ACTS OF 2007
รวมเกมส์ 1 This Act may be cited as the Dental Hygienists Act. 2007, c. 29, s. 1.
(a) "accredited dental hygiene program" means either a diploma, baccalaureate or masters-level dental-hygiene program that, at the date of graduation by an applicant for registration, had been accredited by the Commission on Dental Accreditation of Canada or the Commission on Dental Accreditation of the American Dental Association;
(c) "caution", in the context of the powers of the Investigation Committee, is not a disciplinary finding, and means a determination that a member has breached the standards of professional ethics or practice expected of members in circumstances that do not constitute professional misconduct, conduct unbecoming the profession or incompetence;
(f) "complaint" means any complaint, report or allegation, in writing and signed by a person, regarding the conduct, actions, competence, character, fitness, health or ability of a member, former member, professional corporation or the employees thereof, or any similar complaint, report or allegation initiated by the Registrar or referred pursuant to Section 39;
(i) "counsel", in the context of the powers of the Investigation Committee, is not a disciplinary finding, and means a determination that a member could benefit from professional guidance from the College with regard to the subject-matter of the complaint in circumstances that do not constitute professional misconduct, conduct unbecoming the profession or incompetence;
(k) "Credentials Committee" means the committee appointed by Council that deals with the registration and licensing of members, applicants for registration and such other matters as provided by the regulations;
(s) "incapacity" means the status whereby a member, at the time of the subject-matter of a complaint suffered from a medical, physical, mental or emotional condition, disorder or addiction that rendered the member unable to practise with reasonable skill or judgement or that may have endangered the health or safety of clients;
(t) "incompetence" means a display of lack of knowledge, skill or judgement in the member's care of a client or the delivery of dental hygiene services that, having regard to all of the circumstances, rendered the member unsafe to practise at the time of such care of the client or delivery of services or that render the member unsafe to continue in practice without remedial assistance;
(ah) "professional misconduct" includes such conduct or acts relevant to the practice of dental hygiene that, having regard to all of the circumstances would reasonably be regarded as disgraceful, dishonourable or unprofessional and, without limiting the generality of the foregoing, includes
3 The words "dental hygienist" or any like words or expressions implying a person recognized by law as a dental hygienist in the Province, when used in any regulation, rule, order or by-law made pursuant to an Act of the Legislature enacted or made before, at or after the coming into force of this Act, or when used in any public document, includes a person registered in the Register who holds a licence. 2007, c. 29, s. 3.
4 The College of Dental Hygienists of Nova Scotia is incorporated as a body corporate, is composed of its members and, subject to this Act, has the capacity and powers of a natural person. 2007, c. 29, s. 4.
(4) In addition to any other power conferred by this or any other Act, the College may do such things as it considers appropriate to advance the objects of the College and, without limiting the generality of the foregoing, may
(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 as may be deemed expedient;
(i) secure the repayment of money borrowed, in such manner and upon 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; and
(c) fixing the time and place for regular meetings of the Council, determining by whom meetings may be called, regulating the conduct of meetings, providing for emergency meetings and regulating the notice required in respect of meetings;
(j) respecting the books, records and accounts to be kept by members and professional corporations with respect to their practice, and providing for the production, inspection and examination of such books, records and accounts;
(a) respecting registration and licensing, including the establishment of different classes of applicants and members and respecting the rights, privileges, qualifications and obligations of the persons in those classes and respecting the conditions for the entry and maintenance of such person's names in those classes;
(c) respecting the evaluation of, and licensing requirements of, members and applicants for registration who have not practised dental hygiene for such minimum period of time as specified by regulation;
(d) respecting a quality assurance program, including requirements for members to participate in any such program, and including continuing education requirements or practice-hour requirements of members for registration or licensing;
(h) prescribing requirements for the practice of dental hygiene, which requirements may include the educational and experiential qualifications that must be obtained in order for a member to engage in the scaling of teeth and root planing, including curetting of surrounding tissue, on the member's own initiative;
(j) providing that the licence of a member be suspended, without notice or investigation, upon contravention of any regulation or provision of this Act that requires the member to pay a fee, file a document or do any other specified act, and providing for the re-instatement of a licence so suspended;
(l) providing that the permit of a professional corporation is suspended without notice or investigation, upon contravention of any regulation that requires the corporation to pay a fee or assessment, file a document or do any other specified act, and providing for the re-instatement of a permit so suspended;
(m) providing for the re-instatement or re-issuance of any licence or permit suspended or revoked pursuant to this Act, and establishing the terms and conditions upon which re-instatement or re-issuance of a licence or permit may be granted;
(6) A certificate purporting to be signed by the Registrar, stating that a certain regulation of the College was, on a specified day or during a specified period, a duly enacted regulation of the College, in full force and effect, constitutes prima facie evidence in any court of that fact, without proof that the person who signed it is the Registrar or that it is the Registrar's signature.
(7) No regulation pursuant to clause (4)(e), (f), (g) or (h) shall be forwarded for consideration to the Governor in Council, unless the College has first consulted with the Provincial Dental Board and the Nova Scotia Dental Association, and has provided the feedback from such consultation to the Governor in Council.
(8) A member of the Council, or of a committee of the Council or the College, may participate in any meeting of the Council, or committee of the Council or the College, with the exception of the Hearing Committee when it is conducting a hearing, as the case may be, by telephone or other communications facilities that permit all persons participating in a meeting to communicate with each other, and a member participating in a meeting by such means is deemed to be present at the meeting.
(9) A meeting of the Council or of a committee of the Council, with the exception of the Hearing Committee when it is conducting a hearing or of the College, may be held by conference telephone call or other communications facilities that permit all persons participating in the meeting to communicate with each other, and all members participating in the meeting by such means are deemed to have been present at the meeting.
(10) Where ten per cent or more of the membership of the College request in writing, whether by petition or otherwise, that a special general meeting be held, the Council shall hold such meeting within fifteen working days of determining that ten per cent or more of the members have requested such a meeting. 2007, c. 29, s. 7.
(3) Notwithstanding subsection (2), the terms of office of members of the Council upon the first election or appointment of members of the Council following the coming into force of this Act must be staggered as follows:
(4) Notwithstanding subsections (2) and (3), persons appointed by the Governor in Council hold office until such time as they are re-appointed, or until their successors are appointed, even if such appointment or re-appointment does not occur until after their specified term of office has expired.
(5) Notwithstanding subsection (1), on the coming into force of this Act, the persons who serve on the Board of Directors of the Nova Scotia Dental Hygienists' Association constitute the Council, until the election or appointment of members pursuant to subsection (3).
(6) Upon the coming into force of this Act, all assets and liabilities of the Nova Scotia Dental Hygienists' Association are transferred to the College and the Nova Scotia Dental Hygienists' Association is dissolved.
(9) Notwithstanding subsection (8), for the purpose of the first election under this Act, persons who are licensed dental hygienists in good standing under the Dental Act immediately before the coming into force of this Act are eligible to be nominated as and vote for a candidate for membership on the Council. 2007, c. 29, s. 8.
(3) Where an election is held pursuant to subsection (1) to fill a vacant Council position, the term of office for the vacant Council position is the remainder of the unexpired term of such position. 2007, c. 29, s. 10.
(4) The Council shall appoint a Registrar, who holds office during the pleasure of the Council, at such salary or other remuneration, and upon such terms and conditions of employment, as the Council determines.
(6) The Council may appoint such other officers, agents or employees, upon such terms and conditions as the Council considers appropriate, to assist in the carrying out of the duties pursuant to this Act. 2007, c. 29, s. 12.
(3) The name of every person who, at the coming into force of this Act, is a registered dental hygienist pursuant to the Dental Act, must be entered in the Register, but must continue under any stipulations or limitations attached to the person's previous registration. 2007, c. 29, s. 14.
16 (1) Where the Registrar is not satisfied with the evidence presented by a person applying for registration, the Registrar may or, where the applicant so requests in writing, shall refer the matter to the Credentials Committee.
(2) Upon a referral pursuant to subsection (1), the Credentials Committee, following consultation with the Registrar, shall consider the eligibility of the applicant and may make such inquiries or demand such further information as the Committee sees fit, and the Committee shall consider the application in accordance with this Act.
(4) Where the Credentials Committee considers a matter pursuant to subsection (1), the Committee may determine that the application for registration be approved, or determine that the application for registration be refused.
17 (1) The Registrar shall issue a practising licence to every person who, immediately before the coming into force of this Act, is a registered dental hygienist pursuant to the Dental Act and is in possession of a valid annual licence.
(4) Where the Registrar is not satisfied with the evidence presented by a person applying for a licence or the renewal of a licence, the Registrar may or, where the applicant so requests in writing, shall refer the matter to the Credentials Committee.
(5) Upon a referral pursuant to subsection (4), the Credentials Committee, following consultation with the Registrar, shall consider the eligibility of the applicant and may make such inquiries or demand such further information as the Committee sees fit, and the Committee shall consider the application in accordance with this Act.
(7) Where the Credentials Committee considers a matter pursuant to subsection (5), and where the Credentials Committee refuses the licence of the applicant, the applicant may request the opportunity to appear before the next scheduled meeting of the Council, with or without legal counsel, at which meeting the Council shall consider the application in accordance with this Act.
(a) a person is temporarily unable to provide written confirmation of a requirement for registration or licensing but such confirmation will be available within a reasonable period of time in the opinion of the Registrar, and the Registrar is able to verify the information through some other acceptable means;
(b) any conditions or restrictions on a person's licence imposed pursuant to this Act, if the Registrar determines it is in the public interest to have such conditions or restrictions available to the public; and
(2) Where a member ceases to be a member for any reason or a person ceases to be registered or licensed for any reason, such person remains subject to the jurisdiction of the College in respect of any disciplinary matter arising out of the person's conduct while a member or while registered. 2007, c. 29, s. 21.
22 (1) The practice of dental hygiene means the application of professional dental hygiene knowledge for the purpose of providing therapeutic, preventative and maintenance services and programs for the promotion of optimal oral health and, without limiting the generality of the foregoing,
(a) includes assessment for dental hygiene services, the planning of dental hygiene interventions to prevent oral disease and the evaluation of the progress and results of dental hygiene interventions and services, oral health practices and behaviours;
(2) Where appropriate in the practice of dental hygiene, a dental hygienist collaborates with other health professionals for the provision of oral health services, health education and health promotion in order to integrate preventive oral health care into general preventative care.
23 (1) A dental hygienist may engage in the practice of dental hygiene subject to the conditions, limitations or restrictions imposed on the member's licence and in accordance with the regulations, and may perform the practice of dental hygiene
(b) on the member's own initiative if the practice does involve the scaling of teeth and root planing, including curetting of surrounding tissue, if none of the contra-indications prescribed in the regulations to performing the procedure are present and if the member ceases the procedure when any of the prescribed contra-indications to continuing the procedure are present; or
(2) No person shall take or use the designation "dental hygienist", "registered dental hygienist", "D.H.", "R.D.H.", or any derivation or any abbreviation thereof, in the Province, either alone or in combination with other words, letters or description to infer that the person is entitled to practise as a dental hygienist, unless the person is entitled to engage in the practice of dental hygiene pursuant to clause (1)(e) or (h).
(3) No person, except a licensed dentist or dental corporation pursuant to the Dental Act or a person or professional corporation authorized to engage in the practice of dental hygiene pursuant to this Act, is entitled to receive a fee, reward, payment or remuneration of any kind for services rendered to any person, as would constitute the practice of dental hygiene. 2007, c. 29, s. 24.
26 (1) A member of the College who holds a licence, or who is applying for a licence with the College, shall immediately advise the Registrar in the event that such person ceases to be a member in good standing of another jurisdiction in which the person is practising, or has been subjected to any restriction on a licence in another jurisdiction or has been found guilty of any disciplinary matter in another jurisdiction.
27 A person who knowingly furnishes false information in an application pursuant to this Act, or in any statement or return required to be furnished pursuant to this Act or the regulations, is guilty of an offence. 2007, c. 29, s. 27.
28 (1) In a prosecution for an offence contrary to this Act or the regulations, the onus of proof that a person accused of an offence has the right to practise dental hygiene, or that a person comes within any of the exemptions provided by this Act, is on the person accused.
(2) Where a violation of this Act or the regulations by a person who does not have the right to practise dental hygiene continues for more than one day, the offender is guilty of a separate offence for each day that the violation continues.
(3) For the purpose of this Act, proof of the performance of one act in the practice of dental hygiene on one occasion is sufficient to establish that a person has engaged in the practice of dental hygiene. 2007, c. 29, s. 28.
29 (1) A person who violates this Act or the regulations is guilty of an offence and liable on summary conviction to a fine of not more than two thousand dollars or to imprisonment for a term of not more than six months, or to both.
(a) where the member is in an employment relationship with a dentist or dental corporation, the employer is deemed to own the client records unless otherwise varied by agreement between the parties; and
(b) where the member is in a contractual relationship with a dentist or dental corporation to provide dental hygiene services to clients of the dentist or dental corporation, the client records of those clients of the dentist or dental corporation are owned by the dentist or dental corporation unless otherwise varied by agreement between the parties.
(b) distribute copies of the client records, as may be appropriate, to the dentists or dental hygienists of the clients concerned, and to the duly appointed representatives of the clients, or the clients themselves, subject to such fees as the Court may direct or the regulations may prescribe.
(c) where there are reasonable grounds to believe that any client records may be found in any premises, safety deposit box or other receptacle, direct the sheriff to enter the premises or open the safety deposit box or other receptacle;
(d) direct the owner of any premises, or person in possession of any premises, or any bank or other depository of client records to deal with, hold, deliver or dispose of such client records as the Court directs;
(5) Unless the Court otherwise directs, it is sufficient for the custodian to give notice to clients, dental hygienists or the general public that the custodian has possession of the client records of a member.
(6) Subject to any order of the Court or where one year has passed from the date of the Court order appointing the custodian, whichever is earlier, the custodian shall report to the Council, which may discharge the custodian or make any order it deems appropriate regarding any client records remaining in the hands of the custodian, and the custodian's compliance with the order of the Council discharges the custodian in respect of those client records affected.
(7) Unless otherwise ordered pursuant to subsection (6), upon discharge of a custodian pursuant to subsections (6) or (9), the College may take into permanent custody client records and assume the responsibilities of a custodian as provided in subsection (3).
(9) The Court may, upon the application of the College, made either ex parte or on such notice as the Court directs, remove a custodian from office and, where the Court deems it expedient, appoint another custodian in the custodian's place, and may include in such order such further directions as are required in the circumstances.
(10) A member in respect of whom an order has been made pursuant to this Section may, after giving notice to the College and to the custodian, apply to the Court to vary or set aside an order made pursuant to this Section and to direct the custodian to place all or part of the client records back into the possession of the member, upon such terms as may be just.
(12) No action for damages lies against the College, the Council or any committee, member, officer or employee of the College for anything done or omitted to be done in good faith pursuant to this Section, or against a custodian or any other person acting in good faith pursuant to this Section or an order issued pursuant to this Section.
31 (1) Where a member whose licence to practise has been suspended, restricted or revoked pursuant to this Act or the regulations, does or attempts to do anything contrary to this Act or the regulations or contrary to the imposed restrictions, the doing of such thing may be restrained by an injunction of the Court at the instance of the Council.
(2) Where a person, other than a member, does or attempts to do anything contrary to this Act, the doing of such thing may be restrained by an injunction of the Court at the instance of the Council. 2007, c. 29, s. 31.
33 The College or a discipline committee may employ, at the expense of the College, such legal or other assistance as it considers necessary for the purpose of carrying out its functions pursuant to this Act or the regulations. 2007, c. 29, s. 33.
34 Every person involved in the administration of this Act, and any member of the Council, or a committee of the Council or the College, shall maintain confidentiality with respect to all health information that comes to that person's knowledge regarding clients, except
35 A person or the Investigation Committee investigating a disciplinary matter concerning a member may investigate any other disciplinary matter concerning the member that arises in the course of the investigation. 2007, c. 29, s. 35.
(2) Notwithstanding anything contained in this Act, where a person has pleaded guilty to, been convicted or found to be guilty by a court in or out of Canada, of any offence that is inconsistent with the proper professional behavior of a dental hygienist, including a conviction under the Criminal Code (Canada) or the Controlled Drug and Substances Act (Canada) for which a pardon has not been granted, a discipline committee may, by such notice as it prescribes, require the member to attend a hearing to establish why the member should not be subject to disciplinary action.
(3) For the purpose of subsection (2), a certificate of conviction of a member is conclusive evidence that a person has committed the offence stated therein, unless it is shown by the member that the conviction has been quashed or set aside.
(4) When a discipline committee is conducting a hearing pursuant to this Section, it may, if it deems proper, take any of the actions contemplated by clause 60(2)(b) or subsection 60(4). 2007, c. 29, s. 36.
(4) Whenever for any reason neither the Chair nor the Vice-chair are available for a meeting, the Council may, for the purpose of such meeting, appoint a member of the Investigation Committee as Chair of the Committee.
(5) The Chair of the Investigation Committee shall appoint a panel of three persons from the Committee, one of whom is a lay representative, to act as the Investigation Committee for a particular complaint.
(9) Failure of one or more Investigation Committee members to receive any notice of a meeting does not invalidate the proceedings at the meeting, and nothing precludes the members from waiving notice of meetings.
(11) Where a proceeding has commenced before the Investigation Committee and the term of office of any person sitting on the Committee has expired, such person may remain part of the Committee until the proceeding has concluded. 2007, c. 29, s. 37.
(3) Where the Investigation Committee has, pursuant to subsection (1)(a), (b) or (c), required a member to submit to physical or mental examinations or submit to inspection or audit of the practice by a qualified person designated by the Committee, the Committee shall deliver to the member any report it receives from the designated qualified person.
(b) require the member, or any other member of the College who may have information relevant to the investigation, to attend before the Committee, or the person conducting the investigation, to be interviewed;
(2) In the event the complaint is not resolved pursuant to subsection (1), the Investigation Committee shall allow the complainant, the member or other persons as determined by the Committee, a reasonable opportunity to appear before the Committee and to submit representations or explanations, and then may
(3) When making findings pursuant to subsections (1) or (2), the Investigation Committee may make any combination of the dispositions that are set out in those subsections, or the Committee may make such other dispositions as it considers appropriate, in accordance with the objects of this Act.
(5) The Investigation Committee retains jurisdiction over a matter until the commencement of a hearing by the Hearing Committee or the resolution of the matter through a settlement agreement. 2007, c. 29, s. 43.
(3) Subject to a determination pursuant to subsection (5), a decision pursuant to subsection (1) continues in force until final resolution by a discipline committee, which must occur without undue delay.
45 Notwithstanding anything contained in this Act, where a decision is made pursuant to Section 44(1), subject to any disposition made pursuant to Section 44(5), the Hearing Committee shall be appointed pursuant to Section 48(1) to proceed with a hearing to determine whether the member is guilty of charges relating to a disciplinary matter. 2007, c. 29, s. 45.
46 Notwithstanding that a member or members of the Investigation Committee or the Hearing Committee have ceased to hold office by reason of the lapse of their appointments, such member or members are seized with the jurisdiction to complete any matter the committees have commenced and, for this purpose, such member or members continue to have the same powers, privileges, immunities and duties as are provided by this Act and the regulations. 2007, c. 29, s. 46.
47 (1) After the Investigation Committee refers a matter to the Hearing Committee, the member complained of may, at any time prior to the commencement of the hearing, tender to the Investigation Committee a proposed settlement agreement, in writing, consented to by legal counsel for the College, that includes an admission of a disciplinary matter or violations, and the member's consent to a specified disposition, conditional upon the acceptance of the agreement by the Hearing Committee.
(3) Where the Investigation Committee recommends the acceptance of the proposed settlement agreement, it shall instruct legal counsel for the College to advise the Hearing Committee hearing the complaint of its recommendation.
(5) Where the Hearing Committee appointed to hear the complaint accepts the recommendation of the Investigation Committee, it shall confirm such acceptance by written decision that incorporates the settlement agreement.
(c) a new Hearing Committee shall be appointed to hear the complaint and no member of the hearing or Investigation Committee that considered the proposed settlement agreement may be a member of the new Hearing Committee; and
(4) Whenever for any reason neither the Chair nor the Vice-chair are available for a meeting or hearing, the Council may, for purposes of such meeting or hearing, appoint a member of the Hearing Committee as chair of the Committee.
(5) The Chair of the Hearing Committee shall appoint a panel of five persons from the Committee, at least one of whom is a lay representative, to act as the Hearing Committee for purposes of the discipline process.
(8) Any three persons from the panel appointed pursuant to subsection (5) constitutes a quorum of the Hearing Committee, as long as at least two of those persons are members and not lay representatives.
(10) Failure of one or more Hearing Committee members to receive any notice of a meeting does not invalidate the proceedings at the meeting, and nothing precludes Committee members from waiving notice of meetings.
(11) All Hearing Committee decisions require the vote of a majority of the panel of the Committee appointed pursuant to subsection (5), or the quorum of such panel in the event the full panel is not sitting.
(12) Where a proceeding is commenced before the Hearing Committee and the term of office of any person sitting on the Committee has expired, such person may remain part of the Committee until the proceeding is concluded. 2007, c. 29, s. 48.
50 In a matter over which the Hearing Committee has jurisdiction, the Committee and each member of the Committee has all the powers, privileges and immunities of a Commissioner appointed pursuant to the Public Inquiries Act. 2007, c. 29, s. 50.
the Registrar may sign and issue a subpoena to a witness, for the purpose of procuring the attendance and evidence of such witness before the Committee and, in the event the Registrar refuses to sign and issue the subpoena, the person requesting the subpoena may appear before the Committee to determine whether the subpoena should be issued. 2007, c. 29, s. 51.
52 It is the duty of the member who is charged in a disciplinary matter to appear and participate at the hearing, but in the event of non-attendance by such member, the Hearing Committee, upon proof by affidavit, statutory declaration or other evidence acceptable to the Committee of service of the notice, may proceed with the hearing and, without further notice to such member, render its decision and take such other action as it is authorized to take pursuant to this Act. 2007, c. 29, s. 52.
53 (1) Unless the member has agreed to a shorter notice period, a notice of hearing must be served upon the member whose disciplinary matter is being heard at least thirty days before the holding of the hearing.
(2) Notwithstanding subsection (1), the Hearing Committee may, in its discretion, allow the introduction of evidence that would be otherwise inadmissible under subsection (1), and may make directions it considers necessary to ensure that a party is not unduly prejudiced by failure to disclose in a timely manner. 2007, c. 29, s. 54.
55 No member of the Hearing Committee holding a hearing shall communicate outside the hearing in relation to the subject-matter of the hearing with a party or the party's representative, unless the other party has been given notice of the subject-matter of the communication and an opportunity to be present during the communication, except for communications that have as their sole purpose administrative arrangements. 2007, c. 29, s. 55.
(a) financial or personal or other matters may be disclosed at the hearing of such a nature that the desirability of avoiding public disclosure of those matters in the interest of any person affected, or in the public interest, outweighs the desirability of adhering to the principle that hearings be open to the public; or
(3) Where it reasonably deems necessary, the Hearing Committee may make orders to prevent the public disclosure of matters disclosed at a hearing, including orders prohibiting publication or broadcasting of those matters.
(6) The Hearing Committee may make any order necessary to prevent the public disclosure of matters disclosed in the motion described in subsection (5), including prohibiting the publication or broadcasting of those matters.
58 The Hearing Committee shall, on the request of a witness, other than the member complained of, whose testimony relates to allegations of misconduct of a sexual nature by a member, make an order that no person shall publish the identity of the witness or any information that could disclose the identity of the witness. 2007, c. 29, s. 58.
(2) Where a transcript of a part of a hearing that is the subject of an order for a closed hearing or an order prohibiting publication is filed with the Court in respect of proceedings, only the Court, the parties to the proceedings and the complainant may examine it unless the Court or the Hearing Committee orders otherwise. 2007, c. 29, s. 59 .
60 (1) At a hearing of the Hearing Committee, a member is entitled to all the rights of natural justice and procedural fairness, including the right to be represented by legal counsel, to know all the evidence considered by the Committee, to present evidence and to cross-examine witnesses.
(3) Where the Hearing Committee has, pursuant to subclause (2)(b)(i), (ii) or (iii), required a member to submit to physical or mental examinations or submit to inspection or audit of the practice by a qualified person designated by the Committee, the Committee shall deliver to the member any report it receives from the designated qualified person.
(v) the member pay such fine as the Committee considers appropriate, to a maximum of fifteen thousand dollars, to be paid towards such charitable purpose related to public oral health care as is determined by the Committee;
(5) When making dispositions pursuant to clause (4)(a), the Hearing Committee may impose one or more of the penalties that are set out in that clause, or the Committee may make such other dispositions as it considers appropriate, in accordance with the objects of this Act.
(7) The Registrar shall provide the member, the complainant and such other persons as the Registrar considers appropriate with a copy of the decision of the Hearing Committee except that, where there are references identifying clients or other persons other than the complainant, those references as well as other personal information about those persons may be deleted if, in the Hearing Committee's opinion, it is reasonably appropriate.
(9) The Hearing Committee shall release documents and things put into evidence at a hearing to the person who produced them, on request, within a reasonable time after the matter in issue has been finally determined. 2007, c. 29, s. 60.
(b) "legal proceeding" means any civil proceeding, discovery, inquiry, proceeding before a tribunal, board or commission or arbitration, in which evidence may be given, and includes an action or proceeding for the imposition of punishment by fine, penalty or imprisonment for the violation of a Provincial enactment, but does not include any proceeding or hearing conducted pursuant to this Act or the regulations.
(2) A witness in any legal proceeding, whether a party to the proceeding or not, is excused from answering any question as to any proceedings of the Investigation Committee or the Hearing Committee, and is excused from producing any report, statement, memorandum, recommendation, document or information prepared for the purpose of the investigative, disciplinary and hearing processes of the College, including any information gathered in the course of an investigation or produced for the Investigation Committee, the Hearing Committee or staff members of the College.
(4) Unless otherwise determined by a court of competent jurisdiction, a decision of the Investigation Committee or the Hearing Committee is not admissible in a civil proceeding other than in an appeal or a review pursuant to this Act. 2008, c. 3, s. 4.
(3) Where a member is ordered to pay costs pursuant to subsection (1), the Hearing Committee may make it a condition of the registration or licence of the member that such costs be paid forthwith, or at such time and on such terms as the Committee determines. 2007, c. 29, s. 61.
(3) The record on appeal from the findings of the Hearing Committee consists of a copy of the transcript of the proceedings, the decision of the committee and the evidence before the Committee, certified by the Chair of the Committee.
(4) The Civil Procedure Rules governing appeals from the Supreme Court of Nova Scotia to the Nova Scotia Court of Appeal, that are not inconsistent with this Act, apply mutatis mutandis to appeals to the Nova Scotia Court of Appeal pursuant to this Section.
(5) Where a matter is appealed to the Nova Scotia Court of Appeal pursuant to this Section, either the Hearing Committee or the Court of Appeal has jurisdiction to, pending a decision by the Court of Appeal, grant a stay of any order made pursuant to this Act if, in its discretion, it deems it fit. 2007, c. 29, s. 62.
64 A certificate purporting to be signed by the Registrar stating that any person named in the certificate was or was not, on a specified day or during a specified period, registered and licensed, is prima facie evidence in any court of that fact without proof that the person signing it is the Registrar or of the Registrar's signature. 2007, c. 29, s. 64.
65 The presence of the name of any person in a document purporting for any year to be an annual list published by the Registrar is prima facie evidence in any court of the fact that a person whose name so appears is or was registered and licensed at the time of publication of such annual list. 2007, c. 29, s. 65.
67 Where service is made by registered letter, service is deemed to be made five business days after the notice, order, resolution or other document is posted, and proof that the notice, order, resolution or other document was addressed and posted in accordance with Section 66 is proof of service upon receipt of proof of delivery. 2007, c. 29, s. 67.
69 (1) No action for damages lies against the College, the Council, the Registrar, an officer, agent or employee of the College or Council, a member of a committee or sub-committee of the College or the Council, or a member of the College
(a) for any act or failure to act, or any proceeding initiated or taken, in good faith under this Act, or in carrying out their duties or obligations as an officer, agent, employee or member under this Act; or
(3) Without limiting the generality of subsection (2), no action for damages lies against a member or other person for disclosing any books, records, papers and other documents in their possession or control when done pursuant to this Act.
(4) No member of the College, or any officer, agent or employee of the College is personally liable for any of the debts or liabilities of the College unless such person expressly agrees to be so liable. 2007, c. 29, s. 69.
70 Subject to this Act and the regulations, a professional corporation may engage in the practice of dental hygiene and dental hygienists may be employed by a professional corporation for the purpose of engaging in the practice of dental hygiene. 2007, c. 29, s. 70
71 (1) A majority of the issued voting shares of a professional corporation, which shares represent a majority of the voting control of the corporation, must be legally and beneficially owned by one or more dental hygienists who hold a current licence.
(a) all of the issued voting shares are legally and beneficially owned by one or more members who each hold a licence to practise, or by a trust of which all of the trustees and beneficiaries each hold a licence to practise; and
73 A professional corporation shall not engage in the practice of dental hygiene unless the professional corporation is issued a permit under this Act and is in compliance with this Act and the regulations. 2007, c. 29, s. 73.
(c) satisfies the Registrar that it is a professional corporation limited by shares that is in good standing with the Registrar of Joint Stock Companies under the Companies Act and the Corporations Registration Act and that it is a private company as defined by the Securities Act;
(5) The Registrar may renew a permit upon the application and payment of such fee as may be required by the regulations if the Registrar determines that the requirements of subsection (3) are satisfied by the professional corporation.
(6) A permit issued pursuant to subsection (3), or renewed pursuant to subsection (5), may be suspended or revoked at any time by the Registrar if a professional corporation fails to satisfy any of the requirements prescribed in subsection (3).
(8) For the purpose of this Act, the practice of dental hygiene must not be carried on by or be deemed to be carried on by clerks, secretaries and other persons employed by the professional corporation to perform services that are not usually and ordinarily considered by law, custom and practice to be services that may be performed only by a dental hygienist. 2007, c. 29, s. 74.
75 (1) Where a professional corporation practises dental hygiene only through the services of one dental hygienist and that dental hygienist dies, retires, becomes incompetent or is no longer licensed under this Act, or is suspended under this Act, the permit of such professional corporation is deemed to be immediately revoked and such professional corporation shall cease to practise dental hygiene.
(2) Where a professional corporation practises dental hygiene through the services of more than one dental hygienist and such professional corporation ceases to fulfil any requirement prescribed in subsection 74(3) by reason of
such professional corporation shall forthwith notify the Registrar and shall fulfil the requirements in question within one hundred and twenty days from the date of death, incompetency, revocation, retirement or other removal or the suspension, as the case may be, of the dental hygienist, failing which the permit is deemed to be revoked and such professional corporation shall cease to practise dental hygiene effective upon the expiration of the one hundred and twenty-day period.
(3) Where the permit of a professional corporation is deemed to be revoked under this Section and thereafter the professional corporation is able to demonstrate that it is in compliance with subsection 74(3), the professional corporation may apply to the Registrar to have its permit re-instated and the Registrar may, in the Registrar's discretion, re-instate the permit subject to such conditions as the Registrar may direct. 2007, c. 29, s. 75.
76 Where the shares of a professional corporation engaged in the practice of dental hygiene are transferred or where there is a change in the shareholders, directors or officers of the professional corporation, or any change in the location where the professional corporation carries on business, the professional corporation shall, within fifteen calendar days, notify the Registrar of such change. 2007, c. 29, s. 76.
77 The relationship of a dental hygienist to a professional corporation whether as a shareholder, director, officer or employee, does not affect, modify or diminish the application of this Act and the regulations to the dental hygienist. 2007, c. 29, s. 77.
78 (1) All persons who carry on the practice of dental hygiene by, through or on behalf of a professional corporation are liable in respect of acts or omissions done or omitted to be done by them in the course of the practice of dental hygiene to the same extent and in the same manner as if such practice were carried on by them as an individual or a partnership, as the case may be, carrying on the practice of dental hygiene.
(2) No owner of voting shares of a professional corporation shall pledge, hypothecate, enter into a voting trust, proxy or any other type of agreement vesting in any other person who is not a dental hygienist the authority to exercise the voting rights attached to any or all of the owner's shares. 2007, c. 29, s. 78.
(2) The relationship between a professional corporation and a client of the professional corporation is subject to all applicable laws relating to the confidential and ethical relationships between a dental hygienist and a client.
(3) All rights and obligations pertaining to communications made to or information received by a dental hygienist apply to the shareholders, directors, officers and employees of a professional corporation. 2007, c. 29, s. 79.
81 A certificate purporting to be signed by the Registrar stating that a named professional corporation was or was not, on a specified day or during a specified period, a professional corporation entitled to practise dental hygiene according to the records of the Registrar, is admissible in evidence as prima facie proof of the facts stated therein without proof of the Registrar's appointment or signature. 2007, c. 29, s. 81.
82 Where a professional corporation commits an offence contrary to this Act or the regulations, every person who, at the time of the commission of the offence, was a director or officer of the corporation is guilty of the same offence and subject to the same penalties unless the act or omission constituting the offence took place without the person's knowledge or consent or the person exercised all due diligence to prevent the commission of the offence. 2007, c. 29, s. 82.
83 (1) Every person who contravenes Sections 71 to 82 or the associated regulations is guilty of an offence and liable on summary conviction for a first offence to a fine not exceeding five hundred dollars and for a second or any subsequent offence to a fine not exceeding one thousand dollars.
(2) Where a professional corporation is convicted of an offence contrary to Sections 71 to 82 or the associated regulations, the permit of the corporation is suspended in default of paying any fine ordered to be paid until such time as the fine is paid.
85 (1) Subject to Section 86, a complaint made against a dental hygienist pursuant to the Dental Act prior to the coming into force of this Act must continue to be processed in accordance with this Act as nearly as circumstances permit.
(2) Nothing in subsection (1) precludes a complaint made pursuant to the Dental Act being investigated by the Investigation Committee appointed pursuant to this Act and, in such case, a discipline committee appointed pursuant to the Dental Act ceases to have any jurisdiction respecting that complaint. 2007, c. 29, s. 85.
86 (1) Upon the coming into force of this Act, any matter pending before a discipline committee appointed pursuant to the Dental Act must, where not set down for a hearing to commence within sixty days of the coming into force of this Act, be transferred to a discipline committee appointed pursuant to this Act for hearing and determination, but otherwise must be heard and determined by a discipline committee appointed pursuant to the Dental Act.
(3) A discipline committee appointed pursuant to the Dental Act is continued until all matters pending before it at the coming into force of this Act, and not transferred to a discipline committee appointed pursuant to this Act, have been finally decided. 2007, c. 29, s. 86.
87 Every member engaged in the practice of dental hygiene shall practise in accordance with this Act, the regulations, the by-laws and the standards of practice and the code of ethics approved pursuant to the by-laws. 2007, c. 29, s. 87.
89 Nothing in this Act prevents a dental assistant licensed pursuant to the Dental Act from engaging in the practice of a dental assistant prescribed in the regulations made pursuant to the Dental Act. 2007, c. 29, s. 89.