SNL2011 CHAPTER M-4.02 - MEDICAL ACT, 2011

SNL2011 CHAPTER M-4.02 MEDICAL ACT, 2011 Amended: 2012 c35 s11; 2012 cP-12.2 s64; 2013 c16 s25; 2014 c7 s11; 2018 cC-5.2 s29; 2022 c6; 2022 c21 s38; 2022 cP-30.1 s52; 2022 c21 (s12 not in force); 2024 cP-12.3 s74; 2024 c20; 2024 c22 CHAPTER M-4.02 AN ACT RESPECTING THE PRACTICE OF MEDICINE IN THE PROVINCE (Assented to May 31, 2011) Analysis 1. Short title 2. Definitions PART I MEDICAL ASSOCIATION 3. Association continued 4. Objects 5. Application of Corporations Act 6. Membership PART II THE COLLEGE 7. College continued 8. Objects of the college 9. Council of college 10. Annual meeting 11. College officers 12. Quorum 13. Powers of council 14. Appointment of committees 15. By-laws 16. Regulations 17. Fees PART III LICENSING AND REGISTRATION 18. Medical registration 19. Registration of specialists 19.1 Provisional registration 19.2 Associate registration 19.3 Clinical assistant registration 19.4 Physician assistant registration 20. Education register 21. Registers 22. Statements may require attestational oath or affirmation 22.1 Registration and licensing decision appeal to council 23. Registration and licensing decision appeal to Supreme Court 24. Medical licence 24.1 Physician assistant licence 25. Rep. by 2022 c21 s10 26. Examination of applicants 27. Agreements 27.1 Registration and licensure exemption 28. Validity of certificates 29. Continuing professional development PART IV PROFESSIONAL MEDICAL CORPORATIONS 30. Definitions 31. Professional corporation 32. Corporate register 33. Annual licence 34. Revocation of licence 35. Refusal to register or issue licence 36. Effect of incorporation 37. Liability of medical practitioner 38. Misconduct of a professional medical corporation PART V DISCIPLINE 39. Definitions 40. Committees 41. Report by member 42. Allegation 43. Effect of filing allegation 44. Complaints authorization committee 45. Adjudication tribunal 46. Hearing 47. Copies of books, etc. as evidence 48. Guilty plea by respondent 49. Powers of adjudication tribunal 50. Filing and publication of decisions 51. De-registration and suspension 52. Failure to comply 53. Reinstatement and readmission 54. Costs of the college 55. Collection of fine 56. Appeal PART VI PEER ASSESSMENT 57. Peer assessment committee 58. Agreement 59. Peer assessment program 60. Assessors 61. Assessment 62. Report and compliance 63. Costs 64. Termination of assessment 65. Rep. by 2024 c22 s32 66. Disclosure of information not required 67. Other documents 68. Evidence in disciplinary matter PART VII QUALITY ASSURANCE 69. Quality assurance committee 70. Duty to comply 71. Conduct of review 72. Costs 73. Termination of review PART VIII MISCELLANEOUS 74. Emergency treatments: liability 75. Disclosure of information 76. Protection from liability 77. Other prescription practices 78. Conflicting legislation 79. Offence PART IX TRANSITION, REPEAL AND COMMENCEMENT 80. Transition 81. SNL2005 cM-4.01 Rep. 82. NLR 29/00 Rep. 83. Commencement Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows: Short title 1. This Act may be cited as the Medical Act, 2011. 2011 cM-4.02 s1 Back to Top Definitions 2. In this Act (a.01) "advisory committee" means the advisory committee established under section 29.1; (a) "assessment" means an assessment directed by the peer assessment committee under the peer assessment program; (b) "assessor" means an assessor appointed by the peer assessment committee under section 60 ; (c) "association" means the Newfoundland and Labrador Medical Association referred to in section 3 ; (d) "college" means the college continued under section 7 ; (e) "council" means the council referred to in section 9 ; (e.1) "elected member" means a member elected in accordance with paragraph 9(1)(a ); (e.2) "health region 1" means the health region referred to in paragraph 6(a) of the Provincial Health Authority Regulations ; (e.3) "health region 2" means the health region referred to in paragraph 6(b) of the Provincial Health Authority Regulations ; (e.4) "health region 3" means the health region referred to in paragraph 6(c) of the Provincial Health Authority Regulations ; (e.5) "health region 4" means the health region referred to in paragraph 6(d) of the Provincial Health Authority Regulations ; (e.6) "health region 5" means the health region referred to in paragraph 6(e) of the Provincial Health Authority Regulations ; (e.7) "learner" means a person registered on the education register; (f) "licence" means (i) a medical licence, or (ii) a physician assistant licence; (f.1) "medical licence" means a licence issued under section 24 to engage in the practice of medicine; (g) "medical practitioner" means a person who (i) is registered under section 18, 19.1, 19.2 or 19.3 and holds a medical licence, or (ii) was registered under section 18, 19.1, 19.2 or 19.3 and held a medical licence; (h) "medical regulatory authority" means a medical regulatory authority that has powers and duties substantially the same as those of the college; (i) "medical societies" means a medical society or medical association of a province or territory of Canada ; (j) "minister" means the minister appointed under the Executive Council Act to administer this Act; (k) "peer assessment committee" means a committee established under section 57 ; (l) "peer assessment program" means the peer assessment program established under section 59 ; (l.1) "pharmacy network" means the component of the province-wide electronic health record that allows authorized health care providers to contribute to and access patient medication profiles in real-time; (l.2) "physician assistant" means a person who is or was registered under section 19.4 and holds or has held a physician assistant licence; (l.3) "physician assistant licence" means a licence issued under section 24.1 to engage in the practice of physician assisting; (m) "practice of medicine" means the practices and procedures usually performed by a medical practitioner and includes (i) assessing, diagnosing, and treating disease, disorder, and dysfunction in an individual, (ii) promoting health and prevention of illness and injury, and (iii) performing other practices and procedures as taught in undergraduate and post-graduate medical education and training approved by the council; (m.1) "practice of physician assisting" means the use of physician assisting knowledge, theory and skill to assist a medical practitioner in the practice of medicine; (n) "professional medical corporation" means a corporation that is permitted by this Act to provide the services of a medical practitioner; (o) "record" means a record of information in any form, and includes information that is written, photographed or stored in any manner, but does not include a computer program or a mechanism that produced records on any storage medium; (p) "register" includes the medical register, education register, provisional register, associate register, clinical assistant register, physician assistant register, corporate register and any other register established by the council in accordance with the by-laws; and (q) "registrar" means the person appointed as registrar under subsection 11(2). 2011 cM-4.02 s2 ; 2022 c21 s1 ; 2024 c22 s1 PART I MEDICAL ASSOCIATION Back to Top Association continued 3. The Newfoundland and Labrador Medical Association is continued as a corporation without share capital for the purposes of Part XXI of the Corporations Act . 2011 cM-4.02 s3 Back to Top Objects 4. The objects of the association are (a) to promote and advance medical and related arts and sciences in all their branches, to increase the knowledge, skill, standard and proficiency of its members in the practice of medicine, and to maintain the honour and integrity of the medical profession; (b) to help in the furtherance of measures designed to improve health and prevent disease and disability; (c) to co-operate with and to help public and private medical associations, agencies and commissions properly engaged in the task of providing or financing medical and health services of all kinds; (d) to promote measures designed to improve standards of hospital and medical services; and (e) to improve the welfare and social standards of its members and encourage the co-operation of its members in the protection of their legal and equitable rights. 2011 cM-4.02 s4 Back to Top Application of Corporations Act 5. (1) Notwithstanding its continuation as a corporation under this Act, the Corporations Act applies to the association and it shall be governed by that Act for all purposes, including a change of name of the association. (2) In addition to its powers and duties under subsection (1), the association may (a) act as an agent within the province for the Canadian Medical Association, or another association recognized as representing medical practitioners in Canada, and to collect and remit fees levied by that association; and (b) act on behalf of its members or a group or section or division of its members, and negotiate for, and on their behalf, with other persons or agencies, including government agencies. 2011 cM-4.02 s5 Back to Top Membership 6. (1) All medical practitioners who hold a medical licence shall be members of the association notwithstanding anything contained in the by-laws. (2) The association may charge fees for membership in the association. (3) Where the association charges a fee for membership all medical practitioners referred to in subsection (1) who pay the fee established by the association shall have full voting rights notwithstanding anything contained in the by-laws. (4) Where the association charges a fee for membership and a medical practitioner referred to in subsection (1) does not pay the fee the association may notify the college of that medical practitioner's failure to pay the fee. 2011 cM-4.02 s6 ; 2024 c22 s2 PART II THE COLLEGE Back to Top College continued 7. (1) The College of Physicians and Surgeons of Newfoundland and Labrador is continued as a corporation without share capital for the purpose of Part XXI of the Corporations Act . (2) All persons who hold a licence issued under this Act are members of the college. 2011 cM-4.02 s7 Back to Top Objects of college 8. (1) The college is authorized to regulate (a) the practice of medicine and the medical profession in the public interest; and (b) the practice of physician assisting and the physician assistant profession in the public interest. (2) The objects of the college include (a) the promotion of (i) high standards of practice, and (ii) continuing competence and quality improvement; (b) the registration and licensing of medical practitioners, learners and physician assistants; (c) the establishment, maintenance and development of standards for the practice of medicine and the practice of physician assisting; (d) responding to and managing complaints and discipline related to the practice of medicine and the practice of physician assisting; (e) establishing and maintaining a quali ty assurance program; (f) the enforcement of standards of conduct; and (g) ensuring that the public interest is protected in all matters relating to the practice of medicine and the practice of physician assisting. 2011 cM-4.02 s8 ; 2024 c22 s3 Back to Top Council of college 9. (1) The council shall consist of (a) 7 persons who are either medical practitioners or physician assistants who (i) hold a current licence, and (ii) are elected in accordance with subsection (1.1) by secret ballot in accordance with the by-laws; (b) one person appointed by the minister who shall not be a medical practitioner or physician assistant, who is suitable to represent the public interest; (c) 2 persons appointed by the council who shall not be medical practitioners or physician assistants, who are suitable to represent the public interest; (d) one person appointed by the minister who shall be appointed from a list of not less than 3 nominees submitted by the Faculty of Medicine of Memorial University; (e) 2 medical practitioners appointed by the minister, both of whom shall be appointed from a list of not less than 4 nominees submitted by the association; and (f) one person appointed by the minister who is a graduate of a school of medicine or osteopathy approved by the council who is engaged in post-graduate medical training approved by the council, who shall be appointed from a list of not less than 3 nominees submitted by the Professional Association of Residents of Newfoundland and Labrador. (1.1) For the purposes of subparagraph (1)(a)(ii), (a) 3 medical practitioners or physician assistants shall be elected from health region 1; (b) one medical practitioner or physician assistant shall be elected from health region 2; (c) one medical practitioner or physician assistant shall be elected from health region 3; (d) one medical practitioner or physician assistant shall be elected from health region 4; and (e) one medical practitioner or physician assistant shall be elected from health region 5. (1.2) Notwithstanding subsection (1.1), where no medical practitioners or physician assistants in a health region agree to be considered for election, a medical practitioner or physician assistant from another health region may be elected in place of a medical practitioner or physician assistant from that health region. (2) Where a vacancy occurs in the membership of the council as a result of the death, retirement, resignation or incapacity to act of that member, the vacancy shall be filled (a) in the case of an elected member, by secret ballot in accordance with the by-laws; and (b) in the case of another member, by appointment in the manner provided in paragraph (1)(b) to (f). (3) When a vacancy is filled under subsection (2), the person filling the vacancy shall serve only for the remainder of the term of office of the member being replaced, and that person is eligible for re-election or reappointment. (4) A member of the council shall be elected or appointed for a term of 3 years and is eligible for re-election or re-appointment, but a member shall not serve on the council for a continuous period exceeding 9 years. (5) Notwithstanding subsection (4), (a) an elected member is eligible for appointment to the council under paragraph (1)(e); and (b) a member appointed under paragraph (1)(e) is eligible for election as an elected member, notwithstanding that the period of membership may be for a continuous period exceeding 9 years. (6) Where the term of office of a member of the council expires and a successor has not been elected or appointed, that member may continue to hold office until a successor is elected or appointed but time served by that member under this subsection shall not be counted for the purpose of subsection (4). (7) The council governs the college and may exercise the powers of the college in the name and on behalf of the college. (8) A decision or action of the council under this Act whether that decision was made before or after the coming into force of this subsection, is not invalid or ineffective by reason only of a defect or invalidity in the (a) regulatory requirement concerning the election of council members; (b) regulatory requirement concerning the qualifications of a council member; or (c) constitution of the council. 2011 cM-4.02 s9 ; 2024 c22 s4 Back to Top Annual meeting 10. (1) The college shall hold an annual general meeting at a time and place in the province that the council may determine, and may hold other meetings during each year within St. John's upon the request of the chairperson, or the registrar, or of 3 members of the council. (2) At its annual general meeting the college shall (a) appoint an auditor to audit the accounts of the college and to report on the financial statements of the college; and (b) consider and vote on those other matters required by the by-laws. (3) The council shall prepare and submit to the minister before July 1 (a) a report on the activities of the college; and (b) the college's audited financial statements. (4) The report referred to in paragraph (3)(a) shall contain statistics respecting the frequency and circumstances of access to patient records without patient consent under section 71. (5) The minister shall publish the annual report on the Health and Community Services website. (6) Where the council has a website, the council shall publish the annual report on its website in a manner that the annual report may be accessed by a member of the public. (7) Where the council fails to comply with subsection (3), (4) or (6), the college is guilty of an offence and is liable upon summary conviction to a fine of $1,000. 2011 cM-4.02 s10 ; 2012 c35 s11 Back to Top College officers 11. (1) At a meeting for the purpose, held in accordance with the by-laws, the council shall elect from its members (a) a chairperson who shall preside over meetings of the college and the council; and (b) a vice-chairperson who shall, in the absence of the chairperson, preside over meetings of the college and the council. (2) The council shall appoint a person to be registrar and another person to be a deputy registrar, either from among the members of the council or from outside the council, and where the registrar or deputy registrar is not an elected member the registrar or deputy registrar shall not have a vote. (3) The council may appoint one or more persons as assistant registrars and may assign them duties which may include duties assigned to the registrar by this Act. (4) The registrar and the deputy registrar are, by virtue of their offices, members of the council where they are appointed from outside the council and in that case they are not subject to subsection 9 (4). (5) Where the registrar and deputy registrar are appointed from among the members of the council they may, with the approval of the minister, be exempted from subsection 9 (4). (6) The registrar shall carry out the duties imposed upon the registrar by this Act and shall control all matters relating to the finances of the college, including the receipt of all money paid to the college, and the making of disbursements on behalf of the college. (7) The deputy registrar may carry out the duties and functions of the registrar where the registrar is absent or unable to act or where they are assigned to the deputy registrar by the council. (8) At meetings of the council, each member of the council shall have one vote and in the case of a tie, the chairperson or, in the absence of the chairperson, the vice-chairperson shall have a second or casting vote. (9) Except where prohibited in the by-laws, a member of the council may, where all the members of the council consent, participate in a meeting of the council by means of the telephone or other telecommunication device that permits all persons participating in the meeting to communicate with each other. 2011 cM-4.02 s11 ; 2022 c21 s2 ; 2024 c22 s5 Back to Top Quorum 12. A quorum of the council is 50% plus one member, at least 2 of whom shall be members appointed to represent the public interest. 2011 cM-4.02 s12 ; 2024 c22 s6 Back to Top Powers of council 13. (1) The council shall govern the college, administer its affairs and exercise in the name and on behalf of the college the powers, privileges and rights of the college. (2) The council may delegate duties to an employee whenever it considers it necessary or desirable to do so. (3) The council may (a) appoint delegates or representatives of the college to represent the college and authorize their expenses; (b) employ persons on behalf of the college, prescribe their duties and establish and pay compensation and benefits; (c) provide for inquiries, investigations, inspections and audits for the purpose of ascertaining compliance with this Act or the regulations; (d) prescribe the consequences of non-compliance with this Act or regulations; and (e) enter into agreements with bodies similarly constituted and having similar objects and authority respecting the recognition of the registration and licensing of medical practitioners, learners and physician assistants in each other's jurisdictions. 2011 cM-4.02 s13 ; 2024 c22 s7 Back to Top Appointment of committees 14. (1) The council may appoint committees and establish the duties and responsibilities of the committees. (2) The council may delegate a duty or power given it by this Act to a committee. (3) An action or decision of a committee to which the council delegates a duty or power is considered to be the action or decision of the council. 2011 cM-4.02 s14 Back to Top By-laws 15. (1) The council may make by-laws (a) providing for the holding and procedure of its and the college's meetings; (b) providing for a quorum for a meeting of the college and the matters of business that may be addressed and voted on at a meeting of the college; (c) providing for the election of members of the council under paragraph 9 (1)(a ); (d) respecting the participation of members of the council in a meeting of the council by telephone or other telecommunications device under subsection 11 (9); (e) providing for the types of registers to be kept by the registrar and the maintenance, form and contents of them; (f) respecting the remuneration, and allowances payable to members of the council for attending meetings and for carrying out the functions of the council under this Act, with power to prescribe different rates for different members and different functions; (g) respecting the appointment, termination and duties of staff; (h) respecting the remuneration and payment of travel expenses of members of committees and adjudication tribunals; (i) establishing a code of ethics; (i.1) defining the following terms for the purposes of sections 39 to 56: (i) professional misconduct, (ii) conduct unbecoming, (iii) professional incompetence, and (iv) incapacity or unfitness to practise; (i.2) establishing standards governing the practice of medicine and the practice of physician assisting, including standards of professional competence and of capacity and fitness to practise; (i.3) establishing rules respecting methods of advertising; (j) providing for voting at meetings of the college and the council; (k) respecting the term of certificates and licences; (l) respecting the information and verification of information required of applicants for registration or licensing; (m) providing for the manner in which a matter may be determined to be satisfactory to the council, and the manner in which a matter may be approved by the council; (n) recognizing medical schools, including osteopathic medical schools, courses and examinations for the purposes of (i) registration under section 18, 19.1, 19.2 and 19.3 except for the purposes of registration under subsection 19.1(2), and (ii) licensing under section 24; (n.1) recognizing schools, courses and examinations for the purposes of registration under section 19.4 and licensing under section 24.1; and (o) generally, to assist in the administration of this Act and the regulations. (2) A by-law may be made, amended or repealed at a meeting of the council if 30 days notice, or the shorter period to which members of the council may consent, is given of the intention to make, amend or repeal a by-law, and of the meeting, to the members of the council. (3) The council shall have the by-laws available for inspection by the public on reasonable notice and at reasonable hours. 2011 cM-4.02 s15 ; 2022 c21 s3 ; 2024 c22 s8 Back to Top Regulations 16. (1) The council may, with the approval of the minister, make regulations respecting (a) the conduct of inquiries, investigations, inspections and audits for the purpose of determining compliance with the Act or regulations; (b) the conduct and nature of examinations, including the subjects for examinations; (c) the registration of persons under this Act other than persons entitled to be registered under subsection 19.1(2); (d) the requirement of persons licensed to practise medicine or physician assisting or admitted on to a register to carry professional liability insurance or other liability protection; (e) the temporary registration and licensing of medical practitioners, learners and physician assistants for particular purposes including the undertaking of special projects or procedures which, in the opinion of the council, warrant that temporary registration and licensing; (f) the requirements, including education and practice experience requirements for the licensing and registration of medical practitioners, learners and physician assistants, with power to adopt requirements set by recognized medical bodies or associations of Canada; (g) the circumstances under which a waiver of registration and licensing or of a registration or licensing requirement may be made for a particular purpose; (h) the scope of practice and the terms and conditions of a licence under subsection 24 (3) and 24.1(2); (i) the terms and conditions on which licences may be issued, granted or renewed; (i.1) the exemption of persons or category of persons for the purposes of section 27.1; (j) [Rep. by 2022 c21 s4] (k) the registration and annual licensing of professional medical corporations; (l) post-graduate training; (m) the quality assurance program referred to in subsection 69 (2); (n) continuing professional development and remedial education for medical practitioners and physician assistants; (o) [Rep. by 2022 c21 s4] (p) the collection, use and disclosure of records containing personal health information as defined in the Personal Health Information Act obtained in the context of a quality assurance review undertaken under section 71 ; (q) the monitoring and verification of medical practitioner, learner and physician assistant prescribing practices; (r) alternative dispute resolution for the purposes of section 44 and the procedure for that resolution; (s) time limits for events in the disciplinary process in sections 39 to 56 , including time limits for (i) the filing of an allegation, (ii) the resolution of an allegation by the registrar, (iii) the conduct of an investigation under section 44 , (iv) consideration of an allegation by the complaints authorization committee following completion of an investigation, (v) responding to a complainant and respondent at each stage of the process, (vi) the conduct of a practice review under paragraph 44 (1)(b) or an investigation under paragraph 44 (1)(d), (vii) the appointment of an adjudication tribunal under section 45 , and (viii) the conduct of a hearing and the filing of a decision or order by an adjudication tribunal following completion of the hearing; (t) peer review and assessment of medical practitioners; (u) the appointment of the peer assessment committee under section 57 ; (v) agreements made under section 58 including required clauses for those agreements respecting peer assessment committees, cost sharing, budgets, reports, representation on the peer assessment committee, incorporation and the administration of the peer assessment committee and program; (w) the disclosure of information under section 75 , including (i) the purpose for which information shall be disclosed, (ii) the manner and time periods in which information shall be disclosed, and (iii) the persons to whom information shall be disclosed; and (x) generally to give effect to the purpose of this Act. (2) Notwithstanding subsection (1), the minister may make regulations to prescribe time limits for events in the disciplinary process under sections 39 to 56 where the council does not do so in a time period the minister considers reasonable. 2011 cM-4.02 s16 ; 2022 c21 s4 ; 2024 c22 s9 Back to Top Fees 17. (1) The council may set and collect fees for the purposes of this Act. (2) In setting fees the council shall ensure the fees are sufficient to enable it to perform its duties under this Act, to the extent practicable. (3) The council shall apply all fees collected by it to the performance of its duties. 2011 cM-4.02 s17 PART III LICENSING AND REGISTRATION Back to Top Medical registration 18. A person who (a) holds a medical degree granted by a medical school or an osteopathic medical school approved by the council; (b) has completed the post-graduate education and training approved by the council as qualifying a person for registration on the medical register; and (c) possesses the other qualifications and meets the other requirements that may be prescribed in the regulations as qualifying a person for registration on the medical register is entitled to be registered on the medical register upon payment of the fee for registration set by the council. 2011 cM-4.02 s18 ; 2022 c21 s5 Back to Top Rep.by 2022 c21 s6 19. [Rep. by 2022 c21 s6] 2022 c21 s6 Back to Top Provisional registration 19.1 (1) A person who (a) holds a medical degree granted by a medical school or an osteopathic medical school approved by the council; (b) has completed the post-graduate education and training approved by the council as qualifying a person for registration on the provisional register; and (c) possesses the other qualifications and meets the other requirements that may be prescribed in the regulations as qualifying a person for registration on the provisional register is entitled to be registered on the provisional register upon payment of the fee for registration set by the council. (2) In addition to a person referred to in subsection (1), a person who (a) holds a medical degree granted by a medical school or an osteopathic medical school prescribed in the regulations or located in a jurisdiction prescribed in the regulations; (b) is licensed to practice medicine in a jurisdiction prescribed in the regulations; and (c) possesses the other qualifications and meets the other requirements that may be prescribed in the regulations as qualifying a person for registration on the provisional register is entitled to be registered on the provisional register upon payment of the fee for registration set by the council. (3) The minister may prescribe by regulation a time period in which registration under subsection 19.1(2) expires. 2022 c21 s7 Back to Top Associate registration 19.2 A person who (a) holds a medical degree granted by a medical school or an osteopathic medical school approved by the council; (b) has completed the post-graduate education and training approved by the council as qualifying a person for registration on the associate register; and (c) possesses the other qualifications and meets the other requirements that may be prescribed in the regulations as qualifying a person for registration on the associate register is entitled to be registered on the associate register upon payment of the fee for registration set by the council. 2022 c21 s7 Back to Top Clinical assistant registration 19.3 A person who (a) holds a medical degree granted by a medical school or an osteopathic medical school approved by the council; (b) has completed the post-graduate education and training approved by the council as qualifying a person for registration on the clinical assistant register; and (c) possesses the other qualifications and meets the other requirements that may be prescribed in the regulations as qualifying a person for registration on the clinical assistant register is entitled to be registered on the clinical assistant register upon payment of the fee for registration set by the council. 2022 c21 s7 Back to Top Physician assistant registration 19.4 A person who (a) has completed a post-secondary program in physician assisting and training approved by the council as qualifying a person for registration on the physician assistant register; and (b) possesses the other qualifications and meets the other requirements that may be prescribed in the regulations as qualifying a person for registration on the physician assistant register is entitled to be registered on the physician assistant register upon payment of the fee for registration set by the council. 2024 c22 s10 Back to Top Education register 20. (1) The registrar shall register in the education register (a) a person who is enrolled in a school of medicine in the province approved by the council and whose registration under this section is recommended by the Dean of Medicine in that school; (b) a person who is a graduate of a school of medicine or osteopathy approved by the council who is engaged in post-graduate medical training approved by the council; and (c) a person who is a graduate of a school of medicine or osteopathy approved by the council who is engaged in other medical education or training approved by the council. (2) The registration of a person under this section (a) may be made subject to the terms and conditions, including conditions as to the payment of fees, that the council may prescribe; and (b) confers upon the person registered, the right to practise medicine in the province, but only under supervision and direction of a medical practitioner. 2011 cM-4.02 s20 ; 2024 c22 s11 Back to Top Registers 21. (1) The registrar shall make the registers maintained by the council available for inspection by the public on reasonable notice and at reasonable times. (2) A copy of a register, certified by the registrar, is, in the absence of evidence to the contrary, evidence in a court that the persons whose names appear on the register are registered in the register in which their names appear, and the absence of the name of a person from the register is, in the absence of evidence to the contrary, evidence that the person is not registered in the register in which the name does not appear. 2011 cM-4.02 s21 Back to Top Statements may require attestational oath or affirmation 22. (1) The registrar may require an applicant for registration under this Act to witness upon oath or affirmation, before a commissioner for oaths, evidence required to satisfy the council for the purpose of registration of the applicant. (2) An entry shall not be made in a register, unless the registrar is reasonably satisfied that the facts upon which the entry is to be made are true, and the registrar may, and shall if directed in writing by an applicant for registration, submit a question arising under this subsection for the direction of the council. (3) An entry in a register that is proved to the satisfaction of the council to have been fraudulently or incorrectly made shall be deleted by the registrar from the register upon an order to that effect from the council. (4) A person registered under this Act shall notify the registrar of a change to the qualifications held by that person or of an entry made with respect to that person in a register and the registrar shall record that change with respect to that person in the register. 2011 cM-4.02 s22 Back to Top Registration and licensing decision appeal to council 22.1 (1) A person affected by a refusal by the registrar to register the person or to issue a licence to the person may appeal the decision to the council who may confirm the decision or direct the registrar to vary or reverse the decision. (2) The council may appoint a person or a committee to hear an appeal in place of the council. (3) A decision of a person or a committee appointed under subsection (2) is considered to be a decision of the council. 2024 c20 s1 Back to Top Registration and licensing decision appeal to Supreme Court 23. (1) A person affected by a decision of the council under section 22.1 may, within 30 days after receipt of the decision, appeal the decision to a judge of the Supreme Court by filing a notice of appeal with the court and serving a copy of the notice of appeal on the registrar. (2) Notwithstanding a rule or practice to the contrary, a notice of appeal shall (a) set out in detail the allegations of the appellant and the grounds upon which the refusal to register is appealed against; and (b) be signed by the appellant or the appellant’s solicitor. (3) The appellant shall within 14 days after service of a notice of appeal under this section, apply to the judge for the appointment of a day for the hearing of the appeal and shall not less than 14 days before the hearing serve upon the registrar a written notice of the day appointed for the hearing. (4) The registrar shall produce to the judge hearing the appeal all papers and documents in the possession of the council affecting the subject matter of the appeal. (5) The judge shall hear the appeal and the evidence brought forward by the appellant and the college, and shall decide the matter of the appeal by (a) upholding or revoking the refusal to register; or (b) making another decision or order which the judge considers to be appropriate, with power to make orders as to costs for or against the appellant or the college and to fix the amount of costs. (6) An appeal may be taken from an order or decision of the judge to the Court of Appeal upon a point of law raised at the hearing of the appeal, and the rules governing appeals to that court from an order or decision of a judge of the Supreme Court shall apply to appeals under this subsection. 2011 cM-4.02 s23 ; 2013 c16 s25 ; 2022 c21 s8 ; 2024 c20 s2 Back to Top Medical licence 24. (1) A person may apply for a medical licence to practise medicine in the province and the registrar shall issue the medical licence provided that (a) the person is registered on one of the following registers: ( i ) medical register, (ii) provisional register, (iii) associate register, (iv) clinical assistant register, and (v) education register; and (b) the person has met the requirements for licensure set out in this Act and the regulations. (2) Where the registrar issues a medical licence to a person, the registrar shall notify the association. (3) A person who receives a medical licence is only entitled to practise medicine in accordance with (a) the person's education and experience; and (b) the terms and conditions that the council may, subject to the regulations, attach to the medical licence. (4) A medical licence expires no later than one year after the date on which the medical licence was issued. (5) A medical practitioner is entitled to recover from a person, in a court of the province having jurisdiction to order payment from that person, reasonable charges for the provision of medical services by that medical practitioner. (6) Where a holder of a medical licence does not comply with one or more of the terms or conditions attached to the medical licence, the council may suspend or revoke the medical licence. (7) Where the association notifies the college that a medical practitioner referred to in subsection 6(1) has not paid the fee charged in accordance with subsection 6(2), the council shall revoke the medical practitioner's medical licence within 30 days of receipt of the notification. 2011 cM-4.02 s24 ; 2022 c21 s9 ; 2024 c22 s12 Back to Top Physician assistant licence 24.1 (1) A person may apply for a physician assistant licence to practise physician assisting in the province and the registrar shall issue the physician assistant licence provided that (a) the person is registered on the physician assistant register; and (b) the person has met the requirements for licensure set out in this Act and the regulations. (2) A person who receives a physician assistant licence under this section (a) shall be supervised by a medical practitioner; and (b) is only entitled to practise physician assisting in accordance with (i) the person's education and experience, and (ii) the terms and conditions that the council may, subject to the regulations, attach to the physician assistant licence. (3) A physician assistant licence expires no later than one year after the date the physician assistant licence was issued. (4) Where a holder of a physician assistant licence does not comply with one or more of the terms or conditions attached to the physician assistant licence, the council may suspend or revoke the physician assistant licence. (5) Only a physician assistant licensed under this Act is entitled to use the title or designation physician assistant. 2024 c22 s13 Back to Top Rep. by 2022 c21 s10 25. [Rep. by 2022 c21 s10] 2022 c21 s10 Back to Top Examination of applicants 26. (1) The council may require an applicant for registration or licensure as a medical practitioner to pass an examination certifying fitness and competence to engage in the practice of medicine. (2) The council may require an applicant for registration or licensure as a physician assistant to pass an examination certifying fitness and competence to engage in the practice of physician assisting. (3) An examination referred to in subsection (1) or (2) shall be conducted by an assessor appointed by the council or another body approved by the council. 2011 cM-4.02 s26 ; 2022 c21 s11 ; 2024 c22 s14 Back to Top Agreements 27. The college may enter into an agreement with a medical college, association or other body having responsibility for the licensing of medical practitioners, learners and physician assistants in a province, state or country, providing for the licensing of persons upon reciprocal terms and conditions that shall be specified in the agreement. 2011 cM-4.02 s27 ; 2024 c22 s15 Back to Top Registration and licensure exemption 27.1 A person or category of persons prescribed in the regulations may, in accordance with the regulations, be exempted from the requirement to be registered or licensed under this Act in order to engage in the practice of medicine or the practice of physician assisting in the province. 2024 c22 s16 Back to Top Validity of certificates 28. Where, by a law in force within the province, a certificate, statement or other document is or may be required to be given or signed by a physician, surgeon, medical practitioner, learner or physician assistant, that certificate, statement or document is of no effect unless the person giving or signing it is the holder of a licence under this Act. 2011 cM-4.02 s28 ; 2024 c22 s17 Back to Top Continuing professional development 29. (1) The college shall establish and operate, or prescribe, programs of continuing professional development for medical practitioners and physician assistants. (2) The programs referred to in subsection (1) shall be mandatory for medical practitioners and physician assistants. 2011 cM-4.02 s29 ; 2024 c22 s18 PART IV PROFESSIONAL MEDICAL CORPORATIONS Back to Top Definitions 30. In this Part (a) "non-voting share" means an issued share of a professional medical corporation that is not a voting share; and (b) "voting share" means an issued share of a professional medical corporation with the right to vote at a meeting of shareholders attached to it. 2011 cM-4.02 s30 Back to Top Professional corporation 31. (1) One or more medical practitioners may incorporate a corporation to provide the services of a medical practitioner. (2) The corporation shall be incorporated under the Corporations Act . (3) The name of the corporation shall meet the requirements of subsection 17(1) of the Corporations Act . (4) A corporation shall not use the words "professional medical corporation" or an abbreviation of those words as part of its corporate name unless it is registered and licensed as a professional medical corporation under this Act. (5) A corporation shall not provide the services of a medical practitioner unless it is registered and licensed under this Act. 2011 cM-4.02 s31 Back to Top Corporate register 32. (1) The registrar shall maintain a register of professional medical corporations known as the Corporate Register of the College of Physicians and Surgeons of Newfoundland and Labrador . (2) The registrar shall register a professional medical corporation that establishes that (a) all the voting shares of the corporation are beneficially owned by and registered in the name of one or more medical practitioners licensed under this Act and there is no restriction on the right of each medical practitioner to vote as the medical practitioner wishes; (b) the non-voting shares are owned by a natural person; (c) all the directors of the corporation are medical practitioners licensed under this Act, and there is no agreement restricting the powers of the directors to manage the business and affairs of the corporation in relation to the practice of medicine; (d) all of the persons who will be practising medicine as employees of or on behalf of the corporation are medical practitioners licensed under this Act; (e) the articles of the corporation restrict it to providing the services of a medical practitioner and related matters; (f) the corporation is in good standing under the Corporations Act ; and (g) the corporation has complied with other requirements for registration in the regulations made under section 16 . (3) The corporate register shall be made available for inspection in accordance with subsection 21 (1) and subsection 21 (2) applies to a copy of the register as if it were a register referred to in that subsection. (4) The college may enter into a reciprocal agreement with a medical college, association or other body having responsibility for the registration and licensing of professional medical corporations in another jurisdiction for the registration of corporations from that jurisdiction in the Corporate Register of the College of Physicians and Surgeons of Newfoundland and Labrador . (5) Notwithstanding subsection (2), the voting shares of a professional medical corporation may be held by (a) an executor or administrator of the estate of a deceased medical practitioner to discharge the duties of that position; or (b) a trustee in bankruptcy to discharge the duties as trustee in respect of the corporation or a medical practitioner, for no longer than 180 days, or a longer period where the registrar permits. 2011 cM-4.02 s32 ; 2022 c21 s13 Back to Top Annual licence 33. (1) A professional medical corporation may apply for a licence to provide the services of a medical practitioner in the province and the registrar shall issue the licence provided that (a) the professional medical corporation is registered under this Act; (b) the application is accompanied by a licence fee which may be established by the council; and (c) the professional medical corporation continues to meet the requirements for registration set out in section 32 and other requirements for being licensed which may be set out in this Act and the regulations made under paragraph 16 (k). (2) A licence issued under this section expires no later than one year after the date on which the licence was issued. 2011 cM-4.02 s 33 2024 c22 s19 Back to Top Revocation of licence 34. A licence issued under section 33 may be revoked by the registrar where (a) the professional medical corporation ceases to meet a requirement for registration or licensing under this Act; (b) the professional medical corporation contravenes this Act or the regulations; or (c) a medical practitioner is disciplined under sections 39 to 56 in respect of professional services performed by the medical practitioner as an employee of or on behalf of the professional medical corporation. 2011 cM-4.02 s34 ; 2022 c21 s14 Back to Top Refusal to register or issue licence 35. (1) Where the registrar refuses to register a professional medical corporation, refuses to issue a licence to a corporation or revokes a licence under section 34 , the professional medical corporation may within 30 days after receiving notice of the decision of the registrar appeal the decision to the Supreme Court by filing a notice of appeal with the court. (2) An appeal under this section does not stay the decision of the registrar being appealed unless the Supreme Court orders otherwise. 2011 cM-4.02 s35 ; 2013 c16 s25 ; 2022 c21 s15 Back to Top Effect of incorporation 36.

(1) A medical practitioner who provides professional services to or through a professional medical corporation is, notwithstanding the medical practitioner's relationship to the professional medical corporation or the relationship between the patient and the professional medical corporation, subject to (a) the application of this Act as if the medical practitioner were providing services as an individual medical practitioner; and (b) the same duties and responsibilities in connection with the medical practitioner's dealings with patients of the professional medical corporation as if the medical practitioner were providing services directly to those patients. (2) The relationship between a professional medical corporation and a patient receiving services from or through that corporation is subject to the laws relating to the confidential and ethical relationship between a medical practitioner and the medical practitioner's patient. (3) All rights and obligations pertaining to communications made to, or information received by, medical practitioners apply to the shareholders, directors, officers and employees of a professional medical corporation. 2011 cM-4.02 s36 ; 2022 c21 s16 Back to Top Liability of medical practitioner 37. (1) Notwithstanding a provision to the contrary in the Corporations Act , a medical practitioner who provides services or practises medicine through or on behalf of a professional medical corporation is liable to a person in relation to those services and the practice of medicine to the same extent and in the same manner as if the medical practitioner provided those services as an individual and that liability is not affected because of the medical practitioner’s relationship to the professional medical corporation as a shareholder, director, officer, employee or in another capacity. (2) A medical practitioner is jointly and individually liable with a professional medical corporation for all claims made against the corporation in connection with the provision of services or the practice of medicine by the medical practitioner. 2011 cM-4.02 s37 Back to Top Misconduct of a professional medical corporation 38. (1) A medical practitioner is liable to be disciplined under sections 39 to 56 for the actions or conduct of a professional medical corporation while the medical practitioner was a shareholder, director, officer or employee of the professional medical corporation. (2) A medical practitioner shall not be liable to discipline under subsection (1) where the medical practitioner proves that the medical practitioner did not know and could not reasonably have known about the relevant actions or conduct of the professional medical corporation. (3) The powers of inspection, investigation or inquiry that may be exercised in respect of a medical practitioner under sections 39 to 56 may be exercised in respect of a professional medical corporation or its records in connection with an inquiry under subsection (1). (4) A professional medical corporation is jointly and individually liable with the medical practitioner for all fines and costs the medical practitioner is ordered to pay in connection with an inquiry under subsection (1). 2011 cM-4.02 s38 ; 2022 c21 s17 PART V DISCIPLINE Back to Top Definitions 39. In this Part (a) "allegation" means a written document alleging that a person has engaged in conduct deserving of sanction; (b) "complainant" means a person making an allegation; (c) "conduct deserving of sanction" includes (i) professional misconduct, (ii) professional incompetence, (iii) conduct unbecoming, (iv) incapacity or unfitness to practise, and (v) acting in breach of this Act, the regulations or the code of ethics adopted under section 15 ; (d) "costs incurred by the college" includes (i) out of pocket expenses incurred by or on behalf of the college, (ii) amounts paid by the college to adjudication tribunal members as remuneration and for expenses, and (iii) the actual cost of legal counsel for the college and the adjudication tribunal; (e) "disciplinary panel" means the panel of persons appointed under section 40 from which the members of an adjudication tribunal are chosen; and (f) "respondent" means a medical practitioner, a former medical practitioner, a learner, a former learner, a physician assistant or a former physician assistant against whom an allegation is made. 2011 cM-4.02 s39 ; 2024 c22 s20 Back to Top Committees 40. (1) The council shall appoint at least 3 persons in accordance with subsection (1.1) to constitute a complaints authorization committee. (1.1) The complaints authorization committee shall consist of (a) at least 2 persons who are licensed as medical practitioners or physician assistants under this or another Act, including an Act of another province or a territory of Canada; and (b) at least one person who is a member of the council appointed under paragraph 9(1)(b) or (c). (2) The council shall appoint the chairperson and vice-chairperson of the complaints authorization committee from the persons appointed under subsection (1). (3) The registrar is not eligible to be a member of the complaints authorization committee. (4) A disciplinary panel shall consist of not less than (a) 10 medical practitioners appointed by the council who are not members of the council; (b) 5 persons appointed by the minister to represent the public interest who are not (i) medical practitioners or physician assistants, or (ii) members of the council; and (c) where practicable, one physician assistant appointed by the council who is not a member of the council. (4.1) The council shall appoint a member appointed under paragraph (4)(a) or (c) to be the chairperson. (5) Members appointed to the disciplinary panel shall be appointed for a term of 3 years. (6) Notwithstanding the expiry of the member's term, a member of the disciplinary panel continues to be a member until reappointed or replaced. (7) Persons appointed to the disciplinary panel may be reappointed. (8) Members of the disciplinary panel shall serve on the panel without payment for their services, but may be remunerated for service as a member of an adjudication tribunal and paid their travel and other expenses associated with the work of that tribunal by the council, in accordance with and at the rates set by the by-laws. (9) The complaints authorization committee, an adjudication tribunal appointed under section 45 and a person appointed by either of them may summon a respondent or other person and require the respondent or other person to give evidence, orally or in writing, upon oath or affirmation, and produce the documents and things that either of them considers necessary to the full investigation and hearing of an allegation or complaint and shall have the powers, privileges and immunities that are conferred on a commissioner appointed under the Public Inquiries Act, 2006. 2011 cM-4.02 s40 ; 2022 c21 s18 ; 2024 c22 s21 Back to Top Report by member 41. (1) A medical practitioner or physician assistant who has knowledge, from direct observation or objective evidence, of conduct deserving of sanction of a medical practitioner, a physician assistant or a learner shall report the known facts to the registrar. (2) A person who dissolves a partnership with a medical practitioner, or a corporation, partnership or association that terminates or imposes restrictions on the employment or privileges or other practice relationship with a medical practitioner based on direct knowledge of the medical practitioner's conduct deserving of sanction shall report the known facts to the registrar. (3) An action shall not be brought against a medical practitioner, physician assistant, person, corporation, partnership or association or its directors or officers for the sole reason that the medical practitioner, physician assistant, person, corporation, partnership or association complied with this section. (4) This section does not apply to knowledge obtained through a peer assessment review. 2011 cM-4.02 s41 ; 2022 c21 s19 ; 2024 c22 s22 Back to Top Allegation 42. (1) An allegation shall be in writing and signed by the complainant or the complainant's solicitor, and filed with the registrar. (2) The registrar may on the registrar’s own motion make an allegation and file it, and the allegation shall have the same effect as an allegation referred to in subsection (1). (3) Where the registrar has been informed that a respondent has been convicted of an offence under the provisions of the Controlled Drugs and Substances Act (Canada), Criminal Code or a similar penal statute of another country or has been suspended by a governing body of medical practitioners or physician assistants in another province or territory of Canada or another territory or country for reason of professional misconduct, conduct unbecoming or professional incompetence, the information shall be dealt with by the registrar as an allegation. (4) For the purpose of subsection (3), a certified copy of the record of a conviction or findings made or the action taken by an external regulatory body constitutes proof, in the absence of evidence to the contrary, of the conviction or findings made or the action taken by that body, without proof of the signature of the convicting justice or person purporting to have signed on behalf of that body. 2011 cM-4.02 s42 ; 2022 c21 s20 ; 2024 c22 s23 Back to Top Effect of filing allegation 43. (1) Where it appears to the registrar after notifying the respondent of the allegation that the allegation may be resolved satisfactorily and where the complainant and the respondent consent, the registrar may attempt to resolve the matter. (2) Where the allegation is not satisfactorily resolved by the registrar under subsection (1), (a) the registrar shall refer the allegation and all other allegations to the complaints authorization committee; and (b) where the registrar considers that it is in the public interest, the registrar may suspend or restrict the respondent's licence until the complaints authorization committee makes a decision under subsection 44(2), (3) or (6). (3) The registrar shall inform a complainant and a respondent of the referral of the allegation to the complaints authorization committee. 2011 cM-4.02 s43 ; 2022 c21 s21 Back to Top Complaints authorization committee 44. (1) After an allegation has been submitted to the complaints authorization committee, the committee may exercise one or more of the following powers: (a) refer the allegation back to the registrar for an investigation or alternative dispute resolution in accordance with the regulations; (b) conduct a practice review into the respondent's practice or appoint a person to conduct a review on its behalf; (c) refer the allegation to the quality assurance committee; (d) conduct an investigation itself or appoint a person to conduct an investigation on its behalf; and (e) require the respondent to appear before it. (2) Where the complaints authorization committee is of the opinion that there are no reasonable grounds to believe the respondent has engaged in conduct deserving of sanction, the committee shall dismiss the allegation and give notice in writing of the dismissal to the complainant. (3) Where the complaints authorization committee is of the opinion that there are no reasonable grounds to believe the respondent has engaged in conduct deserving of sanction, the committee may, in dismissing the allegation, direct the respondent with respect to the respondent's practice, including direction that (a) the respondent comply with a specified provision of the Act or regulations or of a by-law, policy or guideline of the college; (b) the respondent successfully complete continuing professional development or remedial education; (c) the respondent complete an assessment of the respondent's clinical skills and successfully complete a course of studies or clinical experience recommended by the assessment; and (d) provide documentation, information or an explanation in relation to the medical treatment of the complainant or of another person represented by the complainant where the person is deceased or incompetent and the respondent shall comply with the direction of the committee. (4) The committee may give a person or body it considers appropriate notice of a direction, caution or counsel given under this section, and may specify the time within which the direction, caution or counsel is to be complied with and that the costs of compliance with the direction, caution or counsel shall be borne by the respondent. (5) Where a respondent fails to comply with a direction, caution or counsel of the committee under subsection (3), the registrar may deal with the failure as an allegation. (6) Where the complaints authorization committee is of the opinion that there are reasonable grounds to believe that a respondent has engaged in conduct deserving of sanction, the allegation shall be considered as constituting a complaint, and the committee may (a) counsel or caution the respondent; or (b) instruct the registrar to file the complaint against the respondent and refer it to the disciplinary panel; and (c) suspend or restrict the respondent's licence. (7) A person conducting an investigation under paragraph (1)(a) or (d) or a practice review under paragraph (1)(b) may require (a) the respondent to (i) undergo an examination or assessment that the person considers necessary and as arranged by the registrar, and (ii) permit the registrar or a member of the complaints authorization committee or a person appointed by the complaints authorization committee to inspect and copy the records of the respondent and other documents relating to the subject matter of the investigation; and (b) a person other than the respondent to permit the registrar or a member of the complaints authorization committee or a person appointed by the complaints authorization committee to inspect and copy records and other documents relating to the subject matter of the investigation held by that person, and the respondent or other person shall comply. (8) An action for damages does not lie against a medical practitioner, a physician assistant or another person to whom a request is made solely because the medical practitioner, physician assistant or person provides information requested under subsection (7). (9) Where the registrar, a member of the complaints authorization committee or a person appointed by the complaints authorization committee requires that a respondent or another person provide information under subsection (7), that information shall be provided within 7 days of receipt of the request or a different period as specified in the request. (10) A complainant whose allegation is dismissed by the complaints authorization committee under subsection (2) may, within 30 days after receiving notice of the dismissal, appeal the dismissal to the Supreme Court by filing a notice of appeal with the court. (11) Subsections (7), (8) and (9) apply to the Crown. 2011 cM-4.02 s44 ; 2013 c16 s25 ; 2022 c21 s22 ; 2024 c22 s24 Back to Top Adjudication tribunal 45. (1) For the purpose of dealing with complaints referred to the disciplinary panel, the chairperson of the disciplinary panel shall appoint from it an adjudication tribunal consisting of 3 persons, of whom (a) 2 shall be medical practitioners or physician assistants; and (b) one shall be a member of the disciplinary panel appointed to represent the public interest. (2) For the purposes of subsection (1) (a) where the respondent is a medical practitioner, at least one of the members appointed under paragraph (1)(a) shall be a medical practitioner, where practicable; and (b) where the respondent is a physician assistant, at least one of the members appointed under paragraph (1)(a) shall be a physician assistant, where practicable. (3) The chairperson of the disciplinary panel shall appoint one of the members appointed under paragraph (1)(a) to be the chairperson. 2011 cM-4.02 s45 ; 2024 c22 s25 Back to Top Hearing 46. (1) Where a complaint has been referred under paragraph 44 (6)(b), an adjudication tribunal shall hear the complaint. (2) The parties to a hearing are the college and the respondent and a party may be represented by counsel at a hearing. (3) A hearing shall be conducted in public but an adjudication tribunal may exclude the public from a hearing, or from part of it, where it considers the desirability of protecting a party to the complaint or another person against the consequences of possible disclosure of personal matters outweigh the desirability of holding the hearing in public. 2011 cM-4.02 s46 ; 2022 c21 s23 Back to Top Copies of books, etc. as evidence 47. A copy or extract of a book, record, document or thing certified by (a) a member of the complaints authorization committee; or (b) a person authorized under subsection 44 (7) to conduct an inspection, who made the copy or extract under subsection 44 (7) is admissible in evidence in an action, proceeding, hearing or prosecution, in the absence of evidence to the contrary, as evidence of the original book, record, document or thing and its contents. 2011 cM-4.02 s47 Back to Top Guilty plea by respondent 48. (1) Where a respondent pleads guilty to one or more of the charges set out in a complaint, the adjudication tribunal shall, without calling evidence or hearing witnesses, unless the tribunal believes it is appropriate to do so, hear submissions from the parties. (2) Where a respondent pleads guilty, and following submissions under subsection (1), the adjudication tribunal may (a) reprimand the respondent; (b) order that the respondent be suspended for a fixed period that it considers appropriate, until conditions which it may impose are fulfilled, or until further order of the adjudication tribunal; (c) allow or direct the respondent to surrender the respondent's licence to the council upon those conditions that may be considered appropriate and, where the respondent's name appears on a register maintained under this Act, strike the respondent’s name from the register; (d) impose a fine not to exceed $10,000 to be paid to the college; (e) order that the respondent pay the costs or a part of the costs incurred by the college in the investigation and hearing of the complaint; (f) order that the registrar publish a summary of the decision including the information set out in subsection 50 (7) and other information that the tribunal may specify; and (g) order that the respondent comply with one or more of the following: (i) make restitution to the complainant or other person affected by the conduct of the respondent, (ii) obtain medical treatment, (iii) obtain counselling, (iv) obtain substance abuse counselling or treatment, until the respondent can demonstrate to the council or other body or person designated by the adjudication tribunal that a condition related to substance abuse rendering the respondent incapable or unfit to practise has been overcome, (v) engage in continuing professional development or remedial education, (vi) complete a course of studies or obtain supervised clinical experience, or both, to the satisfaction of the council or another body or person designated by the adjudication tribunal, (vii) report on the respondent's compliance with an order made under this section and authorize others involved with the respondent's treatment or supervision to report on it, (viii) restrict the respondent's professional practice or continue the respondent's practice under specified conditions, (ix) permit periodic inspection of the respondent's practice, (x) permit periodic inspection of records relating to the respondent's practice, or (xi) impose other requirements that are just and reasonable in the circumstances. (3) The costs incurred by the college to ensure the compliance of a respondent with an order or direction of an adjudication tribunal under this section shall be borne by the respondent. 2011 cM-4.02 s48 ; 2022 c6 s29 ; 2022 c21 s24 ; 2024 c22 s26 Back to Top Powers of adjudication tribunal 49. (1) Upon the hearing of a complaint, an adjudication tribunal shall decide whether or not a respondent is guilty of conduct deserving of sanction. (2) Where an adjudication tribunal decides that a respondent is not guilty, it shall dismiss the complaint and may, where it believes that the submission of the complaint to the tribunal for a hearing was unreasonable, (a) order that those costs that the tribunal considers appropriate be paid by the college to the respondent; and (b) make another order that it considers appropriate. (3) Where an adjudication tribunal decides that a respondent is guilty, it may (a) reprimand the respondent; (b) order that the respondent be suspended for a fixed period that it considers appropriate, until conditions which it may impose are fulfilled, or until further order of the adjudication tribunal; (c) allow or direct the respondent to surrender the respondent's licence to the council upon those conditions that may be considered appropriate and, where the respondent's name appears on a register maintained under this Act, strike the respondent’s name from the register; (d) impose a fine not to exceed $10,000 to be paid to the college; (e) order that the respondent pay the costs or a part of the costs incurred by the college in the investigation and hearing of the complaint; (f) order that the registrar publish a summary of the decision including the information set out in subsection 50 (7) and other information that the tribunal may specify; and (g) order that the respondent comply with one or more of the following: (i) make restitution to the complainant or other person affected by the conduct of the respondent, (ii) obtain medical treatment, (iii) obtain counselling, (iv) obtain substance abuse counselling or treatment, until the respondent can demonstrate to the council or other body or person designated by the adjudication tribunal that a condition related to substance abuse rendering the respondent incapable or unfit to practise has been overcome, (v) engage in continuing professional development or remedial education, (vi) complete a course of studies or obtain supervised clinical experience, or both, to the satisfaction of the council or other body or person designated by the adjudication tribunal, (vii) report on the respondent's compliance with an order made under this section and authorize others involved with the respondent's treatment or supervision to report on it, (viii) restrict the respondent's professional practice or continue the respondent's practice under specified conditions, (ix) permit periodic inspection of the respondent's practice, (x) permit periodic inspection of records relating to the respondent's practice, or (xi) impose other requirements that are just and reasonable in the circumstances. (4) The costs incurred by the college to ensure the compliance of a respondent with an order or direction of an adjudication tribunal under this section shall be borne by the respondent. 2011 cM-4.02 s49 ; 2022 c6 s30 ; 2022 c21 s25 ; 2024 c22 s27 Back to Top Filing and publication of decisions 50. (1) An adjudication tribunal shall file a decision or order made under subsection 48(2) or 49(3) with the registrar and provide a copy to the complainant, respondent, respondent's employer and minister. (2) The registrar shall maintain a copy of a decision or order filed under subsection (1) for a minimum of 10 years after the day the decision or order is filed and shall upon receiving a request to view the disciplinary records in relation to a respondent permit a person to view the summary prepared in accordance with subsection (7). (3) The registrar shall publish a summary of a decision or order of an adjudication tribunal within 14 days of the expiry of the appeal period under section 56, where the decision or order (a) suspends the respondent; (b) allows or directs the surrender of the respondent's licence; (c) restricts the respondent’s practice; (d) specifies conditions for the continuing practice of the respondent; or (e) requires that a summary of the decision or order be published. (4) Where the registrar is required to publish a summary of a decision or order under subsection (3), the registrar shall (a) publish the summary of the decision or order on the council's website; or (b) where the council does not have a website, provide the summary or order to the Department of Health and Community Services for publication on its website. (5) Where the registrar publishes a summary of a decision or order in accordance with subsection (4), the registrar shall (a) advise at least 2 media outlets in or nearest to the community in which the respondent practises that a summary of the decision or order has been published; and (b) arrange that a summary of the decision or order be kept on the website (i) for a period of not less than 3 months, or (ii) where one or more of the following apply, for a period not less than the period referred to in clause (A), (B) or (C), as applicable: (A) where the respondent is suspended for a period greater than 3 months, the period of suspension, (B) where the respondent’s practice is restricted for a period greater than 3 months, the period of restriction, or (C) where conditions are imposed for the continuing practice of the respondent for a period greater than 3 months, the period during which conditions are imposed. (6) Where the registrar publishes a summary of a decision or order in accordance with subsection (4), the registrar may also publish a summary of the decision or order in the council’s annual report or another publication approved by the council. (7) Unless a court orders otherwise, the summary of the decision or order published under this section shall include (a) the name of the respondent and the address where the respondent practises; (b) the date, location and a brief description of the conduct of the respondent that was found to be deserving of sanction; (c) the name of the complainant, where requested by the complainant; (d) the contents of the decision or order in relation to the actions referenced in paragraphs (3)(a) to (d); and (e) other information specified for publication in the decision or order. (8) Where a decision or order, the summary of which is published under this section, is varied or set aside, the registrar shall within 14 days of the filing of the subsequent decision or order publish a summary of the decision or order and subsections (3) to (7) apply, with the necessary changes. (9) The registrar may give notice of the decision or order and information respecting the decision or order to the other persons the council may direct and shall include a summary of the decision or order in a certificate of good standing issued in relation to the respondent. (10) Nothing in this section prohibits the registrar from publishing a decision or order of an adjudication tribunal, including publishing it in a database or repository for adjudication decisions approved by the minister, provided that the name and any identifying information of the complainant or witnesses is not published unless the complainant or witness requests that it be published. 2011 cM-4.02 s50 ; 2014 c7 s11 ; 2022 c6 s31 ; 2022 c21 s26 Back to Top De-registration and suspension 51. (1) Where a respondent is allowed or directed to surrender the respondent's licence, the respondent's rights and privileges as a medical practitioner to practise medicine, as a learner to practise medicine or as a physician assistant to practise physician assisting, cease. (2) Where a respondent requests that the respondent's name be removed, or where the respondent's name is struck off a register maintained under this Act, the respondent's rights and privileges as a medical practitioner to practise medicine, as a learner to practise medicine or as a physician assistant to practise physician assisting, cease. (3) Where a respondent is suspended, the respondent's rights and privileges as a medical practitioner to practise medicine, as a learner to practise medicine or as a physician assistant to practise physician assisting cease for the period of suspension. (4) Where conditions or restrictions have been imposed upon a respondent’s ability to carry on the respondent's practice, the respondent's rights and privileges as a medical practitioner to practise medicine, as a learner to practise medicine or as a physician assistant to practise physician assisting shall be limited to the extent specified by the conditions or restrictions. 2011 cM-4.02 s51 ; 2022 c21 27 ; 2024 c22 s28 Back to Top Failure to comply 52. (1) On application by the college to the disciplinary panel, an adjudication tribunal may make an order suspending the licence of a respondent, or the registration of the respondent where the respondent is registered on the education register, where it determines that the respondent has failed to comply with a decision or an order under sections 39 to 56 . (2) The parties to the application are the college and the respondent. (3) An order of an adjudication tribunal under this section may suspend the licence of the respondent, or the registration of the respondent where the respondent is registered on the education register, for a fixed period that the adjudication tribunal may consider appropriate, or until conditions which it may impose are fulfilled, or until further order of the adjudication tribunal. 2011 cM-4.02 s52 ; 2022 c21 28 Back to Top Reinstatement and readmission 53. (1) Where a decision or order of an adjudication tribunal (a) suspends the respondent; (b) allows or directs the respondent to surrender the respondent’s licence or to be removed from a register maintained under this Act; (c) restricts the respondent’s practice; or (d) specifies conditions for the continuing practice of the respondent, and where the respondent alleges that new evidence has become available or a material change in circumstances has occurred since the making of the decision or order, the respondent may apply to the complaints authorization committee for a supplementary hearing to discharge or vary the decision or order based on the new evidence or material change in circumstances. (2) An application under subsection (1) shall be made not more than 90 days after the new evidence becomes available or the material change in circumstances has occurred. (3) Where an application is made to the complaints authorization committee under subsection (1), and the committee is of the opinion that new evidence has become available or that a material change in circumstances has occurred, as alleged by a respondent, the matter shall be referred to an adjudication tribunal as if it were a matter referred under paragraph 44 (6)(b) and sections 46 to 51 apply, with the necessary changes, to the referred matter. (4) The parties to a supplementary hearing under this section are the respondent and the college. (5) For the purpose of this section, in addition to an order that an adjudication tribunal may make under section 49 , a tribunal may (a) vary the original decision or order made under section 49 ; or (b) discharge the original decision or order, with or without conditions. 2011 cM-4.02 s53 ; 2022 c21 s29 Back to Top Costs of the college 54. (1) Where a person who was ordered to pay the costs of the college under paragraph 48 (2)(e) or 49 (3)(e) fails to pay in the time required, the council may suspend the registration or licence of that person until the costs are paid. (2) Costs ordered to be paid under paragraph 48 (2)(e) or 49 (3)(e) are a debt due to the college and may be recovered by the college by a civil action. 2011 cM-4.02 s54 Back to Top Collection of fine 55. (1) Where an order is made under section 48 or 49 imposing a fine on a respondent, the college may issue a certificate stating the amount of the fine due and remaining unpaid and the name of the person by whom it is payable, and file the certificate with the Supreme Court. (2) Where a certificate is filed with the Supreme Court under subsection (1), it has the same effect and all proceedings may be taken on the certificate as if it were a judgment of the Supreme Court for the recovery of the amount stated in the certificate against the person named in the certificate. (3) A person named in a certificate filed under this section may, within 30 days after the certificate is filed, apply to a judge of the Supreme Court for a review, on a question of law or jurisdiction, of the certificate. (4) On an application under subsection (3), the judge may make any amendment to the certificate that is necessary to make the certificate accord with the judge’s decision. (5) There is no appeal from a decision of a judge made under this section. (6) A certificate filed under this section may also be filed in the judgment enforcement registry on the expiration of the 30 day period referred to in subsection (3) in accordance with Part III of the Judgment Enforcement Act and be enforced in accordance with that Act. 2011 cM-4.02 s55 ; 2013 c16 s25 ; 2022 c21 s30 Back to Top Appeal 56. (1) The college or the respondent may, within 30 days after receiving notice of a decision or order of an adjudication tribunal under this Part, appeal the decision or order or a part of it to the Supreme Court by filing a notice of appeal with the court. (2) An appeal under this section does not stay the decision or order being appealed unless the Supreme Court orders otherwise. 2011 cM-4.02 s56 ; 2013 c16 s25 ; 2022 c21 s31 PART VI PEER ASSESSMENT Back to Top Peer assessment committee 57. (1) The college may establish a peer assessment committee in the manner prescribed by regulation. (2) Notwithstanding subsection (1), the college may appoint the quality assurance committee to act as the peer assessment committee. (3) Notwithstanding subsection 69(1) where the college appoints the quality assurance committee to act as the peer assessment committee, the quality assurance committee shall consist of at least 2 persons who are licensed as medical practitioners under this Act or another Act, including an Act of another province or a territory of Canada. 2011 cM-4.02 s57 ; 2024 c22 s29 Back to Top Agreement 58. (1) The college may enter into an agreement with one or more of the medical regulatory authorities and medical societies for the establishment of a peer assessment committee. (2) An agreement made under subsection (1) may be amended by the college and the other parties to that agreement. (3) The college may by regulation determine those things or requirements that shall be included in an agreement entered into under subsection (1). 2011 cM-4.02 s58 Back to Top Peer assessment program 59. (1) The peer assessment committee shall, subject to the approval of the college, develop and administer a peer assessment program that shall include (a) assessment standards of practice for medical practitioners including (i) standards for the clinical assessment and care of patients, and (ii) standards for the maintenance of records of care administered to patients; (b) procedures and requirements for the selection and education of assessors; (c) standards and methods of communication with physicians to be assessed; (d) budgetary and expense arrangements; (e) requirements and methods respecting the preparation of assessment reports; (f) the development of policies and procedures for the peer assessment committee and the delegation of these to subcommittees, assessors or employees as the peer assessment committee considers appropriate; and (g) the determination of further activities including the establishment of other committees and subcommittees to better administer the peer assessment program. (2) The peer assessment committee, a committee, subcommittee or assessor of the peer assessment committee may carry out those duties and activities established by the peer assessment program. 2011 cM-4.02 s59 Back to Top Assessors 60. The peer assessment committee may appoint persons licensed as medical practitioners in the province or in another province as assessors for the purpose of the peer assessment program. 2011 cM-4.02 s60 Back to Top Assessment 61. (1) An assessor may, for the purposes of the peer assessment program and with the co-operation of the medical practitioner (a) enter and inspect the premises where that medical practitioner engages in the practice of medicine; and (b) inspect that medical practitioner's records of care administered to patients. (2) The peer assessment committee, or an assessor on behalf of the committee may (a) require that medical practitioner to provide information respecting the clinical assessment and care of patients by that medical practitioner or the medical practitioner's records of care administered to patients; and (b) require that that medical practitioner confer with the peer assessment committee. (3) A medical practitioner whose standards of practice are the subject of an assessment under the peer assessment program shall cooperate fully with the peer assessment committee and assessors. 2011 cM-4.02 s61 ; 2022 c21 s31 Back to Top Report and compliance 62. (1) Upon completion of an assessment an assessor shall submit a report of the assessor's findings to the peer assessment committee and the peer assessment committee shall review the report and may (a) make no recommendation to the medical practitioner who has been assessed; or (b) confer with the medical practitioner assessed and make those remedial recommendations to the medical practitioner that the peer assessment committee considers appropriate. (2) The peer assessment committee may (a) direct the medical practitioner who has been assessed to comply with recommendations made by the peer assessment committee under subsection (1); and (b) direct that a medical practitioner be reassessed. 2011 cM-4.02 s62 ; 2022 c21 s33 Back to Top Costs 63. The following costs shall be paid by a medical practitioner and shall not be a cost of the peer assessment committee, the medical regulatory authorities or the medical societies: (a) c osts incurred by the medical practitioner in implementing remedial recommendations of the peer assessment committee; and (b) costs incurred by the medical practitioner for a reassessment directed by the peer assessment committee. 2011 cM-4.02 s63 ; 2024 c22 s30 Back to Top Termination of assessment 64. (1) Where an assessor or a member of the peer assessment committee learns, in the course of an assessment, that a medical practitioner may be guilty of conduct deserving of sanction within the meaning of subparagraphs 39 (c)(i) to (v), the assessment shall be terminated, the medical practitioner shall be advised, and the matter shall be referred to the council to be dealt with as a complaint. (2) An assessor or a member of a peer assessment committee shall not provide information to the council except for information relating to any alleged conduct deserving of sanction. (3) This section shall not prevent another person from providing evidence to establish conduct deserving of sanction on the part of a member. 2011 cM-4.02 s64 ; 2024 c22 s31 Back to Top Rep. by 2024 c22 s32 65. [Rep. by 2024 c22 s32] 2011 cM-4.02 s65 ; 2024 c22 s32 Back to Top Disclosure of information not required 66. (1) In this section (a) "legal proceeding" means (i) a proceeding in a court, including a proceeding for the imposition of punishment by fine, penalty or imprisonment to enforce an Act or a regulation made under an Act, or a civil proceeding, and (ii) a disciplinary proceeding under this Act or under the governing legislation of another licensing authority; and (b) "witness" means a member or associate member or officer or employee of the college or council, an assessor or former assessor, or another person who, in connection with, or in the course of, a legal proceeding is called upon to provide information, to answer, orally or in writing, a question, or to produce a document, whether under oath or not. (2) A witness in a legal proceeding, whether a party or not, is excused from (a) providing information obtained by the witness in the course of or in relation to an assessment under the peer assessment program; and (b) producing a document made by the peer assessment committee, an assessor or another document which was prepared under or in relation to an assessment. (3) Subsection (2) does not apply to (a) medical records maintained by attending physicians pertaining to a patient; or (b) a legal proceeding where the matter which is the subject of the legal proceeding was referred to the council under subsection 64(1) to be dealt with as a complaint. 2011 cM-4.02 s66 ; 2022 cP-30.1 s52 ; 2024 c22 s33 Back to Top Other documents 67. Notwithstanding that a witness is or has been an assessor or a member of the peer assessment committee or a member of a subcommittee of that committee, has participated in the activities of or has prepared a document for or has provided information to the peer assessment committee, the witness is not, subject to section 66 , excused from answering a question or producing a document that the witness is otherwise bound to answer or produce. 2011 cM-4.02 s67 Back to Top Evidence in disciplinary matter 68. (1) An assessor or a member of the peer assessment committee shall not provide evidence against a medical practitioner in a disciplinary matter with respect to information given by the medical practitioner to the assessor or a member of the peer assessment committee in the course of an assessment of the medical practitioner unless the medical practitioner has knowingly given false information during the assessment or the disciplinary matter. (2) This section shall not prevent another person from providing evidence against a medical practitioner in a disciplinary matter with respect to the information given by the medical practitioner in the course of the assessment of the medical practitioner. 2011 cM-4.02 s68 ; 2022 c21 s34 PART VII QUALITY ASSURANCE Back to Top Quality assurance committee 69. (1) T he college shall establish a quality assurance committee consisting of the number of medical practitioners and physician assistants determined by the college and at least one person appointed to the council under paragraph 9 (1)(b) or (c). (2) The committee shall have responsibility for, and shall establish and operate, a program of quality assurance for medical practitioners, learners and physician assistants. (3) The committee may appoint persons licensed as medical practitioners, learners and physician assistants under this or another Act, including an Act of another province or a territory of Canada, to assist the committee to perform its duties and exercise its powers under this Act. (4) The committee and a person appointed under subsection (3) shall have the powers, privileges and immunities that are conferred on a commissioner under the Public Inquiries Act, 2006 . (5) A person appointed under subsection (3) has the powers of the committee under paragraphs 71 (2)(a) to (d). 2011 cM-4.02 s69 ; 2024 c22 s34 Back to Top Duty to comply 70. A medical practitioner, a learner and a physician assistant shall comply with a request or a directive of the committee, or a person appointed to act on behalf of the committee, in connection with the conduct of a quality assurance review by the committee with respect to (a) the medical practitioner or the medical practitioner's practice; (b) the learner or the learner's practice; or (c) the physician assistant or the physician assistant's practice. 2011 cM-4.02 s70 ; 2022 c21 35 ; 2024 c22 s35 Back to Top Conduct of review 71. (1) The quality assurance committee shall conduct a review of a medical practitioner or the medical practitioner's practice, a learner or the learner's practice or a physician assistant or the physician assistant's practice where (a) the quality assurance committee receives a referral of a concern about the quality or competence of the medical practitioner or the medical practitioner's practice, the learner or the learner's practice or the physician assistant or the physician assistant's practice from (i) the registrar, or (ii) the complaints authorization committee; or (b) the quality assurance committee determines that a review is necessary on its own accord. (2) In connection with a quality assurance review, the quality assurance committee may (a) require a medical practitioner, learner, physician assistant, or another person who has possession of records that relate to the medical practitioner's practice, learner's practice or physician assistant's practice, to produce records, including patient records for inspection or review, and to permit them to be copied, by the committee or a person appointed by the committee for the purpose; (b) order a medical practitioner, learner or physician assistant to undergo an examination, evaluation, assessment or review of the medical practitioner's, learner's or physician assistant's professional practices or capacity or fitness to practise, to the extent and under the circumstances required by the committee; (c) engage in periodic or random reviews of a medical practitioner's, learner's or physician assistant's performance including the consequential review of patient records; and (d) order a medical practitioner, learner or physician assistant to (i) obtain counselling, including substance abuse counselling, until the medical practitioner, learner or physician assistant can demonstrate to the committee, or another body or a person designated by the committee, that a condition related to the counselling has been overcome, (ii) obtain medical treatment and authorize a person participating in the provision of that treatment to report on it to the committee, (iii) complete a course of studies or an educational or training program, (iv) restrict the medical practitioner's practice, the learner's practice or the physician assistant's practice, (v) obtain supervised clinical experience as directed by the committee and to the satisfaction of the committee, (vi) continue the medical practitioner's practice, the learner's practice or the physician assistant's practice under conditions the committee may specify, or (vii) report compliance with an order of the committee and authorize a person to report to the committee on whether the medical practitioner, learner or physician assistant is complying with an order. (3) The quality assurance committee may accept the terms of an agreement entered into by the college and a medical practitioner, learner or physician assistant as constituting compliance by the medical practitioner, learner or physician assistant with a requirement or order imposed by the committee on the medical practitioner, learner or physician assistant under subsection (2). (4) Where a medical practitioner, learner or physician assistant fails to comply (a) with a requirement or an order of the quality assurance committee under subsection (2); or (b) with an agreement referred to in subsection (3) within the time required by the committee for compliance, the committee shall refer the failure to comply to the registrar who shall refer it to the complaints authorization committee as an allegation within the meaning of paragraph 39 (a). (5) An action for damages does not lie against a medical practitioner, learner, physician assistant or another person to whom a request is made, solely because the medical practitioner, learner, physician assistant or person provides information requested under paragraph (2)(a).

(6) Where the quality assurance committee or a person appointed by the committee requires that a medical practitioner, learner, physician assistant or another person provide information under paragraph (2)(a), that information shall be provided within 7 days of receipt of the request or a different period as specified in the request. (7) Paragraph (2)(a) and subsections (5) and (6) apply to the Crown. 2011 cM-4.02 s71 ; 2022 c21 s36 ; 2024 c22 s36 Back to Top Costs 72. The costs incurred by a medical practitioner, learner or physician assistant in implementing an order of the quality assurance committee shall be paid by the medical practitioner, learner or physician assistant and shall not be a cost of the committee or the college. 2011 cM-4.02 s72 ; 2024 c22 s37 Back to Top Termination of review 73. (1) Where the quality assurance committee believes, in the course of or as a result of a review, that a medical practitioner, learner or physician assistant may be guilty of conduct deserving of sanction within the meaning of paragraph 39 (c), the review, if still in progress, shall be terminated, the medical practitioner, learner or physician assistant shall be advised, and the matter shall be referred to the registrar who shall refer it to the complaints authorization committee to be dealt with as an allegation. (2) The quality assurance committee shall provide all information and documents in its possession relating to the review to the complaints authorization committee. (3) An order of the quality assurance committee issued before it refers a matter to the complaints authorization committee under subsection (1) remains in effect notwithstanding the referral of the matter to the complaints authorization committee. 2011 cM-4.02 s73 ; 2024 c22 s38 PART VIII MISCELLANEOUS Back to Top Emergency treatments: liability 74. The voluntary rendering by a medical practitioner, learner or physician assistant of first aid or emergency treatment, without the expectation of monetary compensation, at the scene of an accident or other location, not within a hospital, medical practitioner's office or another place having proper and necessary medical equipment, to a person who is unconscious, ill or injured, shall not render the medical practitioner, learner or physician assistant liable in damages for injuries alleged to have been sustained by that person or for the death of that person because of an act or omission in the rendering of first aid or emergency treatment, unless it is established that the injuries were, or the death was, caused by the gross negligence on the part of the medical practitioner. 2011 cM-4.02 s74 ; 2024 c22 s39 Back to Top Disclosure of information 75. (1) The council may disclose information in its possession, including information that identifies the individual to whom it relates, to other bodies having authority to regulate health professionals. (2) The council, the complaints authorization committee and the quality assurance committee shall disclose information in their possession, including (a) information that identifies the individual to whom it relates; and (b) personal health information for those purposes, in the manner and to those persons prescribed in the regulations. 2011 cM-4.02 s75 Back to Top Protection from liability 76. (1) An action for damages does not lie against (a) the minister, the registrar, a member of the council, an officer, employee or agent of the college or council, a person or committee designated by the college or council, the college as a corporation, the council as governing body of the college, the advisory committee, the complaints authorization committee, a person appointed by the complaints authorization committee, the disciplinary panel, an adjudication tribunal, the quality assurance committee, a person appointed by the quality assurance committee or the individual members of those bodies; or (b) medical regulatory authorities, medical societies, the peer assessment committee, the registrar, an officer or employee of the medical regulatory authorities or medical societies, a member of a committee or subcommittee of the medical regulatory authorities or medical societies or an assessor appointed under section 60 for an act or failure to act or a proceeding initiated or carried out in good faith under this Act or purportedly under this Act, or for carrying out duties or obligations as the minister, the registrar, a member, officer, employee, designate, agent, committee member or other person authorized under this Act or for a decision or order made or enforced in good faith under this Act, or purportedly under this Act. (2) An action for defamation against a council member, a member of a committee or panel, the chairperson, the vice-chairperson or another officer or employee of or counsel for the college may not be founded on the publication of a communication that consists of or pertains to an allegation or complaint, where the communication is published in the course of investigating the allegation or complaint or in the course of proceedings under Part V. (3) A member of the college is not personally liable for a debt of the college beyond the amount of unpaid dues, fees, fines and penalties owed to the college, but all property of the college shall be held for the payment of the debts of the college. 2011 cM-4.02 s76 ; 2022 c21 s37 Back to Top Other prescription practices 77. (1) A medical practitioner, learner or physician assistant who prescribes a drug included in the list of drugs and drug products under subsection 26(2) of the Pharmaceutical Services Act shall write or type the prescription on a tamper resistant prescription drug pad approved by and provided to the medical practitioner, learner or physician assistant by the minister. (2) A medical practitioner, learner or physician assistant may prescribe a drug or drug product electronically, including a drug or drug product included in the list under subsection 26(2) of the Pharmaceutical Services Act , through the pharmacy network or other electronic means. 2011 cM-4.02 s77 ; 2018 cC-5.2 s29 ; 2022 c21 s38 ; 2024 c22 s40 Back to Top Conflicting legislation 78. (1) Nothing in an Act shall be construed to prohibit or prevent a medical practitioner from doing, in the course of administering medical aid or treatment on the human body, anything for which a licence or permit may be required under that statute, and to recover reasonable charges for the service provided. (2) Nothing in this Act affects or applies to the practice of medicine or the practice of physician assisting permitted to be carried out by a person under another statute of the province. (3) Nothing in the Pharmacy Act, 2024, shall be construed to prevent a medical practitioner from practising pharmacy and from making reasonable charges for pharmaceutical services rendered or goods supplied in emergency situations or when the services of a pharmacist are not readily available. (4) [Rep. by 2024 c22 s41] 2011 cM-4.02 s78 ; 2012 cP-12.2 s64 ; 2024 cP-12.3 c74 ; 2024 c22 s41 Back to Top Offence 79. (1) A person, other than a person who is licensed under this Act, shall not (a) engage in the practice of medicine or the practice of physician assisting; (b) represent or allege by advertisement, sign or statement of any kind to be entitled to engage in the practice of medicine or the practice of physician assisting; or (c) take or use a name, title or description implying or calculated to lead the public to believe that the person is licensed under this Act. (2) A person who violates subsection (1) is guilty of an offence and is liable upon summary conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both a fine and imprisonment. (3) In a prosecution under this section, the onus of proof that the person accused of the offence has the right or privilege to engage in the practice of medicine or the practice of physician assisting is on the person accused. 2011 cM-4.02 s79 ; 2022 c21 s39 ; 2024 c22 s42 PART IX TRANSITION, REPEAL AND COMMENCEMENT Back to Top Transition 80. (1) The members of the council elected under section 8 of the Medical Act, 2005 are continued as members of the council until an election is held under section 9 of this Act. (2) The appointments of the members of the council, the complaints authorization committee and the disciplinary panel made under the authority of the Medical Act, 2005 are continued for the purpose of this Act. (3) Where, before the coming into force of this Act an allegation was filed or a disciplinary hearing had commenced under the authority of the Medical Act, 2005 , that allegation or disciplinary hearing shall continue to be investigated or heard in accordance with Part V of this Act. 2011 cM-4.02 s80 Back to Top SNL2005 cM-4.01 Rep. 81. The Medical Act, 2005 is repealed. 2011 cM-4.02 s81 Back to Top NLR 29/00 Rep. 82. The Prescription Drug Monitoring Program Regulations , Newfoundland and Labrador Regulation 29/00, is repealed. 2011 cM-4.02 s82 Back to Top Commencement 83. Section 29, paragraph 44(1)(c) and Part VII of this Act come into force on December 31, 2011. 2011 cM-4.02 s83