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C.C.S.M. c. R117

The Regulated Health Professions Act

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Table of Contents

PART 1
INTERPRETATION
1 Definitions
(2) Included references
(3) Conditions
(4) Reference to "practising" members
PART 2
RESERVED ACTS
INTERPRETATION
2 Purpose
3 Definitions
WHAT IS A RESERVED ACT?
4 List of reserved acts
WHO MAY PERFORM A RESERVED ACT?
5 Performance of reserved acts restricted
(2) Person or class of persons may be exempted
(3) Activities may be exempted
(4) Supervision
(5) Requiring another person to perform a reserved act
DELEGATION OF A RESERVED ACT
6 Delegation of a reserved act
(2) Council must make regulations
(3) Performance of a delegated reserved act
PUBLIC HEALTH EMERGENCY
7 Public health emergency
(2) Statutes and Regulations Act does not apply
PART 3
GOVERNANCE
DESIGNATION
8 Designating regulated health professions, establishing colleges
COLLEGE
9 College is a corporation
(2) Powers and capacity
(3) Corporations Act does not apply
10 Duty to serve the public interest
(2) Mandate of college
(3) College must not set professional fees
11 Membership
COUNCIL
12 Council
(2) Council to manage affairs
13 Composition of council
(2) Public representatives appointed by minister
(3) Public representatives appointed by council
(4) Additional council members
(5) By-laws for election and appointment of council members
14 Term of office
(2) Multiple terms
(3) Continuing to hold office
15 Quorum
16 Vacancy
17 Council committees
(2) Public representatives
(3) Non-council members may be appointed
18 Remuneration
19 Officers
20 Oath of office
(2) Effect of failure to take oath
(3) Who may administer the oath
(4) Copy of oath to registrar
(5) Breach of oath
(6) Effect of suspension or removal
21 Public representative for only one profession
COMMITTEES AND REGISTRAR
22 Committees
(2) Appointments committee re public representatives
(3) Additional committees
23 Registrar and staff
24 Officials directory
(2) Directory information public
MEETINGS
25 Annual general meeting
(2) Special meeting
(3) Special meeting on written request
(4) Notice of meetings
(5) Public meetings
PART 4
REGISTRATION AND
CERTIFICATE OF PRACTICE
REGISTERS
27 Registrar to maintain registers
28 Register of regulated members
(2) Register of regulated associate members
(3) Register information public
(4) Information not to be available on the Internet
(5) Minister may exempt colleges
29 Honorary membership
30 Corporations and other entities are not members
APPLYING FOR REGISTRATION
31 Who considers and decides registration applications?
32 Registration of regulated members
(2) Conditions
(3) Labour mobility
33 Registration of regulated associate member
34 Application for registration not approved
35 Entry on the register
36 Error on the register
CERTIFICATE OF REGISTRATION
37 Certificate of registration
(2) Information to be shown on certificate of registration
(3) Certificate of registration does not expire
(4) Certificate of registration may be amended
APPEALS
38 Appeal to council
(2) How to appeal
(3) Hearing
(4) Panel may hear appeal
(5) Decision or action of panel
(6) Right to appear
(7) Counsel
(8) Member of council who is also member of board of assessors
(9) Decision by council
(10) Notice of decision on appeal
39 Appeal to court
(2) Powers of court on appeal
CERTIFICATE OF PRACTICE
40 Certificate of practice — regulated members
(2) Conditions
(3) Information to be shown on certificate of practice
41 Certificate of practice — regulated associate members
(2) Conditions
(3) Information to be shown on certificate of practice
42 Application not approved
43 Appeal
(2) Sections 38 and 39 apply
44 Producing certificate of practice
45 Displaying certificate of practice
RENEWAL
46 Renewal of certificate of practice
(2) Conditions
(3) Certificate of practice continues
(4) Non-renewal for failure to pay fees or apply in time
(6) Effect of non-renewal
47 Appeal
CANCELLATION
48 Registrar's report
(2) Council may direct registrar to cancel registration or certificate of practice
(3) Cancelled if conviction
49 Written notice of cancellation required
(2) Appeal
(3) Surrender
(4) Name removed from registrar
50 Reinstatement
51 Cancellation for other reasons
52 Effect of cancellation
PROHIBITIONS
(2) Assisting the making of false representation
54 Unauthorized practice prohibited
55 Prohibition re accredited facilities
PUBLIC HEALTH EMERGENCY
56 Application
(2) Practising during public health emergency
(3) Determination of public health emergency
(4) Minister may impose conditions
(5) Certificate of practice
(6) Prohibition re unauthorized practice does not apply
(7) Definitions
PART 5
BUSINESS ARRANGEMENTS
PRACTICE IN ASSOCIATION
57 Practising in association
(2) Meaning of "practise in association"
(4) Duty to report
(5) Exemption from liability for disclosure
HEALTH PROFESSION CORPORATIONS
58 Definitions
59 Authority of health profession corporation to practise
(2) How health profession corporation to practise
60 Permit for health profession corporation
(2) Conditions
(3) Validity
(4) Validity during consideration of renewal application
(5) Refusal to issue or renew permit
(6) Notice of decision
(7) Appeal to council
(8) How to appeal
(9) Decision by council
(10) Appeal to court
61 Carrying on practice without permit prohibited
62 Restriction on use of name
(2) Restriction on business of health profession corporation
(3) Interpretation of business restriction
(4) Validity of corporate act
63 Conflict in duties
64 Regulated member must comply with Act, etc.
(2) Contraventions by corporation prohibited
(3) Obligations to persons receiving health care not diminished
(4) Liability of regulated members
(5) Liability of voting shareholders
(6) Investigation of regulated member practising through corporation
(7) Regulated member's conditions apply to corporation
65 Suspending or cancelling permit
(2) Limitation
(3) Surrender of permit
66 Alternatives to suspending or cancelling permit
67 Written notice of cancellation required
(2) Appeal to court
(3) Powers of court on appeal
68 Notice of changes
69 Voting agreements void
(2) Unanimous shareholders' agreements void
70 Holding out as a health profession corporation
(2) Holding out as a shareholder, officer, etc.
71 Making false representations or declarations
(2) Assisting the making of false representation
72 Prohibition re accredited facilities
73 Record of health profession corporations
(2) Registrar to maintain record
(3) Contents of record
(4) Record information public
74 College powers
75 Non-application to pharmacies
ADVERTISING
76 Prohibition re false advertising
PART 6
TITLE RESTRICTION
77 Title restriction: member of college
78 Restricted use of "doctor", "surgeon", "physician"
(2) College of Physicians and Surgeons
(3) College of Dentists
(4) College of Chiropractors
(5) College of Naturopathic Doctors
(6) College of Optometrists
(7) College of Pharmacists
(8) College of Podiatrists
(9) College of Psychologists
(10) Non-application
79 Holding out as a college
(2) Non-application
80 Holding out as a college officer or employee
81 Use of "registered", "licensed"
(2) Exception
PART 7
STANDARDS OF PRACTICE,
CODE OF ETHICS, PRACTICE
DIRECTIONS AND CONTINUING
82 Standards of practice
(2) Incorporation by reference
(3) [Repealed]
(4) Scope of regulations
(5) College regulates more than one health profession
(6) Consultation
(7) Approval of regulations
83 Code of ethics
(2) Incorporation by reference
(3) Consultation
84 Copies to be made available
85 Practice directions
86 Member must comply with Act, etc.
87 Continuing competency program
(2) Consultation and approval requirements
PART 8
PROFESSIONAL CONDUCT
WHAT DEFINITIONS APPLY IN THIS PART?
88 Definitions
HOW IS THE ROSTER
OF PUBLIC REPRESENTATIVES MADE?
89 Roster of public representatives
(2) Separate roster for one or more professions
(3) Council may nominate persons for roster
HOW IS A COMPLAINT MADE?
90 Complaint about a member's conduct
(2) How to complain
(3) Complaint if registrar aware of professional misconduct
(4) Complaint against former member
HOW IS A COMPLAINT DEALT WITH?
91 Notice to complainant
(2) Registrar's actions
92 Notice of dismissal
(2) Complainant may apply for review
(3) Referral to committee
(4) Hearing not required
(5) Decision of committee
WHAT IS THE COMPLAINTS
INVESTIGATION COMMITTEE?
93 Establishing complaints investigation committee
(2) Role of the committee
94 Members
(2) Panels
(3) Public representatives
(4) Chair to select panel
(5) Quorum
(6) Decision of panel
INFORMAL RESOLUTION
95 Informal resolution
THE INVESTIGATION
96 Appointment of an investigator
(2) Investigation generally
(3) Who may be an investigator?
(4) Chair or registrar may perform responsibilities
97 Notice of investigation
(2) When information to be given
WHAT DOES AN INVESTIGATOR DO?
98 Investigator's duty
(2) Related matters
(3) Legal counsel and experts
WHAT POWERS DOES AN
INVESTIGATOR HAVE?
99 Powers of an investigator
(2) Identification card
(3) Person must provide information
(4) Computers, photographs and copies
(5) Removal
(6) Admissibility of copies
WHAT HAPPENS IF A PERSON DOES NOT
COOPERATE WITH AN INVESTIGATION?
100 College may apply for court order
(2) Failure to produce records, etc. is professional misconduct
(3) Warrant to enter and investigate
(4) Application without notice
(5) Offences re investigation
WHAT HAPPENS WHEN AN INVESTIGATION
IS COMPLETED?
101 Investigator's report to the committee
(2) Notice to investigated member
(3) Investigating other member
WHAT DECISIONS CAN THE
COMMITTEE MAKE?
102 Decision of complaints investigation committee
(2) Hearing not required
(3) Decision given to parties
103 If mediation unsuccessful
WHAT HAPPENS IF THE INVESTIGATED
MEMBER IS CENSURED?
104 Investigated member may be required to attend in person to be censured
(2) Censure may be made publicly available
(3) Censure relates to ailment, addiction, etc.
(4) Order for costs
WHAT HAPPENS IF THE
INVESTIGATED MEMBER
VOLUNTARILY SURRENDERS
HIS OR HER REGISTRATION?
105 Voluntary surrender of registration
(2) Order for costs
(3) Voluntary surrender may be made publicly available
(4) Voluntary surrender relates to ailment, addiction, etc.
HOW CAN AN INVESTIGATED MEMBER BE
REINSTATED AFTER A VOLUNTARY
SURRENDER?
106 Conditions on reinstatement
107 Costs if conditions placed on right to practise
CAN A COMPLAINANT APPEAL THE
COMMITTEE'S DECISION?
108 Appeal by complainant to council
(2) How to appeal
(3) Appointing an appeal panel
(4) Non-council members may be appointed
(5) Exclusion from appeal panel
(6) Decision of appeal panel
109 Power on appeal
(2) Notice of decision
(3) Hearing not required
CAN AN INVESTIGATED MEMBER BE
SUSPENDED BEFORE A DECISION IS MADE?
110 Suspension or conditions pending decision
(2) Notice of suspension or conditions
(3) Appeal of suspension or conditions
(4) Hearing by council
(5) Right to appear and be represented
(6) Powers on appeal
(7) Application for stay
(8) Application served on the registrar
BREACH OF AN UNDERTAKING
DISCLOSURE TO LAW ENFORCEMENT
112 Information may be disclosed to law enforcement
WITHOUT PREJUDICE COMMUNICATIONS
113 Without prejudice communications
WHAT IS THE INQUIRY COMMITTEE?
114 Appointing an inquiry committee
(2) Role of the committee
115 Members
(2) Panel
(3) Members of the panel
(4) Who cannot sit on panel
(5) If member unable to continue
(6) Decision of panel
HOW DOES A PANEL HOLD A HEARING?
116 Hearing
(2) Date of hearing
(3) Notifying complainant
(4) Notice of hearing
(5) Public notice of hearing
117 Procedure
(2) Rules of evidence do not apply
(3) Right to appear and be represented
(4) Adjournments
118 Hearing in absence of investigated member
119 Witnesses
(2) Oral and affidavit evidence
(3) Oral evidence
(4) Oaths
(5) Notice to attend and produce records
(6) Witness fees
(7) Failure to attend or give evidence
(8) Evidence taken outside Manitoba
120 Prior notice of evidence
(2) Introducing evidence without proper notice
121 Evidence of other matters
IS THE HEARING OPEN TO THE PUBLIC?
122 Hearing open to public
(2) Request for an order that a hearing be private or that a person be identified only by initials
(3) When order may be made
(4) Reasons for the order to be available
(5) No publication other than initials
123 No publication of identifying information
(2) Exception
WHAT FINDINGS CAN THE PANEL MAKE?
124 Decision of the panel
(2) Findings
125 Deemed professional misconduct
(2) Member may make submissions before order made
(3) Form of submissions
WHAT ORDERS CAN THE PANEL MAKE?
126 Orders of panel
(2) Previous censures and orders
(3) Ancillary orders
(4) Suspending or cancelling registration or certificate of practice
(5) Costs re undertaking or conditions
(6) Contravention of order
WHAT COSTS AND FINES CAN
THE PANEL IMPOSE?
127 Costs and fines
(2) Nature of costs
(3) Failure to pay costs and fines by time ordered
(4) Filing of order
THE DECISION
128 Written decision
(2) Decision forwarded to registrar
(3) Decision given to investigated member and complainant
(4) Transcripts
(5) Protecting privacy and personal health information
129 Decision available to the public
(2) College may edit decision
(3) If ailment, emotional disturbance or addiction impairs member's ability to practise
130 Appeal of decision under subsection 129(3)
(2) Notice of appeal
(3) Copy of notice must be given to the college
(4) Decision of the court
(5) Court to protect privacy
WHAT DECISIONS MAY BE APPEALED
131 Appeal to Court of Appeal
(2) How to appeal
(3) Appeal on the record
(4) Sealing part of the record
(5) Review of sealed record by Court
132 Powers of Court on appeal
(2) Stay pending appeal
CAN AN INVESTIGATED MEMBER
WHO IS DISCIPLINED BE
REINSTATED?
133 Reinstatement
WHO IS INFORMED ABOUT THE
DISCIPLINING OF A MEMBER ?
134 Notice to employers and others of discipline
PART 9
OTHER COLLEGE DUTIES
AND RESPONSIBILITIES
PRACTICE AUDITORS
135 Appointment of practice auditors
(2) Entry of premises and inspection of records
(3) Person must provide information
(4) Computers, photographs and copies
(5) Removal
(6) Admissibility of copies
(7) College may apply for court order
(8) Failure to produce records, etc. is professional misconduct
(9) Warrant to enter and investigate
(10) Application without notice
(11) Obstruction of practice auditor
136 Audit for other professions
PRACTITIONER PROFILES
137 Practitioner profiles
(2) Definition
(3) Regulations
(4) Verification of information
(5) Prior review
(6) Scope of regulations
(7) College regulates more than one regulated health profession
(8) Regulation required by the minister
(9) L.G. in C. may make regulation
DUTY OF MEMBERS TO REPORT
138 Duty of members to report
(2) Exemption from liability for disclosure
CONSULTATION RE PROGRAM OF STUDY
139 Consultation with ministers re program of study
CONFIDENTIALITY AND
COLLECTING AND SHARING INFORMATION
140 Definitions
(2) Confidentiality of information
(3) Limits on disclosure of personal information and personal health information
141 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
ANNUAL REPORT
142 Annual report
(2) Contents of report
COLLEGE WEBSITE
143 College website
(2) Paper or electronic form
LETTERS OF STANDING OR
CERTIFICATE OF CONDUCT
144 Letters of standing or certificate of conduct
PART 10
HEALTH PROFESSIONS
ADVISORY COUNCIL
145 Advisory council established
(2) Composition of advisory council
(3) Chairperson of advisory council
(4) First members
146 Ineligible advisory council members
147 Term of office
(2) Term of office: first members
(3) Appointment of successors
(4) Re-appointment
(5) Vacancy
148 Advisory council duties
(2) Terms of reference
(3) Advisory council to follow terms of reference
149 Function is advisory only
(2) Prohibited matters
150 Powers
151 Advisory council to consult with affected colleges
(2) Colleges to work with the advisory council
152 Meetings of the advisory council
153 Procedure
154 Member's remuneration and expenses
155 Advisory council to report annually to the minister
PART 11
NEW REGULATED HEALTH
PROFESSIONS
APPLICATION
156 Applying to be a regulated health profession
(2) Application requirements
(3) Group to represent majority of practitioners
INVESTIGATION
157 Actions
158 Investigation initiated by minister
159 Investigation by advisory council
160 Costs of investigation
RECOMMENDATIONS
161 Recommendation of advisory council to minister
(2) Other recommendations
162 Recommendation to L.G. in C.
TRANSITIONAL COUNCIL
163 Transitional council of a college
(2) Powers of the transitional council
(3) Registration in transitional period
(4) Powers of minister
(5) Transitional council to comply with the minister's request
(6) Regulations made by Lieutenant Governor in Council
(7) Transition
PART 12
MINISTERIAL POWERS
INQUIRY
164 Inquiry
(2) Subject of inquiry
(3) Evidence Act powers
(4) Terms of reference
(5) Expenses
DIRECTIVES
165 Directives
(2) Scope of directive
(3) Matters not to be included in directive
(4) Council must comply with directive
(5) Regulations
ORDERS
166 Order re administrator
(2) Support requested or required
(3) Deemed to be carrying out duty of college
(4) Termination of appointment
PART 13
GENERAL PROVISIONS
167 Responsibility to ensure registration, valid certificate of practice
168 Responsibility to report misconduct
(2) Hospital's or regional health authority's responsibility to report misconduct
169 Prohibition
INJUNCTION
170 Injunction
OFFENCES
171 Offence
(2) Offence: section 140
(3) Directors, officers and employees of health profession corporations
(4) Limitation on prosecution
(5) Fines payable to the government
172 Prosecution of offence
(2) Stay of proceedings
173 Proof of offence
PROTECTION FROM LIABILITY
174 Protection from liability
175 Limitation period
MISCELLANEOUS
176 Service of documents
(2) Deemed receipt
177 Registrar's certificate
178 Proof of conviction
PART 14
THE COLLEGE OF PHYSICIANS AND
SURGEONS OF MANITOBA
DEFINITIONS
179 Definitions
COUNCIL
180 Composition of council
(2) Non-application of section 13
(3) Term of office for regulated associate member
REGISTRATION OF FACULTY MEMBERS
181 Registration re faculty members
(2) University may grant certificate
(3) Conditions
STANDARDS COMMITTEE
182 Standards committee
(2) Powers of an investigator
(3) Limit on requiring production of records and information
(4) Refresher training
ACCREDITED FACILITIES
183 Application of this section
(2) Facilities must apply for accreditation
(3) By-laws
(4) Consultation with minister
(5) Standards of practice and practice directions
(6) Council may establish program review committee
(7) Accreditation not granted
(8) Section 38 applies
(9) Report of committee to council
(10) Council may order closure of facility
(11) Notice of decision
(12) Immediate closure
(13) Prohibition
(14) Member must not work in non-accredited facilities
(15) Application to other facilities
(16) Agreement to specify processes
(17) College to provide information to minister
(18) Timing and contents of report
184 Conduct of member practising on behalf of medical corporation
NON-TRADITIONAL THERAPIES
185 Non-traditional therapies
PROFESSIONAL CONDUCT
(3) Complaint if registrar aware of professional misconduct
COMPLAINTS COMMITTEE
92.1 Complaints committee
(2) Public representatives
(3) Selection of panel
(4) Members of the panel
(5) If member unable to continue
(6) Decision of panel
(7) Reference to complaints committee
92.2 Resolution of complaints
(2) Advice to the member
(3) Referral to the investigation committee
(4) Non-application
PART 15
THE COLLEGE OF PHARMACISTS OF
MANITOBA, AND OTHER MATTERS
RE PHARMACEUTICAL PRODUCTS
188 to 218 [Not yet proclaimed]
PART 15.1
ABANDONED HEALTH CARE RECORDS
218.1 to 218.12 [Not yet proclaimed]
PART 16
REGULATIONS AND BY-LAWS
LIEUTENANT GOVERNOR IN COUNCIL
REGULATIONS
219 Regulations made by L.G. in C.
(2) Scope of regulations
(3) Incorporation by reference
(4) Public consultation in regulation development
(5) Notifying colleges re regulation development
MINISTERIAL REGULATIONS
220 Regulations made by minister
(2) Scope of regulations
(3) Incorporation by reference
COUNCIL REGULATIONS
221 Regulations made by council
(2) Regulations for College of Physicians and Surgeons
(3) [Not yet proclaimed]
(4) Scope of regulations
(5) Incorporation by reference
(6) Labour mobility
(7) College regulates more than one health profession
(8) Consultation
(9) Approval of regulations
(10) Regulation required by minister
(11) L.G. in C. may make regulation
COUNCIL BY-LAWS
222 By-laws made by council
(2) and (3) [Not yet proclaimed]
(4) College regulates more than one health profession
(5) Consultation with members
(6) Period of effectiveness
(7) Amendments and repeal of by-laws
(8) By-laws available to the public
PART 17
TRANSITIONAL PROVISIONS AND
CONSEQUENTIAL AND CONDITIONAL
AMENDMENTS
TRANSITIONAL PROVISIONS
223 Definitions
(2) Transitional regulations
(3) Scope of regulations
224 Purpose
(2) Non-application: section 5 and subsection 81(1)
(3) No effect on application or operation of profession-specific Act
(4) Non-application: subsection 78(1)
225 Non-application: sections 55 and 72
(2) Non-application: section 79
(3) Does an existing college need to apply under Part 11 to be regulated under this Act?
CONSEQUENTIAL AMENDMENTS
227 to 260 [amendments to other Acts]
PART 18
REPEAL, C.C.S.M. REFERENCE AND
COMING INTO FORCE
261 Repeal
262 C.C.S.M. Reference
263 Coming into force
SCHEDULE 1
SCHEDULE 2