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Paramedics Regulations

made under subsection 21(2) and Section 106 of the

Paramedics Act

S.N.S. 2015, c. 33

O.I.C. 2017-89 (March 28, 2017), N.S. Reg. 57/2017


Table of Contents


Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
Click here to go to the text of the regulations.

Part 1: Interpretation

Citation

Definitions


Part 2: Registration, Licensing and Membership

Classes of Licences, Public Record and Register

Classes of licences

Categories of licences

Information in Register and rosters

Restoration of name in roster—conditions or restrictions continue on licence

Public record

Committees

Registration Committee composition and voting

Registration Appeal Committee composition and voting

Fitness-to-practise Committee composition, quorum and voting

Proceedings before committees

Registration and Licensing

Registration and licensing decisions by Registrar

Absence from practice

Person previously registered under Emergency Health Services Act

Appealing Registrar’s requirement for competence assessment

Application and criteria for registration in Register

Criteria for entry in rosters

Criterion for entry in roster for intermediate care paramedic class

Practising rosters—criteria

Practising rosters—permitted activities

Practising licences—criteria

Practising licences—term

Practising licences—application and criteria for renewing

Restricted practising roster—criteria

Restricted practising rosters—permitted activities

Restricted practising licences—criteria

Restricted practising licence—term

Restricted practising licence—application and criteria for renewing

No review or appeal of certain conditions and restrictions with renewal of
restricted practising licence

Restrictions or conditions on previous licence

Temporary licence and restricted temporary licence—criteria

Temporary licence and restricted temporary licence—term

Temporary roster and restricted temporary roster—permitted activities

Licence suspension for failure to comply with renewal requirements

Paramedic Programs, Essential Competencies and Liability Insurance

Paramedic programs

Continuing competency programs

Essential competencies

Professional liability insurance requirements


Part 3: Review and Appeal of Registration and Licensing Decisions

Definitions for Part 3

Registration Committee Decisions

Registration and licensing decisions referred to Registration Committee

Applications for Appeals

Appeals to be heard by Registration Appeal Committee

Request for appeal

Information provided to Registration Appeal Committee and applicant

Security may be required

Appeal Hearings

Costs of appeal

Powers of Registration Appeal Committee

Time and place of appeal hearing

Notice of appeal hearing to applicant

Conduct of appeal hearing before Registration Appeal Committee

Evidence at hearing

Applicant fails to attend appeal hearing

Conclusion of appeal hearing

Decision of Registration Appeal Committee is final


Part 4: Professional Conduct Process

Definitions for Part 4

Initiating and Investigating Complaint

Notification of complaint

Preliminary investigation of complaint

Resolution of complaint by Registrar

Review of complaint dismissal

Fitness-to-practise Committee

Referral to Fitness-to-practise Committee

Registrar’s action in lieu of initiating complaint

Interim agreement

Remedial agreement

Referrals from the Fitness-to-practise Committee

Investigation Committees

Investigating complaint

Additional information to investigation committee

Dismissal of complaint by investigation committee

Disposition of complaint by investigation committee

Notification and disclosure of disposition

Jurisdiction over matter

Settlement Proposals

Preparing and tendering settlement proposals

Investigation committee actions when settlement proposal referred

Hearing Committee actions when settlement proposal referred

Settlement proposals and hearings

Consent revocation

Notice of hearing

Amendment of notice of hearing 

Public notice of hearing

Attendance at hearing and publication bans

Hearing procedures

Subpoenaed witness fees

Recording evidence at hearing

Preserving evidence

Disposition by hearing panel

Written decision of hearing panel

Disclosing of Hearing Committee’s decision to dismiss complaint

Disclosing and publishing licensing sanctions

Contents of summary of decision

Publication if finding of incapacity

Respondent’s expenses and costs

Reinstatement of Registration or Licence

Applications for reinstatement

Investigation concerning reinstatement application

Reinstatement application proceedings

Attendance at reinstatement application proceeding

Public notice of reinstatement application proceeding

Decision of reinstatement committee

Costs of reinstatement application

Reinstatement of registration—conditions and restrictions continue on licence



Part 1: Interpretation


Citation

1     These regulations may be cited as the Paramedics Regulations.


Definitions

2     In these regulations,

 

“Act” means the Paramedics Act;

 

“applicable fee” means the fee established under the by-laws;

 

“competence assessment” means a process that assesses competence in the practice of paramedicine by using methods and tools such as any of the following to assess an array of competencies: interviewing, verification of documents, reference reviews, direct observation, reflective practice, self-assessments, chart audits, written or oral tests;

 

“individual scope of practice” means the roles, functions and accountabilities that an individual is educated and authorized to perform for their class of licence;

 

“licensing year” means a 12-month period determined by the Council for the issuance, renewal and expiry of licences;

 

“paramedic refresher program” means a program approved by the Council that provides updated knowledge and skills;

 

“practising licence” means a licence in the practising category of any class of licence;

 

“remedial agreement” means an agreement under Section 62 between the Fitness-to-practise Committee and a member that sets out the terms and conditions to be met by the member to address issues of incapacity;

 

“restricted practising licence” means a licence in the restricted practising category of any class of licence;

 

“restricted temporary licence” means a licence in the restricted temporary category of any class of licence;

 

“scope of practice” of the profession means the roles, functions and procedures that paramedics are educated and authorized to perform in accordance with the essential competencies established by the Council for each class of licence;

 

“temporary licence” means a licence in the temporary category of any class of licence.


Part 2: Registration, Licensing and Membership


Classes of Licences, Public Record and Register


Classes of licences

3     The following are the 4 classes of licences:

 

                (a)    primary care paramedic;

 

                (b)    intermediate care paramedic, subject to the limitations in Section 18;

 

                (c)    advanced care paramedic;

 

                (d)    critical care paramedic.


Categories of licences

4     The following are the 4 categories of licences for each class of licence:

 

                (a)    practising;

 

                (b)    restricted practising;

 

                (c)    temporary;

 

                (d)    restricted temporary.


Information in Register and rosters

5     (1)    In addition to the member’s name, as required by subsection 25(1) of the Act, the Register must contain all of the following information for each member:

 

                (a)    date of birth;

 

                (b)    name and location of paramedic program completed by the member;

 

                (c)    year of graduation from the paramedic program;

 

                (d)    date of entry in the Register;

 

                (e)    registration number.

 

       (2)    The Register must create and maintain a separate roster for each category of a class of licence.


Restoration of name in roster—conditions or restrictions continue on licence

6     On restoration of a person’s name to a roster under subsection 27(2) of the Act, any conditions or restrictions previously imposed on the person’s licence that have not expired remain in effect on any new licence issued to the person.


Public record

7     All of the following information for each person licensed to practise paramedicine must be included in the record required to be available to the public under Section 23 of the Act:

 

                (a)    their name and registration number;

 

                (b)    their class and category of licence;

 

                (c)    any conditions or restrictions on their licence, if the Registrar determines it is in the public interest to make the conditions or restrictions available to the public;

 

                (d)    details of any licensing sanction imposed on the member, subject to any publication ban.


Committees


Registration Committee composition and voting

8     (1)    The Registration Committee consists of at least the following:

 

                (a)    1 public representative;

 

                (b)    3 paramedics, 1 of whom is a member of the Council.

 

       (2)    A decision of the Registration Committee requires a majority vote of its members.


Registration Appeal Committee composition and voting

9     (1)    The Registration Appeal Committee consists of at least the following:

 

                (a)    1 public representative; and

 

                (b)    3 paramedics, 1 of whom is a member of the Council.

 

       (2)    A decision of the Registration Appeal Committee requires a majority vote of its members.

 

       (3)    A member of the Registration Appeal Committee may not concurrently serve on the Registration Committee.


Fitness-to-practise Committee composition, quorum and voting

10   (1)    The Fitness-to-practise Committee consists of at least the following:

 

                (a)    1 public representative;

 

                (b)    3 paramedics, 1 of whom is a member of the Council.

 

       (2)    A majority of the members of the Fitness-to-practise Committee constitutes a quorum.

 

       (3)    A decision of the Fitness-to-practise Committee requires a majority vote of its members.


Proceedings before committees

11   (1)    This Section applies to the Registration Committee, the Registration Appeal Committee and the Fitness-to-practise Committee.

 

       (2)    In this Section, “proceeding” means

 

                (a)    any proceeding of the Registration Committee or the Fitness-to-practise Committee; or

 

                (b)    an appeal hearing of the Registration Appeal Committee.

 

       (3)    The members of a committee may waive notice of any meeting or proceeding of the committee.

 

       (4)    A proceeding of a committee is not invalidated because a member of the committee fails to receive notice of the proceeding or the meeting at which the proceeding takes place.

 

       (5)    If the term of office of any person sitting on a committee expires during a proceeding of the committee, the Chair of the committee may extend the person’s term of office until the proceeding concludes.


Registration and Licensing


Registration and licensing decisions by Registrar

12   (1)    The Registrar must refer an application for registration or licensing or renewal of licensing to the Registration Committee if there is any issue regarding whether the applicant meets the criteria for registration, licensing or renewal of their licence.

 

       (2)    If the Registrar determines that an applicant does not meet the criteria for registration or licensing or renewal of a licence and denies the application or imposes conditions or restrictions on the licence, the Registrar must notify the applicant by doing all of the following:

 

                (a)    providing the applicant with a written decision with reasons;

 

                (b)    informing the applicant of their right to have the decision reviewed by the Registration Committee.


Absence from practice

13   A person who previously practised paramedicine in any jurisdiction who has not held a licence to practise for 2 years or longer, other than a person whose licence has been revoked, must do all of the following:

 

                (a)    notify the Registrar in writing of their intention to return to practice;

 

                (b)    if currently or previously registered in another jurisdiction, provide the Registrar with a certificate of standing from each jurisdiction where the applicant practised to prove that there are no outstanding complaints, prohibitions, conditions or restrictions against the member practising paramedicine in the Province;

 

                (c)    if the Registrar determines it is necessary, successfully complete a competence assessment in the form determined by the Registrar;

 

                (d)    successfully complete any paramedic refresher program, paramedic program or evaluation as determined by the Registration Committee.


Person previously registered under Emergency Health Services Act

14   (1)    A person who was registered to practise paramedicine under the Emergency Health Services Act in the 12 months immediately before, but not on the date of, the coming into force of the Act may apply for a practising licence in the class they were registered in under the Emergency Health Services Act.

 

       (2)    An application under this Section may be made only up to 1 year immediately following the date the Act comes into force.

 

       (3)    In addition to paying the applicable fee, an applicant for registration under this Section must submit a completed application on a form prescribed by the Registrar together with all of the following:

 

                (a)    proof satisfactory to the Registrar that the applicant meets the criteria in subsection (1) and is the person named in the documentation submitted in support of the application;

 

                (b)    if currently or previously registered in another jurisdiction, a certificate of standing from each jurisdiction where the applicant practised, to prove that there are no outstanding complaints, prohibitions, conditions or restrictions against the member practising paramedicine in the Province;

 

                (c)    any information the Registrar requires to establish that Section 42 of the Act does not apply to the applicant;

 

                (d)    verification and identification of the medical practitioner responsible for direct or indirect supervision of the practice of the applicant;

 

                (e)    if applicable, proof that the applicant has the professional liability insurance required by Section 38;

 

                (f)    any information required by the Registrar to support that the applicant has the capacity, competence and character to safely and ethically practise paramedicine;

 

                (g)    any information required by the Registrar to support that the applicant’s ability to practise paramedicine was not subject to any conditions or restrictions while the applicant was registered under the Emergency Health Services Act;

 

                (h)    if the Registrar has determined that it is necessary for the applicant to complete a paramedic refresher program, paramedic program, competence assessment or evaluation, proof that the applicant has successfully completed the program, assessment or evaluation.


Appealing Registrar’s requirement for competence assessment

15   (1)    A person who disagrees with the Registrar’s determination under clause 13(c) or 14(3)(h) that a competence assessment must be completed may, no later than 30 days after the date of the Registrar’s decision, request that the decision be referred to the Registration Committee.

 

       (2)    Before making a decision under subsection (3), the Registration Committee may request that the Registrar obtain additional information.

 

       (3)    The Registration Committee must review a decision referred under subsection (1) and must do 1 of the following:

 

                (a)    affirm the decision of the Registrar;

 

                (b)    determine that a different form of competence assessment is required;

 

                (c)    determine that a competence assessment is not required.

 

       (4)    If the Registration Committee decides that a competence assessment is required in accordance with clause (3)(a) or (b), the Committee must notify the person by

 

                (a)    providing the person with a written decision with reasons; and

 

                (b)    informing them of their right to appeal to the Registration Appeal Committee.


Application and criteria for registration in Register

16   (1)    In addition to paying the applicable fee, an applicant for registration must submit a completed application on a form prescribed by the Registrar together with all of the following:

 

                (a)    proof satisfactory to the Registrar that the applicant

 

                         (i)     meets the criteria in subsection (2),

 

                         (ii)    is the person named in the documentation submitted in support of the application;

 

                (b)    if currently or previously registered in another jurisdiction, a certificate of standing from each jurisdiction where the applicant practised to prove that there are no outstanding complaints, prohibitions, conditions or restrictions against the member practising in the Province;

 

                (c)    any information the Registrar requires to establish that Section 42 of the Act does not apply to the applicant;

 

                (d)    verification and identification of the medical practitioner responsible for direct or indirect supervision of the practice of the applicant;

 

                (e)    any additional information required by the Registrar to assess whether the applicant meets the criteria for entry in a roster.

 

       (2)    An applicant for registration must meet all of the following criteria:

 

                (a)    they must meet the criteria for entry in a roster in Section 17;

 

                (b)    there must be no outstanding complaints, prohibitions, conditions or restrictions against the member practising paramedicine in the Province.


Criteria for entry in rosters

17   (1)    This Section does not apply to a person who is registered in either of the following ways:

 

                (a)    under Section 107 of the Act, as a person registered under the Emergency Health Services Act on the coming into force of the Act; or

 

                (b)    under Section 14, as a person registered under the Emergency Health Services Act in the 12 months immediately before, but not on the date of, the coming into force of the Act.

 

       (2)    The following are the criteria a person is required to meet for entry in a roster for any class of licence:

 

                (a)    subject to subsections (3) and (5), they are a graduate of 1 of the following:

 

                         (i)     a paramedic program for the relevant class roster, or

 

                         (ii)    an education program that, in the opinion of the Registration Committee, qualifies the applicant to be a paramedic or equivalent in the jurisdiction of the program;

 

                (b)    they have successfully completed any examination approved by the Council for the class of licence applied for;

 

                (c)    for entry in a roster in the critical care paramedic class, they must

 

                         (i)     hold a licence as a practising advanced care paramedic, and

 

                         (ii)    have completed an advanced care paramedic program and any additional education program in critical care paramedicine approved by the Council;

 

                (d)    they have demonstrated proficiency in the English language, in the manner prescribed by the Registrar;

 

                (e)    they are a Canadian citizen or legally entitled to live and work in Canada;

 

                (f)    if applicable, they have the professional liability insurance required by Section 38;

 

                (g)    except for the restricted practising category and restricted temporary categories, they are not prohibited or restricted from practising paramedicine through the decision of any adjudicating body or through voluntary agreement or otherwise;

 

                (h)    they have the current capacity, competence and character to safely and ethically practise paramedicine;

 

                (i)     for an applicant who has been absent from the practice of paramedicine, they comply with Section 13.

 

       (3)    In addition to the criteria in subsection (2), a graduate of a program other than a paramedic program must complete any competence assessment required by the Registrar or the Registration Committee and any bridging education arising from the competence assessment.

 

       (4)    In subsection (3), “bridging education” means an education program approved by the Council to address gaps in competencies that are identified through a competence assessment or through information provided by the member or applicant for membership.

 

       (5)    An applicant who does not meet all of the requirements for registration and licensure within 1 calendar year of completing a paramedic program must be referred to the Registration Committee and the applicant must complete any competence assessment or paramedic refresher program as the Committee directs.


Criterion for entry in roster for intermediate care paramedic class

18   (1)    The criterion for entry in the roster for intermediate care paramedics is registration as an intermediate care paramedic in either of the following ways:

 

                (a)    under Section 107 of the Act, as a person registered under the Emergency Health Services Act on the coming into force of the Act; or

 

                (b)    under Section 14, as a person registered under the Emergency Health Services Act in the 12 months immediately before, but not on the date of, the coming into force of the Act.

 

       (2)    An intermediate care paramedic who wishes to change their class of licence may apply to the Registrar for a licence in the primary care paramedic class or advanced care paramedic class only.


Practising rosters—criteria

19   The Registrar must enter the name of a person in the practising roster of a class of licence if, in addition to meeting the criteria in subsection 16(2) and Section 17, the following are met:

 

                (a)    the person’s ability to practise paramedicine is not subject to any conditions or restrictions; and

 

                (b)    the person has a medical practitioner supervising their practice in accordance with subsection 34(2) of the Act.


Practising rosters—permitted activities

20   A member whose name is entered in the practising roster for any class of licence may do all of the following:

 

                (a)    use the titles and abbreviations “paramedic”, “primary care paramedic”, “PCP”, “intermediate care paramedic”, “ICP”, “advanced care paramedic”, “ACP”, “critical care paramedic”, or “CPC” as relevant to the member’s class of licence;

 

                (b)    practise paramedicine within their individual scope of practice;

 

                (c)    if elected, hold office on the Council;

 

                (d)    serve as an appointed member on any committee of the College;

 

                (e)    receive all official College publications;

 

                (f)    attend, participate and vote at meetings of the College.


Practising licences—criteria

21   The criteria for a practising licence is as set out in Section 19 for entry in the practising roster of the class of licence.


Practising licences—term

22   (1)    Except as provided in subsection (2), a practising licence remains in effect until the end of the licensing year or an earlier expiry date specified on the licence.

 

       (2)    A practising licence ceases to be valid if any of the following occurs:

 

                (a)    the licence is suspended or revoked;

 

                (b)    the member’s registration is revoked;

 

                (c)    the licence is changed through the imposition of terms, conditions or restrictions under the Act or regulations;

 

                (d)    the member fails to continue to meet the criteria for a practising licence;

 

                (e)    the licence is surrendered in accordance with subsection 33(2) of the Act;

 

                (f)    the licence is replaced by another category of licence.


Practising licences—application and criteria for renewing

23   (1)    In addition to paying the applicable fee, a member applying to renew a practising licence must submit a completed application on a form prescribed by the Registrar together with all of the following:

 

                (a)    proof satisfactory to the Registrar that the member

 

                         (i)     continues to meet the registration criteria set out in clause 16(2)(b), and

 

                         (ii)    meets the renewal criteria in subsection (2), except for the requirements in clauses 17(2)(a) to (d);

 

                (b)    if they practised outside the Province in the previous year, a certificate of professional conduct from the other jurisdiction to prove that there are no outstanding complaints, prohibitions, conditions or restrictions against the member practising in the Province.

 

       (2)    A member applying to renew a practising licence must meet all of the following criteria:

 

                (a)    they continue to meet the criteria for entry in the roster set out in Sections 17 and 19;

 

                (b)    they meet the continuing competency requirements as determined by the Council.


Restricted practising roster—criteria

24   The Registrar must enter the name of a person in the restricted practising roster of a class of licence if, in addition to meeting the criteria for registration in subsection 16(2), all of the following criteria are met:

 

                (a)    conditions or restrictions have been imposed on their practising licence

 

                         (i)     with the member’s consent, by the Registrar, the Registration Committee or the Registration Appeal Committee, or

 

                         (ii)    as a result of a decision of any committee;

 

                (b)    they meet the criteria for a practising licence except they do not meet the criterion in clause 17(2)(g) respecting not being prohibited or restricted from practising paramedicine.


Restricted practising rosters—permitted activities

25   A member whose name is entered in the restricted practising roster for any class of licence has all of the privileges set out in Section 20, except to the extent that the restrictions or conditions imposed modify those privileges.


Restricted practising licences—criteria

26   The criteria for a restricted practising licence is as set out in Section 24 for entry in a restricted practising roster for the class of licence.


Restricted practising licence—term

27   (1)    Except as provided in subsection (2), a restricted practising licence remains in effect until the end of the licensing year, or another date specified by the Registrar.

 

       (2)    A restricted practising licence ceases to be valid if any of the following occurs:

 

                (a)    the licence is suspended or revoked;

 

                (b)    the member’s registration is revoked;

 

                (c)    the member fails to comply with the conditions or restrictions on their licence;

 

                (d)    the licence is replaced by another category of licence;

 

                (e)    the licence is surrendered in accordance with subsection 33(2) of the Act.


Restricted practising licence—application and criteria for renewing

28   (1)    In addition to paying the applicable fee, a member applying to renew a restricted practising licence must submit a completed application on a form prescribed by the Registrar together with all of the following:

 

                (a)    proof satisfactory to the Registrar that the member

 

                         (i)     continues to meet the registration criteria set out in subsection 16(2), and

 

                         (ii)    meets the renewal criteria in subsection (2), except for the requirements in clauses 17(2)(a) to (d);

 

                (b)    if they practised outside the Province in the previous year, a certificate of professional conduct from the other jurisdiction to prove that there are no outstanding complaints, prohibitions, conditions or restrictions against the member practising in the Province.

 

       (2)    To renew a restricted practising licence, a member must meet all of the following criteria:

 

                (a)    they continue to meet the criteria for entry in the roster set out in Sections 17 and 24;

 

                (b)    they meet the continuing competency requirements as determined by the Council.


No review or appeal of certain conditions and restrictions with renewal of restricted practising licence

29   Conditions or restrictions agreed upon or ordered by an investigation committee or the Hearing Committee cannot be reviewed or appealed when a member applies for renewal of their restricted practising licence under Section 28, and an investigation committee or Hearing Committee retains jurisdiction over any conditions or restrictions imposed by it.


Restrictions or conditions on previous licence

30   Restrictions or conditions imposed on a restricted practising licence that have not expired remain in effect on any new licence issued to the member.


Temporary licence and restricted temporary licence—criteria

31   (1)    The Registration Committee may direct the Registrar to issue 1 of the following licences to a person who fails to meet the requirements for a practising licence or a restricted practising licence if it is otherwise consistent with the objects of the College to issue a licence to the person:

 

                (a)    a temporary licence;

 

                (b)    if conditions or restrictions are imposed, a restricted temporary licence.

 

       (2)    The Registrar must notify an applicant of a decision under subsection (1).

 

       (3)    The Registrar must enter the name of a person into a roster if they are issued a licence under this Section, as follows:

 

                (a)    for a person issued a temporary licence, into the temporary roster;

 

                (b)    for a person issued a restricted temporary licence, into the restricted temporary roster.

 

       (4)    On denying an application for a temporary licence or a restricted temporary licence, the Registration Committee must provide the applicant with a written decision with reasons and must inform the applicant of their right to appeal to the Registration Appeal Committee.


Temporary licence and restricted temporary licence—term

32   (1)    Except as provided in subsection (2), a temporary licence or a restricted temporary licence remains in effect for the period of time specified on the licence, which may be for a term of

 

                (a)    up to 6 months;

 

                (b)    longer than 6 months, only if extended by the Registration Committee under this Section.

 

       (2)    A temporary licence or a restricted temporary licence ceases to be valid if any of the following occurs:

 

                (a)    the licence is suspended or revoked;

 

                (b)    the members’s registration is revoked;

 

                (c)    the member fails to continue to meet the criteria for a temporary licence or a restricted temporary licence as determined by the Registration Committee;

 

                (d)    the licence is replaced by another licence;

 

                (e)    the licence is surrendered in accordance with subsection 33(2) of the Act.

 

       (3)    A temporary licence holder or a restricted temporary licence holder may apply to the Registration Committee for an extension to the term of their licence.

 

       (4)    If it considers it appropriate, the Registration Committee may extend the term of a temporary licence holder’s licence by up to 6 months if the member continues to meet the criteria set out in Section 31.

 

       (5)    A decision of the Registration Committee under subsection (4) is final.


Temporary roster and restricted temporary roster—permitted activities

33   A member who is entered in the temporary roster or restricted temporary roster may do all of the following:

 

                (a)    practise paramedicine within their individual scope of practice, subject to any conditions or restrictions imposed on their licence;

 

                (b)    attend and participate in meetings of the College as a non-voting member;

 

                (c)    use the titles and abbreviations “paramedic”, “primary care paramedic”, “PCP”, “intermediate care paramedic”, “ICP”, “advanced care paramedic”, “ACP”, “critical care paramedic”, or “CPC” as relevant to the member’s class of licence.


Licence suspension for failure to comply with renewal requirements

34   (1)    The licence of a member who fails to comply with the requirements of these regulations respecting licence renewal, other than the requirements specified in subsection 29(2) of the Act as causes for suspension under that subsection, is suspended.

 

       (2)    If a person’s licence is suspended under subsection (1), the Registrar must send the person written notice of the suspension, including a statement that the person may apply to the Registrar for the re-issuing of the licence on complying with the renewal requirements by the date determined by the Registrar and paying any applicable late fees established by by-law.

 

       (3)    If a person’s licence is suspended under subsection 29(2) of the Act, the written notification sent to the person under subsection 29(3) of the Act must include a statement of any applicable late fees established by by-law and the deadline determined by the Registrar for complying with the renewal requirements.

 

       (4)    The Registrar may, at the expense of the person whose licence is suspended, take any steps that the Registrar considers necessary in the circumstances to bring a licence suspension under this Section or subsection 29(2) of the Act for failure to comply with licence renewal requirements to the attention of the public and other affected parties.


Paramedic Programs, Essential Competencies and Liability Insurance


Paramedic programs

35   The Council must set the criteria for and recognize paramedic programs for the purposes of Section 17.


Continuing competency programs

36   The Council must approve continuing competency programs for classes of licences.


Essential competencies

37   The Council must establish the essential competencies for each class of licence.


Professional liability insurance requirements

38   A paramedic must be covered by a policy of professional liability insurance that is independent of any insurance coverage maintained by the member’s employer and that at all times provides a minimum of $5 000 000 coverage per occurrence and $5 000 000 coverage per policy year, excluding legal or court costs, if the paramedic

 

                (a)    is not employed exclusively by a health authority as defined in the Health Authorities Act or by an employer who is contracted by the Minister under the Emergency Health Services Act; and

 

                (b)    practises paramedicine outside of the employment relationship in clause (a).


Part 3: Review and Appeal of Registration and Licensing Decisions


Definitions for Part 3

39   In this Part,

 

“appeal” means an appeal of a decision of the Registration Committee;

 

“appeal hearing” means a proceeding before the Registration Appeal Committee;

 

“applicant” means an applicant for registration or licensing who is requesting a review of a decision of the Registrar or Registration Committee, as applicable;

 

“application” means an application for registration or licensing.


Registration Committee Decisions


Registration and licensing decisions referred to Registration Committee

40   (1)    The Registration Committee must review an application and all the information provided by the Registrar to determine whether an applicant meets the criteria for registration or licensing or renewal of their licence, or whether conditions or restrictions imposed by the Registrar under subsection 25(5) of the Act are justified, if the application is referred to the Registration Committee

 

                (a)    under subsection 12(1); or

 

                (b)    as a result of an applicant objecting to conditions or restrictions set out in a written decision provided to the applicant under subsection 12(2).

 

       (2)    Before making its decision under this Section, the Registration Committee may

 

                (a)    request that the Registrar obtain new information;

 

                (b)    extend the term of a member’s existing licence until it has made a decision.

 

       (3)    When reviewing an application for a licence or renewal of a licence, the Registration Committee may do any of the following:

 

                (a)    for any licence other than a practising licence, approve or remove the conditions or restrictions imposed by the Registrar or impose different conditions or restrictions on the licence;

 

                (b)    for renewal of a practising licence, advise the applicant that conditions or restrictions are required and recommend a restricted practising licence or invite the applicant to apply for another category of licence.

 

       (4)    If the Registration Committee determines that an applicant meets the criteria for registration or licensing or renewal of a licence, the Committee must approve the application and direct the Registrar to register the applicant and issue or renew the licence.

 

       (5)    If the Registration Committee determines that an applicant does not meet the criteria for registration or licensing or renewal of a licence and denies the application or imposes conditions or restrictions on the licence, the Committee must notify the applicant by

 

                (a)    providing the applicant with a written decision with reasons; and

 

                (b)    informing the applicant of the right to appeal to the Registration Appeal Committee.


Applications for Appeals


Appeals to be heard by Registration Appeal Committee

41   (1)    Except as provided in subsection (2), an appeal from a decision of the Registration Committee must be conducted by the Registration Appeal Committee.

 

       (2)    Subsection (1) does not apply if the collaborative registration review process under Section 22 of the Regulated Health Professions Network Act is used to conduct a review of the decision.


Request for appeal

42   (1)    A request for an appeal must be made in writing to the Registrar no later than 30 days from the date the Registration Committee’s decision was sent to the applicant.

 

       (2)    An appeal must stipulate the grounds for the appeal.

 

       (3)    An applicant requesting an appeal must pay the applicable fee.

 

       (4)    The fee paid under subsection (3) must be refunded to the applicant if the appeal results in the granting of registration or the issuing of a licence.


Information provided to Registration Appeal Committee and applicant

43   Within a reasonable time after receiving a request for an appeal, the Registrar must provide the Registration Appeal Committee and the applicant with all of the following:

 

                (a)    a copy of the written decision being appealed;

 

                (b)    a copy of all records related to the application and in the possession of the College, subject to any lawful restrictions;

 

                (c)    any written information the Registrar considers necessary.


Security may be required

44   (1)    On application from the College, the Registration Appeal Committee may require an applicant to deposit security for an appeal with the College in an amount and in the form the Committee determines.

 

       (2)    The security paid under subsection (1) must be refunded to the applicant if the appeal results in the granting of registration or the issuing of a licence.


Appeal Hearings


Costs of appeal

45   Other than a refund of the fee paid under subsection 42(3) and security paid under subsection 44(1), an applicant is not entitled to any costs for an appeal.


Powers of Registration Appeal Committee

46   (1)    The Registration Appeal Committee may determine its own procedure, which may include doing any of the following:

 

                (a)    ordering pre-appeal hearing procedures, including pre-appeal hearing conferences that are held in private, and directing the times, dates and places of the hearing for those procedures;

 

                (b)    ordering that an appeal hearing, parts of an appeal hearing or pre-appeal hearing conference be conducted using a means of telecommunication that permits the parties and the committee to communicate simultaneously;

 

                (c)    administering oaths and affirmations;

 

                (d)    receiving and accepting any evidence and information on oath, affidavit or otherwise as the Registration Appeal Committee considers fit, whether admissible in a court of law or not;

 

                (e)    adjourning or postponing a proceeding;

 

                (f)    amending or permitting the amendment of any document filed in connection with the proceeding.

 

       (2)    The Registration Appeal Committee may determine whether the proceedings before it must be conducted through written submissions, or whether the parties have a right of attendance before the Registration Appeal Committee for the presentation of evidence or submissions.


Time and place of appeal hearing

47   If the Registration Appeal Committee determines that an appeal hearing that requires the attendance of the parties must be held, the Registration Appeal Committee must fix a reasonable time and place for the appeal hearing.


Notice of appeal hearing to applicant

48   The Registrar must provide written notice of an appeal hearing that requires the applicant’s attendance to be given to the applicant at least 14 days before the date set for the hearing.


Conduct of appeal hearing before Registration Appeal Committee

49   (1)    The parties to an appeal hearing are the College and the applicant.

 

       (2)    In an appeal hearing before the Registration Appeal Committee, the parties have the right to all of the following:

 

                (a)    representation by legal counsel;

 

                (b)    if the appeal hearing requires the attendance of the parties, the opportunity to present evidence and to make submissions;

 

                (c)    disclosure of all relevant information and documents.

 

       (3)    The applicant is a compellable witness in an appeal hearing.

 

       (4)    The proceedings of an appeal hearing must be electronically recorded.


Evidence at hearing

50   (1)    Except as provided in subsection (2), none of the following evidence is admissible at an appeal hearing unless the opposing party has been given the specified opportunity or information at least 10 days before the date of the appeal hearing:

 

                (a)    for written or documentary evidence, an opportunity to examine the evidence;

 

                (b)    for expert evidence, a copy of the expert’s written report or, if there is no written report, a written summary of the evidence and the expert’s qualifications;

 

                (c)    for witnesses’ testimony, if the Registration Appeal Committee authorizes the attendance of witnesses, the identity of the witnesses.

 

       (2)    The Registration Appeal Committee may allow the introduction of evidence that would be otherwise inadmissible and may make any directions it considers necessary to ensure that a party is not prejudiced by the admission of the evidence.


Applicant fails to attend appeal hearing

51   If an applicant fails to attend an appeal hearing, the Registration Appeal Committee may proceed with the appeal hearing in the applicant’s absence and take any action authorized under the Act and these regulations.


Conclusion of appeal hearing

52   (1)    The Registration Appeal Committee must render its decision with reasons within a reasonable time after

 

                (a)    the appeal hearing concludes, if an appeal hearing is held; or

 

                (b)    its review of the written evidence and written submissions, if no appeal hearing is held.

 

       (2)    The Registration Appeal Committee may make any decision the Registrar or the Registration Committee could have made with respect to the application, and may do any of the following:

 

                (a)    order the imposition of conditions or restrictions on the licence of the appellant;

 

                (b)    assess any costs to be paid by the applicant and determine how any security is credited towards the costs or refunded to the applicant under subsection 44(2).

 

       (3)    In clause (2)(b), “costs” includes all of the following:

 

                (a)    expenses incurred by the College, the Council and the Registration Appeal Committee;

 

                (b)    honoraria paid to members of the Registration Appeal Committee;

 

                (c)    the College’s solicitor-and-client costs, including disbursements, relating to the application and the appeal, including those of College counsel and counsel for the Registration Appeal Committee;

 

                (d)    additional costs resulting from a member causing the postponement of an appeal hearing.


Decision of Registration Appeal Committee is final

53   A decision of the Registration Appeal Committee is final.


Part 4: Professional Conduct Process


Definitions for Part 4

54   In this Part,

 

“caution” by an investigation committee means a determination that a member may have breached the standards of professional ethics or practice expected of members in circumstances that do not constitute professional misconduct, conduct unbecoming the profession, incompetence or incapacity, and a caution is not considered to be a licensing sanction;

 

“counsel” by an investigation committee means a determination that a member could benefit from professional guidance from the College about the subject matter of the complaint in circumstances that do not constitute professional misconduct, conduct unbecoming the profession, incompetence or incapacity, and a counsel is not considered to be a licensing sanction.


Initiating and Investigating Complaint


Notification of complaint

55   On receiving or initiating a complaint, the Registrar must send copies of the complaint to both of the following:

 

                (a)    the respondent;

 

                (b)    an investigation committee.


Preliminary investigation of complaint

56   (1)    On receiving or initiating a complaint, the Registrar may appoint an investigator to conduct a preliminary investigation of the complaint under this Section.

 

       (2)    When conducting a preliminary investigation, an investigator may request additional written or oral explanation from the complainant, the respondent or a third party.

 

       (3)    The Registrar or an investigator may, with a respondent’s consent, arrange for the respondent to do 1 or more of the following during a preliminary investigation:

 

                (a)    if the Registrar or investigator has reasonable and probable grounds to believe that the respondent has an issue of incapacity, submit to physical or mental examinations by a qualified person or persons designated by the Registrar, and authorize the reports from the examinations to be given to the Registrar;

 

                (b)    submit to a review or audit of the respondent’s practice by a qualified person or persons designated by the Registrar, and authorize a copy of the review or audit to be given to the Registrar;

 

                (c)    complete a competence assessment or other assessment or examination to determine whether the respondent is competent to practise, and authorize the assessment or examination report to be given to the Registrar;

 

                (d)    produce any records kept about the respondent’s practice that the Registrar or investigator consider appropriate.

 

       (4)    Expenses incurred to take any action under subsection (3) must initially be paid by the College, but may be awarded as costs against the respondent under any of the following circumstances:

 

                (a)    in accordance with subsection 90(2) of the Act;

 

                (b)    as part of the terms of a consensual reprimand or consensual conditions or restrictions;

 

                (c)    by consent.


Resolution of complaint by Registrar

57   (1)    Taking into account the results of a preliminary investigation, the Registrar must do 1 or more of the following:

 

                (a)    dismiss the complaint and notify the complainant and the respondent of the dismissal if the Registrar decides that any of the following apply:

 

                         (i)     the subject matter of the complaint is outside the jurisdiction of the College,

 

                         (ii)    the complaint cannot be substantiated,

 

                         (iii)   the complaint is frivolous or vexatious,

 

                         (iv)   the complaint constitutes an abuse of process,

 

                         (v)    the complaint does not allege facts that, if proven, would constitute professional misconduct, conduct unbecoming, incompetence or incapacity, or would merit a counsel or a caution, or both;

 

                (b)    informally resolve the complaint if the Registrar considers that the complaint may be satisfactorily resolved consistent with the objects of the College, including by authorizing the resignation of the member;

 

                (c)    refer the member to the Fitness-to-practise Committee if all of the following apply:

 

                         (i)     the complaint raises concerns about a member’s capacity,

 

                         (ii)    it is in the public interest to do so,

 

                         (iii)   the complaint does not allege facts that, if proven, would reasonably be regarded as professional misconduct, conduct unbecoming or professional incompetence,

 

                         (iv)   the complaint does not allege facts that, if proven, would reasonably merit a counsel or caution,

 

                         (v)    the member consents;

 

                (d)    refer the matter to an investigation committee.

 

       (2)    If the Registrar considers it useful, the Registrar may provide written advice relevant to the complaint that is of a non-disciplinary nature to any of the following persons:

 

                (a)    the complainant;

 

                (b)    the respondent;

 

                (c)    any person affected by the complaint.

 

       (3)    The Registrar must provide a copy of any written advice provided under clauses (2)(a) or (c) to the respondent.


Review of complaint dismissal

58   (1)    No later than 30 days after a complainant is notified of a dismissal by the Registrar under clause 57(1)(a), the complainant may submit a written request to the Registrar for review of the dismissal.

 

       (2)    The Registrar must send any request for a review of a complaint dismissal received under subsection (1) to both of the following:

 

                (a)    the respondent;

 

                (b)    the President of the Council.

 

       (3)    On receiving a request for review of a complaint dismissal under clause (2)(b), the Council must appoint an investigation committee to review the dismissal.

 

       (4)    On reviewing a complaint dismissal under this Section, an investigation committee may do any of the following:

 

                (a)    confirm the dismissal of some or all of the complaint;

 

                (b)    order an investigation of any aspects of the complaint that have not been dismissed and direct that a written report of the investigation be provided and the matter be considered by another investigation committee appointed under subsection 47(1) of the Act.


Fitness-to-practise Committee


Referral to Fitness-to-practise Committee

59   (1)    The Registrar or an investigation committee may, if it is in the public interest to do so, and with the consent of the member, refer the matter to the Fitness-to-practise Committee in accordance with these regulations in any of the following circumstances:

 

                (a)    a complaint concerns a member’s incapacity;

 

                (b)    the investigation of a complaint raises the question of a member’s incapacity;

 

                (c)    a person raises questions about the possible incapacity of a member to the College in the absence of a complaint;

 

                (d)    a member self-reports incapacity to the College.

 

       (2)    If a matter referred to the Fitness-to-practise Committee concerns a member who was previously before the Fitness-to-practise Committee, the Committee must be provided with all information in the possession of the College related to the previous matter.

 

       (3)    The Fitness-to-practise Committee may refer a matter to an investigation committee in accordance with these regulations, in which case the matter is a complaint and must be dealt with as a complaint in accordance with the Act and these regulations.


Registrar’s action in lieu of initiating complaint

60   (1)    In lieu of initiating a complaint, the Registrar may refer a matter involving the capacity of a member directly to the Fitness-to-practise Committee if all of the following apply:

 

                (a)    there are concerns about a member’s capacity;

 

                (b)    it is in the public interest to do so;

 

                (c)    information received by the Registrar about the member does not allege facts that, if proven,

 

                         (i)     would reasonably be regarded as professional misconduct, conduct unbecoming or professional incompetence, or

 

                         (ii)    would reasonably merit a counsel or a caution;

 

                (d)    the member consents.

 

       (2)    Sections 61 to 63, representing the powers and duties of the Fitness-to-practise Committee, apply to a matter referred to the Fitness-to-practise Committee under subsection (1).


Interim agreement

61   (1)    On receipt of a referral of a matter, the Fitness-to-practise Committee may enter into an interim agreement with the member who is the subject of the referral, respecting conditions or restrictions on the member’s practice or undertakings with regard to the member’s practice.

 

       (2)    An interim agreement is in effect pending the conclusion of an investigation or hearing with respect to the member or until the member enters into a remedial agreement.

 

       (3)    An interim agreement may include any of the following:

 

                (a)    the member’s agreement to submit, at the member’s expense, to any assessment for incapacity that the Fitness-to-practise Committee considers appropriate;

 

                (b)    the member’s agreement to reimburse the College for any assessment for incapacity expenses incurred by the College;

 

                (c)    the member’s undertaking to complete, at the member’s expense, any applicable course of treatment that is designed to address any issues respecting the member’s capacity;

 

                (d)    the member’s authorization for the Fitness-to-practise Committee to receive reports on the assessments for incapacity or treatments referred to in clauses (a), (b) and (c) and to request reports from practitioners who treat the member;

 

                (e)    the member’s agreement to accept restrictions or conditions on the member’s practice;

 

                (f)    the member’s undertaking to withdraw from practice until the terms and conditions in the agreement are satisfied;

 

                (g)    any provisions to which the member and the Fitness-to-practise Committee agree.

 

       (4)    If a member who enters into an interim agreement undertakes not to practise until the terms and conditions of the interim agreement have been satisfied, the Registrar

 

                (a)    must remove the member’s name from any applicable rosters;

 

                (b)    must notify the member’s employers as identified in the records of the College; and

 

                (c)    may notify the licensing authority in any other jurisdiction in which the member is licensed, as shown in the records of the College.

 

       (5)    Any terms, conditions or restrictions placed on a member’s licence under an interim agreement must be noted on the member’s licence and in the College’s records, and the Registrar must notify the member’s employers as identified in the records of the College.


Remedial agreement

62   (1)    The Fitness-to-practise Committee may enter into a remedial agreement with a member, if the Fitness-to-practise Committee is satisfied of all of the following:

 

                (a)    the member is incapacitated;

 

                (b)    it is in the public interest to do so;

 

                (c)    the agreement contains terms and conditions that can be reasonably expected to protect the public and avoid endangering the health or safety of patients.

 

       (2)    A remedial agreement may contain any of the following:

 

                (a)    the member’s agreement to submit, at the member’s expense, to any assessment for incapacity that the Fitness-to-practise Committee considers appropriate;

 

                (b)    the member’s agreement to reimburse the College for any assessment for incapacity expenses incurred by the College;

 

                (c)    the member’s undertaking to complete, at the member’s expense, any applicable course of treatment designed to address any issues respecting the member’s incapacity;

 

                (d)    the member’s authorization for the Fitness-to-practise Committee to receive any reports, assessments or evaluations that have been completed, are being undertaken or are undertaken in the future, whether at the request of the Fitness-to-practise Committee or not, to the extent that they might reasonably be considered to relate to the member’s incapacity;

 

                (e)    the member’s consent for the Fitness-to-practise Committee to communicate directly with practitioners who treat the member;

 

                (f)    restrictions on the member’s licence, or the member’s undertaking to refrain from practising;

 

                (g)    terms and conditions that the member must satisfy before returning to practice;

 

                (h)    terms, conditions or restrictions on the member’slicence that will apply after the member returns to practice;

 

                (i)     any provisions to which the member and the Fitness-to-practise Committee agree.

 

       (3)    Any terms, conditions or restrictions placed on a member’s licence under a remedial agreement must be noted on the member’s licence and in the College’s records, and the Registrar must notify the member’s employers as identified in the records of the College.

 

       (4)    If a member who enters into a remedial agreement undertakes not to practise until certain conditions of the remedial agreement have been satisfied, the Registrar

 

                (a)    must remove the member’s name from any applicable rosters;

 

                (b)    must notify the member’s employers, as identified in the records of the College; and

 

                (c)    may notify the licensing authority in any other jurisdiction in which the member is licensed, as shown in the records of the College.


Referrals from the Fitness-to-practise Committee

63   (1)    The Fitness-to-practise Committee must refer a matter respecting a member back to the Registrar or back to an investigation committee if any of the following occur:

 

                (a)    the member fails to submit to any examination that the Committee directs to determine whether or not the member is incapacitated;

 

                (b)    the member withdraws consent to participate in the fitness-to-practise process;

 

                (c)    at any time, the Fitness-to-practise Committee considers that it is no longer in the public interest for the member to participate in the fitness-to-practise process;

 

                (d)    the member and the Fitness-to-practise Committee do not agree to the terms and conditions of an interim agreement or a remedial agreement;

 

                (e)    the Fitness-to-practise Committee requests an amendment to an interim or remedial agreement and the member does not accept the amendment;

 

                (f)    the Fitness-to-practise Committee determines that a member subject to an interim or remedial agreement

 

                         (i)     fails to meet the terms and conditions of the interim or remedial agreement, or

 

                         (ii)    poses an immediate threat to the health or safety of others;

 

                (g)    the Fitness-to-practise Committee is not satisfied that the member is incapacitated.

 

       (2)    The Fitness-to-practise Committee must refer any referral by the Registrar under Section 60 back to the Registrar if the Fitness-to-practise Committee believes that facts exist that, if proven, would constitute a complaint.

 

       (3)    Once a member has fulfilled the terms and conditions of a remedial agreement, the Fitness-to-practise Committee must refer the agreement back to the Registrar or back to an investigation committee for final disposition.

 

       (4)    When a matter is referred by the Fitness-to-practise Committee back to the Registrar or back to an investigation committee, the complete file, including any reports, assessments or evaluations in the possession of or obtained by the Fitness-to-practise Committee, must accompany the referral.


Investigation Committees


Investigating complaint

64   (1)    Before requiring a member who is the subject of a written complaint to submit to a physical or mental examination under clause 52(1)(a) of the Act, an investigation committee must have reasonable and probable grounds to believe that the member has an issue of incapacity.

 

       (2)    An investigation committee may designate an investigator, who may or may not be a member of the investigation committee, to investigate a complaint.

 

       (3)    When investigating a complaint, an investigator or an investigation committee may do 1 or more of the following:

 

                (a)    request additional written or oral explanation from the complainant, the respondent or a third party;

 

                (b)    request an interview of the complainant, the respondent or a third party;

 

                (c)    informally resolve the complaint in the interests of the respondent, the complainant, the public and the College, including by authorizing the resignation of the member, subject to the approval of the Council.

 

       (4)    An investigator or investigation committee may investigate any matter relating to the respondent that arises in the course of an investigation, in addition to the complaint, that may constitute any of the following:

 

                (a)    professional misconduct;

 

                (b)    conduct unbecoming the profession;

 

                (c)    incompetence;

 

                (d)    incapacity.

 

       (5)    A respondent may submit medical information and any information relevant to the complaint to an investigator.


Additional information to investigation committee

65   (1)    An investigation committee may at any time direct an investigator to conduct any investigation that the investigation committee considers necessary.

 

       (2)    An investigation committee may at any time before or during a meeting receive information if the information is relevant to the matters before it.

 

       (3)    If an investigation committee receives additional information under subsection (2), the respondent must be given an opportunity to respond to the matters raised in the information before the final disposition of the matter by the investigation committee.


Dismissal of complaint by investigation committee

66   (1)    An investigation committee may dismiss a complaint and notify the complainant and the respondent of the dismissal if an investigation committee decides that any of the following apply:

 

                (a)    the subject matter of the complaint is outside the jurisdiction of the College;

 

                (b)    the complaint cannot be substantiated;

 

                (c)    the complaint is frivolous or vexatious;

 

                (d)    the complaint constitutes an abuse of process;

 

                (e)    the complaint does not allege facts that, if proven, would constitute professional misconduct, conduct unbecoming, incompetence or incapacity or would merit a counsel or a caution, or both.

 

       (2)    If a complaint concerns a matter that an investigation committee refers to the Fitness-to-practise Committee under subsection 59(1) and the matter is then referred back to the investigation committee, the investigation committee must

 

                (a)    determine whether the matter referred to the Fitness-to-practise Committee has been resolved; and

 

                (b)    continue to process as a complaint any part of the complaint that is still outstanding.

 

       (3)    If an investigation committee considers it useful, it may provide written advice relevant to the complaint that is of a non-disciplinary nature to any of the following persons:

 

                (a)    the complainant;

 

                (b)    the respondent;

 

                (c)    any person affected by the complaint.

 

       (4)    The Registrar must provide a copy of any written advice provided under clause (3)(a) or (c) to the respondent.


Disposition of complaint by investigation committee

67   (1)    An investigation committee must give the respondent a reasonable opportunity to appear before the committee before it disposes of the complaint, and may request or require other persons to appear before it.

 

       (2)    An investigation committee may require a respondent to do 1 or more of the following:

 

                (a)    if the investigation committee has reasonable and probable grounds to believe that the respondent has an issue of incapacity, submit to physical or mental examinations by a qualified person or persons designated by the investigation committee and authorize the reports from the examinations to be given to investigation committee;

 

                (b)    submit to a review or audit of the respondent’s practice by a qualified person or persons designated by the investigation committee, and authorize a copy of the review or audit to be given to the investigation committee;

 

                (c)    complete a competence assessment or other assessment or examination to determine whether the respondent is competent to practise, and authorize the assessment or examination report to be given to the investigation committee;

 

                (d)    produce any records kept about the respondent’s practice that investigation committee considers appropriate.

 

       (3)    Expenses incurred for a respondent to do anything required under subsection (2) must initially be paid by the College, but may be awarded as costs against the respondent under the following circumstances:

 

                (a)    in accordance with 90(2) of the Act;

 

                (b)    as part of the terms of a consensual reprimand or consensual conditions or restrictions;

 

                (c)    by consent.

 

       (4)    After providing the opportunity to appear before an investigation committee under subsection (1), the committee must do 1 or more of the following:

 

                (a)    dismiss the complaint;

 

                (b)    if considered useful by the committee, provide advice relevant to the complaint that is of a non-disciplinary nature to 1 or more of the following persons:

 

                         (i)     the complainant,

 

                         (ii)    the respondent,

 

                         (iii)   any other person affected by the complaint;

 

                (c)    counsel the respondent;

 

                (d)    caution the respondent;

 

                (e)    refer the respondent to the Registrar for a competence assessment as determined by the Registrar, and require the respondent to pay for any costs arising from the assessment;

 

                (f)    informally resolve the complaint, including by authorizing the respondent’s resignation from the Register and any relevant rosters, subject to the approval of the Council;

 

                (g)    make a determination that there is sufficient evidence that, if proven,

 

                         (i)     would constitute any of the following:

 

                                  (A)   professional misconduct,

 

                                  (B)   conduct unbecoming,

 

                                  (C)   incompetence, and

 

                         (ii)    would warrant imposing a licensing sanction;

 

                (h)    if satisfied the respondent has been practising without a licence, direct the respondent to pay a fine in an amount determined by the committee.

 

       (5)    The Registrar must provide a copy of any written advice provided under subclause (4)(b)(i) or (iii) to the respondent.

 

       (6)    If an investigation committee makes a determination under clause (4)(g), the investigation committee must do 1 of the following:

 

                (a)    with the respondent’s consent, order 1 or both of the following:

 

                         (i)     that the respondent receive a reprimand,

 

                         (ii)    that conditions or restrictions be imposed on the respondent’s licence;

 

                (b)    refer the matter or matters for a hearing and, if the committee considers it appropriate, direct the Registrar on behalf of the College to attempt to negotiate a settlement proposal in accordance with Section 70.


Notification and disclosure of disposition

68   (1)    A licensing sanction imposed under clause 67(6)(a) must be published in accordance with subsection 86(2).

 

       (2)    If an investigation committee refers a matter to the Hearing Committee under clause 67(6)(b), the Registrar must advise the complainant of the referral and may do 1 or more of the following

 

                (a)    disclose to the public that a matter has been referred for a hearing;

 

                (b)    advise others of the referral for a hearing.


Jurisdiction over matter

69   (1)    An investigation committee retains jurisdiction over a complaint referred to it

 

                (a)    until the investigation committee has disposed of the complaint; or

 

                (b)    in the case of a complaint that is referred to the Hearing Committee by the investigation committee, until the hearing of the complaint has begun.

 

       (2)    In the case of a matter that arises from a complaint and is referred to the Fitness-to-practise Committee by an investigation committee, the investigation committee retains jurisdiction over the matter until the investigation committee has determined that the Fitness-to-practise Committee has completed its involvement in the matter and either

 

                (a)    the investigation committee has disposed of the complaint; or

 

                (b)    the investigation committee has referred the complaint to the Hearing Committee and the hearing of the complaint has begun.


Settlement Proposals


Preparing and tendering settlement proposals

70   (1)    A settlement proposal may be tendered in writing by the Registrar or the respondent at any time before a hearing begins.

 

       (2)    A settlement proposal must include all of the following:

 

                (a)    sufficient facts and admissions to support the agreed disposition;

 

                (b)    an agreement on costs;

 

                (c)    the respondent’s consent to a specified disposition, conditional on the acceptance of the settlement proposal by an investigation committee and the Hearing Committee.

 

       (3)    A settlement proposal may include any disposition that could be ordered by the Hearing Committee under the Act or these regulations.

 

       (4)    If both the Registrar and the respondent agree with a settlement proposal tendered under subsection (1), the Council must refer the settlement proposal to the investigation committee for consideration in accordance with Section 71.

 

       (5)    The parties may agree to use a mediator to prepare a settlement proposal, and in that case the costs for the mediator must be divided equally between the College and the respondent, unless the parties agree to a different division of the costs.

 

       (6)    If the Registrar and the respondent cannot agree on a settlement proposal, the matter must be referred for a hearing.


Investigation committee actions when settlement proposal referred

71   (1)    An investigation committee may recommend acceptance of a settlement proposal if it is satisfied that all of the following conditions are met:

 

                (a)    the public is protected;

 

                (b)    the content of the settlement proposal provides sufficient facts and admissions to support the agreed disposition;

 

                (c)    if the respondent is permitted to continue to practise paramedicine, the respondent’s conduct or its causes can be or have been successfully remedied or treated, and the respondent is likely to successfully pursue any remediation or treatment required;

 

                (d)    settlement is in the best interests of the public and the profession.

 

       (2)    If an investigation committee recommends acceptance of a settlement proposal, the investigation committee must refer the settlement proposal to the Hearing Committee for consideration in accordance with Section 72.

 

       (3)    If the investigation committee does not recommend acceptance of a settlement proposal, the investigation committee must do 1 of the following:

 

                (a)    recommend changes to the settlement proposal that,

 

                         (i)     if agreed upon by the Registrar and the respondent will result in acceptance by the investigation committee, or

 

                         (ii)    if not agreed upon by the Registrar and the respondent will result in rejection by the investigation committee;

 

                (b)    reject the settlement proposal and refer the complaint considered by the investigation committee to the Hearing Committee for a hearing.


Hearing Committee actions when settlement proposal referred

72   (1)    A hearing panel must consider a settlement proposal, and may approve the settlement proposal if satisfied that all of the conditions in subsection 71(1) have been met.

 

       (2)    If a hearing panel accepts a settlement proposal, the settlement proposal forms part of the order of the Hearing Committee disposing of the matter and, except as provided in subsection 73(3) for breaches of the settlement proposal, there is no hearing.

 

       (3)    If a hearing panel does not accept a settlement proposal, it must do 1 of the following:

 

                (a)    suggest amendments to the settlement proposal and return it to the Registrar and the respondent for review;

 

                (b)    reject the settlement proposal, in which case the matter is referred to another hearing panel for a hearing.

 

       (4)    If both the Registrar and the respondent do not agree with the amendments to a settlement proposal made under clause (3)(a), the settlement proposal is deemed to be rejected and the matter must be referred to another hearing panel for a hearing.

 

       (5)    If both the Registrar and the respondent agree with the amendments to a settlement proposal made under clause (3)(a), the settlement proposal must be approved by the hearing panel.

 

       (6)    A person who sits on a hearing panel that reviews a rejected settlement proposal must not sit on the hearing panel that conducts a hearing related to the same complaint.


Settlement proposals and hearings

73   (1)    If a settlement proposal is rejected by a hearing panel, a hearing must proceed without reference to the settlement proposal or any admissions contained in the settlement proposal until after the Hearing Committee has determined whether professional misconduct, conduct unbecoming, incompetence or incapacity has been proven.

 

       (2)    Before deciding whether to award costs in a hearing, a hearing panel may be given a copy of any settlement proposals exchanged between the parties.

 

       (3)    Any alleged or admitted breach by a respondent of an undertaking given in an accepted settlement proposal or a condition of an accepted settlement proposal must be referred to the Hearing Committee and may form the subject of a new hearing.


Consent revocation

74   (1)    A respondent who admits or does not contest the allegations set out in either of the following may, with the consent of the Registrar, submit a proposed consent revocation agreement to the Hearing Committee for approval:

 

                (a)    a complaint; or

 

                (b)    a decision of an investigation committee under clause 67(6)(a).

 

       (2)    A proposed consent revocation agreement must include allegations that, if proven, would result in a revocation of the respondent’s registration and licence.

 

       (3)    The Hearing Committee may accept or refuse to accept a proposed consent revocation agreement and must provide a written decision with reasons.

 

       (4)    A decision to accept a consent revocation agreement must in all respects be treated in the same manner as a revocation ordered by the Hearing Committee following a hearing, including disclosure and publication in accordance with Section 86.


Notice of hearing

75   A notice of hearing required by Section 67 of the Act must state

 

                (a)    the details of the allegations; and

 

                (b)    that the respondent may be represented by legal counsel, a union representative or another representative.


Amendment of notice of hearing

76   (1)    At any time before or during a hearing, the Hearing Committee may, on its own motion or on the motion of a party to the hearing, amend or alter the notice of hearing for any of the following reasons:

 

                (a)    to correct an alleged defect in substance or form,

 

                (b)    to make the notice conform to the evidence, if there appears to be a difference between the evidence and the notice or if the evidence discloses any of the following that is not stated in the notice:

 

                         (i)     potential professional misconduct,

 

                         (ii)    conduct unbecoming the profession,

 

                         (iii)   incapacity,

 

                         (iv)   incompetence.

 

       (2)    A respondent must be given an opportunity to prepare an answer to an amendment or alteration to a notice of hearing made by the Hearing Committee.

 

       (3)    After receiving a respondent’s answer under subsection (2), the Hearing Committee may decide that an amendment or alteration to the notice of hearing should not be made and, if considered appropriate, may refer any new allegations to the Registrar for processing as a complaint.


Public notice of hearing

77   Subject to any publication ban, the Registrar must give public notice of any scheduled hearings, through the College’s website or by any alternate means the Registrar considers appropriate, that includes all of the following information:

 

                (a)    the name of the member,

 

                (b)    the date, time and location of a hearing;

 

                (c)    reference to any application being made for an order under subsection 78(1) or (3) to exclude the public.


Attendance at hearing and publication bans

78   (1)    At the request of a party, the Hearing Committee may order that the public, in whole or in part, be excluded from a hearing or any part of it if the Hearing Committee is satisfied that any of the following apply:

 

                (a)    personal, medical, financial or other matters that may be disclosed at the hearing are of such a nature that avoiding public disclosure of those matters in the interest of the public or any person affected outweighs adhering to the principle that hearings should be open to the public;

 

                (b)    the safety of any person may be jeopardized by permitting public attendance.


 

       (2)    The Hearing Committee may make an order that the public be excluded from a part of a hearing that deals with a request for an order to exclude the public in whole or in part under subsection (1).

 

       (3)    The Hearing Committee may make any orders that it considers necessary, including orders prohibiting publication or broadcasting, to prevent the public disclosure of matters disclosed in a hearing or in any part of a hearing, including dealing with an order under subsection (1) or (2).

 

       (4)    Subject to any order made under this Section, the Hearing Committee must state at a hearing its reasons for any order made under this Section.

 

       (5)    Despite any decision to exclude the public under this Section, a complainant may attend a hearing unless the Hearing Committee directs otherwise.


Hearing procedures

79   (1)    A complainant other than the Registrar cannot participate as a party at a hearing.

 

       (2)    The Hearing Committee may determine any additional rules of procedure for hearings that are not covered by the Act or these regulations.

 

       (3)    A hearing panel may exclude a complainant or a witness other than the respondent from a hearing until the complainant or witness is required to give evidence.

 

       (4)    Witnesses at a hearing must testify under oath or affirmation.

 

       (5)    An oath or affirmation taken at a hearing may be administered by any member of the hearing panel or other person in attendance authorized by law to administer oaths or affirmations.

 

       (6)    A hearing panel may require a respondent to do 1 or more of the following during a hearing:

 

                (a)    if the hearing panel has reasonable and probable grounds to believe that the respondent has an issue of incapacity, submit to physical or mental examinations by a qualified person or persons designated by the panel and authorize reports from the examinations to be given to the panel;

 

                (b)    submit to a review or audit of the respondent’s practice by a qualified person or persons designated by the panel and authorize a copy of the review to be given to the panel;

 

                (c)    submit to a competence assessment or other assessment or examination the panel directs to determine whether the respondent is competent to practise paramedicine and authorize the report of the assessment or examination to be given to the panel;

 

                (d)    produce any records kept about the respondent’s practice that the panel considers appropriate.

 

       (7)    If a respondent fails to comply with a requirement under subsection (6), the Hearing Committee may order that the respondent be suspended until the respondent complies.

 

       (8)    Expenses incurred for a respondent to comply with a requirement under subsection (6) must be initially paid by the College, but may be awarded as costs against a respondent in accordance with subsection 90(2) of the Act.


Subpoenaed witness fees

80   Witnesses who are present under subpoena at a hearing are entitled to the same allowances as witnesses attending a trial of an action in the Supreme Court of Nova Scotia.


Recording evidence at hearing

81   (1)    All evidence presented at a hearing must be recorded by a person authorized by the College.

 

       (2)    Evidence may be presented at a hearing in any manner that the Hearing Committee considers appropriate, and the committee is not bound by the rules of law respecting evidence applicable to judicial proceedings, but must consider what evidence to receive in a fair manner.


Preserving evidence

82   Evidence presented to the Hearing Committee and information obtained by an investigation committee or an investigator for a complaint that has not been dismissed by an investigation committee must be preserved, electronically or otherwise, for at least 5 years from the date the evidence is presented or the information is obtained.


Disposition by hearing panel

83   If a hearing panel finds professional misconduct, conduct unbecoming, incompetence or incapacity on the part of a respondent, the panel may do 1 or more of the following and must include orders for the action in the panel’s disposition of the matter:

 

                (a)    revoke the respondent’s registration or licence and direct the Registrar to remove the respondent’s name from the appropriate rosters;

 

                (b)    for a respondent who held a temporary licence or a restricted temporary licence at the time of the incident giving rise to the complaint, revoke the respondent’s ability to obtain registration or require the respondent to comply with any conditions or restrictions imposed by the panel if registration is granted;

 

                (c)    authorize the respondent to resign from the Register and direct the Registrar to remove the respondent’s name from the appropriate rosters;

 

                (d)    suspend the respondent’s licence for a specified period of time and direct the Registrar to remove the respondent’s name from the appropriate rosters;

 

                (e)    suspend the respondent’s ability to obtain a licence for a specified period of time;

 

                (f)    suspend the respondent’s licence pending the satisfaction and completion of any conditions the panel orders;

 

                (g)    impose any restrictions or conditions, or both, on the respondent’s licence for a specified period of time;

 

                (h)    reprimand the respondent and direct that the reprimand be recorded in the records of the College;

 

                (i)     direct the respondent to pass a particular course of study or satisfy the Hearing Committee or any other committee established under the Act of the respondent’s general competence to practise paramedicine or competence in a particular field of paramedicine;

 

                (j)     refer the respondent for a competence assessment as determined by the Registrar, and require the respondent to pay any costs associated with the assessment;

 

                (k)    direct the respondent to pay a fine in an amount determined by the panel for findings that involve any of the following:

 

                         (i)     practising without a licence,

 

                         (ii)    professional misconduct or conduct unbecoming the profession;

 

                (l)     publish or disclose its findings in accordance with subsection 86(1).


Written decision of hearing panel

84   A hearing panel must prepare a written report of its decision that includes the reasons for its findings and the reasons for its disposition of the matter, and must publish its decision or information from its decision in accordance with Section 86.


Disclosing of Hearing Committee’s decision to dismiss complaint

85   (1)    Except as prohibited by any publication ban and subject to subsection (2), the Hearing Committee may disclose or publish a decision or part of a decision that dismisses a complaint, in the manner determined by the Hearing Committee.

 

       (2)    The Hearing Committee must provide a copy of its full decision to the Registrar.


Disclosing and publishing licensing sanctions

86   (1)    In addition to the information required by Section 83 of the Act and except as excluded under Section 88, for any licensing sanction issued by an investigation committee or a hearing panel, all of the following information is required to be disclosed and published under Section 83 of the Act in the manner specified:

 

                (a)    a copy of the full decision to the respondent and the complainant;

 

                (b)    the full decision published in all of the following:

 

                         (i)     the College website,

 

                         (ii)    the professional conduct digest retained by the College and available to the public,

 

                         (iii)   any official publication determined by the Hearing Committee;

 

                (c)    a copy of the full decision or a summary of the decision, or a notice of the decision to any of the following as the Registrar considers necessary:

 

                         (i)     other regulatory bodies,

 

                         (ii)    any past, present or intended employer of the respondent,

 

                         (iii)   any district health authority,

 

                         (iv)   any identified individuals,

 

                         (v)    the public, through the newspaper or other media as determined by the Registrar.

 

       (2)    In addition to the information required by Section 83 of the Act and except as excluded under Section 88, for any licensing sanction issued by an investigation committee or through a settlement agreement, all of the following information is required to be disclosed and published under Section 83 of the Act in the manner specified:

 

                (a)    a copy of the full decision given to the respondent;

 

                (b)    the full decision or part of the decision, as determined by the Registrar, given to the complainant;

 

                (c)    the full decision or a summary of the decision published in all of the following:

 

                         (i)     the College website,

 

                         (ii)    the professional conduct digest retained by the College and available to the public,

 

                         (iii)   any official publication determined by the Registrar;

 

                (d)    notification of the licensing sanction and a copy of the summary of the decision provided to the following along with any other information requested:

 

                         (i)     other regulatory bodies,

 

                         (ii)    any past, present or intended employer,

 

                         (iii)   any district health authority,

 

                         (iv)   any entities or individuals as the Registrar considers necessary;

 

                (e)    any of the following provided to any person as the Registrar considers appropriate:

 

                         (i)     the decision,

 

                         (ii)    a summary of the decision,

 

                         (iii)   parts of the decision,

 

                         (iv)   notice of the decision.


Contents of summary of decision

87   A summary of a decision provided under Section 86 must contain all of the following information:

 

                (a)    the member’s name, city or town of residence, registration number;

 

                (b)    the provision of the Act or the regulations under which the licensing sanction is issued;

 

                (c)    the date of the decision;

 

                (d)    sufficient facts to support the admissions and the disposition;

 

                (e)    the admissions of the respondent;

 

                (f)    the disposition ordered by the investigation committee;

 

                (g)    the reasons for the decision;

 

                (h)    any information the College considers necessary to meet the objects of the College.


Publication if finding of incapacity

88   If a complaint is resolved without a hearing and the allegations have been found to constitute incapacity, the Registrar must disclose only such information relating to the incapacity as is necessary to ensure the objects of the College are met.


Respondent’s expenses and costs

89   (1)    Except when awarded costs under subsection 90(2) of the Act, a respondent is responsible for all expenses incurred in their defence.

 

       (2)    If the Hearing Committee considers that a hearing was not necessary, it may order the College to pay some or all of the respondent’s legal costs.


Reinstatement of Registration or Licence


Applications for reinstatement

90   (1)    An application for reinstatement of registration or a licence must be sent in writing to the Registrar together with the applicable fee.

 

       (2)    An application for reinstatement of registration or a licence must include any information the reinstatement committee requires to assist it in determining whether the objects of the professional conduct process will be met if reinstatement is granted.


Investigation concerning reinstatement application

91   (1)    On receiving a reinstatement application, the Registrar may request that an investigation be conducted to gather relevant and appropriate information concerning the application.

 

       (2)    A person who conducts an investigation under subsection (1) must give a written report on the investigation to the Registrar and the applicant.

 

       (3)    The Registrar must provide a reinstatement committee with the reinstatement application together with all of the following:

 

                (a)    the report required by subsection (2);

 

                (b)    all material relevant to the application, including the decision of the Hearing Committee that revoked the applicant’s registration or licence.


Reinstatement application proceedings

92   (1)    A reinstatement committee must set a date for a proceeding to review a reinstatement application and must advise the applicant of the date.

 

       (2)    The parties to a reinstatement application proceeding are

 

                (a)    the College, represented by the Registrar or a person designated by the Registrar; and

 

                (b)    the applicant for reinstatement.

 

       (3)    Evidence before a reinstatement committee must be taken under oath or affirmation and must be recorded, and is subject to cross-examination.


Attendance at reinstatement application proceeding

93   (1)    Except as provided in subsection (2) or (3), a reinstatement application proceeding is open to the public.

 

       (2)    At the request of a party, a reinstatement committee may order that the public, in whole or in part, be excluded from a reinstatement application proceeding or any part of it if the committee is satisfied that any of the following apply:

 

                (a)    personal, medical, financial or other matters that may be disclosed at the proceeding are of such a nature that avoiding public disclosure of those matters in the interest of the public or any person affected outweighs adhering to the principle that proceedings should be open to the public;

 

                (b)    the safety of any person may be jeopardized by permitting public attendance.

 

       (3)    A reinstatement committee may make an order that the public be excluded from a part of a reinstatement application proceeding that deals with a request for an order to exclude the public in whole or in part under subsection (2).

 

       (4)    A reinstatement committee may make any orders that it considers necessary, including orders prohibiting publication or broadcasting, to prevent the public disclosure of matters disclosed in a reinstatement application proceeding or in any part of a reinstatement application proceeding, including dealing with an order under subsection (2) or (3).

 

       (5)    Subject to any order made under this Section, the reinstatement committee must state at a reinstatement application proceeding its reasons for any order made under this Section.


Public notice of reinstatement application proceeding

94   Subject to any publication ban, the Registrar must give public notice of any scheduled reinstatement application proceedings through the College’s website or any alternate means the Registrar considers appropriate, including notice of all of the following:

 

                (a)    the date, time and location of the reinstatement application proceeding;

 

                (b)    reference to any request being made for an order under subsection 93(2).


Decision of reinstatement committee

95   (1)    After considering the evidence and the representations from the parties, the reinstatement committee must decide to accept or reject a reinstatement application and communicate its decision, together with reasons, in writing to the applicant and to the Registrar.

 

       (2)    If the reinstatement committee accepts a reinstatement application, the Committee may impose any conditions and restrictions it considers appropriate relating to the reinstatement of the applicant, and the applicant must satisfy all criteria required for a licence.

 

       (3)    Except as provided in subsection (4), a reinstatement committee’s decision concerning a reinstatement application is final.

 

       (4)    An applicant may resubmit an application for reinstatement no sooner than

 

                (a)    1 year after the date of the reinstatement committee’s initial decision to reject their application, or

 

                (b)    a date that is after the period in clause (a), as determined by the reinstatement committee that rejected the initial application.


Costs of reinstatement application

96   (1)    For purposes of this Section, “costs” includes all of the following:

 

                (a)    expenses incurred by the College, the Council and the reinstatement committee in the investigation of a reinstatement application;

 

                (b)    the College’s solicitor-and-client costs, including disbursements, relating to a reinstatement application, including those of College counsel and counsel for the reinstatement committee;

 

                (c)    additional costs resulting from an applicant causing the postponement of a reinstatement application proceeding without sufficient reason.

 

       (2)    An applicant for reinstatement is responsible for all expenses they incur in the reinstatement application and proceeding.

 

       (3)    Whether an application for reinstatement is accepted or rejected, the reinstatement committee may recover costs from the applicant.

 

       (4)    The Registrar may suspend the licence of any person whose licence is being reinstated and who fails to pay the costs within the time ordered until payment is made or satisfactory arrangements for payment are made.


Reinstatement of registration—conditions and restrictions continue on licence

97   On restoration of a member’s name to the register or a roster under Section 28 of the Act, any conditions or restrictions previously imposed on the member’s licence that have not expired remain in effect on any new licence issued to the member.