Updating the Appeal Process for Psychologists
The Psychologists Regulations Amendment (N.S. Reg. 106/2023) introduces changes to the regulations governing the practice of psychology in Nova Scotia. These amendments follow a report from the Minister of Health and Wellness dated June 24, 2022. The recent amendments focus on streamlining the appeal process for registration decisions, enhancing fairness and clarity for applicants.
The amendments include various structural updates and introduce new sections that specifically address the appeal of registration decisions. Notably, the original Sections 14 to 16 have been renumbered to 13 to 15, with new sections added from 17 to 29 to outline the appeal process in detail. An appeal is defined as a review of a registration decision, with the appellant being the person seeking this review. A Registration Appeal Committee has been established, consisting of at least two registered psychologists and one external member who is neither affiliated with the Board nor a registered psychologist.
For committee operations, a quorum of three members is required to make decisions, which must be determined by majority vote. Importantly, members involved in the initial registration decision cannot participate in the appeal to ensure impartiality. Appeals must be filed in writing with the Registrar within 30 days of the applicant receiving the decision. The appeal must outline the grounds for contesting the registration decision and include a fee, which will be refunded if the appeal is successful.
The committee has the discretion to decide whether hearings are held in person or via telecommunication. Appellants are entitled to legal representation and should receive access to relevant information before the hearing. The committee possesses broad powers to manage procedures, including the ability to waive notice requirements for meetings and to impose publication bans if necessary. They can accept various forms of evidence and may adjourn or postpone proceedings as needed.
After the hearing concludes, the Registration Appeal Committee is responsible for promptly rendering a binding decision, which will represent the final word on the matter. The committee may impose conditions on registration; however, appellants are generally not entitled to recover costs related to the appeal process.
These amendments reflect a commitment to improving the transparency and accessibility of the registration process for psychologists in Nova Scotia. By establishing a clear and structured appeal process, the regulations aim to protect the rights of applicants and allow for adequate challenges to decisions made by the Board. This approach also fosters greater public confidence in the regulatory framework governing psychological practice.
The amendment’s intention is to improve the regulatory environment in the field of psychology in Nova Scotia by ensuring that applicants have a fair opportunity to contest decisions affecting their professional careers.
Nova Scotia 106/2023 June 20, 2023