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The Regulated Health Professions Statutes Amendment Act

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If you need an official copy, contact Statutory Publications.

S.M. 1998, c. 32

THE REGULATED HEALTH PROFESSIONS STATUTES AMENDMENT ACT


 

(Assented to June 29, 1998)

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

THE CHIROPODISTS ACT

C.C.S.M. c. C90 amended

1 The Chiropodists Act is amended by adding the following after section 28:

Confidentiality of information

28.1(1)   Every person employed, appointed or retained for the purpose of administering this Act, and every member of the council or a committee of the council, shall preserve secrecy about all information that comes to his or her knowledge in the course of his or her duties, and shall not communicate any information to any other person, except

(a) to the extent the information is available to the public under this Act;

(b) in connection with the administration of this Act, including, but not limited to, the registration of members, complaints about members, allegations of members' incapacity, unfitness, incompetence or acts of professional misconduct, or the governing of the profession;

(c) to a body that governs the practice of a health profession pursuant to an Act of the Legislature, to the extent the information is required for that body to carry out its mandate under the Act; or

(d) to a body that governs the practice of chiropody in a jurisdiction other than Manitoba.

Offence

28.1(2)   A person who contravenes subsection (1) is guilty of an offence and is liable, on summary conviction, to a fine of not more than $50,000.

THE CHIROPRACTIC ACT

C.C.S.M. c. C100 amended

2 The Chiropractic Act is amended by adding the following after section 53:

Confidentiality of information

53.1(1)   Every person employed, appointed or retained for the purpose of administering this Act, and every member of the board or a committee of the board, shall preserve secrecy about all information that comes to his or her knowledge in the course of his or her duties, and shall not communicate any information to any other person, except

(a) to the extent the information is available to the public under this Act;

(b) in connection with the administration of this Act, including, but not limited to, the registration of members, complaints about members, allegations of members' incapacity, unfitness, incompetence or acts of professional misconduct, or the governing of the profession;

(c) to a body that governs the practice of a health profession pursuant to an Act of the Legislature, to the extent the information is required for that body to carry out its mandate under the Act;

(d) to a body that governs the practice of chiropractic in a jurisdiction other than Manitoba; or

(e) as may be required for the administration of The Health Services Insurance Act.

Offence

53.1(2)   A person who contravenes subsection (1) is guilty of an offence and is liable, on summary conviction, to a fine of not more than $50,000.

THE DENTAL ASSOCIATION ACT

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

3 The Dental Association Act is amended by adding the following after section 36:

Confidentiality of information

36.1(1)   Every person employed, appointed or retained for the purpose of administering this Act, and every member of the board or a committee of the board, shall preserve secrecy about all information that comes to his or her knowledge in the course of his or her duties, and shall not communicate any information to any other person, except

(a) to the extent the information is available to the public under this Act;

(b) in connection with the administration of this Act, including, but not limited to, the registration of members, complaints about members, allegations of members' incapacity, unfitness, incompetence or acts of professional misconduct, or the governing of the profession;

(c) to a body that governs the practice of a health profession pursuant to an Act of the Legislature, to the extent the information is required for that body to carry out its mandate under the Act;

(d) to a body that governs the practice of dentistry in a jurisdiction other than Manitoba; or

(e) as may be required for the administration of The Health Services Insurance Act or The Prescription Drugs Cost Assistance Act.

Offence

36.1(2)   A person who contravenes subsection (1) is guilty of an offence and is liable, on summary conviction, to a fine of not more than $50,000.

THE DENTURISTS ACT

C.C.S.M. c. D35 amended

4 The Denturists Act is amended by adding the following after section 21:

Confidentiality of information

21.1(1)   Every person employed, appointed or retained for the purpose of administering this Act, and every member of the board or a committee of the board, shall preserve secrecy about all information that comes to his or her knowledge in the course of his or her duties, and shall not communicate any information to any other person, except

(a) to the extent the information is available to the public under this Act;

(b) in connection with the administration of this Act, including, but not limited to, the registration of members, complaints about members, allegations of members' incapacity, unfitness, incompetence or acts of professional misconduct, or the governing of the profession;

(c) to a body that governs the practice of a health profession pursuant to an Act of the Legislature, to the extent the information is required for that body to carry out its mandate under the Act; or

(d) to a body that governs the practice of denturism in a jurisdiction other than Manitoba.

Offence

21.1(2)   A person who contravenes subsection (1) is guilty of an offence and is liable, on summary conviction, to a fine of not more than $50,000.

THE REGISTERED DIETITIANS ACT

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

5(1) The Registered Dietitians Act is amended by this section.

5(2)      Subsection 49(1) is amended by striking out "any provision of this Act" and substituting "a provision of this Act for which no other penalty is provided".

5(3) Section 52 is repealed and the following is substituted:

Confidentiality of information

52(1)     Every person employed, appointed or retained for the purpose of administering this Act, and every member of the board or a committee of the board, shall preserve secrecy about all information that comes to his or her knowledge in the course of his or her duties, and shall not communicate any information to any other person, except

(a) to the extent the information is available to the public under this Act;

(b) in connection with the administration of this Act, including, but not limited to, the registration of members, complaints about members, allegations of members' incapacity, unfitness, incompetence or acts of professional misconduct, or the governing of the profession;

(c) to a body that governs the practice of a health profession pursuant to an Act of the Legislature, to the extent the information is required for that body to carry out its mandate under the Act; or

(d) to a body that governs the practice of dietetics in a jurisdiction other than Manitoba.

Offence

52(2)     A person who contravenes subsection (1) is guilty of an offence and is liable, on summary conviction, to a fine of not more than $50,000.

THE MIDWIFERY AND CONSEQUENTIAL AMENDMENTS ACT

S.M. 1997, c. 9 amended

6(1) The Midwifery and Consequential Amendments Act is amended by this section.

6(2) Subsection 58(1) is amended in the part preceding clause (a) by striking out "this Act or the regulations" and substituting "a provision of this Act or the regulations, other than section 60.1 of this Act,".

6(3) The following is added after subsection 58(1):

Offence

58(1.1)   A person who contravenes section 60.1 is guilty of an offence and is liable, on summary conviction, to a fine of not more than $50,000.

6(4)      The following is added after section 60:

Confidentiality of information

60.1      Every person employed, appointed or retained for the purpose of administering this Act, and every member of the council or a committee of the council, shall preserve secrecy about all information that comes to his or her knowledge in the course of his or her duties, and shall not communicate any information to any other person, except

(a) to the extent the information is available to the public under this Act;

(b) in connection with the administration of this Act, including, but not limited to, the registration of members, complaints about members, allegations of members' incapacity, unfitness, incompetence or acts of professional misconduct, or the governing of the profession;

(c) to a body that governs the practice of a health profession pursuant to an Act of the Legislature, to the extent the information is required for that body to carry out its mandate under the Act;

(d) to a body that governs the practice of midwifery in a jurisdiction other than Manitoba; or

(e) as may be required for the administration of The Health Services Insurance Act or The Prescription Drugs Cost Assistance Act.

THE NATUROPATHIC ACT

C.C.S.M. c. N80 amended

7(1) The Naturopathic Act is amended by this section.

7(2)      Section 16 is amended by striking out "any provision of this Act" and substituting "a provision of this Act for which no other penalty is provided".

7(3)      The following is added after section 24:

Confidentiality of information

25(1)     Every person employed, appointed or retained for the purpose of administering this Act, and every member of the board or a committee of the board, shall preserve secrecy about all information that comes to his or her knowledge in the course of his or her duties, and shall not communicate any information to any other person, except

(a) to the extent the information is available to the public under this Act;

(b) in connection with the administration of this Act, including, but not limited to, the registration of members, complaints about members, allegations of members' incapacity, unfitness, incompetence or acts of professional misconduct, or the governing of the profession;

(c) to a body that governs the practice of a health profession pursuant to an Act of the Legislature, to the extent the information is required for that body to carry out its mandate under the Act; or

(d) to a body that governs the practice of naturopathy in a jurisdiction other than Manitoba.

Offence

25(2)     A person who contravenes subsection (1) is guilty of an offence and is liable, on summary conviction, to a fine of not more than $50,000.

THE OCCUPATIONAL THERAPISTS ACT

C.C.S.M. c. O5 amended

8(1) The Occupational Therapists Act is amended by this section.

8(2) Subsection 52(2) is amended by adding "for which no other penalty is provided" after "this Act".

8(3) Section 55 is repealed and the following is substituted:

Confidentiality of information

55(1)     Every person employed, appointed or retained for the purpose of administering this Act, and every member of the board or a committee of the board, shall preserve secrecy about all information that comes to his or her knowledge in the course of his or her duties, and shall not communicate any information to any other person, except

(a) to the extent the information is available to the public under this Act;

(b) in connection with the administration of this Act, including, but not limited to, the registration of members, complaints about members, allegations of members' incapacity, unfitness, incompetence or acts of professional misconduct, or the governing of the profession;

(c) to a body that governs the practice of a health profession pursuant to an Act of the Legislature, to the extent the information is required for that body to carry out its mandate under the Act; or

(d) to a body that governs the practice of occupational therapy in a jurisdiction other than Manitoba.

Offence

55(2)     A person who contravenes subsection (1) is guilty of an offence and is liable, on summary conviction, to a fine of not more than $50,000.

THE OPHTHALMIC DISPENSERS ACT

C.C.S.M. c. O60 amended

9(1) The Ophthalmic Dispensers Act is amended by this section.

9(2) Section 22 is amended by adding "for which no other penalty is provided" after "this Act".

9(3) The following is added after section 24:

Confidentiality of information

25(1)     Every person employed, appointed or retained for the purpose of administering this Act, and every member of the council or a committee of the council, shall preserve secrecy about all information that comes to his or her knowledge in the course of his or her duties, and shall not communicate any information to any other person, except

(a) to the extent the information is available to the public under this Act;

(b) in connection with the administration of this Act, including, but not limited to, the registration of members, complaints about members, allegations of members' incapacity, unfitness, incompetence or acts of professional misconduct, or the governing of the profession;

(c) to a body that governs the practice of a health profession pursuant to an Act of the Legislature, to the extent the information is required for that body to carry out its mandate under the Act; or

(d) to a body that governs the practice of ophthalmic dispensing in a jurisdiction other than Manitoba.

Offence

25(2)     A person who contravenes subsection (1) is guilty of an offence and is liable, on summary conviction, to a fine of not more than $50,000.

THE OPTOMETRY ACT

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

10 The Optometry Act is amended by adding the following after section 21:

Confidentiality of information

22(1)     Every person employed, appointed or retained for the purpose of administering this Act, and every member of the council or a committee of the council, shall preserve secrecy about all information that comes to his or her knowledge in the course of his or her duties, and shall not communicate any information to any other person, except

(a) to the extent the information is available to the public under this Act;

(b) in connection with the administration of this Act, including, but not limited to, the registration of members, complaints about members, allegations of members' incapacity, unfitness, incompetence or acts of professional misconduct, or the governing of the profession;

(c) to a body that governs the practice of a health profession pursuant to an Act of the Legislature, to the extent the information is required for that body to carry out its mandate under the Act;

(d) to a body that governs the practice of optometry in a jurisdiction other than Manitoba; or

(e) as may be required for the administration of The Health Services Insurance Act.

Offence

22(2)     A person who contravenes subsection (1) is guilty of an offence and is liable, on summary conviction, to a fine of not more than $50,000.

THE PHYSIOTHERAPISTS ACT

C.C.S.M. c. P65 amended

11(1) The Physiotherapists Act is amended by this section.

11(2) Subsection 53(2) is amended by adding "for which no other penalty is provided" after "this Act".

11(3) Section 56 is repealed and the following is substituted:

Confidentiality of information

56(1)     Every person employed, appointed or retained for the purpose of administering this Act, and every member of the board or a committee of the board, shall preserve secrecy about all information that comes to his or her knowledge in the course of his or her duties, and shall not communicate any information to any other person, except

(a) to the extent the information is available to the public under this Act;

(b) in connection with the administration of this Act, including, but not limited to, the registration of members, complaints about members, allegations of members' incapacity, unfitness, incompetence or acts of professional misconduct, or the governing of the profession;

(c) to a body that governs the practice of a health profession pursuant to an Act of the Legislature, to the extent the information is required in order for that body to carry out its mandate under the Act; or

(d) to a body that governs the practice of physiotherapy in a jurisdiction other than Manitoba.

Offence

56(2)     A person who contravenes subsection (1) is guilty of an offence and is liable, on summary conviction, to a fine of not more than $50,000.

THE LICENSED PRACTICAL NURSES ACT

C.C.S.M. c. P100 amended

12(1) The Licensed Practical Nurses Act is amended by this section.

12(2) Subsection 51(2) is amended by adding "for which no other penalty is provided" after "this Act".

12(3) Section 54 is repealed and the following is substituted:

Confidentiality of information

54(1)     Every person employed, appointed or retained for the purpose of administering this Act, and every member of the board or a committee of the board, shall preserve secrecy about all information that comes to his or her knowledge in the course of his or her duties, and shall not communicate any information to any other person, except

(a) to the extent the information is available to the public under this Act;

(b) in connection with the administration of this Act, including, but not limited to, the registration of members, complaints about members, allegations of members' incapacity, unfitness, incompetence or acts of professional misconduct, or the governing of the profession;

(c) to a body that governs the practice of a health profession pursuant to an Act of the Legislature, to the extent the information is required for that body to carry out its mandate under the Act; or

(d) to a body that governs the practice of practical nursing in a jurisdiction other than Manitoba.

Offence

54(2)     A person who contravenes subsection (1) is guilty of an offence and is liable, on summary conviction, to a fine of not more than $50,000.

THE REGISTERED PSYCHIATRIC NURSES ACT

C.C.S.M. c. P170 amended

13(1) The Registered Psychiatric Nurses Act is amended by this section.

13(2) Subsection 52(1) is amended by striking out "any provision of this Act" and substituting "a provision of this Act for which no other penalty is provided".

13(3) Section 53 is repealed and the following is substituted:

Confidentiality of information

53(1)     Every person employed, appointed or retained for the purpose of administering this Act, and every member of the board or a committee of the board, shall preserve secrecy about all information that comes to his or her knowledge in the course of his or her duties, and shall not communicate any information to any other person, except

(a) to the extent the information is available to the public under this Act;

(b) in connection with the administration of this Act, including, but not limited to, the registration of members, complaints about members, allegations of members' incapacity, unfitness, incompetence or acts of professional misconduct, or the governing of the profession;

(c) to a body that governs the practice of a health profession pursuant to an Act of the Legislature, to the extent the information is required for that body to carry out its mandate under the Act; or

(d) to a body that governs the practice of psychiatric nursing in a jurisdiction other than Manitoba.

Offence

53(2)     A person who contravenes subsection (1) is guilty of an offence and is liable, on summary conviction, to a fine of not more than $50,000.

THE PSYCHOLOGISTS REGISTRATION ACT

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

14(1) The Psychologists Registration Act is amended by this section.

14(2) Section 13 is amended in the part preceding clause (a) by adding "for which no other penalty is provided" after "this Act".

14(3) The following is added after section 15:

Confidentiality of information

16(1)     Every person employed, appointed or retained for the purpose of administering this Act, and every member of the council or a committee of the council, shall preserve secrecy about all information that comes to his or her knowledge in the course of his or her duties, and shall not communicate any information to any other person, except

(a) to the extent the information is available to the public under this Act;

(b) in connection with the administration of this Act, including, but not limited to, the registration of members, complaints about members, allegations of members' incapacity, unfitness, incompetence or acts of professional misconduct, or the governing of the profession;

(c) to a body that governs the practice of a health profession pursuant to an Act of the Legislature, to the extent the information is required for that body to carry out its mandate under the Act; or

(d) to a body that governs the practice of psychology in a jurisdiction other than Manitoba.

Offence

16(2)     A person who contravenes subsection (1) is guilty of an offence and is liable, on summary conviction, to a fine of not more than $50,000.

THE REGISTERED NURSES ACT

C.C.S.M. c. R40 amended

15(1) The Registered Nurses Act is amended by this section.

15(2) Subsection 51(2) is amended by adding "for which no other penalty is provided" after "this Act".

15(3) Section 54 is repealed and the following is substituted:

Confidentiality of information

54(1)     Every person employed, appointed or retained for the purpose of administering this Act, and every member of the board or a committee of the board, shall preserve secrecy about all information that comes to his or her knowledge in the course of his or her duties, and shall not communicate any information to any other person, except

(a) to the extent the information is available to the public under this Act;

(b) in connection with the administration of this Act, including, but not limited to, the registration of members, complaints about members, allegations of members' incapacity, unfitness, incompetence or acts of professional misconduct, or the governing of the profession;

(c) to a body that governs the practice of a health profession pursuant to an Act of the Legislature, to the extent the information is required for that body to carry out its mandate under the Act; or

(d) to a body that governs the practice of registered nursing in a jurisdiction other than Manitoba.

Offence

54(2)     A person who contravenes subsection (1) is guilty of an offence and is liable, on summary conviction, to a fine of not more than $50,000.

THE REGISTERED RESPIRATORY THERAPISTS ACT

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

16(1) The Registered Respiratory Therapists Act is amended by this section.

16(2) Subsection 54(1) is amended by striking out "any provision of this Act" and substituting "a provision of this Act for which no other penalty is provided,".

16(3) Section 56 is repealed and the following is substituted:

Confidentiality of information

56(1)     Every person employed, appointed or retained for the purpose of administering this Act, and every member of the board or a committee of the board, shall preserve secrecy about all information that comes to his or her knowledge in the course of his or her duties, and shall not communicate any information to any other person, except

(a) to the extent the information is available to the public under this Act;

(b) in connection with the administration of this Act, including, but not limited to, the registration of members, complaints about members, allegations of members' incapacity, unfitness, incompetence or acts of professional misconduct, or the governing of the profession;

(c) to a body that governs the practice of a health profession pursuant to an Act of the Legislature, to the extent the information is required for that body to carry out its mandate under the Act; or

(d) to a body that governs the practice of respiratory therapy in a jurisdiction other than Manitoba.

Offence

56(2)     A person who contravenes subsection (1) is guilty of an offence and is liable, on summary conviction, to a fine of not more than $50,000.

Coming into force

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