HEALTH PROFESSIONS ACT (RSA 2000 cH-7)

RSA 2000 cH-7

Alberta — Consolidated Statutes

© Published by Alberta King’s Printer Alberta King’s Printer Suite 700, Park Plaza 10611 - 98 Avenue Edmonton, AB T5K 2P7 Phone: 780-427-4952 E-mail: kings-printer@gov.ab.ca Shop on-line at kings-printer.alberta.ca Province of Alberta Office Consolidation Revised Statutes of Alberta 2000

Chapter H-7 Current as of February 2, 2026 HEALTH PROFESSIONS ACT

Copyright and Permission Statement The Government of Alberta, through the Alberta King’s Printer, holds copyright for all Alberta legislation. Alberta King’s Printer permits any person to reproduce Alberta’s statutes and regulations without seeking permission and without charge, provided due diligence is exercised to ensure the accuracy of the materials produced, and copyright is acknowledged in the following format: © Alberta King’s Printer, 20__.* *The year of first publication of the legal materials is to be completed.

Note All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law. Amendments Not in Force This consolidation incorporates only those amendments in force on the consolidation date shown on the cover. It does not include the following amendments: 2020 c35 s16 amends ss51(1)(a), 119(1)(b)(ii), 12(2)(

a) of

Schedule 7, 10(2)(

c) of

Schedule 20, 8.1(2)(

a) of

Schedule 21. 2020 c35 s94 amends s128; s96 amends s132(1); s99 amends Schedules 1 to 3 in s2; s100 amends

Schedule 4 s2; s101 amends Schedules 5 and 6 in s2; s102 amends

Schedule 7; s103 amends

Schedule 8 in s2; s104 amends

Schedule 9 in s2; s105 amends

Schedule 10; s106 amends Schedules 11 to 13 in

section 2; s107 amends

Schedule 14 in s2; s108 repeals s2(b.1) in

Schedule 15; s109 amends

Schedule 16 in s2; s110 amends

Schedule 17 in s2; s111 amends

Schedule 18 in s2; 112 amends

Schedule 19 in s2; 113 amends Schedules 20 and 21 in s2; 114 amends

Schedule 21.1 in s2; s115 amends

Schedule 22 in s2; s116 amends

Schedule 23 in s2; s117 amends Schedules 24 and 25 in s2; s118 amends

Schedule 26 in s2; s119 amends Schedules 27 and 28 in s2. 2025 cP-25.5 s242 amends

Schedule 24. 2025 cR-13.3 s18 adds s96.3. 2025 c10 s27 amends s13(2)(

c) and Schedules 20 and 21. 2026 c9 s6 amends ss1(1) and 1.3; adds s1.941; repeals and substitutes s134.1.

Regulations The following is a list of the regulations made under the Health Professions Act that are filed as Alberta Regulations under the Regulations Act Alta. Reg.

Amendments Health Professions Act Acupuncturists Profession .............................. 255/2020 ......... 30/2023 Chiropractors Profession ................................ 277/2006 ......... 52/2023, 203/2025 Combined Laboratory and X-ray Technologists Profession ............... 224/2005 ......... 53/2023 Consultation ................................................... 133/2008 ......... 17/2018 Dental Assistants Profession .......................... 252/2005 ......... 31/2023 Dental Hygienists Profession ......................... 255/2006 ......... 32/2023, 206/2025 Dental Surgical Facility Accreditation ........... 250/2002 Dental Technologists Profession .................... 243/2004 ......... 170/2012, 33/2023 Dentists Profession ......................................... 254/2001 ......... 170/2012, 34/2023, 204/2025 Denturists Profession ..................................... 186/2002 ......... 269/2009, 35/2023 Disclosure of Information .............................. 196/2004 ......... 99/2009, 120/2014, 239/2018 Funding for Treatment and Counselling .............................................. 256/2020 ......... 158/2025 Health Professions Restricted Activity .................................................... 22/2023 ........... 151/2025, 199/2025, NOTE: AR 292/2025 comes 292/2025 into force July 6, 2026 Hearing Aid Practitioners Profession ................................................. 123/2002 ......... 36/2023 Licensed Practical Nurses Profession ............. 81/2003 ........... 131/2019, 47/2023, 12/2026 Medical Diagnostic and Therapeutic Technologists Profession.......................... 61/2005 ........... 113/2009, 48/2023, NOTE: AR 46/2026 comes 46/2026 into force July 6, 2026 Medical Laboratory Technologists Profession ................................................. 255/2001 ......... 76/2007, 54/2023 Midwives Profession ...................................... 237/2018 ......... 55/2023 Naturopaths Profession .................................. 126/2012 ......... 37/2023 Occupational Therapists Profession ............... 217/2006 ......... 38/2023 Opticians Profession ....................................... 45/2011 ........... 39/2023 Optometrists Profession ................................. 83/2003 ........... 103/2015, 58/2023 Paramedics Profession ................................... 151/2016 ......... 56/2023 Pharmacists and Pharmacy Technicians Profession ............................. 129/2006 ......... 90/2011, 151/2021, 40/2023 Physical Therapists Profession ....................... 64/2011 ........... 41/2023, 207/2025

Physicians, Surgeons, Osteopaths and Physician Assistants Profession ............... 200/2020 ......... 51/2023, 201/2025 Podiatrists Profession ..................................... 60/2012 ........... 57/2023 Psychologists Profession ................................ 251/2005 ......... 42/2023 Registered Dietitians and Registered Nutritionists Profession ............................ 79/2002 ........... 147/2004, 43/2023 Registered Nurses Profession ......................... 232/2005 ......... 201/2018, 50/2023, 205/2025 Registered Psychiatric Nurses Profession ...... 231/2005 ......... 107/2021, 49/2023 Respiratory Therapists Profession .................. 137/2009 ......... 44/2023, 208/2025 Social Workers Profession ............................. 82/2003 ........... 68/2008, 31/2012, 170/2012, 216/2022, 9/2023, 46/2023 Speech-Language Pathologists and Audiologists Profession ........................... 124/2002 ......... 45/2023

1 HEALTH PROFESSIONS ACT

Chapter H-7 Table of Contents 1

Interpretation 1.1 Public health threat

Part 0.1 Health Services Restricted Activities 1.2

Definitions 1.3 Restricted activities 1.4 Regulations 1.5 Public health emergency 1.6 Offence 1.7 Penalty 1.8 Burden of proof 1.9 Injunction 1 . 9 1 Prohibition of sex reassignment surgery on minors 1.92 Prohibition of certain drug prescriptions for minors 1 . 9 3 Orders 1.94 Prohibition 1 . 9 5 Declaration re Charter, Bill of Rights and Human Rights Act

Part 1 Governance College 2 College established 3 College’s role 3 . 1 Cessation of professional association functions by college 4 Annual report Council, President and Registrar 5 Council established

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Chapter H-7 HEALTH PROFESSIONS ACT 2 5 . 1 Ineligibility of officer of professional association, etc. 6 Council’s role 7 President 8 Registrar Committees and Tribunals 9 Registration committee 1 0 Competence committee 1 1 Competence committee appointee 1 2 Required public members 12.1 Transitional 1 3 Public members appointed, lists 1 4 Hearings director, complaints director 1 5 Membership lists 1 6 Tribunal, complaint review committee established 1 7 Tribunal, committee powers, duties Panels 1 8 Council, committee panels Delegation 1 9 Council delegation 2 0 Person, committee delegation 2 1 Officials directory Regulated Professions 2 5 Applying to be a regulated profession 25.1 Amalgamation of existing colleges

Part 2 Registration Applying for Registration 2 8 Application for registration 2 9 Receipt of application 29.1 Registrar consideration of a pplicant character, reputation 3 0 Decision on application 3 1 Review application 3 2 Review of registration decision Registration 3 3 Registers of members 3 4 Register information

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Chapter H-7 HEALTH PROFESSIONS ACT 3 3 5 Register error 3 6 Registration of regulated members 3 7 Corporations not members Practice Permit Renewal 3 8 Application date for practice permit 3 9 Suspension if application is not made 4 0 Applying for practice permit 40.1 Conditions on a practice permit 4 1 Review by council Suspension, Cancellation and Reinstatement 4 3 Cancellation of practice permit 4 4 Return of suspended or cancelled permit 4 5 Reinstatement 45.1 Reinstatement following cancellation of practice permit, registration under

Part 4 Registration Required 4 6 Mandatory registration 4 7 Prohibition 4 8 Offence 4 9 Injunction

Part 3 Continuing Competence and Practice Visits Continuing Competence Program 5 0 Continuing competence program 50.1 Exemption from specified education or training Practice Visits 5 1 Practice visit 51.1 Referral to complaints director 5 2 Confidentiality 5 3 Offence

Part 3.1 Inspections 53.1 Inspectors 53.2 Inspection powers 53.3 Application to Court 53.4 Report of inspection to registrar

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Chapter H-7 HEALTH PROFESSIONS ACT 4 53.5 Inspection committee

Part 4 Professional Conduct Division 1 Complaint Process 5 4 Making a complaint 5 5 Acting on a complaint 5 6 Aware of unprofe ssional conduct 5 7 Termination by employer 57.1 Offence 57.2 Notice of report to law enforcement agency Division 2 Alternative Complaint Resolution 5 8 Process 5 9 Evidence 6 0 Settlement Division 3 Investigations 6 1 Notice of investigation 6 2 Investigation scope 6 3 Investigation powers 6 4 Proceedings delayed 6 5 Conditions, suspension during proceedings 6 6 Report of investigation 6 7 Notification of action taken 6 8 Review of dismissal of complaint 6 9 Hearing to be scheduled 7 0 Admission of unprofessional conduct Division 4 Hearings and Decisions 7 1 Bias prevention 7 2 Investigated person at hearing Witnesses 7 3 Investigated person’s witnesses 7 4 College witnesses 7 5 N o t i c e 7 6 Rights and obligations of witnesses

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Chapter H-7 HEALTH PROFESSIONS ACT 5 Hearings 7 7 College duties in respect of hearing 7 8 Access to hearing 7 9 Tribunal at hearing Decisions and Records 8 0 Tribunal decision 8 1 Previous decisions 81.1 Tribunal decision re sexual abuse or sexual misconduct 8 2 Orders of tribunal 8 3 Written decision 8 4 Service of decision and record of hearing 8 5 Examination of record Division 5 Appeals 8 6 Stay pending appeal Appeal within College 8 7 Appeal to council 8 8 Setting the date for an appeal 8 9 Council’s powers on appeal Appeal to the Court 9 0 Court of Appeal 9 1 Appeal on record 9 2 Power of Court on appeal 9 3 Application to vary order Division 6 General 9 4 Non-prejudicial orders 9 5 Commissioner for oaths 9 6 Contravention of orders 96.1 Offence 96.2 Unprofessional conduct in another jurisdiction

Part 5 Business Arrangements Conducting a Practice 9 7 Practice in association 9 8 Partnership restrictions

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Chapter H-7 HEALTH PROFESSIONS ACT 6 100 Practice arrangements 101 Municipal, settlement licence exemption 102 Advertising Limited Liability Partnerships 102.1 Limited Liability Partnerships Professional Corporations 103

Definitions 104 Professional corporation 105 N a m e 106 Use of name 107 Liability of shareholders 108 Approval for professional corporation 109 Professional corporation registered 110 Annual permit 111 Voting of shares restrictions 112 Change in organization 113 Record of professional corporations 114 Cancellation of P.C. permit 115 Notification of cancelle d, expired P.C. permits Restrictions on Regulations and Bylaws 116 Regulations, bylaws inoperative

Part 6 Other Matters 117 Being suspended 118 Assessing incapacity Notices and Information 119 Access to regulated members’ information 120 Notices 121 Record retention 122 Additional information 122.01 Information sharing Evidence 123 Evidence of registration 124 Burden of proof 125 Records, evidence not admissible

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Chapter H-7 HEALTH PROFESSIONS ACT 7 Liability 126 Liability exemption Ombudsman 127 Complaints to Ombudsman Reporting Requirements 127.1 Reporting by regulated members 127.2 Reporting of regulated members

Part 7 Title Protection 128 Protected words, abbreviations 128.1 Use of alternative punctuation in an abbreviation or initials 129 Penalty 130 Injunction

Part 8 Regulations, Bylaws, Codes of Ethics and Standards of Practice 131 Council regulations 132 B y l a w s 132.1 Approval of programs and courses 133 Code of ethics, standards of practice 133.1 Specific standards of practice 133.2 Standards of practice respecting female genital mutilation 134 Lieutenant Governor in Council regulations 134.1 Ministerial regulations 135 Transitional regulations

Part 8.1 Direction, Support and Variation 135.1 Minister’s direction 135.2 Support 135.3 Variation 135.4 Lieutenant Governor in Council regulations 135.5 Minister’s direction

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Chapter H-7 HEALTH PROFESSIONS ACT 8

Part 8.2 Patient Relations Program and Funding for Treatment and Counselling 135.6 Establishment of patien t relations program 135.7 Patient relations program 135.8 Annual report 135.9 Funding for treatment and counselling 135.91 Lieutenant Governor in Council regulations

Part 8.3 College Website 135.92 College website 135.93 Exceptions to disclosure 135.94 Ministerial regulations

Part 9 Consequential Amendments, Repeals and Coming into Force 136-155 Consequential amendments 156 Repeals 157 Coming into force

Part 10 Profession-Specific Provisions 158 Unprofessional conduct fines table 159

Interpretation Schedules

Schedule 1 – Profession of Acupuncturists

Schedule 2 – Profession of Chiropractors

Schedule 3 – Profession o f Combined Laboratory and X-Ray Technologists

Schedule 4 – Profession of Dental Assistants

Schedule 5 – Profession of Dental Hygienists

Schedule 6 – Profession of Dental Technologists

Schedule 7 – Profession of Dentists

Schedule 8 – Profession of Denturists

Schedule 9 – Profession of Hearing Aid Practitioners

Schedule 10 – Profession of Lic ensed Practical Nurses and Health Care Aides

Schedule 11 – Profession of M edical Laboratory Technologists

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Chapter H-7 HEALTH PROFESSIONS ACT 9

Schedule 12 – Profession of M edical Diagnostic and Therapeutic Technologists

Schedule 13 – Profession of Midwives

Schedule 14 – Profession of Naturopaths

Schedule 15 – Profession o f Occupational Therapists

Schedule 16 – Profession of Opticians

Schedule 17 – Profession of Optometrists

Schedule 18 – Profession of Paramedics

Schedule 19 – Profession of Pharmacists and Pharmacy Technicians

Schedule 20 – Profession of Physiotherapists

Schedule 21 – Profession of Ph ysicians, Surgeons, Osteopaths and Physician Assistants

Schedule 21.1 – Profe ssion of Podiatrists

Schedule 22 – Profession of Psychologists

Schedule 23 – Profession of Registered Dietitians and Registe red Nutritionists

Schedule 24 – Profession of Registered Nurses

Schedule 25 – Profession of R egistered Psychiatric Nurses

Schedule 26 – Profession of Respiratory Therapists

Schedule 27 – Profession of Social Workers

Schedule 28 – Profession of S peech-Language Pathologists and Audiologists HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Interpretation 1(1) In this Act, (

a) repealed 2019 c22 s6; (b) “alternative complaint reso lution process” means a process to help the complainant, the college and the investigated person settle a complaint; (b.1) “animal” means animal as defined in the Animal Health Act; (c) “annual permit” means a pe rmit issued to a professional corporation under this Act; (d) “code of ethics” means a co de of ethics adopted by a council under

Part 8;

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Chapter H-7 HEALTH PROFESSIONS ACT 10 (e) “college” means the college of a regulated profession; (f) “competence” means the co mbined knowledge, skills, attitudes and judgment required to provide professional services; (g) “competence committee” means a competence committee established under this Act; (h) “complaint review committ ee” means a complaint review committee established under

Part 1; (i) “complaints director” mean s the complaints director of a college; (j) “conduct” includes

an act or omission; (k) “continuing competence p rogram” means a program of continuing competence provided for in the standards of practice of a council; (l) “council” means the council of a college; (m) “document” includes recorded information in written, photographic, magnetic, electronic or other form; (m.1) “female genital mutilation” means the excision, infibula tion or mutilation, in whole or in part, of the labia majora, labia minora, clitoral hood or clitoris of a person, except where valid consent is given, and (

i) a surgical or other procedure is performed by a regulated member under this Act for the benefit of the physical health of the person or for the purpose of that person having normal reproductive functions or normal sexual appearance or function, or (ii) the person is at least 18 years of age and there is no resulting bodily harm; (n) “former Act” means

an Act that regulated a profession immediately before this Act began to regulate that profession; (o) “former member” means a person who (

i) has had but no longer has a practice permit under this Act, or

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Chapter H-7 HEALTH PROFESSIONS ACT 11 (ii) has been but has ceased to be a regulated member pursuant to this Act or a member who was regulated under a former Act; (o.1) “gender dysphoria” means a person’s distress caused by a marked incongruence between that person’s gender identity or gender expression and that person’s sex assigned at birth; (o.2) “gender incongruence” m eans a marked and persistent incongruence between a person’s gender identity and that person’s sex assigned at birth; (p) “health service” means a service provided to people (

i) to protect, promote or maintain their health, (ii) to prevent illness, (iii) to diagnose, treat or rehabilitate, or (iv) to take care of the health needs of the ill, disabled, injured or dying; (q) “hearing tribunal” means a hearing tribunal established under

Part 1; (r) “hearings director” means th e hearings director of a college; (s) “incapacitated” means suffer ing from a physical, mental or emotional condition or disorder or an addiction to alcohol or drugs as defined in the Pharmacy and Drug Act or other chemicals that impairs the ability to provide professional services in a safe and competent manner; (s.1) “inspector” means an inspector of a college appointed un der

Part 3.1; (t) “investigated person” means a person with respect to whom (

i) a complaint has been made under

Part 4, (ii) information has been t reated as a complaint in accordance with

section 56, or (iii) a notice has been given under

section 57(1), and the proceedings with respect to the complaint, information or notice have not been concluded;

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Chapter H-7 HEALTH PROFESSIONS ACT 12 (u) “investigator” means the co mplaints director or other person who conducts an investigation under

Part 4; (v) “Minister” means the Minist er determined under

section 16 of the Government Organization Act as the Minister responsible for this Act; (v.1) “minor”, except in sectio ns 53.4(3) and 120(2) and

section 8.7(

i) of

Schedule 21, means a person under the age of 18 years; (w) “Ombudsman” means the Ombudsman appointed under the Ombudsman Act; (x) “other member” means a non- regulated member of a college registered on a register established under

section 33(1)(b); (x.1) “patient”, for the purposes of a complaint made in respe ct of unprofessional conduct in relation to sexual abuse or sexual misconduct, means a patient as set out in the standards of practice of a council; (

y) repealed 2016 c9 s2; (z) “practice” means the practi ce of a regulated profession within the meaning of

section 3 of a

schedule to this Act; (aa) “practice permit” means a practice permit issued to a regulated member under

Part 2; (bb) “practice visit” means a pr actice visit within the meaning of

Part 3; (cc) “president” means the president of a college; (dd) “professional corporation” means professional corporation within the meaning of

Part 5; (ee) “professional fee” means a fee charged by a regulated member for a professional service; (ff) “professional service” mean s a service that comes within the practice of a regulated profession; (gg) “public member” means a p erson appointed as a public member under this Act; (hh) “ratified settlement” mean s a settlement ratified under

section 60(2);

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Chapter H-7 HEALTH PROFESSIONS ACT 13 (ii) “record of the hearing” m eans the record described in

section 84(1)(b); (jj) “registrar” means the registrar of a college; (kk) “registration committee” means a registration committee established under

Part 1; (ll) “regulated member” means a person who is registered as a member under

section 33(1)(a); (mm) “regulated profession” mea ns a profession that is regulated by this Act; (nn) “restricted activity” mean s a restricted activity and a portion of a restricted activity, within the meaning of

Part 0.1; (nn.01) “sex reassignment surge ry” means a surgical procedure or procedures if used to treat gender dysphoria or gender incongruence, and includes the following procedures: (

i) breast augmentation; (ii) chest masculinization; (iii) hysterectomy; (iv) metoidioplasty; (

v) oophorectomy; (vi) orchiectomy; (vii) penectomy; (viii) phalloplasty; (ix) vaginectomy; (

x) vaginoplasty; (xi) a surgical procedure identified in the regulations; (nn.1) “sexual abuse” means the threatened, attempted or actual conduct of a regulated member towards a patient that is of a sexual nature and includes any of the following conduct: (

i) sexual intercourse between a regulated member and a patient of that regulated member;

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Chapter H-7 HEALTH PROFESSIONS ACT 14 (ii) genital to genital, genital to anal, oral to genital, or oral to anal contact between a regulated member and a patient of that regulated member; (iii) masturbation of a regulated member by, or in the presence of, a patient of that regulated member; (iv) masturbation of a regulat ed member’s patient by that regulated member; (

v) encouraging a regulated member’s patient to masturbate in the presence of that regulated member; (vi) touching of a sexual nature of a patient’s genitals, anus , breasts or buttocks by a regulated member; (nn.2) “sexual misconduct” means any incident or repeated incidents of objectionable or unwelcome conduct, behaviour or remarks of a sexual nature by a regulated member towards a patient that the regulated member knows or ought reasonably to know will or would cause offence or humiliation to the patient or adversely affect the patient’s health and well-being but does not include sexual abuse; (nn.3) “sexual nature” does not include any conduct, behaviour or remarks that are appropriate to the service provided; (oo) “standards of practice” m eans standards of practice adopted by a council under

Part 8; (pp) “unprofessional conduct” means one or more of the following, whether or not it is disgraceful or dishonourable: (

i) displaying a lack of kno wledge of or lack of skill or judgment in the provision of professional services; (ii) contravention of this Act, a code of ethics or standards of practice; (iii) contravention of another enactment that applies to the profession; (iv) representing or holding out that a person was a regulated member and in good standing while the person’s registration or practice permit was suspended or cancelled; (

v) representing or holding out that person’s registration or practice permit is not subject to conditions when it is or misrepresenting the conditions;

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Chapter H-7 HEALTH PROFESSIONS ACT 15 (vi) failure or refusal (

A) to comply with the requirements of the continuing competence program, or (

B) to co-operate with a competence committee or a person appointed under

section 11 undertaking a practice visit; (vi.1) failure or refusal (

A) to comply with a request of or co-operate with an inspector; (

B) to comply with a direc tion of the registrar made under

section 53.4(3); (vii) failure or refusal (

A) to comply with an agreemen t that is part of a ratified settlement, (

B) to comply with a request of or co-operate with an investigator, (

C) to undergo an examination under

section 118, or (

D) to comply with a notice to attend or a notice to produce under

Part 4; (viii) contravening an order under

Part 4, conditions imposed on a practice permit or a direction under

section 118(4); (ix) carrying on the practice of the regulated profession with a person who is contravening

section 98 or an order under

Part 4 or conditions imposed on a practice permit or a direction under

section 118(4); (

x) carrying on the practice of the regulated profession of physicians, surgeons, osteopaths, dentists, chiropractors or optometrists on behalf of a corporation that does not meet the requirements of sections 104 to 115 or as a partner of a partnership that does not meet the requirements of

section 98(3); (xi) repealed 2016 c9 s2; (xii) conduct that harms the integrity of the regulated profession;

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Section 1.1

Chapter H-7 HEALTH PROFESSIONS ACT 16 (qq) “unprofessional condu ct fines table” means the unprofessional conduct fines table in

Part 10.

(1.1) The Minister may make regulations identifying other surgical procedures for the purposes of subsection (1)(nn.01).

(2) In this Act, (

a) a reference to “this Act” in cludes the regulations under this Act; (

b) a reference to a power and duty includes the power and dut y to make a decision; (

c) a reference to conditions includes restrictions and limitations.

RSA 2000 cH-7 s1;RSA 2000 cP-13 s48;2006 c19 s2(22);2008 c34 s2; 2016 c9 s2;2018 c15 s2;2019 c22 s6;2020 c35 s71;2021 c10 s3; 2022 c9 s2;2023 c9 s12;2024 c16 s9 Public health threat 1.1(1) Despite this Act, the bylaws and any enactment that governs the practice of a regulated member or health practitioner, college or regulatory organization, if any of the following persons knows of or has reason to suspect the existence of a nuisance or a threat that is or may be injurious or dangerous to the public health, that person must immediately notify a medical officer of health having jurisdiction over the area of Alberta in which the nuisance or threat or suspected nuisance or threat is located by the fastest means possible: (

a) a regulated member; (

b) a health practitioner who provides health services describ ed in a Schedule; (

c) a member of a council of, or an officer, employee or agent of, a college; (

d) a member of a board or council of, or an officer, employee or agent of, a regulatory organization that governs the practice of a health practitioner who provides health services described in a Schedule.

(2) The

definitions in the Public Health Act apply to this section. 2007 c32 s1(2);2025 c10 s27;2025 c21 s9

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Chapter H-7 HEALTH PROFESSIONS ACT 17

Part 0.1 Health Services Restricted Activities

Definitions 1.2 In this Part, (a) “activity of daily living” means an activity that individu als normally perform on their own behalf to maintain their health and well being, and includes (

i) routine and invasive self care activities, including but n ot restricted to the removal of slivers and the cleaning of wounds, and (ii) specifically taught procedu res, which generally result in predictable and stable responses, including but not restricted to catheterization, maintenance of drainage tubes and administration of drugs by injection; (b) “administration of a drug” means the supplying of a dose o f a drug to a person for the purpose of immediate ingestion, application, inhalation, insertion, instillation or injection; (c) “compound” means to mix toge ther 2 or more ingredients of which at least one is a drug for the purposes of dispensing a drug or drugs, but does not include reconstituting a drug or drugs with only water; (d) “dispense” means (

i) with respect to drugs, to provide a drug pursuant to a prescription for a person, but does not include the administration of a drug to a person, and (ii) with respect to corrective lenses, to verify corrective lenses objectively to the prescription; (e) “drug” means drug as defined in the Pharmacy and Drug Act; (f) “restricted activity” means an activity named as a restricted activity in

section 1.3; (g) “sell” includes (

i) distribute, trade or barter for money or other valuable consideration, (ii) distributing and giving awa y without expectation or hope of compensation or reward,

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Section 1.3

Chapter H-7 HEALTH PROFESSIONS ACT 18 (iii) keeping for sale, and (iv) offering for sale; (h) “surrogate” means a person authorized by an individual or by the individual’s guardian, if the guardian is authorized to give such authorization, to assist the individual in carrying on an activity of daily living. 2020 c35 s72 Restricted activities 1.3(1) The following, carried out in relation to or as part of providing a health service, are restricted activities: (

a) to cut a body tissue, to administer anything by an invasiv e procedure on body tissue or to perform surgical or other invasive procedures on body tissue (

i) below the dermis or the mucous membrane or in or below the surface of the cornea, or (ii) in or below the surface of teeth, including scaling of teeth; (

b) to insert or remove instruments, devices, fingers or hands (

i) beyond the cartilaginous portion of the ear canal, (ii) beyond the point in the nasal passages where they normally narrow, (iii) beyond the pharynx, (iv) beyond the opening of the urethra, (

v) beyond the labia majora, (vi) beyond the anal verge, or (vii) into an artificial opening into the body; (

c) to insert into the ear canal (

i) under pressure, liquid, air or gas, or (ii) a substance that subsequently solidifies; (

d) to set or reset a fracture of a bone; (

e) to reduce a dislocation of a joint except for a partial dislocation of the joints of the fingers and toes;

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Section 1.3

Chapter H-7 HEALTH PROFESSIONS ACT 19 (

f) to use a deliberate, brief, fast thrust to move the joints of the spine beyond the normal range but within the anatomical range of motion, which generally results in an audible click or pop; (

g) to prescribe a

Schedule 1 drug within the meaning of the Pharmacy and Drug Act; (

h) to dispense, compound, pr ovide for selling or sell a

Schedule 1 drug or

Schedule 2 drug within the meaning of the Pharmacy and Drug Act; (

i) to administer a vaccine or parenteral nutrition; (

j) to prescribe, compound or administer blood or blood products; (

k) to prescribe or administer diagnostic imaging contrast agents; (

l) to prescribe or administer anesthetic gases, including nitrous oxide, for the purposes of anesthesia or sedation; (

m) to prescribe or administer radiopharmaceuticals, radiolabelled substances, radioactive gases or radioaerosols; (

n) to order or apply any form of ionizing radiation in (

i) medical radiography, (ii) nuclear medicine, or (iii) radiation therapy; (

o) to order or apply non-ionizing radiation in (

i) lithotripsy, (ii) magnetic resonance imaging, or (iii) ultrasound imaging, inc luding any application of ultrasound to a fetus; (

p) to prescribe or fit (

i) an orthodontic or periodontal appliance, (ii) a fixed or removable partial or complete denture, or (iii) an implant-supp orted prosthesis;

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Section 1.4

Chapter H-7 HEALTH PROFESSIONS ACT 20 (

q) to perform a psychosocial intervention with an expectation of treating a substantial disorder of thought, mood, perception, orientation or memory that grossly impairs (

i) judgment, (ii) behaviour, (iii) capacity to recognize reality, or (iv) ability to meet the ordinary demands of life; (

r) to manage labour or deliver a baby; (

s) to prescribe or dispense corrective lenses.

(2) Despite subsection (1), the following are not restricted activities: (

a) activities of daily livin g, whether performed by the individual or by a surrogate on the individual’s behalf; (

b) giving information and providing advice with the intent of enhancing personal development, providing emotional support or promoting spiritual growth of individuals, couples, families and groups; (

c) drawing venous blood. 2020 c35 s72 Regulations 1.4 The Minister may make regulations authorizing a person or a category of persons, other than a regulated member or category of regulated members, to perform one or more restricted activities subject to any conditions included in the regulations. 2020 c35 s72 Public health emergency 1.5 For the purposes of preventing, combating or alleviating a public health emergency as defined in the Public Health Act, the Minister may by order authorize a person or category of persons to perform one or more restricted activities subject to any terms or conditions the Minister may prescribe. 2020 c35 s72 Offence 1.6(1) No person shall perform a restricted activity or a portion of it on or for another person unless (

a) the person performing it

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Chapter H-7 HEALTH PROFESSIONS ACT 21 (

i) is a regulated member and is authorized to perform it by the regulations, (ii) is authorized to perform it by a regulation under

section 1.4, (iii) is authorized to perform it by an order under

section 1.5, or (iv) is authorized to perform it by another enactment, or (

v) has the consent of, and is being supervised by, a regulated member described in clause (a)(i), a n d (

b) there are standards of practice adopted by the council of the college of the regulated member respecting (

i) how a regulated member pe rforms the restricted activity, (ii) who may be permitted to per form the restricted activity under the supervision of a regulated member, and (iii) how a regulated member must supervise persons who provide restricted activities under the regulated member’s supervision.

(2) Despite subsection (1), if no person who is authorized under subsection (1) is available to perform the restricted activity or a portion of it, a person may without expectation or hope of compensation or reward provide a restricted activity or a portion of it to provide physical comfort to or to stabilize another person who is ill, injured or unconscious as a result of an accident or other emergency.

(3) No person, other than a person authorized to perform a restricted activity under subsection (1)(a), shall or shall purport to consent to, provide supervision of and control of, another person performing the restricted activity or a portion of a restricted activity.

(4) No person shall require another person to perform a restricted activity or a portion of a restricted activity if that other person is not authorized in accordance with subsection (1) to perform it. 2020 c35 s72 Penalty 1.7(1) A person who contravenes

section 1.6 is guilty of an offence and liable

RSA 2000

Section 1.8

Chapter H-7 HEALTH PROFESSIONS ACT 22 (

a) for a first offence, to a fine of not more than $5000, (

b) for a 2nd offence, to a fine of not more than $10 000, and (

c) for a 3rd and every subsequent offence, to a fine of not m ore than $25 000 or to imprisonment for a term of not more than 6 months or to both fine and imprisonment.

(2) A prosecution for an offence under this Part may not be commenced more than 2 years after the date on which the alleged offence occurs. 2020 c35 s72 Burden of proof 1.8 In a prosecution under this Part, the burden of proving that a person was authorized to perform a restricted activity by

section 1.6(1) is on the accused. 2020 c35 s72 Injunction 1.9 The Court of King’s Bench, on application by a person authorized by the Minister, may grant an injunction enjoining any person from doing any act that contravenes

section 1.6 despite any penalty that may be provided by

section 1.7 in respect of that contravention. 2020 c35 s72 Prohibition of sex reassignment surgery on minors 1.91 A regulated member shall not perform a sex reassignment surgery on a minor. 2024 c16 s9 Prohibition of certain drug prescriptions for minors 1.92(1) A regulated member shall not prescribe a

Schedule 1 drug within the meaning of the Pharmacy and Drug Act, or any other drug identified in the regulations, to a minor for the purposes of hormone therapy, including puberty suppression and hormone replacement therapy, for the treatment of gender dysphoria or gender incongruence except in accordance with an order of the Minister under

section 1.93.

(2) The Minister may make regulations identifying any drug as a drug for the purposes of this section. 2024 c16 s9 Orders 1.93 The Minister may make orders (

a) authorizing the prescription of a

Schedule 1 drug within t he meaning of the Pharmacy and Drug Act, or any other drug

RSA 2000

Section 1.94

Chapter H-7 HEALTH PROFESSIONS ACT 23 identified in the regulations made under

section 1.92(2), to a minor for the purposes of hormone therapy, including puberty suppression and hormone replacement therapy, for the treatment of gender dysphoria or gender incongruence, and (

b) respecting any such authorization, including any terms, conditions or limits that apply to an authorization. 2024 c16 s9 Prohibition 1.94(1) A regulated member shall not procure or perform female genital mutilation.

(2) A person who has been convicted of a criminal offence related to the procurement or performance of female genital mutilation is not eligible for registration as a regulated member under this Act. 2022 c9 s3;2024 c16 s9 Declaration re Charter, Bill of Rights and Human Rights Act 1.95(1) Sections 1.91, 1.92 and 1.93 shall operate notwithstanding (

a) sections 2 and 7 to 15 of the Canadian Charter of Rights and Freedoms, (

b) t h e Alberta Bill of Rights, and (

c) t h e Alberta Human Rights Act.

(2) A regulation made under

section 1.92(2) of this Act is deemed to be a provision of this Act.

(3) An order made under

section 1.93 of this Act, including Ministerial Order No. 31/2025 made by the Minister of Primary and Preventative Health Services, is deemed to be a provision of this Act.

(4) For greater certainty, subsection (1) applies to (

a) a regulation made under

section 1.92(2) of this Act, and (

b) an order made under

section 1.93 of this Act, including Ministerial Order No. 31/2025 made by the Minister of Primary and Preventative Health Services. 2025 c24 s3

RSA 2000

Section 2

Chapter H-7 HEALTH PROFESSIONS ACT 24

Part 1 Governance College College established 2 A college is a corporation that (

a) is created or continued in a

schedule to this Act, (

b) consists of its regulated m embers and other members, and (

c) has the capacity and, subject to this Act, the rights, powers and privileges of a natural person. 1999 cH-5.5 s2 College’s role 3(1) A college (

a) must carry out its activitie s and govern its regulated members in a manner that protects and serves the public interest, (

b) must provide direction to a nd regulate the practice of the regulated profession by its regulated members, (

c) must establish, maintai n and enforce standards for registration and of continuing competence and standards of practice of the regulated profession, (

d) must establish, maintain and enforce a code of ethics, (

e) must carry on the activities of the college and perform other duties and functions by the exercise of the powers conferred by this Act, and (

f) may approve programs of study and education courses for the purposes of registration requirements.

(2) A college may not set professional fees, provide guidelines for professional fees or negotiate professional fees on behalf of some or all of its regulated members.

(3) A college or a council or committee of a college may not be a certified bargaining agent as defined in the Labour Relations Code.

(4) A college may carry out functions other than those set out in subsection (1) or elsewhere in this Act if those functions are consistent with the college’s role as set out in this section.

RSA 2000

Section 3.1

Chapter H-7 HEALTH PROFESSIONS ACT 25

(5) A college must not act or hold itself out as a professional association.

(6) Nothing in this

section prevents a college from collaborating or cooperating with or engaging the services of a professional association, labour union or regulatory body in any jurisdiction to undertake activities that align with the role of the college, including but not limited to, (

a) developing programs for th e professional development of regulated members, (

b) engaging the services of e ducational program accreditation agencies, (

c) developing competency best practices, (

d) promoting national standards and labour mobility, and (

e) providing for national examinations. RSA 2000 cH-7 s3;2001 c21 s2;2020 c35 s73 Cessation of professional association functions by college 3.1 A college that immediately before the coming into force of this

section serves or purports to serve as a professional association must (

a) within 6 months after the coming into force of this section, provide the Minister with a plan to divest itself of its professional association functions, and (

b) effective 18 months after the coming into force of this section, have no functions of, connection to or affiliation with a professional association. 2020 c35 s74 Annual report 4(1) A college must submit to the Minister an annual report of its activities in a form acceptable to the Minister that contains the information requested by the Minister, including but not restricted to (

a) a statement respecting the number of complaints made and their disposition, including the number of hearings closed to the public in whole or in part, the number of appeals and the number of regulated members dealt with under

section 118; (

b) information respecting registration;

RSA 2000

Section 5

Chapter H-7 HEALTH PROFESSIONS ACT 26 (

c) a description of and inf ormation about the college’s continuing competence program; (c.1) a description of and inf ormation about inspections under

Part 3.1; (

d) repealed 2020 c35 s75; (

e) a statement respecting the committees and tribunals established under this Act; (

f) audited financial information or financial information in a form and manner satisfactory to the Minister.

(1.1) A statement respecting complaints referred to in subsection (1)(

a) must include (

a) the number of complaints alleging sexual abuse or sexual misconduct, and (

b) the number of findings of unprofessional conduct based in whole or in part on sexual abuse or sexual misconduct.

(2) On receipt of a report under subsection (1), the Minister must lay a copy of it before the Legislative Assembly if it is then sitting or, if it is not then sitting, within 15 days after the commencement of the next sitting.

(3) The Minister may, to ensure that the requirements of this Act are met, require reports from the college in addition to the annual report under subsection (1). RSA 2000 cH-7 s4;2008 c34 s3;2018 c15 s3;2020 c35 s75 Council, President and Registrar Council established 5(1) The governing body of a college is the council.

(2) The council consists of the president and (

a) the regulated members provided for in the bylaws, (

b) the non-voting members, if any, provided for in the bylaws , and (

c) subject to

section 12(1), the number of public members appointed by the Lieutenant Governor in Council.

(3) The president and members described in subsection (2)(

a) and (

c) are the voting members of the council.

RSA 2000

Section 5.1

Chapter H-7 HEALTH PROFESSIONS ACT 27

(4) A member described in subsection (2)(a), (

b) or (

c) continues to hold office after the expiry of the member’s term until the member is reappointed or re-elected or a successor is appointed or elected.

(5) Despite

section 12, if a member described in subsection (2)(a), (

b) or (

c) is not capable of carrying out the powers and duties of a member, the council may continue to carry out its powers and duties until a successor is appointed or elected. 1999 cH-5.5 s5 Ineligibility of officer of professional association, etc. 5.1(1) An individual who is an officer or senior employee of a professional association or a labour union that represents members of a regulated health profession is not eligible to be appointed or elected to any of the following positions: (

a) member of a council; (

b) member of a registration committee, competence committee or hearing tribunal; (

c) complaints director or the complaints director’s delegate; (

d) hearings director or the he arings director’s delegate; (

e) registrar or the registrar’s delegate; (

f) president of a council or the president’s delegate.

(2) If an individual appointed or elected to a position listed in subsection (1) subsequently becomes an officer or senior employee of a union or professional association representing members of the college, the individual is not eligible to continue to serve and the individual’s appointment or elected term is terminated. 2020 c35 s76 Council’s role 6 A council manages and conducts the activities of the college, exercises the rights, powers and privileges and carries out the duties of the college in the name of and on behalf of the college and carries out the powers and duties of the council under this Act and the bylaws. 1999 cH-5.5 s6 President 7 A council must appoint, elect or provide for the appointment or election of an individual to be president for the purposes of this Act. 1999 cH-5.5 s7

RSA 2000

Section 8

Chapter H-7 HEALTH PROFESSIONS ACT 28 Registrar 8 A council must appoint or provide for the appointment of an individual as registrar for the purposes of this Act. 1999 cH-5.5 s8 Committees and Tribunals Registration committee 9(1) A council (

a) may establish a registration committee consisting of no fewer than 3 members, the majority of which must be regulated members, and (

b) if a registration committee is established, must designate a member of that committee to act as chair.

(2) A member of a registration committee continues to hold office after the expiry of the member’s term until the member is reappointed or a successor is appointed.

(3) Despite subsection (1), if a member of a registration committee is not capable of carrying out the powers and duties of a member, the registration committee may continue a review of an application in which the member was participating, and the registration committee may carry out its powers and duties with respect to that review.

(4) A registration committee may, (

a) if provided for in the bylaws, review an application for registration, and (

b) undertake any other power or duty given to it under this A ct or the bylaws. 1999 cH-5.5 s9 Competence committee 10(1) A council (

a) may establish a co mpetence committee, and (

b) must establish the competen ce committee if the college is authorized by standards of practice to undertake assessments of a regulated member’s competence.

(2) A competence committee must consist of no fewer than 3 members appointed by the council and the majority of members must be regulated members and the council must designate a member of that committee to act as chair.

RSA 2000

Section 11

Chapter H-7 HEALTH PROFESSIONS ACT 29

(3) A council may, by bylaw, direct the registration committee to carry out the powers and duties of a competence committee except those described in subsection (6)(b).

(4) A member of a competence committee continues to hold office after the expiry of the member’s term until the member is reappointed or a successor is appointed.

(5) Despite subsection (2), if a member of a competence committee is not capable of carrying out the powers and duties of a member, the competence committee may continue to conduct a practice visit in which the member was participating, and the competence committee may carry out its powers and duties with respect to that practice visit.

(6) A competence committee (

a) may make recommendations to the council on continuing competence requirements and the assessment of those requirements, (

b) may, if authorized by standa rds of practice, provide for assessments of regulated members’ competence as part of the continuing competence program and conduct an assessment of regulated members’ competence, and (

c) may undertake any other power or duty given to it under th is Act or the bylaws.

(7) Despite subsection (6) and

section 20, if a competence committee is authorized to conduct assessments of a regulated member’s competence it shall not carry out any powers or duties under sections 28 to 30. RSA 2000 cH-7 s10;2008 c34 s4;2020 c35 s77 Competence committee appointee 11 A competence committee may appoint one or more persons who have technical expertise or other relevant knowledge to inquire into and report to the competence committee with respect to any matter related to any power or duty of the competence committee.

RSA 2000 cH-7 s11;2007 c32 s1(3) Required public members 12(1) Fifty percent of the voting members of a council, a complaint review committee and a hearing tribunal and of a panel of any of them must be public members but with the consent of the council the percentage of the public members may be greater than 50%.

RSA 2000

Section 12.1

Chapter H-7 HEALTH PROFESSIONS ACT 30

(2) Despite the bylaws governing quorum, the number of public members required by subsection (1) must be present at an appeal under

Part 4 before a council, a ratification of a settlement and a review by a complaint review committee and a hearing by a hearing tribunal.

(3) Despite subsections (1) and (2), the powers and duties of a council, complaint review committee or hearing tribunal or a panel of any of them are not affected by a vacancy in the office of a public member for up to 6 months from the date that the

schedule to this Act that governs the college comes into force. RSA 2000 cH-7 s12;2007 c32 s1(4);2020 c27 s4 Transitional 12.1 Despite

section 12, a proceeding before one of the following bodies, or a panel of any of them, commenced before the date on which this

section comes into force and not concluded before that date, must continue to be dealt with in accordance with

section 12 as it existed before this

section came into force: (

a) a council; (

b) a complaint review committee; (

c) a hearing tribunal. 2020 c27 s4 Public members appointed, lists 13(1) Subject to subsection (2), the Lieutenant Governor in Council (

a) may, after the Minister h as consulted with the affected council, appoint and rescind the appointment of public members to a council, and (

b) may appoint persons to a list of public members for the purpose of establishing complaint review committees and hearing tribunals.

(2) The following are not eligible to be appointed as public members: (

a) with respect to an appointment to a council, a person who is a regulated member of that college; (

b) a person who represents or is normally engaged in representing a group of employees who are regulated members in the negotiation of collective bargaining agreements or in any proceedings under a collective bargaining agreement with respect to regulated members or

RSA 2000

Section 14

Chapter H-7 HEALTH PROFESSIONS ACT 31 who negotiates or sets professional fees or guidelines on professional fees on or on behalf of regulated members of a college; (

c) a member or officer of a provincial health agency or regional health authority under the Provincial Health Agencies Act.

(3) The public members of a complaint review committee and a hearing tribunal are the persons designated by a hearings director from the list, established under subsection (1)(b), of public members, other than regulated members of the college.

(4) A public member may be appointed to a list of public members for a term of up to 3 years and may be reappointed, but may not be appointed for more than 6 consecutive years.

(4.1) A public member may be appointed to a council for a term of up to 3 years and may be reappointed, but may not be appointed for more than 6 consecutive years.

(5) Despite subsection (4.1), a member of a council appointed under subsection (1)(

a) continues to be an appointed member after the expiry of the term of the appointment until the member is reappointed, the member’s appointment is rescinded or a successor is appointed.

(6) Public members under this

section may, at the rates prescribed by the Lieutenant Governor in Council, be paid remuneration for their services by and receive reasonable living and travelling expenses from the Government incurred in the course of their duties as members. RSA 2000 cH-7 s13;2006 c19 s2(2);2008 cH-4.3 s19;2019 c22 s6; 2024 c10 s21 Hearings director, complaints director 14(1) A council must provide for the appointment of an individual as a hearings director for the purposes of this Act.

(2) A hearings director may not chair nor participate in a hearing, review or appeal under

Part 4.

(3) A council must provide for the appointment of an individual as a complaints director for the purposes of this Act. 1999 cH-5.5 s14 Membership lists 15(1) A council must appoint members to a membership list consisting of no fewer than 4 regulated members to be used for

RSA 2000

Section 16

Chapter H-7 HEALTH PROFESSIONS ACT 32 appointing members to both hearing tribunals and complaint review committees.

(2) Only regulated members are eligible to be included on a list referred to in subsection (1). 1999 cH-5.5 s15 Tribunal, complaint review committee established 16(1) The hearings director may establish a hearing tribunal and a complaint review committee consisting of (a) 2 or more members from th e membership list established under

section 15, and (

b) the number of public members required by

section 12(1), and if a hearing tribunal or complaint review committee is established, the hearings director must designate a member of that tribunal or committee to act as chair.

(1.1) When establishing a hearing tribunal where the subject-matter of a hearing relates to a complaint alleging sexual abuse of or sexual misconduct towards a patient by a regulated member, the hearings director must make every reasonable effort to ensure that (

a) at least one member of the hearing tribunal has the same gender identity as the patient, (

b) all members of the hearing tr ibunal have received training on trauma informed practice and sexual violence, and any other training specified by the Minister, and (

c) all members of the hearing tribunal have completed the training referred to in clause (

b) prior to serving on a hearing tribunal.

(1.2) For the purposes of ensuring that at least one member of the hearing tribunal has the same gender identity as the patient under subsection (1.1), the hearings director may select one member from the membership list established by another council under

section 15 to be appointed as one additional public member.

(2) Despite

section 13(4), a member of a hearing tribunal or of a complaint review committee continues to hold office after the expiry of the member’s term until the member is reappointed or a successor is appointed.

RSA 2000

Section 17

Chapter H-7 HEALTH PROFESSIONS ACT 33

(3) Despite

section 12(2), if a member of a hearing tribunal or of a complaint review committee is not capable of carrying out the powers and duties of a member, (

a) the hearing tribunal may continue to hold a hearing in whi ch the member was participating and the hearing tribunal may carry out its powers and duties with respect to that hearing, and (

b) the complaint review committee may continue to review and ratify a settlement under

section 60 and to conduct a review under

section 68 in which the member was participating and the complaint review committee may carry out its powers and duties with respect to that settlement or review.

(4) All members of a hearing tribunal and of a complaint review committee are voting members.

(5) The hearings director may direct one or more hearing tribunals or complaint review committees established under this

section to carry out any power or duty that a hearing tribunal or complaint review committee may carry out under this Act. RSA 2000 cH-7 s16;2018 c15 s4 Tribunal, committee powers, duties 17(1) A hearing tribunal’s powers and duties include holding hearings under this Act.

(2) A complaint review committee’s powers and duties include reviewing and ratifying settlements under

section 60 and conducting reviews under

section 68. 1999 cH-5.5 s17 Panels Council, committee panels 18(1) Subject to

section 12, (

a) a person or committee designated by a council may designate 3 or more members of council to sit as a panel of council and designate a member of the panel to act as chair, or (

b) the chair of the registration committee and of the competence committee may designate 3 or more members of the registration committee or competence committee to sit as a panel of the registration committee or competence committee and designate a member of the panel to act as chair.

RSA 2000

Section 19

Chapter H-7 HEALTH PROFESSIONS ACT 34

(2) A person or committee designated by a council may direct a panel of the council to carry out the powers and duties of the council with respect to a review under

Part 2 and an appeal under

Part 4 or

section 118.

(3) The chair of the registration committee or of the competence committee may direct a panel of the registration committee or of the competence committee to carry out any power or duty that the registration committee or competence committee may carry out under this Act.

(4) If a member designated under subsection (1) is not capable of carrying out the powers and duties of a member, the panel may continue an appeal or review an application in which the member was participating and the panel may carry out its powers and duties with respect to that appeal or application.

(5) A power or duty carried out by a panel of the council, of the registration committee or the competence committee is a power or duty carried out by the council, registration committee or competence committee.

(6) Two or more panels of the council, of the registration committee or of the competence committee may carry out their powers and duties simultaneously.

(7) Any reference in this Act or any other enactment to a council, registration committee or competence committee is deemed to be also a reference to a panel of the council, of the registration committee or of the competence committee. RSA 2000 cH-7 s18;2007 c32 s1(5) Delegation Council delegation 19(1) A council may delegate any of its powers and duties to one or more persons or committees, except the power to make regulations or bylaws and to adopt a code of ethics or standards of practice.

(2) A council may impose conditions on a delegation under subsection (1).

(3) When a council delegates a power or duty, it may authorize the person or committee to further delegate the power or duty, subject to any conditions imposed by the council.

RSA 2000

Section 20

Chapter H-7 HEALTH PROFESSIONS ACT 35

(4) Any reference in this Act or any other enactment to a council is deemed to be also a reference to a delegate and to a delegate of the delegate under this section. 1999 cH-5.5 s19;2000 c15 s4(3) Person, committee delegation 20(1) Subject to the bylaws, a person or committee to whom a power or duty is given under this Act or the bylaws may delegate the power or duty to one or more other persons or committees.

(2) A person or committee making a delegation under subsection (1) may impose conditions on the delegation.

(3) Despite subsection (1), (

a) the powers and duties of bot h a complaints director and a hearings director may not be delegated to the same person, and (

b) a complaint review comm ittee, a hearing tribunal or a council or panel of council may not delegate its powers or duties with respect to a review or appeal under

Part 4.

(4) Any reference in this Act or any other enactment to a person or committee to whom a power or duty is given under this Act is deemed to be also a reference to a delegate of the person or committee under this section. 1999 cH-5.5 s20 Officials directory 21(1) The council must establish and keep up to date a directory that contains the names of and how to contact (

a) the complaints dir ector and any delegate; (

b) the hearings direct or and any delegate; (

c) the registrar and any delegate; (

d) the president and any delegate; (

e) the council and any delega te and any delegate of the delegate.

(2) The information under subsection (1) must, on request, (

a) be made available to the public during regular business hours, and

RSA 2000

Section 25

Chapter H-7 HEALTH PROFESSIONS ACT 36 (

b) be provided to the Minister. 1999 cH-5.5 s21 22 to 24 Repealed 2019 c22 s6. Regulated Professions Applying to be a regulated profession 25(1) A group of persons seeking to be a regulated profession must apply to the Minister for recommendation to the Legislature that this Act be amended to include the profession as a regulated profession.

(2) An application under subsection (1) (

a) repealed 2006 c19 s2, (

b) must be in the form and contain the information requested by the Minister, and (

c) must be accompanied with the application fee set by the Minister.

(2.1) If a group of persons referred to in subsection (1) applies for the establishment of a college to govern the proposed regulated profession, the application must provide (

a) a rationale for why a college should be established and wh y an existing college would not be appropriate to govern the proposed regulated profession, and (

b) a preliminary budget for the proposed profession, includin g the preliminary budget for management of the proposed college and the performance of the proposed college’s responsibilities under this Act.

(2.2) If a group of persons referred to in subsection (1) applies for a proposed profession to be regulated by an existing college, the application must provide (

a) a written statement of support from the existing college f or the application, and (

b) confirmation that members of the proposed profession will be regulated members of the college with the same rights and duties as the existing regulated members of the college.

(3) Repealed 2019 c22 s6.

RSA 2000

Section 25

Chapter H-7 HEALTH PROFESSIONS ACT 37

(4) On receipt of an application under subsection (1), the Minister may do one or more of the following: (

a) evaluate the risk to the physical and psychological health and safety of the public from incompetent, unethical or impaired practice of the profession; (

b) ascertain what constitutes the practice of the profession, whether persons practising the profession should be authorized to provide restricted activities and the conditions, if any, that should apply to the practice of the profession or the provision of restricted activities; (

c) evaluate and make recomme ndations on the services normally provided by a person practising the profession, including the complexity of the services and how they are carried out; (

d) consider whether the services normally provided by persons practising the profession are regulated by an enactment; (

e) consider whether the profession is a distinct and identifi able profession; (

f) consider whether the proposed protected title is appropriately descriptive and whether it is likely to cause public confusion; (

g) consider the potential costs and benefits of regulating th e profession, including the expected effect on practitioner availability and on education and training programs, the expected effect on enhancement of quality of service and the expected effect on prices, access and service efficiency; (

h) ascertain the qualifications and minimum standards of competence that are required for a person applying to practise the profession and how the continuing competence of practitioners is to be maintained, ascertain what education programs are available and evaluate the available education programs; (

i) ascertain the ability of the proposed college of the profession to carry out its powers and duties under this Act or consider whether they could be carried out by an existing college; (

j) evaluate the effect, if an y, that there would be on any agreements on trade and mobility to which Canada or

RSA 2000

Section 25.1

Chapter H-7 HEALTH PROFESSIONS ACT 38 Alberta is a signatory if the profession would become a regulated profession; (

k) consider any other matter. RSA 2000 cH-7 s25;2006 c19 s2(4);2019 c22 s6;2020 c35 s78 Amalgamation of existing colleges 25.1(1) Where 2 or more colleges propose to amalgamate, an application must be made to the Minister.

(2) An application for the amalgamation of colleges must contain the following: (

a) written confirmation of eac h college that the amalgamation is approved by its council; (

b) a rationale for the amalgamation; (

c) evidence of the nature and extent of consultation with regulated members of the affected colleges; (

d) a proposed name for the amalgamated college; (

e) proposed content for a sched ule or revised

schedule to this Act; (

f) proposals for addressing transitions, including, without limitation, transitions of (

i) the composition of the c ouncil, registration committee and competence committee of the amalgamated college, (ii) college officials a s set out in

section 21, (iii) regulated members of the amalgamated college, and (iv) ongoing applications, investigations and disciplinary hearings. 2020 c35 s79 26 Repealed 2019 c22 s6. 27 Repealed 2020 c35 s80.

RSA 2000

Section 28

Chapter H-7 HEALTH PROFESSIONS ACT 39

Part 2 Registration Applying for Registration Application for registration 28(1) An application for registration as a regulated member is complete for the purpose of consideration under

section 29(3) if it is in the required form and given to the registrar by the applicant along with (

a) evidence of meeting the requirements for competence in the practice of the profession as required by subsection (2), (

b) the application fee provided for in the bylaws, (

c) p r o o f o f (

i) having professional liability insurance of the type and amount set out in the bylaws, or (ii) membership in an organization set out in the bylaws, (

d) evidence of being a Canadian citizen or a person lawfully permitted to work in Canada, if required by the bylaws, (

e) evidence of having good character and reputation, (

f) evidence of English language proficiency, as set out in th e bylaws, (

g) information required by the registrar under

section 33(4)( b), (

h) a criminal record check, (

i) evidence of whether the applicant is currently an investigated person under this Act or the equivalent of an investigated person in another jurisdiction or has previously been disciplined by another regulatory body responsible for the regulation of the profession or of another profession, (

j) any information required by the registrar respecting whether any conduct of the applicant has previously constituted unprofessional conduct, (

k) evidence of whether the applicant has ever had conditions imposed on the applicant’s practice permit or equivalent, (

l) evidence as to whether there has ever been a judgment in a civil action against the applicant with respect to the applicant’s practice, and

RSA 2000

Section 29

Chapter H-7 HEALTH PROFESSIONS ACT 40 (

m) on the request of the registrar, evidence respecting the applicant’s fitness to practise.

(2) An applicant may provide evidence of competence in the practice of the profession (

a) by fulfilling one or more of the following as required by the regulations: (

i) education requirements, that may include being enrolled in a program of studies, (ii) experience requirements, (iii) successful completi on of examinations, or (iv) holding certificates or diplomas, (

b) by being registered with a profession in another jurisdict ion recognized by the bylaws as having substantially equivalent competence and practice requirements and meeting the requirements for persons to be registered with that profession in that jurisdiction, or (

c) by having as determined in accordance with the regulations, a combination of education, experience, practice or other qualifications, that demonstrates the competence required for registration as a regulated member.

(3) If there are reasonable and probable grounds to be of the opinion that an applicant by engaging in the regulated profession as a regulated member would create a danger to the public or be unsafe because of a disability or incapacity, the registrar, the registration committee or competence committee may require an applicant for registration to undergo physical or mental examinations by a person agreed on by the applicant and the registrar, registration committee or competence committee or, failing an agreement, designated by the registrar, registration committee or competence committee for the purpose of assisting the registrar, registration committee or competence committee in determining whether the applicant by engaging in the regulated profession as a regulated member would create a danger to the public or be unsafe.

RSA 2000 cH-7 s28;2007 c32 s1(7);2018 c15 s5;2020 c35 s81 Receipt of application 29(1) The registrar must, as soon as reasonably possible, on receipt of an application for registration as a regulated member, give notice to the applicant that the application has been received,

RSA 2000

Section 29.1

Chapter H-7 HEALTH PROFESSIONS ACT 41 whether it is complete and if it is not complete, why it is not complete.

(2) When an incomplete application is made complete by the applicant the registrar must, as soon as reasonably possible, give notice to the applicant that a complete application is received.

(3) On receipt of a complete application by the registrar, the registrar, registration committee or competence committee, as provided for in the bylaws, must consider the application, and make a decision under

section 30 and notify the applicant of the decision as soon as reasonably possible.

(4) An application for registration as an other member under

section 33(1)(

b) must be considered by the college in accordance with the bylaws. 1999 cH-5.5 s29 Registrar consideration of applicant character, reputation 29.1(1) The registrar may request any or all of the following as evidence of the applicant’s good character and reputation: (

a) written referen ces from professional colleagues who have knowledge of the applicant’s character and reputation; (

b) a written statement by the applicant as to whether any previous application by the applicant for registration as a professional in another jurisdiction had been rejected; (

c) a written statement by the applicant as to whether the applicant has ever been convicted, without having been pardoned, of a criminal offence in Canada or an equivalent offence in another jurisdiction; (

d) a written statement by the applicant as to whether the applicant had been granted privileges in respect of a hospital or other facility, and if privileges had been granted, whether the privileges are currently or have previously been voluntarily or involuntarily limited, suspended or revoked; (

e) any other relevant evidence as the registrar determines is necessary.

(2) When considering an applicant’s character and reputation, the registrar may (

a) contact any regulatory body responsible for the regulation of a profession or another jurisdiction to confirm the veracity and particulars of the information and documentation submitted by the applicant under this section, and

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Section 30

Chapter H-7 HEALTH PROFESSIONS ACT 42 (

b) consider information in addition to the information and documentation submitted under this section, if the registrar has given the applicant sufficient particulars of the information and sufficient time for the applicant to respond to the particulars of the information.

(3) If an applicant has engaged in an activity that has, in the opinion of the registrar, undermined the applicant’s character and reputation, the registrar must provide the applicant with particulars of the information respecting that activity and with an opportunity to provide evidence of the applicant’s rehabilitation. 2020 c35 s82 Decision on application 30(1) On considering a complete application for registration as a regulated member, the registrar, the registration committee or the competence committee, as provided for in the bylaws, must (

a) approve the application, (

b) defer registration if in the opinion of the registrar, registration committee or competence committee it is in the best interest of the public to defer the registration of the applicant until the applicant complies with conditions imposed by the registrar, registration committee or competence committee, or (

c) refuse the application for registration.

(2) The registrar, registration committee or competence committee may impose conditions on an approval under subsection (1)(

a) that in the opinion of the registrar, registration committee or competence committee are in the best interest of the public.

(3) On making a decision under subsection (1), the registrar, registration committee or competence committee must (

a) give notice of the deci sion to the applicant, (

b) in the case of the registration committee or competence committee, give notice of the decision to the registrar, and (

c) in the case of a decision to impose conditions on an approval, to defer a registration or to refuse an application, give reasons for the decision and notify the applicant as to how the applicant may request a review of the decision under

section 31.

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Chapter H-7 HEALTH PROFESSIONS ACT 43

(4) An applicant may, on request, review the documents used by and created by the registrar, registration committee or competence committee when considering the applicant’s application.

(5) If the applicant is not notified of the decision under this

section by the date that is 120 days after notice was given under

section 29 that the application for registration is complete, the applicant may request a review under

section 31. 1999 cH-5.5 s30;2000 c15 s4(7) Review application 31(1) An applicant whose application for registration is accepted subject to conditions or whose registration is deferred or whose application is refused by the registrar, registration committee or competence committee may, within 30 days after being given a copy of the decision, request a review by the council in accordance with subsection (3).

(2) An applicant who is not notified of a decision by the date described in

section 30(5) may, within 30 days from that date, request a review by the council in accordance with subsection (3).

(3) A request for a review must (

a) be in writing, (

b) set out the reasons why the application for registration should be approved with or without conditions, and (

c) be given to the registrar, who must give a copy of the request to the council.

(4) On being given a request for a review, the registrar must, within 30 days, notify the applicant of the date, time and place at which the council will conduct the review.

(5) A review must be commenced not later than 60 days after the registrar is given the request for a review.

(6) The college may, in accordance with the bylaws, charge a fee for a review. 1999 cH-5.5 s31 Review of registration decision 32(1) An applicant and the registrar, the registration committee or competence committee may appear with or without counsel and make representations to the council at a review.

(2) On reviewing a decision pursuant to a request for a review under

section 31, the council may

RSA 2000

Section 33

Chapter H-7 HEALTH PROFESSIONS ACT 44 (

a) confirm, reverse or vary the decision of the registrar, registration committee or competence committee and make any decision that the registrar, registration committee or competence committee could have made, (

b) refer the matter back to the registrar, registration commi ttee or competence committee and direct the registrar, registration committee or competence committee to make a further assessment of the application and make a decision under

section 30 on the application, and (

c) make any further order th e council considers necessary for the purposes of carrying out its decision.

(3) The council must conduct the review as soon as reasonably possible and on making a decision must give the applicant and the registrar a copy of its decision with the reasons for the decision. 1999 cH-5.5 s32 Registration Registers of members 33(1) A council (

a) must establish, in accordance with the regulations, a regulated members register for one or more categories of members who provide professional services of the regulated profession, and (

b) may, in accordance with the bylaws, establish other members registers for one or more categories of non-regulated members.

(2) The name of a regulated member who is suspended remains in the register.

(3) The registrar must enter the following information for each regulated member in the appropriate category of register established under subsection (1)(a): (

a) the full name of the member; (

b) the member’s unique registration number; (b.1) whether the member’s regis tration is restricted to a period of time and, if so, the period of time; (

c) any conditions imposed on the member’s practice permit; (

d) the status of the member’s practice permit, including whether it is suspended or cancelled;

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Section 33

Chapter H-7 HEALTH PROFESSIONS ACT 45 (

e) the member’s practice sp ecialization recognized by the college; (

f) whether the member is authorized to provide a restricted activity not normally provided by regulated members of the college; (

g) whether the member is not authorized to provide a restrict ed activity that is normally provided by regulated members of the college; (

h) information described in

section 119(1).

(4) The registrar (

a) may, in accordan ce with the bylaws, (

i) enter in a register des cribed in subsection (1)(

a) information in addition to that required by subsection (3), and (ii) remove information from a register, a n d (

b) must require regulated members and applicants for registration as regulated members to provide, in accordance with the bylaws and the regulations under

section 134, information respecting (

i) the demographic status o f the regulated member or applicant, including, without limitation, addresses, email addresses and other contact information, (ii) education, training and experience of the regulated member or applicant, including, without limitation, degrees, diplomas, certificates and professional examinations, and (iii) the regulated member’s practice of the regulated profession, including, without limitation, practice locations, areas of practice, specializations, names of supervisors or supervisees and other professional registrations within Alberta or in other jurisdictions.

(4.1) The registrar must require regulated members and applicants for registration to provide all changes to the information required under subsection (4)(

b) whenever that information changes.

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Section 34

Chapter H-7 HEALTH PROFESSIONS ACT 46

(5) The registrar may, if authorized by the bylaws, enter in a register and remove from the register information about members registered under subsection (1)(b). RSA 2000 cH-7 s33;2001 c21 s3;2003 c39 s2;2020 c35 s83 Register information 34(1) If a member of the public, during regular business hours, requests information on the register respecting a named regulated member, the college must provide the information described in

section 33(3) with respect to that member.

(2) A college may, in accordance with the regulations, disclose information about its members in addition to the information referred to in subsection (1). RSA 2000 cH-7 s34;2006 c19 s2(5) Register error 35(1) The council, hearing tribunal, registration committee, complaint review committee or competence committee may direct the registrar to correct or remove, and the registrar may correct or remove, any entry made in error in a register.

(2) A regulated member may request the registrar to correct or remove any information in the register that is inaccurate or incomplete if the regulated member provides the registrar with the information that is necessary to enable the registrar to correct the incomplete or inaccurate information. RSA 2000 cH-7 s35;2008 c34 s5;2018 c15 s6 Registration of regulated members 36(1) If an application for registration as a regulated member has been approved and all the applicable fees provided for in the bylaws have been paid, the registrar must assign that member a unique registration number and enter the information required by

section 33(3) in the appropriate register.

(2) On entering the name of a person in the register of regulated members, the registrar must issue the person a practice permit.

(3) A practice permit must include (

a) the name of the regulated member; (

b) the regulated member’s unique registration number; (

c) the name of the college that is issuing the practice permi t; (

d) a statement that the prac tice permit is issued pursuant to the Health Professions Act;

RSA 2000

Section 37

Chapter H-7 HEALTH PROFESSIONS ACT 47 (

e) any conditions imposed on th e regulated member’s practice permit; (

f) the category of registration if the college has more than one category of regulated member; (

g) the expiry date of the practice permit.

(4) If a college issues a registration document in addition to a practice permit, the college must clearly state on the registration document that it is not a practice permit.

(5) A regulated member must (

a) display the regulated mem ber’s practice permit where the regulated member provides professional services, or (

b) on request, make the regu lated member’s practice permit available for inspection. RSA 2000 cH-7 s36;2007 c32 s1(8) Corporations not members 37 A corporation, professional corporation or physical therapy corporation may not be registered as a regulated member nor as an other member. 1999 cH-5.5 s37 Practice Permit Renewal Application date for practice permit 38(1) A regulated member must submit a complete application for a practice permit to the registrar periodically by the date provided for in the bylaws.

(2) On receipt of an application for a practice permit, the registrar, registration committee or competence committee, as provided for in the bylaws, must, as soon as possible, consider the application and make a decision under

section 40(2) and notify the applicant of the decision.

(3) A regulated member’s practice permit continues in force if an application for a practice permit has been received by the registrar but a decision on the application has not been made. 1999 cH-5.5 s38 Suspension if application is not made 39 If a regulated member’s application for renewal of a practice permit is not received by the registrar by the date provided for in the bylaws, the member’s practice permit is suspended and the

RSA 2000

Section 40

Chapter H-7 HEALTH PROFESSIONS ACT 48 registrar may cancel the member’s practice permit in accordance with

section 43. RSA 2000 cH-7 s39;2001 c21 s4 Applying for practice permit 40(1) An application for a practice permit is complete for consideration under subsection (2) if it is in the form required and given to the registrar by a regulated member (

a) whose registration is not suspended or cancelled, (

b) who (

i) meets the requirements for continuing competence of applicants for a practice permit provided for in the standards of practice, or (ii) is enrolled as a student in a program of studies provided for in the regulations or in a substantially equivalent program, (

c) who provides evidence of having the amount and type of professional liability insurance required by the bylaws, (

d) who provides the information required by the registrar und er

section 33(3) and (4)(b), (d.1) who, on the request of the registrar, provides current evidence of the registered member’s character and reputation, (d.2) who, on the request of the registrar, provides current evidence of the member’s fitness to practise, and (

e) who has paid the practice permit fee provided for in the bylaws and provided any information requested under

section 122.

(2) The registrar, registration committee or competence committee, as provided for in the bylaws, must consider an application for a practice permit and decide whether (

a) to approve the application if the regulated member meets the requirements set out in subsection (1) and issue the member a practice permit, (

b) to issue a practice permit subject to conditions imposed under this Part, Parts 3, 3.1 or 4 or a direction under

section 118,

RSA 2000

Section 40.1

Chapter H-7 HEALTH PROFESSIONS ACT 49 (

c) to suspend the practice permit of the regulated member unt il the member has successfully completed the continuing competence requirements set out in the regulations or is enrolled in a program of studies provided for in the regulations or in a substantially equivalent program, or (

d) to refuse the application for a practice permit, and must give the regulated member and, in the case of the registration committee or competence committee, give the registrar a copy of the decision, and the registrar may, or the registration committee or competence committee may direct the registrar to issue the practice permit or suspend the practice permit in accordance with the decision, and notify the regulated member of the decision and how to request a review under

section 41.

(3) If the registrar, registration committee or competence committee suspends or refuses a practice permit or imposes conditions on a practice permit, the registrar, registration committee or competence committee must include reasons in the decision under subsection (2). RSA 2000 cH-7 s40;2001 c21 s5;2007 c32 s1(9); 2008 c34 s6;2020 c35 s84 Conditions on a practice permit 40.1(1) Where the registrar, complaints director, registration committee or competence committee imposes conditions on a regulated member’s practice permit, the conditions that may be imposed include, but are not limited to, conditions that (

a) the regulated member practise under supervision, (

b) the regulated member’s pr actice be limited to specified professional services or to specified areas of the practice, (

c) the regulated member refr ain from performing specified restricted activities, (

d) the regulated member refrain from engaging in sole practic e, (

e) the regulated member submit to additional practice visits or other assessments, (

f) the member report to the registrar on specified matters on specified dates, (

g) the practice permit is val id only for a specified purpose and time,

RSA 2000

Section 41

Chapter H-7 HEALTH PROFESSIONS ACT 50 (

h) the member be prohibited from supervising students, other members or other health professionals, and (

i) the member complete the continuing competence requirements within a specified time.

(2) If the registrar, complaints director, registration committee or competence committee imposes conditions on a practice permit, the registrar, complaints director, registration committee or competence committee must provide reasons for that decision. 2020 c35 s85 Review by council 41(1) An applicant whose practice permit is issued subject to conditions, suspended or refused by the registrar, registration committee or competence committee may, within 30 days after being given a copy of the decision, request a review by giving the registrar a written request for a review that sets out the reasons why the application should be approved with or without conditions.

(2) On being given a request for a review, the registrar must, within 30 days, notify the applicant of the date, time and place at which the council will conduct the review.

(3) A review must be commenced not later than 60 days after the registrar is given the request for a review.

(4) A regulated member whose practice permit is suspended under this

section may apply to the registrar for a stay of the suspension until the council makes a decision under subsection (6), and the person or committee designated by the council must consider and make a decision on the application.

(5) The applicant and the registrar, registration committee or competence committee may appear with or without counsel and make representations to the council at the review.

(6) On completing a review, the council may (

a) confirm, reverse or vary the decision of the registrar, registration committee or competence committee and make any decision that the registrar, registration committee or competence committee could have made, or (

b) refer the matter back to the registrar, registration commi ttee or competence committee and direct the registrar, registration committee or competence committee to make a further assessment of the application for a practice permit and make a decision under

section 40(2) on the application,

RSA 2000

Section 43

Chapter H-7 HEALTH PROFESSIONS ACT 51 and may make any further order the council considers necessary for the purposes of carrying out its decision.

(7) The council must give the applicant and the registrar a written copy of its decision under subsection (6) with the reasons for the decision.

(8) The college may, in accordance with the bylaws, charge a fee for a review. 1999 cH-5.5 s41 Suspension, Cancellation and Reinstatement 42 Repealed 2001 c21 s6. Cancellation of practice permit 43(1) If a regulated member does not apply for a practice permit under

section 38(1), is in default of payment of the practice permit fee or fails to pay a penalty, costs or any other fees, levies or assessments due under this Act or the bylaws, the registrar, after 30 days or a greater number of days, as set out in the notice, after giving notice to the regulated member, may cancel the regulated member’s practice permit and registration.

(2) The notice under subsection (1) must state that the registrar may cancel the practice permit and the registration of the regulated member unless a complete application for a practice permit is received, the practice permit fee is paid, and any other penalties, costs, fees, levies or assessments are paid, as indicated in the notice.

(3) If a practice permit and registration are cancelled under subsection (2) only because the practice permit fee or a penalty, cost, fee, levy or assessment is not paid, the registrar may, on its payment, issue or reissue the practice permit and reinstate the registration.

(4) If the registrar is satisfied that a regulated member does not comply with conditions imposed under

section 40(2) within the time specified, the registrar may cancel the regulated member’s practice permit and registration or may refer the matter to the registration committee or competence committee as provided for in the bylaws and the registration committee or competence committee, on being satisfied that the conditions are not complied with, may direct the registrar to cancel the member’s practice permit and registration.

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Section 44

Chapter H-7 HEALTH PROFESSIONS ACT 52

(5) The registrar may cancel the registration or practice permit of a regulated member and cancel the registration of an other member on the member’s request.

(6) The registrar may cancel the registration and practice permit of a regulated member on receipt of proof satisfactory to the registrar that the member is deceased. RSA 2000 cH-7 s43;2001 c21 s7;2007 c32 s1(10) Return of suspended or cancelled permit 44 If the practice permit of a regulated member is suspended or cancelled under this Part, suspended or cancelled under an order under

Part 4 or suspended under

Part 6, that regulated member must, on request, send the practice permit to the registrar. 1999 cH-5.5 s44 Reinstatement 45(1) A regulated member whose practice permit and registration are cancelled under this Act, except under

Part 4, may apply for the practice permit to be reissued and the registration to be reinstated in accordance with the bylaws.

(2) Subject to subsection (3) or (4), a person whose practice permit and registration are cancelled under

Part 4 may apply for the practice permit to be reissued and the registration to be reinstated in accordance with

section 45.1.

(3) A person whose practice permit and registration are cancelled as a result of a decision of unprofessional conduct based in whole or in part (

a) on sexual abuse, (a.1) on a conviction of the person under

section 268 of the Criminal Code (Canada) in respect of wounding or maiming within the meaning of subsection 268(3) of the Criminal Code (Canada), or (

b) on a conviction of the pers on under

section 151, 152, 153, 153.1, 155, 162, 162.1, 163.1, 171.1, 172.1, 172.2, 173, 271, 272, 273, 286.1, 286.2 or 286.3 of the Criminal Code (Canada), may not apply for the practice permit to be reissued and the registration reinstated.

(4) Subject to subsection (3), a person whose practice permit and registration are cancelled as a result of a decision of unprofessional conduct based in whole or in part on sexual misconduct may not apply for the practice permit to be reissued and the registration to

RSA 2000

Section 45.1

Chapter H-7 HEALTH PROFESSIONS ACT 53 be reinstated until at least 5 years have elapsed from the date that the decision of unprofessional conduct was made by the hearing tribunal.

(5) A person whose practice permit and registration are cancelled under

section 96.2(1)(

a) or (2)(

a) may not apply for the practice permit to be reissued and the registration to be reinstated.

(6) If a person’s application under subsection (4) is refused, the person must wait a minimum of 6 months before making a subsequent application to have the person’s practice permit reissued and registration reinstated. RSA 2000 cH-7 s45;2001 c21 s8;2018 c15 s7;2020 c35 s86; 2022 c9 s4 Reinstatement following cancellation of practice permit, registration under

Part 4 45.1(1) A person whose practice permit and registration have been cancelled under

Part 4 of this Act may, subject to

section 45(3), apply in writing to the registrar to have the practice permit reissued and registration reinstated.

(2) An application under subsection (1) (

a) subject to

section 45(4), mu st not be made earlier than 3 years after the date of the cancellation, and (

b) must not be made more fre quently than once in each year after an application is refused under subsection (6)(a).

(3) An application under subsection (1) must provide evidence of the applicant’s qualifications for registration.

(4) An application under subsection (1) must be considered by the registrar, registration committee or competence committee in accordance with the process set out in sections 28 to 30.

(5) When reviewing an application under subsection (1), the registrar, registration committee or competence committee must consider (

a) the record of the hearing a t which the applicant’s practice permit and registration were cancelled, and (

b) whether the applicant (

i) meets the current requirements for a practice permit and registration,

RSA 2000

Section 45.1

Chapter H-7 HEALTH PROFESSIONS ACT 54 (ii) has met any conditions imp osed under

Part 4 of the Act before the applicant’s practice permit and registration were cancelled, (iii) is fit to practise, and (iv) does not pose a risk to public safety or to the integrity of the profession.

(6) The registrar, registration committee or competence committee may, on completing the review of the application in accordance with subsections (4) and (5), issue a written decision containing one or more of the following orders: (

a) an order refusing the application; (

b) an order approving the application; (

c) an order to defer the reiss uance of the practice permit and reinstatement of the registration until the applicant has complied with conditions imposed by the registrar, registration committee or competence committee; (

d) an order directing the app licant to pay any or all of the college’s expenses incurred in respect of the application, as provided for in the bylaws; (

e) any other order that the re gistrar, registration committee or competence committee considers necessary for the protection of the public.

(7) An applicant whose application is refused or whose application for reissuance and reinstatement is deferred under subsection (6)(

c) may, within 30 days of receipt of the decision, request a review of the decision by the council.

(8) Sections 31 and 32 apply to a review requested under subsection (7).

(9) The registrar, registration committee and competence committee referred to in subsection (4) and the council referred to in subsection (7) may order that its decision be published in a manner it considers appropriate.

(10) The college must publish or otherwise make available a decision under subsection (6) or (8) for a period of at least 2 years from the date of the decision. 2020 c35 s87

RSA 2000

Section 46

Chapter H-7 HEALTH PROFESSIONS ACT 55 Registration Required Mandatory registration 46(1) A person must apply for registration if the person (

a) meets the requirements of s ection 28(2) for registration as a regulated member, and (

b) intends to provide one or more of the following: (

i) professional services directly to the public; (ii) the manufacture of dental appliances or conducting of laboratory tests that are used by other regulated members to provide professional services directly to the public; (iii) food and nutrition professi onal services that are used by other regulated members and individuals to provide services directly to the public; (iv) the teaching of t he practice of a regulated profession to regulated members or students of the regulated profession; (

v) the supervision of regulated members who provide professional services to the public.

(2) If a registrar is of the opinion that a person who is not a regulated member meets or may meet the requirements of subsection (1)(

a) with respect to the college and provides any services described in subsection (1)(b), the registrar may give that person a written request to apply for registration.

(3) A person who receives a request under subsection (2) must give a complete application for registration, except for the application fee, to the registrar within 30 days after receiving the request, however, the application fee must be paid prior to registration.

(4) This

section does not apply to a person who is (

a) a regulated member of another college, (

b) a student of a regulated profession, (

c) authorized to provide services referred to in subsection ( 1) pursuant to another enactment, or (

d) qualified to be register ed as an emergency medical responder and

RSA 2000

Section 47

Chapter H-7 HEALTH PROFESSIONS ACT 56 (

i) who is not primarily emplo yed to provide health services but while employed, or (ii) who provides volunteer services other than services as an ambulance attendant and, while providing those services, provides health servi ces to another person. RSA 2000 cH-7 s46;2006 c19 s2(22);2007 c32 s1(11) Prohibition 47(1) No person shall knowingly employ a person who meets the requirements of

section 46(1)(

a) to provide services described in

section 46(1)(

b) unless that employed person is (

a) a regulated member, or (

b) authorized to provide the services pursuant to another enactment.

(2) A person who meets the requirements of

section 46(1)(

a) and who is to be employed to provide services described in

section 46(1)(

b) must, (

a) before being so employed, provide the employer with evidence of (

i) a practice permit in good standing, or (ii) an authorization to provide the services pursuant to another enactment, a n d (

b) while so employed, notify the employer (

i) if the conditions imposed on the practice permit are varied or cancelled, if additional conditions are imposed on the practice permit or if the practice permit is suspended or cancelled, or (ii) if there are any changes to the authorization to provide the services pursuant to another enactment or if the authorization is suspended or cancelled or expires. RSA 2000 cH-7 s47;2007 c32 s1(12) Offence 48(1) A person who meets the requirements of

section 46(1) but does not comply with a request under

section 46(2) is guilty of an offence.

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Section 49

Chapter H-7 HEALTH PROFESSIONS ACT 57

(1.1) A person who knowingly employs a person in contravention of

section 47(1) is guilty of an offence.

(2) A person who is guilty of an offence under subsection (1) is liable (

a) for a first offence, to a fine of not more than $2000, (

b) for a 2nd offence, to a fine of not more than $4000, and (

c) for a 3rd and every subsequent offence, to a fine of not m ore than $6000 or to imprisonment for a term of not more than 6 months or to both fine and imprisonment.

(2.1) A person who is guilty of an offence under subsection (1.1) is liable (

a) for a first offence, to a fine of not more than $4000, (

b) for a 2nd offence, to a fine of not more than $8000, and (

c) for a 3rd and every subsequent offence, to a fine of not m ore than $12 000 or to imprisonment for a term of not more than 12 months or to both a fine and imprisonment.

(3) A prosecution under this

section may be commenced within 2 years after the commission of the alleged offence, but not afterwards. RSA 2000 cH-7 s48;2007 c32 s1(13) Injunction 49 The Court of King’s Bench, on application by a college, may grant an injunction enjoining any person who on reasonable and probable grounds appears to meet the requirements of

section 46(1)(

a) from providing services described in

section 46(1)(

b) if (

a) the person is not a regulated member and is not authorized to provide the services pursuant to another enactment, or (

b) the person fails to comply with

section 46(3) on receiving a written request under

section 46(2). RSA 2000 cH-7 s49;2007 c32 s1(14);2009 c53 s79; AR 217/2022

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Section 50

Chapter H-7 HEALTH PROFESSIONS ACT 58

Part 3 Continuing Competence and Practice Visits Continuing Competence Program Continuing competence program 50(1) A council that exists immediately before the coming into force of this subsection must establish a continuing competence program within its standards of practice within 18 months after the coming into force of this subsection.

(1.1) A council that is established after the coming into force of this subsection must establish a continuing competence program within its standards of practice within 18 months from the date that the

schedule to this Act with respect to the profession comes into force.

(1.2) Section 133 applies in respect of the adoption of standards of practice under this

section as if the standards of practice were adopted under

section 133.

(2) A continuing competence program (

a) must provide for regulat ed members or categories of regulated members to maintain competence and to enhance the provision of professional services by participating in a program for self-directed professional development, and (

b) may provide for practice visits, examinations, interviews or other competence assessments of the regulated members or categories of regulated members.

(3) If a continuing competence program includes a requirement for regulated members to complete specified education or training, the education or training must relate only to maintaining professional competence or ethical standards for the practice of the regulated profession.

RSA 2000 cH-7 s50;2001 c21 s9;2006 c19 s2(6); 2008 c34 s7;2020 c35 s88;2025 c21 s9 Exemption from specified education or training 50.1(1) If, at the time of the coming into force of this section, a continuing competence program includes a requirement for regulated members to complete specified education or training, a council must, within 18 months after the coming into force of this section, establish a process for regulated members to apply for an exemption from the specified education or training.

RSA 2000

Section 51

Chapter H-7 HEALTH PROFESSIONS ACT 59

(2) Before a council establishes a requirement for regulated members to complete specified education or training as part of a continuing competence program, the council must establish a process for regulated members to apply for an exemption from the specified education or training.

(3) An exemption may be issued, in accordance with the process established under subsection (1) or (2), on terms and conditions that are appropriate and consistent with the objectives of the specified education or training and may include a requirement for alternative specified education and training. 2025 c21 s9 Practice Visits Practice visit 51(1) In this section, “publicly funded facility” means an institution or facility where professional services are provided and that (

a) is an approved hospital as defined in the Provincial Health Agencies Act, a continuing care home as defined in the Continuing Care Act, a correctional institution as defined in the Corrections Act, a facility as defined in the Mental Health Act, a diagnostic or treatment centre made available under

section 49(

b) of the Mental Health Act, a facility as defined in

section 1(1)(f.1)(ii) and (iii) of the Protection for Persons in Care Act or an institution or facility operated by or approved by the Minister, or (

b) is operated by or receives its current operating funds or part of them directly or indirectly from the Government of Alberta and is (

i) a place of care for person s who are aged or infirm or who require special care, (ii) a hostel or other estab lishment operated to provide accommodation and maintenance for not fewer than 4 unemployed or indigent persons, (iii) an emergency shelter, (iv) a residential alcohol and drug abuse treatment centre, (

v) a group home or shelter for physically or mentally handicapped persons, or (vi) a vocational rehabilitation and training centre for physically or mentally handicapped persons.

RSA 2000

Section 51

Chapter H-7 HEALTH PROFESSIONS ACT 60

(2) If authorized by standards of practice to carry out assessments of a regulated member’s competence as part of a continuing competence program, the competence committee may direct that a regulated member participate in an assessment of a regulated member’s competence, and the regulated member must co-operate with the competence committee and any person appointed under

section 11.

(3) For the purposes of conducting a practice visit, any or all of the members of the competence committee and a person appointed under

section 11 may, in order to ensure that continuing competence requirements are met, (

a) subject to subsection (4), a t any reasonable time and on having given notice, enter and inspect any place where the regulated member provides professional services; (

b) interview a regulated member about the member’s professional services; (

c) observe the regulated member providing professional services if the person who is receiving the professional services consents; (

d) interview or survey patients, clients and co-workers or th e regulated member about the regulated member’s professional services; (

e) review documents, including patient records, and examine substances and things that (

i) are owned by or under the control of the regulated member, and (ii) are related to the provis ion of professional services by the regulated member; (

f) assess the safety and condition of equipment and technolog y used by the regulated member in the provision of professional services.

(4) No member of the competence committee and no person appointed under

section 11 may enter (

a) a private dwell ing place or any part of a place that is designed to be used and is being used as a permanent or temporary private dwelling place except with the consent of the occupant of the dwelling place, or

RSA 2000

Section 51.1

Chapter H-7 HEALTH PROFESSIONS ACT 61 (

b) a publicly funded facility except with the consent and agreement to the carrying out of one or more of the powers and duties under subsection (3) of the person who controls or operates the publicly funded facility.

(5) Within 90 days after completing a practice visit the competence committee must (

a) give a report to the regulated member setting out the findings of the visit; (

b) decide and advise the regulated member and the registrar whether (

i) the results from the prac tice visit were satisfactory, (ii) the regulated member must comply with directions imposed in accordance with the standards of practice, or (iii) in accordance with this Part , the information obtained from the practice visit has been referred to the complaints director.

(6) Repealed 2001 c21 s10. RSA 2000 cH-7 s51;2001 c21 s10;2002 c24 s12;2007 c32 s1(15); 2008 cH-4.3 s19;2008 c34 s8;2013 c10 s17;2019 c15 s19; 2020 c35 s89;2022 cC-26.7 s71;2022 c21 s38;2025 c10 s27 Referral to complaints director 51.1(1) The competence committee, registration committee or registrar must make a referral to the complaints director if, on the basis of information obtained from a continuing competence program, the competence committee, registration committee or registrar is of the opinion that a regulated member has intentionally provided false or misleading information under this Part.

(2) The competence committee must make a referral to the complaints director if, on the basis of information obtained from a continuing competence assessment, it is of the opinion that (

a) the regulated member displa ys a lack of competence in the provision of professional services that has not been remedied by participating in the continuing competence program,

RSA 2000

Section 52

Chapter H-7 HEALTH PROFESSIONS ACT 62 (

b) the regulated member may be incapacitated, or (

c) the conduct of the regulated member constitutes unprofessional conduct that cannot be readily remedied by means of the continuing competence program. 2001 c21 s11;2020 c35 s90 Confidentiality 52(1) Information related to participation in a continuing competence program under this

Part is confidential, and any person who has access to or comes into possession of such information shall not publish, release or disclose the information in any manner except as is necessary to carry out powers and duties under this Part.

(2) Despite subsection (1), information obtained under this Part may be (

a) provided or published by the competence committee in summarized or statistical form if the information is provided or published in such a manner that it is not possible to relate the information to any particular identifiable person or facility, (

b) used by the competence committee to give to the complaints director the name of a regulated member and the grounds for a referral under

section 51.1, and (

c) released or disclosed to the counsel of the regulated member in connection with proceedings under this Part,

Part 2 or

Part 4.

(3) If any person publishes, releases or discloses information in contravention of this section, that information may not be used in proceedings under any other Part of this Act, in any arbitration, inquiry, action or matter, or in any proceedings before a court. RSA 2000 cH-7 s52;2001 c21 s12 Offence 53 A person who knowingly publishes, releases or discloses information in contravention of

section 52 is guilty of an offence and liable to a fine of not more than $10 000. 1999 cH-5.5 s12

Part 3.1 Inspections Inspectors 53.1 A council may appoint inspectors for the purpose of determining whether regulated members are complying with this

RSA 2000

Section 53.2

Chapter H-7 HEALTH PROFESSIONS ACT 63 Act and the bylaws, standards of practice and code of ethics of the regulated profession. 2008 c34 s9 Inspection powers 53.2(1) Subject to the regulations, an inspector (

a) may, at any reasonable time, (

i) require any person to a nswer any questions that are relevant to the inspection and direct the person to answer the questions under oath, and (ii) require any person to g ive to the inspector any document, substance or thing relevant to the inspection that the person possesses or that is under the control of the person, (

b) may require any person to give up possession of any document described in clause (

a) to allow the inspector to take it away to copy it, in which case the inspector must return it within a reasonable time of being given it, (

c) may require any person to give up possession of any substance and thing described in clause (

a) to allow the inspector to take it away to examine it and perform tests on it, in which case the inspector must return it, if appropriate and possible, within a reasonable time of being given it, and (

d) subject to subsection (6), m ay at any reasonable time enter and inspect any place (

i) where a regulated member provides professional services, (ii) related to the provision of professional services, or (iii) where documents associa ted with the provision of professional services are maintained.

(2) An inspector may copy and keep copies of anything given to the inspector under subsection (1).

(3) A person may comply with a request to give documents under subsection (1)(a)(ii) or an order to produce documents under

section 53.3(1)(a)(

i) by giving copies of the documents to the inspector.

(4) If a person gives copies under subsection (3), the person must, on the request of the inspector, allow the inspector to compare the

RSA 2000

Section 53.3

Chapter H-7 HEALTH PROFESSIONS ACT 64 copies with the original documents at the person’s place of business during regular business hours.

(5) An inspector who makes a comparison under subsection (4) may take away the original documents to perform tests on them and must return them within a reasonable time of taking them.

(6) No inspector may enter (

a) a private dwell ing place or any part of a place that is designed to be used and is being used as a permanent or temporary private dwelling place except (

i) with the consent of the o ccupant of the dwelling place, or (ii) pursuant to an order of the Court of King’s Bench; (

b) a publicly funded facility as defined in

section 51(1), ex cept (

i) with the consent and agreement of the person who controls or operates the publicly funded facility to the carrying out of one or more of the powers and duties under subsection (1), or (ii) pursuant to an order of the Court of King’s Bench. 2008 c34 s9;AR 217/2022 Application to Court 53.3(1) The registrar, on the request of an inspector, may apply to the Court of King’s Bench for (

a) an order directing any person (

i) to produce to the inspector any documents, substances or things relevant to the inspection in the person’s possession or under the person’s control, (ii) to give up possession of any document described in subclause (

i) to allow the inspector to take it away to copy it, in which case the inspector must return it within a reasonable time after receiving it, (iii) to give up possession of an y substance or thing described in subclause (

i) to allow the inspector to take it away, examine it and perform tests on it, in which case the inspector must return it, if possible, within a reasonable time of being given it, or

RSA 2000

Section 53.4

Chapter H-7 HEALTH PROFESSIONS ACT 65 (iv) to allow an inspector to enter any place for the purpose of conducting an inspection, (

b) an order directing any person to attend before the inspect or to answer any relevant questions the inspector may have relating to the inspection, or (

c) an order authorizing an inspector to conduct an inspection in a private dwelling place or in a publicly funded facility as defined in

section 51(1).

(2) An application for an order under subsection (1) may be made without notice if the Court is satisfied that it is proper to make the order in the circumstances. 2008 c34 s9;AR 217/2022 Report of inspection to registrar 53.4(1) Within 90 days after completing an inspection the inspector who conducted the inspection must give a report setting out the findings of the inspection to the regulated member and the registrar.

(2) The registrar must make a referral to the complaints director if, on the basis of information contained in the inspection report, the registrar is of the opinion that (

a) a regulated member has failed or refused to co-operate wit h an inspector conducting an inspection under this Part, (

b) a regulated member has provided false or misleading information under this Part, (

c) a regulated member has failed or refused to comply with a direction made by the registrar under subsection (3), (

d) a regulated member may be incapacitated, or (

e) a regulated member’s conduct constitutes other unprofessional conduct.

(3) Despite subsection (2)(e), if the registrar is of the opinion that the conduct of the regulated member constitutes unprofessional conduct that was minor in nature, the registrar may direct the regulated member to take specified actions instead of making a referral under subsection (2)(e).

RSA 2000

Section 53.5

Chapter H-7 HEALTH PROFESSIONS ACT 66

(4) Information respecting a regulated member that is obtained under this Part may be provided to the complaints director if the registrar makes a referral to the complaints director in respect of that regulated member under this section. 2008 c34 s9 Inspection committee 53.5(1) A council may establish an inspection committee to carry out the powers and duties of the registrar under this Part except those described in

section 53.3.

(2) An inspection committee must consist of one or more members appointed by the council.

(3) If a council establishes an inspection committee under subsection (1), the powers and duties of the registrar under this Part, except those described in

section 53.3, are vested in and may be exercised by the inspection committee, and any reference to the registrar in this Part, except in

section 53.3, is deemed to be a reference to the inspection committee. 2008 c34 s9

Part 4 Professional Conduct Division 1 Complaint Process Making a complaint 54(1) A person who makes a complaint to a complaints director regarding a regulated member or a former member must do so in writing and must sign the written complaint.

(2) A complaint under subsection (1) is not affected by the person about whom the complaint is made ceasing to be a regulated member before the proceedings with respect to the complaint are completed.

(3) Despite subsection (1), a complaint cannot be made about a former member if 2 years have elapsed since the person became a former member.

(4) Despite subsection (1), a complaint about a former member who was a member under a former Act but has not been a regulated member under this Act may be made under this Part only if discipline proceedings under the former Act could be commenced if that Act were still in force.

RSA 2000

Section 55

Chapter H-7 HEALTH PROFESSIONS ACT 67

(5) If information, a notice or non-compliance is treated as a complaint under

section 56 and acted on under

section 55, the information, notice or non-compliance is deemed to be a complaint. RSA 2000 cH-7 s54;2006 c19 s2(7);2017 c22 s24 Acting on a complaint 55(1) Within 30 days after being given a complaint or treating information as a complaint, the complaints director must give notice to the complainant of the action taken with respect to it.

(1.1) In addition to complying with subsection (1), the complaints director must, immediately after receiving a notice or complaint alleging the procurement or performance of female genital mutilation or treating information as a complaint alleging the procurement or performance of female genital mutilation, report the matter to a law enforcement agency.

(1.2) If a regulated member is convicted of a criminal offence related to the procurement or performance of female genital mutilation, the complaints director must, immediately after being informed of the conviction, notify the registrar of the regulated member’s conviction.

(1.3) The registrar must cancel a regulated member’s practice permit and registration immediately after receiving a notification under subsection (1.2) or

section 127.1(4) of the regulated member’s conviction.

(2) The complaints director (

a) subject to subsections (2.1) and (2.2), may encourage the complainant and the investigated person to communicate with each other and resolve the complaint, (a.1) may, with the consent of the complainant and the investigated person, attempt to resolve the complaint, (

b) subject to subsections (2.1) and (2.2), may make a referra l to an alternative complaint resolution process under Division 2, (

c) may request an ex

Document details

Collection	Alberta — Consolidated Statutes
Citation	RSA 2000 cH-7
Type	statute
Volume / chapter	RSA 2000 cH-7
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	d8117e0c254d9a601b7d3ca449827f74f5d0e504

Source file is stored in the law ingest library (pdf).