Suspension & Reinstatement
Provide guidelines and direction in the suspension and reinstatement of a member.
All non-compliances to the Act, Regulations and Bylaws processes implemented by the Medical Technology Act will be investigated and evaluated.
The non-compliance consists of:
- Non-compliance with any section in the Act; Section 22(2)(k); 31(2)Refer to the Teknowledge Expiration Policy
- Payment of fees; Act Section 22 (2)(k); 31(1) When renewal fees are not paid either by late payment, email indicating relocation or retirement.
- Criminal Code (Canada) or Narcotics Control Act (Canada); Act Section 28 Where a person has 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 behaviour of a medical laboratory technologist, including a conviction under the Criminal Code (Canada) or the Narcotics Control Act (Canada).
- Actions against the Code of Conduct; Any member found to be in noncompliance of the Code of Professional Conduct. Appendix 1; Act Section 50
- Any complaint initiated through the Discipline Committee that requires an Investigation resulting in suspension.
- Upon recommendation by the Credential, Discipline or Investigative Committees the license of the member shall be suspended when:
- Policy clause 1. TeKnowledge Expiration shall result in suspension on the first day of the month following the expired date.
- Policy clause 2. Delinquent Payment of Licensing Fees – fees are due on November 30th of each year after which late payment fees are charged. Steps:
- 1st Business day in the new licensing year the direct manager of the member shall be informed that the member has not renewed their license.
- 1st Business day in the new licensing year an email shall be sent to the non paying member giving them 30 days to comply.
- Second Monday in February the member shall be suspended.
- Policy clause 3. Proven Guilty Activity - notification of a statement of guilty by either the Criminal Code (Canada) or Narcotics Control Act (Canada) shall result in immediate Suspension.
- Policy clause 4. Nonconformity in opposition to the Code of Conduct Act. Reference Appendix 1 – attached. Any confirmed act of misconduct against the Code of Conduct shall result in immediate Suspension.
- Policy clause 5. Suspension recommended by the Disciplinary Committee.
- An email and letter shall be sent to the manager of the suspended member. Time of email shall be in relation to the Non-compliance clause that was being addressed.
- A Registered Letter shall be sent to the member. Time of registered letter shall be in relation to which Non-compliance clause that was being addressed.
- The NSCMLT Roster shall be amended indicating the member status as Suspended.
- Public Notification shall be published in the next edition of the Provincial Saturday paper in compliance with the Act. Section 77(2) and Regulations Section 19(a)
- The CSMLS (Canadian Society of Medical Laboratory Sciences) shall be notified in compliance with the Regulations. Section 19(c)
- The other regulated provinces shall be notified in compliance with the Regulations. Section 19(b)
- A permanent notation of the suspension shall appear in the medical laboratory technologist’s record in the NSCMLT public register.
- The member must complete the Reinstatement Form and pay the applicable fees.
- The member must submit all required documents, such as:
- Renewal Form
- Criminal Code (Canada) or Narcotics Control Act (Canada) information
- Any other required documentation as requested by NSCMLT
- All requests shall be reviewed by the Credential Committee.
- All TeKnowledge Expiration suspension documents shall be reviewed by Professional Practice Chair and Registrar in regards to the Regulations. Section 15
- Upon recommendation from the Credential, Hearing or Discipline Committee the member may be reinstated.
- The member shall be informed via email of the committee’s recommendation.
- The direct manager shall be informed via email of the committee’s recommendation.
- The suspension status may be amended and removed from the NSCMLT Roster upon the committee’s recommendation and “Practicing” status may be reinstated.
Note: The Reinstatement Form has a section on the application form whereby the member can request that the Practicing status be published in the same media form as was used to indicate the suspension. The cost of this request shall be paid by the member and shall only be completed upon receipt of payment by the NSCMLT Registrar.
RELATED DOCUMENTS: TeKnowlege Expiration Policy
APPENDIX: Professional Misconduct
DATE DEVELOPED: April 2013
The following are acts of Professional Conduct for the purposes The Code of Professional Conduct.
- An act or omission inconsistent with the Medical Technology Act.
- Contravening a federal, provincial, or territorial law, a municipal by-law or a regulation, rule or by-law of a hospital if the law, by-law, regulation or rule is relevant to the member’s suitability to practice.
- Failing to abide by any item, condition or limitation of the member’s certificate of registration.
- Failing to keep and maintain records as required.
- Making a record or signing a certificate, report, account or other document that the member knows or ought to know is false, misleading or otherwise improper.
- Falsifying a record.
- Submitting an account for services that the member knows or ought to know is false or misleading.
- Providing confidential information about a patient or about professional services performed for a patient to any person other than the patient or his or her authorized agent or an authorized health professional without the consent of the patient, or his or her authorized agent, unless required to do so by law.
- Using a term, title, listing or designation in respect of the member’s practice other than the one authorized by the Act or the regulations under the Act.
- Using in a professional respect any name other than the name of the member that is entered in the register.
- Announcing or holding out that the member has special qualifications that are not processed by the member.
- Permitting, counseling, or assisting any person who is not a member to perform a controlled act except as provided for in the Act or a regulation under the Act.
- Providing services while the member’s ability to do so is impaired by any substance, illness, or chronic dysfunction.
- Abusing a patient.
- Failing to maintain the standard of practice of the profession.
- Making a misrepresentation respecting the performance method, accuracy, or reliability of any laboratory result.
- Failing to properly supervise a person who provides a service and who is under the authority or direction of the member.
- Failing to reply appropriately or within thirty to any written communication from the College or its members, officers, employees, or agents.
- Engaging in conduct or performing an act relevant to the practice of medical laboratory technology that, having regard to all circumstances, would reasonably be regarded by the members as disgraceful, dishonourable or unprofessional.
- Failing to report another member to the College when the other member’s conduct towards a patient endangers the safety of the patient.
- Participating in advertising or endorsing a product or service for consideration.
- Practicing the profession in a conflict of interest.
- Failing to comply with an order or requirement of a Committee of the College.
- Directly of indirectly benefitting from the practice of medical laboratory technology while the member’s certificate of registration is suspended.