B.C. Reg. 270/2008
737/2008
Deposited October 10, 2008
effective October 17, 2008

Health Professions Act

Health Professions Designation Regulation

Note: Check the Cumulative Regulation Bulletin 2014
for any non-consolidated amendments to this regulation that may be in effect.

[includes amendments up to B.C. Reg. 169/2010, July 1, 2010]

Point in Time

Contents
1Definition
Part 1 — Designations
2Designations
Part 2 — Application For Designation
3Application fee
4Cost of investigation
5Fees and costs prorated
Part 3 — Public Interest Criteria
6Criteria for designation of health professions

Definition

1  In this regulation, "Act" means the Health Professions Act.

Part 1 — Designations

Designations

2  (1) The designations of the following health professions are continued for the purposes of the Act:

(a) dental hygiene;

(b) dental technology;

(c) denturism;

(d) dietetics;

(e) massage therapy;

(f) midwifery;

(g) naturopathic medicine;

(h) nursing;

(i) occupational therapy;

(j) opticianry;

(k) physical therapy;

(l) psychology;

(m) psychiatric nursing;

(n) traditional Chinese medicine and acupuncture.

(2) The designation of licensed practical nursing is continued, for the purposes of the Act, as practical nursing.

(3) The following professions are designated for the purposes of the Act:

(a) audiology, hearing instrument dispensing and speech-language pathology.

(b) chiropractic;

(c) optometry;

(d) the practice of pharmacy;

(e) dentistry.

(f) medicine;

(g) podiatric medicine.

[am. B.C. Regs. 412/2008, s. 2; 419/2008, App. s. 4; 420/2008, App. s. 6;

421/2008, App. s. 6; 422/2008, App. s. 6; 423/2008, App. s. 6; 169/2010, s. (c).]

Part 2 — Application For Designation

Application fee

3  The application fee to be submitted with an application under section 7 (1) of the Act is $2 000.

Cost of investigation

4  The minister may not charge to a health profession association the first $7 500 of costs incurred by the minister in the conduct of the investigation of the health profession association's application under section 7 (1) of the Act.

Fees and costs prorated

5  If the minister conducts one investigation for the designation of a health profession in respect of more than one application under section 7 (1) of the Act, the fee payable under section 3 and the costs in excess of the amount under section 4 may be prorated by the minister between or among the health profession associations that have applied.

Part 3 — Public Interest Criteria

Criteria for designation of health professions

6  (1) For the purposes of section 10 (1) of the Act, the minister must consider the extent to which the practice of a health profession may involve a risk of physical, mental or emotional harm to the health, safety or well-being of the public, having regard to the following:

(a) the services performed by practitioners of the health profession;

(b) the technology, including instruments and materials, used by practitioners of the health profession;

(c) the invasiveness of the procedure or mode of treatment used by practitioners of the health profession;

(d) the degree to which the health profession is practised

(i)   under the supervision of another person who is qualified to practise as a member of a different health profession, or

(ii)   in a currently regulated environment.

(2) The minister may also consider the following criteria:

(a) the extent to which the health profession has demonstrated that there is a public interest in ensuring the availability of regulated services provided by the health profession;

(b) the extent to which the services of the health profession provide a recognized and demonstrated benefit to the health, safety or well-being of the public;

(c) the extent to which there exists a body of knowledge that forms the basis of the standards of practice of the health profession;

(d) whether practitioners of the health profession are awarded a certificate or degree from a recognized post-secondary educational institution;

(e) whether it is important that continuing competence of a practitioner of the health profession be monitored;

(f) the extent to which there exists within the health profession recognized leadership which has expressed a commitment to regulating the profession in the public interest;

(g) the likelihood that a college established under the Act would be capable of carrying out the duties imposed by the Act, having regard to factors that may affect the viable operation of the college;

(h) whether designation of the health profession is likely to limit availability of services contrary to the public interest.

Note: this regulation repeals the following regulations:

Dental Hygienists Regulation, B.C. Reg. 486/94

Dental Technicians Regulation, B.C. Reg. 509/95

Denturists Regulation, B.C. Reg. 68/2000

Dietitians Regulation, B.C. Reg. 296/2002

Health Professions Regulation, B.C. Reg. 237/92

Licensed Practical Nurses Regulation, B.C. Reg. 71/96

Massage Therapists Regulation, B.C. Reg. 484/94

Midwives Regulation, B.C. Reg. 103/95

Naturopathic Physicians Regulation, B.C. Reg. 449/99

Nurses (Registered) and Nurse Practitioners Regulation, B.C. Reg. 233/2005

Occupational Therapists Regulation, B.C. Reg. 432/98

Opticians Regulation, B.C. Reg. 487/94

Physical Therapists Regulation, B.C. Reg. 485/94

Psychologists Regulation, B.C. Reg. 442/99

Registered Psychiatric Nurses Regulation, B.C. Reg. 115/99

Traditional Chinese Medicine Practitioners and Acupuncturists Regulation, B.C. Reg. 385/2000.

[Provisions of the Health Professions Act, R.S.B.C. 1996, c. 183, relevant to the enactment of this regulation: section 12 (1)]