Practicing without Authorization

Health profession regulation exists to protect the public by ensuring that individuals providing regulated health services meet the legislative requirements.

Recently, the College of Alberta Denturists (College) addressed a matter involving a former regulated member who continued to practice denturism after their practice permit had been cancelled due to non-renewal.

Background

The individual was previously registered with the College and held a practice permit authorizing them to practice denturism. After failing to complete the renewal requirements, their registration and practice permit were suspended and then cancelled.

Information from the public was subsequently received suggesting that the now unregulated member continued to provide denturism services despite no longer being authorized to practice. The College investigated and confirmed the information.

Under the Health Professions Act (HPA), the College has a responsibility to protect the public and may seek an injunction where an individual practices without authorization.

In accordance with the HPA, the College applied to the Court of King’s Bench for an injunction preventing the individual from continuing to practice denturism without authorization.

A consent order was granted by the Court, along with costs of $500 payable by the unregulated denturist. Under the terms of the order, the former regulated member agreed that they were prohibited from:

• providing services that fall within the practice of denturism as defined in section 3 of Schedule 8 of the HPA;
• using protected titles, including “denturist” or “registered denturist,” as restricted under the HPA and Denturists Profession Regulation; and
• performing restricted activities authorized only to registered denturists.

Contempt of Court

Despite the Court’s order, the individual continued to provide services that breached its terms.

The College subsequently brought the matter back before the Court. The Court found the individual was in civil contempt of the order and issued a further order providing an opportunity to purge the contempt.

The additional requirements included that the individual:

• immediately cease attending the clinic until registration was reinstated;
• not provide denturism services;
• not schedule or permit staff to schedule appointments for denturism services;
• remove signage displaying protected titles; and
• advise staff and patients who contacted the clinic that the individual was not currently regulated and could not provide regulated denturism services.

The individual applied for reinstatement. As part of the Registration Committee’s consideration of the application, the Committee required the individual to complete a reflection paper and to pay the outstanding Court ordered costs of $500.

The individual met the requirements and was reinstated.

A Note to the Profession

Failing to renew a practice permit means an individual is no longer authorized to provide regulated health services. Continuing to practice after cancellation places the public at risk and removes the regulatory protections associated with registration, including professional accountability, standards, and oversight.

In addition, practicing without a valid practice permit may affect an individual’s professional liability insurance coverage. Depending on the terms of the policy, services provided while unauthorized to practice may not be covered, potentially leaving the individual personally responsible for any damages, legal costs, or other liabilities arising from their practice.

Members are reminded that they must:

• hold a current practice permit before providing denturism services;
• not use protected titles unless authorized to do so;
• not perform restricted activities unless permitted under the legislation; and
• immediately stop practicing when their registration or practice permit has expired, been cancelled, or suspended until their authorization is restored.

Where individuals provide regulated services without authorization, the College will take appropriate action to protect the public. Depending on the circumstances, this may include investigation, applying to the Court for injunctive relief, and seeking orders necessary to prevent unauthorized practice. Failure to comply with a court order may result in contempt proceedings. The Court has broad authority to enforce its orders and may impose remedies including costs, fines, compliance orders, or, in the most serious cases, imprisonment.

Although the individual met the requirements and was ultimately reinstated, the matter demonstrates that unauthorized practice is treated seriously by both the College and the Courts because of the potential risk to the public.