c13 s4(14)
Appeal to Appeal
Committee
12(1) An Appeal Committee is hereby
established consisting of the members provided for by the bylaws.
(2) A
regulated member who receives a direction from the Performance Committee under
section 11(2) or (4) of this Schedule
                                (a)   may
appeal to the Appeal Committee by filing a notice of appeal with the registrar
within 30 days after the date of being given the direction, and the registrar
must give a copy of the notice of appeal to the Performance Committee, and
                                (b)   may
apply in writing to the president to stay the decision of the Performance
Committee pending the appeal, and the president must decide, as soon as
possible, whether to grant a stay.
(3) A
notice of appeal under subsection (2) must
                                (a)   be
in writing, and
                                (b)   set
out the grounds for the appeal.
(4) On
being given a copy of a notice of appeal by the registrar, the Performance
Committee must prepare a report including a copy of the notice of appeal and
must forward to the Appeal Committee the report and a statement of any
direction given to the regulated member.
(5) The
Appeal Committee must schedule the hearing of the appeal within 30 days after
being given the notice of appeal, and the registrar must, as soon as possible,
notify the appellant of the date, time and place of the appeal hearing.
(6) The
Appeal Committee must consider the report and direction and must
                                (a)   hear
any representation that the regulated member or the regulated member’s counsel
wishes to make respecting the report and directions, and
                                (b)   hear
any representation by counsel representing the Performance Committee.
(7) The
Appeal Committee may
                                (a)   confirm,
reverse or vary the direction appealed and make any direction that the
Performance Committee could have made, and
                                (b)   make
any further order the Appeal Committee considers necessary for the purposes of
carrying out its decision.
(8) The
regulated member must comply with the decision of the Appeal Committee or any
further order of the Appeal Committee under subsection (7).
Confidentiality of
information
13(1) A member of the Performance
Committee, its subcommittees or the Appeal Committee and any person appointed
under section 11 of Part 1 shall not publish, release or disclose in any manner
information obtained in the course of carrying out any powers and duties under
sections 11 and 12 of this Schedule and Part 3 except as is necessary to carry
out those powers and duties.
(2) Information
obtained by a regulated member from the Performance Committee or the Appeal
Committee during or after a general assessment, practice visit or appeal shall
not be published, released or disclosed by the regulated member in any manner
unless the information is
                                (a)   published,
released or disclosed in accordance with a direction of the Performance
Committee or a decision of the Appeal Committee, or
                                (b)   released
or disclosed to the counsel of the regulated member in connection with
proceedings under section 11 or 12 of this Schedule or Part 3.
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, but may be
referred to as the Performance Committee;
                                 (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.
RSA 2000 cH‑7 Sched. 21 s14; 2005 c13 s4(14)
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) 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 Physicians and Surgeons 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 cancelled under this Act.
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)   of
the Universities Co‑ordinating Council 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 Universities Co‑ordinating Council in the Medical Profession Act is deemed to be a
reference to the registrar under this Act;
                                (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) 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.
(4) A
decision of the registrar under subsection (3) may be appealed to the council
of the College of Physicians and Surgeons of Alberta in accordance with
sections 31 and 32 of this Act.
(5) For
the purposes of subsection (3), 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 Physicians and Surgeons 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
Physicians and Surgeons 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.
RSA 2000 cH‑7 Sched. 21 s16; 2005 c13 s4(14)
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.
(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
Performance 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 Performance 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 an Appeal Committee 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 Appeal Committee 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)
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,
                                (b)   a
person who was a member of the Alberta Podiatry Association under the Podiatry
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
                                (c)   a
regulated member of the College of Physicians and Surgeons of Alberta who was a
registered practitioner under the Medical
Profession Act or a member of the Alberta Podiatry Association under the Podiatry
Act when the conduct that was the subject of the complaint was alleged to
have occurred.
(3) In
dealing with a complaint about a podiatrist under subsection (2)(b), the
podiatrist is deemed to have been a regulated member of the College of
Physicians and Surgeons of Alberta when the conduct that was the subject of the
complaint is alleged to have occurred.
(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) 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.
(10) Subject
to subsection (11), for the purposes of subsection (9), 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
Physicians and Surgeons 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 Physicians and Surgeons of Alberta, and any reference to the Council in the Podiatry Act is deemed to a reference to
the hearing tribunal under this Act;
                                (c)   of
the Association under the Podiatry Act
are vested in and may be exercised by the College of Physicians and Surgeons 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 Physicians and Surgeons of Alberta.
(11) 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.
(12) For
the purposes of subsections (9) and (11), 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.
(13) 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 Physicians and Surgeons of Alberta, and may be amended or cancelled by the
council under this Act.
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.
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;
                                (c)   provide restricted activities authorized by
the regulations.
RSA 2000 cH‑7 Sched. 22 s3;2003 c39 s11
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.
                                (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.
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:Â Â 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;
                                (c)   registered
nutritionist;
                                (d)   repealed
2001 c21 s45;
                                (e)   R.D.
RSA 2000 cH‑7
Sched. 23 s2;2001 c21 s45
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, and
                                (d)   provide
restricted activities authorized by the regulations.
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:Â Â Schedule 23
proclaimed in force May 1, 2002.)
Schedule 24
Profession of
Registered Nurses
Continuation of
corporation
1 On the coming into force of
this Schedule, the corporation known as the Alberta Association of Registered
Nurses is continued as a corporation under the name College and Association of
Registered Nurses of Alberta.
RSA 2000 cH‑7
Sched. 24 s1;2003 c39 s12
Use of titles, etc.
2 A regulated member of the
College and Association 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;
                                (e)   RN;
                                 (f)   CGN;
                                (g)   NP.
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 and Association of
Registered Nurses of Alberta under Part 4.
RSA 2000 cH‑7 Sched.
24 s4;2003 c39 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
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
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;
                                 (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 and Association 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
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 chartered accountant appointed for that purpose by the
Board.
(2) The
fiscal year of the Trust is the calendar year unless the Board, by bylaw,
establishes another period as the fiscal year.
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:Â Â Schedule 24 proclaimed in force November 30,
2005.)
Schedule 25
Profession of
Registered Psychiatric and
Mental Deficiency 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)   mental
deficiency nurse;
                                (d)   registered
mental deficiency nurse;
                                (e)   repealed
2001 c21 s47;
                                 (f)   RPN;
                                (g)   PN;
                                (h)   repealed
2001 c21 s47;
                                 (i)   MDN;
                                 (j)   RMDN.
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) In
their practice, mental deficiency nurses, with a focus on developmentally
challenged individuals, apply nursing knowledge, skill and judgment and do one
or more of the following:
                                (a)   work
with individuals of all ages, families, groups and communities,
                                (b)   assess
physical, mental, emotional and spiritual health needs,
                                (c)   develop
diagnoses and plan, implement and evaluate nursing care, and
                                (d)   provide
restricted activities authorized by the regulations.
RSA 2000 cH‑7
Sched. 25 s3;2003 c39 s13
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.
Transitional
5 On the coming into force of
this Schedule,
                                (a)   the
members of the Council of the Registered Psychiatric Nurses Association of
Alberta under the Health Disciplines Act
continue as members of the council of the College of Registered Psychiatric
Nurses 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 Psychiatric Nurses under the Health Disciplines Act continues as the
registrar of the College of Registered Psychiatric Nurses under this Act for
the same term of office unless the term is terminated earlier under this Act;
                                (c)   the
president of the Registered Psychiatric Nurses Association of Alberta under the
Health Disciplines Act continues as
the president of the College of Registered Psychiatric Nurses 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 Psychiatric Nurses Regulation (AR
509/87) continue as members of the registration committee of the College of
Registered Psychiatric Nurses of Alberta 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,
                                          (i)   the members of the committee, as defined in section 27 of the Health Disciplines Act, with respect to
the designated health discipline of Psychiatric Nurses, and
                                         (ii)   the members of the committee, as defined in section 27 of the Health Disciplines Act, with respect to
the designated health discipline of Mental Deficiency Nurses,
                                         continue as members of the
respective committees for the purposes of the respective hearings until the
hearing is concluded, including the making of a decision and order, 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 disciplines of Psychiatric Nurses
and Mental Deficiency Nurses.
Transitional
6 On the coming into force of
this Schedule, a person who is registered as a member of the designated health
discipline of Psychiatric Nurses or Mental Deficiency 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 Registered Psychiatric 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 Psychiatric
Nurses or Mental Deficiency 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 under the Health Disciplines Act are vested in and may be exercised by the
registrar of the College of Registered Psychiatric Nurses of Alberta, 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;
                                (b)   of
the Registration Committee of the Registered Psychiatric Nurses Association of
Alberta under the Health Disciplines Act
are vested in and may be exercised by the registration committee of the College
of Registered Psychiatric Nurses 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 Registered Psychiatric 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;
                                (d)   of
the registrar of the designated health discipline of Psychiatric Nurses or
Mental Deficiency Nurses under the Health
Disciplines Act are vested in and may be exercised by the complaints
director of the College of Registered Psychiatric Nurses of Alberta, and any
reference to the registrar in the Health
Disciplines Act is deemed to be a reference to the complaints director
under this Act.
(3) On
the coming into force of this Schedule, a program of studies, an examination or
a refresher program approved by the Health Disciplines Board under the Psychiatric Nurses Regulation (AR
509/87) continue as an approved program of studies, examination or 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 of Registered Psychiatric
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 Psychiatric Nurses or Mental Deficiency 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 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 Registered Psychiatric
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 Registered Psychiatric Nurses 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 Registered Psychiatric Nurses of Alberta,
and any reference to the chair in Part 4 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
Registered Psychiatric 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 conduct and competency committee of the Registered Psychiatric Nurses
Association of Alberta and of the Mental Deficiency Nurse 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 Registered Psychiatric 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 conduct and competency committee of the Registered Psychiatric Nurses
Association of Alberta and of the Mental Deficiency Nurse 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 Registered Psychiatric 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 Registered Psychiatric 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;
                                (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 Registered Psychiatric 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 Registered
Psychiatric 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
disciplines of Psychiatric Nurses and Mental Deficiency 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 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:Â Â Schedule 25
proclaimed in force November 25, 2005.)
Schedule 26
Profession of
Respiratory Therapists
College and records
1(1) On the coming into force of this
Schedule, the corporation known as the Alberta College and Association of
Respiratory Therapy is continued as a corporation under the name College and
Association of Respiratory Therapists of Alberta.
(2) 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, and
                                (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.
(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 and Association of Respiratory Therapists of Alberta has
the ownership, custody and control of records described in subsection (2), and
the records must be given to the College and Association of Respiratory
Therapists of Alberta.
(4) The
Minister may request and collect information and records described in
subsection (2) 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.
RSA 2000 cH‑7 Sched. 26 s1;2006 c19 s2(21)
Use of titles, etc.
2 A regulated member of the
College and Association 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;
                                (c)   respiratory
technologist;
                             (c.1)   provisional
respiratory therapist;
                                (d)   R.R.T.
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, 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 and Association of
Respiratory Therapists of Alberta under Part 4.
RSA 2000 cH‑7
Sched. 26 s4;2006 c19 s2(21)
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
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
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)
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;
                                (d)   S.W.;
                                (e)   R.S.W.;
                                 (f)   Soc. Wkr.
1999 cH‑5.5 Sched.
27 s2;2000 c15 s4(22)
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
                                (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 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.
(NOTE:Â Â
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:Â Â Schedule 28 proclaimed in
force July 1, 2002.)
