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Second
Session, 50th General Assembly 3 Charles III, 2024 |
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AN ACT TO AMEND THE
MEDICAL ACT, 2011 NO. 2 |
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Received and Read the First Time................................................................ |
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Second
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Committee..................................................................................
Amendment
Nov. 19, 2024 |
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Third
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Royal Assent................................................................................................. |
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HONOURABLE JOHN HOGAN, KC Minister of Health and Community Services and Attorney General |
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Ordered to be printed by
the Honourable House of Assembly |
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EXPLANATORY NOTES This Bill would amend the Medical Act, 2011 to · authorize the regulation of physician assistants; · amend the definition of licence, medical practitioner, practice of medicine and registrar; · add definitions of elected member, health region 1, health region 2, health region 3, health region 4, health region 5, learner, medical licence, physician assistant, physician assistant licence and practice of physician assisting; · provide that medical practitioners who hold a medical licence are members of the Newfoundland and Labrador Medical Association; · amend the composition of the council; · remove the requirement that the registrar, the deputy registrar and assistant registrars be medical practitioners; · amend the quorum for a meeting of the council; · remove the requirement that a code of ethics established by the council include a definition of "professional misconduct" and "conduct unbecoming a medical practitioner" for the purposes of sections 39 to 56 of the Act, standards governing the practice of medicine and rules respecting methods of advertising; · authorize the council to make by-laws defining the terms "professional misconduct", "conduct unbecoming", "professional incompetence" and "incapacity or unfitness to practise" for the purposes of sections 39 to 56 of the Act, establishing standards governing the practice of medicine and the practice of physician assisting and establishing rules respecting methods of advertising; · amend the expiry date of licences; · allow persons or a category of persons prescribed in the regulations to be exempted, in accordance with the regulations, from the requirement to be registered or licensed under the Act in order to engage in the practice of medicine or the practice of physician assisting; · amend the definition of "complainant" to exclude a person who makes a report under section 41 of the Act; · remove the requirement that members of the complaints authorization committee be members of the council; · authorize the college to appoint members of the public to the peer assessment committee; · authorize the college to appoint the quality assurance committee to act as the peer assessment committee; · provide that costs incurred by a medical practitioner for a reassessment directed by the peer assessment committee be paid by the medical practitioner; · authorize an assessor or a member of a peer assessment committee to provide to the council information relating to any alleged conduct deserving of sanction; · remove the requirement for the peer assessment committee to prepare and publish a report respecting its activities for the preceding year; and · provide that the excusing of a witness in a legal proceeding from providing information obtained as part of a peer assessment or from producing documents made by the peer assessment committee does not apply where the peer assessment committee refers a matter to the council to be dealt with as a complaint. A BILL AN ACT TO AMEND THE MEDICAL ACT, 2011 Analysis 1.
S.2 Amdt. 2.
S.6 Amdt. 3. S.8 R&S Objects of college 4. S.9 Amdt. Council of college 5.
S.11 Amdt. 6. S.12 R&S Quorum 7.
S.13 Amdt. 8.
S.15 Amdt. 9.
S.16 Amdt. 10. S.19.4 Added Physician assistant registration 11. S.20 Amdt. Education register 12. S.24 R&S Medical licence 13. S.24.1 Added Physician assistant licence 14. S.26 R&S Examination of applicants 15.
S.27 Amdt. 16.
S.27.1 Added. 17. S.28 R&S Validity of certificates 18. S.29 R&S Continuing professional development 19.
S.33 Amdt. 20.
S.39 Amdt. 21. S.40 Amdt. Committees 22.
S.41 Amdt. 23.
S.42 Amdt. 24.
S.44 Amdt. 25. S.45 R&S Adjudication tribunal 26.
S.48 Amdt. 27.
S.49 Amdt. 28.
S.51 R&S 29. S.57 R&S Peer assessment committee 30. S.63 R&S Costs 31.
S.64 Amdt. 32.
S.65 Rep. 33.
S.66 Amdt. 34. S.69 Amdt. Quality assurance committee 35. S.70 R&S Duty to comply 36. S.71 Amdt. Conduct of review 37.
S.72 Amdt. 38.
S.73 Amdt. 39. S.74 Amdt. Emergency treatments: liability 40.
S.77 Amdt. 41.
S.78 Amdt. 42.
S.79 Amdt. 43. SNL2018 cC-12.3 Amdt. 44. SNL2009 cC-14.01 Amdt. 45. RSNL1990 cE-9 Amdt. 46. SNL1995 cP-37.1 Amdt. 47. RSNL1990 cH-15 Amdt. 48. RSNL1990 cL-18 Amdt. 49. SNL2005 cO-4.1 Amdt. 50. SNL2008 cP-7.01 Amdt. 51. SNL2006 cP-12.01 Amdt. 52. SNL2024 cP-12.3 Amdt. 53. SNL2018 cP-37.3 Amdt. 54. SNL2009 cV-6.01 Amdt. 55. SNL2022 cW-11.1 Amdt. 56. NLR 45/15 Amdt. 57. NLR 114/96 Amdt. 58. CNLR 1154/96 Amdt. 59. NLR 121/18 Amdt. 60. CNLR 1156/96 Amdt. 61. NLR 34/18 Amdt. 62. Commencement Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows: SNL2011 cM-4.02 1. (1) Section 2 of the Medical Act, 2011 is amended by adding immediately after paragraph (e) the following: (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; (2) Paragraph 2(f) of the Act is repealed and the following substituted: (f) "licence" means (i) a medical licence, or (ii) a physician assistant licence; (3) Subsection 2 of the Act is amended by adding immediately after paragraph (f) the following: (f.1) "medical licence" means a licence issued under section 24 to engage in the practice of medicine; (4) Paragraph 2(g) of the Act is repealed and the following substituted: (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; (5) Section 2 of the Act is amended by adding immediately after paragraph (l.1) the following: (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; (6) Paragraph 2(m) of the Act is repealed and the following substituted: (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; (7) Section 2 of the Act is amended by adding immediately after paragraph (m) the following: (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; (8) Paragraph 2(p) of the Act is repealed and the following substituted: (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 (9) Paragraph 2(q) of the Act is repealed and the following substituted: (q) "registrar" means the person appointed as registrar under subsection 11(2). 2. Section 6 of the Act is repealed and the following substituted: 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. 3. Section 8 of the Act is repealed and the following substituted: 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 quality 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. 4. (1) Subsection 9(1) of the Act is repealed and the following substituted: 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 Provincial Association of Residents of Newfoundland and Labrador. (2) Section 9 of the Act is amended by adding immediately after subsection (1) the following: (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. (3) Paragraph 9(2)(b) of the Act is amended by deleting the reference "paragraph (1)(b) or (c)" and substituting the reference "paragraphs (1)(b) to (f)". (4) Subsection 9(5) of the Act is amended by deleting the reference "paragraph (1)(c)" wherever it appears and substituting the reference "paragraph (1)(e)". 5. (1) Subsection 11(2) of the Act is amended by (a) deleting the words "medical practitioner" and substituting the word "person"; and (b) adding immediately after the word "another" the word "person". (2) Subsection 11(3) of the Act is amended by deleting the words "medical practitioners" and substituting the word "persons". 6. Section 12 of the Act is repealed and the following substituted: 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. 7. Paragraph 13(3)(e) of the Act is amended by deleting the words "medical practitioners" and substituting the words "medical practitioners, learners and physician assistants". 8. (1) Paragraph 15(1)(i) of the Act is repealed and the following substituted: (i) establishing a code of ethics; (2) Subsection 15(1) of the Act is amended by adding immediately after paragraph (i) the following: (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; (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 (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; (4) Subsection 15(1) of the Act is amended by adding immediately after paragraph (n) the following: (n.1) recognizing schools, courses and examinations for the purposes of registration under section 19.4 and licensing under section 24.1; and 9. (1) Paragraph 16(1)(d) of the Act is amended by adding immediately after the words "practise medicine" the words "or physician assisting". (2) Paragraph 16(1)(e) of the Act is amended by deleting the words "medical practitioners" and substituting the words "medical practitioners, learners and physician assistants". (3) Paragraph 16(1)(f) of the Act is repealed and the following substituted: (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; (4) Paragraph 16(1)(h) of the Act is repealed and the following substituted: (h) the scope of practice and the terms and conditions of a licence under subsection 24(3) and 24.1(2); (5) Subsection 16(1) of the Act is amended by adding immediately after paragraph (i) the following: (i.1) the exemption of persons or category of persons for the purposes of section 27.1; (6) Paragraph 16(1)(n) of the Act is repealed and the following substituted: (n) continuing professional development and remedial education for medical practitioners and physician assistants; (7) Paragraph 16(1)(q) of the Act is amended by deleting the words "medical practitioner" and substituting the words "medical practitioner, learner and physician assistant". 10. The Act is amended by adding immediately after section 19.3 the following: 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. 11. Subsection 20(1) of the Act is repealed and the following substituted: 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. 12. Section 24 of the Act is repealed and the following substituted: 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. 13. The Act is amended by adding immediately after section 24 the following: 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. 14. Section 26 of the Act is repealed and the following substituted: 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. 15. Section 27 of the Act is amended by deleting the words "medical practitioners" and substituting the words "medical practitioners, learners and physician assistants". 16. The Act is amended by adding immediately after section 27 the following: 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. 17. Section 28 of the Act is repealed and the following substituted: 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. 18. Section 29 of the Act is repealed and the following substituted: 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. 19. Subsection 33(2) of the Act is repealed and the following substituted: (2) A licence issued under this section expires no later than one year after the date on which the licence was issued. 20. (1) Paragraph 39(b) of the Act is amended by deleting the words "and includes a person making a report under section 41". (2) Subparagraphs 39(c)(iii) and (iv) of the Act are repealed and the following substituted: (iii) conduct unbecoming, (iv) incapacity or unfitness to practise, and (3) Paragraph 39(f) of the Act is repealed and the following substituted: (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. 21. (1) Subsection 40(1) of the Act is repealed and the following substituted: Committees 40. (1) The council shall appoint at least 3 persons in accordance with subsection (1.1) to constitute a complaints authorization committee. (2) Section 40 of the Act is amended by adding immediately after subsection (1) the following: (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). (3) Subsection 40(4) of the Act is repealed and the following substituted: (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) Section 40 of the Act is amended by adding immediately after subsection (4) the following: 22. (1) Subsection 41(1) of the Act is repealed and the following substituted: Report by member (2) Subsection 41(3) of the Act is repealed and the following substituted: (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. 23. Subsection 42(3) of the Act is repealed and the following substituted: (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. 24. (1) Paragraph 44(3)(b) of the Act is amended by deleting the words "a continuing or remedial education program" and substituting the words "continuing professional development or remedial education". (2) Subsection 44(8) of the Act is repealed and the following substituted: (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). 25. Section 45 of the Act is repealed and the following substituted: 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. 26. Subparagraph 48(2)(g)(v) of the Act is repealed and the following substituted: (v) engage in continuing professional development or remedial education, 27. (1) Paragraph 49(3)(e) of the Act is repealed and the following substituted: (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; (2) Subparagraph 49(3)(g)(v) of the Act is repealed and the following substituted: (v) engage in continuing professional development or remedial education, 28. Section 51 of the Act is repealed and the following substituted: 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. (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. 29. Section 57 of the Act is repealed and the following substituted: 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. 30. Section 63 of the Act is repealed and the following substituted: 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) costs 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. 31. Subsection 64(2) of the Act is repealed and the following substituted: (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. 32. Section 65 of the Act is repealed. 33. Subsection 66(3) of the Act is repealed and the following substituted: (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. 34. (1) Subsection 69(1) of the Act is repealed and the following substituted: Quality assurance committee 69. (1)
The 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) Subsection 69(2) of the Act is amended by deleting the words "medical practitioners" and substituting the words "medical practitioners, learners and physician assistants". (3) Subsection 69(3) of the Act is amended by deleting he words "medical practitioners" and substituting the words "medical practitioners, learners or physician assistants". 35. Section 70 of the Act is repealed and the following substituted: 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. 36. (1) Subsection 71(1) of the Act is repealed and the following substituted: 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) Paragraph 71(2)(a) of the Act is amended by (a) deleting the words "medical practitioner" and substituting the words "medical practitioner, learner, physician assistant"; and (b) deleting the words "medical practitioner's practice" and substituting the words "medical practitioner's practice, learner's practice or physician assistant's practice". (3) Paragraph 71(2)(b) of the Act is repealed and the following substituted: (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; (4) Paragraph 71(2)(c) of the Act is amended by deleting the words "medical practitioner's" and substituting the words "medical practitioner's, learner's or physician assistant's". (5) Paragraph 71(2)(d) of the Act is repealed and the following substituted: (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. (6) Subsection 71(3) of the Act is repealed and the following substituted: (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). (7) Subsection 71(4) of the Act is amended by deleting the words "medical practitioner" and substituting the words "medical practitioner, learner or physician assistant". (8) Subsection 71(5) of the Act is repealed and the following substituted: (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). (9) Subsection 71(6) of the Act is amended by deleting the words "medical practitioner" and substituting the words "medical practitioner, learner, physician assistant". 37. Section 72 of the Act is amended by deleting the words "medical practitioner" wherever they appear and substituting the words "medical practitioner, learner or physician assistant". 38. Subsection 73(1) of the Act is amended by deleting the words "medical practitioner" wherever they appear and substituting the words "medical practitioner, learner or physician assistant". 39. Section 74 of the Act is amended by deleting the words "medical practitioner" wherever they appear, and substituting the words "medical practitioner, learner or physician assistant." 40. Section 77 of the Act is amended by deleting the words "medical practitioner" wherever they appear and substituting the words "medical practitioner, learner or physician assistant". 41. (1) Subsection 78(2) of the Act is repealed and the following substituted: (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. (2) Subsection 78(4) of the Act is repealed. 42. Section 79 of the Act is amended by adding immediately after the words "the practice of medicine" wherever they appear, the words "or the practice of physician assisting". SNL2018 cC-12.3 Amdt. 43. Paragraph 2(1)(bb) of the Children, Youth and Families Act is repealed and the following substituted: (bb) "qualified health practitioner" means a physician, physician assistant, nurse, nurse practitioner, licensed practical nurse, dentist or dental hygienist; SNL2009 cC-14.01 44. (1) Paragraph 3(a) of the Chiropractors Act, 2009 is amended by deleting the reference "Medical Act, 2005" and substituting
the reference "Medical Act,
2011". (2) Section 3 of the Act is amended by adding immediately after paragraph (a) the following: (a.1) a physician assistant registered under the Medical Act, 2011; (3) Paragraph 39(4)(b) of the Act is repealed and the following substituted: (b) a medical practitioner or physician assistant registered under the Medical Act, 2011 and practising in a hospital or other health care facility; or RSNL1990 cE-9 Amdt. 45. (1) Section 2 of the Emergency Medical Aid Act is amended by deleting the word "and" at the end of paragraph (a) and adding immediately after paragraph (a) the following: (a.1) "physician assistant" means a person who is lawfully entitled to practise physician assisting in the province; and (2) Section 3 of the Act is amended by (a) deleting the words "a physician or registered nurse" and substituting the words" a physician, physician assistant or registered nurse"; and (b) deleting the words "the physician, registered nurse" and substituting the words "the physician, physician assistant, registered nurse". SNL1995 cP-37.1 Amdt. 46. Section 3 of the Health and Community Services Act is amended by deleting the words "medical practitioner, nurse" and substituting the words "medical practitioner, physician assistant, nurse". RSNL1990 cH-15 Amdt. 47. Paragraph 2(c) of the Human Tissue Act is repealed and the following substituted: (c) "legally qualified medical practitioner" means a person who holds a medical licence under the Medical Act, 2011; RSNL1990 cL-18 Amdt. 48. (1) Subsection 65(1) of the Liquor Control Act is amended by deleting the words "physician, dentist" and substituting the words "physician, physician assistant, dentist". (2) Paragraph 65(2)(a) of the Act is amended by deleting the words "druggist or physician" and substituting the words "druggist, physician or physician assistant". (3) Paragraph 65(2)(b) of the Act is amended by deleting the words "physician or dentist" and substituting the words "physician, physician assistant or dentist". (4) Paragraph 65(2)(c) of the Act is amended by deleting the words "physician or dentist" and substituting the words "physician, physician assistant or dentist". SNL2005 cO-4.1 Amdt. 49. Paragraph 34(a) of the Occupational Therapists Act, 2005 is repealed and the following substituted: (a) by a legally qualified medical practitioner or physician assistant; or SNL2008 cP-7.01 Amdt. 50. Subparagraph 2(1)(j)(ix) of the Personal Health Information Act is amended by deleting the reference "Medical Act, 2005" and substituting the reference "Medical Act, 2011". SNL2006 cP-12.01 Amdt. 51. Paragraph 2(p) of the Pharmaceutical Services Act is amended by adding immediately after subparagraph (i) the following: (i.1) a physician assistant licensed under the Medical Act, 2011; SNL2024 cP-12.3 Amdt. 52. Subsection 3(1) of the Pharmacy Act, 2024 is amended by adding immediately after paragraph (a) the following: (a.1) a physician assistant licensed and acting under the Medical Act, 2011; SNL2018 cP-37.3 Amdt. 53. Paragraph 2(j) of the Public Health Protection and Promotion Act is amended by adding immediately after subparagraph (ii) the following: (ii.1) a physician assistant as defined in the Medical Act, 2011, SNL2009 cV-6.01 Amdt. 54. (1) Subsection 2(1) of the Vital Statistics Act, 2009 is amended by adding immediately after paragraph (p) the following: (p.1) "physician assistant" means a physician assistant as defined in the Medical Act, 2011; (2) Paragraph 14(3)(c) of the Act is amended by adding immediately after the words "registered nurse" the words "or physician assistant". (3) Paragraph 15(4)(b) of the Act is amended by adding immediately after the words "registered nurse" wherever they appear the words "or physician assistant". (4) Subsection 16(1) of the Act is amended by deleting the words "nurse practitioner or registered nurse" and substituting the words "nurse practitioner, registered nurse or physician assistant". (5) Subsection 16(2) of the Act is amended by deleting the words "nurse practitioner, registered nurse" and substituting the words "nurse practitioner, registered nurse, physician assistant". (6) Paragraph 26.1(2)(b) of the Act is amended by adding immediately after subparagraph (i) the following: (i.1) a physician assistant, SNL2022 cW-11.1 Amdt. 55. Subsection 64(2) of the Workplace Health, Safety and Compensation Act, 2022 is amended by adding immediately after the words "nurse practitioner" the words "or physician assistant".
56. Paragraph 2(b) of the Access to Information and Protection of Privacy Regulations under the Access to Information and Protection of Privacy Act, 2015 is amended by deleting the words "medical practitioner" and substituting the words "medical practitioner, physician assistant". NLR 114/96 Amdt. 57. Subsection 18.1(6) of the Pension Benefits Act Regulations under the Pension Benefits Act, 1997 is amended by adding immediately after paragraph (g) the following: (g.1) a physician assistant as defined in the Medical Act, 2011; CNLR 1154/96 Amdt. 58. (1) Paragraph 10(2)(a) of the Radiation Health and Safety Regulations under the Radiation Health and Safety Act is amended by deleting the reference "Medical Act" and substituting the reference "Medical Act, 2011". (2) Subsection 10(2) of the regulations is amended by adding immediately after paragraph (a) the following: (a.01) a physician assistant as defined in the Medical Act, 2011; (3) Paragraph 10(3)(a) of the regulations is amended by deleting the reference "Medical Act" and substituting the reference "Medical Act, 2011". (4) Subsection 10(3) of the regulations is amended by adding immediately after paragraph (a) the following: (a.1) a physician assistant as defined in the Medical Act, 2011; NLR 121/18 Amdt. 59. Section 2 of the Residential Tenancies Regulations under the Residential Tenancies Act, 2018 is amended by adding immediately after paragraph (a) the following: (a.1) a physician assistant registered and licensed under the Medical Act, 2011; CNLR 1156/96 Amdt. 60. Paragraph 2(i.1) of the Wild Life Regulations under the Wild Life Act is amended by deleting the words "as a medical practitioner under the Medical Act, 2011" and substituting the words "as a medical practitioner under the Medical Act, 2011, as a physician assistant under the Medical Act, 2011".
61. Paragraph 2(k) of the Workplace Hazardous Materials Information System (WHMIS) Regulations, 2018 under the Occupational Health and Safety Act is amended by deleting the word "and" at the end of subparagraph (i) and adding immediately after subparagraph (i) the following: (i.1) a physician assistant who is registered and entitled under the laws of a province to practise physician assisting and who is practising physician assisting under those laws in that province, and
62. This Act comes into force on a day to be proclaimed by the Lieutenant-Governor in Council. ©King's Printer |