Statutes of Newfoundland and Labrador 2022 Chapter 21

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

SNL2011 cM-4.02
as amended

1. (1) Section 2 of the Medical Act, 2011 is amended by adding immediately before paragraph (a) the following:

(a.01) "advisory committee" means the advisory committee established under section 29.1;

(2) Paragraph 2(f) of the Act is repealed and the following substituted:

(f) "licence" means a licence issued under this Act to engage in the practice of medicine;

(3) Section 2 of the Act is amended by adding immediately after paragraph (l) the following:

(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;

(4) Paragraph 2(p) of the Act is amended by deleting the words "register of specialists" and substituting the words "provisional register, associate register, clinical assistant register".

2. (1) Subsection 11(2) of the Act is amended by deleting the words "he or she" and substituting the words "the registrar or deputy registrar".

(2) Subsection 11(7) of the Act is amended by

(a) deleting the words "he or she" and substituting the words "the registrar"; and

(b) deleting the words "him or her" and substituting the words "the deputy registrar".

3. Paragraph 15(1)(n) of the Act is repealed and the following substituted:

(n) recognizing medical schools, including osteopathic medical schools, courses and examinations for the purposes of registration and licensing except for the purposes of registration under subsection 19.1(2); and

4. (1) Paragraph 16(1)(c) of the Act is repealed and the following substituted:

(2) Paragraph 16(1)(f) of the Act is amended by deleting the word "specialists" and the comma immediately after that word.

(3) Paragraph 16(1)(i) of the Act is amended by deleting the words "and provisional licences".

(4) Paragraph 16(1)(j) of the Act is repealed.

(5) Paragraph 16(1)(o) of the Act is repealed.

5. Section 18 of the Act is repealed and the following substituted:

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.

6. Section 19 of the Act is repealed.

7. The Act is amended by adding immediately after section 19 the following:

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.

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.

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.

8. (1) Subsection 23(1) of the Act is repealed and the following substituted:

Appeal to Supreme Court

23. (1) A person aggrieved by a refusal of the council to register the person, may, within 30 days after receipt of notice of that refusal, appeal against the refusal to a judge of the Supreme Court by filing with the court a notice of appeal, and by serving a copy of the notice upon the registrar.

(2) Paragraph 23(2)(b) of the Act is amended by deleting the words "his or her" and substituting the words "the appellant's".

(3) Subsection 23(6) of the Act is amended by deleting the words "Trial Division" and substituting the words "Supreme Court".

9. (1) Paragraph 24(1)(a) of the Act is amended by deleting the words "in the medical" and substituting the words "on a".

(2) Subsection 24(5) of the Act is amended by deleting the words "or a provisional licence".

(3) Section 24 of the Act is amended by adding immediately after subsection (5) the following:

(6) Where a holder of a licence does not comply with one or more of the terms or conditions attached to the licence, the council may suspend or revoke the licence.

10. Section 25 of the Act is repealed.

11. Section 26 of the Act is amended by deleting the words "a board of examiners" and substituting the words "an assessor".

12. The Act is amended by adding immediately after section 29 the following:

PART III.1
ADVISORY COMMITTEE

Advisory committee

29.1 (1) The minister shall establish an advisory committee to provide advice in relation to registration of persons under subsection 19.1(2) and other matters as determined by the minister.

(2) The advisory committee shall consist of the following members:

(a) 2 medical practitioners appointed by the minister from a list of medical practitioners submitted in accordance with subsection (3);

(b) one employee of the department selected by the deputy minister of the department; and

(3) The chief executive officer of each regional health authority continued under the Regional Health Authorities Act shall nominate one medical practitioner from the regional health authority for the advisory committee and submit that name to the minister.

(4) The minister shall set the term of office of members and the terms of reference and duties for the advisory committee.

Ministerial regulations

29.2 (1) The minister may make regulations

(a) prescribing medical schools and osteopathic medical schools for the purposes of paragraph 19.1(2)(a);

(b) prescribing jurisdictions for the purposes of paragraphs 19.1(2)(a) and (b);

(d) prescribing a time period for the purposes of subsection 19.1(3);

(e) defining a word or expression used but not defined in this Act; and

(f) generally to give effect to the purpose of this Act.

(2) The minister shall consult with the advisory committee before making regulations under paragraphs (1)(a) to (d).

(3) The minister shall, in consultation with the advisory committee, review regulations made under paragraphs (1)(a) to (d) no less than once in a year.

13. (1) Paragraph 32(2)(a) of the Act is amended by deleting the words "exercise his or her vote as he or she" and substituting the words "vote as the medical practitioner".

(2) Paragraph 32(5)(b) of the Act is amended by deleting the words "his or her" and substituting the word "the".

14. Paragraph 34(c) of the Act is amended by deleting the words "him or her" and substituting the words "the medical practitioner".

15. Section 35 of the Act is amended by deleting the words "Trial Division" wherever they appear and substituting the words "Supreme Court".

16. Section 36 of the Act is amended by

(a) deleting the words "his or her" wherever they appear and substituting the words "the medical practitioner's"; and

(b) deleting the words "he or she" wherever they appear and substituting the words "the medical practitioner".

17. Subsection 38(2) of the Act is amended by deleting the words "he or she" and substituting the words "the medical practitioner".

18. Subsection 40(6) of the Act is repealed and the following substituted:

(6) Notwithstanding the expiry of the member's term, a member of the disciplinary panel continues to be a member until reappointed or replaced.

19. Subsection 41(3) of the Act is amended by deleting the words "he or she or the" and substituting the words "the medical practitioner, person" and by adding a comma after the word "person".

20. (1) Subsection 42(1) of the Act is amended by deleting the words "his or her" and substituting the words "the complainant's".

(2) Subsection 42(2) of the Act is amended by deleting the words "his or her" and substituting the words "the registrar's".

21. Subsection 43(2) of the Act is repealed and the following substituted:

(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).

22. (1) Subsection 44(3) of the Act is amended by deleting the words "his or her" wherever they appear and substituting the words "the respondent's".

(2) Subparagraph 44(7)(a)(i) of the Act is amended by deleting the words "he or she" and substituting the words "that the person".

(3) Subsection 44(8) of the Act is amended by

(a) deleting the words "he or she" and substituting the words "the medical practitioner or person"; and

(b) deleting the words "of him or her".

(4) Subsection 44(10) of the Act is amended by deleting the words "Trial Division" and substituting the words "Supreme Court".

23. Subsection 46(2) of the Act is amended by deleting the words "his or her".

24. Subsection 48(2) of the Act is amended by deleting the words "his or her" wherever they appear and substituting the words "the respondent's".

25. Subsection 49(3) of the Act is amended by deleting the words "his or her" wherever they appear and substituting the words "the respondent's".

26. Subsection 50(1) of the Act is repealed and the following substituted:

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.

27. Section 51 of the Act is amended by deleting the words "his or her" wherever they appear and substituting the words "the respondent's".

28. Section 52 of the Act is amended by deleting the words "he or she" wherever they appear and substituting the words "the respondent".

29. Paragraph 53(1)(b) of the Act is amended by deleting the words "his or her" and substituting the words "the respondent's".

30. Section 55 of the Act is amended by deleting the words "Trial Division" wherever they appear and substituting the words "Supreme Court".

31. Section 56 of the Act is amended by deleting the words "Trial Division" wherever they appear and substituting the words "Supreme Court".

32. Paragraph 61(2)(a) of the Act is amended by deleting the words "his or her" and substituting the words "the medical practitioner's".

33. Subsection 62(1) of the Act is amended by

(a) deleting the words "his or her" and substituting the words "the assessor's"; and

(b) deleting the words "him or her" and substituting the words "the medical practitioner".

34. Subsection 68(2) of the Act is amended by deleting the words "his or her assessment" and substituting the words "the assessment of the medical practitioner".

35. Section 70 of the Act is amended by deleting the words "his or her" and substituting the words "the medical practitioner's".

36. (1) Subsection 71(1) of the Act is amended by deleting the words "his or her" and substituting the words "the medical practitioner's".

(2) Paragraph 71(2)(b) of the Act is amended by deleting the words "his or her" and substituting the words "the medical practitioner's".

(3) Subparagraph 71(2)(d)(iv) of the Act is amended by deleting the words "his or her" and substituting the words "the medical practitioner's".

(4) Subparagraph 71(2)(d)(vi) of the Act is amended by deleting the words "his or her" and substituting the words "the medical practitioner's".

(5) Subparagraph 71(2)(d)(vii) of the Act is amended by

(a) deleting the words "his or her"; and

(b) deleting the words "he or she" and substituting the words "the medical practitioner".

(6) Subsection 71(5) of the Act is amended by

(a) deleting the words "he or she" and substituting the words "the medical practitioner or person"; and

(b) deleting the words "of him or her".

37. Subsection 76(1) of the Act is repealed and the following substituted:

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.

38. Subsection 77(2) of the Act is repealed and the following substituted:

(2) A medical practitioner 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.

39. (1) Paragraph 79(1)(b) of the Act is amended by deleting the words "hold himself or herself out" and substituting the word "represent".

(2) Paragraph 79(1)(c) of the Act is amended by deleting the words "he or she" and substituting the words "the person".

Commencement

40. This Act, or a section, subsection or paragraph of it, except section 38, comes into force on a day or days to be proclaimed by the Lieutenant-Governor in Council.