CNLR 1129/96 - Psychology Regulations under the Psychologists Act

CONSOLIDATED NEWFOUNDLAND AND LABRADOR REGULATION 1129/96 Psychology Regulations under the Psychologists Act (O.C. 96-941) Amended by: 8/99 CONSOLIDATED NEWFOUNDLAND AND LABRADOR REGULATION 1129/96 Psychology Regulations under the Psychologists Act (O.C. 96-941) Under the authority of section 17 of the Psychologists Act and the Subordinate Legislation Revision and Consolidation Act , the Lieutenant?Governor in Council makes the following regulations. REGULATIONS Analysis 1. Short title 2. Definitions PART I ETHICS AND STANDARDS 3. Code of Ethics 4. Standards 5. Professional conduct standards 6. Breach PART II PROCEDURES FOR APPLICATION 7. Application 8. Information provided 9. Information required 10. Transcripts or certificates 11. References and assessments 12. Waiver for extra-provincial applicants 13. Adherence to Code of Ethics 14. Evaluation of applicant 15. Approval of application 16. Refusal of registration PART III FEES 17. Rep. by 8/99 s1 18. Rep. by 8/99 s1 19. Rep. by 8/99 s1 20. Rep. by 8/99 s1 PART IV CERTIFICATES OF REGISTRATION 21. Certificate of registration 22. Expiration of certificate 23. Renewal of certificate 24. Effective registration 25. Treatment of new applicant 26. Examinations PART V BOARD OF EXAMINERS 27. Operation of board 28. Minutes 29. Annual report 30. Remuneration of members PART VI REGISTRAR 31. Registrar 32. Duties of registrar 33. Complaints 34. Reprimand, suspension or cancellation of registration 35. Amendments to regulations 36. Repeal Short title 1. These regulations may be cited as the Psychology Regulations . 98/88 s1 Back to Top Definitions 2. In these regulations (a) "Act" means the Psychologists Act ; (b) "applicant" means a person who makes application to the board in accordance with these regulations for registration as a registered psychologist; (c) "register of psychologists" means the register set up under the authority of section 9 of the Act; and (d) "registrar" means the person employed by the board as Registrar of the Newfoundland Board of Examiners in Psychology. 98/88 s2 PART I ETHICS AND STANDARDS Back to Top Code of Ethics 3. The Code of Ethics of the Association of Newfoundland Psychologists shall be the Code of Ethics of the board and of all registered psychologists. 98/88 s3 Back to Top Standards 4. The standards for providers of psychological services of the Association of Newfoundland Psychologists shall be the standards for providers of psychological services of the board and of all registered psychologists. 98/88 s4 Back to Top Professional conduct standards 5. The board may adopt standards of professional conduct for registered psychologists and these standards may be amended. 98/88 s5 Back to Top Breach 6. A breach of the code and standards referred to in sections 3, 4 and 5 shall constitute professional misconduct. 98/88 s6 PART II PROCEDURES FOR APPLICATION Back to Top Application 7. Prospective applicants for registration as registered psychologists shall make application in writing to the registrar. 98/88 s7 Back to Top Information provided 8. The registrar shall send the prospective applicants the following: (a) a copy of the Act; (b) a copy of these regulations; (c) a copy of the Code of Ethics, the Standards of Professional Conduct and the Standards for Providers of Psychological Services; (d) an application form and related guidelines; and (e) forms to be completed by referees and assessors. 98/88 s8 Back to Top Information required 9. An applicant shall return to the registrar the following: (a) the completed application form; (b) evidence of acceptable professional experience; and (c) the processing fee for application. 98/88 s9 Back to Top Transcripts or certificates 10. An applicant shall make arrangements with the educational institutions from which he or she obtained his or her graduate degrees to send transcripts or certificates of these degrees directly to the registrar. 98/88 s10 Back to Top References and assessments 11. An applicant shall request his or her referees and assessors to address their forms directly to the registrar. 98/88 s11 Back to Top Waiver for extra-provincial applicants 12. (1) An applicant, who holds a certificate of registration as a psychologist from another Canadian registering body or another state or country, may have all or part of the requirements of these regulations waived by the board providing the standards of the registration are considered by the board to be at least the equivalent of the standards required by the Act and by these regulations. (2) An applicant seeking the waiver shall send supporting original documentation to the board with his or her application. 98/88 s12 Back to Top Adherence to Code of Ethics 13. (1) An applicant shall review the Code of Ethics and attest that he or she is adhering to them and will continue to adhere to them. (2) If a breach is discovered during the registration process, the board may suspend processing the application or deny registration until it is satisfied that the breach has been rectified. 98/88 s13 Back to Top Evaluation of applicant 14. (1) The board may request further information it may consider necessary in order properly to evaluate an application for registration. (2) Where it considers that examinations are required in order to establish eligibility for registration, the board may, subject to section 26, carry out those examinations. 98/88 s14 Back to Top Approval of application 15. On being notified that his or her application for registration has been approved, the applicant shall submit to the registrar the prescribed registration fee on receipt of which the registrar shall enter the applicant's name on the Register of Psychologists. 98/88 s15 Back to Top Refusal of registration 16. (1) A refusal to register an applicant as a registered psychologist shall be accompanied by a statement of the reasons for that refusal. (2) The board shall advise an applicant in writing of its refusal to register him or her as a registered psychologist. 98/88 s16 PART III FEES Back to Top Rep. by 8/99 s1 17. Rep. by 8/99 s1 Back to Top Rep. by 8/99 s1 18. Rep. by 8/99 s1 Back to Top Rep. by 8/99 s1 19. Rep. by 8/99 s1 Back to Top Rep. by 8/99 s1 20. Rep. by 8/99 s1 PART IV CERTIFICATES OF REGISTRATION Back to Top Certificate of registration 21. (1) The registrar shall issue a certificate of registration in the form prescribed by the board to each person upon entry of his or her name on the Register of Psychologists. (2) Upon each renewal of registration, the registrar shall issue to the registered psychologist a certificate in the form prescribed by the board. 98/88 s21 Back to Top Expiration of certificate 22. (1) Notwithstanding section 19, a certificate of registration expires on December 31 each year unless it is renewed. (2) The board shall inform all registered psychologists by October 31 at their last notified addresses of the impending expiry of their registrations. 98/88 s22 Back to Top Renewal of certificate 23. A certificate of registration as a registered psychologist may be renewed by paying the annual registration fee before the registration expires. 98/88 s23 Back to Top Effective registration 24. Where a certificate of registration as a registered psychologist expires and within 2 years after expiration the former holder applies again for registration, the registration shall be effective upon payment of the appropriate reinstatement fee. 98/88 s24 Back to Top Treatment of new applicant 25. An individual who reapplies for registration as a registered psychologist 2 or more years after the expiry of that individual's previous registration shall be treated as a new applicant and that individual will be required to submit a fresh registration application. 98/88 s25 Back to Top Examinations 26. The board shall conduct or cause to be conducted oral or written examinations for registration at a time and place to be advertised by the board at least one month in advance of the examinations should there be applicants who have notified the board that they wish to take those examinations and who have paid the prescribed examination fee. 98/88 s26 PART V BOARD OF EXAMINERS Back to Top Operation of board 27. (1) A quorum of the board shall be at least 3 of the 5 appointed members. (2) The chairperson shall preside at all meetings of the board if present, otherwise, the vice-chairperson shall preside. (3) Motions shall carry by a simple majority of those present at a meeting for which appropriate notice has been given. (4) The presiding member of the board shall vote only in the case of a tie. (5) The board shall meet at least twice a year, one of the meetings being designated as the annual meeting. (6) The annual meeting shall be open to registered psychologists. 98/88 s27 Back to Top Minutes 28. The board shall cause minutes to be kept of its meetings and the minutes shall become part of the permanent records of the board. 98/88 s28 Back to Top Annual report 29. The board shall prepare an annual report for presentation at the annual meeting and that report shall be made available to the Minister of Health, the Association of Newfoundland Psychologists and all registered psychologists. 98/88 s29 Back to Top Remuneration of members 30. The board shall pay to members those necessary travelling and other expenses incurred in connection with the business of the board. 98/88 s30 PART VI REGISTRAR Back to Top Registrar 31. The board shall appoint and fix the remuneration of a registrar. 98/88 s31 Back to Top Duties of registrar 32. The registrar shall (a) attend meetings of the board and of committees appointed by the board and keep a record of the proceedings in a book or books to be maintained for that purpose; (b) maintain the Register of Psychologists; (c) process applications for registration; (d) issue, on the direction of the board, certificates of registration and renewal of registration to registered psychologists; (e) review the board's programs and report on them to the board; (f) deal with complaints in the manner specified in these regulations; (g) be responsible for the board's financial management; and (h) perform other duties that the board may prescribe. 98/88 s32 Back to Top Complaints 33. (1) Complaints shall be sent in writing to the registrar and, except as provided in subsection (2), shall not be sent to or discussed with a member of the board before an investigation of the matter by the registrar. (2) The registrar shall take the necessary steps to thoroughly investigate the matter. (3) If a member of the board assists in an investigation, that member will not participate in a formal hearing that may subsequently be held. (4) If the investigation reveals that a formal hearing is warranted, a recommendation from the registrar shall be made to the board indicating only the general nature of the complaint but reserving all evidence in the case until the time of the hearing. (5) If, after considering the recommendation of the registrar, the board decides to proceed to a hearing, it shall send written notice of the complaint and hearing to the person against whom the complaint is directed with a date, time and place for the hearing and that notice shall be given at least 30 days before the hearing. 98/88 s33 Back to Top Reprimand, suspension or cancellation of registration 34. (1) The board may, after a hearing, reprimand a registered psychologist or suspend or cancel his or her registration for breaches of the Code of Ethics or for breaches of the Act or the regulations. (2) The reprimand, suspension or cancellation referred to in subsection (1) may, at the discretion of the board, be disclosed in writing to other appropriate registering bodies. (3) The board shall give reasons for the disciplinary action and specify the terms under which disciplinary action may be rescinded. (4) An application for reinstatement after cancellation or suspension of registration shall be considered as a new application but the board shall take into account in reaching its decision the reasons for the previous cancellation or suspension. 98/88 s34 Back to Top Amendments to regulations 35. Before making substantive amendments to these regulations, the board shall consult with the Association of Newfoundland Psychologists. 98/88 s35 Back to Top Repeal 36. The Newfoundland Board of Examiners in Psychology Regulations, 1988, Newfoundland Regulation 98/88, are repealed. ©Earl G. Tucker, Queen's Printer