Practice of Medicine Regulation

Practice of Medicine Regulation, M.R. 162/2018 The Regulated Health Professions Act , C.C.S.M. c. R117 Regulation 162/2018 Registered December 3, 2018 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Designation 3 Scope of practice 4 College 5 Member may practise medicine 6 Reserved acts 7 Council 8 Members of the council 9 Officers 10 Committee members 11 Complaints, investigations, inquiries and investigation committee decisions and appeals 12 Registration in new membership class, specialist register 13 Certificate of practice 14 Medical corporation permit 15 Practitioner profile 16 Continuing professional development requirements 17 Accredited facilities 18 Approval to prescribe drugs 19 Coming into force Definitions 1 The following definitions apply in this regulation. "Act" means The Regulated Health Professions Act . («  Loi  ») "college" means the College of Physicians and Surgeons of Manitoba. (« Ordre ») "competent" , in relation to the performance of a reserved act, means that a member has the requisite knowledge, skill and judgment to perform that act. (« compétent ») "council" means the council of the college. (« conseil ») "former Act" means The Medical Act . (« loi antérieure ») "former council" means the council of the college established under the former Act. (« conseil antérieur ») "former regulation" means the Registration of Medical Practitioners Regulation , Manitoba Regulation 25/2003. (« règlement antérieur ») "Manitoba Medical Register" means the Manitoba Medical Register referred to in clause 6(1)⁠(a) of the former Act. (« registre médical du Manitoba ») "registrar" means the registrar of the college. (« registraire ») "supplemental personnel list" means a list of individuals who were members or former members under the former Act that was maintained by the registrar under the former Act. (« liste du personnel de réserve ») Designation 2 Medicine is designated as a regulated health profession for the purposes of the Act. Scope of practice of medicine 3 The scope of practice of medicine is the application of medical knowledge, skill and judgment for (a) the assessment and management of a physical, mental or psycho-social disease, disorder, injury or condition of an individual or group of individuals at any stage of the biological life cycle, including the prenatal and postmortem periods; (b) the prevention and treatment of physical, mental or psycho-social diseases, disorders, injuries and conditions; and (c) the promotion of good health. College 4 The College of Physicians and Surgeons of Manitoba under the former Act is continued under clause 8(b) of the Act as the College of Physicians and Surgeons of Manitoba for the regulated health profession of medicine. Member may practise medicine 5(1) Subject to the Act and the regulations and any conditions on the member's certificate of registration or certificate of practice, he or she may engage in the practice of medicine. But in doing so, the member may not act beyond the scope of practice of medicine. 5(2) In this section and in section 6, "member" means a regulated member or regulated associate member of the college. Reserved acts 6(1) In the course of engaging in the practice of medicine, a member is authorized — subject to the regulations made by the council and any conditions on his or her certificate of registration or certificate of practice — to perform the reserved acts referred to in section 4 of the Act. 6(2) Despite subsection (1), a member may only perform a reserved act that he or she is competent to perform and that is safe and appropriate to the clinical circumstance. TRANSITION Council 7(1) The former council is continued as the council of the college under The Regulated Health Professions Act. 7(2) The council's ability to act under subsection 12(2) of The Regulated Health Professions Act is not affected or impaired while the composition of the council changes from the composition under the former Act to the composition as set out under subsection 180(1) of The Regulated Health Professions Act even if a greater number of council members than is permitted under subsection 180(1) of that Act will be elected in 2020. 7(3) The college's by-laws made under the former Act that are in force on the coming into force of this regulation are deemed to be the college's by-laws made under The Regulated Health Professions Act until they are amended or repealed under The Regulated Health Professions Act . Members of the council 8(1) Each person who was selected, appointed or elected to the former council and whose term of office had not expired on the coming into force of this regulation is deemed to be selected, appointed or elected, as the case may be, as a member of the council for a term that is equal to the unexpired portion of his or her term on the former council. 8(2) Despite subsection (1), the term of an associate member elected to the former council and whose term of office has not expired on the coming into force of this regulation is deemed to expire on the day of the first annual general meeting of the council that is held after the coming into force of this regulation. 8(3) To avoid doubt, the college's by-laws respecting council membership under The Regulated Health Professions Act apply to the members of the council deemed to be selected, appointed or elected under subsection (1). Officers 9 Each officer appointed under section 34 of the former Act is deemed to be an officer under The Regulated Health Professions Act . Committee members 10 Each member of a committee appointed under the former Act is deemed to be appointed a member of a committee under The Regulated Health Professions Act for a term that is equal to the unexpired portion of the member's term under the former Act. Complaints, investigations, inquiries and investigation committee decisions and appeals 11(1) A complaint that was made or an investigation that was commenced under the former Act and that was not referred to the inquiry committee before the coming into force of this regulation is to be dealt with under The Regulated Health Professions Act . 11(2) A matter that was referred to the inquiry committee before the coming into force of this regulation must be concluded under the former Act as if The Regulated Health Professions Act had not come into force. 11(3) An appeal to the appeal committee of a decision of the investigation committee that was commenced but not concluded before the coming into force of this regulation must be concluded under the former Act as if The Regulated Health Professions Act had not come into force. 11(4) A matter referred back to the investigation committee for further consideration under clause 51(3)⁠(c) of the former Act must be concluded under the former Act as if The Regulated Health Professions Act had not come into force. 11(5) An appeal that was commenced under subsection 51.2(1) of the former Act but not concluded before the coming into force of this regulation must be concluded under the former Act as if The Regulated Health Professions Act had not come into force. Registration in new membership class, specialist register 12(1) An individual registered under the former Act as set out in Column 1 of a table in the Schedule on the day before the coming into force of this regulation is deemed to be registered as a member under The Regulated Health Professions Act in the class opposite in Column 2 of the table. 12(2) A certificate of registration under The Regulated Health Professions Act issued for an individual referred to in subsection (1) is deemed to be issued with the same terms and conditions that were attached to the individual's registration under the former Act. 12(3) As an exception to subsection (1), the registrar may, for an individual who was registered under the former Act as set out in Column 1 of a table in the Schedule on the day before the coming into force of this regulation, approve his or her registration in a class under The Regulated Health Professions Act that is different from the class listed opposite in Column 2 of the table if that listed class is not appropriate given the terms and conditions of the individual's registration under the former Act. 12(4) An individual who was registered on the specialist register under the former Act on the day before the coming into force of this regulation is deemed to be registered as a member on the specialist register established under The Regulated Health Professions Act . 12(5) An application for registration made under the former Act but not completed before the coming into force of this regulation must be dealt with under The Regulated Health Professions Act . If the applicant does not meet the requirements for registration in a particular class under that Act but would have met the requirements for registration under the former Act, the registrar may approve the application's registration in the appropriate class. 12(6) Sections 38 and 39 of The Regulated Health Professions Act apply, with necessary changes, to the registrar's approval decision under subsection (3) or (5). 12(7) An individual who was enrolled in the Manitoba Practice Assessment Program under the former Act and who had not completed the program by the day before the coming into force of this regulation is deemed to be enrolled in the Manitoba Practice Assessment Program under The Regulated Health Professions Act with the same terms and conditions imposed on his or her enrollment under the former Act. 12(8) An individual who was registered under the former Act on the day before the coming into force of this regulation may use his or her registration and continuous two-year time period spent practising medicine under the former Act for the purpose of determining the two-year time period for provisional (MPAP) membership under The Regulated Health Professions Act . Certificate of practice 13(1) An individual who held a valid and subsisting licence issued under section 14 of the former Act on the day before the coming into force of this regulation is deemed to hold a certificate of practice under The Regulated Health Professions Act until the first renewal date after the coming into force of this regulation. 13(2) A certificate of practice referred to in subsection (1) is deemed to be issued with the same terms and conditions that were attached to the individual's licence under the former Act. Medical corporation permit 14(1) A corporation that held a licence issued under subsection 22(1) of the former Act on the day before the coming into force of this regulation is deemed to be the holder of a medical corporation permit under The Regulated Health Professions Act until the first renewal date after the coming into force of this regulation. 14(2) A medical corporation permit referred to in subsection (1) is deemed to be issued with the same terms and conditions that were attached to the corporation's licence issued under the former Act. Practitioner profile 15 An individual's physician profile established under the former Act is deemed to be his or her practitioner profile made under The Regulated Health Professions Act until it is changed or revised under that Act. Continuing professional development requirements 16(1) An individual who was a licensed member under the former Act may use (a) continuing professional development hours accumulated in the five-year period before the coming into force of this regulation; and (b) any evidence of the individual's compliance with the continuing professional development requirements under the former Act kept during that time period; to satisfy the continuing education requirements for members under The Regulated Health Professions Act for the renewal of the individual's certificate of practice for up to five renewal applications submitted after the coming into force of this regulation. 16(2) An individual (a) who was a licensed member under the former Act; and (b) who was granted an exemption from the requirement to participate in the physician achievement review program under subsection 13.2(5) of the former regulation; is deemed to be exempt from the requirement to participate in the quality improvement program under The Regulated Health Professions Act on the same terms and conditions. 16(3) An individual (a) who was a licensed member under the former Act; and (b) who was granted an extension to participate in the physician achievement review program under subsection 13.2(6) of the former regulation; is deemed to be granted an extension to participate in the quality improvement program under The Regulated Health Professions Act on the same terms and conditions. Accredited facilities 17(1) A facility that held, on the day before the coming into force of this regulation, a certificate of accreditation issued under By-law 3 or 3D made under the former Act is deemed to be the holder of a certificate of accreditation issued under a by-law made under subsection 183(3) of The Regulated Health Professions Act . 17(2) A certificate of accreditation referred to in subsection (1) is deemed to be issued with the same terms and conditions that were attached to the facility's certificate issued under the former Act. 17(3) An application for accreditation made under the former Act but not completed before the coming into force of this regulation must be dealt with under The Regulated Health Professions Act. Approval to prescribe drugs, etc. 18(1) A pre-qualification medical student who held, on the day before the coming into force of this regulation, a valid approval to prescribe drugs and vaccines issued under section 12.1 of the former regulation is deemed to be the holder of a valid authorization under The Regulated Health Professions Act . 18(2) An authorization is deemed to be issued with the same terms and conditions that were attached under the former regulation. Coming into force 19 This regulation comes into force on the same day that section 179 of The Regulated Health Professions Act, S.M. 2009, c. 15, comes into force. SCHEDULE (Subsection 12(1)) Regulated membership Column 1 The Medical Act Column 2 The Regulated Health Professions Act an individual registered on the Manitoba Medical Register as full — category 1 or full — category 2 full (practising) an individual registered on the Manitoba Medical Register as full (non-practising) or listed on the supplemental personnel list as non-practising full (non-practising) an individual registered as a physician on the Manitoba Medical Register under section 64 of the former Act provisional (academic — s. 181 faculty) an individual registered on the Manitoba Medical Register as a visiting professor provisional (academic — visiting professor) an individual registered on the Manitoba Medical Register under section 10 of the former regulation, or on the Educational Register, who meets the requirements for the provisional (academic-post-certification trainee) class provisional (academic — post-certification trainee) an individual registered on the Manitoba Medical Register as a conditional member in speciality field (category 2) provisional (specialty practice-limited) an individual registered on the Manitoba Medical Register as a conditional member in family medicine (category 1) provisional (family practice-limited) an individual registered on the Manitoba Medical Register as a temporary-MPAP member provisional (MPAP) an individual listed as a physician on the supplemental personnel list who is employed by the Government of Canada or the Canadian military provisional (restricted purpose) an individual registered on the Manitoba Medical Register and working under a locum arrangement provisional (temporary — locum) an individual registered on the Manitoba Medical Register and appointed as a public health officer under The Public Health Act provisional (public health officer) an individual registered on the Manitoba Medical Register under section 10 of the former regulation provisional (transitional) an individual conditionally registered on the Manitoba Medical Register and who has been granted an extension pursuant to section 7.1 of the former regulation provisional (transitional) an individual conditionally registered on the Manitoba Medical Register as non-practising or listed on the supplemental personnel list as non-practising provisional (non-practising) an individual registered on the Manitoba Medical Register, or listed on the supplemental personnel list, who is retired from the practice of medicine retired (physician)