BILL 64

An Act to Amend An Act Respecting Podiatry

WHEREAS the N.B. Podiatry Assoc. Inc. prays that it be enacted as hereinafter set forth;

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

1 Section 2 of An Act Respecting Podiatry, chapter 101 of the Acts of New Brunswick, 1983, is amended

ain subsection (1) by adding the following definitions in alphabetical order:

“administer” means the direct application of a substance to the body of a patient by ingestion, application, inhalation, injection, or any other means; (administrer)

“drug” includes any substance or mixture of substances manufactured, compounded, sold or represented for use in: (médicaments)

athe diagnosis, treatment, mitigation or prevention of a disease, disorder or abnormal physical state, or its symptoms, in human beings or animals; or

brestoring, correcting or modifying organic functions in human beings or animals;

but is limited to those substances enumerated in the by-laws, rules or regulations;

“Minister” means the Minister of Health and includes any person designated by the Minister to act on the Minister’s behalf; (ministre)

“podiatry” means the practice of podiatry and includes that field of medicine which strives to improve the overall health and well-being of patients by focusing on preventing, diagnosing and treating conditions associated with the foot and ankle by practising on the lower extremities using modalities which may include medical, biomechanical and surgical means; (podiatrie)

bby adding after subsection (2) the following:

AUTHORIZED ACTS

2( 3) In the course of engaging in the practice of podiatry, a member of the association is authorized, subject to the terms, conditions and limitations imposed on his or her certificate of membership, to perform the following:

aprescribing drugs designated in the by-laws, rules or regulations;

badministering, by inhalation, a substance designated in the by-laws, rules or regulations;

cadministering, by injection into feet, a substance designated in the by-laws, rules or regulations; and

dcutting into subcutaneous tissues of the foot.

2 Section 6 of the Act is amended

aby repealing subsection (1) and substituting the following:

6( 1) The association shall be governed by a council consisting of persons who shall be:

amembers of the association elected pursuant to sections 8, 9 and 10, being not more than four; and

bone lay representative appointed pursuant to subsection (1.1).

bby adding after subsection (1) the following:

LAY REPRESENTATIVE ON COUNCIL

6( 1.1) The Minister may appoint one person to the council.

6( 1.2) The Ministerial appointment to council shall:

abe a resident of New Brunswick;

bnot be, and never have been, a podiatrist; and

cbe named from a panel of not fewer than three persons nominated by council.

6( 1.3) The term of office and conditions of the Ministerial appointment to council shall be as set out in the regulations.

6( 1.4) The powers, duties and operations of the council are not affected in any way by

athe fact that an appointment has not been made pursuant to subsection (1.1),

bthe resignation, death or disqualification of a person appointed pursuant to subsection (1.1), or

cthe failure, for any reason, of a member of council appointed pursuant to subsection (1.1) to attend any meeting of the council.

cby repealing subsection (2) and substituting the following:

6( 2) The elected members of the council, after election, shall hold office until the next regular annual general meeting of the association, when a new council shall be elected, but the elected members of the old council are eligible for re-election, and the elected members of the old council shall act until their successors are elected.

dby repealing subsection (3).

3 Section 7 of the Act is repealed and the following is substituted:

7( 1) When an elected member of the council dies or resigns, or when an elected member of the council ceases to be qualified under this Act, the remaining members of the council, or a majority of them, shall appoint a qualified person to fill the vacancy for the unexpired term, but the person so appointed shall be a person duly qualified under this Act.

7( 2) A vacancy on the council does not affect the ability of the council to act.

4 Section 13 of the Act is amended

aby repealing subsection (1) and substituting the following:

13( 1) Subject to subsection (3), the council may make by-laws, rules, and regulations, not inconsistent with this Act,

agoverning the appointment, duties and removal of members of the association and their remuneration;

bgoverning the time and place when and where the annual general meeting of the association shall be held;

cgoverning the removal of names from the general membership register of the association and the issuance, suspension, revocation and reinstatement of licences to practice;

dgoverning the imposition of terms, conditions and limitations on licences to practice and their removal;

edesignating the substances that may be administered by injection or inhalation by members of the association;

fregulating and governing the administration of substances by injection or inhalation by members of the association and ancillary matters, including, without limiting the generality of the foregoing:

( i) setting requirements respecting the administration of substances,

( ii) governing the purposes for which, or the circumstances under which, substances may be administered,

( iii) setting prohibitions;

gdesignating the drugs that may be prescribed by members of the association in the course of engaging in the practice of podiatry;

hsetting requirements for prescribing drugs and governing the purposes for which, or the circumstances under which, drugs may be prescribed;

irequiring any member of the association to have as a condition of membership professional liability insurance and prescribing the amount of such insurance;

jrespecting the term of office and conditions for appointment of the member of the council appointed pursuant to subsection 6(1.1); and

krespecting all other matters reasonably necessary for carrying out this Act, for the conduct of the affairs of the association and for the guidance, government and discipline of the members of the association, including rules of professional ethics.

bby striking out the heading “CONFIRMATION” preceding subsection (2) and substituting “COMING INTO EFFECT OF REGULATIONS”;

cby repealing subsection (2) and substituting the following:

13( 2) A new by-law, rule or regulation, or the amendment or repeal of a by-law, rule or regulation comes into force, subject to subsection (3), upon approval by the members of the association or at such later date as provided in the by-law, rule or regulation and is not effective unless:

aa majority of members of council then in office vote in favour of it; and

bit has been approved, with or without amendment, by majority vote of members of the association at an annual or special meeting of the association.

dby adding after subsection (2) the following:

13( 3) Subject to the approval of the membership obtained pursuant to the by-laws, rules, or regulations, and the Minister obtained pursuant to subsection (4), council may make, amend or repeal by-laws, rules or regulations relating to matters respecting the prescribing of drugs, the administering of substances, education, scope of practice, entry to practice, curriculum and continuing education.

13( 4) Upon receiving a written request from the association to make, amend or repeal a by-law, rule or regulation pursuant to subsection (3), the Minister shall, within thirty days, in writing, either:

aapprove the request;

breject the request with reason; or

cextend the time for his or her decision for a period not to exceed a further sixty days.

13( 5) If no written response is received from the Minister at the end of the original or extended period provided for in subsection (4), the Minister shall be deemed to have approved the proposed by-law, rule or regulation.

13( 6) The council shall forward annually to the Minister a summary of the by-laws, rules or regulations made, amended, or repealed in the preceding year.

13( 7) Notwithstanding the enactment of subsections (3) and (4), any by-laws, rules, or regulations of the association relating to matters enumerated in subsection (3) that were in existence immediately before the enactment of subsections (3) and (4) shall, to the extent that they are not inconsistent with the provisions of this Act, continue in force and effect until, and to the extent they are, superseded by by-laws, rules, or regulations made in accordance with the procedure set out in subsections (3) and (4).

5 Section 46 of the Act is amended

aby repealing paragraph (1)(a) and substituting the following:

atwo persons who are practising podiatrists, one of whom shall not be practising in New Brunswick, and one of whom shall be appointed the chairperson by the council, and

bby repealing subsection (3) and substituting the following:

46( 3) All three members of the committee are required to constitute a quorum.

6 Section 93 of the Act is amended

ain subsection (1) by striking out “of Health and Community Services”;

bin subsection (2) by striking out “of Health and Community Services”.