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S.M. 2005, c. 51

Bill 5, 4th Session, 38th Legislature

The Dental Hygienists Act

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PART 1
DEFINITIONS
1 Definitions
PART 2
PRACTICE OF DENTAL HYGIENE
2(1) Practice of dental hygiene
(2) Included practices
3(1) Representation as a dental hygienist
(2) Use of title
PART 3
COLLEGE OF DENTAL HYGIENISTS
OF MANITOBA
4(1) College established
(2) Duty to serve the public interest
(3) Powers
(4) Membership
(5) Meetings
(6) Notice of meetings
5(1) Council
(2) Council to manage affairs
6(1) Composition of council
(2) Public representatives
(3) By-laws for election and appointment of members
(4) Officers
(5) Remuneration
(6) Registrar and staff
(7) Committees
PART 4
REGISTRATION
REGISTERS
7(1) Registers
(2) Register of dental hygienists
(3) Access to information
APPLICATIONS FOR REGISTRATION
8 Board of assessors
9(1) Registration of dental hygienists
(2) Conditions
(3) Entry in the register
(4) Certificate of registration
10(1) Registration if emergency
(2) Emergency need not be declared
(3) Certificate of registration
11 Application for registration not approved
APPEALS
12(1) Appeal to council
(2) Notice
(3) Hearing
(4) Right to appear
(5) Participation by member of board of assessors
(6) Decision by council
(7) Notice of decision of appeal
13(1) Appeal to court
(2) Powers of court on appeal
REGISTRATION OF STUDENTS
14(1) Registration of students
(2) Appeal from refusal to register
ANNUAL CERTIFICATE OF REGISTRATION
15 Certificate of registration
CANCELLATION OF REGISTRATION
16(1) Registration may be cancelled if fraud
(2) Registration may be cancelled if conviction
(3) Appeal
PART 5
CONTINUING COMPETENCY
17 Continuing competency program
PART 6
COMPLAINTS
18 Definitions
19 Roster of public representatives
COMPLAINTS COMMITTEE
20(1) Complaints committee
(2) Public representatives
21(1) Complaints against members
(2) Complaints against former members
22(1) Referral to complaints committee
(2) Notice of referral
23(1) Informal resolution
(2) Investigation
(3) Records and information
(4) Failure to produce records
(5) Investigation of other matters
(6) Report to the complaints committee
DECISION OF COMPLAINTS COMMITTEE
24(1) Decision of complaints committee
(2) Matter not resolved by mediation
(3) Decision served on member and complainant
(4) Hearing not required
25(1) Conditions on right to practise
(2) Costs
CENSURE
26(1) Personal appearance
(2) Publication of censure
(3) Order for costs
VOLUNTARY SURRENDER OF REGISTRATION
27(1) Voluntary surrender of registration
(2) Order for costs
28 Conditions on reinstatement
APPEAL BY COMPLAINANT
29(1) Appeal by complainant to council
(2) Notice
(3) Power on appeal
(4) Notice of decision
(5) Hearing not required
SUSPENSION OF REGISTRATION PENDING DECISION
30(1) Suspension of registration pending decision
(2) Notice of suspension or conditions
31 Application for stay
MISCELLANEOUS
32 Referral to inquiry committee
33 Disclosure of information to authorities
INQUIRY COMMITTEE
34(1) Inquiry committee
(2) Public representatives
35(1) Selection of panel
(2) Composition
(3) Exclusion from panel
(4) Effect of member being unable to continue
HEARINGS
36(1) Hearing
(2) Date of hearing
(3) Notice of hearing
(4) Public notice of hearing
37(1) Right to appear and be represented
(2) Adjournments
(3) Recording of evidence
38(1) Member may examine documentary evidence
(2) Member to provide documentary evidence
(3) Evidence of expert without report
(4) Failure to provide summary
39 Investigation of other matters
40(1) Hearing open to public
(2) Request for private hearing
(3) When private hearing may be held
(4) Reasons for excluding the public to be available
41(1) Evidence
(2) Power to administer oaths
42(1) Witnesses
(2) Notice to attend and produce records
(3) Registrar to provide notices
(4) Witness fees
(5) Failure to attend or give evidence
43 Hearing in absence of member
DECISION OF PANEL
44 Findings of panel
45(1) Orders of panel
(2) Panel may consider past censure
(3) Ancillary orders
(4) Costs when conditions imposed
(5) Contravention of order
46(1) Costs and fines
(2) Nature of costs
(3) Failure to pay costs and fines by time ordered
(4) Filing of order
47(1) Written decision
(2) Decision forwarded to registrar
(3) Service of decision
(4) Copies of transcript
48 Publication of decision
APPEAL TO COURT OF APPEAL
49(1) Appeal to Court of Appeal
(2) Commencement of appeal
(3) Appeal on the record
50 Powers of Court on appeal
51 Stay pending appeal
REINSTATEMENT
52 Reinstatement
PART 7
REGULATIONS, BY-LAWS AND
CODE OF ETHICS
53(1) Regulations
(2) Approval of regulations
54(1) By-laws
(2) Amendments and repeal of by-laws
55 Code of ethics
PART 8
GENERAL PROVISIONS
PRACTICE AUDITORS
56(1) Appointment of practice auditors
(2) Audit of a member's practice
57(1) Entry of premises and inspection of records
(2) Admissibility of copies
(3) Entry with order
(4) Obstruction of practice auditor
SERVICE OF DOCUMENTS
58(1) Service of documents
(2) Deemed receipt
REGISTRAR'S CERTIFICATE
59 Registrar's certificate
PROOF OF CONVICTION
60 Proof of conviction
OFFENCES
61(1) Offence
(2) Offence
(3) Fraudulent representation on application for registration
(4) Offence by employer
(5) Limitation on prosecution
(6) Prosecution of offence
(7) Stay of proceedings
62 Single act of unauthorized practice
PROTECTION FROM LIABILITY
63 Protection from liability
64 Limitation period for members
CONFIDENTIALITY OF INFORMATION
65 Confidentiality of information
66(1) Registrar to collect information
(2) Member to provide information
(3) Minister may require information
(4) Registrar to provide information
(5) Minister may disclose information
(6) Authorized entity
67 Injunction
DUTY OF MEMBERS TO REPORT
68(1) Duty of members to report
(2) Exemption from liability for disclosure
EMPLOYER'S RESPONSIBILITY
69(1) Employer's responsibility to ensure registration
(2) Responsibility to report misconduct
ANNUAL REPORT
70(1) Annual report
(2) Contents of report
PART 9
TRANSITIONAL, C.C.S.M. REFERENCE AND COMING INTO FORCE
71(1) Transitional council of the college
(2) Powers of transitional council
(3) Registration in transitional period
(4) Powers of minister
(5) Transitional council to comply with minister's request
(6) Lieutenant Governor in Council regulations
(7) Authority
72 Transition after Act in force
73 C.C.S.M. reference
74(1) Coming into force
(2) Coming into force: section 71