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C.C.S.M. c. R117
The Regulated Health Professions Act
|Table of Contents|
(Assented to June 11, 2009)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
1(1) The following definitions apply in this Act, except in Parts 14, 15 and 17.
"advisory council" means the Health Professions Advisory Council established under subsection 145(1). (« conseil consultatif »)
"Agreement on Internal Trade" means the Agreement on Internal Trade, signed in 1994 by the governments of Canada, the provinces, Yukon and the Northwest Territories. (« Accord sur le commerce intérieur »)
"board of assessors" means the board of assessors established by a council for the purpose of clause 31(b). (« commission d'évaluation »)
"by-laws" means the by-laws made by a council under section 222. (« règlements administratifs »)
"code of ethics" means the code of ethics adopted by a council in accordance with section 83. (« code de déontologie »)
"college" means the college of a regulated health profession that is continued or established by a regulation under clause 8(b). (« ordre » ou « ordre professionnel »)
"committee" means a committee established by a council by or under section 22. (« comité »)
"council" means the council of a college established by subsection 12(1). (« conseil »)
"court" means the Court of Queen's Bench. (« tribunal »)
"health care" means any care, service or procedure
(a) provided to diagnose, treat or maintain an individual's health;
(b) provided to prevent disease or injury or promote health; or
(c) that affects the structure or a function of the body;
and includes the sale or dispensing of a drug, vaccine, appliance, device, equipment or other item pursuant to a prescription. (« soins de santé »)
"health profession" means a profession in which a person exercises skill or judgment in providing health care. (« profession de la santé »)
"health profession corporation" means a corporation holding a valid permit issued under subsection 60(1). (« société professionnelle de la santé »)
"member" means a regulated member and a regulated associate member, except where otherwise stated or when referring to a member of a council, board or committee or the advisory council. (« membre »)
"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre »)
"practice directions" means the practice directions issued by a council under section 85. (« directives professionnelles »)
"public representative" means, except in Part 8 (Professional Conduct),
(a) in respect of a particular regulated health profession (other than the profession of pharmacy), a person who has never practised the particular regulated health profession and who has not practised any other regulated health profession within the previous five years;
(b) in respect of the profession of pharmacy, a person who has never practised pharmacy nor been a pharmacy owner and who has not practised any other regulated health profession within the previous five years;
and who is appointed under subsection 13(2) or 13(3) as a public representative. (« représentant du public »)
"regional health authority" means a regional health authority established or continued under The Regional Health Authorities Act. (« office régional de la santé »)
"register" means a register established by a council under section 26. (« registre »)
"registrar" means an individual appointed under section 23 as the registrar for a college. (« registraire »)
"regulated associate member" means, in respect of a regulated health profession, an individual whose name is entered on the register of regulated associate members. (« membre associé habilité »)
"regulated health profession" means a health profession designated as a regulated health profession by a regulation under clause 8(a). (« profession de la santé réglementée »)
"regulated member" means, in respect of a regulated health profession, an individual whose name is entered on the register of regulated members. (« membre habilité »)
"reserved act" means a reserved act referred to in section 4. (« acte réservé »)
"standards of practice" means the standards of practice established by a council under subsection 82(1). (« normes d'exercice de la profession »)
1(2) In this Act,
(a) a reference to "conditions" includes restrictions and limitations;
(b) a reference to the "registrar" includes a deputy registrar and an assistant registrar if the council has appointed them under section 23; and
(c) a reference to "this Act" includes the regulations under this Act.
1(3) In this Act, the ability to attach conditions to a registration, certificate, permit, licence, authorization or any other approval includes the ability to vary or remove those conditions.
1(4) A reference in this Act, the regulations or by-laws or in another enactment of Manitoba to a "practising" member of a regulated health profession means a member in good standing of the college of that profession who holds a valid certificate of practice issued by that college under this Act.
2 to 7 Not yet proclaimed.
8 to 25 Not yet proclaimed.
26 to 56 Not yet proclaimed.
57 to 76 Not yet proclaimed.
77 to 81 Not yet proclaimed.
82 to 87 Not yet proclaimed.
88 to 134 Not yet proclaimed.
135 to 139 Not yet proclaimed.
CONFIDENTIALITY AND COLLECTING AND SHARING INFORMATION
140(1) The following definitions apply in this section and section 141.
"personal health information" means personal health information as defined in The Personal Health Information Act. (« renseignements médicaux personnels »)
"personal information" means personal information as defined in The Freedom of Information and Protection of Privacy Act. (« renseignements personnels »)
140(2) Every person employed, engaged or appointed for the purpose of administering or enforcing this Act, and every member of a council, a committee of a council or board established under this Act, must maintain as confidential all information that comes to his or her knowledge in the course of his or her duties and must not disclose this information to any other person or entity except in the following circumstances:
(a) the information is available to the public under this Act;
(b) the information is authorized or required to be disclosed under this Act;
(c) disclosure of the information is necessary to administer or enforce this Act or the regulations, by-laws, standards of practice, code of ethics or practice directions, including where disclosure is necessary to register members, issue certificates of registration or practice, permits and licences, grant approvals or authorizations, deal with complaints or allegations that a member is incapable, unfit or incompetent, deal with allegations of professional misconduct, or govern the profession;
(d) disclosure of the information is
(i) necessary to administer or enforce The Health Services Insurance Act or The Prescription Drugs Cost Assistance Act, or
(ii) to the medical review committee established under The Health Services Insurance Act;
(e) disclosure of the information is
(i) authorized or required to be disclosed by another enactment of Manitoba or Canada, or
(ii) for the purpose of complying with a subpoena, warrant or order issued or made by a court, person or body with jurisdiction to compel the production of information or with a rule of court that relates to the production of information;
(f) the information is disclosed to a body that has statutory authority to regulate
(i) a profession in Manitoba, or
(ii) the practice of the same or a similar health profession in any other jurisdiction,
if disclosure is necessary for that body to carry out its responsibilities;
(g) the information is disclosed to a person who employs or engages a member to provide health care, or to a hospital or regional health authority that grants privileges to a member, if the purpose of the disclosure is to protect any individual or group of individuals;
(h) the information is disclosed to a department of the government, a regional health authority or another agency of the government, or any department or agency of the government of Canada or a province or territory of Canada, dealing with health issues
(A) the purpose of the disclosure is to protect any individual or group of individuals or to protect public health or safety, or
(B) the information concerns the practice of a health profession in any jurisdiction, and
(ii) the information does not reveal personal health information;
(i) disclosure of the information is necessary to obtain legal advice or legal services;
(j) the information is disclosed with the written consent of the person to whom the information relates.
140(3) When disclosing information under subsection (2), the following rules apply:
(a) personal information and personal health information must be disclosed only if non-identifying information will not accomplish the purpose for which the information is disclosed;
141 to 144 Not yet proclaimed.
HEALTH PROFESSIONS ADVISORY COUNCIL
145(1) The Health Professions Advisory Council is hereby established.
145(2) The advisory council must be composed of at least three but not more than seven individuals appointed by the Lieutenant Governor in Council.
145(3) The Lieutenant Governor in Council must designate one member of the advisory council to be the chairperson.
145(4) The Lieutenant Governor in Council may designate the chairperson and two other members as the first members of the advisory council.
146 A person cannot be appointed as a member of the advisory council if he or she
(a) is employed in the civil service as defined in The Civil Service Act or by a government agency as defined in The Financial Administration Act; or
(b) is a member of the college of a regulated health profession or its council.
147(1) The term of office of a member (other than a first member) must not exceed three years.
147(2) The term of office of a first member designated under subsection 145(4) must not exceed four years.
147(3) Despite subsections (1) and (2), a member whose term of office expires continues to hold office until he or she is re-appointed or a successor is appointed.
147(4) A member whose term of office expires may be re-appointed for one further term of three years.
147(5) The advisory council may act despite a vacancy in its membership.
148(1) In addition to its duties under Part 11 (New Regulated Health Professions), the advisory council must, on the minister's request, inquire into matters related to this Act and give advice to the minister, including advice about
(a) whether the list of reserved acts should be revised;
(b) who may or may not perform a reserved act;
(c) the use of professional or occupational titles, and other work-related descriptive terms, by members of a regulated health profession or other persons;
(d) entry-to-practice requirements for health professions, including education, training, technical achievement, competencies, credentials and other substantive or procedural requirements;
(e) the continuing competency programs established by colleges;
(f) health human resource planning and management; and
(g) any other matter related to this Act.
148(2) The minister may establish terms of reference for the advisory council to follow in making inquiries or providing advice to the minister under this Part or conducting an investigation under Part 11.
148(3) The advisory council must comply with the terms of reference established under subsection (2).
149(1) The function of the advisory council is advisory only.
149(2) The advisory council must not consider or become involved in any other way in any matter respecting
(a) a specific person who is applying to a college for registration as a member of the college or for reinstatement of registration;
(b) a specific person who is applying to a college for a certificate of practice or for reinstatement of a certificate of practice;
(c) a specific member or former member;
(d) a specific person applying to a college for a health profession corporation permit.
150 In carrying out its duties under this Part and Part 11, the advisory council may
(a) consult, as it considers necessary or advisable, with any person who, in the advisory council's opinion, has expertise or information relevant to its work;
(b) receive submissions;
(c) hold public meetings;
(d) conduct or participate in research, studies or activities; and
(e) engage, on a temporary basis or for a specific purpose, any person who has technical or specialized knowledge of a matter that is related to the work of the advisory council as the advisory council considers necessary or appropriate.
151(1) The advisory council must consult with, and consider the comments received from, any college that may be affected by the advisory council's advice to the minister under this Part or by its recommendations to the minister under section 161.
151(2) At the request of the minister or the advisory council, a college must work with the advisory council to provide advice to the minister, including advice about health human resource planning and management.
152 The advisory council is to meet at the call of the chairperson.
153 Subject to Part 11 and the terms of reference established under subsection 148(2), the advisory council may determine its own practice and procedure.
154 The minister may approve the payment of remuneration and reasonable expenses to the advisory council members out of money appropriated under an Act of the Legislature for the purposes of this Act.
155 The advisory council must report annually to the minister, in the form and within the time period specified by the minister, about its activities in the immediately preceding year.
NEW REGULATED HEALTH PROFESSIONS
156(1) If a group of persons representing a health profession wishes that profession to be regulated under this Act, the group must apply to the minister for the health profession to be designated as a regulated health profession under clause 8(a).
156(2) The application must be in the form and contain the information required by the minister, and must be accompanied by the application fee prescribed by regulation.
156(3) An application under subsection (1) must be made by the organization that represents the majority of persons carrying on that health profession in Manitoba.
157 Upon receiving an application under section 156, the minister may
(a) investigate whether an unregulated health profession should be regulated under this Act;
(b) direct the advisory council to investigate whether the profession should be regulated under this Act;
(c) refuse the application without investigation; or
(d) if the minister considers that it is in the public interest to do so, approve the application without investigation.
158 In the absence of an application under section 156, the minister may
(a) investigate whether an unregulated health profession should be regulated under this Act; or
(b) direct the advisory council to investigate whether the profession should be regulated under this Act.
159 In conducting an investigation under section 157 or 158, the advisory council must have regard to all matters that it considers relevant, which may include:
(a) whether a substantial proportion of the practitioners of the health profession are engaged in activities that are under the minister's jurisdiction;
(b) whether the primary objective of the health profession is to provide health care as contemplated by this Act;
(c) the nature and degree, if any, of the risk of harm to the health and safety of the public from incompetent, unethical or impaired practice of the health profession, having regard to
(i) the health care provided by the practitioners,
(ii) the technology, including instruments and materials, used by the practitioners, and
(iii) the invasiveness of the procedures or methods of treatment used by the practitioners;
(d) the degree of supervision that a practitioner receives or is likely to receive with respect to the practice of the health profession;
(e) whether there are more appropriate means to regulate the members of the health profession other than under this Act;
(f) whether the health profession is a distinct and identifiable profession with a distinct and identifiable body of knowledge that is used by members of the profession to provide health care;
(g) the qualifications and minimum standards of competence for persons applying to the practice of the health profession, and how the continuing competence of practitioners is to be maintained;
(h) the education programs available with respect to the practice of the health profession;
(i) the ability of the proposed college of the health profession to carry out the mandate, powers and duties of a college under this Act and whether they could be carried out by an existing college;
(j) the potential economic impact of regulating the health profession, including the expected effect on practitioner availability, education and training programs, access to service, and the quality, price and efficiency of that service.
160 The minister may charge to the group that made the application under section 156 all or part of the costs, including the administrative costs, incurred in conducting the advisory council's investigation, as determined in accordance with the regulations.
161(1) Upon completing an investigation, the advisory council must recommend to the minister, with reasons, whether or not it would be in the public interest that the health profession be regulated under this Act.
161(2) If the recommendation is that the health profession be regulated under this Act, the advisory council may also make recommendations about
(a) a college for the proposed regulated health profession, including whether a college that already regulates one or more regulated health professions should also regulate the proposed profession;
(b) a scope of practice for the proposed regulated health profession;
(c) a listing of the reserved acts that the proposed regulated health profession may perform and any conditions on the performance of those acts;
(d) a name, a title and initials for the proposed regulated health profession and its members; and
(e) any other matter that is compatible with the recommendation that the health profession be regulated under this Act.
162 If the minister determines that it would be in the public interest that the health profession be regulated under this Act, the minister is to recommend to the Lieutenant Governor in Council that the health profession be designated as a regulated health profession under clause 8(a).
163 Not yet proclaimed.
164 to 166 Not yet proclaimed.
167 to 170 Not yet proclaimed.
171(1) A person who contravenes a provision of this Act, other than section 140 (confidentiality of information), or of the regulations is guilty of an offence and is liable on summary conviction to a fine
(a) in the case of an individual,
(i) for a first offence, to a fine of not more than $10,000, and
(ii) for each subsequent offence, to a fine of not more than $50,000; and
(b) in the case of a corporation,
(i) for a first offence, to a fine of not more than $25,000, and
(ii) for each subsequent offence, to a fine of not more than $100,000.
171(2) A person who contravenes section 140 (confidentiality of information) is guilty of an offence and is liable on summary conviction to a fine of not more than $50,000.
171(3) If a health profession corporation commits an offence under this Act, a director, officer or employee of the corporation who authorized, permitted or acquiesced in the commission of the offence is also guilty of an offence and is liable on summary conviction, whether or not the corporation has been prosecuted or convicted,
(a) for a first offence, to a fine of not more than $10,000; and
(b) for a second or subsequent offence, to a fine of not more than $50,000.
171(4) A prosecution under this Act may be commenced within two years after the commission of the alleged offence, but not afterwards.
171(5) Any fines recovered under this section are first paid to the convicting court and then paid to the government.
172(1) Any person may be a prosecutor in the prosecution of an offence under this Act, and the government may pay to the prosecutor a portion of any fine recovered, in the amount that it considers appropriate, toward the costs of the prosecution.
172(2) When a college is the prosecutor of an offence under this Act, it may apply for a stay of proceedings in the prosecution, and the court must grant the stay.
173 In any prosecution under this Act, it is sufficient proof of an offence under this Act if it is proved that the accused has done or committed a single act of unauthorized practice, or has committed on one occasion any of the acts prohibited by or under this Act.
PROTECTION FROM LIABILITY
174 No action or proceeding lies against a college, council, board, the advisory council or any other person or entity acting under the authority of, or engaged in the administration or enforcement of, this Act or the regulations or by-laws for anything done or omitted to be done by the person or entity in good faith in the performance or exercise, or intended performance or exercise, of any power or duty under this Act or the regulations or by-laws.
175 to 178 Not yet proclaimed.
179 to 187 Not yet proclaimed.
188 to 218 Not yet proclaimed.
REGULATIONS AND BY-LAWS
LIEUTENANT GOVERNOR IN COUNCIL REGULATIONS
219(1) The Lieutenant Governor in Council may make regulations
(a) specifying the reserved acts that a member of a regulated health profession is authorized to perform;
(b) further defining the word "diagnosis" for the practice of a regulated health profession;
(c) prescribing substances and mixtures of substances as drugs for the purpose of the definition "drug" in section 3;
(d) specifying other uses of a form of energy for the purpose of section 4, Item 10(f);
(e) specifying other forms of energy for the purpose of section 4, Item 10(g);
(f) governing the performance of reserved acts by a person or class of persons referred to in clause 5(1)(e), and specifying the purposes for which, or the circumstances in which, the acts may be performed;
(g) providing for the exemption of a person or class of persons for the purpose of subsection 5(2), governing the performance of those acts by the person or class of persons and specifying the purposes for which, or the circumstances in which, those acts may be performed;
(h) providing for the exemption of an activity or class of activities for the purpose of clause 5(3)(a), and specifying the purposes for which, or the circumstances in which, reserved acts may be performed during those activities;
(i) specifying additional committees, including interprofessional committees, to be established by a council and their composition and mandate;
(j) establishing interprofessional committees and specifying their composition and mandate;
(k) prescribing a percentage of the regulated members of a college entitled to vote for the purpose of subsection 25(3);
(l) permitting a corporation or class of corporations (other than a health profession corporation) to carry on the practice of a regulated health profession;
(m) prescribing a phrase, and any variation or abbreviation of a phrase, that must be included in the name of a health profession corporation for the purpose of subsection 62(1);
Other College Duties and Responsibilities
(n) respecting the issuance and use of unique numeric or alphanumeric identifiers for the purpose of section 141 (registrar to collect information);
New Regulated Health Professions
(o) respecting the transition of an unregulated health profession to a health profession regulated under this Act, including exempting the regulated health profession from the application of any provision of this Act or the regulations during the transition period, and specifying the date on which this Act is to apply to the regulated health profession;
(p) prohibiting members from acting beyond the scope of practice of the regulated health profession in the course of practising the profession;
(q) governing or prohibiting the application of ultrasound, including any application of ultrasound to a fetus, for non-diagnostic imaging purposes;
(r) defining any word or phrase used but not defined in this Act;
(s) respecting any other matter necessary or advisable to carry out the intent and purpose of this Act.
219(2) A regulation may be general or particular in its application and may apply to one or more regulated health professions and one or more classes of members of a regulated health profession.
219(3) A regulation may incorporate by reference, in whole or in part, any code, standard, guideline or drug schedule, and the regulation may incorporate it as amended from time to time, and subject to any changes that the Lieutenant Governor in Council considers necessary.
219(4) Except in circumstances that the minister considers to be of an emergency nature, in the formation or substantive review of regulations made under clauses (1)(a) to (h) (reserved acts), the minister must provide an opportunity for public consultation regarding the proposed regulation or amendment.
219(5) If the minister acts under subsection (4), he or she must notify any college which, in the minister's opinion, will be affected by the proposed regulation or amendment about the opportunity for consultation.
220(1) The minister may make regulations
(a) prescribing an oath of office for the purpose of subsection 20(1);
(b) exempting a person or entity from the application of subsection 79(1) (holding out as a college);
(c) specifying an organization or class of organizations for the purpose of clause 81(2)(a) (exception to use of "registered" or "licensed");
(d) specifying an organization for the purpose of clause 134(d);
Other College Duties and Responsibilities
(e) prescribing information as information to be posted on a college website for the purpose of clause 143(1)(d);
New Regulated Health Professions
(f) prescribing fees, or the manner of determining fees, to be submitted with an application under subsection 156(2);
(g) specifying the nature of the costs of conducting the investigation and the manner in which the costs are to be calculated for the purpose of section 160;
The College of Pharmacists of Manitoba and
Other Matters re Pharmaceutical Products
(h) prescribing substances and mixtures of substances as drugs for the purpose of the definition "drug" in section 188;
(i) specifying drugs that can only be sold to a practitioner or pursuant to a prescription;
(j) designating persons or classes of persons as "practitioners" for the purpose of Part 15.
220(2) A regulation may be general or particular in its application and may apply to one or more regulated health professions.
220(3) A regulation may incorporate by reference, in whole or in part, any code, standard, guideline or drug schedule, and the regulation may incorporate it as amended from time to time, and subject to any changes that the minister considers necessary.
221 to 222 Not yet proclaimed.
TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AND CONDITIONAL AMENDMENTS
223(1) The following definitions apply in this Part.
"association" means an association established or continued by a profession-specific Act. (« association » ou « ordre »)
"board" means a board established or continued by a profession-specific Act. (« conseil d'administration » ou « conseil »)
"college" means a college established or continued by a profession-specific Act. (« collège » ou « ordre »)
"committee" means a committee established or continued by or under a profession-specific Act. (« comité »)
"council" means a council established or continued by a profession-specific Act. (« conseil »)
"profession-specific Act" means an Act listed in Schedule 2. (« loi particulière »)
"regulated health profession" means a health profession designated as a regulated health profession by a regulation under clause 8(a). (« profession de la santé réglementée »)
223(2) The Lieutenant Governor in Council may make regulations
(a) respecting anything required to deal with the transition to regulating health professions under this Act from regulating them under profession-specific Acts, including regulations respecting
(i) the transition to this Act of an association or college and its board or council, officers, boards and committees,
(ii) the continuance or transition of registration under a profession-specific Act to registration under this Act,
(iii) the continuance or transition to this Act of licences, certificates and permits issued under a profession-specific Act,
(iv) the continuance of complaints, investigations or proceedings commenced under a profession-specific Act, and the application of this Act, with necessary changes, to those complaints, investigation or proceedings,
(v) exempting classes of persons from the application of this Act or any provision of it during the period of transition,
(vi) specifying the date on which this Act is to apply to a regulated health profession,
(vii) the interpretation of any transitional provision of this Act;
(b) to remedy any difficulty, inconsistency or impossibility resulting from the transition to this Act from regulating health professions under profession-specific Acts.
223(3) A regulation may be general or particular in its application and may apply to one or more regulated health professions and one or more classes of members of a regulated health profession.
224 Not yet proclaimed.
225(1) and (2) Not yet proclaimed.
225(3) For greater certainty, Part 11 (New Regulated Health Professions) does not apply to a college or association that is regulated under a profession-specific Act.
226 Not yet proclaimed.
227 to 242 Not yet proclaimed.
243(1) The Personal Health Information Act is amended by this section.
243(3) Not yet proclaimed.
244 to 260 Not yet proclaimed.
261 Not yet proclaimed.
262 This Act may be referred to as chapter R117 of the Continuing Consolidation of the Statutes of Manitoba.
263 This Act comes into force on a day to be fixed by proclamation.
NOTE: Part 1, section 140, Part 10, sections 156 to 162, 171 to 174, 219, 220 and 223, subsections 225(3), 243(1) and (2), section 262 and Schedule 2 of S.M. 2009, c. 15, were proclaimed in force June 1, 2011.
Not yet proclaimed.
List of Profession-Specific Acts
The Chiropractic Act, R.S.M. 1987, c. C100
The Dental Association Act, R.S.M. 1987, c. D30
The Dental Hygienists Act, S.M. 2005, c. 51
The Denturists Act, R.S.M. 1987, c. D35
The Licensed Practical Nurses Act, S.M. 1999, c. 37
The Manitoba Speech and Hearing Association Act, R.S.M. 1990, c. 101
The Medical Act, R.S.M. 1987, c. M90
The Medical Laboratory Technologists Act, S.M. 2002, c. 12
The Midwifery Act, S.M. 1997, c. 9
The Naturopathic Act, R.S.M. 1987, c. N80
The Occupational Therapists Act, S.M. 2002, c. 17
The Opticians Act, R.S.M. 1987, c. O60, formerly The Ophthalmic Dispensers Act
The Optometry Act, R.S.M. 1987, c. O70
The Pharmaceutical Act, S.M. 1991-92, c. 28
The Physiotherapists Act, S.M. 1999, c. 30
The Podiatrists Act, S.M. 2001, c. 36
The Psychologists Registration Act, R.S.M. 1987, c. P190
The Registered Dietitians Act, S.M. 2002, c. 18
The Registered Nurses Act, S.M. 1999, c. 36
The Registered Psychiatric Nurses Act, S.M. 1999, c. 38
The Registered Respiratory Therapists Act, R.S.M. 1987, c. R115
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