Offence
4(1) No person shall perform a restricted activity or a portion of it on or for another person unless
(a) the person performing it
(i) is a regulated member as defined in the Health Professions Act, and is authorized to perform it by the regulations under the Health Professions Act,
(ii) is authorized to perform it by a regulation under section 3,
(ii.1) is authorized to perform it by an order under section 3.1, or
(iii) is authorized to perform it by another enactment,
or
(b) the person performing it
(i) has the consent of, and is being supervised by, a regulated member described in clause (a)(i), and
(ii) is permitted to perform the restricted activity under a regulation made under section 131(1)(d)(i) of the Health Professions Act by the council of the college of the regulated member referred to in subclause (i),
and there are regulations made under section 131(1)(d)(ii) of the Health Professions Act by the council of the college of that regulated member respecting how regulated members must supervise persons who provide restricted activities under this clause.
(2) Despite subsection (1), if no person who is authorized under subsection (1) is available to perform the restricted activity or a portion of it, a person may without expectation or hope of compensation or reward provide a restricted activity or a portion of it to provide physical comfort to or to stabilize another person who is ill, injured or unconscious as a result of an accident or other emergency.
(3) No person, other than a person authorized to perform a restricted activity under subsection (1)(a), shall or shall purport to consent to, provide supervision of and control of, another person performing the restricted activity or a portion of a restricted activity.
(4) No person shall require another person to perform a restricted activity or a portion of a restricted activity if that other person is not authorized in accordance with subsection (1) to perform it.
Penalty
5(1) A person who contravenes section 4 is guilty of an offence and liable
(a) for a first offence, to a fine of not more than $5000,
(b) for a 2nd offence, to a fine of not more than $10 000, and
(c) for a 3rd and every subsequent offence, to a fine of not more than $25 000 or to imprisonment for a term of not more than 6 months or to both fine and imprisonment.
(2) A prosecution for an offence under this Schedule may not be commenced more than 2 years after the date on which the alleged offence occurs.
"F. Dean Vause Ph.D.
is executive director of the
Alberta Adolescent Recovery
Centre (AARC), a center in
Calgary, Alberta that reaches out
to teens with addiction issues.
Vause has developed the AARC
model and fills the additional
roles of clinical director and
front line therapist. He is also
actively involved in raising funds
for scholarships that will enable
select peer counselors from
AARC to enroll in Union
Institute & University's highly
specialized baccalaureate program
with a concentration in
alcohol and drug counseling and
treatment center management."
http://www.tui.edu/communique/UIU/older ... er2002.pdf