Part V: Inspections, Inquiries and Discipline

Disposition of Complaints by Registrar
53.   The registrar is authorized to act under section 32(3) of the Act.
Inspections
54.   An inspector must not observe a registrant while the registrant is providing a service to a client except where
      (a) the consent of the client being treated has been obtained in advance, or
      (b) the service is being provided in a public setting.
[Deleted]
55.   Section deleted.
Undertakings and Consents
56. (1) The record of an undertaking or consent given under section 36 of the Act, a consent order under section 37.1 of the Act, or an agreement under section 32.2(4)(b) or 32.3(3)(b) of the Act must
      (a) include any consent to a reprimand or to any other action given by the respondent under section 32.2(4)(b), 32.3(3)(b), 36 or 37.1 of the Act,
      (b) include any undertaking made by the respondent under section 36 of the Act,
      (c) specify the length of time that an undertaking specified in paragraph (b) is binding on the respondent,
      (d) specify the procedure that the respondent may follow to be released from an undertaking specified in paragraph (b), and
      (e) subject to sections 22 and 39.3 of the Act and sections 36 and 59, specify what notification and disclosure of the limits or conditions of the undertaking, consent, order or agreement may be given to others, including members of the public.
  (2) If an undertaking or consent given under section 36 of the Act, a consent order under section 37.1 of the Act, or an agreement under section 32.2(4)(b) or 32.3(3)(b) of the Act requires the respondent to take any corrective or remedial action, the inquiry committee may direct the registrar
      (a) to monitor the respondent’s compliance with that requirement, and
      (b) to report periodically to the chair or vice-chair of the inquiry committee regarding the respondent’s compliance with that requirement.
Citation
57. (1) Before the issuance of any citation under section 37 of the Act, on the direction of a panel of the inquiry committee, the registrar may join one or more complaints or other matters which are to be the subject of a discipline hearing in one citation as the panel considers appropriate in the circumstances.
  (2) After the issuance of a citation or citations under section 37 of the Act, on the direction of a panel of the discipline committee, the registrar may, as the panel considers appropriate in the circumstances,
      (a) join one or more complaints or other matters which are to be the subject of a discipline hearing,
      (b) sever one or more complaints or other matters which are to be the subject of a discipline hearing, or
      (c) amend a citation.
  (3) If a citation is amended before a discipline hearing, the amended citation must be delivered to the respondent by personal service or sent by regular mail to the respondent at the last address for the respondent recorded in the register referred to in section 21(2) of the Act not fewer than 14 days before the date of the hearing.
  (4) If a citation is amended before a discipline hearing and the amended citation changes the date, time or place of the hearing, the registrar must notify any complainant of the amendment not fewer than 14 days before the date of the hearing.
Hearings of Discipline Committee
58. (1) No member of the discipline committee may sit on a panel hearing a matter in which the discipline committee member
      (a) was involved as a member of the inquiry committee, or
      (b) has had any other prior involvement.
  (2) Information about the date, time and subject matter of the hearing must be provided to any person on request.
  (3) The discipline committee must provide notice by registered mail or by personal service to a person who is required to attend a hearing under section 38(6) of the Act in the form set out in Schedule H.
  (4) All discipline hearings must be recorded and any person may obtain, at the person’s own expense, a transcript of any part of the hearing which the person was entitled to attend.
Notice of Disciplinary Action
59. (1) In addition to any notification required under section 39.3 of the Act with respect to any of the actions referred to in section 39.3(1)(a) to (e) of the Act, the registrar
      (a) must notify all registrants,
      (b) must notify the regulatory bodies governing the practice of dental hygiene in every other Canadian jurisdiction, and
      (c) may notify any other governing body of a health profession inside or outside of Canada.
  (2) Notification provided to all registrants under subsection (1)(a)
      (a) must include all information included in the public notification under section 39.3 of the Act, and
      (b) unless otherwise directed by the inquiry committee or the discipline committee, as the case may be, must exclude any information withheld from the public notification under section 39.3(3) or (4) of the Act.
  (3) Unless otherwise directed by the inquiry committee or the discipline committee, as the case may be, notification provided to other regulatory or governing bodies under subsection (1)(b) or (c) may include information that has been withheld from the public notification under section 39.3(3) or (4) of the Act.
Effect of Suspension
59.1 (1) During any period of suspension of registration, a registrant must
      (a) not engage in the practice of dental hygiene or hold himself or herself out as a registrant,
      (b) not hold office in the college,
      (c) not make appointments for patients or prospective patients,
      (d) not contact or communicate with patients or prospective patients, except for the purpose of
          (i) advising a patient or prospective patient of the fact and duration of the suspension,
          (ii) advising a patient or prospective patient that another registrant will continue to act or provide services in the suspended registrant’s place, or
          (iii) referring a patient or prospective patient to another registrants in good standing,
      (e) remove the registrant’s name and any sign relating to the registrant’s practice from any premises where the registrant practised dental hygiene, and any building in which any such premises are located,
      (f) prominently display, if required by an order under section 35, 37.1, 38, 39 or 39.1 of the Act, an agreement under section 32.2(4)(b) or 32.3(3)(b) of the Act, or other action taken under section 33(2) of the Act, a notice of suspension in a form and in an area approved by the registrar, which states the duration and reasons for the suspension, and
      (g) pay any fee required by the college when due in order to remain a registrant, and any other outstanding fine, fee, debt or levy owed to the college.
  (2) No current or former registrant is entitled to any refund of any fine, fee, debt or levy paid to the college solely on the basis that it was paid during or in relation to a period of suspension.
  (3) During the period of suspension, a suspended registrant may permit another registrant in good standing to practise dental hygiene within premises where the registrant practised dental hygiene, provided that the suspended registrant complies with subsection (1).
  (4) Any communication under subsection (1)(d) may be made in writing in a form approved in advance by the registrar, or by employing office staff, an answering service, or other telephonic device specifically for that purpose.
Fines
59.2   The maximum amount of a fine that may be ordered by the discipline committee under section 39(2)(f) of the Act is $50,000.
Costs
59.3 (1) The tariff of costs set out in Schedule G, to partially indemnify the college for investigations under section 33 of the Act, is hereby established pursuant to section 19(1)(v.1) of the Act.
  (2) The tariff of costs set out in Schedule H, to partially indemnify parties their expenses incurred in the preparation for and conduct of hearings under section 38 of the Act, is hereby established pursuant to section 19(1)(w.1) of the Act.
  (3) Any costs awarded by the discipline committee under section 39(4) or (5) of the Act, or by the inquiry committee under section 33(7) of the Act or in accordance with a proposal under section 37.1 of the Act, must be assessed by the applicable committee in accordance with Schedules G and H and the applicable tariff of costs set out therein.
Retention of Inquiry Committee and Discipline Committee Records
60.   Records of the inquiry committee must be retained for not less than 6 years following the conclusion of an investigation and records of the discipline committee must be retained for not less than 6 years following the date a decision is rendered.