Health Professions Restricted Activity Regulation sections 1.3, Section 8
Restricted activities for Dental Hygienists
(8) For the purposes of section 1.3 and Schedule 5 to the Act, a regulated member on the general register, provisional register or courtesy register, in the practice of physiotherapy, may perform in accordance with standards of practice the following restricted activities:
(a)for the purpose of assessing or treating oral health conditions but not for the purpose of performing restoration procedures of a permanent nature, to cut a body tissue, to administer anything by an invasive procedure on body tissue or to perform surgical or other invasive procedures on body tissue below the dermis or the mucous membrane or in or below the surface of teeth,
including scaling of teeth;
(b) to insert or remove instruments, devices, fingers or hands beyond the pharynx for oral soft tissue examinations;
(c)to reduce a dislocation of a temporomandibular joint for the purpose of reducing a subluxation of the temporomandibular joint;
(d) to prescribe the following Schedule 1 drugs for the purpose of treating oral health conditions, providing prophylaxis and treating emergencies:
(i) antibiotics;(ii) antifungal agents;
(iii) anti-infective agents;
(iv) antiviral agents;
(ix) topical corticosteroids;
(e) to compound, provide for selling or sell, incidentally to the practice of dental hygiene, a Schedule 1 drug or Schedule 2 drug;
(f) to order or apply any form of ionizing radiation in medical radiography.
Health Professions Restricted Activity Regulation section 9.
Restricted activities for dental hygienists requiring advanced training
(9) A regulated member referred to in section 8 who has provided evidence satisfactory to the registrar of having completed and remaining current in the advanced training required by the council, and who has received notification from the registrar that authorization is indicated on the general register or courtesy register, may perform in accordance with standards of practice the following restricted activities:
(a) to prescribe or administer nitrous oxide for the purposes of conscious sedation;
(b) in collaboration with a dentist, to fit an orthodontic or periodontal appliance for the purpose of determining the preliminary fit of the appliance;
(c) in collaboration with a dentist, to perform surgical or other invasive procedures on body tissue below the surface of teeth for the purpose of performing restoration procedures of a permanent nature.
Part 0.1 Health Services Restricted Activities
1.3(1) The following, carried out in relation to or as part of providing a health service, are restricted activities:
(a) to cut a body tissue, to administer anything by an invasive procedure on body tissue or to perform surgical or other invasive procedures on body tissue
(i) below the dermis or the mucous membrane or in or below the surface of the cornea;
(ii) in or below the surface of teeth, including scaling of teeth;
(b) to insert or remove instruments, devices, fingers or hands
(i) beyond the cartilaginous portion of the ear canal,
(ii) beyond the point in the nasal passages where they normally narrow,
(iii) beyond the pharynx,
(iv) beyond the opening of the urethra,
(v) beyond the labia majora,
(vi) beyond the anal verge, or
(vii) into an artificial opening into the body;
(c) to insert into the ear canal
(i) under pressure, liquid, air or gas;
(ii) a substance that subsequently solidifies;
(d) to set or reset a fracture of a bone;
(e) to reduce a dislocation of a joint except for a partial dislocation of the joints of the fingers and toes;
(f) to use a deliberate, brief, fast thrust to move the joints of the spine beyond the normal range but within the anatomical range of motion, which generally results in an audible click or pop;
(g) to prescribe a Schedule 1 drug within the meaning of the Pharmacy and Drug Act;
(h) to dispense, compound, provide for selling or sell a Schedule 1 drug or Schedule 2 drug within the meaning of the Pharmacy and Drug Act;
(i) to administer a vaccine or parenteral nutrition;
(j) to prescribe, compound or administer blood or blood products;
(k) to prescribe or administer diagnostic imaging contrast agents;
(l) to prescribe or administer anesthetic gases, including nitrous oxide, for the purposes of anesthesia or sedation;
(m) to prescribe or administer radiopharmaceuticals, radiolabelled substances, radioactive gases or radioaerosols;
(n) to order or apply any form of ionizing radiation in
(i) medical radiography,
(ii) nuclear medicine, or
(iii) radiation therapy;
(o) to order or apply non‑ionizing radiation in
(ii) magnetic resonance imaging, or
(iii) ultrasound imaging, including any application of ultrasound to a fetus;
(p) to prescribe or fit
(i) an orthodontic or periodontal appliance,
(ii) a fixed or removable partial or complete denture, or
(iii) an implant supported prosthesis;
(q) to perform a psychosocial intervention with an expectation of treating a substantial disorder of thought, mood, perception, orientation or memory that grossly impairs
(iii) capacity to recognize reality, or
(iv) ability to meet the ordinary demands of life;
(r) to manage labour or deliver a baby;
(s) to prescribe or dispense corrective lenses.
(2) Despite subsection (1), the following are not restricted activities:
(a) activities of daily living, whether performed by the individual or by a surrogate on the individual’s behalf,
(b) giving information and providing advice with the intent of enhancing personal development, providing emotional support or promoting spiritual growth of individuals, couples, families and groups, and
(c) drawing venous blood.
(1.4) The Minister may make regulations authorizing a person or a category of persons other than a regulated member or category of regulated members to perform one or more restricted activities subject to any conditions included in the regulations.
Public health emergency
(1.5) For the purposes of preventing, combating or alleviating a public health emergency as defined in the Public Health Act, the Minister may by order authorize a person or category of persons to perform one or more restricted activities subject to any terms or conditions the Minister may prescribe.
1.6(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 and is authorized to perform it by the regulations,
(ii) is authorized to perform it by a regulation under section 1.4,
(iii) is authorized to perform it by an order under section 1.5, or
(iv) is authorized to perform it by another enactment, or
(v) has the consent of, and is being supervised by, a regulated member described in clause (a)(i),
(b) there are standards of practice adopted by the council of the college of the regulated member respecting
(i) how a regulated member performs the restricted activity,
(ii) who may be permitted to perform the restricted activity under the supervision of a regulated member, and
(iii) how a regulated member must supervise persons who provide restricted activities under the regulated member’s supervision.
(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.
(1.7)(1) A person who contravenes section 1.6 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 Part may not be commenced more than 2 years after the date on which the alleged offence occurs.
Burden of Proof
(1.8) In a prosecution under this Part, the burden of proving that a person was authorized to perform a restricted activity by section 1.6(1) is on the accused.
(1.9) The Court of Queen’s Bench, on application by a person authorized by the Minister, may grant an injunction enjoining any person from doing any act that contravenes section
(1.6) despite any penalty that may be provided by section 1.7 in respect of that contravention.