25

 

First Session, 48th General Assembly

65 Elizabeth II, 2016

BILL 25

AN ACT TO AMEND THE HEARING AID PRACTITIONERS ACT

Received and Read the First Time.................................................................................................

Second Reading.................................................................................................................................

Committee..........................................................................................................................................

Third Reading.....................................................................................................................................

Royal Assent......................................................................................................................................

HONOURABLE JOHN HAGGIE

Minister of Health and Community Services

Ordered to be printed by the Honourable House of Assembly

 

EXPLANATORY NOTE

This Bill would amend the Hearing Aid Practitioners Act to enable the board to appoint to a disciplinary panel, or the chairperson of a disciplinary panel to appoint to an adjudication tribunal, a person other than a hearing aid practitioner licensed in this jurisdiction where it is necessary to do so.

A BILL

AN ACT TO AMEND THE HEARING AID PRACTITIONERS ACT

Analysis


        1.   S.2 Amdt.
Definitions

        2.   S.13 Amdt.
Committees

        3.   S.17 R&S
Adjudication tribunal


Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

SNL2005 cH-2.01 as amended

        1. Section 2 of the Hearing Aid Practitioners Act is amended by adding immediately after paragraph (d) the following:

         (d.1)  "licensed hearing aid practitioner" means a hearing aid practitioner licensed under this Act;

 

        2. Subsection 13(4) of the Act is repealed and the following substituted:

             (4)  The board shall appoint at least 5 persons who are not members of the board, one of whom shall be appointed to serve as chairperson, and the minister shall appoint at least 2 persons who are not hearing aid practitioners to represent the public interest, who shall together constitute a disciplinary panel.

         (4.1)  Where the board appoints persons under subsection (4), those persons shall be licensed hearing aid practitioners unless, in the opinion of the board, it is necessary to appoint as one or more of the total number appointed by the board under that subsection either a hearing aid practitioner licensed under the laws of a province or territory of Canada or a member in good standing under the Law Society Act, 1999 or both of them.

         (4.2)  Notwithstanding subsection (4), a hearing aid practitioner licensed under the laws of a province or territory of Canada or a member in good standing under the Law Society Act, 1999 appointed as referred to in subsection (4.1) shall not serve as the chairperson of the disciplinary panel.

         (4.3)  Notwithstanding subsection (4.1), the disciplinary panel shall at all times have at least 2 licensed hearing aid practitioners appointed to it.

 

        3. Section 17 of the Act is repealed and the following substituted:

Adjudication tribunal

      17. (1) For the purpose of dealing with complaints referred to the disciplinary panel, the chairperson of the disciplinary panel shall appoint from it an adjudication tribunal composed of 3 persons.

             (2)  The members of an adjudication tribunal shall be chosen as follows from among the members of the disciplinary panel:

             (a)  2 persons who are licensed hearing aid practitioners unless, in the opinion of the chairperson of the disciplinary panel, it is necessary to appoint

                      (i) a licensed hearing aid practitioner and a hearing aid practitioner licensed under the laws of a province or territory of Canada,

                     (ii)  a licensed hearing aid practitioner and a member in good standing under the Law Society Act, 1999,

                    (iii)  a hearing aid practitioner licensed under the laws of a province or territory of Canada and a member in good standing under the Law Society Act, 1999, or

                    (iv)  2 hearing aid practitioners licensed under the laws of a province or territory of Canada; and

             (b)  one person appointed to represent the public interest.

             (3)  The chairperson of the disciplinary panel shall appoint either of the following persons to be the chairperson of an adjudication tribunal:

             (a)  a licensed hearing aid practitioner; or

             (b)  a hearing aid practitioner licensed under the laws of a province or territory of Canada.

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