|This is an unofficial archived version of The Chiropodists Act|
as enacted by SM 1987-88, c. 9 on July 17, 1987.
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R.S.M. 1987, c. C90
The Chiropodists Act
|Table of Contents|
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act,
"association" means the Association of Chiropodists; ("Association")
"chiropodist" means, subject to subsection (2), a person who practises or advertises or holds himself out in any way as practising chiropody and massage in connection therewith; ("chiropodiste")
"council" means the council of the association; ("conseil")
"registrar" means the registrar of the association. ("registraire")
The practice of chiropody does not include
(a) amputation of, or treatment of
(i) injuries to, or
(ii) infection of, the foot, toes, hand, or fingers; or
(b) manicuring the hands; or
(c) the use of anaesthetic except as a spray : or
(d) the use of drugs or medicines other than local antiseptics.
The persons who were members of the Association of Chiropodists at the time of the coming into force of this Act continue to be members of the association.
The association consists of the persons mentioned in section 2 and the persons who become members of the association under this Act.
The association may make by-laws not inconsistent with this Act for
(a) the government and discipline of its members;
(b) the management of its property; and
(c) all such purposes as may be necessary for the operation and management of its affairs.
There shall be a council of the association composed of five persons, who are members of the association licensed under this Act and resident in Manitoba at the time of their election.
The members of the council, after election, shall hold office until the next regular annual general meeting of the association, when a new council shall be elected; but the members of the old council are eligible for re-election; and the members of the old council shall act until their successors are elected.
Where a member of the council dies or resigns, or where a member of the council ceases to be qualified under this Act, the remaining members of the council, or a majority of them, shall appoint a qualified person to fill the vacancy for the unexpired term; but the person so appointed shall be a person duly qualified under this Act.
The election of members of the council shall be by ballot; and it shall take place at the annual general meeting of the association or at such other time as is fixed by by-law of the association.
The persons qualified to vote at elections for members of the council are the members of the association duly licensed under this Act.
Each voter shall vote for the full number of persons to be elected; and any ballot showing a greater or fewer number of names than the number to be elected is void.
The officers of the association are a president, a vice-president, a treasurer, and a registrar who shall also be secretary.
The officers shall be elected by the council from its members at its first meeting after the annual general meeting of the association; and they shall hold office for one year or until their successors are elected.
The council shall hold at least two meetings each year, at such time and place as it, by resolution, determines.
The council shall not transact business at any meeting at which fewer than the majority of the members of the council are present.
The council may make by-laws, rules, and regulations, governing
(a) the appointment, duties, and removal, of members of the association and their remuneration;
(b) the time and place when and where the annual general meeting of the association shall be held;
(c) the removal of names from the general membership register of the association and the cancellation of licences to practise;
(d) all other matters reasonably necessary for carrying out this Act, for the conduct of the affairs of the association, and for the guidance, government, and discipline, of the members of the association, including rules of professional ethics.
The by-laws, rules, and regulations, unless in the meantime confirmed at a general meeting of the association called for the purpose, shall, respectively, have force only until the next annual general meeting of the association, and in default of confirmation at that meeting shall thereafter be void.
The annual general meeting of the association shall be held on June 2, or on such other day as may be fixed by by-law of the council; but a special general meeting of the association may be held at any time, if the written consent of 75% of the members is first secured.
The association shall, in each year, hold two regular examinations, and such supplemental examinations as are deemed advisable, in accordance with the regulations prescribed for the purpose by the council.
The examinations shall be conducted by examiners appointed by the association.
The fee for a regular examination is $50., and the fee for a supplemental examination is $20. and these fees shall be paid in advance to the registrar of The University of Manitoba.
Each applicant, in order to be admitted to the regular examination, shall file with the registrar satisfactory evidence of identity, good moral character, and preliminary education, and a diploma or diplomas of graduation from a chartered school, college, or university, recognized by the association, the requirements of which were, at the time of the granting of the diploma or diplomas, not less than those prescribed by this Act.
Application for admission to an examination shall be made on a blank form to be supplied, on application, by the registrar: and shall be filed with the registrar at least two weeks before the time fixed for the examination.
Each application shall be accompanied by the proper examination fee.
An applicant for registration as a chiropodist shall have at least the matriculation qualification of The University of Manitoba and shall be examined upon the following subjects: anatomy, physiology, chemistry, bacteriology, pathology, diagnosis and treatment, materia medica, therapeutics, and clinical chiropody; but the examinations shall be so limited in their scope as to cover only the minimum requirements for chiropody education, and this Act does not require of the applicant a medical or surgical education.
The subjects mentioned in subsection (1) may be changed from time to time by the council.
The registrar shall keep a general register of the members of the association, in which he shall enter, in the order of registration, the name, business address, and date of registration, of each member.
Subject to payment of the registration fee, the registrar shall enter in the register the required particulars respecting each applicant who has been certified by the registrar as having satisfactorily passed the chiropody examination, and who produces satisfactory evidence of his identity as being the person so certified, as well as evidence that he is 18 years of age and is of good moral character.
Every person so registered shall be entitled to receive from the registrar a certificate of membership in the form set out in the Schedule.
No person is entitled to receive a licence to practise unless his name appears in the general register of members mentioned in section 19.
Each member of the association, upon payment of the fee therefor fixed by the council, is entitled to receive from the registrar an annual licence to practise chiropody.
All licences expire on December 31 in each year.
Every person so licensed shall display his certificate of membership and annual licence in a conspicuous place in the office or place where he practises; and, if and when required, he shall produce the certificate and licence to the council or its authorized representative.
The general register mentioned in section 19 shall be kept open to inspection at all reasonable times by any person.
The council shall prescribe the fee to be paid for an annual licence.
The registration fee payable by each applicant for membership in the association is $25.
No person shall practise as a chiropodist for hire, gain, reward, or remuneration, or the hope or expectation thereof, unless he is the holder of a subsisting licence to practise issued under this Act.
No chiropodist, registered as a member of the association, 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 word or letters commonly used to designate a legally qualified medical practitioner, or which suggest that he is a graduate or licentiate in medicine or surgery of any university or other diplomagranting body, unless at the same time he displays, or makes use of, the word "Chiropodist" or the word "Chiropody", immediately preceding or following his name.
Each member of the association who holds a licence to practise issued under this Act and subsisting at the time of rendering service as a chiropodist, is entitled to demand and recover as a debt in any court reasonable charges for such service.
Nothing in this Act applies to a physician or surgeon registered under, or shall be construed so as to alter or modify in any way any provision of, The Medical Act.
In case of any conflict between this Act and The Medical Act, the provisions of The Medical Act shall prevail.
The registrar shall, when required by the Lieutenant Governor in Council, transmit to the Minister of Health a certified return, under the seal of the association, containing all such information relating to the association as the Minister of Health may require.
Notwithstanding any provision of this Act, the association shall not pass any rule, regulation, or by-law that fixes prices or restricts advertising.
Nothing in this Act applies
(a) to the sale of shoes or shoe appliances or foot or hand appliances or foot remedies; or
(b) to the recommending, fitting, or demonstrating of anything mentioned in clause (a), or to the advertising thereof; or
(c) subject to subsection (2), to the giving of expert opinion respecting anything mentioned in clause (a).
The giving of expert opinion, as mentioned in subsection (1) does not include any treatment in connection with anything mentioned in clause (l)(a) of other than the recommendation, sale, or fitting of any such shoes, appliances, or remedies.
ASSOCIATION OF CHIROPODISTS
This Certificate is evidence of the fact that residing at has been duly elected an ACTIVE MEMBER of the ASSOCIATION OF CHIROPODISTS, under The Chiropodists Act of the Province of Manitoba.
WITNESS the signatures of the President and of the Secretary of the Association, and the seal of the association in attestation of the above this day of , 19 .