C ( Signature typed Olken

Transcription

1 BRITISH 527 APPROVED AND ORDERED MAR Lieutenant-Governor EXECUTIVE COUNCIL CHAMBERS,MICtilifIkg VANCOUVER MAR On the recommendation of the undersigned, the Lieutenant-Governor, by and with the advice and consent of the Executive Council, orders that: 1. the approval granted by Order-in-Council 1821/60'to the Board of Chiropractors to make the regulations filed as B.C. Reg. 172/60 is rescinded; 2. approval is granted to the Board of Chiropractors to make the attached regulations. Minister of Health Presiding Member of the Executive Council (Thu part is for administrative purposes and is not part of the Order.) Authority under which Order is made: Chiropractors Act, section 5 Act and section. Other (specify) Statutory authority eheeked by C ( Signature typed Olken

2 REGULATIONS PURSUANT TO THE CHIROPRACTORS ACT The Regulations pursuant to the Chiropractors Act are here reprinted in their entirety: CHIROPRACTORS ACT Division (1) - Interpretation 1.01 "Act" means the Chiropractors Act, being Chapter 50 of the Revised Statutes of British Columbia, 1979, and amending acts "Association" means The British Columbia Chiropractic Association, constituted under the Chiropractors Act "Board" means the Board of Chiropractors constituted under the Chiropractors Act "registered chiropractor" means a duly qualified chiropractor registered pursuant to the Act and these Regulations possessing a certificate for the current year "member" means a member of the Association, and includes a registered chiropractor. Division (2) - The Association 2.01 The Association shall consist of members in good standing and such associate and honorary members as may he appointed or elected pursuant to the provisions of this regulation The official seal of the Association shall be established by a resolution of the members of the Board The seal of the Association shall be affixed to such documents as may be necessary, from time to time, on resolution of the Board and in the presence of at least two members of the Board The head office of the Association shall be in the City of Vancouver, in the Province of British Columbia and at the place or places therein where the oftice of the Association may, from time to time, be situated. Division (3) - Elections 3.01 A Board of nine members shall manage the affairs of the Association.

3 3.02 The officers of the Board shall consist of a President, immediate past president, Vice President, Registrar, which officers the Board shall elect from its members. The officers of the Board shall occupy their respective offices until the next annual general meeting following their election A member of the Board is eligible for re-election Where a member of the Board or a representative to the National Board of the Canadian Chiropractic Association or the Canadian Memorial Chiropractic College dies, resigns, or otherwise vacates his seat before the completion of his term of office, the remaining members of the Board may appoint in his stead any qualified member of the Association who shall hold office until the next annual general meeting when his successor shall be elected to fulfill the term The term of office of a member of the Board shall terminate upon resolution of the Board, if the resolution receives the affirmative vote of not less than seven members of the Board The term of office of a member of the Board shall terminate upon the suspension or cancellation of the registration of the member A registered chiropractor shall be eligible for membership on the Board Nominations for election to the Board shall be in writing, signed by two or more members of the Association in good standing A nomination, together with the consent of the nominee to accept office if elected, shall be in the hands of the Registrar on or before the 15th day of August preceding the election A list of the members so nominated, together with a brief biography of each, shall be forwarded, as soon as possible after nominations close, to every member of the Association Members of the Board shall be elected for a term of three years, and three members shall be elected annually at each annual general meeting of the Association The election of representatives to the National Board of the Canadian Chiropractic Association or Canadian Memorial Chiropractic College shall be held biennialy commencing in 1970 and follow the same procedure as set forth in sections 3.07, 3.08, 3.09 and Each chiropractor in good standing and not in arrears for dues or fees to the Association for the current year shall be entitled to be placed on the list of voters.

4 3.14 The members whose names appear upon the list of voters, but no others, shall be entitled to vote at an election for members of the Board and for representatives to the Canadian Chiropractic Association, and the Canadian Memorial Chiropractic College At the annual meeting of the Association, each member in attendance whose name appears on the voting list shall be entitled to a voting paper containing thereon in alphabetical order the names of all members duly nominated for membership to the Board, and stating the number of members to be elected; and such member shall be further entitled to other voting papers containing the names in alphabetical order of all members nominated for the position of representative to the Canadian Chiropractic Association or the Canadian Memorial Chiropractic College as the case may be, in each case stating the number of members to be elected Members of the Association whose names appear on the list of voters and who are not in attendance at the annual meeting shall be entitled to vote in the manner set forth in Section 3.17 of these Regulations Immediately after nominations close, the Registrar shall cause to be mailed to each member of the Association a list of those nominated and (a) Voting papers containing the names in alphabetical order of all members nominated; (b) A plain envelope; (c) An envelope having printed or typed thereon a declaration in the following words: of British Columbia, a member in good standing of the British Columbia Chiropractic Association, do hereby declare: 1. The signature hereto is my proper handwriting. 2. Enclosed herewith are voting papers for the election of members to the Board and of representative(s) to the Canadian Chiropractic Association or Canadian Memorial Chiropractic College such voting papers being marked by me. 3. I vote for the persons opposite whose names I have placed an "X". 4. I have not marked and submitted any other voting paper for the election this year.

5 5. The voting papers are made and submitted as of the date hereof. Witness my hand this day of, 198. Signature (d) An envelope marked "Voting-paper", and addressed to the Registrar of the Association For the purpose of voting, a member, entitled to vote as provided by Section 3.17 shall proceed as follows: (a) He shall mark "X" opposite the name of each candidate on the voting-papers for whom he desires to vote; (b) He shall not vote for more candidates than are eligible for election nor shall he vote for less candidates than are eligible for election; (c) He shall place the marked voting-papers in the plain envelope and seal the envelope and place the plain envelope in the declaration envelope; (d) He shall complete and sign the declaration envelope; (e) He shall place the declaration envelope in the addressed envelope marked "voting paper", seal it, and mail or deliver it to the Registrar If an addressed envelope is received by the Registrar after an election, the voting papers therein shall not be counted A voting-paper that is not marked in accordance with these provisions shall not be counted Failure by the registrar to mail to a member of the Association the list of nominations and other material pursuant to Section 3.17, does not invalidate the election The Registrar shall safely keep, unopened, all envelopes marked "Voting-paper" that are received by him before the time of election and then shall place them with the ballots cast at the meeting. Any member having received a ballot by mail and having voted as hereinbefore provided, may elect to have his said voting-paper destroyed and to vote in person at the meeting The President, or other presiding officer, at the annual general meeting will appoint two members who, with the registrar, shall act as scrutineers at the election.

6 3.24 After the ballots have been cast at the annual general meeting, the Registrar and scrutineers shall examine and satisfy themselves in respect of the declarations received prior to the election as aforesaid, and the Registrar shall remove the plain envelopes from the declaration envelopes and place them together unopened and shall then mix them so they cannot be identified. The Registrar and the scrutineers shall then open the plain envelopes, mix the voting papers with those cast at the meeting, and count the votes, keeping a record thereof, and shall communicate the result to the presiding officer who shall announce the result of the election to the meeting. Of the candidates nominated, those, to the number to be elected, receiving the greatest number of votes shall be declared to be elected. In case the election of one or more candidates is undecided by reason of an equality of votes, the scrutineers shall forthwith put into a ballot box one paper for each candidate whose election is undecided and having the name of the candidate written thereon, and the Registrar shall draw by chance from the ballot box in the presence of the other scrutineers, one or more of such papers as sufficient to make up the required number of those members to be elected, and the Registrar shall declare the candidates whose names are upon the ballot papers so drawn to be elected. The ballot papers shall then be destroyed The Registrar and the scrutineers, by majority, may designate a voting paper spoiled and such spoiled voting paper shall be maintained by the Registrar but shall not be counted with other voting papers. Division (4) - Meetings of the Board 4.01 Regular meetings of the Board should be held every month of the year except July, August and December. Special meetings may be held, from time to time, on the call of the President, or on the written request of two members of the Board of which two days' notice shall be given. Division (5) - Meetings of the Association 5.01 There shall be an annual general meeting of the members of the Association in each calendar year during September at such place and time as the Board may decide. At each annual general meeting a report of the proceedings of the Board since the last annual general meeting shall be presented At least ninety days before an annual general meeting the Registrar shall cause to be mailed to each member of the Association a notice of such meeting, specifying the time and place of the meeting, the names of those members of the Board and elected representatives whose terms of office are expiring, and a notification in the manner in which nominations are to be given and the date by which they are to be received by the Registrar.

7 5.03 At least ten days before the annual general meeting, an audited statement of the finances of the Association during the last fiscal year, and a notice containing the names of all members nominated for office, shall be mailed by the Registrar to each member of the Association The Board may, whenever it thinks fit, convene a special general meeting of the members of the Association, and it shall convene a special general meeting of the members on the written request of fifteen per cent of the members, delivered to the Registrar, to be held within one calendar month of the receipt of the request. A special general meeting of the members of the Association shall be held at such time and place as the Board may determine. At least ten days before a special general meeting, the Registrar shall cause to be mailed to each member of the Association a notice of such meeting At all annual general and special general meetings of the Association, the President, or, in his absence, the Vice President, or, in the absence of both, some member of the Board, designated by the President, shall preside Thirty members in good standing shall constitute a quorum at an annual general or special general meeting. Division (6) Registration and Annual Fees 6.01 There shall be payable by every applicant for registration as a member of the Association and every candidate for examination, a registration fee of $400.00, in addition to National Examining Board fees, except that the registration fee of an applicant for registration who is qualified under Section 7 of the Act, but has not previously practised chiropractic shall be $ (a) The annual fee shall be determined by a simple majority vote of the members of the Association at the annual general meeting and confirmed by resolution of the Board, provided that the Board may, by resolution, set an annual fee which is lower than the fee determined by the vote of the members of the Association. (b) Every member of the Association shall in each year on or before the 31st day of July, pay to the Registrar the annual fee as determined under Section 6.02(a), and if the member is otherwise in good standing, the Registrar shall, upon payment of the annual fee, issue a practising certificate to the member.

8 (c) The Board may by resolution accept a discount of the annual fee as set under Section 6.02(a), providing the fee is paid on or before such date as the Board may determine. (d) If any member of the Association fails to pay the annual fee as required by the 1st day of October in any practice year, he shall stand suspended; and if such failure continues until the 1st day of December next thereafter, he shall cease to be a member as of that date, and his name shall be struck from the register, unless the Board otherwise directs. (e) The Board may, at any time, upon such terms as it may impose, reinstate any person so suspended or so ceasing to be a member for failure to pay his annual fee upon his paying all arrears together with the annual fee for the practice year in which reinstatement takes place. The Board may by rule provide: 1. That a member who notifies the Registrar in writing that he proposes to abstain from practice in the Province, if he so abstains for the whole or part of any practice year, pay a sum in lieu of the annual fee for that year, or such protion thereof as the Board may decide. During such year or part thereof he shall be deemed to be disqualified from the practice of chiropractic. A non-practising chiropractor shall receive all notices and literature available to practicing members and shall be entitled to attend meetings, but not to vote. 2. That a member who, although he has paid his annual fee for a practice year,has satisfied the Board that he has abstained from practice in the Province during the whole or part of that year may be entitled to a refund of such fee or portion thereof as the Board may decide. 3. The qualified member who has maintained a chiropractic practice in another jurisdiction may be reinstated as a member in good standing upon proof of the foregoing and proof of compliance with Regulation 7.03 of these Regulations.

9 4. That a member who has retired from active practice, and who has practiced in British Columbia within the past three years, and who has remained on the Non-Practicing Register be permitted to participate as a locum practitioner for a period of not more than sixty days per year providing that he/she: A. receives permission from the Registrar prior to commencing such a locum practice, B. h..s attended eductional seminars and has acquired at least six credit hours within the past year, and C. has paid all required dues and fees The fiscal year of the Association shall be from August 01 of one year to July 31 of the next year No motion shall be presented to an annual general or special general meeting of the Association calling for an increase or decrease in dues or any change in the minimum fee schedule unless 10 days written notice of the said motion be given to the Registrar of the Association prior to its presentation To be registered in British Columbia, a chiropractor who has been out of practice for: (a) More than three years but not more than five years must complete 100 hours of postgraduate technique training at a college that is acceptable to the Board and must pass an oral examination administered by the Examining Board; (b) More than five years but not more than nine years must complete a semester of 300 hours at a college that is acceptable to the Board and must pass an oral examination administered by the Examining Board, and (c) More than nine years must complete a full academic year at a college that is acceptable to the Board and must pass an oral examination administered by the Examining Board. Division (7) - Registration of Members 7.01 The Board shall cause to be kept by the Registrar a book or register to be known as "The British Columbia Chiropractic Register" (hereinafter called the Register) in which shall be entered the name of each and every member of the Association.

10 Division (8) - Duties of the President 8.01 The President shall preside at all meetings of the Board and Association, attest all minutes of meetings, and perform all such duties as may be required of him as the President of the Association The President shall have the same right to vote at meetings of the Board as any other member and shall have a casting vote. He shall not have the right to vote at meetings of the Association but, in the event of a tie, shall have a casting vote. Division (9) - Duties of the Vice-President 9.01 In the absence of the President, the Vice-President shall perform the duties of the President. In the absence of both the President and the Vice-President, the duties of the President may be performed by some other member of the Board. Division (10) - Duties of the Registrar The Registrar shall keep a record of all proceedings of the Board and the Association, conduct all correspondence, send all notices of meetings, receive all moneys and deposit them in a chartered bank to the credit of the Association, make a detailed report of the property and finances at the annual general meeting of the Association, and at the termination of his office, hand all books and papers in his possession to his successor in office It shall be the duty of the Registrar at each meeting of the Board to present the minutes of the previous meeting, which, after being approved, shall be signed by the President It shall be the duty of the Regstrar to keep a register correct in accordance with the Act and these Regulations, and he shall, from time to time, make the necessary alterations in the addresses of the registered members of the Association The Registrar shall prepare all necessary diplomas, certificates, and other documents pertaining to his office and perform all other services incidental thereto. Division (11) - General Powers of the Board The Board may appoint a person or persons to assist the Registrar in the performance of his duties and such officials as may be required, from time to time, to discharge the duties of any officer of the Board.

11 11.02 The Board shall have the power to fix the salaries of the persons appointed pursuant to the last preceding section, and the remuneration to be granted to the solicitor of the Association The Board may grant an honorarium to the Registrar or other members of the Association for special services rendered or duties performed and to reimburse members of the Association for expenses properly incurred The Board shall appoint the Chairman and members of the Board of Examiners The Board has the power to govern the order of business and regulate all proceedings at its meetings and those of the Association or any committee of the Association The Board has the power to appoint committees as it deems necessary and to prescribe the powers and duties of those committees. Division (12) - Discipline of Members The Board shall appoint a Discipline Committee composed of a Chairman, who shall be a past member of the Board and two members of the Association with at least five years standing as members of the Association A quorum for the conduct of the business of the Discipline Committee shall be two and the meetings of the Committee may be conducted by telephone The Committee or the Board may inquire into the conduct or competence of a member of the Association and for that purpose may receive written complaints against the member from any person The Committee shall make inquiries and investigate complaints and shall: (a) Dismiss the complaint summarily; (b) After hearing from the member in a summary fashion reprimand the member and require the member to undertake in writing not to repeat the offending activity or to undertake to take such educational courses as may be necessary in the discretion of the Committee;

12 (c) If the Committee is satisfied that a case has been made out against a member and the member may be guilty of: 1. Gross misconduct; 2. Displaying such ignorance or incompetence as to render it proper in the public interest that his registration be cancelled; 3. Obtaining his registration by any false or fraudulent means; 4. Professional misconduct or other misconduct unbecoming a member of the Association; 5. An indictable offence committed in the Province or elsewhere for which a member has been convicted by a Court of competent jurisdltion. Then the Committee shall by written statement served by registered mail upon the member advise the member of the nature of the complaint and the particulars thereof and shall file a copy of the statement with the Registrar. The Registrar shall, upon receipt of the statement, appoint a time and a place for the hearing by the Board of the complaint and shall upon four weeks written notice to the member advise such person by registered mail of the time and place for the hearing Upon the hearing of any complaint or charge against a member, the Board shall have the power to summons and examine as a witness any member under oath and to compel the production of books, papers, documents, and other writings necessary to their inquiry. The summons shall be under the hand of the registrar, or in his absence, of two members of the Board, and shall be stamped with the official seal of the Association. Any member summonsed as a witness and not attending in obeyance to that summons, or refusing to be sworn or affirmed or give evidence, neglecting or refusing to produce such book, paper, document, or writing as aforesaid, may have his registration suspended or cancelled The Board may, if it thinks fit, adjourn any investigation from time to time (a) The Board may, with respect to any inquiry or hearing, employ such legal or other assistance as it may think necessary. The member against whom a complaint is made may appear personally or with counsel. (b) The Board may receive as evidence any such oral, documentary, or other matter as it may think fit; and where evidence is tendered that would not be

13 admissible in a Court of Law in the Province, the Committee may nevertheless receive the evidence if it is satisfied that its duty of making due inquiry into the matters before it makes its reception necessary or desirable In case the parties or any of them fail to appear at the hearing appointed or at any adjournment thereof, the Board may thereupon proceed in his or their absence The Board shall decide if the member is guilty or not guilty of the complaint and may: (a) Dismiss the complaint; or (b) Reprimand the member in writing; or (c) Reprimand and in addition impose a penalty of an amount not to exceed $2,500.00; or (d) Suspend the imposition of punishment for a period not to exceed two years and place the member on probation upon such terms as the Board may decide which terms are not contrary to the Act or these Regulations; or (e) Suspend the right of the member to practice chiropractic for a period not to exceed six months from the date of hearing; or (f) Cancel the registration of the member either permanently or upon terms requiring the attendance of the member to successfully complete a course of study designated by the Board with a time period designated by the Board; or (g) Make such other disposition of the complaint as the Board considers just The Board may, in any case dealt with under Regulation where a finding adverse to a member is made, order that the member pay the costs of the hearing, or such portion thereof as the Board may in its discretion determine. Any amount so ordered or determined shall be a debt due from the member to the Association A member while under suspension shall be deemed not to be in good standing and shall be disqualified from the practice of chiropractic for the period of this suspension Where a member is suspended for a period of more than three months or his membership is cancelled under or 6.02 the Registrar shall publish a notice of the same in a newspaper published regularly in a locality where the member practices or usually resides and in addition thereto may make such other publication of the suspension and/or the cancellation as the Registrar deems appropriate.

14 12.13 The Discipline Committee shall maintain written record of all complaints and their disposition in such form as the Committee shall determine The Board shall have the power to review and revise any professional fees which may be in dispute and if any such professional fees, in the opinion of the Board, are excessive, it shall have the authority to take disciplinary action provided in Regulation with respect to any such member. Division (13) - Reinstatement A member whose registration has been suspended or a person who has ceased to be a member for any other reason may at any time apply to the Board to be restored to membership, and thereupon the Board may, if in its discretion it sees fit to do so, by resolution restore such person to membership in the Association Notice in writing of an application for reinstatement shall be given by the applicant to the Registrar and the applicant may appear before the Board in person or by counsel and be heard on such application. Division (14) - Application of Funds The Board shall keep a bank account in one of the chartered banks of Canada, and shall deposit into the bank account all moneys received for and on account of the Association The Board shall manage and dispose of all moneys and funds coming into its hands in the following manner: (a) For the regulation of the practice of chiropractic in the Province of British Columbia and as advancement and betterment in the Province of British Columbia and Canada; (b) The Board may invest its surplus of reserve funds in any investments authorized by the Trustee Act, R.S.B.C. 1979, Chapter 414, Section 15, but not otherwise The Board shall be entitled to pay the reasonable travelling expenses of the members of the Board and to allow such remuneration to the members of the Board as may, from time to time, be decided by them.

15 Division (15) - Duties of the Board of Examiners The Board may designate as the official examinations of the Association examinations held by the National Examining Board of the Canadian Chiropractic Association at times and places (at least once annually) appointed by the said National Examining Board or may direct special examinations to be conducted by the Examining Board The Board of Examiners shall furnish each applicant for examination with a form of application approved by the Board which may be that prescribed by the National Examining Board The Board of Examiners shall require that each applicant for registration file with the Registrar an application form showing his right to become a member of the Association and such form shall, when required by the Board of Examiners, be accompanied by a fee of $10.00 for the purposes of investigation and clarification of his credentials, and the Board shall deal with each application within two months from the date of filing The Board of Examiners shall require that each candidate for registration must deposit at the time of registration with the Registrar the registration fee as required by Section 6.01 of these Xe6tlations, and, in addition, such portion of the annual fees of the Association for the current fiscal year as the Board may, from time to time, determine The Board of Examiners shall examine the applications of all candidates for registration and shall inquire into their qualifications, and if any or all of the candidates are found suitable for registration, the Board of Examiners shall report the names of such candidates in writing to the Board and the Board, upon being satisfied that the applicant is duly qualified to practice chiropractic and is a person of integrity and good moral character, shall grant to him a certificate of registration in a form approved by the Board In the event that the Board of Examiners declines or refuses to recommend a candidate for registration, such candidate may appeal in writing to the Registrar within 30 days of the date of such refusal and upon receipt of such notice of appeal the Registrar shall set a time and place for the hearing of the appeal and shall advise the candidate of the same by registered mail. At the time and place et by the Registrar for hearing of the same, the Board shall review the application of the candidate, hear any submissions which the Board of Examiners or the applicant may wish to make and then shall decide with or without written reasons whether or not the appeal should be allowed and the candidate registered or the appeal dismissed and the registration of the candidate refused.

16 15.07 The Board of Examiners shall refund to an unsuccessful applicant who was not required to write examinations, the full sum deposited by him, less any expenses incurred in the investigation of his credentials. Division (16) - Definitions of Misconduct Without limiting the generality of the maintenance of ethical standards and to assist the chiropractors in so doing for the better government and honour of those engaged in the practice of chiropractic, it is hereby provided that the breach of any of the following paragraphs shall be deemed to be misconduct unbecoming a member of the Association: (a) Each registered chiropractor shall maintain and observe all the principles contained in the Code of Ethics of the profession; (b) No chiropractor shall offer to guarantee a cure either verbally or in writing or by advertising or otherwise; (c) A chiropractor shall not publish material relating to the Association in any public media other than interprofessional publications or as approved by the Board; (d) No chiropractor shall sell, dispense, or permit to be sold or dispensed in connection with his practice any vitamins or food supplements; (e) No chiropractor shall offer any cash or other consideration to any person for the procuring of patients; (f) No chiropractor shall engage in any other profession or business which, in the opinion of the Board would be subversive of the best interests of the profession of chiropractic. (g) Every chiropractor shall comply with the continuing education requirements prescribed from time to time by the Board. (h) Every chiropractor shall comply with the advertising code prescribed from time to time by the Board.

17 Division (17) - Radiation Safety and Procedure All radiographic installations shall conform to C.S.A. standards or Electrical Energy and Inspection Branch regulations and the Safety Code: X-rays in Medical, Dental and Paramedical Diagnostic Radiology, booklet RPD-SC-4 of the Department of National Health and Welfare, Ottawa as amended from time to time Any chiropractor using x-ray facilities and equipment pursuant to Section 10(2) of the Act shall submit to a full inspection of his x-ray facilities and equipment by Radiation Protection Officers appointed pursuant to the Health Act and shall ensure that his facilities and equipment comply with these Regulations. Failure or neglect to comply with these Regulations shall be deemed misconduct unbecoming a member of the Association In developing or modifying a facility for x-ray, plans and detailed drawings with pertinent specifications, shall be approved by the Radiation Protection Service Department of Health, before construction begins The capacity of the x-ray unit must be 18 kilowatt seconds at 90 kvp or greater for installations doing complete spinal examinations or 9 kilowatt seconds at 90 kvp or greater for installations doing only cervical spinal examinations The x-ray tube housing shall be equipped with an adjustable rectangular filed collimator and should be fitted with a light source capable of projecting a light beam the same shape and size as the x-ray field. The whole assembly (including the tube) shall be mounted so that the leakage radiation at one metre can nowhere exceed the specified maximum of 100 mr in any one hour X-ray equipment shall have a securely mounted filter in the beam to provide total filtration of not less than 1.5 mm of aluminum or its equivalent Calibration of an x-ray unit shall be made following installation by qualified personnel and periodic recalibration done thereafter All walls, doors, floor and ceiling areas exposed to x-radiation shall be constructed to prevent x-rad i ation reaching persons other than the patient. A lead lined bootn with a lead glass window shall be provided to protect the x-ray operator Only persons whose presence is essential shall be permitted in the radiographic room during exposures. When there is need for persons other than the patient to be in the radiographic room they shall be provided with protective clothing.