Bill 43 - An Act to Incorporate the New Brunswick Regulatory College of Medical Radiation Technologists

BILL 43

An Act to Incorporate the New Brunswick Regulatory College of Medical Radiation Technologists

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

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

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

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

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

DEFINITIONS

2 The following definitions apply in this Act.

“Act” means the Medical Radiation Technologists Act. (Loi)

“Board” means the Board of Directors of the College. (Conseil)

“by-laws” means the by-laws made under this Act. (règlement administratif)

“Canadian Free Trade Agreement” means the Canadian Free Trade Agreement, signed in 2017 by the Government of Canada and the governments of the provinces and territories of Canada, as amended from time to time. (Accord de libre-échange canadien)

“College” means the New Brunswick Regulatory College of Medical Radiation Technologists. (Ordre)

“Court” means The Court of King’s Bench of New Brunswick. (Cour)

“electronic means” means the use of telephone, fax, television, video conferencing, cable, Internet, intranet or any other form of electronic or computerized communication. (moyen électronique)

“health professional” means a person who is regulated under an Act of the Legislature with respect to the provision of services and includes a social worker registered under the New Brunswick Association of Social Workers Act, and who provides a service related to (professionnel de la santé)

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

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

“incapacity” means, in relation to a registrant, that the registrant is suffering from a physical or mental condition or disorder that makes it desirable in the interest of the public that the registrant no longer be permitted to practise or that the registrant’s practice be restricted, and “incapacitated” has a corresponding meaning. (incapacité)

“incompetence” means, in relation to a registrant, that the registrant’s professional care of a patient displays a lack of knowledge, skill or judgment or a disregard for the welfare of the patient of a nature or to an extent that demonstrates that the registrant is unfit to continue to practise or that the registrant’s practice should be restricted, and “incompetent” has a corresponding meaning. (incompétence)

“magnetic resonance technologist” means a person holding a licence endorsed in the specialty of magnetic resonance technology. (technologue en résonance magnétique)

“magnetic resonance technology” means the following aspects of the practice of medical radiation technology: (technologie de la résonance magnétique)

(a) the use of magnetic resonance on patients for diagnostic or therapeutic procedures on the order or prescription of an authorized health professional in order to obtain pulse sequence data sets and produce high quality diagnostic images;

(b) the education, advocacy and application of magnetic field safety in the protection of patients, health professionals and the public;

(d) the cutting of body tissue or performance of other invasive procedures on body tissue below the dermis in connection with the performance of a procedure utilizing magnetic resonance technology;

(e) the administration of prescribed pharmaceuticals in the performance of diagnostic interventions to enhance magnetic resonance images;

(f) the application of knowledge, skill and judgment in the evaluation and interpretation of diagnostic images;

(g) such other practices and procedures within the scope of practice of magnetic resonance technology as taught in an approved education program; and

(h) such other practices and procedures as set out in the regulations.

“medical radiation technology” means the act, process, science or art of practising on humans for medical purposes the technical aspects of radiation diagnosis or therapy in, or the education of students, management of employees or the carrying out of other non-clinical roles in, the following areas of practice: (technologie de la radiation médicale)

(a) magnetic resonance technology;

(b) nuclear medicine technology;

(d) radiologic technology.

“nuclear medicine technologist” means a person holding a licence endorsed in the specialty of nuclear medicine technology. (technologue en médecine nucléaire)

“nuclear medicine technology” means the following aspects of the practice of medical radiation technology: (technologie de la médecine nucléaire)

(a) the planning for and administration of radiopharmaceuticals to patients for diagnostic or therapeutic procedures on the order or prescription of an authorized health professional in order to produce high quality images for the diagnosis and treatment of disease;

(b) the education, advocacy and application of radiation safety in the protection of patients, health professionals and the public;

(d) the administration of prescribed pharmaceuticals in the performance of diagnostic interventions to enhance images;

(e) the cutting of body tissue or performance of other invasive procedures on body tissue below the dermis in connection with the performance of a procedure utilizing nuclear medicine technology;

(f) the application of knowledge, skill and judgment in the evaluation and interpretation of diagnostic images;

(g) such other practices and procedures within the scope of practice of nuclear medicine technology as taught in an approved education program; and

(h) such other practices and procedures as set out in the regulations.

“patient” means the individual, group, community or population that is the recipient of professional services and, when the context requires, includes a substitute decision-maker for the recipient of professional services. (patient)

“radiation technologist” means a person holding a licence endorsed in the specialty of radiologic technology. (technologue en radiation)

“radiation therapist” means a person holding a licence endorsed in the specialty of radiation therapy. (radiothérapeute)

“radiation therapy” means the following aspects of the practice of medical radiation technology: (radiothérapie)

(a) the planning for and administration of ionizing radiation to patients for diagnostic or therapeutic procedures on the order or prescription of an authorized health professional;

(b) the education, advocacy and application of radiation safety in the protection of patients, health professionals and the public;

(d) the administration of prescribed pharmaceuticals in the performance of therapy interventions to enhance treatment;

(e) the cutting of body tissue or performance of other invasive procedures on body tissue below the dermis in connection with the performance of a procedure utilizing radiation therapy;

(f) the application of knowledge, skill and judgment in the evaluation and interpretation of treatment;

(g) such other practices and procedures within the scope of practice of radiation therapy as taught in an approved education program; and

(h) such other practices and procedures as set out in the regulations.

“radiologic technology” means the following aspects of the practice of medical radiation technology: (technologie radiologique)

(a) the planning for and administration of ionizing radiation to patients for diagnostic or therapeutic procedures on the order or prescription of an authorized health professional in order to perform procedures and produce high quality diagnostic images;

(b) the education, advocacy and application of radiation safety in the protection of patients, health professionals and the public;

(d) the administration of prescribed pharmaceuticals in the performance of diagnostic interventions to enhance the quality of diagnostic imaging;

(e) the cutting of body tissue or performance of other invasive procedures on body tissue below the dermis in connection with the performance of a procedure utilizing radiologic technology;

(f) the application of knowledge, skill and judgment in the evaluation and interpretation of diagnostic images;

(g) such other practices and procedures within the scope of practice of radiologic technology as taught in an approved education program; and

(h) such other practices and procedures as set out in the regulations.

“register” means the register kept under subsection 22(1). (registre)

“registrant” means a person who is registered with the College. (inscrit)

“Registrar” means the Registrar of the College appointed under this Act. (registraire)

“specialty” means the practice areas of magnetic resonance technology, nuclear medicine technology, radiation therapy, radiologic technology or any other specialty set out in the regulations. (spécialité)

COLLEGE

3( 1) The New Brunswick Association of Medical Radiation Technologists, continued by An Act to Incorporate the New Brunswick Association of Medical Radiation Technologists, chapter 45 of the Acts of New Brunswick, 2004, is continued as a body corporate without share capital under the name New Brunswick Regulatory College of Medical Radiation Technologists.

3( 2) The College shall consist of persons who are members of the New Brunswick Association of Medical Radiation Technologists on the date this Act comes into force, together with persons who, under the provisions of this Act, become registrants of the New Brunswick Regulatory College of Medical Radiation Technologists.

3( 3) The category of registration of a person who is a member of the New Brunswick Association of Medical Radiation Technologists when this Act comes into force shall not change by reason of its commencement.

4( 1) The College shall provide services and communications in both official languages in accordance with the Official Languages Act.

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

4( 3) The College shall have a seal in a form provided by by-law.

OBJECTS OF THE COLLEGE

5 The objects of the College are to

(a) regulate the practice of medical radiation technology and govern its registrants in accordance with this Act, the regulations and the by-laws thereunder in order to serve and protect the public interest through registration, licensing and regulation of professional conduct and other processes set out in this Act, the regulations and the by-laws,

(b) establish, maintain, develop and enforce standards of qualification for the practice of medical radiation technology, including standards with respect to the knowledge, skill, efficiency, proficiency and accountability required of its registrants, and

(c) promote public awareness of the role of the College and the scope of practice of medical radiation technologists in order to preserve the integrity of the profession and maintain the confidence of the public in the ability of the profession to regulate itself.

POWERS OF THE COLLEGE

6 The College, in furtherance of its objects, has the power to

(a) make by-laws and regulations,

(b) provide for the discipline, governance, control and honour of persons practising the profession of medical radiation technology in New Brunswick, including the power to determine standards of professional conduct,

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

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

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

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

(g) establish and maintain a register of the persons registered as medical radiation technologists, which register shall be the official register of persons entitled to practise as medical radiation technologists in New Brunswick,

(h) collect fees, which shall be fixed by the Board on an annual basis under section 12, payable by any person

( i) upon becoming a registrant,

( ii) writing an examination prescribed by the College with a view to becoming a registrant or to maintain or reinstate registration, or

( iii) as annual dues,

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

(j) prescribe the qualifications as to education, character and experience required by any person before being registered as a medical radiation technologist in New Brunswick,

(k) provide for the determination, by examination or other means, of the competency of persons seeking to be registered as temporary medical radiation technologists,

(l) grant certificates of registration to persons qualified as medical radiation technologists,

(m) in the event of a state of emergency or other extraordinary event, including, but not limited to, a pandemic, waive prescribed qualifications for registration as a medical radiation technologist and grant certificates of registration subject to such terms or conditions as may be necessary and in the interest of the public so as to ensure continuity of care,

(n) prescribe the continuing education requirements as a condition of registration as a medical radiation technologist,

(o) enter into agreements on behalf of the College as may be necessary, incidental or conducive to carrying out the objects of the College,

(p) exempt any person from the payment of fees, dues or assessments for such reason and on such terms as the College may from time to time determine, and suspend registrants for non-payment,

(q) receive gifts, donations and bequests, and make gifts or donations for the promotion of the objects of the College,

(r) regulate advertising,

(s) call and regulate meetings and the method of voting,

(t) provide for the eligibility, nomination, election, number and term of office and duties of the Board and committees,

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

(v) establish categories of registrants in the College, and prescribe the privileges, obligations and conditions of registration,

(w) appoint an auditor,

(x) provide for the establishment and payment of scholarships, fellowships and other educational incentives, benefits and awards by the College,

(y) provide for investigations by the Complaints Committee and the Discipline and Fitness to Practise Committee, including the procedures to be followed,

(z) provide for the inspection of establishments employing medical radiation technologists in respect to radiation protection and to make necessary recommendations, in keeping with Canadian or international standards, though nothing in this paragraph requires or obligates the College to undertake any inspection,

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

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

7( 1) For the purpose of attaining its objects, and for the implementation of its powers, the College may, in consultation with registrants when so doing is deemed necessary or beneficial, make by-laws and regulations not inconsistent with the provisions of this Act.

7( 2) No new regulation or by-law, or amendment or repeal of a regulation or by-law, which provides for the qualifications and eligibility of a person to be registered as a medical radiation technologist, or which provides for continuing education or standards of practice, shall come into effect until approved by the Minister of Health.

8 The College shall report annually to its registrants with respect to its audited financial statements and may report on such other matters, including, but not limited to, disciplinary decisions and new or amended by-laws, regulations or standards of practice, as it considers relevant in order to keep the registrants apprised of developments within the profession.

BOARD OF DIRECTORS

9( 1) There is established a Board of Directors of the College, the composition of which shall be in accordance with the by-laws, and which shall include

(a) a minimum of five registrants, and such additional number of registrants as set out in the by-laws, to be elected or appointed to office in such manner as set out in the by-laws, and

(b) at least one public representative who is not a registrant of the College, to be appointed by the Minister of Health under the by-laws.

9( 2) The Board shall appoint a Registrar of the College and shall determine the term of office and the duties of the Registrar.

9( 3) The Registrar shall be a non-voting member of the Board.

9( 4) Subject to the provisions of this Act and the by-laws, the management of the College is vested in the Board.

9( 5) A majority of the Board constitutes a quorum for the transaction of business.

10( 1) The term of office of the members of the Board shall be fixed by by-law.

10( 2) The procedure to be followed when filling vacant positions on the Board shall be as set out in the by-laws.

10( 3) The members of the Executive Committee of the New Brunswick Association of Medical Radiation Technologists in office when this Act comes into force shall continue in office and exercise the functions of the Board until their successors are elected or appointed in accordance with this section and the by-laws.

10( 4) At the first meeting following the election of the Board, or as soon after as practicable, the Board shall appoint such other persons or committees as may be necessary for carrying out the provisions of this Act, and they shall hold office during the pleasure of the Board or as provided by by-law.

POWERS OF THE BOARD OF DIRECTORS

11( 1) The Board shall govern the College and manage its affairs and may take any action consistent with this Act, the regulations and the by-laws that it considers necessary for the promotion, interest or welfare of the College, including

(a) setting fees payable by applicants and registrants,

(b) approving the processes for establishing, revising and monitoring its annual budget,

(d) approving proposed changes to this Act and the regulations before seeking Legislative approval.

11( 2) In addition to any other power conferred by this or any other Act, the Board may do such things as it considers appropriate to advance the objects of the College and, without limiting the generality of the foregoing, may

(a) purchase, take in, lease, exchange, hire, construct and otherwise acquire and hold, sell, mortgage, hypothecate, lease out or otherwise deal with any real or personal property,

(b) draw, make, accept, endorse, discount, execute, and issue promissory notes, bills of exchange, warrants and other negotiable and transferrable instruments,

(d) expend the money of the College in the advancement of its objects in such manner as it considers expedient,

(e) establish and maintain such offices and agencies as it considers expedient,

(f) invest and deal with any money and funds of the College that are not immediately required, in such manner as it considers expedient,

(g) improve, manage, develop, exchange, dispose of, turn to account or otherwise deal with the real or personal property of the College,

(h) borrow money for the use of the College on its credit, limit or increase the amount to be borrowed, issue bonds, debentures, debenture stock and other securities on the credit of the College and pledge or sell such securities for such sums or at such prices it considers expedient,

(i) secure the repayment of money borrowed, in such manner and on such terms and conditions as it considers fit, and, in particular, by the execution and delivery of mortgages of all or any part of the real or personal property of the College, both present and future,

(j) when faced with a state of emergency, including, but not limited to, a pandemic, take all reasonable measures to ensure continuity of care to the public, and

(k) do such things as are incidental or necessary to the exercise of the powers referred to in paragraphs (a) to (j).

11( 3) The Board may make regulations

(a) respecting the registration and licensing of registrants and applicants for registration and licences, the renewals of registrants and the reinstatement of registrants, including the educational preparation and other criteria required for registration and licensing, renewal and reinstatement;

(b) respecting the titles and designations authorized for use by medical radiation technologists;

(c) prescribing practices and procedures that may be included or excluded within any of the specialties regulated by this Act;

(d) approving additional specialties and providing for the regulation of registrants of such specialties and the protection of titles to be used by registrants of such specialties;

(e) prescribing tasks authorized to be performed under supervision and the degree of supervision required;

(f) respecting the information to be included on the register;

(g) respecting the revocation or suspension of licences issued under this Act and the reinstatement of such licences and allowing for conditions or restrictions to be attached to a reinstated licence;

(h) allowing for an award of costs on a solicitor-client or other basis;

(i) providing that the licence of a registrant be suspended without notice or investigation upon contravention of any regulation that requires the registrant to pay a fee, file a document or do any other act by a specified or ascertainable date and providing for the reinstatement of a licence so suspended on payment of such a fee as determined by the Board;

(j) respecting the ability of the Registrar, the Complaints Committee and the Discipline and Fitness to Practise Committee to impose a fine if registrants have engaged in practice while not holding a current licence;

(k) respecting the reporting and publication of decisions in disciplinary matters;

(l) providing for the audit of a person who holds a licence and of the person’s practice environment;

(m) prescribing the requirements, processes and obligations regarding incorporation of a practice, and otherwise regulating the practice of the profession by a partnership, company or individual operating under a business name or under any form of a limited liability practice;

(n) defining any word or expression used but not defined in this Act;

(o) further defining any word or expression defined in this Act;

(p) governing such other matters as the Board considers necessary or advisable for the effective discharge of its functions or the exercise of its powers.

11( 4) An action proposed by the Board under subsection (1), (2) or (3) is not effective until confirmed by resolution of the Board.

12 The Board may make by-laws not inconsistent with this Act

(a) respecting the holding of an annual general meeting or special meetings of the College, including the notice for such meetings, the content of such meetings, the quorum, the procedures to be followed and the manner of voting;

(b) respecting fees and expenses payable to persons sitting on the Board and any other committees established for the purpose of attending to the business of the College;

(c) prescribing the amount of registration, licensing and other fees payable to the College, the times of payment and the penalties for late payment;

(d) establishing the composition of the Board, the number of Board members and the eligibility for election or appointment to the Board;

(e) establishing the timing and manner of the election or appointment to the Board;

(f) respecting the terms of office of the persons sitting on the Board, the manner in which vacancies on the Board may be filled and the manner of removing Board members;

(g) prescribing the manner in which resolutions are forwarded to the Board;

(h) prescribing the roles, powers and duties of the officers of the College;

(i) respecting the holding of Board meetings, including required meetings, the notice for such meetings, the quorum and the procedure to be followed and the manner of voting;

(j) respecting the establishment or revocation of any committees that the Board considers necessary, prescribing the manner of election, appointment or removal of committee members, determining the powers and duties of committees and establishing procedures for the operation of committees;

(k) respecting the seal of the College;

(l) respecting the location of the head office of the College;

(m) respecting the approval of forms required for the conduct of the business of the College;

(n) approving the code of ethics for and standards of practice of medical radiation technology;

(o) creating categories of affiliation with the College, including honorary and student categories, and prescribing the rights, privileges, qualifications and obligations of the persons in these categories and prescribing the conditions for the entry and maintenance of such persons’ names in these categories;

(p) prescribing the proofs to be furnished as to education, good character and experience required in order to obtain or maintain registration;

(q) prescribing the subjects for examination of applicants for registration as medical radiation technologists;

(r) setting the fees to be paid to take examinations for registration;

(s) relating to holding examinations and the duties and functions of examiners;

(t) establishing minimum continuing professional development requirements for registrants;

(u) respecting such other matters as the Board considers necessary or advisable with respect to the discharge of its responsibilities in examining and registering registrants, including the registration of temporary registrants;

(v) respecting all other things necessary for the effective administration of the affairs of the College.

CREDENTIALS COMMITTEE

Appointment

13( 1) The Board shall appoint a Credentials Committee consisting of at least three registrants, one to be named by the Board as chairperson and one as vice-chairperson.

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

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

13( 4) If the term of a registrant on the Credentials Committee expires before it concludes a matter before it, the registrant whose term has expired shall continue in office until the matter is concluded.

13( 5) Subject to subsection (4), if a registrant of a panel of the Credentials Committee is unable to continue to act for any reason, the chairperson or vice-chairperson of the Committee shall assign another registrant of the Committee to the panel, or if there are only three registrants on the Committee, the Board shall appoint another registrant to the Committee.

Inquiries

14( 1) At the request of the Registrar, the Credentials Committee shall inquire into

(a) an application for registration in the College, or

(b) an application for reinstatement in the College by a former registrant.

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

(a) consider the matter summarily, or

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

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

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

Report to the Board and review

15( 1) The Credentials Committee shall, after completing its inquiry under section 14, render a decision to the Board in writing with reasons

(a) rejecting the application,

(b) approving the application without conditions, or

15( 2) A written copy of the decision of the Credentials Committee shall be served on the applicant and is final unless, within 30 days after service of the decision, the applicant requests a review of the decision by the Board.

15( 3) An applicant wishing to seek a review under subsection (2) shall send or deliver to the Board a written request for review, which request must be received at the College office within 30 days in accordance with subsection (2), and which shall

(a) set out the grounds on which the applicant alleges that the Credentials Committee’s decision is flawed or otherwise in error, and

(b) be accompanied by any documentation necessary to support the allegation.

15( 4) The Board shall provide an applicant seeking review under subsection (2) with an opportunity to make an oral presentation to the Board, if desired by the applicant, as soon as praticable after the written request for review is received.

15( 5) In considering a review under subsection (2) the Board may by simple majority

(a) confirm the decision of the Credentials Committee,

(b) change the decision of the Credentials Committee and allow the application subject to such conditions as the Board considers appropriate, or

REGISTRATION

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

Application for registration

17( 1) An application for registration as a full practice registrant of the College shall be made to the Registrar, who may approve for registration a person who

(a) holds a degree or diploma in a specialty of medical radiation technology from an institution in Canada that was approved by an accreditation body approved by the Board at the time the applicant successfully completed the program,

(b) has engaged in clinical practice in the specialty within the five years immediately preceding the date of the application, or has successfully completed a degree or diploma as referred to in paragraph (a) within the five years immediately preceding the date of the application,

(c) produces satisfactory evidence of competence, capacity and good character, including letters of reference and, if required, satisfactory evidence of professional reputation and practice,

(d) undertakes to comply with any reasonable requirements imposed by the Registrar with respect to attendance at an orientation program approved by the Board for applicants,

(e) passes the examinations or tests required by the Board,

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

(g) has provided, or, when necessary, consented to the obtention of, criminal record and vulnerable sector search results from the Royal Canadian Mounted Police or police authority in the form provided by it and satisfactory to the Board,

(h) has paid the application fees prescribed in the by-laws,

(i) has provided proof of professional liability insurance acceptable to the Board, and

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

17( 2) Despite subsection (1), the Registrar may approve for registration a person who

(a) subject to any labour mobility exceptions under the Canadian Free Trade Agreement approved by the Government of New Brunswick, is currently registered as the equivalent of a medical radiation technologist in good standing under the legislation of another jurisdiction in Canada and provides a certificate, letter or other evidence, acceptable to the Registrar, confirming their equivalent qualifications,

(b) meets the criteria enumerated in subsection (1) if such criteria do not involve material additional training, experience, examinations or assessments, and

17( 3) When an applicant for registration as a full practice registrant of the College does not hold a degree or diploma in a specialty of medical radiation technology from an institution in Canada in accordance with paragraph (1)(a), or otherwise when an applicant does not meet the criteria set out in subsection (1) or (2), the application shall be referred to the Credentials Committee for review and recommendation.

17( 4) The Credentials Committee may approve for registration an applicant who

(a) has graduated from a program offered outside Canada that qualifies the applicant to practise in a specialty of medical radiation technology or its equivalent in the jurisdiction of the program and is considered by the Credentials Committee to be equivalent or substantially similar to a degree or diploma as described in paragraph (1)(a),

(b) has completed any competence assessment required by the Credentials Committee, and

17( 5) Upon approval for registration in compliance with subsection (1), (2) or (4), the Registrar shall issue a certificate of registration to the applicant.

17( 6) The Registrar shall annually renew the certificate of registration of medical radiation technologists who meet the requirements of this Act, the regulations and by-laws if the registrant has provided to the College satisfactory evidence of having engaged, within the preceding year, in competent practice as a medical radiation technologist in at least one of the specialties in which the registrant is authorized to practise.

17( 7) When a person registered under this Act ceases to be a registrant, the Registrar shall strike the name of the person from the register.

17( 8) Despite anything in this Act, the Credentials Committee, or the Board, on review of a decision of the Credentials Committee, may deny registration to any person who

(a) has been found guilty of any criminal offence for which they have not been pardoned or who has been found guilty in respect of any offence related to the regulation or practice of medical radiation technology,

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

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

(d) for any other reason is considered unfit to practise medical radiation technology in New Brunswick.

17( 9) Despite anything in this Act, an applicant or registrant who wishes to change the scope of their practice in a particular specialty to a clinical area in which the applicant or registrant has not practised for a consecutive period of five years or more must, before changing the scope of their practice,

(a) notify the Credentials Committee in writing, and

(b) satisfy the Credentials Committee that the applicant or registrant has the appropriate education or learning and is competent.

17( 10) A practising licence issued under the Act and regulations, with or without conditions or restrictions, shall be endorsed by the Registrar in one of more of the specialties in which the applicant is authorized to engage in practice if the applicant meets the following criteria:

(a) the applicant has completed an approved education program in the specialty for which the licence endorsement is sought;

(b) the applicant has completed the registration examination in the specialty for which the licence endorsement is sought; and

TEMPORARY REGISTRATION

18( 1) An application for registration as a temporary registrant shall be made to the Registrar.

18( 2) The Registrar may approve the temporary registration of a person who otherwise fails to meet the criteria for registration as set out in subsection 17(1), (2) or (4), or who is registered or licensed to practise in another jurisdiction, but the Registrar may impose such conditions as to supervision or restrictions to registration as the Registrar considers necessary and in the interest of the public.

18( 3) A temporary licence issued under subsection (2) must be issued for a specified period, not to exceed six months, and may be renewed at the discretion of the Registrar for no more than 12 months in total.

18( 4) The Registrar may withdraw the licence of a temporary registrant at any time, without notice to the registrant.

18( 5) The decision of the Registrar respecting the issuance or withdrawal of a temporary licence is final.

18( 6) Despite subsection (3), in the event of a state of emergency, including, but not limited to, a pandemic or such other extraordinary event as may, in the Board’s opinion, cause there to be an insufficient number of registrants to provide the care necessary to the public, the Board may direct the Registrar to issue temporary licences to applicants subject to such conditions or restrictions as the Board considers necessary in the circumstances.

18( 7) Despite subsection (3) or any other provision in this Act, a temporary licence issued under subsection (6) may remain in effect until the state of emergency ends or until such other time as the Board considers appropriate, and may thereafter be extended by the Registrar for a period within the Registrar’s discretion in order to allow the temporary registrant to apply for registration in accordance with section 17.

PROTECTED TITLES AND PRACTICE

19( 1) No person shall engage in the practice of a specialty unless such person

(a) holds a licence endorsing the person as eligible to practise in that specialty,

(b) is a student in an approved education program in that specialty, and is engaging in learning authorized by that program, or

19( 2) Despite any other provisions of this Act, the Board may set out in the regulations or by-laws a process to authorize registrants licensed in one specialty to engage in the practice of designated aspects of another specialty.

19( 3) When a registrant has been authorized to engage in the practice of designated aspects of another specialty under subsection (2), such person is not in violation of subsection (1).

20( 1) No person shall take or use the designation “registered medical radiation technologist”, “medical radiation technologist”, or any derivation or abbreviation of those designations, or describe the person’s activities as “medical radiation technology” unless that person

(a) holds a current licence in the specialties of magnetic resonance technology, radiologic technology, nuclear medicine technology or radiation therapy, or

(b) is otherwise authorized to use such designation as set out in this Act or the regulations.

20( 2) No person shall take or use the designation “Registered Technologist, Magnetic Resonance”, “Magnetic Resonance Technologist”, “MRT(MR)”, or any derivation or abbreviation of those designations, or describe the person’s activities as “magnetic resonance technology” unless that person

(a) holds a current licence in the specialty of magnetic resonance technology, or

(b) is otherwise authorized to use such designation and to engage in the practice of magnetic resonance technology as set out in this Act or the regulations.

20( 3) No person shall take or use the designation “Registered Technologist, Nuclear Medicine”, “Nuclear Medicine Technologist”, “MRT(NM)”, or any derivation or abbreviation of those designations, or describe the person’s activities as “nuclear medicine technology” unless that person

(a) holds a current licence in the specialty of nuclear medicine technology, or

(b) is otherwise authorized to use such designation and to engage in the practice of nuclear medicine technology as set out in this Act or the regulations.

20( 4) No person shall take or use the designation “Registered Technologist, Radiation Therapy”, “Radiation Therapist”, “MRT(T)”, or any derivation or abbreviation of those designations, or describe the person’s activities as “radiation therapy” unless that person

(a) holds a current licence in the specialty of radiation therapy, or

(b) is otherwise authorized to use such designation and to engage in the practice of radiation therapy as set out in this Act or the regulations.

20( 5) No person shall take or use the designation “Registered Technologist in Radiologic Technology”, “Radiation Technologist”, “Radiologic Technologist”, “X-ray Technologist”, “MRT(R)”, or any derivation or abbreviation of those designations, or describe the person’s activities as “radiologic technology” or “X-ray technology” unless that person

(a) holds a current licence in the specialty of radiologic technology, or

(b) is otherwise authorized to use such designation and to engage in the practice of radiologic technology as set out in this Act or the regulations.

20( 6) No person shall use the term “graduate” with any of the protected titles, or any derivation or abbreviation of that term, unless that person

(a) is a temporary registrant in accordance with the Act and regulations, or

(b) is otherwise authorized to use such a term as set out in this Act or the regulations.

21 No registrant shall engage in practice that falls outside the scope of practice of that registrant’s specialty unless otherwise authorized under this Act or the regulations or any other law.

DUTIES OF REGISTRAR

22( 1) The Registrar shall maintain, in accordance with the by-laws, a register of all persons authorized to practise medical radiation technology under this Act.

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

22( 3) On issuing a practice licence, the Registrar shall impose such conditions on a registrant as the Board, the Credentials Committee or another committee of the College may order, which conditions may require that

(a) the registrant complete continuing education requirements within a specified time,

(b) the registrant complete examinations, testing, assessment, clinical practicum or work experience,

(d) the registrant’s practice be limited to practice areas or settings specified by the Registrar,

(e) the registrant use only those titles specified by the Registrar,

(f) the registrant be prohibited from supervising students of the profession or regulated registrants of the College, or

(g) such other specified terms, conditions or restrictions as may be necessary and in the public interest.

22( 4) The Registrar shall remove the name of a registrant from the register if

(a) notification is received of the registrant’s death,

(b) the registration of the registrant has been revoked,

(d) the Complaints Committee, the Discipline and Fitness to Practise Committee or the Registrar authorizes the resignation of a registrant from the register,

(e) the registrant so requests and surrenders any licence held,

(f) there has been non-payment of fees or other assessments levied under this Act or the regulations, or

(g) data has been incorrectly entered.

PAYMENT OF FEES

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

23( 2) Subject to subsection (3), a registrant who fails to pay the annual fees as required by subsection (1) loses all rights and privileges conferred under this Act and the registrant’s name shall not be placed in the register and may be removed from the register in accordance with this Act and regulations.

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

23( 4) If payment is not made as provided by subsection (3), the person’s name cannot be added to the register except on application to the Board for approval, in which case the Board may, after consideration of the circumstances,

(a) direct the Registrar to add the person’s name to the register following payment of such fees as it considers appropriate which may not be less than payment for one full year,

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

RIGHT TO PRACTISE

24( 1) No person shall practise medical radiation technology in New Brunswick, either privately or employed by another, unless registered to practise under the provisions of this Act, the regulations and the by-laws.

24( 2) A professional corporation may be permitted to practise medical radiation technology as provided under section 25.

PROFESSIONAL CORPORATIONS

25( 1) In this section and in section 27, “permit” means a permit issued under subsection (3) and includes a renewed permit.

25( 2) A professional corporation may practise medical radiation technology.

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

(a) the name of the professional corporation

( i) is restricted to the names of present and former registrants of the College, and

( ii) includes the words “professional corporation” or “corporation professionnelle” or the abbreviations “P.C.” or “c.p.”,

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

(c) all the directors of the professional corporation are registrants of the College and that the professional corporation’s practice of medical radiation technology is managed only by directors who are registrants in good standing, and

(d) all the persons who will be practising medical radiation technology for the professional corporation

( i) are practising registrants of the College, or

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

25( 4) The Board may impose conditions on permits issued, renewed or reinstated under this Act.

25( 5) The Board may refuse to issue a permit to a professional corporation under subsection (3) if

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

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

25( 6) A professional corporation shall not practise medical radiation technology unless it holds a valid permit issued under this Act.

25( 7) A professional corporation shall not carry on any activities other than the practice of medical radiation technology or services that are directly associated with the practice of medical radiation technology.

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

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

25( 10) A professional corporation is not required, as a condition of practising medical radiation technology, to obtain a municipal business licence or business permit.

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

Responsibility of members of professional corporation

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

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

26( 3) Nothing in section 25 affects the fiduciary, confidential or ethical relationships between a medical radiation technologist and the person receiving the services of that medical radiation technologist.

26( 4) The relationship between a professional corporation carrying on the practice of medical radiation technology and a person receiving the services of that professional corporation is subject to all applicable laws relating to the fiduciary, confidential and ethical relationships between a medical radiation technologist and a patient.

26( 5) A registrant of the College who, while practising medical radiation technology for a professional corporation, acquires information relating to a patient that is confidential shall ensure that such information is not disclosed to a shareholder of the professional corporation who is not a registrant of the College.

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

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

(b) to the professional corporation, which shall forthwith cease engaging in the practice of medical radiation technology.

28 In a disciplinary proceeding under this Act,

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

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

( i) is a compellable witness, and

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

Application of other provisions of Act to professional corporations

29 With necessary modifications, the provisions of this Act, the regulations and the by-laws apply to professional corporations to the same extent as to registrants.

Interpretation of other Acts

30 Unless the context indicates a contrary intention, all Acts that refer to a person authorized to practise medical radiation technology in New Brunswick shall be read to include a professional corporation.

DISCIPLINE

Definitions

31 The following definitions apply in sections 32 through 78.

“conduct unbecoming the profession” means conduct in a registrant’s personal or private capacity that tends to bring discredit to the profession of medical radiation technology. (conduite indigne de la profession)

“hearing” means a hearing conducted by a committee. (audience)

Professional conduct

32( 1) In accordance with the objects of the College, the purpose of the professional conduct process is to inhibit professional misconduct, conduct unbecoming the profession, incompetence and incapacity.

32( 2) The College shall investigate, on its own initiative or on the complaints of others, alleged instances of professional misconduct, conduct unbecoming the profession, incompetence or incapacity and, when appropriate, dispose of the matter or matters in accordance with the Act and regulations.

32( 3) A registrant has committed an act of professional misconduct if

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

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

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

(d) the registrant has violated or failed to comply with this Act or the regulations,

(e) the registrant has failed to uphold any code of ethics adopted by the College, or

(f) the registrant has otherwise committed an act of professional misconduct, which may include, but is not limited to, the following acts or conduct:

( i) abusing a person verbally, physically, emotionally or sexually;

( ii) misappropriating personal property, drugs or other property belonging to a patient or a registrant’s employer;

( iii) wrongfully abandoning a patient;

( iv) neglecting to provide care to a patient;

( v) failing to exercise appropriate discretion in respect of the disclosure of confidential information;

( vi) falsifying records;

( vii) inappropriately using professional status for personal gain;

( viii) promoting for personal gain any drug, device, treatment, procedure, product or service that is unnecessary, ineffective or unsafe;

( ix) publishing, or causing to be published, any advertisement that is false, fraudulent, deceptive or misleading;

( x) engaging or assisting in fraud, misrepresentation, deception or concealment of a material fact when applying for or securing registration or a licence or taking any examination provided for in this Act, including using fraudulently procured credentials;

( xi) violating or failing to comply with a term, condition or limitation imposed on the registrant’s certificate of registration;

( xii) taking or using a protected title or describing the person’s activities as a specialty in any advertisement or publication, including business cards, websites or signage, unless the referenced activity falls within the definition of the relevant specialty;

( xiii) failing to submit to an examination ordered by the Board under section 63;

( xiv) failing to file a report under section 65; or

( xv) otherwise engaging in conduct unbecoming the profession.

Complaints Committee

33( 1) The College shall have a standing committee called the Complaints Committee.

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

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

(b) one person who has never been registered as a medical radiation technologist.

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

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

33( 5) Three members of the Complaints Committee, one of whom shall be a person who has never been registered as a medical radiation technologist, constitute a quorum, and all decisions require the vote of a majority of the members present at the hearing.

Complaints

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

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

34( 3) Upon receipt of a complaint under subsection (1), the Registrar shall immediately inform the Complaints Committee that a complaint has been lodged and

(a) may direct that no further action be taken if, in the Registrar’s opinion, the complaint is frivolous or vexatious or there is insufficient evidence of professional misconduct, conduct unbecoming the profession, incompetence or incapacity, or

(b) shall provide the Complaints Committee with a copy of the complaint for investigation.

Complaints filed by Registrar

35( 1) A complaint may be initiated by the Registrar on the advice or at the direction of the Board when the Board considers the circumstances require it.

35( 2) A registrant who engages in practice outside the Province and who was subject to any disciplinary findings while outside the Province or has outstanding complaints from outside the Province shall not engage in practice on returning to the Province before providing the Registrar with notice of such disciplinary findings or complaints and receiving from the Registrar a notice authorizing the registrant to practise in the Province.

35( 3) When the Registrar receives a notice under subsection (2), the Registrar may file a complaint.

Request by Registrar for investigation

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

Investigation by Complaints Committee

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

“caution” by the Complaints Committee means a determination that a registrant has breached the standards of professional ethics or practice expected of registrants in circumstances that do not constitute professional misconduct, conduct unbecoming the profession, incompetence, or incapacity, and a caution is not considered to be a licensing sanction. (avertissement)

“counsel” by the Complaints Committee means a determination that a registrant could benefit from professional guidance from the College about the subject matter of the complaint in circumstances that do not constitute professional misconduct, conduct unbecoming the profession, incompetence or incapacity, and a counsel is not considered to be a licensing sanction. (conseil)

37( 2) The Complaints Committee shall consider and investigate complaints regarding the conduct, competency or capacity of a registrant, but no action shall be taken by the Complaints Committee under subsection (3) unless

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

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

37( 3) After completion of the investigation and after considering the submission of the registrant under subsection (2), if any, the Complaints Committee may

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

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

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

(d) issue a counsel to the registrant and, if it considers it appropriate, require an undertaking by the registrant to undergo and complete professional education, guidance or counselling, as considered necessary by the Complaints Committee, or

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

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

37( 5) Nothing in this section requires that examinations ordered under section 63 be carried out before the Complaints Committee acts under subsection (3).

Request for review of complaint by Board of Directors

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

38( 2) On a review under subsection (1) the Board may by resolution

(a) dismiss the complaint,

(b) refer the complaint back to the Complaints Committee with such instructions as it considers necessary with respect to further investigation and disposition under subsection 37(3), or

(c) refer the complaint to the Discipline and Fitness to Practise Committee to hold a hearing and assess any allegations of professional misconduct, conduct unbecoming the profession, incompetence or incapacity on the part of a registrant that the Board considers appropriate.

Appointment of Discipline and Fitness to Practise Committee

39( 1) When the Complaints Committee refers allegations of professional misconduct, conduct unbecoming the profession, incompetence or incapacity of a registrant to the Discipline and Fitness to Practise Committee, or when the Board does so under paragraph 38(2)(c), the Board shall appoint the Discipline and Fitness to Practise Committee as soon as possible, but not later than 21 days after the decision of the Complaints Committee or the decision of the Board under paragraph 38(2)(c).

39( 2) The Discipline and Fitness to Practise Committee shall be composed of

(a) four registrants, and

(b) one person who has never been registered as a medical radiation technologist.

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

Hearing by Discipline and Fitness to Practise Committee

40( 1) The Discipline and Fitness to Practise Committee shall hold a hearing respecting the allegations of professional misconduct, conduct unbecoming the profession, incompetence or incapacity of a registrant that have been referred to it by the Complaints Committee under paragraph 37(3)(b) or by the Board under paragraph 38(2)(c).

40( 2) Subject to subsection (3), the Discipline and Fitness to Practise Committee shall commence a hearing as soon as possible, but not later than 60 days after the date on which the final member of the Committee is appointed by the Board, unless the parties otherwise agree.

40( 3) The Discipline and Fitness to Practise Committee shall, not less than 30 days before the date set for the hearing, serve on the College, the registrant against whom the complaint has been made and the complainant, if any, a notice of hearing in a form prescribed by by-law setting out the date, time and place of the hearing.

40( 4) The Discipline and Fitness to Practise Committee may issue a subpoena before, during or after the hearing requiring the disclosure and production of any documents in the possession of any person, including any police force, if such documents are reasonably believed to be relevant to the subject matter of the hearing.

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

40( 6) No member of the Discipline and Fitness to Practise Committee shall participate in the decision of the Committee unless the member was present throughout the hearing and heard the evidence and arguments of the parties.

40( 7) If the registration and certificate of registration of a registered medical radiation technologist member of the Discipline and Fitness to Practise Committee expire after a hearing commences, or if the term of appointment of the Discipline and Fitness to Practise Committee member expires after a hearing commences, the member shall be deemed to remain a member of the Discipline and Fitness to Practise Committee for the purpose of disposing of that matter.

Notice of hearing

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

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

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

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

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

41( 4) The Discipline and Fitness to Practise Committee shall give public notice of any scheduled hearings, through its website or any alternate means, including electronic means, it considers appropriate, including notice of the date, time and location of the hearing.

41( 5) If any other matter concerning the conduct or actions of the registrant against whom the complaint has been made arises during the course of the hearing, the Discipline and Fitness to Practise Committee may investigate and hear the matter, but not before advising the parties of its intention to do so, and shall ensure that the registrant is given a period of not less than 30 days to respond to the matter.

Powers of the Discipline and Fitness to Practise Committee

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

(a) dismiss the complaint, or

(b) find that the registrant has committed an act of professional misconduct or conduct unbecoming the profession or is incompetent or incapacitated or any combination of these findings.

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

(a) revoke the registrant’s certificate of registration and direct the Registrar to remove the registrant’s name from the register, in which case the Discipline and Fitness to Practise Committee may order that the registrant not be permitted to apply for reinstatement before a specified period has elapsed or until specified criteria are satisfied;

(b) for a temporary registrant who held a temporary certificate of registration, revoke the registrant’s temporary certificate of registration and direct the Registrar to remove the temporary registrant’s name from the register, in which case the Discipline and Fitness to Practise Committee may order that the temporary registrant not be permitted to apply for reinstatement before a specified period has elapsed or until specified criteria are satisfied;

(c) suspend the registrant’s certificate of registration and remove the registrant’s name from the register for a specified period or until specified criteria are satisfied;

(d) suspend the temporary registrant’s temporary certificate of registration and remove the temporary registrant’s name from the register for a specified period or until specified criteria are satisfied;

(e) authorize the registrant to resign from the register and remove the registrant’s name from the register;

(f) impose specified terms, conditions or restrictions on the registrant’s right to practise for a specified period or until specified conditions are satisfied, which terms, conditions or restrictions may require the registrant to

( i) successfully complete specified courses of study or satisfy the Discipline and Fitness to Practise Committee, or any other committee established under the Act and regulations, of the registrant’s general competence to practice or competence in a particular specialty,

( ii) obtain medical or other treatment or counselling or both,

( iii) engage in the practice of medical radiation technology only under the personal supervision and direction of another registrant,

( iv) not engage alone in the practice of medical radiation technology,

( v) accept periodic inspections by the Discipline and Fitness to Practise Committee, or its delegate, of the books, accounts, records and work of the registrant in connection with the registrant’s practice, or

( vi) report to the Registrar, or to such committee of the Board as the Discipline and Fitness to Practise Committee may specify, on such matters with respect to the registrant’s practice for such period and times, and in such form, as the Discipline and Fitness to Practise Committee may specify;

(g) direct the Registrar to give public notice of any order by the Discipline and Fitness to Practise Committee that the Registrar is not otherwise required to give under this Act, or otherwise publish or disclose the Discipline and Fitness to Practise Committee’s findings in accordance with the Act and regulations;

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

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

(j) require the registrant to waive, reduce or repay a fee for services provided by the registrant that, in the opinion of the Discipline and Fitness to Practise Committee, were not provided or were improperly provided;

(k) impose a fine to a maximum of $20,000 to be paid by the registrant to the College;

(l) reprimand the registrant; or

(m) make such other order as the Discipline and Fitness to Practise Committee considers appropriate.

42( 3) When the Discipline and Fitness to Practise Committee finds that a registrant has committed an act of professional misconduct or conduct unbecoming the profession, or is incompetent or incapacitated, the parties to the hearing and the complainant or the complainant’s counsel may, before the penalty is determined, make submissions to the Discipline and Fitness to Practise Committee as to the penalty, and the parties may, subject to the discretion of the Discipline and Fitness to Practise Committee, call further evidence in respect to the penalty.

42( 4) The costs and expenses payable under paragraph (2)(i) may be agreed on by consent or taxed by the Registrar of the Court as between solicitor and client on filing with the Registrar the order of the Discipline and Fitness to Practise Committee and on payment of fees prescribed by the Rules of Court, and judgment may be entered for such taxed costs in Form 1, with such modifications as are necessary.

42( 5) For the purposes of this Act, “costs” includes

(a) all legal and other costs, expenses or disbursements incurred by the College, the Board, the Credentials Committee, the Complaints Committee or the Discipline and Fitness to Practise Committee in relation to an investigation, proceeding, hearing or appeal,

(b) honoraria and expenses paid to registrants of the College, members of the Board, the Credentials Committee, the Complaints Committee or the Discipline and Fitness to Practise Committee in relation to an investigation, proceeding, hearing or appeal,

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

Cost orders

43( 1) The Discipline and Fitness to Practise Committee, if it is of the opinion that the complaint was unwarranted, frivolous, vexatious or otherwise an abuse of process, may order the complainant to pay all or part of the costs incurred by the College related to an investigation, proceeding, hearing or appeal.

43( 2) The Discipline and Fitness to Practise Committee, if it is of the opinion that the hearing was unwarranted, frivolous, vexatious or otherwise an abuse of process, may order the College to pay all or part of the costs incurred by the registrant related to an investigation, proceeding, hearing or appeal.

Decision

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

44( 2) Subject to section 51, an order of the Discipline and Fitness to Practise Committee under subsection 42(2) takes effect immediately, or at such other time as the Discipline and Fitness to Practise Committee may direct, regardless of whether an appeal has been taken from the order.

44( 3) Unless otherwise determined by a court of competent jurisdiction, a decision of the Complaints Committee or the Discipline and Fitness to Practise Committee is not admissible in a civil proceeding other than an appeal or review under this Act.

Suspension on failure to pay fine and costs

45 If a registrant fails to pay a fine or costs imposed under subsection 42(2) within the time ordered, the Registrar may, without notice to the registrant, suspend the registration of the registrant until the fine or costs are paid and shall serve the registrant with notice of the suspension.

Suspension for violation of order

46( 1) The Board, if it is satisfied that a registrant has violated or failed to comply with an order of the Discipline and Fitness to Practise Committee, may, without notice to the registrant, revoke or suspend the registrant’s registration.

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

Decision and record to Registrar

47 The Discipline and Fitness to Practise Committee shall forward to the Registrar

(a) its written decision, and

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

Evidence

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

48( 2) If the matter in issue has not yet been finally determined, evidence and information obtained by the Discipline and Fitness to Practise Committee must be preserved for at least five years after the date the evidence is presented or the information is obtained.

Discipline procedure

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

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

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

49( 4) The registrant against whom a complaint has been made shall give the College, at least 10 days before the hearing, in the case of evidence of an expert, the identity of the expert and a copy of the expert’s written report or, if there is no written report, a summary of the evidence of the expert.

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

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

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

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

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

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

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

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

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

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

( i) tends to incriminate,

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

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

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

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

49( 11) In subsection (10), “allegations of a registrant’s misconduct of a sexual nature” means allegations that the registrant sexually abused the witness when the witness was a patient of the registrant.

Attendance of witnesses

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

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

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

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

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

50( 6) A person, other than the registrant whose conduct is the subject of the hearing, who is served with a summons under this section shall be tendered the same fees as are payable to a witness in an action in the Court at the time the summons is served.

Appeal

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

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

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

51( 4) On an appeal from the decision of the Discipline and Fitness to Practise Committee, The Court of Appeal of New Brunswick may

(a) affirm, vary or reverse the decision of the Discipline and Fitness to Practise Committee,

(b) exercise all powers of the Discipline and Fitness to Practise Committee,

(d) refer the matter back to the Discipline and Fitness to Practise Committee for rehearing in whole or in part, in accordance with such directions as The Court of Appeal of New Brunswick considers proper, or

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

Application for stay

52( 1) A registrant who appeals an order of the Discipline and Fitness to Practise Committee may apply to The Court of Appeal of New Brunswick for a stay of the order of the Discipline and Fitness to Practise Committee pending the disposition of the appeal, and The Court of Appeal of New Brunswick may make any order it considers appropriate.

52( 2) A registrant shall give the College at least one week’s notice of an application under subsection (1) to stay an order of the Discipline and Fitness to Practise Committee.

Notice of discipline

53( 1) The Registrar shall give public notice of the suspension or revocation of a registrant’s registration as a result of proceedings before the Discipline and Fitness to Practise Committee.

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

Records to be made available to the public

54( 1) For the purpose of paragraph (2)(a), “result”, when used in reference to proceedings before the Discipline and Fitness to Practise Committee, means the Committee’s findings and the penalty imposed, and in the case of a finding of professional misconduct, a brief description of the nature of the professional misconduct.

54( 2) The Registrar shall enter forthwith in the records of the College

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

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

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

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

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

54( 4) The Registrar shall provide the information contained in the records referred to in subsection (2) to any person who inquires about a registrant or former registrant for an indefinite period if the registrant or former registrant was found to have sexually abused a patient and for a period of two years following the conclusion of the proceedings referred to in subsection (2) in all other cases.

54( 5) The Registrar, upon payment of a reasonable fee, shall provide a copy of the information contained in the records referred to in subsection (2) that pertain to a registrant or former registrant to a person who requests a copy, in accordance with subsection (4).

54( 6) Despite subsection (5), the Registrar may provide, at the College’s expense, a written statement of the information contained in the records in place of a copy.

Registrant to return certificate of registration

55 A registrant whose certificate of registration has been suspended or revoked shall immediately return their certificate of registration to the Registrar.

Report of termination of employment

56( 1) Any registrant whose employment is terminated shall report the loss of employment to the College, and the College may communicate with the employer to determine the circumstances of the loss of employment.

56( 2) Any employer who terminates for cause the employment of a registrant shall report the termination to the College if the employer reasonably believes the cause is professional incompetence, professional misconduct or generally conduct unbecoming a registrant of the College.

INVESTIGATIONS

Power to investigate

57( 1) In the absence of a complaint, the Board, if it has a reason to believe that the conduct or actions of a registrant may constitute professional misconduct, conduct unbecoming the profession, incompetence or incapacity, may investigate a registrant with respect to the misconduct, conduct unbecoming the profession, incompetence or incapacity.

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

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

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

Search warrant

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

(a) the registrant being investigated has committed an act of professional misconduct or conduct unbecoming the profession or is incompetent or incapacitated, and

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

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

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

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

Copy and removal of documents

59( 1) An investigator may copy, at the expense of the College, any document that the investigator may examine under paragraph 57(3) or under the authority of a warrant under paragraph 58(1).

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

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

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

60 An investigator shall report the results of the investigation to the Board in writing.

Responsibilities of registrant

61( 1) A registrant who is being investigated under this Act shall cooperate with the Board and the investigator and shall produce all documents and disclose to the Board or the investigator all information that may be relevant to the investigation.

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

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

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

ACTION BY BOARD OF DIRECTORS TO PROTECT PUBLIC

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

(a) direct the Registrar to impose specified terms, conditions or restrictions on the registrant’s right to practise, or

(b) direct the Registrar to suspend the registrant’s right to practise.

62( 2) If the Board intends to take action under subsection (1), it shall notify the registrant of its intention in writing and give the registrant 10 days after the notice is received by the registrant to make representation to the Board in respect of the matter.

62( 3) When the Board takes action under subsection (1), it shall notify the registrant in writing of its decision and of the reasons for the decision.

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

62( 5) A registrant against whom action is taken under subsection (1) may apply to the Court for an order staying the action of the Board.

EXAMINATION OF REGISTRANT

63( 1) When the Board has reasonable grounds to believe that a registrant who is the subject of an investigation is incapacitated, it may require the registrant to submit to physical or mental examinations, or both, by one or more health professionals selected by the Board and, subject to subsection (4), may make an order directing the Registrar to suspend the registrant’s certificate of registration until the registrant submits to the examinations.

63( 2) When the Board has reasonable grounds to believe that a registrant who is the subject of an investigation is incompetent, the Board may require the registrant to submit to such examinations as the Board may require in order to determine whether the registrant has adequate skill and knowledge to practise medical radiation technology and, subject to subsection (4), may make an order directing the Registrar to suspend the registrant’s certificate of registration until the registrant submits to the examinations.

63( 3) No order shall be made with respect to a registrant by the Board unless the registrant has been given

(a) notice of the intention of the Board to make the order, and

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

63( 4) A person who conducts an examination under this section shall prepare and sign an examination report containing the findings and facts on which they are based and shall deliver the report to the Board.

63( 5) The Board shall forthwith deliver a copy of the examination report to the registrant who is the subject of the examination.

63( 6) A report prepared and signed by a person under subsection (4) is admissible as evidence at a hearing without proof of its making or of the person’s signature if the party introducing the report gives the other party a copy of the report at least 10 days before the hearing.

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

SEXUAL ABUSE OF PATIENT

Definition

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

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

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

64( 2) For the purposes of subsection (1), “sexual nature” does not include touching, behaviour or remarks of a clinical nature appropriate to the service provided.

Reporting sexual abuse

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

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

65( 3) A registrant is not required to file a report under subsection (1) if the registrant does not know the name of the health professional who would be the subject of the report.

65( 4) If the reasonable grounds for filing a report under subsection (1) have been obtained from one of the registrant’s patients, the registrant shall make their best efforts to advise the patient that the registrant is filing the report before doing so.

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

(a) the name of the registrant filing the report;

(b) the name of the health professional who is the subject of the report;

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

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

Measures to prevent sexual abuse

66( 1) The College shall undertake measures for the prevention of sexual abuse of patients by its registrants.

66( 2) Measures referred to in subsection (1) shall include

(a) educating of registrants about sexual abuse,

(b) providing guidelines for the conduct of registrants with patients,

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

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

Board to report to Minister

67( 1) The Board shall report to the Minister of Health respecting all complaints received during the calendar year respecting sexual abuse of patients by registrants or former registrants of the College.

67( 2) A report under subsection (1) shall be made within two months after the end of each calendar year and shall contain the following information:

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

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

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

( ii) the decision of the Board with respect to the complaint and the date of the decision;

( iii) if allegations are referred to the Discipline and Fitness to Practise Committee,

( A) the findings and decision of the Committee and the date of the decision, and

( B) whether an appeal was made from the findings and decision of the Committee and the date and outcome of the appeal; and

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

OFFENCES

68( 1) Any person not registered to practise as a medical radiation technologist under this Act, or who is in violation of any condition or restriction imposed on their licence, or whose registration is revoked or suspended, commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence when that person

(a) practises as a medical radiation technologist,

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

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

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

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

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

72( 1) When an offence under this Act continues for more than one day,

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

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

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

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

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

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

EXCLUSIONS

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

(a) from practising any health profession authorized by an Act of the Province, by a health professional licensed under such Act, practising within the scope of practice of their profession, including, but not limited to,

( i) practising medicine under the Medical Act,

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

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

(b) from the furnishing of first aid or emergency assistance in the case of emergency if such aid or assistance is given without hire, gain or hope of reward.

75 Nothing in this Act shall be construed to prevent a registrant from engaging in a lawful strike.

GENERAL

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

77 No registrant shall be personally liable for any debt of the College beyond the amount of that registrant’s unpaid dues, fees or other amounts for which a registrant may become liable under this Act, the regulations or the by-laws.

78( 1) All persons who are members of the New Brunswick Association of Medical Radiation Technologists on the day this Act comes into force shall continue as registrants under this Act.

78( 2) All committees in effect on the day this Act comes into force shall continue to act under An Act to Incorporate the New Brunswick Association of Medical Radiation Technologists, chapter 45 of the Acts of New Brunswick, 2004, as if that Act had not been repealed, until replaced or reconstituted under the provisions of this Act.

78( 3) All applications for registration in the New Brunswick Association of Medical Radiation Technologists filed before the day this Act comes into force, and all disciplinary proceedings in progress on the day this Act comes into force, shall be continued and disposed of under An Act to Incorporate the New Brunswick Association of Medical Radiation Technologists, chapter 45 of the Acts of New Brunswick, 2004, as if that Act had not been repealed.

78( 4) All complaints and investigations concerning matters of professional misconduct, conduct unbecoming the profession, incompetence or incapacity received or commenced after this Act comes into force shall be dealt with under this Act despite when the subject matter of the complaint arose.

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

79 An Act to Incorporate the New Brunswick Association of Medical Radiation Technologists, chapter 45 of the Acts of New Brunswick, 2004, is repealed, and all regulations and by-laws made under the provisions of that Act, and in effect at the time of its repeal, shall continue in effect, with such modifications as the circumstances require, until repealed, amended or replaced by regulations or by-laws enacted under the provisions of this Act.

External form

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