Français   Site Map
 
This is an unofficial version.
If you need an official copy, use the bilingual (PDF) version.

This version is current as of October 29, 2014.
It has been in effect since July 15, 2013.

Show previous versions Hide previous versions

Previous versions:

Note: Earlier consolidated versions are not available online.

 

 

C.C.S.M. c. O70

The Optometry Act

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

Definitions

1           In this Act,

"association" means the Manitoba Association of Optometrists; (« Association »)

"council" means the council of the association; (« Conseil »)

"court" means the Court of Queen's Bench; (« tribunal »)

"lay person" means a person who

(a) is not a civil servant within the meaning of The Civil Service Act, or an employee of any agency of the Crown, and

(b) is not or was not at any time registered under this Act or under any Act governing an allied health discipline; (« profane »)

"member" means a member of the association; (« membre »)

"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act; (« ministre »)

"optometric drug licence" means a licence authorizing an optometrist to prescribe and administer drugs for the diagnosis or treatment of diseases and disorders of the human visual system; (« permis d'utilisation de médicaments optométriques »)

"optometrist" means a person licensed or certified to practise optometry in a province or territory in Canada; (« optométriste »)

"registrar" means the registrar appointed under subsection 6(1). (« registraire »)

S.M. 1992, c. 40, s. 2; S.M. 2005, c. 39, s. 45; S.M. 2008, c. 13, s. 2 (am. by S.M. 2010, c. 33, s. 44).

Objects of Act

2           The objects of this Act are to create an association for the regulation of the practice of optometry within the province and to prevent incompetent persons from practising optometry.

S.M. 1992, c. 40, s. 3.

Practice of optometry

2.1(1)      The practice of optometry means the examination, diagnosis, treatment, management and prevention of diseases and disorders of the human visual system, including the human eye and its associated structures, and the detection of related systemic conditions.

Included practices

2.1(2)      In accordance with the requirements of this Act and the regulations, an optometrist may do any of the following in the course of engaging in the practice of optometry:

(a) prescribe or administer drugs designated in the regulations;

(b) remove superficial foreign bodies from the human eye or its adnexa;

(c) order and receive reports of screening and diagnostic tests designated in the regulations.

S.M. 2008, c. 13, s. 3.

Persons deemed to be practising optometry

3           Without limiting the generality of subsection 2.1(1), any person not exempted from the provisions of this Act shall be deemed to be practising optometry if

(a) the person engages in the examining, refracting, testing, measuring, diagnosing, treating, correcting, developing or improving the human visual system by the employment of any means including the use of any computerized or automated measuring device, or the fitting and adaptation of lenses or frames for the aid thereof; or

(b) by advertisement, sign or statement of any kind written or oral, the person alleges, implies or states that he or she is, or holds himself or herself out as being, qualified, able or willing to examine, diagnose, advise upon, prescribe for, prevent or treat with the intent to induce people to patronize him or her for the examination, diagnosis, improvement or correction of the human vision system; or

(c) the person employs, in the examination, diagnosis or treatment of another, any means, including the prescribing or use of pharmaceutical agents, for the measurement, improvement or development of any or all functions of human vision or ocular health, the assessment of the powers and range of human vision, or the determination of the accommodative or refractive status of human vision or the scope of its functions in general; or

(d) the person sells or offers for sale, otherwise than on prescription, spectacles or contact lenses containing any lens of spherical, prismatic, or cylindrical power, for the aid of human vision, or the fitting or adaptation of contact lenses to the human eye; or

(e) the person prescribes or alters the prescription for lenses, including contact lenses, or prescribes or directs the use of any optical device in connection with ocular exercises, orthoptics, vision therapy of other physical means to correct defects or adjust human vision.

S.M. 2008, c. 13, s. 4

Incorporation continued

4           The Manitoba Optometric Society is continued as a body corporate under the name "Manitoba Association of Optometrists".

S.M. 1992, c. 40, s. 4.

Council of the association

5(1)        There shall be a council of the association made up of eight members of the association and one lay person.

Election and appointment of members of council

5(2)        The members of the council who are members of the association shall be elected to office in accordance with the by-laws of the association; and the lay member shall be appointed by the Lieutenant Governor in Council.

Elected members to be residents of the province

5(3)        The elected members of the council shall be residents of the province engaged in the active practice of optometry for at least two years immediately preceding the date of their election as members of council.

Term of office

5(4)        Each member of council shall hold office for a term of three years and thereafter until his successor is elected or appointed, as the case may be.

Filling of vacancies

5(5)        Where for any reason there occurs a vacancy on council, the vacancy shall be filled for the unexpired term only.

S.M. 1988-89, c. 11, s. 17; S.M. 1992, c. 40, s. 3.

Organization of council

6(1)        The council shall elect from its members, a chairman, who shall be the president of the association, vice-presidents, a secretary and treasurer, or secretary-treasurer, a registrar, and such other officers as may be required.

Meetings

6(2)        The council shall meet at least twice in each year, and at such other times as it may deem necessary, and at such places as it may determine.

Quorum

6(3)        A majority of the members of council constitute a quorum thereof.

S.M. 1992, c. 40, s. 3.

Regulatory advisory committee

6.1(1)      The council must establish, in accordance with the regulations, a committee to be known as the "regulatory advisory committee".

Responsibilities of committee

6.1(2)      In addition to any other responsibilities that may be prescribed for it by regulation, the regulatory advisory committee must give recommendations to the council about the making of regulations under clauses 7(1)(d) and (d.1).

S.M. 2008, c. 13, s. 5.

Regulations

7(1)        The council, subject to the approval of the Lieutenant Governor in Council, may make regulations, not inconsistent with the provisions of this Act

(a) respecting the government and discipline of the members of the association;

(b) respecting the qualifications required of candidates for registration including the designation of educational institutions whose programs for educating optometrists meet with the approval of the council;

(b.1) providing for an appeal to the council from a decision by the board of examiners not to approve a person's application for registration, or to approve it subject to conditions;

(c) specifying the procedure for licensure and re-licensure of members;

(d) for the purpose of clause 2.1(2)(a), designating drugs or classes of drugs that an optometrist may prescribe or administer;

(d.1) for the purpose of clause 2.1(2)(c), designating screening and diagnostic tests that an optometrist may order or about which an optometrist may receive reports;

(e) prescribing standards of continuing education that may be required of members as a prerequisite for the issuance of an annual registration for the practice of optometry;

(f) respecting the temporary registration to enable clinicians from educational institutions to be registered under the Act;

(f.1) for the purpose of section 6.1, respecting the establishment, membership and responsibilities of the regulatory advisory committee;

(g) specifying those schools that are considered to be accredited schools of optometry for the purpose of clause 12(1)(a);

(h) prescribing or adopting a course of studies in general and ocular pharmacology as it applies to the practice of optometry;

(i) respecting the requirements for obtaining an optometric drug licence.

Rules

7(2)        The council may make rules governing its procedure and the day to day administration of the affairs of the association.

S.M. 1992, c. 40, s. 3; S.M. 2008, c. 13, s. 6.

Appointment of examiners

8(1)        The council shall appoint a board of examiners, one of whom shall be the registrar, for the purpose of conducting the examinations of the association and passing upon the qualifications of applicants for admission thereto; and the board may consist in whole or in part of members of the council.

Lay person on examining board

8(2)        Notwithstanding subsection (1), the Lieutenant Governor in Council shall appoint a lay person as a member of the examining board for such term as may be fixed by the Order in Council.

Council to provide course

8(3)        The council may, for the purpose of enabling an optometrist who fails to meet the requirements of clause 12(2)(a) to qualify for an optometric drug licence, arrange to provide a course consistent with a course prescribed or adopted in a regulation made under clause 7(1)(h).

S.M. 1992, c. 40, s. 3; S.M. 2008, c. 13, s. 7.

Further powers

9(1)        The association may make by-laws, not inconsistent with this Act, for

(a) the setting and holding of examinations for licensure, including those which may be established under a central examining board for the purpose of inter-jurisdictional standardization;

(b) the management of its property;

(c) all such purposes as may be necessary for the operation and management of the affairs of the association;

(d) the remuneration, if any, to be paid to the members of the board of examiners or the members of the council or both;

(e) the election of members of the council;

(f) the establishment of standards to govern the advertisement by members of optometric services provided by them;

(g) defining professional misconduct and conflict of interest for the purposes of this Act;

(h) the establishment of such committees and their procedure as may be required and prescribing the duties and responsibilities of those committees;

(i) the establishment or adoption, or both, of rules of ethics and professional standards and guidelines governing the practice of optometry;

(j) the prescribing of fees to be paid by persons

(i) applying for registration under this Act,

(ii) for an examination under section 11, or

(iii) applying for an optometric drug licence under section 12.

Rules of ethics to provide for medical consultation

9(2)        The rules of ethics established and adopted pursuant to clause (1)(i) shall provide, inter alia, that every member of the association shall observe the usual and customary procedures in consulting with or referring to a duly qualified medical practitioner a suspected medical problem where the consultation or referral is in the best interest of the patient.

Effective date of by-laws

9(3)        A copy of each by-law shall be mailed to each member of the association at his address as registered with the association within two weeks from the date it is passed; and does not take effect until the expiration of one month from the date it is passed.

Annulment of by-laws

9(4)        Any by-law may be annulled by the Lieutenant Governor in Council for any reason he may deem just.

S.M. 1992, c. 40, s. 3; S.M. 2008, c. 13, s. 8.

Registration under former Act

10          Every person who has received a certificate of registration under any Act for which this Act is substituted, continues to be entitled to practise optometry under this Act, subject to this Act.

S.M. 1989-90, c. 90, s. 34.

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.

S.M. 2001, c. 38, s. 3.

Registration if emergency

11.1(1)     Despite anything in this Act or the regulations, the board of examiners may waive any requirements for registration under this Act and the regulations to allow a person who is authorized to practise optometry in another jurisdiction in Canada or the United States to practise optometry in the province during an emergency, if the minister gives the board of examiners written notice that

(a) a public health emergency exists in all or part of the province; and

(b) he or she has determined, after consulting with public health officials and any other persons that the minister considers advisable, that the services of an optometrist from outside the province are required to assist in dealing with the emergency.

Emergency need not be declared

11.1(2)     The board of examiners may exercise its authority under subsection (1) even if no emergency has been declared under an enactment of Manitoba or Canada.

Certificate of registration or licence

11.1(3)     If necessary to carry out the intent of this section, the board of examiners may authorize the registrar to issue a certificate and to issue an optometric drug licence to a person allowed to practise under subsection (1), on such terms and conditions as the board of examiners may determine.

S.M. 2005, c. 39, s. 46.

Optometric drug licence

12(1)       No optometrist shall prescribe or administer a drug unless

(a) the optometrist holds an optometric drug licence issued under this Act; and

(b) the drug is designated in the regulations.

Entitlement to licence

12(2)       When an optometrist applies for an optometric drug licence, the board of examiners must issue it if the optometrist

(a) meets the requirements specified in the regulations for obtaining the licence; and

(b) pays any fees required by the by-laws.

S.M. 2008, c. 13, s. 9.

Use of designation "optometrist"

13          No person shall, in Manitoba, make use of the title "optometrist" or describe himself as an "optometrist" unless he holds a valid and subsisting certificate of registration issued under this Act.

Display of certificate

14          Every person practising optometry shall display his certificate of registration in a conspicuous place in his office or place wherein he practises optometry.

S.M. 1989-90, c. 90, s. 34.

Examination fee payable in advance

15(1)       The fee payable for an examination under section 11 is payable in advance to the treasurer or the secretary-treasurer of the association.

Dues

15(2)       Every holder of a certificate is a member of the association, and is liable to pay the dues of the association fixed by the council.

Annual fee

15(3)       Each registered optometrist shall pay to the treasurer or secretary-treasurer such annual dues as are set by the association, and upon payment thereof shall receive an annual renewal of his certificate; and, in case of default in the payment of the dues, his certificate may be revoked by the council upon 30 days' notice being given.

Reissue of revoked certificate

15(4)       Where a certificate is revoked under subsection (3), it may be reissued by the council upon payment of the dues, together with such sum as may be prescribed by by-laws as a penalty.

Re-registration after lapse

15(5)       Where a person who has held a certificate of registration under this Act, that has not yet been renewed for five consecutive years, applies for re-registration under this Act, he shall apply to the council to be registered; and the council may issue a certificate of registration upon such conditions as it deems fit and as are approved by the association at a general meeting thereof.

S.M. 1992, c. 40, s. 3.

Expenses of association

16(1)       No expenses of the association are a charge against the Consolidated Fund.

Disposition of funds received

16(2)       All moneys received from fees, penalties, and dues shall be placed in a bank or invested in securities that are a lawful investment for a trustee under The Trustee Act and constitute a fund for the use of the association.

S.M. 1992, c. 40, s. 3; S.M. 2002, c. 47, s. 30.

Restriction on use of title "Doctor"

17          No person practising optometry shall, in conjunction with his name and to designate his profession or calling, display or make use of the prefix or title "Doctor" or the abbreviation "Dr.", or any other words or letters commonly used to designate a legally qualified medical practitioner, or which suggests that he is a graduate or licentiate in medicine or surgery of any university or diploma granting body, unless at the same time he displays, or makes use of, the word "optometrist", immediately preceding or following his name.

Complaints committee

18          The council shall appoint a complaints committee consisting of one or more members.

S.M. 1988-89, c. 13, s. 34; S.M. 1992, c. 40, s. 6.

Making a complaint

18.1(1)     Any person may make a complaint in writing to the registrar about the conduct of a member.

Complaints against former members

18.1(2)     If, after a member's certificate of registration is suspended, revoked or not renewed under this Act,

(a) a complaint is made about the former member; and

(b) the complaint relates to conduct occurring while the former member's registration was in effect;

the complaint may be dealt with if it is made within two years following the date of suspension, revocation or failure to renew as if the former member's registration were still in effect.

Referral to complaints committee

18.1(3)     The registrar shall refer a complaint made under this section to the complaints committee.

S.M. 1992, c. 40, s. 6.

Notice of complaint and investigation

18.2(1)     When the registrar refers a complaint to the complaints committee, the committee shall

(a) notify the member named in the complaint and request that the member respond to the complaint in writing; and

(b) conduct a preliminary investigation of the complaint and attempt to resolve it informally if, in the committee's opinion, it is appropriate to do so.

Records and information

18.2(2)     When conducting a preliminary investigation, the complaints committee may require the investigated member

(a) to produce to the committee any records in the possession or under the control of the investigated member; and

(b) to attend at the preliminary investigation.

Failure to produce records

18.2(3)     The association may apply ex parte to the court for an order

(a) directing the investigated member to produce to the complaints committee any records in his or her possession or under his or her control, if it is shown that the investigated member failed to produce them when required by the complaints committee; or

(b) directing any person to produce to the complaints committee any records that are or may be relevant to the complaint being investigated.

Investigation of other matters

18.2(4)     The complaints committee may investigate any other matter related to the professional conduct or the skill in practice of the investigated member that arises in the course of the investigation.

S.M. 1992, c. 40, s. 6.

Decision of complaints committee

18.3(1)     On conclusion of a preliminary investigation, the complaints committee may

(a) direct that no further action be taken;

(b) issue a formal written caution to the investigated member censuring the member's conduct; or

(c) direct that the matter be referred in whole or in part to the discipline committee.

Notice of decision

18.3(2)     The complaints committee shall notify the investigated member and the complainant of a decision made under subsection (1).

Hearing not required

18.3(3)     Unless it is considering the issuance of a formal caution to the investigated member, the complaints committee is not required to hold a hearing or to afford to any person an opportunity to appear or to make oral submissions before making a decision or giving a direction under this section.

Issuance of formal caution

18.3(4)     A formal caution may be issued under clause (1)(b) only after the complaints committee has met with the investigated member.

Where no agreement respecting caution

18.3(5)     On being advised of a decision of the complaints committee to issue a formal caution under clause (1)(b), the investigated member may request the complaints committee to refer the matter to the discipline committee, and in that event the matter shall be referred to the discipline committee and the complaints committee shall not proceed with the issuance of the proposed caution.

S.M. 1992, c. 40, s. 6.

Appeals committee

18.4(1)     The council shall, in accordance with the by-laws, appoint an appeals committee consisting of three persons, two of whom are active members of the association and one of whom is a lay person appointed from the roster of persons appointed under subsection 18.6(2).

Member not to have taken part in investigation

18.4(2)     No person who participated in the investigation of a complaint shall be a member of the appeals committee hearing an appeal of that matter.

Appeal by complainant to appeals committee

18.4(3)     A complainant who receives notification under subsection 18.3(2) directing that no further action be taken in connection with the complaint may, by notice in writing mailed within 30 days of the date of notification, appeal that direction to the appeals committee.

Power on appeal

18.4(4)     On an appeal under subsection (3), the appeals committee shall do one or more of the following:

(a) make any decision that in its opinion ought to have been made by the complaints committee;

(b) quash, vary or confirm the decision of the complaints committee;

(c) refer the matter back to the complaints committee for further consideration in accordance with any direction that the appeals committee may make.

Notification of appeal committee's decision

18.4(5)     The appeals committee shall notify the investigated member and complainant in writing of its decision and the reasons for its decision.

Hearing not required

18.4(6)     The appeals committee is not required to hold a hearing or to afford to any person an opportunity to appear or to make oral submission before making a decision or giving a direction under subsection (4), but the committee shall give the complainant an opportunity to make a written submission.

S.M. 1992, c. 40, s. 6.

Suspension pending decision

18.5(1)     Notwithstanding anything in this Act, the complaints committee may, when there is a question of serious risk to the public, suspend a member's certificate of registration pending the outcome of proceedings under sections 18 to 18.17.

Application for stay

18.5(2)     The investigated member may, by filing an application with the court and serving a copy on the registrar, apply for an order of the court staying a decision of the complaints committee under subsection (1).

S.M. 1992, c. 40, s. 6.

Discipline committee established

18.6(1)     The council shall appoint a discipline committee consisting of not less than three persons, of whom one shall be appointed chairperson, and at least one member of the discipline committee shall be a lay person.

Roster of lay members

18.6(2)     For the purpose of subsection (1) and subsection 18.4(1), the minister may appoint a roster of lay persons who may, in addition to the lay member appointed to the council under subsection 5(2), be appointed to the discipline committee and the appeals committee.

Member not to have taken part in investigation

18.6(3)     No person who participated in the investigation of a complaint or who considered an appeal of a complaint shall act as a member of the discipline committee considering the same matter.

Hearing by discipline committee

18.6(4)     On referral of a matter to the discipline committee, the discipline committee shall hold a hearing.

Service of notice of hearing

18.6(5)     At least 30 days before the hearing, the discipline committee shall serve on the investigated member, either personally or by registered mail, a notice stating the date, time and place at which the discipline committee will hold the hearing.

Right to appear and be represented

18.6(6)     The association and the investigated member may appear and be represented by counsel at a hearing before the discipline committee.

S.M. 1992, c. 40, s. 6.

Hearing open to public

18.7(1)     Except as otherwise provided in this section, a hearing of the discipline committee shall be open to the public, but there shall be no reporting in the media of anything that would disclose the identity of the investigated member, including the member's name, the business name of the member's practice or partnership, or the location of practice, unless and until the discipline committee makes an order under section 18.12 or 18.13.

Request for hearing in private

18.7(2)     The investigated member, or the complaints committee or the appeals committee referring a matter to the discipline committee under subsection 18.3(1) or 18.4(4), may request that the hearing or any part of the hearing be held in private.

Hearing in private

18.7(3)     When a request is made under subsection (2), the discipline committee may exclude the public from the hearing or any part of the hearing, or may direct that the investigated member or any witness be identified only by initials, if the committee is satisfied that

(a) matters involving public security may be disclosed;

(b) financial or personal or other matters may be disclosed at the hearing that are of such a nature that the desirability of avoiding public disclosure of those matters, either in the public interest or in the interest of any person affected, outweighs the desirability of adhering to the principle that meetings be open to the public;

(c) a person involved in a criminal proceeding or in a civil suit or proceeding may be prejudiced; or

(d) the safety of a person may be jeopardized.

S.M. 1992, c. 40, s. 6.

Evidence

18.8(1)     At a hearing of the discipline committee, the oral evidence of witnesses shall be taken on oath or affirmation and there shall be a full right to cross examine witnesses and call evidence in defence and reply.

Power to administer oaths

18.8(2)     For the purpose of a hearing under this Act, the members of the discipline committee have power to administer oaths and affirmations.

Recording of evidence

18.8(3)     The oral evidence given at a hearing of the discipline committee shall be recorded.

S.M. 1992, c. 40, s. 6.

Witnesses

18.9(1)     The investigated member and any other person who, in the opinion of the discipline committee, has knowledge of the complaint or matter being investigated are compellable witnesses in any proceeding under this Act.

Notice to attend and produce records

18.9(2)     The attendance of witnesses before the discipline committee and the production of records may be enforced by a notice issued by the registrar requiring the witness to attend and stating the date, time and place at which the witness is to attend and the records, if any, that the witness is required to produce.

Registrar shall provide notices

18.9(3)     On the written request of the investigated member or the member's counsel or agent, the registrar shall provide any notices that the person requires for the attendance of witnesses or the production of records.

Failure to attend or give evidence

18.9(4)     Proceedings for civil contempt of court may be brought against a witness

(a) who fails to attend before the discipline committee in compliance with a notice to attend;

(b) who fails to produce any records in compliance with a notice to produce them; or

(c) who refuses to be sworn or to affirm or who refuses to answer any question he or she is directed to answer by the discipline committee.

Witness fees

18.9(5)     A witness, other than the investigated member, who has been served with a notice to attend or a notice for production under subsection (2) or (3), is entitled to be paid the same fees in the same manner as are payable to a witness in an action in the court.

S.M. 1992, c. 40, s. 6.

Hearing in absence of investigated member

18.10       The discipline committee, on proof of service on the investigated member of the notice of hearing, may

(a) proceed with the hearing in the absence of the investigated member or the member's counsel or agent; and

(b) act and decide on the matter heard in the same way as if the investigated member were in attendance.

S.M. 1992, c. 40, s. 6.

Unskilled practice or professional misconduct

18.11       Any conduct of a member that in the opinion of the discipline committee

(a) is detrimental to the public interest;

(b) harms or tends to harm the standing of the profession of optometry generally;

(c) contravenes this Act or the regulations or by-laws; or

(d) displays a lack of knowledge of or a lack of skill or judgment in the practice of optometry;

constitutes either unskilled practice of optometry or professional misconduct, whichever the discipline committee finds.

S.M. 1992, c. 40, s. 6.

Orders of discipline committee

18.12(1)    If the discipline committee finds that the conduct of an investigated member constitutes unskilled practice of optometry or professional misconduct, or both, the committee may make one or more of the following orders:

(a) reprimand the member;

(b) suspend the member's certificate of registration for a stated period or until the member has completed, to the satisfaction of the discipline committee, one or both of the following:

(i) a course of studies or supervised practical clinical experience, or both, as specified by the committee,

(ii) a specified course of treatment for a health condition that adversely affects the member's ability to practise optometry;

(c) impose conditions on the member's entitlement to practise optometry, including conditions that the member

(i) limit his or her practice to specified areas of the practice of optometry,

(ii) practise under supervision,

(iii) permit periodic inspections of the member's practice or audits of records or both,

(iv) report to the discipline committee, registrar or council on specific matters,

(v) complete a particular course of studies or obtain supervised practical clinical experience, or both, to the satisfaction of the discipline committee,

(vi) complete, to the satisfaction of the discipline committee, a specified course of treatment for a health condition that adversely affects the member's ability to practise optometry,

and may order the member to pay any costs associated with the fulfillment of such conditions;

(d) direct the member to waive or reduce money owed to, or repay part or all of the money paid to the member that, in the opinion of the discipline committee, was unjustified for any reason;

(e) revoke the member's certificate of registration.

Committee may consider cautions

18.12(2)    In order to assist the discipline committee in determining an appropriate order under this section, the committee may be advised of any formal cautions previously issued to the member under clause 18.3(1)(b) and the circumstances under which they were issued.

Suspension or revocation of registration

18.12(3)    When a member's certificate of registration is suspended or revoked, the member shall not practise optometry during the period of the suspension or revocation.

Ancillary orders

18.12(4)    The discipline committee may make any ancillary order that is appropriate or required in connection with an order mentioned in subsection (1) or may make any other order that it considers appropriate in the circumstances, including an order that a further or new investigation be held into any matter.

S.M. 1992, c. 40, s. 6.

Costs and fines

18.13(1)    The discipline committee may, in addition to or instead of dealing with the conduct of an investigated member in accordance with section 18.12, order that the investigated member pay

(a) all or part of the costs of the investigation and hearing;

(b) a fine not exceeding $10,000.; or

(c) both costs under clause (a) and the fine under clause (b);

within the time set by the order.

Failure to comply with order

18.13(2)    If an investigated member fails to comply with an order made under subsection (1) or section 18.12, the council may suspend the member's certificate or registration until the order is complied with.

Filing of order

18.13(3)    The association may file an order to pay a fine or costs made under subsection (1) or section 18.12 in the court, and on the order being filed it may be enforced in the same manner as a judgment of the court.

S.M. 1992, c. 40, s. 6.

Written decision

18.14(1)    The discipline committee shall, following the completion of a hearing, make a written decision on the matter consisting of the reasons for its decision and a statement of any order made by it.

Service of decision

18.14(2)    The decision of the discipline committee shall be served on the investigated member personally or by registered mail.

Copies of transcript

18.14(3)    The investigated member may examine the record of the proceedings before the discipline committee and is entitled to receive, on payment of the cost of providing it, a transcript of the oral evidence given before the discipline committee.

S.M. 1992, c. 40, s. 6.

Publication of decision

18.15       The association may, after the expiration of any appeal period, publish

(a) the name of a member in respect of whom an order is made under section 18.12 or 18.13; and

(b) the circumstances relevant to the findings and the order of the discipline committee.

S.M. 1992, c. 40, s. 6.

Stay pending appeal to court

18.16       The decision of the discipline committee remains in effect pending an appeal to the court unless the court, on application, stays the decision pending the appeal.

S.M. 1992, c. 40, s. 6.

Appeal to court

18.17(1)    An investigated member may appeal an order made by the discipline committee to the court.

Commencement of appeal

18.17(2)    An appeal shall be commenced

(a) by filing a notice of appeal stating the reasons for the appeal and including an undertaking to provide the court with a transcript of the oral evidence given before the discipline committee; and

(b) by giving a copy of the notice of appeal to the registrar;

within 30 days from the date on which the order of the discipline committee is served on the investigated member.

Appeal on the record

18.17(3)    An appeal to the court shall be founded on the record of the hearing before the discipline committee.

Powers of court on appeal

18.17(4)    On hearing the appeal, the court may make any order it considers just.

S.M. 1992, c. 40, s. 6.

Protection from liability

18.18       No action lies against the association, the council, the registrar, an employee of the association, a committee or board or member of a committee or board established under this Act or the regulations or the by-laws, or any officer or person acting on the instructions of any of them for anything done in good faith in the performance or intended performance of a duty or in the exercise or intended exercise of a power under this Act, the regulations or the by-laws or for any neglect or default in the performance or exercise in good faith of such a duty or power.

S.M. 1992, c. 40, s. 6.

Practising without certificate forbidden

19(1)       No person, not a holder of a valid and subsisting certificate of registration duly issued and recorded as herein provided, shall practise optometry within the province.

Personation

19(2)       No person shall falsely personate a registered optometrist of a like or different name, or buy, sell, or fraudulently obtain a certificate of registration issued to another.

Evidence of practising

19(3)       Evidence of practising or offering to practise, or of the public representation of being qualified to practise, optometry as herein provided is admissible in evidence in any prosecution for a violation of this section.

Prima facie proof of practising optometry

19(4)       The use of

(a) test lenses or trial frames; or

(b) instrumentation to measure or refract the human visual system; or

(c) instrumentation to detect or diagnose defects of the human visual system;

is admissible in evidence as prima facie proof of practising optometry.

Offence and penalty

19(5)       Every person who violates the provisions of this section is guilty of an offence and on summary conviction is liable

(a) for a first offence, to a fine of not less than $500. or more than $1,000., or to imprisonment for a term of six months, or to both; and

(b) for a second or subsequent offence to a fine of not less than $1,000. or more than $2,000., or to imprisonment for a term of one year, or to both.

Injunction

19(6)       Where a person practises optometry, or attempts to practise optometry, or any branch thereof, or does or attempts to do anything contrary to this Act, or any regulation or by-law made under this Act the Court of Queen's Bench, on motion of the secretary of the association, may restrain the person by injunction from doing any of those things.

Prima facie validity of certificate

19(7)       In any action, proceeding or prosecution, a certificate signed by the secretary and under the seal of the association shall be admitted in evidence as prima facie proof of the registration or non-registration as a member of the association of any person named in the certificate or of the suspension from practice as a member of the association of any person named in the certificate, as of the date of the certificate without proof of the signature or appointment of the secretary.

S.M. 1989-90, c. 90, s. 34; S.M. 1992, c. 40, s. 3 and 7.

Non-application

20          Nothing in this Act applies to duly qualified medical practitioners, or to opticians to the extent that they are authorized to practise under The Opticians Act.

S.M. 1999, c. 26, s. 18.

Certain sales exempted

21          Nothwithstanding anything contained in this Act, any person

(a) who sells glasses or contact lenses on prescription from a duly qualified medical practitioner or a duly registered optometrist; or

(b) who sells complete ready-to-wear glasses or other visual aids as merchandise from a permanent place of business;

is not solely by reason thereof, practising optometry or contravening this Act.

Confidentiality of information

22(1)       Subject to section 23, 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, or is required to be disclosed, 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.

S.M. 1998, c. 32, s. 10; S.M. 2005, c. 39, s. 47.

Registrar to collect information

23(1)       In addition to any other information maintained in administering this Act, the registrar must collect and record each member's

(a) date of birth;

(b) sex; and

(c) education or training, as required for registration and renewal of registration.

Member to provide information

23(2)       A member must provide the registrar with the information required under subsection (1) in the form and at the time set by the registrar.

Minister may require information

23(3)       The minister may request in writing that the registrar provide information on members — including personal information — contained in the register or collected under subsection (1), to establish and maintain an electronic registry of health service providers to be used for the following purposes:

(a) to validate the identity of a provider seeking access to a patient's personal health information maintained in electronic form;

(b) to administer programs respecting payment for professional services under The Health Services Insurance Act;

(c) to generate information — in non-identifying form — for statistical purposes.

Registrar to provide information to minister

23(4)       The registrar must provide the minister with the information — including personal information — requested under subsection (3), in the form and at the time set by the minister after consulting with the registrar.

Minister may disclose information

23(5)       Despite any other provision of this Act or any provision of another Act or a regulation, the minister may

(a) disclose — in non-identifying form — information provided under subsection (4) to any entity authorized to receive it under subsection (6); and

(b) impose conditions respecting the use, retention and further disclosure of the information.

An entity must comply with any conditions imposed by the minister.

Authorized entities

23(6)       The following entities are authorized to receive information — in non-identifying form — under subsection (5):

(a) a regional health authority established or continued under The Regional Health Authorities Act;

(b) Regional Health Authorities of Manitoba, Inc.;

(c) CancerCare Manitoba;

(d) The Manitoba Centre for Health Policy;

(e) a government or organization with which the Government of Manitoba has entered into an agreement to share information for the purposes stated in subsection (3).

S.M. 2005, c. 39, s. 48.

 

 


Accessibility Disclaimer Copyright Privacy Contact Government