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Second Session, Thirty-Seventh Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.
It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications.

Bill 42

THE REGULATED HEALTH PROFESSIONS STATUTES AMENDMENT ACT


Explanatory Note

(Assented to                                       )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. D30 amended

1(1)        The Dental Association Act is amended by this section.

1(2)        Section 1 is amended by repealing the definitions "senate" and "university".

1(3)        Section 13 is repealed.

1(4)        Section 14 is replaced with the following:

Qualifications for registration

14(1)       A person is qualified to be registered as a dentist if the person

(a) is a graduate of an accredited dental education program;

(b) passes any examinations that the board may require;

(c) establishes that his or her name has not been removed for cause from a register, in Canada or elsewhere, of persons authorized to engage in the practice of dentistry;

(d) establishes that he or she has not been suspended as a result of professional misconduct by a regulatory authority governing the practice of dentistry in Canada or elsewhere; and

(e) meets any other requirements set out in the by-laws.

Approval despite prior suspension etc.

14(2)       Despite clauses (1)(c) and (d), a person is not disqualified solely because his or her registration as an dentist has previously been revoked or suspended.

C.C.S.M. c. D75 amended

2           Clause 5(1)(e) of The Registered Dietitians Act is amended by striking out "voluntary continuing education" and substituting "continuing competence".

C.C.S.M. c. O70 amended

3(1)        The Optometry Act is amended by this section.

3(2)        Section 11 is replaced with the following:

Registration of optometrists

11(1)       The board of examiners shall approve a person's application for registration as an optometrist if, in making application for registration, the person

(a) meets the competency requirements approved by the council;

(b) establishes that his or her name has not been removed for cause from a register, in Canada or elsewhere, of persons authorized to engage in the practice of optometry;

(c) establishes that he or she has not been suspended as a result of professional misconduct by a regulatory authority governing the practice of optometry in Canada or elsewhere;

(d) pays the fees and dues provided for in the by-laws; and

(e) has any other qualifications set out in the regulations.

Approval despite prior suspension, etc.

11(2)       Notwithstanding subsection (1), the board of examiners is not precluded from approving a person for registration solely because the person's registration as an optometrist has previously been revoked or suspended.

Conditions

11(3)       An approval may be made subject to any conditions that the board of examiners considers advisable.

Entry in register and certificate of registration

11(4)       The registrar shall enter in a register the name of a person whose application for registration is approved by the board, and shall issue a certificate of registration to the person.

C.C.S.M. c. P60 amended

4(1)        The Pharmaceutical Act is amended by this section.

4(2)        Section 8 is amended by adding the following after clause (e):

(f) any other registers that are provided for in the regulations.

4(3)        Subsection 10(1) is amended

(a) in clause (a), by replacing subclause (ii) with the following:

(ii) the applicant has passed any examination or assessment approved by the council;

(b) in clause (b), by striking out "is a resident of Canada and";

(c) clause (c) is replaced with the following:

(c) establishes that his or her name has not been removed for cause from a register, in Canada or elsewhere, of persons authorized to engage in the practice of pharmacy;

(d) clause (d) is replaced with the following:

(d) establishes that he or she has not been suspended as a result of professional misconduct, by a regulatory authority governing the practice of pharmacy in Canada or elsewhere;

4(4)        The following is added after subsection 10(1):

Conditions

10(1.1)     An approval may be made subject to any conditions that the board of examiners considers advisable.

4(5)        Subsection 10(2) is amended by striking out "in the register" and substituting "in a register".

4(6)        Clause 15(1)(a) is amended by striking out "the faculty of pharmacy of the University of Manitoba" and substituting "a faculty of pharmacy approved by the council".

C.C.S.M. c. P190 amended

5(1)        The Psychologists Registration Act is amended by this section.

5(2)        The definition "member" in section 1 is amended by striking out "as a psychologist".

5(3)        The following is added after subsection 5(1):

Composition of council

5(1.1)      A member must be registered as a psychologist in order to be eligible to be elected or appointed to council.

5(4)        The following is added after section 5:

Registers

5.1         The association shall maintain the following registers:

(a) a register of psychologists;

(b) a register of psychological associates;

(c) any other registers that are provided for in the regulations.

5(5)        Subsection 6(1) is amended

(a) by repealing clause (a);

(b) by replacing clause (b) with the following:

(b) respecting registration, including establishing the qualifications, clinical competencies, experience and other requirements to be met by applicants for registration and renewal of registration under this Act;

(c) by adding the following after clause (b):

(b.1) respecting the establishment, content and maintenance of registers;

(b.2) establishing classes of members and governing the rights, privileges and obligations of each class;

(b.3) restricting or limiting the psychological services that may be provided by members of any class of membership;

(d) clause (c) is replaced with the following:

(c) prescribing the fees payable by members and by applicants for registration and renewal of registration or the manner of determining such fees;

5(6)        Section 8 is amended by striking out ", in consultation with The University of Manitoba,".

5(7)        Section 9 is replaced with the following:

Definition

9(1)        In this section, "foreign jurisdiction" means a country other than Canada, or a jurisdiction within a country other than Canada.

Qualifications of psychologist

9(2)        The council shall approve an application for registration as a psychologist if the applicant

(a) has received from an educational institution approved by the council a doctoral degree based upon a program of studies the content of which was primarily psychological;

(b) has passed any examination the council may require; and

(c) meets any other requirements set out in the regulations.

Psychologist authorized to practise elsewhere

9(3)        An applicant who is authorized to practise as a psychologist in another Canadian province or a foreign jurisdiction may be admitted for registration as a psychologist if he or she meets the requirements provided in clauses (2)(a) and (c).

Qualifications of psychological associate

9(4)        The council shall approve an application for registration as a psychological associate if the applicant

(a) has received from an educational institution approved by the council a graduate degree based upon a program of studies the content of which was primarily psychological;

(b) has passed any examination the council may require; and

(c) meets any other requirements set out in the regulations.

Psychological associate authorized to practise elsewhere

9(5)        An applicant who is authorized to practise as a psychological associate in another Canadian province or a foreign jurisdiction may be admitted for registration as a psychological associate if he or she meets the requirements provided in clauses (4)(a) and (c).

Conditions on registration

9.1(1)      In issuing or renewing a registration, the council may place conditions or restrictions on the member's registration and require the member to practise only in accordance with those conditions and restrictions.

Cancellation if conditions not complied with

9.1(2)      The council may cancel the registration of a member who fails to practise in accordance with the conditions or restrictions on his or her registration.

5(8)        The following is added after subsection 11(2):

Use of title "psychological associate"

11.1(1)     No person except a psychological associate shall use the title "psychological associate", a variation or abbreviation of that title, or an equivalent in another language.

Restriction re title of psychologist does not apply

11.1(2)     Nothing in subsection 11(1) shall be construed as limiting a psychological associate from using a title permitted in subsection (1).

5(9)        Section 15 is amended by adding "or psychological associate" after "registered psychologist".

C.C.S.M. c. R115 amended

6           Clause 5(1)(f) of The Registered Respiratory Therapists Act is amended by striking out "voluntary" and substituting "mandatory".

Coming into force

7           This Act comes into force on the day it receives royal assent.

Explanatory Note

This Bill makes amendments to six health profession statutes relating to labour-mobility under the Agreement on Internal Trade.

The statutes amended are:

  • The Dental Association Act
  • The Registered Dietitians Act
  • The Optometry Act
  • The Pharmaceutical Act
  • The Psychologists Registration Act
  • The Registered Respiratory Therapists Act