COLLEGE OF NATUROPATHIC PHYSICIANS OF BRITISH COLUMBIA BYLAWS under the Health Professions Act Dated: March 24, 2006 Current version consolidated November 2015
CONTENTS Page Definitions... 1 PART 1 COLLEGE BOARD, COMMITTEES AND PANELS... 3 Composition of the board... 3 Eligibility for election to the board... 3 Eligibility for voting in election... 3 Notice of election... 3 Nomination procedure... 4 Election procedure... 4 Terms of office... 5 Removal of elected board member... 5 Vacancy... 6 Remuneration of board and committee members... 6 Chair, vice-chair and acting chair... 6 Board meetings... 7 Extraordinary board meetings... 8 Registration committee... 9 Examination committee... 9 Inquiry committee... 9 Patient relations committee...10 Discipline committee...11 Quality assurance committee...11 Finance and administration committee...13 i
Committees and panels...13 PART 2 COLLEGE ADMINISTRATION... 15 College seal...15 Fiscal year...15 Special Fees...15 Banking...15 Payments and commitments...15 Borrowing powers...16 Investments...16 Accountant...16 Legal counsel...16 General meetings...17 Notice of general meetings...17 Resolutions proposed by registrants...18 Proceedings at general meetings...18 Voting by proxy...19 Notice to public representatives...20 PART 3 COLLEGE RECORDS... 21 Body responsible for administering FOIPPA...21 Fees for information requests...21 Protection of personal information...21 Disclosure of annual report...21 Disclosure of registration status...22 Manner of disposal of college records containing personal information...22 PART 4 REGISTRATION... 23 Classes of registrants...23 ii
Full registration...23 Review on the record...24 Non-practising registration...25 Lifetime membership...26 Temporary registration...26 Certificate of registration...27 Limits and conditions on use of titles and terms...27 Certification in specified aspects of practice...28 Specialty fields of the profession...29 Examinations...29 Registration renewal...30 Continuing education...32 Reinstatement...33 Reinstatement following disciplinary action...34 Reinstatement following non-payment of fees or fines...34 Notification of change of registration information...35 PART 5 INSPECTIONS, INQUIRIES AND DISCIPLINE... 36 Inspections...36 Investigations by inquiry committee...36 Consent orders...36 Mediation...37 Citation for disciplinary hearing...37 Hearings of discipline committee...38 Notice of disciplinary decision...39 Retention of disciplinary committee and inquiry committee records...39 Registrant under suspension...39 Fines and costs...40 iii
PART 6 REGISTRANT RECORDS... 41 Definition...41 Purpose for which personal information may be collected...41 Source of personal information...41 Collection of personal information...42 Manner of collection of personal information...43 Confidentiality of personal information...44 Accuracy of personal information...44 Right to request correction of personal information...44 Use of personal information by a registrant...44 Disclosure of personal information by a registrant...45 Definition of consistent purpose...46 Disclosure for research and statistical purposes...46 Storage and retention of personal information...46 Manner of disposal of records...46 Registrant ceasing to practise...47 Protection of personal information...47 Contracts for handling personal information...47 Remedying a breach of security...47 Patient access to personal information...48 PART 7 HEALTH PROFESSION CORPORATIONS... 50 Application for health profession corporation permit...50 Issuance of health corporation permit...50 Renewal of health profession corporation permit...50 Health profession corporation name...51 Change of health profession corporation name...51 Health profession corporation advertising...52 iv
Disposition of shares...52 Hearings respecting revocation of permits...52 PART 8 GENERAL... 54 Liability insurance...54 Marketing...54 Code of Ethics and standards of practice...57 Use of Titles...57 SCHEDULES FORMS Schedule A Recognized Education Programs Schedule B Maximum Fees for Information Requests Schedule C Registrant Fees Schedule D Recognized Specialties Schedule E Tariff of Costs (Discipline Committee) Form 1 Certificate of Election Form 2 Application for Full Registration Form 3 Statutory Declaration (Practising) Form 4 Criminal Record Check Authorization Form 5 Application for Non-practising Registration Form 6 Statutory Declaration (Non-practising) Form 7 Application for Temporary Registration Form 8 Certificate of Registration (Practising) Form 9 Application for Registration Renewal Form 10 Application for Reinstatement Form 11 Order to Attend Discipline Committee Hearing Form 12 Application for Permit Form 13 Application for Permit Renewal Form 14 Application for Corporate Name Change v
Definitions 1. In these bylaws: (d) Act means the Health Professions Act; appointed board member means a person appointed to the board under section 17 (3) of the Act; board means the board established under section 17 (1) of the Act for the college; board member means an appointed board member or elected board member; (e) board chair means the board chair elected under section 12 (1); (f) board vice-chair means the board vice-chair elected under section 12 (1); (g) (h) (i) (j) (k) (l) (m) Code of Ethics means the Code of Ethics established by the board under section 19 (1) (l) of the Act; college means the College of Naturopathic Physicians of British Columbia established under section 15 (1) of the Act; committee member means a person appointed by the board to a committee established in these bylaws; deliver, with reference to a notice or other document, includes mail, fax or electronic mail to or leave with a person, or deposit in a person s mailbox or receptacle at the person s residence or place of business; elected board member means a registrant elected to the board under section 17 (3) of the Act and, except in section 8 (1) and (2), includes a registrant appointed under section 10 (1); examination means a theoretical examination, given orally or in writing, or a practical examination, or any combination of these, and includes a supplemental examination and a section of an examination if the examination is required to be taken in a series of sections; in good standing means, in respect of a registrant, (i) (ii) the registration of the registrant is not under suspension or cancelled, the registrant is not the subject of an investigation, a pending hearing, a hearing underway or a pending determination or decision relating to the professional conduct of the registrant, and - 1 -
(iii) the registrant s authorization to practise naturopathic medicine is not otherwise restricted or limited by (A) (B) any terms, limits or conditions of a consent or undertaking given by the registrant under section 36 of the Act, an order under section 35 or 39 of the Act, or a deemed order under section 37.1 of the Act, or any terms or conditions attached to the registration under section 20 (2.1) of the Act; (n) personal information means personal information as defined in Schedule 1 of the Freedom of Information and Protection of Privacy Act; (o) (p) (q) public representative means a person who is not a registrant or former registrant or a former member of the Association of Naturopathic Physicians of British Columbia and who has no close family or business relationship with a registrant or former registrant or a former member of that Association, and includes an appointed board member; quality assurance assessor means a person appointed under section 26.1 (4) of the Act; record means a record as defined in Schedule 1 of the Freedom of Information and Protection of Privacy Act; (r) regulation means the Naturopathic Physicians Regulation, B.C. Reg. 449/99; (s) (t) (u) respondent means a registrant or former registrant named in a citation under section 37 of the Act or a health profession corporation named in a notice of permit revocation hearing under section 98; special resolution means a resolution which requires a 3 / 4 vote of those persons present and eligible to vote at a meeting; standard of practice means a statement, published by the board under section 19 (1) (k) or (1) of the Act, setting out the minimum standard, or minimum standards, for practising the profession or a specified aspect of practice and which reflect the essential knowledge, skills and abilities registrants are expected to have in order to perform or provide the services of a naturopathic physician in a safe, competent, ethical and professional manner, along with any related limits or conditions that must be observed or met to ensure registrants do not practice in an incompetent, impaired or unethical manner. - 2 -
PART 1 COLLEGE BOARD, COMMITTEES AND PANELS Composition of the board 2. The board consists of four (4) elected board members and the appointed board members. Eligibility for election to the board 3. (1) Subject to subsections (2) to (4), only a full registrant in good standing is eligible to be elected in an election under section 17 (3) of the Act. (2) A registrant is not eligible to be elected if, within the six (6) year period immediately prior to the date of the election, his or her registration has at any time been suspended or cancelled for any reason other than non-payment of fees, or his or her authorization to practise naturopathic medicine has at any time been otherwise restricted or limited by (i) any terms, limits or conditions of a consent or undertaking given by the registrant under section 36 of the Act, an order under section 35 or 39 of the Act, or a deemed order under section 37.1 of the Act, or (ii) any terms or conditions attached to the registration under section 20 (2.1) of the Act. (3) A registrant who has served as an elected board member for the maximum number of consecutive terms allowed under section 8 (2) is not again eligible to be elected until a period of at least two (2) years has elapsed since the expiry of his or her most recent term of office as an elected board member. Eligibility for voting in election 4. Only a full or non-practising registrant in good standing is eligible to vote in an election under section 17 (3) of the Act. Notice of election 5. (1) At least forty-five (45) days prior to the date of an election under section 17 (3) of the Act, the registrar must deliver notice of the election to each registrant. - 3 -
(2) The notice must contain information about the nomination procedure and the election procedure. (3) The accidental omission to deliver notice of an election to, or the non-receipt of such a notice by, any registrant, board member or committee member entitled to receive notice does not invalidate the election, any proceedings in relation thereto, or the results thereof. Nomination procedure 6. (1) Only a full registrant in good standing may nominate a person for a board position to be filled in an election under section 17 (3) of the Act, and he or she must do so by delivering such nomination to the registrar, together with a letter of consent from the nominee. (2) A nomination under subsection (1) must be received by the registrar at least twenty-one (21) days prior to the date of the election. (3) Despite subsections (1) and (2), if the number of board positions to be filled in an election is greater than the number of qualified nominations existing immediately prior to the election, a full registrant in good standing may nominate a person from the floor, with that nominee s consent, for a board position to be filled in the election. (4) A nominee under subsection (1) or (2) must, prior to the election, declare in writing that he or she will comply with the Act, the regulations and these bylaws and the procedures established by the registrar under section 7 (7). (5) The registrar must disqualify any nominee whose nomination contravenes the Act, the regulations or these bylaws, who is not eligible under section 3 to be elected or who does not comply with subsection (3). Election procedure 7. (1) At each annual general meeting, an election under section 17 (3) of the Act must be held to fill the elected board member positions that are vacant. (2) At least seven (7) days prior to the date of an election, the registrar must prepare and deliver a proxy to each registrant who is eligible to vote in the election. (3) A registrant who is eligible to vote in an election is entitled to one (1) ballot and may vote for one (1) candidate for each board position to be filled in the election. (4) Voting in an election must be by secret ballot. - 4 -
(5) The candidate, or candidates, receiving the most votes on the return of the ballots is, or are, elected. (6) In the case of an equality of votes during an election, the registrar must select the successful candidate, or candidates, by random draw. (7) The registrar must supervise and administer all elections and may establish procedures, consistent with these bylaws, for that purpose. (8) The registrar may determine any dispute or irregularity with respect to any nomination, ballot or election. (9) If, at the close of nominations for an election, the number of qualified nominations under section 6 is less than or equal to the number of board positions to be filled in the election, the nominee is, or the nominees are, elected by acclamation. (10) The registrar must use Form 1 to certify newly elected board members under section 17.1 (1) of the Act. Terms of office 8. (1) The term of office for an elected board member expires on the date of the second annual general meeting following the date that his or her term of office began, as certified under section 17.1 (1) of the Act. (2) An elected board member may serve a maximum of four (4) consecutive terms. (3) An elected board member may resign at any time by delivering a notice in writing to the registrar and the resignation is effective upon receipt by the registrar. Removal of elected board member 9. (1) An elected board member ceases to hold office if he or she ceases to be a registrant in good standing, or dies. (2) An elected board member may be removed from office by special resolution of the board, or by the registrants at a general meeting in accordance with section 36. - 5 -
Vacancy 10. (1) If, before the expiry of his or her term of office, an elected board member resigns, is removed from office under section 9, or otherwise ceases to hold office, the board may, by special resolution, appoint a full registrant to fill the resulting vacant board position. (2) Only a registrant who is eligible under section 3 to be elected may be appointed under subsection (1). (3) The term of office for a registrant appointed under subsection (1) expires on the date of the next annual general meeting following the date of his or her appointment. Remuneration of board and committee members 11. (1) A board member or committee member is entitled to be paid an honorarium in accordance with the policy established by the board. (2) A board member or committee member is entitled to be reimbursed by the college for reasonable expenses necessarily incurred in connection with the activities of the board or committee, in accordance with the policy established by the board. (3) Appointed board members and elected board members must be remunerated equally under the policies referred to in this section. (4) All committee members must be remunerated equally under the policies referred to in this section. (5) Despite subsection (4), the amount of an honorarium referred to in subsection (1) may be different for each committee. Chair, vice-chair and acting chair 12. (1) The board, at its first meeting after each annual general meeting, must elect a board chair and may elect a board vice-chair, by majority vote. (2) The board chair must - 6 -
(d) preside at all meetings of the college and board, sign all certificates and other instruments executed on behalf of the college as required, sign the minutes of each meeting after they are approved by the board, and act generally in accordance with the requirements of his or her office for the proper carrying out of the duties of the board. (3) If a board vice-chair is elected, he or she must perform the duties of the board chair in the absence of the board chair. (4) In the absence of the board chair and, if one is elected, the board vice-chair, an acting chair for a board meeting must be elected by majority vote of the board members present. Board meetings 13. (1) The board must meet at least four (4) times in each fiscal year and must provide reasonable notice of board meetings to registrants. (2) The accidental omission to deliver notice of a board meeting to, or the non-receipt of a notice by, any registrant or board member entitled to receive notice does not invalidate proceedings at that meeting. (3) Board meetings must be called by the registrar at the request of either the board chair or any three (3) board members. (4) The registrar must provide the following to members of the public on request: details of the date, time and place of a board meeting; a copy of the agenda; a copy of the approved minutes of any preceding board meeting. (5) Board meetings must be open to registrants and to the public. (6) Despite subsection (5), the board may exclude any person from any board meeting or part of a board meeting if it is satisfied that financial, personal or other matters may be disclosed of such a nature that the desirability of avoiding public disclosure of them in the interest of any person affected or in the public interest outweighs the desirability of adhering to the principle that board meetings be open to the public, - 7 -
(d) (e) (f) (g) a person involved in a criminal proceeding or civil suit or proceeding may be prejudiced, personnel matters or property acquisitions will be discussed, the contents of examinations will be discussed, communications with the Office of the Ombudsman will be discussed, instructions will be given to or opinions received from legal counsel for the college, the board or committees, or the person is acting in such a way as to prevent the board from conducting the meeting. (7) If the board excludes any person from a board meeting or a part of a board meeting, it must have its reasons for doing so noted in the minutes of the meeting. (8) The board must ensure that minutes are taken at each board meeting and retained on file. (9) A majority of board members constitutes a quorum. (10) No resolution proposed at a board meeting need be seconded and the chair of a board meeting may move or propose a resolution. (11) In case of an equality of votes, the chair of a board meeting does not have a casting or second vote in addition to the vote to which he or she is entitled as a board member, and the proposed resolution does not pass. (12) The board may conduct board meetings by video-conference, telephoneconference or electronic conference when some or all board members are unable to meet in person. (13) Subject to the Act, the regulations and these bylaws, the most recent edition of Sturgis Standard Code of Parliamentary Procedure governs the procedures at board meetings. Extraordinary board meetings 14. (1) A written resolution signed by all board members is valid and binding and of the same effect as if such resolution had been duly passed at a board meeting. (2) Despite section 13 (1), the registrar or the board chair may call a board meeting without providing notice to registrants if necessary to conduct urgent business. - 8 -
Registration committee 15. (1) The registration committee is established consisting of at least three (3) persons appointed by the board. (2) At least one-third ( 1 / 3 ) of the registration committee must consist of public representatives. (3) The registration committee may recommend to the board that a specified naturopathic medicine education program be added to, or removed from, Schedule A. Examination committee 16. (1) The examination committee is established consisting of at least three (3) persons appointed by the board. (2) At least one-third ( 1 / 3 ) of the examination committee must consist of public representatives. (3) The examination committee is responsible for advising the board and the registrar with regard to registration examinations, acting as a consulting body to the board and the registrar in the appropriate testing of the knowledge and skills of applicants for registration, and exercising the powers and performing the functions and duties of the examination committee specified in section 55. Inquiry committee 17. (1) The inquiry committee is established consisting of at least three (3) persons appointed by the board, at least one of whom must be an appointed board member. (2) At least one-third ( 1 / 3 ) of the inquiry committee must consist of public representatives. - 9 -
Patient relations committee 18. (1) The patient relations committee is established consisting of at least three (3) persons appointed by the board, at least one of whom must be an appointed board member. (2) At least one-third ( 1 / 3 ) of the patient relations committee must consist of public representatives. (3) The patient relations committee must (d) (e) (f) establish and maintain procedures by which the college deals with complaints of professional misconduct, including those of a sexual nature, monitor and periodically evaluate the operation of procedures established under paragraph, develop and co-ordinate, for the college, educational programs which teach about professional misconduct, including professional misconduct of a sexual nature, for registrants and the public as required, establish a patient relations program to prevent professional misconduct, including professional misconduct of a sexual nature, develop guidelines for the conduct of registrants with their patients, and provide information to the board for the public regarding the college s complaint and disciplinary process. (4) In this section, professional misconduct of a sexual nature means sexual intercourse or other forms of physical sexual relations between the registrant and the patient, touching, of a sexual nature, of the patient by the registrant, or behaviour or remarks of a sexual nature by the registrant towards the patient, but does not include touching, behaviour and remarks by the registrant towards the patient that are of a clinical nature appropriate to the service being provided. - 10 -
Discipline committee 19. (1) The discipline committee is established consisting of at least three (3) persons appointed by the board, at least one of whom must be an appointed board member. (2) At least one-third ( 1 / 3 ) of the disciplinary committee must consist of public representatives. (3) The board may act under section 39 (2) to (8) of the Act as if it were the discipline committee. Quality assurance committee 20. (1) The quality assurance committee is established consisting of at least three (3) persons appointed by the board. (2) At least one-third ( 1 / 3 ) of the quality assurance committee must consist of public representatives. (3) The quality assurance committee is responsible for (d) subject to section 21, developing, reviewing and recommending to the board standards of practice to enhance the quality of practice, and to reduce incompetent, impaired or unethical practice among registrants, establishing and maintaining a quality assurance program to promote high standards of practice among registrants, recommending continuing education courses to the board for approval under section 57, and articulating specific programs to identify outcome measurements and evaluation methods, and recommending a timetable to the board for implementing these programs. (4) The quality assurance committee may assess the professional performance of a registrant, and inspect the records, including the patient records, of the registrant that are related to professional performance. (5) If the quality assurance committee is required to notify the inquiry committee pursuant to section 26.2 (3) of the Act, the quality assurance committee chair - 11 -
must deliver the notice in writing to the inquiry committee chair, and must deliver a copy of the notice to the registrar. (6) As necessary or appropriate, and subject to section 26.2 of the Act, the quality assurance committee must consult with the pharmacopoeia and diagnostic referral committee, and may consult with other committees, registrants or other individuals who have expertise relevant to a particular area of practice or any other matter considered by the quality assurance committee Pharmacopoeia and diagnostic referral committee 21. (1) The pharmacopoeia and diagnostic referral committee is established consisting of eleven (11) persons appointed by the board, as follows: (d) (e) six (6) full or non-practising registrants, at least 1 of whom is an educator from a recognized naturopathic medicine education program specified in Schedule A ; one (1) appointed board member; two (2) medical practitioners; one (1) pharmacist confirmed by the College of Pharmacists of British Columbia as suitable for membership on the committee; one (1) person nominated by the Ministry of Health Services. (2) The pharmacopeia and diagnostic referral committee must develop, review and recommend to the board standards of practice respecting the prescribing, compounding, dispensing and administering of drugs, preparations and medicines by registrants, and the ordering and use of laboratory and diagnostic tests and test results by registrants. (3) As necessary or appropriate, the pharmacopoeia and diagnostic referral committee must consult with the quality assurance committee, and may consult with other committees, registrants or other individuals who have expertise relevant to any matter considered by the pharmacopoeia and diagnostic referral committee. - 12 -
Finance and administration committee 22. (1) The finance and administration committee is established consisting of at least three (3) persons appointed by the board. (2) At least one-third ( 1 / 3 ) of the finance and administration committee must consist of public representatives. (3) The finance and administration committee is responsible for managing the college s system of financial administration, including (i) (ii) (iii) (iv) (v) (vi) accounting practices and systems, including classification of accounts, internal control and auditing systems, financial planning, budgetary control, ensuring the safekeeping of college assets, including assets held in trust, managing college revenues, including receipt, recording and control of funds and deposits made to accounts maintained by the board, and producing financial reports for the use of the board, (d) (e) advising the board on the needs of the college in regard to financial administration, and the financial implications of board decisions, advising the board on the application of legislative, regulatory and other financial requirements to the college, developing, establishing and administering, for the approval of the board, financial policies, systems and procedures essential to the financial administration of the college, and overseeing the organization, staffing and training of financial staff of the college. Committees and panels 23. (1) A committee member may be removed from a committee by majority vote of the board. - 13 -
(2) For each committee, the board must designate a committee chair, and may designate a committee vice-chair, from among the committee members. (3) If a committee vice-chair is designated, he or she must perform the duties of the committee chair in the absence of the committee chair. (4) In the absence of the committee chair and, if one is designated, the committee vice-chair, an acting chair for a committee meeting must be elected by majority vote of the committee members present. (5) Each committee must annually submit a report of its activities to the board. (6) Despite subsection (1), the board chair and the registrar are ex officio members of each committee except the discipline committee. (7) The discipline committee, the inquiry committee, the registration committee, the patterns of practice committee and the quality assurance committee may meet in panels of three (3) persons which must include at least one (1) public representative. (8) For each panel of a committee referred to in subsection (7), the committee chair must appoint the panel members from among the committee members, and must designate a panel chair from among the panel members. (9) A panel of a committee referred to in subsection (7) may exercise any power or perform any duty or function of that committee. (10) A majority of a committee or panel constitutes a quorum. (11) The provisions of section 13 (4) to (7) and (9) to (13) apply to a committee or a panel as if it were the board. (12) Committee meetings must be called by the registrar at the request of either the committee chair or any two (2) committee members. (13) Panel meetings must be called by the registrar at the request of either the panel chair or any two (2) panel members. (14) The registrar must provide reasonable notice of committee and panel meetings to registrants. (15) Despite subsection (14), the registrar or a committee chair may call a committee meeting, or the registrar or a panel chair may call a panel meeting, without providing notice to registrants if necessary to conduct urgent business. - 14 -
PART 2 COLLEGE ADMINISTRATION College seal 24. (1) A seal for the college must be approved by the board. (2) The seal of the college must be affixed, by those persons designated by the board, to certificates of registration and such other documents as the board may direct by resolution. Fiscal year 25. The fiscal year of the college commences on January 1 st and ends on December 31 st of the same year. Special Fees 26. The board may levy special fees payable by registrants. Banking 27. The board must establish and maintain such accounts with a chartered bank, trust company or credit union as the board determines necessary. Payments and commitments 28. (1) The board chair may approve payments and commitments for the purchase of goods and services up to the limits established by the board in policy for the purposes of this subsection. (2) Payments and commitments for the purchase of goods and services between the limits established by the board in policy for the purposes of subsections (1) and (3) may be approved jointly by the board chair and the finance and administration committee chair. (3) Payments and commitments for the purchase of goods and services in excess of the limits established by the board in policy for the purposes of this subsection must be approved by the board. - 15 -
(4) Despite subsections (1) to (3), the board must not purchase personal or real property or enter contracts for services in excess of $100,000 without a special resolution approved by the registrants of the college at a general meeting. Borrowing powers 29. (1) The board may raise money, or guarantee or secure the payment of money in the name of the college, in any manner determined by the board, in order to carry out the purposes of the college. (2) The board must not enter into any security obligation in excess of $100,000 without a special resolution approved by the registrants of the college at a general meeting. (3) The registrants may, by special resolution at a general meeting, restrict the borrowing powers of the board. Investments 30. The board may invest funds of the college in any investments authorized under section 15.1 of the Trustee Act in the name of the college and may change those investments. Accountant 31. (1) The board must appoint a chartered accountant or a certified general accountant to perform a review engagement or audit of the college s annual financial statements. (2) The finance and administration committee chair must submit the college s annual financial statements to the accountant within thirty (30) days of the end of each fiscal year. (3) A copy of the accountant s review engagement or audit report must be included in the college s annual report. Legal counsel 32. The board or, with the approval of the board, a committee or panel, may retain legal counsel for the purpose of assisting the board, committee or panel in carrying out any power or duty under the Act, the regulations or these bylaws. - 16 -
General meetings 33. (1) A general meeting of the registrants must be held in British Columbia at a time and place determined by the board. (2) An annual general meeting must be held at least once in each calendar year and not more than fifteen (15) months after the holding of the last preceding annual general meeting. (3) The following matters must be considered at an annual general meeting: (d) financial statements; the report of the board; the review engagement or audit report of the accountant; the report of the quality assurance committee. (4) Each general meeting, other than an annual general meeting, is an extraordinary general meeting. (5) The board may convene an extraordinary general meeting by resolution of the board, and must convene an extraordinary general meeting within sixty (60) days after receipt by the board or registrar of a request for such a meeting signed by at least ten (10) percent of all registrants. Notice of general meetings 34. (1) The registrar must deliver notice of an annual general meeting or extraordinary general meeting to each registrant at least forty-five (45) days prior to the meeting. (2) Notice of a general meeting must include the place, date and time of the meeting, the general nature of the business to be considered at the meeting, any resolutions proposed by the board, and - 17 -
(d) any resolutions proposed by the registrants under section 35 and received by the registrar prior to the mailing of the notice. (3) The accidental omission to deliver notice of a general meeting to, or the nonreceipt of a notice by, any registrant or board member entitled to receive notice does not invalidate proceedings at that meeting. Resolutions proposed by registrants 35. (1) Any ten (10) registrants may deliver a written notice to the registrar requesting the introduction of a resolution at least twenty-one (21) days prior to the date of an annual or extraordinary general meeting. (2) On receipt of a notice specified in subsection (1) and at least fourteen (14) days prior to the date of that meeting, the registrar must deliver a notice and a copy of the resolution to each registrant. (3) A registrant may propose a resolution at a general meeting from the floor and any such resolution will be noted by the chair of the meeting and placed at the end of the agenda to be debated if time permits. Proceedings at general meetings 36. (1) A quorum is ten (10) percent of the total number of registrants eligible to vote, who must be present in person. (2) No business, other than the adjournment or termination of the meeting, may be conducted at a general meeting at a time when a quorum is not present. (3) If at any time during a general meeting there ceases to be a quorum present, business then in progress must be suspended until there is a quorum present. (4) If a quorum is not present within thirty (30) minutes from the time appointed for the commencement of a general meeting, or from any time during a general meeting when a quorum ceased to be present, the meeting must be adjourned. (5) In the absence of the board chair and, if one is elected, the board vice-chair, an acting chair for a meeting must be elected by majority vote of the registrants present. (6) General meetings must be open to all registrants and to the public. - 18 -
(7) A general meeting may be adjourned from time to time and from place to place, but no business may be transacted at an adjourned meeting other than the business left unfinished at the meeting from which the adjournment took place. (8) When a meeting is adjourned in accordance with subsection (4) or by motion, notice of the rescheduled meeting must be delivered as in the case of the original meeting. (9) Only a full or non-practising registrant in good standing is eligible to vote at a general meeting. (10) Each registrant who is eligible to vote at a general meeting is entitled to one (1) vote for that meeting. (11) The chair of a general meeting, if the chair is a full or non-practising registrant in good standing, is entitled to one (1) vote for that meeting. (12) The chair of a general meeting may call for a vote by a show of hands or by ballot. (13) In case of an equality of votes, the chair of a general meeting does not have a casting or second vote in addition to the vote to which he or she is entitled as a registrant, if any, and the proposed resolution does not pass. (14) Subject to the Act, the regulations and these bylaws, the most recent edition of Sturgis Standard Code of Parliamentary Procedure governs the procedures at general meetings. Voting by proxy 37. (1) A registrant who is eligible to vote in an election under section 17 (3) of the Act or at a general meeting may, by proxy, appoint in writing another registrant as his or her proxy holder to vote in the election or attend and act at the general meeting in the manner, to the extent and with the power conferred by the proxy. (2) A proxy holder has the same rights as the registrant who appointed him or her to vote in the election or speak at the general meeting. (3) A proxy ceases to be valid following the election or general meeting specified in the proxy. (4) A proxy must contain the date it is executed, the name of the proxy holder, and - 19 -
the signature of the registrant who executed the proxy. (5) A proxy may be revoked by the registrant in writing. (6) A proxy must be received by the registrar at least twenty-four (24) hours prior to the date of the election or general meeting for which it is executed. (7) A registrant may hold a maximum of 2 proxies for any election or general meeting. (8) A proxy vote may be exercised in writing, if received by the board no less than 24 hours before the date of the election or general meeting for which it is written, and if it pertains to issues about which the registrant has been sent by the registrar the written information that is the subject of the vote. Notice to public representatives 38. Each notice or mailing provided to the general membership of the college must also be provided to each public representative serving on the board or a committee. - 20 -
PART 3 COLLEGE RECORDS Body responsible for administering FOIPPA 39. (1) The registrar is the head of the college for the purposes of the Freedom of Information and Protection of Privacy Act. (2) The registrar may authorize a person employed by the college or a person who has contracted to perform services for the college to perform any duty or exercise any function of the registrar that arises under the Freedom of Information and Protection of Privacy Act. (3) The board is responsible for ensuring that the registrar fulfils his or her duties under the Freedom of Information and Protection of Privacy Act. (4) The registrar must report annually to the board regarding the steps he or she has taken to fulfil his or her duties under the Freedom of Information and Protection of Privacy Act. Fees for information requests 40. Subject to section 75 of the Freedom of Information and Protection of Privacy Act, an applicant who requests access to a college record under section 5 of the Freedom of Information and Protection of Privacy Act must pay the fees specified in Schedule B. Protection of personal information 41. (1) The board must take all reasonable measures to ensure that the collection, use, and disclosure of personal information occurs in accordance with the Freedom of Information and Protection of Privacy Act. (2) The board must take reasonable measures to ensure that, if personal information is sent to any person or service organization for processing, storage or destruction, a contract is made with that person or organization which includes an undertaking by the person or organization that confidentiality will be maintained. Disclosure of annual report 42. The college must make each of its annual reports available for inspection by registrants and the public at the office of the college and electronically on the college website, - 21 -
notify each registrant when an annual report becomes available, and provide a copy of each annual report to any person on request. Disclosure of registration status 43. (1) Subject to subsection (2), if an inquiry about the registration status of a person is received by the board or the registrar, the registrar must disclose, in addition to the matters required by sections 22 and 22.1 of the Act, (d) whether or not the person is a registrant or a former registrant, whether or not the discipline committee has ever issued an order relating to the person under section 39 of the Act and the details of the order, whether or not the person has ever been the subject of an undertaking or a consent under section 36 of the Act or a deemed order under 37.1 of the Act, and, the details of any consent under section 36 of the Act or deemed order under 37.1 of the Act pertaining to a change in the person s registration status or a restriction on the practice of the profession by the registrant. (2) Except with the consent of the person affected, the board or the registrar must not release the names of complainants, patients, or their families or information which might otherwise enable a person inquiring about the status of a registrant to establish the identity of complainants, patients or their families. Manner of disposal of college records containing personal information 44. The board must ensure that a college record containing personal information is disposed of only by (d) effectively destroying a physical record by utilizing a shredder or by complete burning, erasing information recorded or stored by electronic methods on tapes, disks or cassettes in a manner that ensures that the information cannot be reconstructed, giving the record to the person to whom the information pertains, or returning the record to the registrant who compiled the information. - 22 -
PART 4 REGISTRATION Classes of registrants 45. The following classes of registrants are established: full; non-practising; temporary. Full registration 46. (1) For the purposes of section 20 (2) of the Act, the requirements for full registration are (d) graduation from a naturopathic medicine education program recognized by the board for the purpose of registration and specified in Schedule A, successful completion of the examination(s) required by the registration committee, evidence satisfactory to the registration committee of the good character of the person consistent with the responsibilities of a registrant and the standards expected of a registrant, including those in the Code of Ethics, and receipt by the registrar of (i) a signed application for full registration in Form 2, (ii) (iii) (iv) (v) the applicable application, examination or registration fee(s) specified in Schedule C, any other outstanding fine, fee, debt or levy owed to the college, an original certificate, notarized copy, or other evidence satisfactory to the registration committee of not less than three (3) years liberal arts or sciences study and evidence satisfactory to the registration committee that he or she is the person named therein, an original certificate, notarized copy, or other evidence satisfactory to the registration committee of graduation from a - 23 -
program referred to in paragraph, and evidence satisfactory to the registration committee that he or she is the person named therein, (vi) a statutory declaration in Form 3, and (vii) a signed criminal record check authorization in Form 4. (2) Despite subsection (1) and, an applicant may be granted full registration by the registration committee if the applicant is, or is eligible to be, registered in good standing with a regulatory body in another Canadian jurisdiction as, in the opinion of the board, the equivalent of a full registrant, and has provided notarized evidence, or other evidence satisfactory to the registration committee, of such registration or eligibility for registration, and evidence satisfactory to the registration committee that the applicant is the person named therein, has successfully completed any examination(s) and any upgrading program(s) required by the registration committee, and meets the requirements established in subsection (1) and (d) (i) to (iii), (vi) and (vii). (3) Despite subsection (1), an applicant may be granted full registration by the registration committee if the applicant has a combination of knowledge, skills and abilities which are, in the opinion of the registration committee, substantially equivalent to the requirement established in subsection (1), and has provided notarized evidence, or other evidence satisfactory to the registration committee, of such knowledge, skills and abilities, and evidence satisfactory to the registration committee that the applicant is the person named therein, has successfully completed the examination(s) and any upgrading program(s) required by the registration committee, and meets the requirements established in subsection (1) and (d) (i) to (iv), (vi) and (vii). Review on the record 47. (1) Sections 20.2 and 20.3 of the Act apply to the college. (2) An application for a review on the record under section 20.2 (1) of the Act must be delivered to the registrar. - 24 -
(3) If an applicant requests the board to hear oral or written evidence that is not part of the record, the applicant must, at the time of application under section 20.2 (1) of the Act, specify the evidence he or she requests the board to consider, and identify the special circumstances that warrant the board s consideration of that evidence. (4) The registrar must present the request to the board at the next board meeting after receipt of the application under section 20.2 (1) of the Act, or, if the application is received less than fourteen (14) days before the next board meeting is to be held, at the first board meeting following the next board meeting. (5) If the board decides under section 20.2 (4) of the Act to hear evidence that is not part of the record, the board must direct the registrar to make appropriate arrangements for the board to receive that evidence, and the registrar must make those arrangements. (6) The board may defer, for a reasonable period of time, consideration of an application under section 20.2 (1) of the Act to permit appropriate arrangements to be made for the board to receive evidence that is not part of the record, or for any other reason the board considers appropriate. (7) The board must provide to the applicant and the registration committee written reasons for its decision on an application under section 20.2 (1) of the Act. Non-practising registration 48. (1) A full registrant or former registrant may be granted non-practising registration by the registration committee if he or she has delivered to the registrar a signed application for non-practising registration in Form 5, (d) the applicable application or registration fee(s) specified in Schedule C, any other outstanding fine, fee, debt, or levy owed to the college, and a statutory declaration in Form 6 that he or she will not practise naturopathic medicine while registered under this section. (2) A non-practising registrant must not practise naturopathic medicine. (3) In subsection (1), former registrant includes a non-registrant who is a former member of the Association of Naturopathic Physicians of British Columbia. - 25 -
Lifetime membership 49. (1) The board may award lifetime membership to a full or non-practising registrant who, in the opinion of the board, has made a substantial contribution to the profession of naturopathic medicine. (2) Sections 56 (1) and 60 (1) (ii) do not apply to a registrant who is awarded lifetime membership but, for greater certainty, an award of lifetime membership does not otherwise affect the applicability of the Act, the regulation or these bylaws to the registrant. (3) The board may, at any time and for any reason, revoke an award of lifetime membership. (4) Unless revoked earlier by the board, an award of lifetime membership is revoked three (3) months after the registrant s registration is cancelled for any reason. Temporary registration 50. (1) Despite section 46 (2), an applicant under section 46 (2) may be granted temporary registration by the registration committee for a period of up to nine (9) months if the applicant (d) meets the requirements established in section 46 (2), has successfully completed any local knowledge or jurisprudence examination(s) required by the registration committee, has provided evidence satisfactory to the registration committee of the good character of the person consistent with the responsibilities of a registrant and the standards expected of a registrant, including those in the Code of Ethics, and has delivered to the registrar (i) a signed application for temporary registration in Form 7, (ii) (iii) (iv) the applicable application, examination or registration fee(s) specified in Schedule C, any other outstanding fine, fee, debt or levy owed to the college, a statutory declaration in Form 3, and (v) a signed criminal record check authorization in Form 4. - 26 -
(2) The registration committee may renew the registration of a temporary registrant for periods of up to three (3) months, provided the total period of the temporary registration does not exceed twelve (12) months. (3) A temporary registrant may practise naturopathic medicine as if he or she were a full registrant, subject to any terms, limits or conditions imposed by the registration committee on the practice of temporary registrants as a class. (4) Full registration may be granted by the registration committee to a temporary registrant who meets the requirements established in section 46 (2). Certificate of registration 51. (1) The registrar must issue a certificate in Form 8 to any person who is granted full or temporary registration. (2) Subject to section 50, a certificate of registration or any renewal of such certificate is valid until not later than the following December 31 st. (3) A registrant s certificate of registration must be displayed in a conspicuous location at the registrant s place of practice. Limits and conditions on use of titles and terms 52. (1) A full or temporary registrant must not use the term registered or licensed except in conjunction with a title reserved for use by registrants under section 3 of the regulation, or use any term other than registered or licensed in conjunction with a title reserved for use by registrants under section 3 of the regulation. (2) A registrant must not use the term certified in association with his or her practise of naturopathic medicine except in relation to an aspect of practice described in section 53 (1), and unless a notation of certification in that aspect of practice is entered into the register in relation to the registrant s name under section 53 (2). (3) A registrant must not use the term specializing in or specialist in association with his or her practise of naturopathic medicine except in relation to a specialty specified in column 1 of Schedule D, and - 27 -