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An Act to Incorporate the New Brunswick Association of Medical Radiation Technologists *

Legislature :
55
Session :
1
Bill No. :
40
Member :
Mr. Holder
First Reading :
2004-4-6
Second Reading :
2004-5-11
Committee of the Whole :
Amended :
2004-5-4
Third Reading :
2004-5-11
Royal Assent :
2004-5-28
Download PDF :
Bill 40
Note :
See amendment at the end of the text of the Bill.

Text of Bill :
WHEREAS it is desirable, in the interest of the public and the members of the Canadian Association of Medical Radiation Technologists New Brunswick Division to continue the Canadian Association of Medical Radiation Technologists New Brunswick Division as a body for the purpose of advancing and maintaining the standard of medical radiation technology in the Province, for governing and regulating medical radiation technology services provided to the public and providing for the welfare of members of the public and members of the Canadian Association of Medical Radiation Technologists New Brunswick Division;



AND WHEREAS it is desirable to amend the name of the Canadian Association of Medical Radiation Technologists New Brunswick Division to the New Brunswick Association of Medical Radiation Technologists;



AND WHEREAS the Canadian Association of Medical Radiation Technologists New Brunswick Division prays that it be enacted as hereinafter set forth;



THEREFORE, Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:



1                           This Act may be cited as the "Medical Radiation Technologists Act".



DEFINITIONS

2                           The following definitions apply in this Act, unless the context otherwise requires,



"Act" means the Medical Radiation Technologists Act. (loi)



"Association" means the New Brunswick Association of Medical Radiation Technologists. (Association)



"by-laws" means the by-laws made under this Act. (règlements administratifs)



"Court" means The Court of Queen's Bench of New Brunswick. (Cour)



"Executive Committee" means the Executive Committee of the Association constituted under section 10. (comité de direction)



"Medical Radiation Technology" means the act, process, science or art of practicing on humans for medical purposes the technical aspects of radiation diagnosis and/or therapy, and is comprised of the following areas of practice:



(a)               Magnetic Resonance Technology;



(b)               Nuclear Medicine Technology;



(c)               Radiation Therapy Technology; and



(d)               Radiological Technology. (technologie de la radiation médicale)



"register" means the register kept pursuant to subsection 21(1). (registre)



"Registered Technologist in Magnetic Resonance" means a Medical Radiation Technologist who is registered as a member of the New Brunswick Association of Medical Radiation Technologists and the Canadian Association of Medical Radiation Technologists in the discipline of Magnetic Resonance Technology and specializes in the application of radiant energies in their area of practice. (technologue en résonance magnétique inscrit)



"Registered Technologist in Nuclear Medicine" means a Medical Radiation Technologist who is registered as a member of the New Brunswick Association of Medical Radiation Technologists and the Canadian Association of Medical Radiation Technologists in the discipline of Nuclear Medicine and specializes in the application of ionizing energy in their area of practice. (technologue en médecine nucléaire inscrit)



"Registered Technologist in Radiation Therapy" means a Medical Radiation Technologist who is registered as a member of the New Brunswick Association of Medical Radiation Technologists and the Canadian Association of Medical Radiation Technologists in the discipline of Radiation Therapy and specializes in the application of ionizing energy in their area of practice. (technologue en radiothérapie inscrit)



"Registered Technologist in Radiological Technology" means a Medical Radiation Technologist who is registered as a member of the New Brunswick Association of Medical Radiation Technologists and the Canadian Association of Medical Radiation Technologists in the discipline of Radiological Technology and specializes in the application of ionizing energy in their area of practice. (technologue en radiologie inscrit)



ASSOCIATION

3(1)                   The Canadian Association of Medical Radiation Technologists New Brunswick Division, incorporated by An Act to Incorporate the Canadian Society of Radiological Technicians New Brunswick Division, chapter 78 of the Acts of New Brunswick, 1958, amended by An Act to Amend An Act to Incorporate the Canadian Society of Radiological Technicians New Brunswick Division, chapter 89 of the Acts of New Brunswick, 1981, is hereby continued as a body corporate without share capital under the name of the New Brunswick Association of Medical Radiation Technologists.



3(2)                   The Association shall consist of persons who are members of the Canadian Association of Medical Radiation Technologists New Brunswick Division on the date this Act comes into force, together with persons who hereafter, pursuant to the provisions of this Act, become members of the New Brunswick Association of Medical Radiation Technologists, and whose names are entered upon the register of the Association.



3(3)                   The category of membership of a person who is a member when this Act comes into force shall not change by reason thereof.



4(1)                   The head office of the Association shall be as provided by by-law.



4(2)                   The Association shall have a seal in a form provided by by-law.



5                           The Association shall be a provincial member of the Canadian Association of Medical Radiation Technologists.



OBJECTS

6                           The objects of the Association are to



(a)               regulate the practice of Medical Radiation Technology and govern its members in accordance with this Act and the by-laws, in order to serve and protect the public interest;



(b)               establish, maintain, develop and enforce standards of qualification for the practice of Medical Radiation Technology, including the required knowledge, skill, efficiency, proficiency and accountability;



(c)               promote public awareness of the role of the Association and the scope of practice of Medical Radiation Technologists, and to communicate and co-operate with other professional organizations for the advancement of the best interests of the Association, including the publication of books, papers and journals; and



(d)               encourage studies in Medical Radiation Technology and provide assistance and facilities for special studies and research.



POWERS

7                           The Association, in furtherance of its objects, shall have the power to



(a)               enact by-laws and rules;



(b)               provide for the discipline, government, control and honour of persons practising the profession of Medical Radiation Technology in New Brunswick, including the power to determine standards of professional conduct;



(c)               acquire and hold assets and property, both real and personal, by way of purchase, lease, grant, hire, exchange or otherwise, and to dispose of such property by any means;



(d)               provide for the management of its property and assets, and of its affairs and business, including the employment of staff;



(e)               borrow and spend money for the purpose of carrying out any of the objects of the Association, and give security for money borrowed on any of its real or personal property by way of mortgage, pledge, charge or otherwise;



(f)                invest money of the Association, not immediately required for any of its objects, in any manner as it may from time to time determine;



(g)               establish and maintain a register of members registered as Medical Radiation Technologists, which register shall be the official register of persons entitled to practise as Medical Radiation Technologists in New Brunswick;



(h)               fix and collect fees payable by any person



(i)         upon becoming a member,



(ii)       writing an examination prescribed by the Association with a view to becoming a member or to maintain or reinstate membership, or



(iii)    as annual dues;



(i)                assess members for any ordinary, special or extraordinary expenditure that may be deemed necessary or expedient to further any of the objects of the Association;



(j)                prescribe the qualifications as to education, character, and experience required by any person before being registered as a Medical Radiation Technologist in New Brunswick, including continuing education for members as a condition of registration as a Medical Radiation Technologist;



(k)               provide for the determination, by examination or other means, of the competency of persons seeking to be registered as Student Medical Radiation Technologists and grant certificates of registration to persons qualified as Medical Radiation Technologists;



(l)                arrange and establish ways and means by which persons may be trained in the profession of Medical Radiation Technologist;



(m)             enter into agreements on behalf of the Association as may be necessary, incidental or conducive to carry out the objects of the Association;



(n)               exempt any person from the payment of fees, dues or assessments for such reason and upon such terms as the Association may from time to time determine, and suspend members for non-payment;



(o)               receive gifts, donations and bequests, and make gifts or donations for the promotion of the objects of the Association;



(p)               regulate advertising;



(q)               establish minimum standard tariffs of fees;



(r)               call and regulate meetings and the method of voting;



(s)               provide for the eligibility, nomination, election, number and term of office and duties of members of the Executive Committee and committees, including the appointment and revocation of persons as ex officio or honorary officers or members of the Executive Committee or the Association;



(t)                provide for the establishment of committees by the Association, prescribe their powers and duties, and method of operation, including procedures at meetings and for filling vacancies; and provide for the delegation of powers or duties of the Executive Committee to any committee, and to establish the form and frequency of reports to the Executive Committee or the Association;



(u)               establish categories of membership in the Association, and prescribe the privileges, obligations and conditions of membership;



(v)               provide for the establishment and payment of scholarships, fellowships and other educational incentives, benefits and awards by the Association;



(w)             provide for investigations by the complaints and discipline committees, including the procedures to be followed;



(x)               provide for the inspection of establishments employing Medical Radiation Technologists in respect to radiation protection and to make necessary recommendations, in keeping with Canadian or International standards;



(y)               provide for meetings of the Executive Committee and committees by conference telephone, electronic means or other communications equipment by means of which all persons participating in the meeting can hear each other; and



(z)               do all other things as may be necessary or desirable to exercise the powers conferred by this Act, or any powers incidental thereto.



BY-LAWS

8(1)                   For the purpose of attaining its objects, and for the implementation of its powers, the Association may make by-laws not inconsistent with the provisions of this Act.



8(2)                   No by-law, amendment, or repeal of a by-law shall be effective until passed by a resolution of 66% percent of members present voting



(a)               at the annual general meeting, or



(b)               at a special meeting of the Association called for the purpose.



8(3)                   A proposed new by-law, amendment or repeal of a by-law, shall be in writing signed by at least 2 members in good standing and shall, not less than 60 days before the meeting, be presented to the secretary who shall include a copy in the notice calling the meeting.



8(4)                   No new by-law, or the amendment or repeal of a by-law which provides for the qualifications and eligibility of a person to be registered as a Medical Radiation Technologist, or which provides for continuing education, standards of practice, or relates to conflicts of interest, shall come into effect until approved by the Minister of Health and Wellness.



ANNUAL MEETING

9(1)                   There shall be an annual general meeting of the Association at such time and place as fixed by by-law.



9(2)                   Five percent of members shall constitute a quorum for the transaction of business at an annual general meeting.



EXECUTIVE COMMITTEE

10(1)               There shall be an Executive Committee of the Association consisting of



(a)               the president, past president, vice-president, secretary, treasurer and a registrar, all of whom shall be elected by the members of the Association in the manner and for the terms prescribed in the by-laws; and



(b)               2 lay persons, not members of the Association, to act as lay representatives on the Executive Committee, who shall be appointed by the Minister of Health and Wellness from a panel of not less than 4 persons nominated by the Executive Committee.



10(2)               Any 2 or all of the offices of Secretary, Treasurer and Registrar may be held by the same person, who may, but need not be, a member of the Association.



10(3)               The New Brunswick representative to the Canadian Association of Medical Radiation Technologists Board of Directors shall be a member of the Executive Committee.



10(4)               Subject to the provisions of this Act and the by-laws, the management of the Association shall be vested in the Executive Committee.



10(5)               Four members of the Executive Committee shall constitute a quorum for the transaction of business.



11(1)               The term of office of the members of the Executive Committee shall be fixed by by-law.



11(2)               Notwithstanding subsection (1), in the event of a vacancy occurring on the Executive Committee, the vacancy may be filled for the balance of the unexpired term



(a)               where the vacancy is with respect to a person elected under paragraph 10(1)(a), by the Executive Committee appointing a replacement; and



(b)               where the vacancy is with respect to a person appointed under paragraph 10(1)(b), by the Minister of Health and Wellness appointing a replacement from a panel of not less than 4 persons nominated by the Executive Committee.



11(3)               The members of the Executive Committee in office when this Act comes into force shall continue in office until their successors are elected or appointed in accordance with this section and the by-laws.



11(4)               At the first meeting following the election of the Executive Committee, or as soon after as possible, the Executive Committee shall appoint such other persons or committees as may be necessary for the carrying out of the provisions of this Act, who shall hold office during the pleasure of the Executive Committee or as provided by by-law.



RULES BY THE EXECUTIVE COMMITTEE

12(1)               The Executive Committee may make rules not inconsistent with the provisions of this Act or the by-laws, providing for



(a)               the appointment, revocation and filling of vacancies on committees,



(b)               calling and conducting meetings of all committees,



(c)               preliminary investigations into the conduct of a member,



(d)               the custody and use of the Association seal,



(e)               the execution of documents by the Association,



(f)                banking and finance,



(g)               calling and conducting meetings of the Executive Committee and the duties of members of the Executive Committee,



(h)               the payment of necessary expenses of the Executive Committee and committees in the conduct of their business,



(i)                the management of the property of the Association,



(j)                the appointment, composition, powers and duties of additional or special committees, and



(k)               the application of the funds of the Association and the investment and reinvestment of any of its funds not immediately required, and for the safekeeping of its securities.



12(2)               A rule proposed by the Executive Committee under subsection (1) is not effective until confirmed by resolution of the Executive Committee.



ADMISSIONS COMMITTEE

Appointment

13(1)               The Executive Committee shall appoint an Admissions Committee consisting of at least 3 members, one to be named by the Executive Committee as chairperson and one as vice-chairperson.



13(2)               Members of the Admissions Committee shall be appointed for a term of 2 years and may be reappointed.



13(3)               The Admissions Committee may sit in panels of 3, presided over by the chairperson or vice-chairperson, and decisions of a panel shall be by majority vote.



13(4)               In the event of a vote resulting in a tie, the chairperson or vice-chairperson shall cast the deciding vote.



13(5)               If the term of a member of the Admissions Committee expires before it concludes a matter before it, the member whose term has expired shall continue in office until the matter is concluded.



13(6)               Subject to subsection (5), if a member of a panel of the Admissions Committee is unable to continue to act for any reason, the chairperson or vice-chairperson of the Committee shall assign another member of the Committee to the panel, or if there are only 3 members on the Committee, the Executive Committee shall appoint another member to the Committee.



Inquiries

14(1)               At the request of the Executive Committee the Admissions Committee shall inquire into



(a)               an application for membership in the Association,



(b)               an application for reinstatement in the Association by a former member, and



c)                  an application for transfer into the Association by a member of another association.



14(2)               The Admissions Committee may, in inquiring into an application under subsection (1),



(a)               consider the matter summarily, or



(b)               conduct, or authorize any person to conduct, an investigation.



14(3)               An applicant in respect of whom an inquiry is being made shall produce documents and disclose information to the Admissions Committee that is within the applicant's possession or power and that the Committee considers relevant.



14(4)               Where the Admissions Committee conducts an investigation under paragraph (2)(b) it may, by written notice, require the applicant to appear before it to answer questions or provide additional information relevant to the application.



Report to the Executive Committee

15(1)               The Admissions Committee shall, after completing its inquiry under section 14, make a recommendation to the Executive Committee in writing with reasons



(a)               rejecting the application,



(b)               approving the application without conditions, or



(c)               approving the application, subject to the conditions set out in its recommendation.



15(2)               The recommendation of the Admissions Committee shall be given to the applicant and shall be final unless the applicant requests a review by the Executive Committee within 20 days after receiving the recommendation.



15(3)               In considering a review under subsection (2) the Executive Committee may by simple majority



(a)               confirm the recommendation of the Admissions Committee,



(b)               change the recommendation of the Admissions Committee and allow the application subject to such conditions the Executive Committee considers appropriate, or



(c)               refer the application to the Admissions Committee to take such action as the Executive Committee directs.



MEMBERSHIP

16                        The categories of membership, and the rights and privileges allocated to each category of membership, in the Association shall be as provided by by-law.



Application for Registration

17(1)               An application for registration as a full practice member of the Association shall be made to the Executive Committee and shall be referred to the Admissions Committee for review and recommendation.



17(2)               The Executive Committee, upon the recommendation of the Admissions Committee, may approve for registration a person who



(a)               holds a degree or diploma in Medical Radiation Technology from an institution whose accreditation is acceptable to the Association,



(b)               produces satisfactory evidence of good character, including letters of reference and, if required, evidence satisfactory to the Executive Committee of professional reputation and practice,



(c)               undertakes to comply with any reasonable requirements imposed by the Executive Committee with respect to attendance at an orientation program approved by the Executive Committee for applicants,



(d)               passes any and all exams as required by the Canadian Association of Medical Radiation Technologists or the Ordre des Technologues en Radiologie du Québec,



(e)               provides evidence satisfactory to the Executive Committee of having professional liability insurance in compliance with the by-laws,



(f)                is a citizen of Canada or is lawfully admitted to and entitled to work in Canada, and



(g)               meets all other requirements which may be prescribed in the by-laws.



17(3)               Upon compliance with subsection (2) the Executive Committee may instruct the Registrar to issue a certificate of registration to the applicant.



17(4)               The Registrar shall annually renew the certificate of registration of medical radiation technologists who meet the requirements of this Act and by-laws.



17(5)               When a person registered under this Act ceases to be a member the Executive Committee shall instruct the Registrar to strike the name of the person from the register.



17(6)               Notwithstanding anything in this Act, the Executive Committee may deny registration to any person who



(a)               has been convicted of an indictable offence,



(b)               has been refused registration in a jurisdiction outside New Brunswick,



(c)               has been removed from the register of a recognized medical radiation technologists professional association, or



(d)               for any other reason is considered unfit to practise Medical Radiation Technology in New Brunswick.



Registration by-laws

18                        The Executive Committee may make by-laws



(a)               prescribing the proofs to be furnished as to education, good character and experience,



(b)               prescribing the subjects for examination of applicants for registration as medical radiation technologists,



(c)               setting the fees to be paid to take examinations for registration,



(d)               relating to holding examinations, and the duties and functions of examiners,



(e)               respecting such other matters as the Executive Committee considers necessary or advisable with respect to the discharge of its responsibilities in examining and registering members, including the registration of persons for temporary membership.



TEMPORARY MEMBERSHIP REGISTRATION

19(1)               An application for registration as a temporary member shall be made to the Executive Committee.



19(2)               The Executive Committee may approve the temporary registration of a person who complies with the by-laws.



TITLE

20                        Any member of the Association who engages in the practice of Medical Radiation Technology may use the title "Medical Radiation Technologist" or any other words, title or designation, abbreviated or otherwise, acceptable to the Executive Committee, to indicate that the person is engaged in the practice of Medical Radiation Technology.



REGISTRATION AND FEES

Registration

21(1)               The Registrar shall maintain in accordance with the by-laws a register of all persons authorized to practise Medical Radiation Technology under this Act.



21(2)               No name shall be entered in the register other than as authorized by this Act or the by-laws, and unless the Registrar is satisfied by proper evidence that the person is entitled to be registered.



Payment of Fees

22(1)               Every member shall, on or before the first day of January of each year, or such other date established by by-law, pay to the Association the annual fees fixed by the by-laws.



22(2)               Subject to subsection (3), a member who fails to pay the annual fees as required by subsection (1) loses all rights and privileges conferred under this Act and the member's name shall not be placed in the register.



22(3)               Where a person fails to comply with subsection (1), that person may make full payment of fees within one year of the time payment was due, in which case the person's name may be added to the register effective the date of payment only.



22(4)               If payment is not made as provided by subsection (3), the person's name cannot be added to the register except upon application to the Executive Committee for approval, in which case the Executive Committee may upon consideration of the circumstances



(a)               direct the Registrar to add the person's name to the register upon payment of such fees as it considers appropriate, but in no event less than payment for one full year,



(b)               require the person to pass such examinations as it considers necessary, or



(c)               impose such other conditions as it considers in the public interest.



RIGHT TO PRACTISE

23(1)               No person shall practise Medical Radiation Technology in New Brunswick, either privately or employed by another, unless registered to practise under the provisions of this Act and by-laws.



23(2)               A corporation may be permitted to practise Medical Radiation Technology as provided under section 24.



PROFESSIONAL CORPORATIONS

24(1)               The following definitions apply in this section.



"corporation" means professional corporation. (corporation)



"permit" means a permit issued under subsection (4) and includes a renewed permit. (permis)



24(2)               A corporation may practise Medical Radiation Technology.



24(3)               Subject to subsection (5), the Registrar shall issue a permit to a body corporate that is a corporation, as defined in the Business Corporations Act, and is in good standing under that Act, if satisfied that



(a)               the name of the corporation



(i)         is restricted to the names of present and former members of the Association, and



(ii)       includes the words "professional corporation" or the abbreviation "P.C.",



(b)               a majority of the issued voting shares are legally and beneficially owned by one or more members or by one or more professional corporations, or both,



(c)               all the directors of the corporation are members of the Association and that the corporation practice of Medical Radiation Technology is managed only by directors who are members in good standing, and



(d)               all the persons who will be practising Medical Radiation Technology for the corporation



(i)         are practising members of the Association, or



(ii)       subject to the provisions of this Act and the by-laws, are employees of the corporation, acting under the supervision of a practising member in good standing.



24(4)               The Executive Committee may impose conditions on permits issued, renewed or reinstated under this Act.



24(5)               The Executive Committee may refuse to issue a permit to a corporation under subsection (3) where



(a)               the corporation has previously had its permit suspended or revoked, or



(b)               a shareholder of the corporation was a shareholder of a corporation that previously had its permit revoked.



24(6)               A corporation shall not practise Medical Radiation Technology unless it holds a valid permit issued under this Act.



24(7)               A corporation shall not carry on any activities other than the practice of Medical Radiation Technology or services that are directly associated with the practice of Medical Radiation Technology.



24(8)               Nothing in subsection (7) shall be interpreted to prohibit a corporation from investing its funds in real estate, personal property, mortgages, stocks, bonds, insurance or any other types of investments.



24(9)               No act of a corporation, including a transfer of property to or by the corporation, is invalid by reason only that it contravenes subsection (6) or (7).



24(10)            A corporation is not required, as a condition of practising Medical Radiation Technology, to obtain a municipal business license or business permit.



24(11)            No shareholder of a corporation who is a practising member shall enter into a voting trust agreement, a proxy or any other type of agreement or instrument vesting in a person who is not a practising member of the Association the authority to exercise the voting rights attached to any or all of that member's shares or restraining the practising member from freely exercising the voting rights attached to any or all of that member's shares in the corporation.



Responsibility of members of corporation

25(1)               Liability for acts or omissions as a Medical Radiation Technologist by a person who is a shareholder, director, officer, employee or contractor of a corporation shall be decided as if such acts or omissions occurred in the absence of the corporation for whom the person acted or failed to act.



25(2)               The relationship of a member to a corporation, whether as a shareholder, director, officer, employee or contractor, does not affect the application to that person of the provisions of this Act or the by-laws.



25(3)               Nothing in section 24 affects the fiduciary, confidential or ethical relationships between a Medical Radiation Technologist and the person receiving the services of that Medical Radiation Technologist.



25(4)               The relationship between a corporation carrying on the practice of Medial Radiation Technology and a person receiving the services of that corporation is subject to all applicable laws relating to the fiduciary, confidential and ethical relationships between a Medical Radiation Technologist and a patient.



25(5)               A member of the Association who, while practising Medical Radiation Technology for a corporation, acquires information relating to a patient that is confidential shall ensure that such information is not disclosed to a shareholder of the corporation who is not a member of the Association.



26                        If a permit is revoked under this Act, the Registrar shall give written notice of the revocation



(a)               to the director as defined in the Business Corporations Act, and



(b)               to the corporation, which shall forthwith cease engaging in the practice of Medical Radiation Technology.



27                        In a disciplinary proceeding under this Act



(a)               a corporation may appear by its legal counsel or other representative, and



(b)               every shareholder, director, officer, employee or contractor with the corporation



(i)         is a compellable witness, and



(ii)       may be required to produce all documents that are in their possession or power that are relevant to matters raised in the disciplinary proceeding.



Application of other provisions of Act to corporations

28                        With necessary modifications, the provisions of this Act and the by-laws apply to corporations to the same extent as to members.



Interpretation of other Acts

29                        Unless the context indicates a contrary intention, all laws that refer to a person authorized to practise Medical Radiation Technology in New Brunswick shall be read to include a corporation.



DISCIPLINE

Definitions

30                        The following definitions apply in this part.



"health professional" means a person who provides a service related to:



a)                the preservation or improvement of the health of individuals, or



b)                the diagnosis, treatment or care of individuals who are injured, sick, disabled or infirm,



and who is regulated under a private Act of the Legislature with respect to the provision of the service and includes a social worker registered under the New Brunswick Association of Social Workers Act, 1988. (professionnel de la santé)



"hearing" means a hearing conducted by a committee. (audience)



"incapacitated" means, in relation to a member, that the member is suffering from a physical or mental condition or disorder that makes it desirable in the interest of the public that the member no longer be permitted to practice or that the member's practice be restricted, and "incapacity" has a corresponding meaning. (incapable ou incapacité)



"incompetence" means, in relation to a member, that the member's professional care of a patient displays a lack of knowledge, skill or judgement or disregard for the welfare of the patient of a nature or to an extent that demonstrates that the member is unfit to continue to practice or that the member's practice should be restricted. (incompétence)



"member" means a person who is a member of the Association. (membre)



Professional misconduct

31                        A member has committed an act of professional misconduct if



(a)               the member has pleaded guilty to or been found guilty of an offence that, in the opinion of the Discipline and Fitness to Practise Committee, is relevant to the member's suitability to practise,



(b)               the governing body of a health profession in a jurisdiction other than New Brunswick has found that the member committed an act of professional misconduct that would, in the opinion of the Discipline and Fitness to Practise Committee, constitute professional misconduct under this Act,



(c)               the member has digressed from established or recognized professional standards or rules of practice of the profession,



(d)               the member has committed an act of professional misconduct as defined in the regulations,



(e)               the member has violated or failed to comply with this Act or the regulations,



(f)                the member has violated or failed to comply with a term, condition or limitation imposed on the member's certificate of registration,



(g)               the member has failed to submit to an examination ordered by the Executive Committee under section 59,



(h)               the member has sexually abused a patient, or



(i)                the member has failed to file a report pursuant to section 61.



Complaints Committee

32(1)               The Association shall have a standing committee, called the Complaints Committee.



32(2)               The Executive Committee shall appoint the members of the Complaints Committee, whose composition shall be as follows:



(a)               four active members, at least one of whom shall be proficient in both English and French; and



(b)               one person who has never been a registered Medical Radiation Technologist.



32(3)               The Executive Committee shall appoint a chairperson for the Complaints Committee from among the persons appointed to the Committee.



32(4)               No person who is a member of the Complaints Committee shall be appointed a member of the Discipline and Fitness to Practise Committee.



32(5)               Three members of the Committee, one of whom shall be a person who has never been a registered Medical Radiation Technologist, constitute a quorum and a decision may be made by majority vote.



Complaints

33(1)               A person may make a complaint to the Registrar regarding the conduct, competency or capacity of a member.



33(2)               A complaint shall be in writing and shall include the complainant's name and mailing address.



33(3)               Upon receipt of a complaint under subsection (1) it shall be immediately referred to the Complaints Committee for investigation.



Request by Registrar for Investigation

34                        In the absence of a complaint, if the Registrar has reason to believe that the conduct or actions of a member may constitute professional misconduct, incompetence or incapacity, the Registrar may request the Complaints Committee to investigate the member.



Investigation by Complaints Committee

35(1)               The Complaints Committee shall consider and investigate complaints regarding the conduct, competency or capacity of a member, but no action shall be taken by the Committee under subsection (2) unless



(a)               the member being investigated has been notified of the complaint and given 30 days in which to submit in writing to the Committee any explanations or representations the member may wish to make concerning the complaint, and



(b)               the Committee has examined or has made every reasonable effort to examine relevant information and documents relating to the complaint.



35(2)               After completion of the investigation, and after considering the submission of the member under subsection (1), if any, the Complaints Committee may



(a)               direct that no further action be taken if, in its opinion, the complaint is frivolous or vexatious or there is insufficient evidence of professional misconduct, incompetence or incapacity,



(b)               refer, in whole or in part, the allegations of professional misconduct, incompetence or incapacity to a Discipline and Fitness to Practise Committee,



(c)               caution the member and, if it considers it appropriate, require an undertaking by the member in respect of a specified act or omission, or



(d)               take such other action as it considers appropriate in the circumstances to resolve the complaint as long as such is consistent with this Act or by-laws.



35(3)               The Complaints Committee shall give a summary of its findings and decision in writing to the Registrar to deliver or send by registered or certified mail to the complainant, if any, and the member complained against.



35(4)               Nothing in this section requires that examinations ordered under section 59 be carried out before the Complaints Committee acts under subsection (2).



Request for review of complaint by Executive Committee

36(1)               A complainant who is not satisfied with the disposition of the complaint by the Complaints Committee may apply to the Executive Committee within 30 days of receipt of decision of the Committee for a review of the treatment of the complaint.



36(2)               Upon a review under subsection (1) the Executive Committee may by resolution



(a)               dismiss the complaint,



(b)               refer the complaint back to the Complaints Committee with such instructions as it considers necessary with respect to further investigation and disposition under subsection 35(2), or



(c)               appoint a Discipline and Fitness to Practise Committee to hold a hearing and determine any allegations of professional misconduct, incompetence or incapacity on the part of a member that the Executive Committee considered appropriate.



Appointment of Discipline and Fitness to Practise Committee

37(1)               Where the Complaints Committee refers allegations of professional misconduct, incompetence or incapacity of a member to a Discipline and Fitness to Practise Committee, or where the Executive Committee does so under paragraph 36(2)(b), the Executive Committee shall appoint the Committee as soon as possible, but not later than 21 days after the decision of the Complaints Committee, or the decision of the Executive Committee under paragraph 36(2)(c).



37(2)               A Discipline and Fitness to Practise Committee shall be composed of



(a)               4 active members, and



(b)               one person who has never been registered as a Medical Radiation Technologist.



37(3)               Three members of a Discipline and Fitness to Practise Committee, one of whom has never been a registered Medical Radiation Technologist, constitute a quorum, and all disciplinary decisions require the vote of a majority of the members present at the hearing.



Hearing by Discipline Committee

38(1)               A Discipline and Fitness to Practise Committee shall hold a hearing respecting the allegations of professional misconduct, incompetence or incapacity of a member that have been referred to it by the Complaints Committee under paragraph 35(2)(b) or by the Executive Committee under paragraph 36(2)(b).



38(2)               Subject to subsection (3), a Discipline and Fitness to Practise Committee shall commence a hearing as soon as possible, but not later than sixty days after the date on which the last member of the Committee is appointed by the Executive Committee, unless the parties otherwise agree.



38(3)               A Discipline and Fitness to Practise Committee shall, not less than thirty days before the date set for the hearing, serve on the Association, the member against whom the complaint has been made, and the complainant, if any, a notice of hearing in a form prescribed by by-law setting out the date, time and place of the hearing.



38(4)               Members of a Discipline and Fitness to Practise Committee holding a hearing shall not have taken part before the hearing in any investigation of the subject matter of the hearing, and shall not communicate directly or indirectly in relation to the subject matter of the hearing with any person or with any party or representative of the party, except upon notice to and opportunity for all parties to participate, but the Committee may seek legal advice.



38(5)               No member of a Discipline and Fitness to Practise Committee shall participate in the decision of the Committee unless the member was present throughout the hearing and heard the evidence and argument of the parties.



38(6)               Where the registration and certificate of registration of a member of a committee who is a registered Medical Radiation Technologist expires after a hearing commences or where the term of appointment of a committee member expires after a hearing commences, the member shall be deemed to remain a member of the Committee for the purpose of disposing of that matter.



Notice of hearing

39(1)               The notice to the member against whom the complaint has been made shall describe the subject matter of the hearing and advise the member that the Discipline and Fitness to Practise Committee may proceed with the hearing in the absence of the member.



39(2)               The Discipline and Fitness to Practise Committee may at any time permit a notice of hearing of allegations against a member to be amended to correct errors or omissions of a minor or clerical nature if it is of the opinion that it is just and equitable to do so and it may make any Order it considers necessary to prevent prejudice to the member.



39(3)               The Discipline and Fitness to Practise Committee, on proof of service of the notice of hearing on the member against whom a complaint is made, may



(a)               proceed with the hearing in the absence of the member, and



(b)               without further notice to the member, take any action that is authorized to be taken under this Act or by-laws.



39(4)               If any other matter concerning the conduct or actions of the member against whom the complaint has been made arises during the course of the hearing, the Discipline and Fitness to Practise Committee may investigate and hear the matter, but not before advising the parties of its intention to do so and shall ensure that the member is given a period of not less than thirty days to respond to the matter.



Sanctions by Discipline Committee

40(1)               On the completion of a hearing, the Discipline and Fitness to Practise Committee may



(a)               dismiss the complaint, or



(b)               find that the member has committed an act of professional misconduct, is incompetent or incapacitated or any combination of them.



40(2)               If the Discipline and Fitness to Practise Committee finds that the member has committed an act of professional misconduct, or finds that the member is incompetent or incapacitated, it may, by order, do one or more of the following as in its opinion it considers appropriate to the circumstances:



(a)               reprimand the member;



(b)               require the member to waive, reduce or repay a fee for services provided by the member that, in the opinion of the Committee, were not provided or were improperly provided;



(c)               impose a fine to a maximum of twenty thousand dollars to be paid by the member to the Association;



(d)               impose specified terms, conditions and limitations on the member's right to practise for a specified period of time or until specified conditions are satisfied, including the requirement to successfully complete specified courses of study or requiring that the member



(i)         engage in the practice of Medical Radiation Technology only under the personal supervision and direction of another member,



(ii)       not alone engage in the practice of Medical Radiation Technology,



(iii)    accept periodic inspections by the Committee, or its delegate, of the books, accounts, records and work of the member in connection with the member's practice,



(iv)      report to the Registrar, or to such committee of the Executive Committee as the Committee may specify, on such matters with respect to the member's practice for such period and times, and in such form, as the Committee may specify;



(e)               suspend the member's membership for a specified period of time or until specified criteria are satisfied;



(f)                revoke the member's membership, in which case the Discipline and Fitness to Practise Committee may order that the member not be permitted to apply for reinstatement before a period of time it specifies has elapsed;



(g)               direct the Registrar to give public notice of any order by the Committee that the Registrar is not otherwise required to give under this Act;



(h)               where the Registrar is not otherwise to do so, direct the Registrar to enter the result of the proceeding before the Discipline and Fitness to Practise Committee in the records of the Association and to make the result available to the public;



(i)                fix the costs of any investigation or procedures by the Complaints Committee and the Discipline and Fitness to Practise Committee to be paid by the member to the Association; or



j)                  make such other order as the Committee considers appropriate.



40(3)               Where a committee finds that a member has committed an act of professional misconduct or is incompetent or incapacitated, the parties to the hearing and the complainant or the complainant's counsel may, before the penalty is determined, make submissions to the committee as to the penalty and the parties may, subject to the discretion of the committee, call further evidence in respect to the penalty.



40(4)               The costs and expenses payable under paragraph (2)(i) may be agreed upon by consent or taxed by the Registrar of The Court of Queen's Bench of New Brunswick as between solicitor and client on filing with the Registrar the order of the Committee and on payment of fees prescribed by the Rules of Court, and judgment may be entered for such taxed costs in Form 1, with such modifications as are necessary.



40(5)               For the purposes of this Act, "costs" includes



a)                all legal and other costs, expenses or disbursements incurred by the Association, the Executive Committee, the Admissions Committee, the Complaints Committee or the Discipline and Fitness to Practise Committee in relation to an investigation, proceeding, hearing or appeal;



b)                honoraria and expenses paid to members of the Association, the Executive Committee, the Admissions Committee, the Complaints Committee or the Discipline and Fitness to Practise Committee in relation to an investigation, proceeding, hearing or appeal;



c)                  the legal costs, expenses and disbursements incurred by any party to an investigation, proceeding, hearing or appeal.



Costs against Association

41                        The Discipline and Fitness to Practise Committee, if it is of the opinion that the hearing was unwarranted, may order the Association to pay all or part of the member's legal costs.



Decision

42(1)               The Discipline and Fitness to Practise Committee shall state in writing its findings, the grounds for its findings and the penalty imposed, and shall serve a copy of it on the parties and to the complainant, if any, along with a statement of the rights of the parties to appeal the decision to The Court of Appeal of New Brunswick.



42(2)               Subject to section 49, an Order of the Discipline and Fitness to Practise Committee under subsection 40(2) takes effect immediately, or at such other time as the Committee may direct, notwithstanding that an appeal has been taken from the Order.



Suspension on failure to pay fine and costs

43                        Where a member fails to pay a fine or costs imposed under subsection 40(2) within the time ordered, the Registrar may, without notice to the member, suspend the membership of the member until the fine or costs are paid and shall serve the member with notice of the suspension.



Suspension for violation of order

44(1)               The Executive Committee, if it is satisfied that a member has violated or failed to comply with an Order of the Discipline and Fitness to Practise Committee, may without notice to the member, revoke or suspend the member's membership.



44(2)               The Registrar shall send the member a written notice of the revocation or suspension under subsection (1).



Decision and record to Registrar

45(1)               The Discipline and Fitness to Practise Committee shall forward to the Registrar



(a)               its written decision, and



(b)               the record of the hearing and all documents and other things put into evidence.



45(2)               Within a reasonable time after the matter in issue has been finally determined, the Registrar shall release documents and other things put into evidence at a hearing on the request of the person who produced them.



Discipline Procedure

46(1)               In a hearing before the Discipline and Fitness to Practise Committee, the Association and the member against whom a complaint is made are parties to the hearing and may be represented by counsel.



46(2)               The Discipline and Fitness to Practise Committee may obtain legal advice with respect to the hearing from an advisor independent from the witnesses.



46(3)               A member against whom a complaint is made shall be given, at least 10 days before the hearing, an opportunity to examine any written or documentary evidence that will be produced, or any report the contents of which will be given in evidence at the hearing.



46(4)               The member against whom a complaint has been made shall give the Association at least ten days before the hearing, in the case of evidence of an expert, the identity of the expert and a copy of the expert's written report or, if there is no written report, a summary of the evidence of the expert.



46(5)               The Discipline and Fitness to Practice Committee may, in its discretion, allow the introduction of evidence that has not been disclosed under subsection (3) or (4) and may make such directions it considers necessary to ensure that the member or the Association is not prejudiced, as the case may be.



46(6)               Hearings of the Discipline and Fitness to Practise Committee shall be held in private unless the party whose conduct is being investigated requests otherwise by notice delivered to the Registrar at least five days before the day fixed for the hearing.



46(7)               Oral evidence taken before the Discipline and Fitness to Practise Committee shall be recorded, and if a party requests a copy of the transcript, it shall be furnished at that party's expense.



46(8)               In the conduct of a hearing before the Discipline and Fitness to Practise Committee



(a)               the parties shall be allowed to call evidence and to cross-examine witnesses,



(b)               the Committee, subject to this Act, may determine its own rules of procedure,



(c)               the Committee is not bound by the rules of evidence which apply in judicial proceedings,



(d)               the Committee may adjourn the hearing from time to time at the request of the parties upon reasonable grounds being shown,



(e)               the burden of proof is the same as in civil cases,



(f)                the member against whom the complaint is made is a compellable witness, and



(g)               a witness shall not be excused from answering any question on the ground that the answer



(i)         tends to incriminate,



(ii)       might subject the witness to punishment under this Act, or



(iii)    might tend to establish liability in a civil proceeding or liability to prosecution.



46(9)               The complainant, if any, may attend the hearing before the Discipline and Fitness to Practise Committee in its entirety with or without counsel, and may make a written or oral submission to the Committee before the calling of evidence and after the completion of evidence.



46(10)            Notwithstanding subsection (9), at the request of a witness whose testimony is in relation to allegations of a member's misconduct of a sexual nature involving the witness, the Discipline and Fitness to Practise Committee may exclude a complainant from the portion of the hearing that receives the testimony of the witness.



46(11)            In subsection (10), "allegations of a member's misconduct of a sexual nature" means allegations that the member sexually abused the witness when the witness was a patient of the member.



Attendance of witnesses

47(1)               The Discipline and Fitness to Practise Committee, or someone designated by it to act on its behalf, may by summons in a form prescribed by by-law on the written request of any party to the proceedings, require the attendance before it of any person whose evidence may be material to the subject matter of the hearing and may order any person to produce such records, reports or other documents as appear necessary for the purpose of the hearing.



47(2)               A person served with a summons shall attend and answer all questions concerning matters being inquired into at the hearing and shall produce to the Discipline and Fitness to Practise Committee all records, reports or other documents that are under the person's custody or control.



47(3)               The testimony of a witness may be taken under oath or affirmation administered by the chairperson of the Discipline and Fitness to Practise Committee or any person designated to do so on the chairperson's behalf.



47(4)               If a person on whom a summons has been served, either personally or by leaving a copy with some adult person at the person's last or most usual place of residence or business, fails to appear before the Discipline and Fitness to Practise Committee or upon appearing refuses to be sworn or refuses without sufficient cause to answer any question relevant to the hearing, the Committee may by application to the Court, cause the person to be cited for contempt under the provisions of the Rules of Court in the same manner and to the same extent as if the alleged contempt took place in proceedings before the Court.



47(5)               If the person referred to in subsection (4) is a member, the failure or refusal to attend and give evidence is professional misconduct.



47(6)               A person, other than the member whose conduct is the subject of the hearing, who is served with a summons under this section shall be tendered the same fees as are payable to a witness in an action in The Court of Queen's Bench of New Brunswick at the time the summons is served.



Appeal

48(1)               A party to a proceeding before the Discipline and Fitness to Practise Committee may appeal within 30 days from the date of the decision or order of the Committee to The Court of Appeal of New Brunswick by way of Notice of Application in accordance with the Rules of Court.



48(2)               When requested by a party intending to appeal, and on payment of any reasonable expenses relating to the request, the Registrar shall provide the party with a copy of all or part of the record of the proceedings, including the documents received in evidence and the decision or Order being appealed.



48(3)               An appeal under this section shall be based on the record of the proceedings before the Discipline and Fitness to Practise Committee and its decision, and may be on questions of law or fact, or both.



48(4)               On an appeal from the decision of the Discipline and Fitness to Practise Committee the Court may



(a)               affirm, vary or reverse the decision of the Committee,



(b)               exercise all powers of the Committee,



(c)               substitute its decision for that of the Committee,



(d)               refer the matter back to the Committee for rehearing in whole or in part, in accordance with such directions as the Court considers proper, or



(e)               make any other Order it considers appropriate with respect to costs.



Application for stay

49(1)               A member who appeals an Order of the Committee may apply to the Court for a stay of the Order of the Discipline and Fitness to Practise Committee pending the disposition of the appeal, and the Court may make any Order it considers appropriate.



49(2)               A member shall give the Association at least one week's notice of an application under subsection (1) to stay an Order of the Committee.



Notice of Discipline

50(1)               The Registrar shall give public notice of the suspension or revocation of a member's membership as a result of proceedings before a Discipline and Fitness to Practise Committee.



50(2)               Public notice under subsection (1) shall state the finding of the Discipline and Fitness to Practise Committee and the penalty imposed and, in the case of a finding of professional misconduct, a brief description of the nature of the professional misconduct, and shall be given within two weeks after the finding of the Committee.



Records to be made available to the public

51(1)               The Registrar shall enter forthwith in the records of the Association



(a)               a summary of the result of every proceeding before a Discipline and Fitness to Practise Committee that



(i)         resulted in suspension or revocation of membership, or



(ii)       was directed to be entered in the records of the Association and made available to the public, and



(b)               where the finding of a Discipline and Fitness to Practise Committee that resulted in the suspension or revocation of membership or was directed to be entered into the records of the Association is appealed, a notation that it is under appeal.



51(2)               Where an appeal of a finding of a Discipline and Fitness to Practise Committee is finally disposed of, the notation referred to in paragraph (1)(b) shall be removed and the records adjusted accordingly.



51(3)               The Registrar shall provide the information contained in the records referred to in subsection (1) to any person who inquires about a member or former member



(a)               for an indefinite period if the member or former member was found to have sexually abused a patient, and



(b)               for a period of 5 years following the conclusion of the proceedings referred to in subsection (1) in all other cases.



51(4)               The Registrar, upon payment of a reasonable fee, shall provide a copy or a statement of the information contained in the records referred to in subsection (1) that pertain to a member or former member to a person who requests a copy.



51(5)               Notwithstanding subsection (4), the Registrar may provide, at the Association's expense, a written statement of the information contained in the records in place of a copy.



51(6)               For the purpose of paragraph (1)(a), "result", when used in reference to proceedings before a Discipline and Fitness to Practise Committee means the Committee's findings and the penalty imposed, and in the case of a finding of professional misconduct, a brief description of the nature of the professional misconduct.



Member to return Certificate of Registration

52                        A member whose certificate of registration has been suspended or revoked shall immediately return his or her certificate of registration to the Registrar.



INVESTIGATIONS

Power to Investigate and Appointment and Powers of Investigator

53(1)               In the absence of a complaint, the Executive Committee, if it has a reason to believe that the conduct or actions of a member may constitute professional misconduct, incompetence or incapacity, may investigate the member with respect to the misconduct, incompetence or incapacity.



53(2)               The Executive Committee may appoint one or more investigators to assist in an investigation under subsection (1), or to assist the Complaints Committee in any investigation it is required to conduct under this Act.



53(3)               An investigator appointed by the Executive Committee may at any reasonable time, and upon producing proof of appointment, enter and inspect the business premises of a member and examine anything found there that the investigator has reason to believe will provide evidence in respect of the matter being investigated.



53(4)               Subsection (1) applies notwithstanding any provision in any Act relating to the confidentiality of health records.



Search Warrant

54(1)               The Court may, upon the application of an investigator, issue a warrant authorizing the investigator to enter and search a place and examine anything that is relevant to the investigation, if the Court is satisfied that the investigator has been properly appointed and there are reasonable grounds for believing that



(a)               the member being investigated has committed an act of professional misconduct, is incompetent or incapacitated, and



(b)               there is something that the investigator has reason to believe will provide evidence in respect to the matter being investigated.



54(2)               An investigator entering and searching a place under the authority of a warrant issued under subsection (1) may be assisted by other persons and may enter a place by force.



54(3)               An investigator entering and searching a place under the authority of a warrant issued under subsection (1), shall produce identification and a copy of the warrant, upon request, to any person at that place.



54(4)               A person conducting an entry or search who finds anything not described in the warrant that the person believes on reasonable grounds will provide evidence in respect of the matter being investigated, may seize and remove that thing.



Copy and Removal of Documents

55(1)               An investigator may copy, at the expense of the Association, any document that the investigator may examine under subsection 53(3) or under the authority of a warrant under subsection 54(1).



55(2)               An investigator may remove any document referred to in subsection (1) if it is not practicable to copy it in the place where it is examined or a copy is not sufficient for the purposes of the investigation and may remove any object that is relevant to the investigation and shall provide the person in whose possession it was with a receipt for the document or object.



55(3)               An investigator, where a copy can be made, shall return the document removed under subsection (2) within a reasonable time.



55(4)               A copy of a document certified by an investigator to be a true copy shall be received in evidence in any proceeding to the same extent and shall have the same evidentiary value as the document itself.



56                        An investigator shall report the results of the investigation to the Executive Committee in writing.



Responsibilities of Member

57(1)               A member who is being investigated under this Act shall cooperate with the Executive Committee and the investigator, and shall produce all documents and disclose to the Executive Committee or the investigator all information that may be relevant to the investigation.



57(2)               No person shall obstruct, or cause to be obstructed, an investigator while the investigator is performing duties under this Act.



57(3)               No person shall withhold, conceal or destroy, or cause to be withheld, concealed or destroyed, anything that is relevant to an investigation under this Act.



57(4)               A member who violates subsection (1), (2) or (3) commits an act of professional misconduct.



ACTION BY EXECUTIVE COMMITTEE TO PROTECT PUBLIC

58(1)               If the Executive Committee considers it necessary for the protection of the public during an investigation of a member or pending the conduct and completion of proceedings under this Act in respect of a member, the Executive Committee may



(a)               direct the Registrar to impose specified terms, limitations and conditions on the member's right to practise, or



(b)               direct the Registrar to suspend the member's right to practise.



58(2)               Where the Executive Committee intends to take action under subsection (1), it shall notify the member of its intention in writing and give the member ten days after the notice is received by the member to make representation to the Executive Committee in respect of the matter.



58(3)               Where the Executive Committee takes action under subsection (1), it shall notify the member of its decision in writing and of the reasons for the decision.



58(4)               A decision under subsection (1) is not effective until five days after the notice is mailed by prepaid or registered mail to the member at the last recorded address in the Association's register.



58(5)               A member against whom action is taken under subsection (1) may apply to The Court of Queen's Bench of New Brunswick for an order staying the action of the Executive Committee.



EXAMINATION OF MEMBER

59(1)               Where the Executive Committee has reasonable grounds to believe that a member who is the subject of an investigation is incapacitated, it may require the member to submit to physical or mental examinations, or both, by one or more health professionals selected by the Executive Committee and, subject to subsection (4), may make an order directing the Registrar to suspend the member's right to practise until the member submits to the examinations.



59(2)               Where the Executive Committee has reasonable grounds to believe that a member who is the subject of an investigation is incompetent, the Executive Committee may require the member to submit to such examinations as the Executive Committee may require in order to determine whether the member has adequate skill and knowledge to practise Medical Radiation Technology and, subject to subsection (4), may make an order directing the Registrar to suspend the member's certificate of registration until the member submits to the examinations.



59(3)               No Order shall be made with respect to a member by the Executive Committee unless the member has been given



(a)               notice of the intention of the Executive Committee to make the Order, and



(b)               at least 10 days to make written submissions to the Executive Committee after receiving the notice.



59(4)               A person who conducts an examination pursuant to this section shall prepare and sign an examination report containing the findings and facts on which they are based, and shall deliver the report to the Executive Committee.



59(5)               The Executive Committee shall forthwith deliver a copy of the examination report to the member who is the subject of the examination.



59(6)               A report prepared and signed by a person under subsection (5) is admissible as evidence at a hearing without proof of its making or of the person's signature if the party introducing the report gives the other party a copy of the report at least 10 days before the hearing.



59(7)               The Executive Committee, at any time after requiring a member to submit to examinations under this section, may refer the matter of the member's alleged incapacity or incompetence to a Discipline and Fitness to Practise Committee.



SEXUAL ABUSE OF PATIENT

Definition

60(1)               Sexual abuse of a patient by a member includes, but is not limited to



(a)               sexual intercourse or other forms of physical sexual relations between the member and the patient,



(b)               touching, of a sexual nature or in a sexual manner, of the patient by the member, or



(c)               behavior or remarks of a sexual nature by the member towards the patient.



60(2)               For the purposes of subsection (1), "sexual nature" does not include touching, behavior or remarks of a clinical nature appropriate to the service provided.



Reporting sexual abuse

61(1)               A member who, in the course of practice, has reasonable grounds to believe that another health professional has sexually abused a patient or client and who fails to file a report in writing in accordance with subsection (5) with the Registrar or governing body of the member within 21 days after the circumstances occur that gave rise to the reasonable grounds for the belief commits an act of professional misconduct.



61(2)               No action or proceeding shall be taken against a member who in good faith files a report under subsection (1).



61(3)               A member is not required to file a report pursuant to subsection (1) if the member does not know the name of the member who would be the subject of the report.



61(4)               If the reasonable grounds for filing a report under subsection (1) have been obtained from one of the member's patients, the member shall use his or her best efforts to advise the patient that the member is filing the report before doing so.



61(5)               A report referred to in subsection (1) shall contain the following information:



(a)               the name of the member filing the report,



(b)               the name of the member who is the subject of the report,



(c)               the information the member has of the alleged sexual abuse, and



(d)               subject to subsection (6), if the grounds of the member filing the report are related to a particular patient or client of the member who is the subject of the report, the name of the patient or client.



61(6)               The name of a patient or client who may have been sexually abused shall not be included in a report unless the patient or client or, if the patient or client is incapable, the patient's or client's representative, consents in writing to the inclusion of the patient's or client's name.



Measures to prevent sexual abuse

62(1)               The Association shall undertake measures for the prevention of sexual abuse of patients by its members.



62(2)               Such measures referred to in subsection (1) shall include



(a)               education of members about sexual abuse,



(b)               guidelines for the conduct of members with patients,



(c)               providing information to the public respecting such guidelines, and



(d)               informing the public as to the complaint procedures under this Act.



62(3)               Measures referred to in subsection (2) may, where appropriate, be taken jointly with other organizations or associations of health professionals.



Executive Committee to report to Minister

63(1)               The Executive Committee shall report to the Minister of Health and Wellness within 2 years after the commencement of this section, and within 30 days at any time thereafter on the request of the Minister, respecting the measures it is taking and has taken to prevent and deal with the sexual abuse of patients by members of the Association.



63(2)               The Executive Committee shall report to the Minister of Health and Wellness respecting all complaints received during the calendar year respecting sexual abuse of patients by members or former members of the Association.



63(3)               A report under subsection (2) shall be made within 2 months after the end of each calendar year and shall contain the following information:



(a)               the number of complaints received during the calendar year for which the report is made and the date each complaint was received;



(b)               with respect to each complaint received during the calendar year for which the report is made



(i)         a description of the complaint in general non-identifying terms,



(ii)       the decision of the Executive Committee with respect to the complaint and the date of the decision,



(iii)    if allegations are referred to the Discipline and Fitness to Practice Committee, the findings and decision of the Committee and the date of the decision, and



(iv)      whether an appeal was made from the findings and decision of the Discipline and Fitness to Practice Committee and the date and outcome of the appeal; and



(c)               with respect to each complaint reported in a previous calendar year, a report on the status of the complaint in accordance with paragraph (b) if the proceedings initiated as a result of the complaint were not finally determined in the calendar year in which the complaint was first received.



OFFENCES

64(1)               Any person not registered to practice as a Medical Radiation Technologist under this Act, or whose registration is revoked or suspended, and who



(a)               practises as a Medical Radiation Technologist,



(b)               uses the title of Medical Radiation Technologist, or makes use of any abbreviation of such title, or any name, title or designation which may lead to the belief that the person is a Medical Radiation Technologist, or



(c)               advertises in any way or by any means represents to be a Medical Radiation Technologist,



commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category H offence.



64(2)               Any person who procures or attempts to procure admission to the Association for that person or another by making, or causing to be made, any false or fraudulent representation or declaration, either oral or written, or who makes any false statement in any application, declaration or other document under this Act or the by-laws, commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category H offence.



65                        Where an offence under this Act is committed by a corporation, including a professional corporation, every director, manager, secretary or other officer of that corporation who has assented to the commission of the offence is a party to the offence.



66                        In any prosecution under this Act, it shall be sufficient proof of an offence if it is proved that the accused has done or committed a single act of unlawful practice, or has committed on one occasion any of the acts prohibited by this Act.



67                        Any information alleging an offence under this Act may be laid in accordance with the Provincial Offences Procedure Act in the name of the Association on oath or solemn affirmation of the Registrar or of a person authorized by the Executive Committee.



68(1)               Where an offence under this Act continues for more than one day,



(a)               the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues, and



(b)               the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues.



68(2)               All fines recoverable under this Act shall be paid to the Association, and shall form part of its funds.



69(1)               The Court may, on application by the Association and on being satisfied that there is reason to believe that a person has violated or will violate this Act or a by-law, or has been charged with or convicted of an offence, and it is probable that the person will in future commit or continue to commit the offence, grant an injunction restraining the person from committing or continuing to commit such acts and, pending disposition of the application seeking the injunction, the Court may grant an interim injunction.



69(2)               An injunction granted under this section may be enforced in the same manner as an injunction granted to enjoin a civil wrong.



69(3)               A contravention may be restrained under subsection (1) whether or not a penalty or other remedy has been provided by this Act or the regulations made under this Act.



EXCLUSIONS

70                        Nothing in this Act shall be construed to prevent a person



(a)               from practising medicine under the Medical Act,



(b)               from carrying on any occupation, calling or profession authorized by an Act of the Province,



or require the person to become registered under this Act to perform such functions.



GENERAL

71                        No action lies against members, officers or directors of the Association, the Executive Committee, or any committees of the Association or its employees or agents for anything done in good faith under the provisions of this Act or the by-laws or for the neglect or default in the performance or exercise in good faith of the duty or power.



72                        No member shall be personally liable for any debt of the Association beyond the amount of that member's unpaid dues, fees or other amounts for which a member may become liable under this Act or the by-laws.



73                        No action against a member of the Association for negligence or malpractice in the practice of Medical Radiation Technology shall be commenced except within



(a)               2 years from the day the person commencing the action knew or ought to have known the facts upon which the person alleges negligence or malpractice; or



(b)               where the person entitled to bring an action is, at the time where the cause of action arises, a minor, a mental incompetent, or a person of unsound mind, 2 years from the date when such person becomes of full age, or of sound mind or as the case may be, whichever is longer.



74(1)               All persons who are members of the Association on the day this Act comes into force shall continue as members under this Act.



74(2)               All committees in effect on the day this Act comes into force shall continue to act under An Act to Incorporate the Canadian Society of Radiological Technicians New Brunswick Division, chapter 78 of the Acts of New Brunswick, 1958, amended by An Act to Amend An Act to Incorporate the Canadian Society of Radiological Technicians New Brunswick Division, chapter 89 of the Acts of New Brunswick, 1981, until replaced or reconstituted under the provisions of this Act.



74(3)               All applications for membership in the Association, and all disciplinary proceedings in progress on the day this Act comes into force, shall be continued and disposed of under An Act to Incorporate the Canadian Society of Radiological Technicians New Brunswick Division, chapter 78 of the Acts of New Brunswick, 1958, amended by An Act to Amend An Act to Incorporate the Canadian Society of Radiological Technicians New Brunswick Division, chapter 89 of the Acts of New Brunswick, 1981.



74(4)               All complaints and investigations concerning matters of discipline, incompetence or incapacity received after this Act comes into force shall be dealt with under this Act notwithstanding when the subject matter of the complaint arose.



75                        An Act to Incorporate the Canadian Society of Radiological Technicians New Brunswick Division, chapter 78 of the Acts of New Brunswick, 1958, amended by An Act to Amend An Act to Incorporate the Canadian Society of Radiological Technicians New Brunswick Division, chapter 89 of the Acts of New Brunswick, 1981, is repealed, provided that all regulations made under the provisions of that Act, and in effect at the time of its repeal, shall continue in effect, with such modifications as the circumstances require, until repealed, amended, or replaced by by-laws enacted under the provisions of this Act.



FORM 1

IN THE COURT OF QUEEN'S BENCH |OF NEW BRUNSWICK

JUDGMENT

A Discipline and Fitness to Practise Committee having on the   day of , 20, ordered that   pay all or part of the costs of the New Brunswick Association of Medical Radiation Technologists on a hearing before the Committee; and



The costs including disbursements of the New Brunswick Association of Medical Radiation Technologists having been taxed by the Registrar of The Court of Queen's Bench of New Brunswick on the   day of , 20;



It is this day adjudged that the New Brunswick Association of Medical Radiation Technologists recover from   the sum of $ .



DATED this   day of , 20.



Registrar

Court of Queen's Bench of
New Brunswick

 

Amendment : Section 70

Add after paragraph 70(b) the following:

(c) from carrying on the practice of a nurse or nurse practitioner under the Nurses Act,

(d) from carrying on the practice of a dentist under the New Brunswick Dental Act, 1985,


Legislative Assembly of New Brunswick
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