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Regulated Health Professions Network Regulations

made under Section 15 of the

Regulated Health Professions Network Act

S.N.S. 2012, c. 48

O.I.C. 2014-150 (April 22, 2014), N.S. Reg. 61/2014


Citation

1     These regulations may be cited as the Regulated Health Professions Network Regulations.


Definitions

2     In these regulations, “Act” means the Regulated Health Professions Network Act.


Process for modifying scope of practice

3     (1)    Subject to subsection (2), a Network member that seeks to modify the scope of practice of its profession using the process referred to in Section 18 of the Act must do all of the following:

 

                (a)    notify the Administrator of the Network appointed under Section 13 of the Act;

 

                (b)    consult each Network member whose profession’s scope of practice would, after the modification, overlap with the scope of practice of the profession of the Network member seeking the modification;

 

                (c)    after reaching an agreement with the Network members consulted under clause (b), consult all Network members other than those consulted under clause (b) about the proposed modification;

 

                (d)    after consulting the Network members referred to in clause (c), consult with other stakeholders, including representatives of Provincial associations, organizations and unions that represent or advocate on behalf of members of professions who may be affected by the proposed modification, and allow at least 30 days to receive feedback from those stakeholders;

 

                (e)    notify the public of the proposed modification by publication on the Network’s website, and allow at least 30 days to receive feedback from the public;

 

                (f)    advise the Minister of the proposed modification, the consultation process followed, and the feedback received;

 

                (g)    consult any additional stakeholders identified by the Minister in the manner directed by the Minister.

 

       (2)    If a Network member seeking to modify the scope of practice of its profession does not reach agreement with the Network members consulted under clause (1)(b), the process of seeking the modification ends.

 

       (3)    On completion of all the steps in the process set out in subsection (1), the Minister may do 1 of the following:

 

                (a)    conduct further consultations;

 

                (b)    direct the Network to carry out further work;

 

                (c)    recommend the proposed modification to the Governor in Council for approval;

 

                (d)    deny the proposed modification with reasons.

 

       (4)    For a proposed modification that involves the Nova Scotia Association of Social Workers, “Minister” in this Section includes the Minister of Community Services.


Registration Review Committee composition and meetings

4     (1)    In this Section and in Section 5, “affected Network member” means an affected Network member as defined in subsection 22(1) of the Act.

 

       (2)    Subject to subsection (3), a Registration Review Committee established by the Executive Committee under clause 22(5)(a) of the Act must be composed of the following persons:

 

                (a)    1 person who is not a member of any regulated health profession, and is a public representative on the board of a Network member, to act as a public representative;

 

                (b)    at least 1 member of the regulated health profession whose governing body is the affected Network member;

 

                (c)    at least 1 member of a regulated health profession who is not a member of the regulated health profession whose governing body is the affected Network member.

 

       (3)    A person who is a member of a committee that made a decision that is being challenged through the collaborate review process must not concurrently serve on the Registration Review Committee established to review that decision.

 

       (4)    A quorum of the Registration Review Committee consists of a majority of the committee members, and must include at least 1 person appointed under clause (1)(b).

 

       (5)    Each Registration Review Committee decision requires a majority vote of the members present.

 

       (6)    Failure of 1 or more Registration Review Committee members to receive notice of any meeting does not invalidate the proceedings at the meeting and nothing precludes the members from waiving notice of the meeting.


Collaborative registration review process

5     (1)    The process set out in this Section is prescribed as the collaborative registration review process.

 

       (2)    An appellant must notify the affected Network member that the appellant is challenging a registration or licensing decision made under the affected Network member’s governing statute.

 

       (3)    If an appellant is seeking agreement from the affected Network member to use the collaborative registration review process in accordance with subsection 22(3) of the Act, the notice required by subsection (2) must be given within the timelines for appealing or requesting a review of a decision and in the manner required by the affected Network member’s governing statute.

 

       (4)    On receipt of an appellant’s notice under subsection (2) and, if required in accordance with subsection 22(3) of the Act, reaching an agreement with the appellant to use the collaborative registration review process, the affected Network member must immediately notify the Executive Committee and request that a Registration Review Committee be established.

 

       (5)    The Registration Review Committee must determine the process to be used for the review and whether the review process will include written or oral submissions before the Committee.

 

       (6)    The Registration Review Committee may, in its discretion and under any terms that the Committee determines, allow the introduction of new evidence that was not before the affected Network member when the decision being challenged was made.

 

       (7)    The Registration Review Committee, in accordance with the information it receives, may make any determination that, in its opinion, ought to have been made by the affected Network member.

 

       (8)    The Registration Review Committee must give its decision in writing and provide the decision to the appellant and the Network representative of the affected Network member.

 

       (9)    A decision of the Registration Review Committee is final.