C.C.S.M. c. D34
The Dental Hygienists Act
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 |
INJUNCTION | |
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 |