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Medical Practitioners Regulations

made under Section 11 of the

Medical Act

S.N.S. 2011, c. 38

O.I.C. 2014-530 (December 22, 2014), N.S. Reg. 225/2014

as amended to O.I.C. 2015-26 (February 3, 2015), N.S. Reg. 18/2015



Part 1: Interpretation and Administration


Citation

1     These regulations may be cited as the Medical Practitioners Regulations.


Definitions

2     In these regulations,

 

“academic year” means the period between the start and end date of a program as determined by an educational institution;

 

“Act” means the Medical Act;

 

“applicable fee” means the fee set by Council under clause 8(1)(a) of the Act;

 

“caution” means a warning from an investigation committee that a person may have breached the standards of professional ethics or practice in circumstances that are not determined under these regulations to warrant a licensing sanction;

 

“clinical traineeship” means a period of medical training, other than training that is part of a post-graduate training program;

 

“competence assessment” means a process that assesses competence 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;

 

“full licence” means a licence issued to a person registered on the Full Medical Register;

 

“independent review committee” means a committee appointed under subsection 90(3) to review dismissals of complaints by the Registrar;

 

“internal review process” means the process set out in Part 3 to review decisions on registration and licensing made by the Registrar;

 

“licence list” means a list of licensees maintained in accordance with subsection 7(2) for each category of licence;

 

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

 

“Medical Identification Number for Canada” means a unique personal identifier for medical students and physicians in Canada established by the Federation of Medical Regulatory Authorities of Canada and the Medical Council of Canada;

 

“post-graduate training licence” means a licence authorizing the holder of the licence to engage in the practice of medicine within the requirements of a post-graduate training program or clinical traineeship;

 

“post-graduate training program” means a post-graduate medical education program approved by the Faculty of Medicine at Dalhousie University, in which a post-graduate student practises medicine in the Province to the extent permitted by the program;

 

“post-graduate practising licence” means a licence issued to a post-graduate training licensee authorizing the licensee to practise medicine outside the requirements of their post-graduate training program;

 

“Registration Appeal Committee” means the committee appointed under Section 14 of the Act to hear appeals from decisions of the Registration Committee;

 

“restricted licence” means a licence authorizing a licensee who does not otherwise meet the criteria for a full licence to practise medicine in accordance with the conditions and restrictions on their licence;

 

“supervisor” means a medical practitioner who oversees the practice of another member in accordance with Section 18.


Notice of decisions of the College

3     (1)    Decisions of the Registrar or any committee of the College may be sent to a recipient electronically, by courier or by mail.

 

       (2)    Decisions sent to a recipient are deemed to be sent on the date the decision was transmitted.


Appointment of public representatives to committees

4     (1)    Council must appoint a committee to provide recommendations to Council regarding the appointment of public representatives to Council or other committees of the College.

 

       (2)    The committee appointed under subsection (1) must

 

                (a)    publicly advertise to invite expressions of interest in service as a public representative on the Council or on a committee;

 

                (b)    conduct an interview process to nominate potential public representatives for Council approval;

 

                (c)    ensure that nominated public representatives meet all criteria required by Council, including complying with all of the following:

Clause 4(2)(c) amended: O.I.C. 2015-26, N.S. Reg 18/2015.

 

                         (i)     they are not, and have never been, a physician,

 

 

                         (ii)    they are able and willing to serve fairly, impartially and in the public interest,

 

                         (iii)   they are able to devote appropriate time and attention to the role of public representative,

 

                         (iv)   they are willing to contribute to the attainment of the purposes of the College.

 

       (3)    The Council must consider all nominated persons recommended by the committee and appoint public representatives to fill any vacancies on Council or committees.

 

       (4)    Public representatives must remain in office for 2 or 3 year terms, as determined by Council, in order to provide a staggering of terms for public representatives.



Part 2: Registration and Licensing


Waiver of criteria for registration or licensing

5     The Registrar, the Registration Committee or the Registration Appeal Committee may waive any of the criteria for registration or licensing or renewal of a licence set out in these regulations for either of the following reasons:

 

(a)it is required by law;

 

                (b)    it is consistent with the objects and purpose of the College.


Categories of registers

6     (1)    The following are the categories of registers required to be kept:

 

                (a)    Full Medical Register;

 

                (b)    Education Register;

 

                (c)    Conditional Register.

 

       (2)    Each register must contain all of the following information for each member, with the exception of student members:

 

                (a)    name;

 

                (b)    date of birth;

 

                (c)    name and location of undergraduate medical-education program completed;

 

                (d)    year of graduation from education program;

 

                (e)    date of entry in the register;

 

                (f)    Medical Identification Number for Canada.

 

       (3)    The Registrar must change and notate a register if any of the following occurs:

 

                (a)    data was entered incorrectly;

 

                (b)    the Registrar receives confirmation of a member’s death;

 

                (c)    a member’s registration or licence is revoked;

 

                (d)    a member resigns from a register as a result of

 

                         (i)     an investigation committee, as part of an informal resolution of the complaint, or a hearing committee authorizing their resignation, or

 

                         (ii)    as part of an informal resolution of a complaint or otherwise, the member requesting in writing and the Registrar approving their resignation;

 

                (e)    a member does not renew their licence in accordance with these regulations.


Categories of licences

7     (1)    The following are the categories of licences available to be issued under each register:

 

                (a)    under the Full Medical Register, a full licence;

 

                (b)    under the Education Register, all of the following licences:

 

                         (i)     a post-graduate training licence,

 

                         (ii)    a post-graduate practising licence,

 

                         (iii)   a clinical assessment licence;

 

                (c)    under the Conditional Register, all of the following licences:

 

                         (i)     a defined licence,

 

                         (ii)    a temporary licence,

 

                         (iii)   a clinical assistant licence,

 

                         (iv)   an academic licence,

 

                         (v)    a restricted licence.

 

       (2)    The record for each category of licence required by subsection 15(2) of the Act must be maintained by the Registrar in the form of a licence list that contains all of the following for each licensee:

 

                (a)    name;

  

                (b)    registration number;

 

                (c)    Medical Identification Number for Canada;

 

                (d)    date the licence was issued.

 

       (3)    The Registrar must change and notate a licence list if any of the following occurs:

 

                (a)    data was entered incorrectly;

 

                (b)    the Registrar receives confirmation of a licensee’s death;

 

                (c)    a licensee no longer meets the criteria for the relevant licence;

 

                (d)    at a licensee’s request, upon the surrender of their licence in accordance with Section 20 of the Act;

 

                (e)    a licensee has not paid fees or other assessments levied under the Act or these regulations;

 

                (f)    a licensee’s licence is suspended, for the term of the suspension;

 

                (g)    a licensee’s registration or licence is revoked;

 

                (h)    a licensee resigns from a register as a result of

 

                         (i)     an investigation committee, as part of an informal resolution of the complaint, or a hearing committee authorizing their resignation, or

 

                         (ii)    as part of an informal resolution of a complaint or otherwise, the member requesting in writing and the Registrar approving their resignation.


Restoration of registration and licence

8     (1)    A person whose name has been removed from the register or a licence list may apply for restoration to the register and the issuance of the corresponding licence by doing all of the following:

 

                (a)    meeting the criteria for registration in the register and the criteria for the licence;

 

                (b)    paying the applicable fees;

 

                (c)    if the removal was authorized by the Registrar or a committee, obtaining the approval of the Registrar or committee;

 

                (d)    if the removal was because the member’s licence or registration was revoked by a Hearing Committee, complying with the process for reinstatement under Sections 122 to 128.

 

       (2)    Any conditions or restrictions imposed on a member’s licence that have not expired remain in effect on any new licence issued to the member under subsection (1).


Public record

9     All of the following information for each person authorized to practise medicine must be included in the record required to be available to the public under subsection 13(3) of the Act:

 

                (a)    their name and registration number;

 

                (b)    their 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)    any licensing sanctions imposed on the person that are not otherwise subject to a publication ban.


Medical specialist list

10   The Registrar must maintain a list of members whose names appear on a register and who qualify to be recognized as a medical specialist in accordance with criteria approved by Council, in categories of medical specialty established by Council.


Registration Committee composition, quorum and voting

11   (1)    The Registration Committee consists of at least

 

                (a)    1 public representative; and

 

                (b)    5 medical practitioners.

 

       (2)    A quorum of the Registration Committee consists of any 3 members of the Committee.

 

       (3)    All Registration Committee decisions require the vote of a majority of the quorum of the Committee.


Registration Appeal Committee composition, quorum and voting

12   (1)    The Registration Appeal Committee consists of at least

 

                (a)    1 public representative; and

 

                (b)    5 medical practitioners.

 

       (2)    The Chair of the Registration Appeal Committee may appoint a panel of 3 or more persons from the Committee, at least 1 of whom must be a public representative, to act as the Registration Appeal Committee to hear an appeal.

 

       (3)    If the Chair of the Registration Appeal Committee is not appointed to a panel, the Chair must appoint a chair for the panel.

 

       (4)    A quorum of the Registration Appeal Committee consists of any 3 members of a panel.

 

       (5)    All decisions of a panel of a Registration Appeal Committee require the vote of a majority of the quorum of the panel.

 

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


Proceedings before committees

13   (1)    This Section applies to the Registration Committee and the Registration Appeal Committee.

 

       (2)    The members of any committee may waive notice of any meeting or hearing of the committee.

 

       (3)    The proceedings of any meeting or hearing of a committee are not invalidated because a member of the committee fails to receive notice of the meeting or hearing.

 

       (4)    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 decisions by Registrar

14   (1)    After receiving the information required from an applicant for registration or licensing or for renewal of their licence, the Registrar must refer the matter to the Registration Committee if any of the following apply:

 

                (a)    there is any issue regarding whether the applicant has the current capacity, competence and character to safely and ethically practise medicine;

 

                (b)    for an applicant for registration in the Full Medical Register, there is any issue identified under clause 19(1)(d) or subsection 19(2).

 

       (2)    In accordance with subsection 16(5) of the Act, when issuing or renewing any licence other than a full licence, the Registrar may issue the licence with or without conditions or restrictions.

 

       (3)    If the Registrar determines that an applicant does not meet the criteria for registration or licensing or renewal of a licence for reasons other than those listed in subsection (1) 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)    if conditions or restrictions are imposed, informing the applicant of the review process in Section 15, as required by Section 19 of the Act;

 

                (c)    if the application is denied, informing the applicant of the internal review process set out in Part 3, as required by Section 19 of the Act.


Registration and licensing decisions referred to Registration Committee

15   (1)    If an application is referred to the Registration Committee under subsection 14(1) or as a result of an applicant objecting to conditions or restrictions imposed under subsection 14(2), the Registration Committee must review the application and all the information provided by the Registrar to determine whether the applicant meets the criteria for registration or licensing, or renewal of their licence.

 

       (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 full 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 full licence, advise the applicant that conditions or restrictions are required and recommend a restricted 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 the licence, 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.


Absence from practice or change in practice

16   (1)    Before returning to clinical practice after an absence of 3 years or longer, a person must

 

                (a)    notify the Registrar of their intention to return to clinical practice in writing before they return to clinical practice; and

 

                (b)    successfully complete a competence assessment as determined by the Registrar.

 

       (2)    Before changing the scope of their clinical practice to an area in which they have not practised for the 3 years immediately preceding, a person must

 

                (a)    notify the Registrar in writing of their intention to change the scope of their clinical practice; and

 

                (b)    satisfy the Registrar that they have the appropriate education or training and are competent to practise in the area or, if the Registrar is not satisfied, successfully complete a competence assessment as determined by the Registrar.

 

       (3)    Any member who has been practising outside the Province must provide, at time intervals approved by Council, a certificate of professional conduct before returning to practise in the Province.

Subsection 16(3) amended: O.I.C. 2015-26, N.S. Reg 18/2015.


Appealing Registrar’s requirement for competence assessment

17   (1)    A person who disagrees with the Registrar’s decision under Section 16 requiring them to complete a competence assessment may, no later than 30 days after the date of the Registrar’s decision, request the decision be referred to the Registration Committee.

 

       (2)    Before making a decision under subsection (3), the Registration Committee may

 

                (a)    request that the Registrar obtain additional information; and

 

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

 

       (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.


Supervisor’s duties

18   (1)    A supervisor must oversee the practice of the supervised member to ensure that the expected standard of care and conduct is met and that patient safety is not compromised.

 

       (2)    A supervisor must ensure that the supervised member receives support in the form of orientation to practice, advice, guidance and professional networking opportunities.

Full Medical Register


Full Medical Register—application and criteria for registration

19   (1)    An applicant for registration in the Full Medical Register must submit a completed application form on a form prescribed by the Registrar, together with all of the following:

 

                (a)    the applicable fee, within the time determined by the Registrar and through a method acceptable to the Registrar;

 

                (b)    proof satisfactory to the Registrar that the applicant

 

                         (i)     meets the criteria in subsection (3), and

 

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

 

                (c)    if they are currently or previously registered or licensed in another jurisdiction, certificates of professional conduct from any of the jurisdictions, as required by the Registrar;

 

                (d)    any additional information required by the Registrar to assess whether the applicant meets the criteria for registration in the Full Medical Register.

 

       (2)    The Registrar may require an applicant to participate in an interview with the Registrar to assess whether the applicant meets the criteria for registration in the Full Medical Register.

 

       (3)    The following are the criteria a person is required to meet for registration in the Full Medical Register:

 

                (a)    they are

 

                         (i)     a graduate of a medical university or school that meets criteria approved by Council,

 

                         (ii)    a licentiate of the Medical Council of Canada, and an acceptable alternative as determined by resolution of Council, and

Subclause 19(3)(a)(ii) amended: O.I.C. 2015-26, N.S. Reg 18/2015.

 

                         (iii)   1 of the following:

 

                                  (A)   a person who has attained certification with the College of Family Physicians of Canada,

 

                                  (B)   a pre-1993 licentiate of the Medical Council of Canada who has completed a rotating internship approved by the Registrar,

 

                                  (C)   a certificant of the Royal College of Physicians and Surgeons of Canada,

 

                                  (D)   a person who holds a current defined licence who has met the requirements set out in a policy approved by Council;

 

                (b)    they have a Medical Identification Number for Canada, or provide written consent to permit the College to obtain a Medical Identification Number for Canada for the applicant;

 

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

 

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

 

                (e)    they have medical liability protection, malpractice insurance or other form of indemnity in the manner and amount required by the Registrar;

 

                (f)    they are participating satisfactorily in the continuing professional development program;

 

                (g)    they are not prohibited or restricted from practising medicine 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 medicine;

 

                (i)     for an applicant who has been absent from clinical practice or wishes to change the scope of their practice, they comply with Section 16.


Full Medical Register and licence—notification of approval and review of decision

20   (1)    When an application for registration in the Full Medical Register is approved, the Registrar must notify the applicant of the approval.

 

       (2)    An applicant for registration in the Full Register or for a full licence or renewal of a full licence whose application is denied by the Registrar may request an internal review of the decision in accordance with Section 67.


Full licence—criteria

21   The criteria for a full licence are as set out in subsection 19(3) for registration in the Full Medical Register.


Full licence—permitted activities

22   A full licence holder is permitted to do all of the following:

 

                (a)    practise medicine in accordance with the Act, the regulations and the bylaws;

 

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

 

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

 

                (d)    attend and participate in annual or special meetings of the College;

 

                (e)    vote at an annual or special meeting of the College;

 

                (f)    receive copies of official College publications.


Full licence—term

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

 

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

 

                (a)    the licence is suspended or revoked;

 

                (b)    the licensee’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 full licence;

 

                (e)    the licence is surrendered in accordance with Section 20 of the Act.


Full licence—application and criteria for renewing

24   (1)    A member applying to renew a full licence must submit a completed application on a form prescribed by the Registrar together with all of the following:

 

                (a)    payment of the applicable fee, within the time determined by the Registrar;

 

                (b)    proof satisfactory to the Registrar that the member

 

                         (i)     continues to meet the criteria set out in clauses 19(3)(d) to (i), and

 

                         (ii)    meets the renewal criteria in clause (2)(b);

 

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

 

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

 

                (a)    they continue to meet the criteria for registration set out in clauses 19(3)(a) to (i);

 

                (b)    they are in compliance with or have made arrangements to comply with the requirements of any practice assessment program they are selected to participate in.


Education Register


Education Register—criteria for registration

25   (1)    Except as provided in Section 26 for a student member, an applicant for registration in the Education Register must meet all of the following criteria:

 

                (a)    they have graduated from a medical university or school that meets criteria approved by the Council;

 

                (b)    they have passed the required examinations and assessments as set out in a policy approved by Council;

 

                (c)    they are protected by medical liability protection, malpractice insurance or other form of indemnity in the manner and amount required by the Registrar;

 

                (d)    they have a Medical Identification Number for Canada;

 

                (e)    they have demonstrated proficiency in the English language as required by the Registrar;

 

                (f)    other than by conditions or restrictions imposed on a licence, they are not prohibited or restricted from practising medicine through the decision of any adjudicating body, through voluntary agreement or otherwise;

 

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

 

                (h)    criteria for 1 of the following:

 

                         (i)     entry on the undergraduate medical-education student list in Section 25,

 

                         (ii)    a post-graduate training licence in Section 28,

 

                         (iii)   a post-graduate practising licence in Section 32,

 

                         (iv)   a clinical assessment licence in Section 36.

 

       (2)    An applicant for registration in the Education Register and issuance or renewal of a any licence listed in clause (1)(h) who objects to any conditions or restrictions imposed on their licence by the Registrar under subsection 14(2) may request the decision be referred to the Registration Committee under Section 15.

 

       (3)    An applicant for registration in the Education Register and issuance or renewal of any licence listed in clause (1)(h) whose application is denied by the Registrar under Section 14 may request an internal review of the decision in accordance with Section 67.


Undergraduate medical-education student list—application and criteria

26   (1)    A student applying to have their name entered on the undergraduate medical-education student list must submit a completed application in a form prescribed by the Registrar together with all of the following:

 

                (a)    payment of the applicable fee;

 

                (b)    proof satisfactory to the Registrar that the applicant meets the criteria in subsection (2);

 

                (c)    any additional information the Registrar requires to assess whether the applicant meets the criteria required for entry in the list.

 

       (2)    All of the following are the criteria an applicant must meet for entry on the undergraduate medical-education student list:

 

                (a)    they meet the registration criterion for indemnity in clause 25(1)(c);

Clause 26(2)(a) amended: O.I.C. 2015-26, N.S. Reg 18/2015.

 

                (b)    they are enrolled in an undergraduate medical-education program approved by Council;

 

                (c)    they have approval from the Faculty of Medicine at Dalhousie University, to engage in clinical education in the practice of medicine in the Province.

 

       (3)    On receiving the information required by subsection (1), the Registrar must consider the application and enter the person’s name on the undergraduate medical-education student list if they meet the criteria for entry in subsection (2).

 

       (4)    If an applicant does not meet the criteria in subsection (2) and the Registrar denies their application, the Registrar must notify the applicant by

 

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

 

                (b)    informing the applicant of the internal review process set out in Part 3, as required by Section 19 of the Act.

 

       (5)    The Registrar must maintain a list of the undergraduate medical-education students who meet the criteria for the list that includes all of the following for each student:

 

                (a)    name;

 

                (b)    Medical Identification Number for Canada, if available;

 

                (c)    expected year of graduation.

 

       (6)    The Registrar must remove the name of a student who no longer meets the criteria in subsection (1) from the undergraduate medical-education student list and from the Education Register.


Undergraduate medical-education student list—permitted activities

27   A person whose name is entered on the undergraduate medical-education student list is authorized to engage in clinical training, to the extent required by the undergraduate medical-education program, that is

 

                (a)    justified by the competence and experience of the student; and

 

                (b)    supervised by a supervisor approved by the Faculty of Medicine at Dalhousie University.


Post-graduate training licence—application and criteria

28   (1)    An applicant for a post-graduate training licence must submit a completed application on a form prescribed by the Registrar together with all of the following:

 

                (a)    payment of the applicable fee;

 

                (b)    proof satisfactory to the Registrar that the applicant meets all of the criteria subsection (2);

 

                (c)    if currently or previously registered or licensed in another jurisdiction, certificates of professional conduct from any of the jurisdictions, as required by the Registrar.

 

       (2)    All of the following are the criteria an applicant must meet for a post-graduate training licence:

 

                (a)    they meet all of the registration criteria for the Education Register in clauses 25(1)(a) to (g);

Clause 28(2)(a) amended: O.I.C. 2015-26, N.S. Reg 18/2015.

 

                (b)    they are

 

                         (i)     enrolled in a post-graduate training program approved by the Registrar and are required to engage in clinical training in the practice of medicine to the extent required by the post-graduate training program, or

 

                         (ii)    participating in a clinical traineeship approved by the Registrar.


Post-graduate training licence—permitted activities

29   A post-graduate training licence holder is permitted to do all of the following:

 

                (a)    engage in clinical training in the practice of medicine

 

                         (i)     to the extent that is justified by their competence and experience,

 

                         (ii)    only as required by their post-graduate training program or clinical traineeship,

 

                         (iii)   within any conditions or restrictions imposed on their licence,

 

                         (iv)   for a licensee enrolled in a post-graduate training program, supervised by a supervisor approved by the post-graduate training program;

 

                (b)    receive copies of official College publications;

 

                (c)    attend and participate in annual or special meetings of the College as a non-voting member.


Post-graduate training licence—term

30   (1)    Except as provided in subsection (2), a post-graduate training licence remains in effect until the date specified on the licence.

 

       (2)    A post-graduate training licence ceases to be valid if any of the following occurs:

 

                (a)    the licence is suspended or revoked;

 

                (b)    the licensee’s registration is revoked;

 

                (c)    the member fails to continue to meet the criteria for a post-graduate training licence;

 

                (d)    the licence is surrendered in accordance with Section 20 of the Act.


Post-graduate training licence—application and criteria for renewing

31   (1)    A member applying to renew a post-graduate training licence must submit a completed application on a form prescribed by the Registrar together with all of the following:

 

                (a)    payment of the applicable fee, within the time determined by the Registrar;

 

                (b)    proof satisfactory to the Registrar that the member continues to meet the criteria required by clauses 25(1)(e) to (g) and clause 28(2)(b).

Clause 31(1)(b) amended: O.I.C. 2015-26, N.S. Reg 18/2015.

 

       (2)    A member applying to renew a post-graduate training licence must meet all of the criteria for a post-graduate training licence in Section 28.


Post-graduate practising licence—application and criteria

32   (1)    An applicant for a post-graduate practising licence must submit a completed application on a form prescribed by the Registrar together with all of the following:

 

                (a)    payment of the applicable fee, within the time determined by the Registrar;

 

                (b)    proof satisfactory to the Registrar that the member meets the criteria in subsection (2);

 

                (c)    if currently or previously registered or licensed in another jurisdiction, satisfactory certificates of professional conduct from any of the jurisdictions, as required by the Registrar.

 

       (2)    All of the following are the criteria an applicant must meet for a post-graduate practising licence:

 

                (a)    they hold a post-graduate training licence;

 

                (b)    they are a Canadian citizen or legally entitled to work in Canada;

 

 

                (c)    they have the approval of the program director of the post-graduate training program in which the applicant is enrolled to permit the applicant to practise medicine outside the requirements of the post-graduate training program;

 

                (d)    they have supervision in place from a supervisor approved by the Registrar.


Post-graduate practising licence—permitted activities

33   A post-graduate practising licence holder is permitted to do all of the following:

 

                (a)    practise medicine

 

                         (i)     to the extent that is justified by their competence and experience,

 

                         (ii)    within any conditions or restrictions imposed on their licence,

 

                         (iii)   under the supervision of a supervisor approved by the Registrar;

 

                (b)    receive copies of official College publications.


Post-graduate practising licence—term

34   (1)    Except as provided in subsection (2), a post-graduate practising licence remains in effect for the academic year in which it is issued.

 

       (2)    A post-graduate practising licence ceases to be valid if any of the following occur:

 

                (a)    the licence is suspended or revoked;

 

                (b)    the licensee’s registration is revoked;

 

                (c)    appropriate supervision is no longer available;

 

                (d)    the program director of the post-graduate training program withdraws their approval for post-graduate practising;

 

                (e)    the member fails to continue to meet the criteria for a post-graduate practising licence;

 

                (f)    the licence is surrendered in accordance with Section 20 of the Act.


Post-graduate practising licence—application and criteria for renewing

35   (1)    A member applying to renew a post-graduate practising licence must submit a completed application on a form prescribed by the Registrar together with all of the following:

 

                (a)    payment of the applicable fee, within the time determined by the Registrar;

 

                (b)    proof satisfactory to the Registrar that the applicant continues to meet

 

                         (i)     the criteria for a post-graduate training licence required by clause 28(2)(a) and specified in clauses 25(1)(c) to (g), and

Subclause 35(1)(b)(i) amended: O.I.C. 2015-26, N.S. Reg 18/2015.

                          

                         (ii)     the criteria in clauses 28(2)(b) to (e);

 

                (c)    if currently or previously registered or licensed in another jurisdiction, certificates of professional conduct from any of the jurisdictions, as required by the Registrar.

 

       (2)    A member applying to renew a post-graduate practising licence must meet all of the criteria for a post-graduate practising licence.


Clinical assessment licence—application and criteria

36   (1)    An applicant for a clinical assessment licence must submit a completed application on a form prescribed by the Registrar together with all of the following:

 

                (a)    payment of the applicable fee, within the time determined by the Registrar;

 

                (b)    proof satisfactory to the Registrar that the applicant meets the criteria in subsection (2);

 

                (c)    if currently or previously registered or licensed in another jurisdiction, certificates of professional conduct from any of the jurisdictions, as required by the Registrar.

 

       (2)    All of the following are the criteria an applicant must meet for a clinical assessment licence:

 

                (a)    they must meet all of the registration criteria for the Education Register in clauses 25(1)(a) to (g);

Clause 36(2)(a) amended: O.I.C. 2015-26, N.S. Reg 18/2015.

 

                (b)    they are engaged in a competence assessment approved by the Registrar.


Clinical assessment licence—permitted activities

37   A clinical assessment licence holder is permitted to do all of the following:

 

                (a)    practise medicine

 

                         (i)     only as required for the competence assessment,

 

                         (ii)    to the extent that is justified by their competence and experience,

 

                         (iii)   within any conditions or restrictions imposed on their licence,

 

                         (iv)   under the supervision of a supervisor approved by the Registrar;

 

                (b)    receive copies of official College publications;

 

                (c)    attend and participate in annual or special meetings of the College as a non-voting member.


Clinical assessment licence—term

38   (1)    Except as provided in subsection (2), a clinical assessment licence remains in effect until the date specified on the licence.

 

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

 

                (a)    the licence is suspended or revoked;

 

                (b)    the licensee’s registration is revoked;

 

                (c)    the member fails to continue to meet the criteria for a clinical assessment licence;

 

                (d)    the clinical assessment is terminated;

 

                (e)    the clinical assessment is successfully completed;

 

                (f)    another licence is issued to the member;

 

                (g)    the licence is surrendered in accordance with Section 20 of the Act.


Conditional Register


Conditional Register—criteria for registration

39   (1)    Except as provided in Section 46 for a temporary licence and Section 59 for a restricted licence, an applicant for registration on the Conditional Register must meet all of the following criteria:

 

                (a)    they have graduated from a medical university or school that meets criteria approved by Council;

 

                (b)    they have passed the examinations and assessments, and hold any required certifications, as set out in a policy approved by Council;

 

                (c)    they have a Medical Identification Number for Canada;

 

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

 

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

 

                (f)    they have medical liability protection, malpractice insurance or other form of indemnity in the manner and amount required by the Registrar;

 

                (g)    they are participating satisfactorily in the continuing professional development program;

 

                (h)    other than by conditions or restrictions imposed on a licence, they are not prohibited or restricted from practising medicine through the decision of any adjudicating body or through voluntary agreement or otherwise;

 

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

 

                (j)     for an applicant who has been absent from clinical practice or wishes to change the scope of their practice, they comply with Section 16;

 

                (k)    they meet the criteria for 1 of the following licences:

 

                         (i)     defined licence,

 

                         (ii)    temporary licence,

 

                         (iii)   clinical assistant licence,

 

                         (iv)   academic licence,

 

                         (v)    restricted licence.

 

       (2)    An applicant for registration in the Conditional Register and issuance or renewal of any licence listed in subclauses (1)(k)(i) to (iv) who objects to any conditions or restrictions imposed on their licence by the Registrar under subsection 14(2) may request the decision be referred to the Registration Committee under Section 15.

 

       (3)    An applicant for registration in the Conditional Register and issuance or renewal of any licence listed in subclauses (1)(k)(i) to (iv) whose application is denied by the Registrar under Section 14 may request an internal review of the decision in accordance with Section 67.


Defined licence—application and criteria

40   (1)    An applicant for a defined licence must submit a completed application in the form prescribed by the Registrar together with all of the following:

 

                (a)    payment of the prescribed application fee;

 

                (b)    proof satisfactory to the Registrar that the applicant

 

                         (i)     meets all of the registration criteria for the Conditional Register in clauses 39(1)(a) to (j), and

Subclause 40(1)(b)(i) amended: O.I.C. 2015-26, N.S. Reg 18/2015.

 

                         (ii)    meets all of the licence criteria in subsection (2);

 

                (c)    if they are currently or previously registered or licensed in another jurisdiction, certificates of professional conduct from any of the jurisdictions, as required by the Registrar.

 

       (2)    All of the following are the criteria that must be met for a defined licence:

 

                (a)    they meet all of the registration criteria for the Conditional Register in clauses 39(1)(a) to (j);

Clause 40(2)(a) amended: O.I.C. 2015-26, N.S. Reg 18/2015.

 

                (b)    they have a sponsor who meets the requirements in Section 44;

 

                (c)    they have a supervisor who meets the requirements in Section 45;

 

                (d)    they meet any additional criteria considered necessary by the Registrar.


Defined licence—permitted activities

41   A defined licence holder is permitted to do all of the following:

 

                (a)    practise medicine

 

                         (i)     in accordance with the Act, these regulations and the bylaws,

 

                         (ii)    within the conditions and restrictions of their licence, including any conditions determined by their sponsor,

 

                         (iii)   within the geographic location determined by their sponsor;

 

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

 

                (c)    vote at annual or special meetings of the College;

 

                (d)    if elected to the Council, hold office;

 

                (e)    receive copies of official College publications;

 

                (f)    attend and participate in annual or special meetings of the College.


Defined licence—term

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

 

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

 

                (a)    the licence is suspended or revoked;

 

                (b)    the licensee’s registration is revoked;

 

                (c)    the sponsor or supervisor withdraws as sponsor or supervisor;

 

                (d)    the licensee fails to comply with the conditions or restrictions of their licence;

 

                (e)    the defined licence is replaced by another licence;

 

                (f)    the licensee fails to continue to meet the criteria for a defined licence;

 

                (g)    the licence is surrendered in accordance with Section 20 of the Act.


Defined licence—application and criteria for renewing

43   (1)    A member applying to renew a defined licence must submit a completed application on a form prescribed by the Registrar together with all of the following:

 

                (a)    payment of the applicable fee, within the time determined by the Registrar;

 

                (b)    proof satisfactory to the Registrar that the member

 

                         (i)     continues to meet all of the registration criteria for the Conditional Register in clauses 39(1)(a) to (j) and the licence criteria in subsection 40(2), and

Subclause 43(1)(b)(i) amended: O.I.C. 2015-26, N.S. Reg 18/2015.

 

                         (ii)    meets the renewal criteria in clauses (2)(b) and (c);

 

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

 

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

 

                (a)    all of the criteria for a defined licence;

 

                (b)    they are in compliance with or have made arrangements to comply with the requirements of any practice assessment program they are selected to participate in;

 

                (c)    they meet the requirements of subsection (3).

 

       (3)    A defined licence may only be renewed for a maximum number of years, as determined by a policy approved by Council, in accordance with requirements set out in the policy.


Defined licence—sponsor of holder

44   (1)    A sponsor of a defined licence holder must meet all of the following criteria:

 

                (a)    they must be registered in the Full Medical Register and hold a full licence;

 

                (b)    unless otherwise approved by the Registrar, they must hold a senior position in the health authority in which the supervised licensee will be practising;

 

                (c)    they must be approved by the Registrar;

 

       (2)    A sponsor of a defined licence holder must do all of the following:

 

                (a)    arrange for and approve, in writing, the supervisor required by clause 40(2)(c);

 

                (b)    report to the Registrar in writing on the supervised licensee’s performance on a yearly basis, or as considered necessary by the Registrar;

 

                (c)    notify the Registrar immediately if

 

                         (i)     there are any concerns about the supervised licensee’s practice, or

                          

                         (ii)     the supervised licensee ceases to practise within the health authority.

Subclause 44(2)(c)(ii) amended: O.I.C. 2015-26, N.S. Reg 18/2015.

 

       (3)    A sponsor of a defined licence holder may not withdraw as their sponsor without consulting the Registrar and giving adequate notice, as determined by the Registrar, to both the Registrar and the licensee.


Defined licence—supervisor of holder

45   (1)    A supervisor of a defined licence holder must meet all of the following criteria:

 

                (a)    they must hold 1 of the following licences:

Clause 45(1)(a) amended: N.S. Reg O.I.C. 2015-26, 18/2015.

 

                         (i)     full licence,

 

                         (ii)    academic licence,

 

                         (iii)   defined licence, and no longer require supervision;

 

                (b)    unless otherwise approved by the Registrar, they must be engaged in a scope of practice similar to the supervised licensee;

 

                (c)    unless otherwise approved by the Registrar, they must practice medicine in the same geographic area as the supervised licensee, as determined by the Registrar;

 

                (d)    they must be approved in writing as a supervisor by the supervised licensee’s sponsor and the Registrar.

 

       (2)    A supervisor of a defined licence holder must do all of the following:

 

                (a)    they must report on the supervised licensee’s performance to

 

                         (i)     the licensee’s sponsor, as required by the sponsor, and

 

                         (ii)    the Registrar, as required by the Registrar;

 

                (b)    they must notify the Registrar immediately if

 

                         (i)     there are any concerns about the supervised licensee’s practice, or

 

                         (ii)    the supervised licensee ceases to practise within the health authority.

Subclause 45(2)(b)(ii) amended: O.I.C. 2015-26, N.S. Reg 18/2015.

 

       (3)    A supervisor of a defined licence holder may not withdraw as their supervisor without consulting the Registrar and giving adequate notice, as determined by the Registrar, to both the Registrar and the licensee.


Temporary licence—application and criteria

46   (1)    An applicant for a temporary licence must submit a completed an application in the form prescribed by the Registrar together with all of the following:

 

                (a)    payment of the prescribed application fee;

 

                (b)    proof satisfactory to the Registrar that the applicant

 

                         (i)     meets all of the criteria in subsection (2), and

 

                         (ii)    intends to practise medicine in the Province for a limited time period.

 

       (2)    The criteria for a temporary licence are as set out in subsection 19(3) for registration in the Full Medical Register.


Temporary licence—permitted activities

47   A temporary licence holder is permitted to do all of the following:

 

                (a)    practise medicine

 

                         (i)     in accordance with the Act, the regulations and the bylaws,

 

                         (ii)    within the conditions and restrictions of their licence, and

 

                         (iii)   for the period of time specified on their licence;

 

                (b)    receive copies of official College publications;

 

                (c)    attend and participate in annual or special meetings of the College as non-voting members.


Temporary licence—term

48   (1)    Except as provided in subsection (2), a 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 Registrar under this Section.

 

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

 

                (a)    the licence is suspended or revoked;

 

                (b)    the licensee’s registration is revoked;

 

                (c)    the member fails to continue to meet the criteria for a temporary licence;

 

                (d)    the licence has been replaced by another licence;

 

                (e)    the licence is surrendered in accordance with Section 20 of the Act.

 

       (3)    A temporary licence holder may apply to the Registrar for an extension to the term of their licence.

 

 

       (4)    If the Registrar considers it appropriate, the Registrar 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 subsection 46(2).

 

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


Clinical assistant licence—application and criteria

49   (1)    An applicant for a clinical assistant licence must submit a completed application on a form prescribed by the Registrar together with all of the following:

 

                (a)    payment of the applicable fee;

 

                (b)    proof satisfactory to the Registrar that the applicant meets all of the criteria subsection (2);

 

                (c)    if currently or previously registered or licensed in another jurisdiction, certificates of professional conduct from any of the jurisdictions, as required by the Registrar.

 

       (2)    All of the following are the criteria an applicant must meet for a clinical assistance licence:

 

                (a)    they meet all of the registration criteria for the Conditional Register in clauses 39(1)(a) to (j);

Clause 49(2)(a) amended: O.I.C. 2015-26, N.S. Reg 18/2015.

 

                (b)    they have a sponsor who meets the requirements of Section 53;

 

                (c)    they have appropriate supervision in place in accordance with the requirements in clause 53(2)(a).


Clinical assistant licence—permitted activities

50   A clinical assistant licence holder is permitted to do all of the following:

 

                (a)    practise medicine

 

                         (i)     within the scope of practice approved by the College,

 

                         (ii)    under the supervision of a medical practitioner, as set out in clause 53(2)(a), and

 

                         (iii)   within the conditions and restrictions of their licence;

 

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

 

                (c)    vote at annual or special meetings of the College;

 

                (d)    if elected to the Council, hold office;

 

                (e)    receive copies of official College publications;

 

                (f)    attend and participate in annual or special meetings of the College.


Clinical assistant licence—term

51   (1)    Except as provided in subsection (2), a clinical assistant licence remains in effect until the date it expires.

 

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

 

                (a)    the licence is suspended or revoked;

 

                (b)    the licensee’s registration is revoked;

 

                (c)    the member fails to continue to meet the criteria for a conditional licence;

 

                (d)    the licence is replaced by another licence;

 

                (e)    there is no longer an approved sponsor;

 

                (f)    the licence is surrendered in accordance with Section 20 of the Act.


Clinical assistant licence—application and criteria for renewing

52   (1)    A member applying to renew a clinical assistant licence must submit a completed application on a form prescribed by the Registrar together with all of the following:

 

                (a)    payment of the applicable fee, within the time determined by the Registrar;

 

                (b)    proof satisfactory to the Registrar that the member continues to meet the criteria for a clinical practice licence required by

 

                         (i)     clause 49(2)(a) and specified in clauses 39(1)(d) to (j), and

Subclause 52(1)(b)(i) amended: O.I.C. 2015-26, N.S. Reg 18/2015.

 

                         (ii)    clauses 49(2)(b) and (c).

 

       (2)    A member applying to renew a clinical assistant licence must meet all of the criteria for a clinical assistant licence.


Clinical assistant licence—sponsor of holder

53   (1)    A sponsor of a clinical assistant licence holder must meet all of the following criteria:

 

                (a)    they must be a member who holds a full licence or academic licence;

 

                (b)    unless otherwise approved by the Registrar, they must be a department head at the facility where the clinical assistant will be practising.

 

       (2)    A sponsor of a clinical assistant licence holder must do all of the following:

 

                (a)    appoint a member, or members, who meets the criteria in Section 54 to act as the supervisor required by clause 49(2)(c);

 

                (b)    report to the Registrar in writing on the supervised licensee’s performance on a yearly basis, or as considered necessary by the Registrar;

 

                (c)    notify the Registrar immediately if

 

                         (i)     there are any concerns about the supervised licensee’s practice, or

 

                         (ii)    the supervised licensee ceases to practise within the facility.

Subclause 53(2)(c)(ii) amended: O.I.C. 2015-26, N.S. Reg 18/2015.

 

       (3)    A sponsor of a clinical assistant licence holder may not withdraw as their sponsor without consulting the Registrar and giving adequate notice, as determined by the Registrar, to both the Registrar and the licensee.


Clinical assistant licence—supervisor of licensee

54   (1)    A supervisor of a clinical assistant licence holder must hold 1 of the following licences:

 

                (a)    full licence;

 

                (b)    defined licence;

 

                (c)    academic licence.

 

       (2)    A supervisor of a clinical assistant licence holder must do all of the following:

 

                (a)    they must report on the supervised licensee’s performance to

 

                         (i)     the licensee’s sponsor, as required by the sponsor, and

 

                         (ii)    the Registrar, as required by the Registrar;

 

                (b)    they must notify the Registrar immediately if

 

                         (i)     there are any concerns about the supervised licensee’s practice, or

 

                         (ii)    the supervised licensee ceases to practise within the health authority.

Subclause 54(2)(b)(ii) amended: O.I.C. 2015-26, N.S. Reg 18/2015.

 

       (3)    A supervisor of a clinical assistant licence holder may not withdraw as their supervisor without consulting the Registrar and giving adequate notice, as determined by the Registrar, to both the Registrar and the licensee.


Academic licence—application and criteria

55   (1)    An applicant for an academic licence must submit a completed application on a form prescribed by the Registrar together with all of the following:

 

                (a)    payment of the applicable fee;

 

                (b)    proof satisfactory to the Registrar that the applicant meets all of the criteria in subsection (2);

 

                (c)    if currently or previously registered or licensed in another jurisdiction, certificates of professional conduct from any of the jurisdictions, as required by the Registrar.

 

       (2)    All of the following are the criteria an applicant must meet for an academic licence:

 

                (a)    they meet all of the registration criteria for the Conditional Register in clauses 39(1)(a) to (j);

Clause 55(2)(a) amended: O.I.C. 2015-26, N.S. Reg 18/2015.

 

                (b)    they are not eligible for a full licence or a defined licence;

 

                (c)    they are a member of the Faculty of Medicine of Dalhousie University, as evidenced by a letter from the Dean of the Faculty of Medicine;

 

                (d)    they are recommended for an academic licence by the Dean of the Faculty of Medicine at Dalhousie University;

 

                (e)    they have training in a specialty comparable to that leading to certification by the Royal College of Physicians and Surgeons of Canada or the College of Family Physicians of Canada, as approved by the Registrar.


Academic licence—permitted activities

56   An academic licence holder is permitted to do all of the following:

 

                (a)    practise medicine

 

                         (i)     in accordance with the Act, the regulations and the bylaws,

 

                         (ii)    within the conditions and restrictions of their licence, and

 

                         (iii)   within their duties as a member of the Faculty of Medicine, Dalhousie University;

 

                (b)    if elected to the Council, hold office;

 

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

 

                (d)    vote at annual or special meetings of the College;

 

                (e)    receive copies of official College publications;

 

                (f)    attend and participate in annual or special meetings of the College.


Academic licence—term

57   (1)    Except as provided in subsection (2), an academic licence remains in effect until the end of the calendar year in which it is issued or an earlier date specified on the licence.

 

       (2)    An academic licence ceases to be valid if any of the following occur:

 

                (a)    the licence is suspended or revoked;

 

                (b)    the licensee’s registration is revoked;

 

                (c)    the licensee fails to continue to meet the criteria for an academic licence;

 

                (d)    the licence is replaced by a defined licence or a full licence;

 

                (e)    the licence is surrendered in accordance with Section 20 of the Act.


Academic licence—application and criteria for renewing

58   (1)    A member applying to renew an academic licence must submit a completed application on a form prescribed by the Registrar together with all of the following:

 

                (a)    payment of the applicable fee, within the time determined by the Registrar;

 

                (b)    proof satisfactory to the Registrar that the member

 

                         (i)     continues to meet the criteria in clauses 39(1)(e) to (j), as required by clause 55(2)(a), and

Subclause 58(1)(b)(i) amended: O.I.C. 2015-26, N.S. Reg 18/2015.

 

                         (ii)    meets the renewal criteria in subsection (2)(b);

 

                (c)    if currently or previously registered or licensed in another jurisdiction, certificates of professional conduct from any of the jurisdictions, as required by the Registrar.

 

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

 

                (a)    they must meet all of the criteria for an academic licence in subsection 55(2);

 

                (b)    they are in compliance with or have made arrangements to comply with the requirements of any practice assessment program they are selected to participate in.


Restricted licence—criteria

59   (1)    An applicant or member meets the criteria for a restricted licence if they meet both of the following criteria:

 

                (a)    conditions or restrictions have been imposed

 

                         (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, on their full licence; and

 

                (b)    they meet the criteria for a full licence except as follows:

 

                         (i)     they do not meet the criterion in clause 19(3)(g) respecting not being prohibited or restricted from practising medicine, or

 

                         (ii)    they do not meet 1 or more of the criteria in subsection 19(3), but the Registrar determines that urgent or other circumstances exist to dispense with the criteria;

 

       (2)    To be issued a restricted licence, a member must submit payment of the applicable fee.


Restricted licence—permitted activities

60   A restricted licence holder is permitted to engage in the same activities as a full licence holder, subject to the conditions and restrictions imposed on their licence.


Restricted licence—term

61   (1)    Except as provided in subsection (2), a restricted licence remains in effect until the end of the calendar year in which it is issued, or another date specified by the Registrar.

 

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

 

                (a)    the licence is suspended or revoked;

 

                (b)    the licensee’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 Section 20 of the Act.


Restricted licence—application and criteria for renewing

62   A member applying to renew a restricted licence must continue to meet the criteria for a restricted licence in subsection 59(1) and provide proof satisfactory to the Registrar that they continue to meet the criteria.


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

63   Conditions or restrictions agreed upon or ordered by an investigation committee or a hearing committee cannot be reviewed or appealed when applying for a renewal of a restricted licence under Section 62, and an investigation committee or hearing committee retains jurisdiction over any conditions or restrictions imposed by it.


Part 3: Review and Appeal of Registration and Licensing Decisions


Definitions for Part 3

64   In this Part,

 

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

 

“hearing” means a hearing before the Registration Appeal Committee.


Internal Review Process


Selection of internal review subcommittee

65   (1)    The Registration Committee must establish an internal review subcommittee composed of at least 3 and, except as provided in subsection (2), no more than 5 members of the Registration Committee, at least 1 of whom must be a public representative.

 

       (2)    The Registration Committee may appoint additional members to the internal review subcommittee, if the committee considers it necessary.

 

       (3)    The Registration Committee must appoint 1 member of the internal review subcommittee to act as chair of the subcommittee.

 

       (4)    The internal review process must be conducted by the internal review subcommittee.

 

       (5)    A quorum of the internal review subcommittee consists of any 3 members of the internal review subcommittee.


Internal review process

66   (1)    Any decision of the Registrar to deny registration or refuse to issue or renew a licence may be reviewed under the internal review process.

 

       (2)    A person requesting an internal review must pay the applicable fee for internal review.

 

       (3)    The fee paid under subsection (2) must be refunded to the applicant if the internal review results in the granting of registration or the issuing of a licence.


Request for internal review

67   (1)    A request for an internal review must be made to the Registrar in writing no later than 30 days after the date the Registrar’s decision was sent to the applicant.

 

       (2)    The Registrar must refer a request for internal review to the chair of the internal review subcommittee.


Information provided to subcommittee and applicant

68   No later than 30 days after receiving a request for an internal review, the Registrar must provide the internal review subcommittee and applicant with all of the following:

 

                (a)    a copy of the written decision under review;

 

                (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.


New information and submissions of the applicant

69   (1)    An applicant may provide new information and make written submissions to the internal review subcommittee

 

                (a)    up to 10 business days after receiving information under Section 68; or

 

                (b)    if requested by the applicant, within a longer time period permitted by the internal review subcommittee.

 

       (2)    New information and written submissions provided under subsection (1) must be copied to the Registrar.


Subcommittee may decide without meeting applicant

70   An internal review subcommittee may decide any matter without meeting in person with the applicant.


Decision of internal review subcommittee

71   (1)    An internal review subcommittee must review all material and submissions provided to it and may make any decision that the Registrar could have made with respect to an application.

 

       (2)    An internal review subcommittee must make its decision no later than a reasonable time and must render a written decision with reasons no later than 30 days following the time the subcommittee makes its decision.


Decision of internal review subcommittee final

72   A decision of an internal review subcommittee is final.


Registration Appeal Committee


Appeals to be heard by Registration Appeal Committee

73   (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)    If an agreement is reached under the Regulated Health Professions Network Act to hold an appeal under that Act, the provisions of the Regulated Health Professions Network Act apply.


Request for appeal

74   (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

75   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

76   (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.


Costs of appeal

77   Other than a refund of the fee paid under subsection 66(2) and security paid under subsection 76(1), an applicant is not entitled to any costs for an appeal.


Powers of the Registration Appeal Committee

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

 

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

 

                (b)    ordering that a hearing, parts of a hearing or pre-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

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


Notice of appeal hearing to applicant

80   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 hearing before Registration Appeal Committee

81   (1)    The parties to a hearing are the College and the applicant.

 

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

 

                (a)    representation by legal counsel;

 

                (b)    if the 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 a hearing.

 

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


Evidence at hearing

82   (1)    Except as provided in subsection (2), none of the following evidence is admissible at a hearing unless the opposing party has been given the following at least 10 days before the date of the hearing:

Subsection 82(1) amended: O.I.C. 2015-26, N.S. Reg 18/2015.

 

                (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)    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 hearing

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


Conclusion of hearing

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

 

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

 

                 (b)    its review of the written evidence and written submissions, if no 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 76(1).

 

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

 

                (a)    expenses incurred by the College in the application process;

 

                (b)    expenses incurred by the College for the activities of the Registration Appeal Committee;

 

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

 

                (d)    fees for retaining a court reporter and preparing transcripts of the proceedings;

 

                (e)    travel costs and reasonable expenses of any witnesses, including expert witnesses, required to appear for the appeal.


Decision of Registration Appeal Committee is final

85   A decision of the Registration Appeal Committee is final.


Part 4: Professional Conduct Process


Definitions for this Part

86   In this Part,

 

“hearing” means a hearing before a hearing committee.


Initiating and Investigating Complaint


Member referred by Registrar for assessment for incapacity

87   (1)    On receiving information, other than a complaint, that suggests a member may be incapacitated, the Registrar may, if the member agrees, refer the member for an assessment for incapacity.

 

       (2)    If an assessment under subsection (1) suggests incapacity, the Registrar may refer the matter for remediation as agreed upon between the member and the Registrar.

 

       (3)    The Registrar may initiate a complaint against a member who

 

                (a)    does not agree to be referred for an assessment for incapacity under subsection (1); or

 

                (b)    the Registrar determines is not compliant with remediation agreed upon under subsection (2).


Preliminary investigation of complaint

88   (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)    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;

Clause 88(3)(c) amended: O.I.C. 2015-26, N.S. Reg 18/2015.

 

                (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)    under Section 121;

 

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

 

                (c)    by consent.


Resolution of complaint by Registrar

89   (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 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 caution;

 

                (b)    informally resolve the complaint if the Registrar considers that the complaint may be satisfactorily resolved consistent with the objects of the College;

 

                (c)    authorize the resignation of the member;

 

                (d)    if the member and the Registrar agree, refer the member for an assessment for incapacity and, if the assessment suggests incapacity, refer the matter for remediation as agreed upon between the member and the Registrar;

 

                (e)    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

90   (1)    No later than 30 days after a complainant is notified of a dismissal by the Registrar under clause 89(1)(a), the complainant may submit a written request to the Registrar for review of the dismissal by the independent review committee.

 

       (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 chair of the investigation pool.

 

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


Independent review committee

91   (1)    The independent review committee consists of all of the following, none of whom are members of Council:

 

                (a)    1 public representative;

 

                (b)    2 members of the investigation pool.

 

       (2)    A quorum of the independent review committee consists of the 3 persons appointed under subsection (1).

 

       (3)    All decisions of an independent review committee require the vote of a majority of the quorum of the committee.


Decision of independent review committee

92   (1)    After reviewing a complaint, any other material considered by the Registrar and the Registrar’s decision, an independent review committee may do any of the following:

 

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

 

                (b)    overturn the dismissal of some or all of the complaint and do both of the following:

 

                         (i)     order an investigation of any aspects of the complaint that have not been dismissed,

 

                         (ii)    refer the matter to be considered by an investigation committee under Section 95.

 

       (2)    An independent review committee must render its decision in writing, with reasons, and provide a copy of the decision to all of the following within a reasonable time:

 

                (a)    the Registrar;

 

                (b)    the complainant;

 

                (c)    the respondent.


Decision of independent review committee final

93   A decision of an independent review committee is final.


Referral for assessment for incapacity

94   (1)    If an assessment for incapacity agreed to under subsection 87(1) or clause 89(1)(d) cannot be resolved by way of agreement between the Registrar and the member, the matter must be referred to an investigation committee.

 

       (2)    If an assessment for incapacity agreed to under subsection 87(1) or clause 89(1)(d) is resolved by way of agreement between the Registrar and the member, the Registrar must advise the complainant of all of the following:

 

                (a)    that the matter has been resolved through remediation under subsection 87(1) or clause 89(1)(d), whichever is applicable;

 

                (b)    any conditions or restrictions placed on the member’s ability to practise that are also made available to the public by the Registrar;

Clause 94(2)(b) amended: O.I.C. 2015-26, N.S. Reg 18/2015.

 

                (c)    that if the member does not comply with the remedial resolution, the matter will be referred to an investigation committee for processing in accordance with the regulations.


Investigation Committees


Investigating complaint by investigation committee

95   (1)    If a matter has been referred to an investigation committee, the investigation committee may appoint an investigator to conduct or to further an investigation.

 

       (2)    When investigating a complaint under subsection (1), an investigator may do any 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)    investigate any matter relating to the respondent that arises in the course of the investigation in addition to the complaint, that may constitute any of the following:

 

                         (i)     professional misconduct,

 

                         (ii)    conduct unbecoming the profession,

 

                         (iii)   incompetence,

 

                         (iv)   incapacity.

 

       (3)    A respondent may submit any information relevant to the complaint to an investigator, including medical information or patient records.

 

       (4)    When an investigator has completed their investigation, they must prepare a report of the investigation and provide a copy of the investigation report to the investigation committee.


Additional information to investigation committee

96   (1)    During an investigation, an investigation committee may at any time direct an investigator to conduct any additional investigation that the investigation committee considers necessary.

 

       (2)    In addition to the report of the investigation, an investigation committee may receive any information relevant to the matters before it.

 

       (3)    An investigation committee may do any of the following during an investigation:

 

                (a)    provide direction with regard to the investigation;

 

                (b)    conduct some or all of the investigation;

 

                (c)    exercise any of the powers conferred upon it under the Act and these regulations.


New matters reviewed by investigation committee

97   If any matter in addition to a complaint is considered by an investigation committee, the matter is part of the same investigation and is subject to all the same procedural rules and rights as the initial complaint.


Dismissal of complaint by investigation committee

98   (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 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 caution.

 

       (2)    If the 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.

 

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


Disposition of complaint by investigation committee

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

 

       (2)    An investigation committee may require the respondent to produce any records or documents kept about the respondent’s practice.

 

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

 

                (a)    submit to physical or mental examinations by a qualified person or persons designated by an investigation committee, and authorize the reports from the examinations to be given to the 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)    submit to a competence assessment or other assessment or examination an investigation committee directs to determine whether the respondent is competent to practise, and authorize the assessment or examination report to be given to the investigation committee;

Clause 99(3)(c) amended: O.I.C. 2015-26, N.S. Reg 18/2015.

 

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

 

       (4)    Expenses incurred for a respondent to comply with a requirement under subsection (3) must initially be paid by the College, but may be awarded as costs against the respondent under the following circumstances:

 

                (a)    under Section 121;

 

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

 

                (c)    by consent.

 

       (5)    After providing the opportunity to appear before the 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)    informally resolve the complaint;

 

                (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)    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,

 

                                  (D)   incapacity, and

 

                         (ii)    warrants imposing a licensing sanction.

 

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

 

       (7)    If an investigation committee makes a determination under clause (4)(f), 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 agreement in accordance with Section 101.


Notification and disclosure of disposition

100 (1)    A licensing sanction imposed under clause 99(7)(a) must be published in accordance with subsection 118(2).

 

       (2)    If an investigation committee refers a matter to a hearing committee under clause 99(7)(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.


Settlement Agreements and Consent Revocation Agreements


Preparing and tendering settlement agreements

101 (1)    A proposed settlement agreement may be initiated in writing by the Registrar or the respondent at any time before a hearing begins.

 

       (2)    A proposed settlement agreement 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 agreement by an investigation committee and a hearing committee.

 

       (3)    A settlement agreement may include any disposition that could be ordered by a hearing committee under the Act or these regulations.

 

       (4)    If both the Registrar and the respondent agree with the content of a proposed settlement agreement, the Registrar must refer the settlement agreement to an investigation committee for consideration in accordance with Section 102.

 

       (5)    The Registrar and the respondent may agree to use a mediator to prepare a settlement agreement, and the costs for the mediator must be divided equally between the College and the respondent unless otherwise agreed.

 

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


Investigation committee recommendations on settlement agreement

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

 

                (a)    the public is protected;

 

                (b)    the 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;

 

                (c)    the content of the proposed settlement agreement provides sufficient facts and admissions to support the agreed disposition;

 

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

 

       (2)    If an investigation committee recommends acceptance of a settlement agreement, the investigation committee must refer the settlement agreement to the hearing committee for consideration in accordance with Section 103.

 

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

 

                (a)    recommend changes to the settlement agreement 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 agreement and refer the complaint considered by the investigation committee to a hearing committee for a hearing.


Hearing committee acceptance or rejection of settlement agreement

103 (1)    If a hearing committee accepts a settlement agreement, the settlement agreement forms part of the order of a hearing committee disposing of the matter and, except as provided in subsections 104(3) and (4) for breaches of the settlement agreement, there is no hearing.

 

       (2)    If a hearing committee does not accept a settlement agreement, it must do 1 of the following:

 

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

 

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

 

       (3)    If both the Registrar and the respondent do not agree with the amendments to a settlement agreement suggested under clause (2)(a), the settlement agreement is deemed to be rejected and the matter must be referred to another panel of the hearing committee for a hearing.

 

       (4)    If both the Registrar and the respondent agree with the amendments to a settlement agreement suggested under clause (2)(a), the settlement agreement must be approved by a hearing committee.

 

       (5)    A person who sits on a panel of a hearing committee that considers a settlement agreement must not sit on a panel of a hearing committee that conducts a hearing related to the same complaint.


Settlement agreements and hearings

104 (1)    If a settlement agreement is rejected by a hearing committee, a hearing must proceed without reference to the settlement agreement or any admissions contained in the settlement agreement 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 committee may be given a copy of any settlement agreements exchanged between the parties.

 

       (3)    An admitted breach by a respondent of any term in an accepted settlement agreement must be referred to a hearing committee for a hearing.

 

       (4)    An alleged breach by a respondent of any term in an accepted settlement agreement must be referred to an investigation committee as a Registrar’s complaint.


Consent revocation

105 (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)    the complaint; or

 

                (b)    the decision of an investigation committee under subsection 99(7).

 

       (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)    A hearing committee may accept or refuse a proposed consent revocation agreement submitted under subsection (1), 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 a hearing committee following a hearing, including disclosure and publication in accordance with Section 118.


Hearings


Notice of hearing

106 (1)    A notice of hearing must be served on the respondent in accordance with the Act.

 

       (2)    A notice of hearing must state all of the following:

 

                (a)    the details of the charges;

 

                (b)    that the respondent may be represented by legal counsel.


Amendment of notice of hearing

107 (1)    At any time before or during a hearing, a 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)   incompetence,

 

                         (iv)   incapacity.

 

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

 

       (3)    After receiving a respondent’s answer under subsection (2), a 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

108 Subject to any publication bans, the Registrar must give public notice of any scheduled hearings through the College’s website or by any alternate means the Registrar considers appropriate, including 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 109(2) to exclude the public.


Attendance at hearing and publication bans

109 (1)    Except as provided in subsections (2) or (3), a hearing is open to the public.

 

       (2)    At the request of a party, a hearing committee may order that the public, in whole or in part, be excluded from a hearing or any part of it if a 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.

 

       (3)    A 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 (2).

 

       (4)    A 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, in any decision rendered by a hearing committee, or with respect to any matter under subsection (2) or (3).

 

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

 

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


Hearing procedures

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

 

       (2)    A hearing committee may determine any additional rules of procedure for hearings that are not covered by the Act or these regulations.

 

       (3)    A hearing committee may exclude a complainant or any 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 solemn affirmation.

 

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

 

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

 

                (a)    submit to physical or mental examinations by a qualified person or persons designated by a hearing committee, and authorize examination reports to be given to the hearing committee;

 

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

 

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

Clause 110(6)(c) amended: O.I.C. 2015-26, N.S. Reg 18/2015.

 

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

 

       (7)    If a respondent fails to comply with a requirement under subsection (5), a hearing committee may order that the respondent’s licence be suspended until the respondent complies.

 

 

       (8)    Expenses incurred for a respondent to comply with a requirement under subsection (5) must be initially paid by the College, but may be awarded as costs against a respondent under Section 121.


Respondent fails to attend hearing

111 After receiving proof of service of the notice of hearing in accordance with Section 50 of the Act, a hearing committee may proceed with a hearing in a respondent’s absence and take any action authorized under the Act and these regulations without further notice to the respondent.


Subpoenaed witness fees

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


Recording evidence at hearing

113 (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 a 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

114 Evidence present to a hearing committee and information obtained by an investigation committee or an investigator for a complaint that has not been dismissed by the 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 committee

115 A hearing committee that finds professional misconduct, conduct unbecoming, incompetence or incapacity on the part of a respondent may dispose of the matter in any manner it considers appropriate, including doing 1 or more of the following, and must include orders for the action in the committee’s disposition of the matter:

 

                (a)    revoke the respondent’s registration or licence;

 

                (b)    for a respondent who held a 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 committee if registration is granted;

 

                (c)    authorize the respondent to resign their registration;

 

                (d)    suspend the respondent’s licence for a specified period of time;

 

                (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 a hearing committee 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 a hearing committee or any other committee established under the Act of the respondent’s general competence to practise or competence in a particular field of practice;

Clause 115(i) amended: O.I.C. 2015-26, N.S. Reg 18/2015.

 

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

 

                (k)    direct the respondent to pay a fine in an amount determined by the hearing committee for findings that involve

 

                         (i)     practising while not holding a valid licence to practise, or

Subclause 115(k)(i) amended: O.I.C. 2015-26, N.S. Reg 18/2015.

 

                         (ii)    professional misconduct or conduct unbecoming the profession;

 

                (l)     direct the respondent to pay any costs arising from compliance with an order under clause (g), (i) or (j);

Clause 115(l) amended: O.I.C. 2015-26, N.S. Reg 18/2015.

 

                (m)   publish or disclose its findings in accordance with the Act and these regulations.


Written decision of hearing committee

116 A hearing committee must prepare a written 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 118.


Disclosure of hearing committee’s decision to dismiss complaint

117 (1)    Except as prohibited by any publication bans and subject to subsection (2), a 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)    A hearing committee must provide a copy of its full decision to the Respondent.


Disclosing and publishing licensing sanctions

118 (1)    Except as prohibited by any publication bans and as excluded under Section 120, a hearing committee must direct the Registrar to do all of the following for any licensing sanction that is issued following resolution of a complaint through a hearing or consent revocation process:

 

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

 

                (b)    publish a copy of the full decision 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;

 

                (c)    make the appropriate entries in the registers of the College and, if applicable, on the member’s licence;

 

                (d)    provide some or all of the decision or a summary of the decision, or a notice of the decision to any of the following 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)    Except as prohibited by any publication bans and as excluded under Section 120, the Registrar must do all of the following for any licensing sanction that is issued by an investigative committee or through a settlement agreement:

 

                (a)    make the appropriate entries in the registers of the College and, if applicable, on the member’s licence;

 

                (b)    publish the decision or a summary of the decision 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;

 

                (c)    notify any of the following of the licensing sanction and provide a copy of the summary to them 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 the Registrar considers necessary;

 

                (d)    give the respondent a copy of the decision;

 

                (e)    give some or all of the decision as determined by the Registrar, to the complainant;

 

                (f)    give any of the following to any person the Registrar considers appropriate:

 

                         (i)     the decision,

 

                         (ii)    a summary of the decision,

 

                         (iii)   parts of the decision,

 

                         (iv)   notice of the decision.


Summary of decision

119 Except as prohibited by any publication bans and as excluded under Section 120, if the Registrar publishes a summary of a decision, the summary may contain any information the Registrar considers necessary and 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)    an acknowledgment that the admissions constitute a disciplinary matter;

 

                (g)    the disposition ordered by the Committee;

 

                (h)    the reasons for the decision.


Publication if finding of incapacity

120 If there is a finding of incapacity, the Registrar must disclose only such information relating to the incapacity as is necessary to ensure the objects of the College are met.


Costs for investigation and hearing

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

 

                (a)    expenses incurred by the College in the investigation of a complaint;

 

                (b)    expenses incurred by the College for the activities of an investigation committee and a hearing committee;

 

                (c)    expenses incurred for participation in any competence assessment arising from a decision of an investigation committee or a hearing committee;

 

                (d)    expenses incurred under subsection 88(4), 99(4) or 110(6);

 

                (e)    the College’s solicitor and client costs, including disbursements and HST, relating to the investigation and hearing of a complaint, including those of College counsel and counsel for a hearing committee;

 

                (f)    fees for retaining a court reporter and preparing transcripts of the proceedings;

 

                (g)    travel costs and reasonable expenses of any witnesses, including expert witnesses.

 

       (2)    Except when awarded costs under this Section, a respondent is responsible for all expenses incurred in their defence.

 

       (3)    If a hearing committee finds professional misconduct, conduct unbecoming the profession, incompetence or incapacity on the part of the respondent, it may order that the respondent pay costs in whole or in part.

 

       (4)    If a 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.

 

       (5)    The Registrar may suspend the licence of any respondent who fails to pay the costs within the time ordered until payment is made or satisfactory arrangements for payment are made.


Reinstatement of Registration or Licence


Applying for reinstatement of registration or licence

122 (1)    An application for reinstatement of registration or a licence that has been revoked by a hearing committee must be submitted in writing to the Registrar together with the applicable fee.

 

       (2)    An application must include any information the Registrar requires for assistance in determining whether the objects of the professional conduct process will be met if re-instatement is granted.


Investigation for reinstatement application

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

 

       (2)    Any information gathered under subsection (1) must be provided to the applicant.

 

       (3)    The Registrar must provide the reinstatement committee with the reinstatement application together with any information gathered under subsection (1).


Reinstatement application proceedings

124 (1)    The 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 the reinstatement committee must be taken under oath or affirmation and must be recorded, and is subject to cross-examination.


Attendance at reinstatement application proceeding

125 (1)    Except as provided in subsection (2) or (3), a reinstatement application 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 proceedings 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, any part of a reinstatement application proceeding dealing with an order under subsection (2) or (3), or any decision of the reinstatement committee.

 

       (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

126 Subject to any publication bans, 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;

 

                (b)    reference to any request being made for an order under subsection 125(2).


Decision of reinstatement committee

127 (1)    After considering the evidence and the representations from the parties, the reinstatement committee must decide to accept or reject the 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)    after a period longer than the period in clause (a), as determined by the reinstatement committee that rejected the initial application.


Costs of reinstatement application

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

 

                (a)    expenses incurred by the College in the investigation of a reinstatement application;

 

                (b)    expenses incurred by the College for the activities of the reinstatement committee;

 

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

 

                (d)    fees for retaining a court reporter and preparing transcripts of the proceedings;

 

                (e)    travel costs and reasonable expenses of any witnesses, including expert witnesses, required to appear at a reinstatement application.

 

       (2)    An applicant for reinstatement is responsible for all expenses incurred in their reinstatement application and proceeding.

 

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

 

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


Part 5: Custodianship of Patient Records


Definitions for Part 5

129 In this Part,

 

“custodian” means a custodian of patient records appointed under Section 130;

 

“patient records” means a record of information relating to the patients of a member or former member, in any form or in any medium, whether in written, printed, photographic or electronic form or otherwise, but does not include a computer program or other mechanism that can produce a record.


Appointment of custodian

130 (1)    It may be considered to be in the public interest to appoint a custodian of a member’s or former member’s patient records under these regulations if

 

                (a)    adequate provision has not been made for the protection of their patient records; and

 

                (b)    the member or former member

 

                         (i)     dies,

 

                         (ii)    disappears,

 

                         (iii)   is in prison,

 

                         (iv)   leaves the Province,

 

                         (v)    surrenders their licence,

 

                         (vi)   is struck off a register or their licence is suspended,

 

                         (vii)  is found to be incapacitated, or

 

                         (viii) in the opinion of Registrar, neglects or abandons the practice of medicine.

 

(2)   A custodian may be appointed by 1 of the following methods:

 

                (a)    on financial and other terms agreed upon by the Registrar and the member or the representative of the member’s estate, by appointing the College or a medical practitioner to be a custodian;

 

                (b)    by the Registrar applying to the Court, with or without notice, for an order appointing 1 of the following as custodian:

 

                         (i)     a medical practitioner,

 

                         (ii)    a person other than a medical practitioner that the Court considers appropriate.

 

       (3)    A person appointed under subsection (2) must consent to the appointment.


Duties of custodian

131 (1)    A custodian must, in accordance with any order made under subsection (3),

 

                (a)    hold and protect all patient records taken into custody, or convert such patient records into an electronic record and protect the electronic record while in custody;

 

                (b)    distribute the patient records, as may be appropriate, to

 

                         (i)     the physicians of the patients whose records have been taken into custody,

 

                         (ii)    the duly appointed representatives of the patients, or the patients themselves, unless there are reasonable grounds to believe it would not be in the best interest of the patient to make that information available.

 

       (2)    The distribution of records under clause (1)(b) is subject to any fees payable to the custodian that the Court directs or, for a custodian appointed by the Registrar, that are set by the Registrar.

 

       (3)    An order of the Court appointing a custodian may do 1 or more of the following:

 

                (a)    authorize the custodian to employ professional assistance to carry out the custodian’s duties;

 

                (b)    direct a sheriff to seize, remove and place in the possession of the custodian the patient records;

 

                (c)    if there are reasonable grounds to believe that any patient records may be found in any premises, safe deposit box or other receptacle, direct a sheriff to enter the premises or open the safe deposit box or other receptacle;

 

                (d)    authorize the custodian, or a person acting on behalf of a custodian, to access and use any computer system used in connection with the member’s practice to produce the patient records in the form of a printout or to produce them in an electronically readable format;

 

                (e)    direct the owner of, or person in possession of, any premises or place where a bank or other depository of patient records is located to deal with, hold, deliver or dispose of the patient records as the Court directs;

  

                (f)    give directions to the custodian as to the disposition of patient records;

 

                (g)    make provision for the remuneration, disbursements and indemnification of the custodian and the College in the course of their duties;

 

                (h)    make provision for discharging the custodian either before or after the custodian has completed any responsibilities imposed by an order made under this Section;

 

                (i)     give any further directions the Court considers are required in the circumstances.


Solicitor-client costs for appointment proceedings

132 (1)    The Court may award solicitor-client costs for proceedings in respect of the appointment of a custodian against any of the following:

 

                (a)    a member whose patient records have been appointed a custodian; or

 

                (b)    the representative of the estate of a former member whose patient records have been appointed a custodian.

 

       (2)    Solicitor-client costs awarded under this Section may include any expenses of the College and the custodian associated with the retention of the custodian and incurred in the exercise of the duties of the College and the custodian, and must be paid to the College and the custodian in the manner the Court determines.

 

       (3)    An order of the Court awarding solicitor-client costs may be enforced in the same manner as a judgment of the Court.


Discharge of custodian

133 (1)    A custodian must report to the Registrar by the earliest of the following dates:

 

                (a)    the date ordered by an order of the Court;

 

                (b)    1 year after the date of the Court order appointing the custodian.

 

       (2)    On receiving a custodian’s report under subsection (1), the Registrar may

 

                (a)    discharge the custodian; or

 

                (b)    make any order the Registrar considers appropriate regarding any patient records remaining in the possession of the custodian.

 

       (3)    A custodian’s compliance with a Registrar’s order under clause (2)(b) discharges the custodian.

 

       (4)    Unless otherwise ordered by the Court or the Registrar, on discharge of a custodian, the College must take any remaining patient records into its custody either in original form or through conversion to an electronic record and assume the responsibilities as custodian.


Destruction of patient records by College

134 The College may destroy patient records in its custody as custodian after the passage of a minimum period of time as ordered by the Court or as set by Council.


Removal of custodian by Court

135 The Court may, upon the application of the College made either ex parte or on such notice as the Court directs, remove a custodian from office and, if the Court considers it expedient, appoint another custodian in the custodian’s place, and may include in the order any further directions as are required in the circumstances.


Varying or setting aside court order

136 If a custodian has been appointed by the Court for a member’s patient records, the member may, after giving notice to the College and the custodian, apply to the Court to vary or set aside the Court’s order and direct the custodian to place all or part of the patient records back into the possession of the member upon such terms as the Court considers just.


Service and notice

137 (1)    The Court may give directions on service of any notice required, or order made, under this Part.

 

       (2)    Unless the Court otherwise directs, it is sufficient notice for a custodian to give notice by newspaper advertisement to patients, physicians or the general public, that the custodian has possession of a member or former member’s patient records.


Liability of College and custodian

138 No action for damages lies against the College, the Council or any committee, member, officer or employee of the College for anything done or omitted to be done in good faith under this Part, or against a custodian or any other person acting in good faith under this Part or any order issued under this Part.


Part 6: Dispensing of Drugs


Drug Information System


Duty to update Drug Information System

119 [139](1)    In this Section:

 

“Drug Information System” means the Drug Information System as defined in the Drug Information System Prescription Monitoring Regulations made under the Prescription Monitoring Act; and

 

“dispensing physician” means a dispensing physician as defined in the Drug Information System Prescription Monitoring Regulations made under the Prescription Monitoring Act.

 

       (2)    Each time a dispensing physician dispenses a drug to a patient, the dispensing physician must update the Drug Information System.