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| This archived statute consolidation is current to November 5, 2001 and includes changes enacted and in force by that date. For the most current information, click here. |
[Updated to October 31, 1997]
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Contents |
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Section |
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1 In this Act:
"board" means the Board of Hearing Aid Dealers and Consultants continued under this Act;
"inspector" means an inspector appointed under section 10;
"licence" means a licence issued by the board;
"hearing aid" means
(a) a wearable instrument or device designed for or offered for aiding or compensating for impaired human hearing, and
(b) parts, or accessories for the instrument, including an ear mold, but not including batteries and cords;
"practice of a hearing aid dealer and consultant" means
(a) testing human hearing by audiometer or other means for the purpose of selecting, adapting, recommending or selling hearing aids,
(b) selecting, adapting, recommending, selling or offering for sale hearing aids, or
(c) making impressions for ear molds to be used in connection with hearing aids;
"profession" means the practice of a hearing aid dealer and consultant;
"sale" means a transfer of title, conditional sale contract, lease, hire purchase or any other contract where a person disposes of, and any other person acquires, a hearing aid, but does not include wholesale transactions.
2 (1) This Act is to be administered by a board composed of not more than 7 members appointed by the Lieutenant Governor in Council, including one otolaryngologist and one audiologist.
(2) The Lieutenant Governor in Council may designate one of the members as the chair.
(3) The members hold office for one year and are eligible for reappointment.
(4) The board may elect a vice chair, secretary treasurer and registrar from its members.
(5) The Lieutenant Governor in Council may appoint a person to fill a vacancy on the board caused by a member's death, resignation or incapacity to act, and the person appointed holds office for the remainder of the term of the member.
(6) The board may appoint from its members committees to which it may delegate powers and duties of the board.
3 (1) It is the duty of the board at all times
(a) to serve and protect the public, and
(b) to exercise its powers and discharge its responsibilities under all enactments in the public interest.
(2) The board has the following objects:
(a) to superintend the practice of the profession;
(b) to govern registrants according to this Act and the regulations;
(c) to establish, monitor and enforce standards of education and qualifications for registration of registrants;
(d) to establish, monitor and enforce standards of practice to enhance the quality of practice and reduce incompetent, impaired or unethical practice amongst registrants;
(e) to establish and maintain a continuing competency program to promote high practice standards amongst registrants;
(f) to establish a patient relations program to seek to prevent professional misconduct of a sexual nature;
(g) to establish, monitor and enforce standards of professional ethics amongst registrants;
(h) to require registrants to provide an individual access to the individual's health care records in appropriate circumstances;
(i) to inform individuals of their rights under this Act, the regulations and the Freedom of Information and Protection of Privacy Act;
(j) to administer the affairs of the board and perform other duties through the exercise of the powers conferred by this Act or the regulations.
4 The board must submit an annual report respecting the board, including information that the Lieutenant Governor in Council may prescribe, to the minister not later than 120 days after the end of the fiscal year for the board.
5 The board may
(a) regulate the education of hearing aid dealers and consultants, and may designate vocational or educational institutions it considers advisable, and
(b) appoint an examining committee and confer and impose on the committee the powers and duties for examinations the board considers necessary or desirable.
6 On registration of a person as a hearing aid dealer and consultant, and on compliance by that person with this Act and the regulations, the board must issue a licence.
7 In a licence issued under section 6 the board may authorize a hearing aid dealer and consultant to perform any or all of the following services:
(a) conducting tests in pure tone audiometry, including air conduction testing and bone conduction testing;
(b) conducting tests by live voice or recorded voice speech audiometry, including speech reception threshold testing and speech discrimination testing;
(c) masking, when indicated;
(d) recording and evaluating audiograms and speech audiometry to determine proper selection and adaptation of a hearing aid;
(e) taking ear mold impressions and fitting hearing aids;
(f) advising persons of available medical and rehabilitation facilities for impaired human hearing.
8 Except in accordance with and to the extent specifically authorized by a valid and subsisting licence issued under section 6, a person must not
(a) carry on or engage in the practice of a hearing aid dealer and consultant, or
(b) display a sign or, in any other way, advertise, represent or hold himself or herself out as a person who carries on or engages in the practice of a hearing aid dealer and consultant.
9 On application by the board to the Supreme Court, the court may make an order
(a) restraining a person from
(i) committing or attempting to commit a breach of this Act or the regulations, or
(ii) continuing a course of conduct prohibited by this Act or the regulations, and
(b) as to costs or otherwise as may be just.
10 The board may appoint inspectors for the board.
11 (1) During regular business hours an inspector may investigate, inquire into, inspect, observe or examine one or more of the following without a court order:
(a) the premises, the equipment and the materials used by a registrant to practise the profession;
(b) the records of the registrant relating to the registrant's practice of the profession and may copy the records;
(c) the practice of the profession performed by or under the supervision of the registrant.
(2) The board may direct an inspector to act under subsection (1).
(3) If an inspector acts under this section as a consequence of a direction given under subsection (2), the inspector must report the results of these actions in writing to the board.
12 (1) A person authorized by the board may apply to the Supreme Court for an order that authorizes a person named in the order
(a) to enter into the premises or land of the person named in the order at any reasonable time and conduct an inspection, examination or analysis,
(b) to require the production of any record, property, assets or things and to inspect, examine or analyze them, and
(c) on giving a receipt, to seize and remove any record, property, assets or things inspected, examined or analyzed under paragraph (a) or (b) for further inspection, examination or analysis.
(2) Unless the court otherwise directs, an application under subsection (1) may be made without notice to anyone and heard in private.
(3) On application under subsection (1), the court may make an order under this section if satisfied on oath that there are reasonable grounds for believing that evidence may be found
(a) that a person who is not a registrant has contravened this Act or the regulations, or
(b) that a person who is a registrant
(i) has contravened this Act or the regulations,
(ii) has failed to comply with a limit or condition imposed under this Act or the regulations,
(iii) has acted in a manner that constitutes professional misconduct,
(iv) is not competent to practise the profession, or
(v) is suffering from a physical or mental ailment, an emotional disturbance or an addiction to alcohol or drugs that impairs the person's ability to practise the profession.
(4) In an order under this section, the court
(a) must identify the premises or land to be entered and must generally describe any thing to be searched for and examined, audited or seized,
(b) may include any limitations or conditions the court considers proper including the time of entry, the disposition of things seized and the access by any person to the things seized, and
(c) may direct that section 13 does not apply to a thing specified in the order
(i) provided all limitations and conditions included under paragraph (b) are met, and
(ii) unless, within 21 days of the seizure of the thing, a person who owned or controlled the thing at the time of the seizure requests by registered mail addressed to the board that section 13 apply to the thing seized.
(5) A person who, while conducting or attempting to conduct an entry or search under this section, finds anything not described in the order that the person believes on reasonable grounds will provide evidence in respect of a contravention of this Act or the regulations may seize and remove that thing.
13 (1) For the purposes of subsection (2), the person who makes a seizure under section 12 must report the seizure as soon as practicable to a judge of the Supreme Court, who must be the judge who issued the order under which the seizure was made unless this is not practicable.
(2) On receiving a report under subsection (1), the judge must
(a) order the thing that was seized returned to its owner or other person entitled to it unless satisfied that an order under paragraph (b) should be made, or
(b) order the thing detained if satisfied that the detention is required for the purposes of this Act.
(3) An inspector may make or cause to be made one or more copies of any record detained under subsection (2).
(4) A document purporting to be certified by a representative of the board to be a true copy made under the authority of subsection (3) is evidence of the nature and content of the original document.
(5) Subject to an order under section 12 (4) (b), the person from whom any thing is seized under this section, or the owner of the thing if different, is entitled to inspect the thing at any reasonable time and, in the case of a record, to obtain one copy of the record at the expense of the board.
(6) No record must be detained under this section for a period longer than 3 months from the time of its seizure unless, before the expiration of the period, either
(a) the person from whom it was seized agrees to its continued detention, or
(b) the Supreme Court, on application and after being satisfied that its continued detention is justified, orders its continued detention for a specified period of time.
14 (1) A person must not obstruct an inspector in the lawful performance of duties or the lawful exercise of powers under this Act or the regulations.
(2) A person must not obstruct a person acting under section 12 or 13 or under an order under those sections.
15 (1) If the board considers the action necessary to protect the public during the investigation of a registrant or pending a hearing of the board, it may
(a) set limits or conditions on the practice of the profession by the registrant, or
(b) suspend the registration of the registrant.
(2) If the board acts under subsection (1), it must notify the registrant in writing of its decision, of the reasons for the decision and of the registrant's right to appeal the decision to the Supreme Court.
(3) A decision under subsection (1) is not effective until the earlier of
(a) the time the registrant receives the notice under subsection (2), and
(b) 3 days after the notice is mailed to the registrant at the last address for the registrant recorded in the register of the board.
(4) If the board determines that action taken under subsection (1) is no longer necessary to protect the public, it must cancel the limits, conditions or suspension and must notify the registrant in writing of this as soon as possible.
(5) A registrant against whom action has been taken under subsection (1) may appeal the decision to the Supreme Court and, for these purposes, the provisions of section 17 respecting an appeal from a decision of the board apply to an appeal under this section.
16 (1) A person authorized in writing by the board may, for this Act
(a) at any reasonable time enter the place of business of a hearing aid dealer or of a person carrying on business to which this Act applies and have access to and examine the books of account, accounting records, documents, files, correspondence and other records respecting that business and may make copies of and take extracts from them, and
(b) with respect to any matter that is under investigation if information is required or requested, require that the information be submitted in writing, verified by affidavit.
(2) The board may, following an inquiry under subsection (1),
(a) require the hearing aid dealer to make adjustments it considers fair and equitable,
(b) require the hearing aid dealer to cancel the transaction by which the hearing aid was acquired by the buyer and require the hearing aid dealer to make full restitution of all money paid by the buyer plus the buyer's reasonable expenses incurred in connection with the transaction, or
(c) if the board finds the hearing aid dealer to be at fault, assess costs against the dealer reasonably incurred by a person retained by the board to carry out the inquiry.
(3) If a person registered and licensed under this Act fails to comply with a requirement, direction or assessment, following an inquiry under subsection (1), the failure is a breach of this Act and the board may commence an inquiry under subsection (4).
(4) The board may inquire into, hear and determine, by its own motion or on complaint, whether a person registered or licensed under this Act or the regulations has been guilty of any of the following:
(a) misconduct;
(b) incompetence in the performance of duties;
(c) a breach of any provision of this Act or the regulations.
(5) For the purposes of the inquiry the board has the following powers of the Supreme Court:
(a) to compel the attendance of witnesses;
(b) to receive evidence under oath;
(c) to compel the production and inspection of books, papers, documents and things.
(6) The chair may make formal directions for the purposes of subsection (5).
(7) Notice in writing of the complaint or charge made against a person and the time and place of the hearing must be personally served on the person, and the person may appear before the board and make a full answer and defence either in person or by counsel.
(8) The board must conduct a hearing, consider the evidence and, if the board is satisfied that the person charged is guilty, the board may
(a) reprimand the person,
(b) suspend the person's licence for a period it thinks fit, or
(c) cancel the person's licence and registration.
(9) The powers exercisable by the board under this section may be exercised by a committee of the board appointed by the board, consisting of at least 3 members of the board.
17 (1) A person aggrieved by a decision of the board or a committee may appeal to the Supreme Court by filing with the registrar of the court a notice of appeal within 3 months of the decision, and serving a copy personally on any member of the board.
(2) The board is a party to the appeal for all purposes and may be represented by counsel.
(3) The appeal is a new hearing, and the court must consider all matters of fact or law necessary for a determination of the appeal.
(4) The court may obtain the assistance of a person qualified to advise it about the matter under appeal, and may fix the remuneration of that person and direct payment by any of the parties.
(5) The court may make a decision or order it considers just, or refer the matter back to the board with directions it considers necessary.
18 This Act does not apply to
(a) a medical practitioner,
(b) a person engaged in the practice of measuring human hearing for the purpose of selecting hearing aids, if the person or the person's employer does not, directly or indirectly, sell hearing aids or accessories,
(c) an employee, or an agency and its employees, of the government, so long as
(i) the employee or agency and its employees is designated by the Minister of Health as an employee or agency competent to provide hearing aid service, and
(ii) the employee is acting in the course of that person's employment and the agency is acting within the scope of its authority, or
(d) a board or council under the Health Authorities Act or a community health services society, designated by the minister for the purposes of this paragraph, incorporated under the Society Act, and an employee of the board, council or society, so long as
(i) the employee, board, council or society is designated by the Minister of Health as competent to provide hearing aid service, and
(ii) the employee is acting in the course of that person's employment and the board, council or society is acting within the scope of its authority.
19 This Act is subject to the Medical Practitioners Act.
20 A member of the board is not liable for an act done, or purported to be done, in good faith under this Act or the regulations.
21 With the approval of the Lieutenant Governor in Council the board may make regulations referred to in section 41 of the Interpretation Act, including regulations to do any of the following:
(a) provide for the registration of hearing aid dealers and consultants;
(b) prescribe the qualifications of an applicant for registration as a hearing aid dealer and consultant;
(c) prohibit the registration under this Act and the regulations of a person as a hearing aid dealer or consultant unless the person is qualified under this Act and the regulations and passes the examinations prescribed by the board;
(d) provide for the instruction, education and examination of hearing aid dealers and consultants;
(e) provide for the licensing of hearing aid dealers and consultants;
(f) require an applicant for registration or licensing to deliver to the board, within a specified time, a bond under the Bonding Act;
(g) prescribe the duration and terms of licences and the requirements for the annual renewal;
(h) prescribe the form and content of licences and the classification of licences according to the type of services provided by the licensee;
(i) prescribe registration, licence and examination fees;
(j) prescribe fees payable to the board by employers of persons registered under this Act;
(k) provide for the maintenance and control of records to be kept by, and the conduct of meetings of, the board;
(l) define for this Act and the regulations misconduct or circumstances considered to constitute misconduct;
(m) provide for the maintenance, control and inspection of prescriptions and other documents used by hearing aid dealers and consultants or employers of persons registered under this Act;
(n) provide for the regulation of advertising by hearing aid dealers and consultants;
(o) prescribe procedures to be carried out by hearing aid dealers and consultants in fitting and selling hearing aids.
22 A person who contravenes section 8 is guilty of an offence under this Act, and liable on conviction
(a) for a first offence to a fine of not less than $100 and not more than $500, and
(b) for a second or subsequent offence to a fine of not less than $500 and not more than $1 000.
23 The Lieutenant Governor in Council may make regulations prescribing a fee or charge to be paid by a person to whom the government provides a service or the use of property.
Copyright (c) 2001: Queen’s Printer, Victoria, British Columbia, Canada