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The Optometry Act

C.C.S.M. c. O70

The Optometry Act

INTERPRETATION
1 Definitions
2 Objects of Act
PRACTICE OF OPTOMETRY
2.1 (1) Practice of optometry
(2) Included practices
3 Persons deemed to be practising optometry
GOVERNANCE
ASSOCIATION
4 Incorporation continued
4.1 (1) Expenses of association
(2) Disposition of funds received
COUNCIL
5 (1) Council of the association
(2) Election and appointment of members of council
(3) Elected members to be residents of the province
(4) Term of office
(5) Filling of vacancies
6 (1) Organization of council
(2) Meetings
(3) Quorum
REGULATORY ADVISORY COMMITTEE
6.1 (1) Regulatory advisory committee
(2) Responsibilities of committee
REGULATIONS
7 (1) Regulations
(2) Rules
EXAMINATIONS
8 (1) Appointment of examiners
(2) Lay person on examining board
(3) Council to provide course
BY-LAWS
9 (1) Further powers
(2) Rules of ethics to provide for medical consultation
(3) Effective date of by-laws
(4) Annulment of by-laws
MEMBERSHIP
REGISTRATION
10 Registration under former Act
11 (1) Registration of members
(2) Approval despite prior suspension, etc.
(3) Conditions
(4) Entry in register
(5) Certificate of registration
PUBLIC HEALTH EMERGENCY
11.1 (1) Registration if emergency
(2) Emergency need not be declared
(3) Certificate of registration or licence
OPTOMETRIC DRUG LICENCE
12 (1) Optometric drug licence
(2) Entitlement to licence
GENERAL MEMBERSHIP PROVISIONS
13 Use of designation "optometrist"
14 Display of certificate
15 (1) Examination fee payable in advance
(2) Fees and dues
(3) Annual dues
(4) Reissue of revoked certificate
(5) Reregistration after lapse
16
17 Restriction on use of title "Doctor"
PROFESSIONAL CORPORATIONS
17.1 (1) Authority of professional corporation to practise
(2) How professional corporation may practise
PERMIT
17.2 (1) Permit for professional 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
RESTRICTIONS
17.3 Carrying on practice without permit prohibited
17.4 (1) Restriction on use of name
(2) Restriction on business of professional corporation
(3) Interpretation of business restriction
(4) Validity of corporate act
DUTIES AND RESPONSIBILITIES
17.5 Conflict in duties
17.6 (1) Member must comply with Act, etc.
(2) Contraventions by corporation prohibited
(3) Obligations to persons receiving optometric services not diminished
(4) Liability of members
(5) Liability of voting shareholders
(6) Investigation of member practising through corporation
(7) Member's conditions apply to corporation
SUSPENSION OR CANCELLATION
17.7 (1) Suspending or cancelling permit
(2) Limitation
(3) Surrender of permit
17.8 Alternatives to suspending or cancelling permit
17.9 Written notice of cancellation required
17.10 (1) Appeal to court
(2) Powers of court on appeal
17.11 Notice of changes
AGREEMENTS
17.12 (1) Voting agreements void
(2) Unanimous shareholders' agreements void
PROHIBITIONS
17.13 (1) Holding out as a professional corporation
(2) Holding out as a shareholder, officer, etc.
17.14 (1) Making false representations or declarations
(2) Assisting the making of false representation
RECORD OF CORPORATIONS
17.15 (1) Record of professional corporations
(2) Registrar to maintain record
(3) Contents of record
(4) Inspection of record
MISCELLANEOUS
17.16 Association powers
17.17 Prohibition re false advertising
PROFESSIONAL CONDUCT
COMPLAINTS COMMITTEE
18 Complaints committee
18.1 (1) Making a complaint
(2) Complaints against former members
(3) Referral to complaints committee
18.2 (1) Notice of complaint and investigation
(2) Records and information
(3) Failure to produce records
(4) Investigation of other matters
18.3 (1) Decision of complaints committee
(2) Notice of decision
(3) Hearing not required
(4) Issuance of formal caution
(5) Where no agreement respecting caution
APPEALS COMMITTEE
18.4 (1) Appeals committee
(2) Member not to have taken part in investigation
(3) Appeal by complainant to appeals committee
(4) Power on appeal
(5) Notification of appeal committee's decision
(6) Hearing not required
18.5 (1) Suspension pending decision
(2) Application for stay
DISCIPLINE COMMITTEE
18.6 (1) Discipline committee established
(2) Roster of lay members
(3) Member not to have taken part in investigation
(4) Hearing by discipline committee
(5) Service of notice of hearing
(6) Right to appear and be represented
18.7 (1) Hearing open to public
(2) Request for hearing in private
(3) Hearing in private
18.8 (1) Evidence
(2) Power to administer oaths
(3) Recording of evidence
18.9 (1) Witnesses
(2) Notice to attend and produce records
(3) Registrar shall provide notices
(4) Failure to attend or give evidence
(5) Witness fees
18.10 Hearing in absence of investigated member
18.11 Unskilled practice or professional misconduct
18.12 (1) Orders of discipline committee
(2) Committee may consider cautions
(3) Suspension or revocation of registration
(4) Ancillary orders
18.13 (1) Costs and fines
(2) Failure to comply with order
(3) Filing of order
18.14 (1) Written decision
(2) Service of decision
(3) Copies of transcript
18.15 Publication of decision
18.16 Stay pending appeal to court
APPEAL TO COURT
18.17 (1) Appeal to court
(2) Commencement of appeal
(3) Appeal on the record
(4) Powers of court on appeal
18.18 Protection from liability
PROHIBITIONS
19 (1) Unauthorized practice
(2) Personation
(3) Evidence of practising
(4) Prima facie proof of practising optometry
(5) Offence and penalty
(5.1) Offence by director, officer or employee
(6) Injunction
(7) Registrar's certificate
20 Non-application
21 Certain sales exempted
CONFIDENTIALITY
22 (1) Confidentiality of information
(2) Offence
23 (1) Registrar to collect information
(2) Member to provide information
(3) Minister may require information
(4) Registrar to provide information to minister
(5) Minister may disclose information
(6) Authorized entities