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Second
Session, 45th General Assembly 54
Elizabeth II, 2005 |
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AN ACT RESPECTING
DENTURISTS |
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Received and Read the First Time................................................................................................... |
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Second |
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Committee............................................................................................................................................ |
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Third |
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Royal Assent...................................................................................................................................... |
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HONOURABLE
JOHN OTTENHEIMER Minister
of Health and Community Services |
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Ordered
to be printed by the Honourable House of Assembly |
EXPLANATORY NOTES This Bill would revise the law respecting the regulation of denturists. In particular, the Bill would establish a clear separation between advocacy on behalf of the professional group and the responsibility of the governing body of the professional group to establish and enforce qualifications for licensure or registration in the interest of the protection of the public. The second principal focus of the
Bill is the establishment of a disciplinary regime that fully incorporates the
developed principles of administrative law respecting impartiality, fairness,
and the right to be heard. |
A AN ACT RESPECTING DENTURISTS Analysis 1. Short title 2. Definitions 3. Board continued 4. Appointed members 5. Meetings of the board 6. By-laws 7. Annual report 8. Duties of registrar 9. Committees 10. Fees 11. Examinations 12. Licence 13. Definitions 14. Disciplinary panel 15. Allegation 16. Effect of filing allegation 17. Complaints authorization 18. Adjudication tribunal 19. Hearing 20. Guilty plea by respondent 21. Powers of adjudication tribunal 22. Filing and publication of decisions 23. De-registration and suspension 24. Failure to comply 25. Reinstatement and readmission 26. Costs of the board 27. Collection of fine 28. Appeal to Trial Division 29. Copies of books, etc. as evidence 30. Evidence 31. Inspection 32. Regulations 33. Fees and forms 34. Offence 35. Penalty 36. Continuing offence 37. The Dental Act 38. Review of Act 39. Protection from liability 40. Referral 41. Edentulous fittings 42. Advertising 43. Membership in an association 44. Transition 45. RSNL1990 cD-7 Rep. Be it enacted by the Lieutenant-Governor and
House of Assembly in Legislative Session convened, as follows: Short title 1. This
Act may be cited as the Denturists Act,
2005. Definitions 2. In
this Act (a) "board" means the (b) "chairperson" means the chairperson
of the board; (c) "dentist" means a person entitled to
practise dentistry or dental surgery under the Dental Act; (d) "denture"
means a removable, fabricated substitute, or the restoration of such a substitute,
for one or more natural human teeth which is not affixed, fastened or bonded,
directly or indirectly, to natural human teeth, the maxillae, the mandible, or
oral tissue, in a semi-permanent or permanent manner so that a person fitted
with such a substitute cannot, without the assistance of a person licensed
under the Dental Act, remove and re-insert
the substitute; (e) "denturist" means a person licensed
under this Act to engage in the practice of denture technology; (f) "licence" means a licence issued
under section 12 to engage in the practice of
denture technology or an aspect of denture technology; (g) "member" means a member of the
board; (h) "minister" means the minister
appointed under the Executive Council Act
to administer this Act; (i) "practice of denture technology" means (i) the taking of impressions or bite registrations for the purpose of
the making, producing, reproducing, constructing, furnishing, supplying,
altering or repairing of a denture, and (ii) the fitting of a denture, and includes
the making, producing, reproducing, constructing, furnishing, supplying,
altering and repairing of a denture in respect of which a service is performed
under subparagraph (i) or (ii), but does not include, the diagnosis or treatment
of, and the prescribing, treating or operating for, the prevention, alleviation
or correction of disease, pain, deficiency, deformity, defect, lesion, disorder
or physical condition of, in or from a human tooth, associated structure or tissue
or the improving or supplementing of a human tooth, or the prevention,
alleviation, correction, or improvement of a condition of a human tooth,
associated structure or tissue; and (j) "registrar" means the registrar of
the board. Board continued 3. (1) The
Newfoundland Denturists Board is continued under the name Newfoundland and
Labrador Denturists Board as a corporation without share capital for the
purposes of Part XXI of the Corporations
Act. (2) The board shall consist of (a) 3 persons elected from and by denturists in
accordance with the by-laws; and (b) 2 persons appointed under section 4 who are not denturists. (3) A member of the board of directors of an
association of denturists in the province is ineligible to be a director of the
board. (4) The board shall elect from among the elected
members a chairperson and a registrar for the term set by the by-laws. (5) A member of the board may be elected for a
term set by the by-laws which shall not exceed 3 years and is eligible to be
re-elected, but shall not be a member of the board for more than 9 consecutive
years. (6) An elected member may resign from the board by
written notice to the board. (7) Where an elected member resigns, dies or
becomes incapable of performing his or her duties, the remaining members shall
appoint a replacement to serve until the next annual general meeting. (8) Elected members shall serve without payment
for their services, but their travel and other expenses associated with their
duties as members may be paid by the board, in accordance with the by-laws. (9) The board may pay the registrar for performing
his or her duties under this Act, in accordance with the by-laws. Appointed members 4. (1) The
minister shall appoint two members of the board who are not denturists who are
suitable to represent the public interest. (2) A person appointed under subsection (1) holds
office for a term of 3 years and is eligible to be re-appointed. (3) Where a person appointed under subsection (1)
holds office for a period of 9 consecutive years the person is not eligible for
appointment as a member of the board until the expiration of 12 months from the
end of the year in which he or she was last a member of the board. (4) Where the term of office of a person appointed
under this section expires, he or she continues to be a member of the board
until re-appointed or replaced. (5) The board shall pay the expenses of a person
appointed to the board under this section in accordance with guidelines
established by the Lieutenant-Governor in Council. (6) A person appointed under subsection (1) may be
removed from office by the minister before the expiration of his or her term of
office and no compensation shall be paid to him or her other than an amount
owing under subsection (5). (7) A person appointed under subsection (1) may
resign from the board by written notice to the minister. Meetings of the
board 5. (1) A
quorum of the board is 3 members, one of whom is an appointed member. (2) Except where prohibited in the by-laws, a
member of the board may, where all the members consent, participate in a
meeting of the board by means of the telephone or other telecommunication
device that permits all persons participating in the meeting to communicate
with each other. (3) Where a quorum under subsection (1) exists, a
majority of that number is sufficient to make a decision, and in the event of a
tie the chairperson of the meeting shall cast the deciding vote. (4) In the absence of the chairperson, the members
of the board in attendance at a meeting may appoint another member to chair
that meeting. (5) The board shall hold, in accordance with the
by-laws, an annual general meeting at which (a) the election for members of the board shall be
held; and (b) an auditor shall be appointed to audit the
accounts of the board and report on the financial statements prepared by the
board. (6) The board may in its by-laws provide for
voting at a meeting of the board or in an election of members by mail or
electronic means. By-laws 6. (1) The
board may make by-laws not inconsistent with this Act respecting (a) the holding and procedure of its meetings; (b) the election of members of the board under
subsection 3(2) and setting the terms of office
of members and the chairperson and registrar; (c) the payment of travel and other expenses of
elected members of the board; (d) the employment and remuneration of staff and
consultants; (e) a code of ethics including (i) a definition of "professional
misconduct" and "conduct unbecoming" for the purposes of sections
13 to 28, (ii) conflict of interest, (iii) the keeping of patient records by denturists,
and (iv) the nature and content of advertising by
denturists and the limitation and control of advertising for the purpose of section
42; (f) the duties and powers of committees of the
board; (g) the rates of remuneration for members of an
adjudication tribunal; (h) limiting the participation of members at a
meeting of the board by telephone or other telecommunications device under
section 5; and (i) providing for voting by denturists by mail or
electronic means. (2) A by-law may be made, amended or repealed at a
meeting of the board provided that 30 days notice, in writing, of the making,
amendment or repeal of the by-law and of the meeting are given to members of
the board. (3) The board shall have its by-laws available for
inspection by the public on reasonable notice and at reasonable hours. (4) The by-laws of the Newfoundland Denturists
Board in operation at the coming into force of this Act shall be the by-laws governing
the board until revoked or amended by the board in accordance with this
section. Annual report 7. (1) The
board shall prepare and submit to the minister before (a) a report on the activities of the board; and (b) the board's audited financial statements. (2) Where the board fails to comply with
subsection (1), the board is guilty of an offence and on summary conviction may
be fined $1,000. Duties of
registrar 8. The
registrar shall (a) keep a register in which he or she shall
maintain a list of the names and addresses of all persons to whom licences have
been issued under this Act and other information the board may require; (b) make the registers of the board available for
inspection by the public on reasonable notice and at reasonable hours; (c) control all matters relating to the finances
of the board including receipt of all money paid to the board, or a member on
behalf of the board, and for making disbursements on behalf of the board; and (d) perform the duties assigned to the registrar
in respect of discipline under sections 13 to 28. Committees 9. The
board may appoint those committees that it considers necessary and may delegate
to the committees prescribed powers and duties. Fees 10. (1) In
fixing the fees payable under this Act, the board shall, so far as it is
practicable, ensure that the amount of the fees is sufficient to enable it to
discharge its powers under this Act. (2) All money received by the board shall be
applied by it to the exercise of its powers under this Act. Examinations 11. (1) The
board shall approve and set examinations for those persons who wish to obtain a
licence under this Act. (2) The board may appoint those examiners that it
considers necessary for the purpose of examining applicants for licences under
this Act. Licence 12. (1) A
person may apply to the registrar in the form set by the board to be licensed
as a denturist where he or she (a) has successfully completed the examinations
set by the board; and (b) meets the other requirements prescribed by
regulation. (2) The registrar shall issue a licence to a
person who applies under subsection (1) and enter his or her name on the
register and may renew a licence of a denturist where the applicant or
denturist (a) pays the licensing fee set by the board; (b) proves that he or she has obtained
professional liability insurance coverage in a form and amount satisfactory to
the board; (c) proves that he or she is a member of an
association of denturists as required under section 43; (d) proves that he or she is not suspended or
restricted from working as a denturist by a board or equivalent body governing
denturists in a jurisdiction outside the province; and (e) pays outstanding fines, penalties or fees,
which are owed to the board. (3) A licence issued under this section may (a) authorize the person to whom it is issued to
engage fully in the practice of denture technology; or (b) authorize the person to whom it is issued to
engage in the practice of denture technology limited to dentures intended to be
fitted to an edentulous arch only. Definitions 13. In
this section and sections 14 to 28, (a) "allegation" means a written
document alleging that a person has engaged in conduct deserving of sanction; (b) "complainant" means a person making
an allegation described in section 15; and (c) "conduct deserving of sanction"
includes (i) professional misconduct, (ii) professional incompetence, (iii) conduct unbecoming a denturist, and (iv) acting in breach of this Act, the regulations,
or the code of ethics made under section 6; (d) "costs incurred by the board"
include (i) out of pocket expenses incurred by or on
behalf of the board, (ii) amounts paid by the board to adjudication
tribunal members as remuneration and for expenses, and (iii) the actual cost of legal counsel for the board
and the adjudication tribunal; (e) "disciplinary panel" means the panel
of persons appointed under section 14 from
which the members of an adjudication tribunal are chosen; and (f) "respondent" means a denturist or a
former denturist against whom an allegation is made. Disciplinary
panel 14. (1) The
board shall appoint at least 5 denturists 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 denturists, to represent the public interest,
who shall together constitute a disciplinary panel. (2) Where a denturist is appointed under this
section, he or she shall serve on the disciplinary panel unless the board
determines that he or she is unable to serve for reasons beyond his or her
control. (3) Of the denturists first appointed to the
disciplinary panel, two shall be appointed for a term of 2 years and the
remainder for a term of 3 years and all subsequent appointments of denturists
to the disciplinary panel shall be for a term of 3 years. (4) Of the persons appointed by the minister to
the disciplinary panel, one shall be appointed for a term of 2 years and the
other for a term of 3 years, and all subsequent appointments shall be for a
term of 3 years. (5) Notwithstanding the expiry of his or her term,
a member of the disciplinary panel continues to be a member until he or she is
re-appointed or his or her replacement is appointed. (6) Persons appointed to the disciplinary panel
may be reappointed. (7) Members of the disciplinary panel shall serve
on the panel without payment for their services, but may be remunerated for
services as a member of an adjudication tribunal and paid their travel and
other expenses associated with the work of that tribunal by the board, in accordance
with and at the rates set by the by-laws. (8) The board and an adjudication tribunal
appointed under section 18 and a person
appointed by either of them may summon a denturist or another person and
require him or her to give evidence, orally or in writing, upon oath or
affirmation, and produce the documents and things that either of them considers
necessary to the full investigation and hearing of an allegation or complaint
and shall have the powers, privileges and immunities that are conferred on a
commissioner appointed under the Public Inquiries
Act. Allegation 15. (1) An
allegation shall be in writing and signed by the complainant or his or her
solicitor, and filed with the registrar. (2) The registrar may on his or her own motion
make an allegation and file it, and the allegation shall have the same effect
as an allegation referred to in subsection (1). (3) Where the registrar has been informed that a
respondent has been convicted of an offence under the provisions of the Criminal Code or a similar penal statute
of another country or has been suspended by a governing body of denturists in
another province or territory of Canada or another territory or country for
reason of professional misconduct, conduct unbecoming a denturist or
professional incompetence, the information shall be dealt with by the registrar
as an allegation. (4) For the purpose of subsection (3), a certified
copy of the record of a conviction or findings made or the action taken by an
external regulatory body constitutes proof, in the absence of evidence to the
contrary, of the conviction or findings made or the action taken by that body,
without proof of the signature of the convicting justice or person purporting
to have signed on behalf of that body. Effect of filing
allegation 16. (1) Where
it appears to the registrar after notifying the respondent of the allegation
that the allegation may be resolved satisfactorily and where the complainant
and the respondent consent, the registrar may attempt to resolve the matter. (2) Where the allegation is not satisfactorily
resolved by the registrar under subsection (1), the registrar shall refer the
allegation and all other allegations to the board. (3) The registrar shall inform a complainant and a
respondent of the referral of the allegation to the board. Complaints authorization 17. (1) After
an allegation has been submitted to the board, the board may exercise one or
more of the following powers: (a) refer the allegation back to the registrar for
an investigation or alternative dispute resolution in accordance with the regulations; (b) conduct an investigation itself or appoint a
person to conduct an investigation on its behalf; and (c) require
the respondent to appear before it. (2) Where the board is of the opinion there are no
reasonable grounds to believe the respondent has engaged in conduct deserving
of sanction, the board shall dismiss the allegation and give notice in writing
of the dismissal to the complainant. (3) Where the board is of the opinion that there
are reasonable grounds to believe that a respondent has engaged in conduct
deserving of sanction, the allegation shall be considered as constituting a complaint,
and the board may (a) counsel or caution the respondent; or (b) instruct the registrar to file the complaint
against the respondent and refer it to the disciplinary panel; and (c) at any time before a final determination by
the adjudication tribunal, (i) suspend or restrict the respondent's licence,
or (ii) direct the registrar to conduct an investigation
of the respondent's practice. (4) A person conducting an investigation under
paragraph (1)(a), (b) or subparagraph (3)(c)(ii) may require (a) the respondent to (i) undergo practical and other examinations he or
she considers necessary and as arranged by the registrar or the board, and (ii) permit the registrar or a member of the board
or another person appointed by the board to inspect and copy the records of the
respondent and other documents relating to the subject matter of the investigation;
and (b) another person to permit the registrar or a
member of the board or another person appointed by the board to inspect and
copy records and other documents relating to the subject matter of the investigation
held by that person, and the respondent or other person shall
comply. (5) An action for damages does not lie against a
denturist or another person solely because he or she provides information
required of him or her under subsection (4). (6) Where the registrar, a member of the board or
another person appointed by the board requires that a respondent or another
person provide information under subsection (4), that information shall be
provided within 7 days of receipt of the request or a different period as
specified in the request. (7) A complainant whose allegation is dismissed by
the board under subsection (2) may within 30 days after receiving notice of the
dismissal appeal the dismissal to the Trial Division by filing a notice of
appeal with the Registrar of the Supreme Court. (8) Subsections (4), (5) and (6) apply to the
Crown. Adjudication tribunal 18. (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 consisting of 3 persons, of whom 2 shall be denturists and one shall
be a member of the panel appointed to represent the public interest. (2) The chairperson of the disciplinary panel
shall appoint one of the denturists on an adjudication tribunal to be the
chairperson. Hearing 19. (1) Where
a complaint has been referred under paragraph 17(3)(b),
an adjudication tribunal shall hear the complaint. (2) The parties to a hearing are the board and the
respondent and a party may be represented by his or her counsel at a hearing. (3) A hearing shall be conducted in public but an
adjudication tribunal may exclude the public from a hearing, or from part of
it, where it considers the desirability of protecting a party to the complaint
or another person against the consequences of possible disclosure of personal
matters outweighs the desirability of holding the hearing in public. Guilty plea by
respondent 20. (1) Where
a respondent pleads guilty to one or more of the charges set out in a
complaint, the adjudication tribunal shall, without calling evidence or hearing
witnesses, unless the tribunal believes it is appropriate to do so, hear
submissions from the parties. (2) Where a respondent pleads guilty, and following
submissions under subsection (1), the adjudication tribunal may (a) reprimand the respondent; (b) order that the respondent be suspended for a
fixed period that it considers appropriate, until conditions which it may
impose are fulfilled, or until further order of the adjudication tribunal; (c) allow or direct the respondent to surrender
his or her licence to the board upon those conditions that may be considered
appropriate and strike the respondent's name from the register; (d) impose a fine not to exceed $10,000 to be paid
to the board; (e) order that the respondent pay the costs or a
part of the costs incurred by the board in the investigation and hearing of the
complaint; (f) order that the registrar publish a summary of
the decision including the information set out in subsection 22(4) and other information that the tribunal may
specify; and (g) order that the respondent comply with one or
more of the following: (i) make restitution to the complainant or other
person affected by the conduct of the respondent, (ii) obtain medical treatment, (iii) obtain counselling, (iv) obtain substance abuse counselling or
treatment, until the respondent can demonstrate to the board or other body or
person designated by the adjudication tribunal that a condition related to
substance abuse rendering the respondent incapable or unfit to practise has
been overcome, (v) engage in continuing education programs, (vi) complete a course of studies or obtain
supervised clinical experience, or both, to the satisfaction of the board or
another body or person designated by the adjudication tribunal, (vii) report on his or her compliance with an order
made under this section and authorize others involved with his or her treatment
or supervision to report on it, (viii) restrict his or her professional practice or
continue his or her practice under specified conditions, or (xi) impose other requirements that are just and
reasonable in the circumstances. (3) The costs incurred by the board to ensure the
compliance of a respondent with an order or direction of an adjudication
tribunal under this section shall be borne by the respondent. Powers of adjudication
tribunal 21. (1) Upon
the hearing of a complaint, an adjudication tribunal shall decide whether or
not a respondent is guilty of conduct deserving of sanction. (2) Where an adjudication tribunal decides that a
respondent is not guilty, it shall dismiss the complaint and may, where it
believes that the submission of the complaint to the tribunal for a hearing was
unreasonable, (a) order that those costs that the tribunal
considers appropriate be paid by the board to the respondent; and (b) make another order that it considers
appropriate. (3) Where an adjudication tribunal decides that a
respondent is guilty, it may (a) reprimand the respondent; (b) order that the respondent be suspended for a
fixed period that it considers appropriate, until conditions which it may
impose are fulfilled, or until further order of the adjudication tribunal; (c) allow or direct the respondent to surrender
his or her licence to the board upon those conditions that may be considered
appropriate and strike the respondent's name from the register; (d) impose a fine not to exceed $10,000 to be paid
to the board; (e) order that the respondent pay the costs or a
part of the costs incurred by the board in the investigation or hearing of the
complaint; (f) order that the registrar publish a summary of
the decision including the information set out in subsection 22(4) and other information that the tribunal may
specify; and (g) order that the respondent comply with one or
more of the following: (i) make restitution to the complainant or other
person affected by the conduct of the respondent, (ii) obtain medical treatment, (iii) obtain counselling, (iv) obtain substance abuse counselling or
treatment, until the respondent can demonstrate to the board or other body or
person designated by the adjudication tribunal that a condition related to
substance abuse rendering the respondent incapable or unfit to practise has
been overcome, (v) engage in continuing education programs, (vi) complete a course of studies or obtain
supervised clinical experience, or both, to the satisfaction of the board or
another body or person designated by the adjudication tribunal, (vii) report on his or her compliance with an order
made under this section and authorize others involved with his or her treatment
or supervision to report on it, (viii) restrict his or her professional practice or
continue his or her practice under specified conditions, or (ix) impose other requirements that are just and
reasonable in the circumstances. (4) The costs incurred by the board to ensure the
compliance of a respondent with an order or direction of an adjudication tribunal
under this section shall be borne by the respondent. Filing and publication
of decisions 22. (1) An
adjudication tribunal shall file a decision or order made under subsection 20(2) or 21(3) with
the registrar and provide a copy to the complainant and the respondent and the
respondent's employer. (2) The registrar shall maintain a copy of a
decision or order filed under subsection (1) for a minimum of 5 years after the
day the decision is filed and shall upon receiving a request to view the disciplinary
records in relation to a denturist permit a person to view a summary of a
decision where that denturist was the respondent, prepared in accordance with
subsection (4). (3) The registrar shall publish a summary of a
decision or order of an adjudication tribunal in a newspaper of general
circulation in or nearest to the community in which the respondent practises
within 14 days of the filing of the decision or order, where the decision or
order (a) suspends the respondent; (b) allows or directs the respondent to surrender
his or her licence; (c) restricts the respondent's practice; (d) specifies conditions for the continuing
practice of the respondent; or (e) requires that a summary of the decision or
order be published. (4) The summary of the decision published under
subsection (3) shall include (a) the name of the respondent and the address
where he or she practises; (b) the date, location and a brief description of
the conduct of the respondent that was found to be deserving of sanction; (c) the name of the complainant, unless the
complainant has requested that his or her name be withheld; (d) the contents of the order in relation to the
actions referenced in paragraphs (3)(a) to (d); and (e) other information specified for publication in
the decision or order. (5) Where a decision published under this section
is varied or set aside, the registrar shall within 14 days of the filing of the
subsequent decision or order publish a summary of the decision or order and
subsections (3) and (4) apply, with the necessary changes. De-registration
and suspension 23. (1) Where
a respondent is struck off the register, his or her rights and privileges as a
denturist cease. (2) Where a respondent is suspended, his or her
rights and privileges as a denturist cease for the period of suspension. (3) Where conditions or restrictions have been
imposed upon a respondent's ability to carry on his or her practice, his or her
rights and privileges as a denturist shall be limited to the extent specified
by the conditions or restrictions. Failure to comply 24. (1) On
application by the board to the disciplinary panel, an adjudication tribunal
may make an order suspending the rights and privileges of a respondent where it
determines that the respondent has failed to comply with a decision or an order
under sections 13 to 28. (2) The parties to the application are the board
and the respondent. (3) An order of an adjudication tribunal under
this section may suspend the rights and privileges of the respondent for a fixed
period that the adjudication tribunal may consider appropriate, or until conditions
which it may impose are fulfilled, or until further order of the adjudication
tribunal. Reinstatement and
readmission 25. (1) Where
a decision or order of an adjudication tribunal (a) suspends the respondent; (b) allows or directs the respondent to surrender
his or her licence; (c) restricts the respondent's practice; or (d) specifies conditions for the continuing
practice of the respondent, and where the respondent alleges that new
evidence has become available or a material change in circumstances has
occurred since the making of the decision or order, the respondent may apply to
the board for a supplementary hearing to discharge or vary the decision or
order based on the new evidence or material change in circumstances. (2) An application under subsection (1) shall be
made not more than 90 days after the new evidence becomes available or the
material change in circumstances has occurred. (3) Where an application is made to the board
under subsection (1), and the board is of the opinion that new evidence has
become available or that a material change in circumstances has occurred, as
alleged by a respondent, the matter shall be referred to an adjudication
tribunal as if it were a matter referred under paragraph 17(3)(b) and sections 19
to 23 apply, with the necessary changes, to the
referred matter. (4) The parties to a supplementary hearing under
this section are the respondent and the board. (5) For the purpose of this section, in addition
to an order that an adjudication tribunal may make under section 21, a tribunal may (a) vary the original decision or order made under
section 21; or (b) discharge the original decision or order, with
or without conditions. Costs of the
board 26. (1) Where
a person who was ordered to pay the costs of the board under paragraph 20(2)(e) or 21(3)(e)
fails to pay in the time required, the board may suspend the licence of that
person until the costs are paid. (2) Costs ordered to be paid under paragraph 20(2)(e) or 21(3)(e)
are a debt due to the board and may be recovered by the board by a civil action. Collection of
fine 27. (1) Where
an order is made under section 20 or 21 imposing a fine on a respondent, the board may
issue a certificate stating the amount of the fine due and remaining unpaid and
the name of the person by whom it is payable, and file the certificate with the
Registrar of the Supreme Court. (2)
Where a certificate is filed with the
Registrar of the Supreme Court under subsection (1), it has the same effect and
all proceedings may be taken on the certificate as if it were a judgment of the
Trial Division for the recovery of the amount stated in the certificate against
the person named in the certificate. (3) A person named in a certificate filed under
this section may, within 30 days after the certificate is filed, apply to a
judge of the Trial Division for a review, on a question of law or jurisdiction,
of the certificate. (4) On an application under subsection (3), the
judge may make an amendment to the certificate that is necessary to make the
certificate accord with the judge's decision. (5) There is no appeal from a decision of a judge
made under this section. (6) A certificate filed under this section may
also be filed in the judgment enforcement registry on the expiration of the 30
day period referred to in subsection (3) in accordance with Part III of the Judgment Enforcement Act and be enforced
in accordance with that Act. Appeal to Trial
Division 28. (1) The
board or the respondent may, within 30 days after receiving notice of a
decision or order of an adjudication tribunal under this Act, appeal the
decision or order to the Trial Division by filing a notice of appeal with the
Registrar of the Supreme Court. (2) An appeal under this section does not stay the
decision or order being appealed unless the Trial Division orders otherwise. Copies of books,
etc. as evidence 29. A
copy or extract of a book, record, document or thing certified by (a) a member of the complaints authorization
committee; or (b) a person authorized under subsection 17(4) to conduct an inspection, who made the copy or extract under
subsection 17(4) is admissible in evidence in
an action, proceeding or prosecution, in the absence of evidence to the
contrary, as evidence of the original book, record, document or thing and its
contents. Evidence 30. A
copy of the register, certified by the registrar, is admissible in evidence in
a court in a prosecution of an offence under this Act and, in the absence of
evidence to the contrary, is proof of the information contained in the register
without proof of the signature or the official character of the person
appearing to have signed the register. Inspection 31. (1) The
board may appoint representatives as it considers advisable to inspect the
premises of a denturist. (2) For the purpose of this section,
representatives of the board may include the board or a member of the board. (3) The representatives of the board may enter,
without notice, the premises of a denturist at reasonable times to make
necessary inspections. (4) The representatives of the board shall have
access to the records, documents and other information required to carry out
the inspection under subsection (3). (5) A denturist whose premises are the subject of
an inspection under this section shall cooperate with the representatives of
the board and supply information requested in connection with the inspection. (6) The representatives shall report to the board
the results of their inspection together with their recommendations for the
remedying of an insanitary condition, practice or procedure that is found. (7) After considering the recommendations of the
representatives, the board may make a written demand on the denturist concerned
to adopt and carry out the recommendations subject to terms and conditions
which the board may impose. (8) Failure on the part of a denturist to comply
promptly and completely with a written demand of the board shall be dealt with
as an allegation under section 15. Regulations 32. (1) Subject
to the approval of the minister, the board may make regulations (a) prescribing courses of training and
educational requirements for the licensing of persons in the practice of
denture technology in the province, including the establishment of a program of
apprenticeship training in the practice of denture technology; (b) respecting the establishment of a program of
continuing education and re-examination of denturists; (c) respecting the granting of licences to
denturists and renewals of licences; (d) providing for, giving notice of and holding
examinations of persons seeking to be licensed as denturists and prescribing
the content and nature of the examinations; (e) providing for the suspension or revocation of
licences for the non-payment of licence fees or other causes prescribed in the
regulations and for the regranting of suspended or revoked licences; (f) prescribing the standards of hygiene to be
maintained in the office and laboratory of a denturist; (g) respecting the employment of student
denturists and other employees; (h) respecting alternative dispute resolution for
the purposes of section 17 and the procedure
for that resolution; and (i) prescribing time limits for events in the
disciplinary process under sections 13 to 28, including time limits for (i) the filing of an allegation, (ii) the resolution of an allegation by the
registrar, (iii) the conduct of an investigation under section 17, (iv) consideration of an allegation by the board
following completion of an investigation, (v) responding to a complainant and respondent at
each stage of the process, (vi) the conduct of a practice investigation under
subparagraph 17(3)(c)(ii), (vii) the appointment of an adjudication tribunal
under section 18, and (viii) the conduct of a hearing and the filing of a
decision or order by an adjudication tribunal following completion of the
hearing; and (j) generally, to give effect to the purpose of
this Act. (2) Notwithstanding paragraph (1)(i), the minister
may make regulations to prescribe time limits in the disciplinary process under
sections 13 to 28
where the board does not do so within the time period the minister considers
reasonable. Fees and forms 33. The
board may set fees for the purpose of this Act. Offence 34. (1) A
person, other than a dentist or a person licensed under this Act as a
denturist, shall not engage in or hold himself or herself out as qualified or
entitled to engage in the practice of denture technology. (2) A person shall not provide false information
to the board for the purpose of obtaining a licence under this Act. Penalty 35. A
person who contravenes this Act or the regulations is guilty of an offence and
is liable upon summary conviction to a fine not exceeding $1,000, and in
default of payment to imprisonment for a term not exceeding one month or to
both a fine and imprisonment. Continuing
offence 36. Where
an offence is committed on more than one day or is continued for more than one
day, it shall be considered to be a separate offence for each day on which the
offence is committed or continued. The Dental Act 37. (1) Nothing
in this Act prohibits a dentist or another person qualified under the Dental Act from performing work or
services ordinarily performed by a denturist licensed under this Act to the
extent the dentist or other person is authorized to perform the work or
services under the Dental Act. (2) Nothing in the Dental Act prohibits a licensed denturist from engaging in the
practice of denture technology for compensation. Review of Act 38. Where
the minister directs, the board shall review the operation of this Act and the
regulations and make recommendations to the minister respecting this Act and
the regulations. Protection from
liability 39. An
action for damages does not lie against the registrar, a member of the board, an
officer, employee or agent of the board, a member of a disciplinary panel,
adjudication tribunal or the individual members of those bodies, a person
appointed by the board to conduct an investigation, another agent of the board
or the board as a corporation for an act or failure to act or a proceeding
initiated or carried out in good faith under this Act, or for carrying out
duties or obligations authorized under this Act or for a decision or order made
or enforced in good faith under this Act. Referral 40. A
denturist shall refer to a dentist or medical practitioner registered under the
laws of the province a person consulting the denturist who has evidence of oral
pathology that the denturist recognizes or should have recognized, based upon
his or her training and experience, as requiring medical or dental evaluation. Edentulous
fittings 41. A
denturist shall not take impressions of or fit a prosthetic denture to an
edentulous arch unless the arch has been edentulous for a minimum period of 3
weeks. Advertising 42. (1) Only
a person holding a valid and existing licence under this Act shall hold himself
or herself out or advertise himself or herself under a name or designation as a
denturist. (2) Where a denturist advertises his or her place
of business, he or she shall advertise that place of business under the
designation of "a denture clinic". Membership in an
association 43. (1) The
board shall require that a person who holds a licence under this Act be a
member of an association of denturists as a condition of holding that licence. (2) A person who is otherwise qualified to obtain
a licence or renewal under this Act shall not be denied a licence or renewal because
that person has, without cause, been denied membership in the association or,
without cause, has had his or her membership revoked. Transition 44. (1) The
members of the Newfoundland Denturists Board on the day before this Act comes
into force are continued as members of the board until an election is held
under section 5. (2) An election to elect the 3 members of the
board referred to in paragraph 3(2)(a) shall be
held within 12 months after the day this Act comes into force. (3) The minister shall make appointments under
section 4 within 30 days of the election held
under subsection (2). (4) Of the members of the board first elected
under section 5, (a) 2 shall be elected for a term of 3 years; and (b) one shall be elected for a term of 2 years. RSNL1990 cD-7
Rep. 45. The Denturists
Act is repealed.
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