First Session, 47th

General Assembly

61 Elizabeth II,

BILL 28

AN ACT TO AMEND THE PSYCHOLOGISTS

ACT, 2005

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

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

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

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

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

HONOURABLE SUSAN

SULLIVAN

Minister of Health

and Community Services

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Psychologists Act, 2005 to

state the objects of the board;

amend the duties of the

registrar;

allow the board to grant

temporary registration to a psychologist registered in another jurisdiction;

establish a quality assurance

program that includes continuing education and professional development; and

incorporate quality assurance

measures by authorizing the appointment of a quality assurance committee to

perform quality assurance reviews, and by requiring compliance with those

reviews.

A BILL

AN ACT TO AMEND THE PSYCHOLOGISTS ACT, 2005

Analysis

Part I Heading Added

PART I

BOARD

S.3 Amdt.

Board

S.9 R&S

Duties of registrar

Part II Heading Added

PART II

REGISTRATION

S.10 R&S

Application for registration

S.10.1 Added

Full registration

S.11 Amdt.

Provisional registration

S.11.1 Added

Temporary registration

Part III Heading Added

PART III

DISCIPLINE

S.15 Amdt.

Committees

S.18 Amdt.

Complaints authorization committee

S.24 Amdt.

Filing and publication of decisions

S.28 R&S

Costs

Part IV Added

PART IV

QUALITY ASSURANCE

30.1 Quality assurance

program

30.2 Quality assurance

committee

30.3 Assessment

30.4 Report and

compliance

30.5 Costs

30.6 Termination of

review

30.7 Duty to report

Part V Heading Added

PART V

GENERAL

S.31.1 & 31.2 Added

31.1 Notice of change

31.2 Non-resident

psychologists

S.33 R&S

Action prohibited

S.34 Amdt.

By-laws

S.35 Amdt.

Regulations

Part VI Heading Added

PART VI

TRANSITION, REPEAL AND COMMENCEMENT

21. Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

SNL2005 cP-34.1

as amended

1. The Psychologists

Act, 2005 is amended by adding immediately after

section 2 the following:

PART I

BOARD

Section 3 of the Act is amended by adding

immediately after subsection (1) the following:

(1.1) The objects of the board include

(

a) the promotion of

(

i) high standards of practice, and

(ii) continuing competency and quality improvement

through continuing education;

(

b) the administration of a registration program;

and

(

c) ensuring that the public interest is protected

by the administration of a quality assurance program and a discipline process.

Section 9 of the Act is repealed and the

following substituted:

Duties of

registrar

(1) The

registrar is the secretary of the board and shall

(

a) keep a record of the proceedings of the board;

(

b) maintain a register containing the names of

the persons holding certificates of registration together with other information

that the board may require;

(

c) maintain a website which shall be available to

the public and shall include

(

i) the annual report,

(ii) the register,

(iii) the regulations,

(iv) the by-laws, and

(

v) other information required by the regulations;

and

(

d) carry out other duties required by the Act and

the regulations or as may be assigned by the board.

(2) The registrar shall make the registers of the

board available for inspection by the public on reasonable notice and at

reasonable times.

(3) Upon request, and the payment of a reasonable

fee, the board shall provide the information on its website in paper form.

4. The Act is amended by adding immediately after

section 9 the following:

PART II

REGISTRATION

Section 10 of the Act is repealed and the

following substituted:

Application for registration

10. A

person may apply for registration under this Act where he or she

(

a) holds a doctoral degree or a masters degree

in a program of study in psychology from an educational institution satisfactory

to the board;

(

b) meets to the boards satisfaction the required

competencies as specified in Guidelines for Evaluation of Applicants for Registration as a Psychologist or a

successor document adopted by the board;

(

c) has obtained professional liability coverage

in a form and amount satisfactory to the board;

(

d) has paid the registration fee set by the

board;

(

e) submits an application in the form prescribed

by the board; and

(

f) satisfies other requirements prescribed in the

regulations.

6. The Act is amended by adding immediately after

section 10 the following:

Full registration

10.1

(1) The

board may grant full registration to a person where the person

(

a) meets the requirements in

section 10;

(

b) completes to the boards satisfaction the

examination prescribed by the board; and

(

c) has

(

i) where he or she holds a doctoral degree, at

least one year of professional experience, or

(ii) where he or she holds a masters degree, at

least 2 years of professional experience

in the field of psychology satisfactory to

the board that was obtained after the degree and was supervised to the satisfaction

of the board.

(2) The registrar shall issue an annual

certificate of registration on approval of an application which shall expire on

December 31 of the year for which it is issued.

(3) A registered psychologist may apply for a

renewal of his or her annual certificate and where he or she meets the

requirements of subsection (1) the registrar shall issue an annual certificate

under subsection (2).

7. (1) Subsection 11(1) of the Act is

repealed and the following substituted:

Provisional

registration

(1) The

board may grant provisional registration to a person

(

a) where the person meets the requirements in

section 10 but does not meet the requirements in paragraphs 10.1(

b) and (c);

and

(

b) in other circumstances considered appropriate

by the board.

(2) Subsection 11(3) of the Act is repealed and

the following substituted:

(3) Provisional registration is valid until

December 31 of the year for which it is issued and the board may, on application,

renew a provisional registration.

8. The Act is amended by adding immediately after

section 11 the following:

Temporary registration

11.1

(1) The

board may grant temporary registration to a person where the person

(

a) submits proof satisfactory to the board that

he or she is registered in another jurisdiction and that his or her

registration is not subject to any terms or conditions; and

(

b) pays the fee set by the board.

(2) Temporary registration is valid for 30 days

and the board may, on application, renew a temporary registration once in a 12

month period.

9. The Act is amended by adding immediately after

section 13 the following:

PART III

DISCIPLINE

10. Subsection 15(9) of the Act is repealed and the

following substituted:

(9) The complaints authorization committee and an

adjudication tribunal appointed under

section 19 and a person appointed by

either of them may summon a respondent or other person 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, 2006.

11. (1) Subsection 18(1) of the Act is amended

by adding immediately after paragraph (

a) the following:

(a.1) refer the allegation to the quality assurance

committee;

(2) Subsection 18(5) of the Act is repealed and

the following substituted:

(5) Where the registrar, a director or another

person requires that a respondent or another person provide information under

subsection (4), that information shall be provided within 7 days of the receipt

of the request or a different period as specified.

12. Subsections 24(1) and (2) of the Act are repealed

and the following substituted:

Filing and publication

of decisions

(1) An

adjudication tribunal shall file a decision or order made under subsection

22(2) or 23(3) with the registrar and provide a copy to the

(

a) complainant;

(

b) respondent;

(

c) respondents employer, if applicable; and

(

d) respondents provisional registration

professional experience supervisor, if applicable.

(2) The registrar shall maintain a copy of a

decision or order filed under subsection (1) for a minimum of 10 years after

the day the decision is filed and shall upon receiving a request to view the

disciplinary records in relation to a registered psychologist permit a person

to view a

summary of a decision where that registered psychologist was the

respondent, prepared in accordance with subsection (4).

Section 28 of the Act is repealed and the

following substituted:

Costs

(1) Where

a person who was ordered to pay the costs of the board under paragraph 22(2)(

e) or 23(3)(

e) fails to pay in the time required, the board may suspend the

registration of that person until the costs are paid.

(2) Costs ordered to be paid under paragraph 22(2)(

e) or 23(3)(

e) are a debt due the board and may be recovered by the board by a

civil action.

14. The Act is amended by adding immediately after

section 30 the following:

PART IV

QUALITY ASSURANCE

Quality assurance

program

30.1

(1) The

board shall establish and maintain a quality assurance program to promote high

standards of practice within the psychology profession.

(2) The quality assurance program shall include mandatory

continuing education and professional development and shall be designed to promote

(

a) continuing competence; and

(

b) continuing quality improvement.

Quality assurance

committee

30.2

(1) The

board may appoint a committee known as the quality assurance committee.

(2) The quality assurance committee shall

investigate a concern

(

a) on the referral of a quality assurance issue

(

i) the registrar, or

(ii) the complaints authorization committee; or

(

b) on its own accord.

(3) The quality assurance committee may

(

a) subpoena records, including patient records;

(

b) order a psychologist to undergo an evaluation,

assessment or examination;

(

c) order a review of a psychologists practice,

including any consequential review of patient records;

(

d) order periodic or random audits of aspects of

a psychologists practice; and

(

e) accept an agreement between the board and the psychologist

to give effect to matters which could be ordered by the quality assurance

committee.

(4) Where a psychologist fails to comply with an

order made by the quality assurance committee, that committee shall refer that

failure to comply as an allegation to the complaints authorization committee.

Assessment

30.3

(1) The

quality assurance committee may appoint persons registered as psychologists

under this Act as assessors for the purposes of the quality assurance program.

(2) An assessor may, for the purposes of the

quality assurance program

(

a) enter, without notice and at reasonable times,

places where psychology is practised to make necessary inspections;

(

b) inspect that psychologists records of care

administered to patients;

(

c) require from the psychologist information

required by the quality assurance committee or the assessor respecting the

assessment and care of patients by the psychologist, or his or her records of

care administered to patients; and

(

d) require that the psychologist confer with the

quality assurance committee.

(3) A psychologist whose standards of practice are

the subject of an assessment under the quality assurance program shall

cooperate fully with the quality assurance committee and assessors.

(4) An assessor may access patient records without

the consent of that patient.

(5) All records and specific information relating

to the quality assurance program or a review or recommendation under it are

confidential.

Report and compliance

30.4

(1) Upon

completion of an assessment an assessor shall submit a report of his or her

findings to the committee and the committee shall review the report and may

(

a) make no recommendation to the psychologist who

has been assessed; or

(

b) confer with the psychologist assessed and make

those remedial recommendations to him or her that the quality assurance committee

considers appropriate.

(2) The committee may

(

a) direct the psychologist who has been assessed

to comply with recommendations made by the quality assurance committee under

subsection (1); and

(

b) direct that a psychologist be reassessed.

Costs

30.5 The

costs incurred by a psychologist in implementing remedial recommendations of

the quality assurance committee shall be paid by that psychologist and shall

not be a cost of the committee or the board.

Termination of

review

30.6

(1) Where

an assessor or a member of the quality assurance committee learns, in the

course of a review, that a psychologist may be guilty of conduct deserving of

sanction within the meaning of

section 14 the assessment shall be terminated,

the psychologist shall be advised, and the matter shall be referred to the

complaints authorization committee to be dealt with as a complaint.

(2) Notwithstanding subsection 30.3(5), an

assessor or a member of a quality assurance committee shall provide all

information and documents in its possession relating to the review to the

complaints authorization committee.

(3) An order of the quality assurance committee

issued before it refers a matter to the complaints authorization committee

under subsection (1) remains in effect notwithstanding the referral of the

matter to the complaints authorization committee.

Duty to report

30.7

(1) A

psychologist who has knowledge, from direct observation or objective evidence,

of conduct deserving of sanction of another psychologist shall report the known

facts to the registrar.

(2) A person who dissolves a partnership with a

psychologist based on direct knowledge of the psychologists conduct deserving

of sanction shall report the known facts to the registrar.

(3) An action shall not be brought against a

psychologist, officer, partnership or association for the sole reason that the

person, officer, partnership or association complied with this section.

15. The Act is amended by adding immediately before

section 31 the following:

PART V

GENERAL

16. The Act is amended by adding immediately after

section 31 the following:

Notice of change

31.1 A

psychologist registered under this Act shall provide written notice to the

board of

(

a) a change in his or her employer or address

prior to the change; and

(

b) an intended change in his or her scope of

practice at least 30 days prior to implementing the change.

Non-resident

psychologists

31.2 This

Act shall not be interpreted as forbidding a legally registered psychologist of

another province or country from providing training, education or consultative

services for a maximum of 28 days, where the psychologist does not hold himself

or herself out as a registered psychologist registered to practice in the province.

Section 33 of the Act is repealed and the

following substituted:

Action prohibited

(1) An

action for damages does not lie against the board, registrar, officer, employee

or agent of the board, a person or committee designated by the board, the board

as a corporation, an assessor, the complaints authorization committee, a person

appointed by the complaints authorization committee, the quality assurance

committee, a person appointed by the quality assurance committee, the

disciplinary panel, an adjudication tribunal or the individual members of those

bodies for

an act, purported 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 under this Act or any regulations or by-laws made under it.

(2) An action for defamation shall not be founded

in the publication of a communication that consists of or pertains to an

allegation or complaint where that communication is published in the course of

proceedings under this Act.

18. Subsection 34(1) of the Act is amended by

adding immediately after paragraph (

i) the following:

(i.1) respecting the maintenance of the register and

the form and contents of it;

(i.2) establishing standards governing the practice

of psychology, including standards of professional competence and of capacity

and fitness to practice;

(i.3) respecting the remuneration, and allowances

payable to directors of the board for attending meetings and for carrying out

the functions of the board under this Act, with power to prescribe different

rates for different members and different functions;

19. Subsection 35(1) of the Act is amended by

adding immediately after paragraph (

a) the following:

registration and provisional registration may be granted or renewed;

(a.2) prescribing the prerequisites, terms and

conditions respecting supervision of a person granted provisional registration;

20. The Act is amended by adding immediately after

section

38 the following:

PART VI

TRANSITION, REPEAL AND COMMENCEMENT

Commencement

21. This Act comes into force on October 31, 2012.

William E. Parsons, Queen's Printer