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Newfoundland Regulation 1999


NEWFOUNDLAND REGULATION 48/99

NEWFOUNDLAND REGULATION 48/99

Medical Board Regulations (Amendment)
under the
Medical Act

(Filed May 31, 1999)

Under the authority of section 13 of the Medical Act, the Newfoundland Medical Board, with the approval of the Minister of Health and Community Services, makes the following regulations.

Dated at St. Johnís, May 25, 1999.

Joan Marie Aylward
Minister of Health and Community Services

Robert Young
Newfoundland Medical Board

REGULATIONS

Analysis


††††††† 1.†† S.2 Amdt.
Interpretation

††††††† 2.†† S.10.1Amdt.
Certificate of good standing

††††††† 3.†† S.14 R&S
Educational register


CNR 1113/96
as amended

††††††† 1. Subsection 2(4) of the Medical Board Regulations is repealed and the following substituted:

†††††††††††† (4)For the purpose of the regulations, a certificate of good standing means a certificate of good standing or analogous document from the responsible officer of a medical body having jurisdiction in the place at which a person may have practised medicine or been registered to practice medicine, regarding the professional and practice standing of the person in the jurisdiction and including the information that is provided in accordance with the governing legislation and practice of the medical body.

 

††††††† 2. Subsections 10.1(3) and (4) of the regulations are repealed and the following substituted:

†††††††††††† (3)A medical practitioner licensed with the board

†††††††††††† (a)who has been practising medicine or performing a locum service in another jurisdiction for a continuous period of 8 weeks or more; or

†††††††††††† (b)who has been practising medicine or performing locum services in another jurisdiction or jurisdictions intermittently for a cumulative period of 8 weeks or more within the preceding 12 months; and

†††††††††††† (c)who returns to the province to resume a practice of medicine or commence or resume a locum service

shall provide to the Registrar a certificate of good standing for that period from the other jurisdiction or jurisdictions within 30 days of his or her return to the province.

†††††††††††† (4)Notwithstanding subsection 10.1(3), where the registrar is advised by a medical practitioner that he or she will be practising medicine or performing locum services in another jurisdiction intermittently throughout a licence year, the registrar may permit that medical practitioner to comply with subsection 10.1(3) by providing certificates of good standing for the other jurisdiction for the periods ending June 1 and November 1 in that licence year within 30 days of the respective end date.

†††††††††††† (5)Notwithstanding the requirements to provide a certificate of good standing within a 30 day period required by subsections (3) and (4), the registrar may in his or her discretion extend this time period where the registrar is satisfied that the medical practitioner has not provided the certificate of good standing due to inadvertence or for a cause not within the control of the medical practitioner.

†††††††††††† (6)Where it appears that a medical practitioner licensed with the board has or may have practised medicine or performed a locum service in another jurisdiction or jurisdictions for a continuous period of 8 weeks or more or for a cumulative period of 8 weeks or more within the preceding 12 months, and no certificate of good standing from the other jurisdiction or jurisdictions or explanation satisfactory to the registrar has been provided, the registrar may inquire of that medical practitioner and of the medical body having jurisdiction regarding the professional and practice standing of the medical practitioner in that jurisdiction.

†††††††††††† (7)Where the board is satisfied that a person has been unable to obtain a certificate of good standing under the requirements of subsection (1), (2), or (3), for a cause not within the control of the person, the board may waive the requirement for those certificates.

†††††††††††† (8)The failure of a medical practitioner to provide a certificate of good standing as required under these regulations may be considered as grounds for denying an application for renewal of licence and, upon the board being satisfied that the failure was wilful and without reasonable excuse, as professional misconduct.

†††††††††††† (9)In addition to a certificate of good standing, the board may require recommendations from appropriate authorities in another jurisdiction where the applicant has practised medicine and may require references which are acceptable to the board from not fewer than 3 physicians in that other jurisdiction.

 

††††††† 3. Section 14 of the regulations is repealed and the following substituted:

PART VI
EDUCATIONAL REGISTER

Educational register

††††† 14. (1) A person enrolled as an undergraduate student in the school of medicine of Memorial University of Newfoundland may have his or her name entered upon the educational register of the board, provided the board is in receipt of the written notification from the Dean of Medicine of Memorial University of Newfoundland of the name and address of the person, confirming his or her enrolment as an undergraduate student in the school of medicine of Memorial University of Newfoundland, and recommending that his or her name be entered upon the educational register.

†††††††††††† (2) A graduate of the school of medicine of Memorial University of Newfoundland or of a school or faculty of medicine accredited by the CACMS and the LCME, engaged in postgraduate work at a hospital affiliated with the school of medicine of Memorial University of Newfoundland may have his or her name entered upon the educational register of the board, provided

†††††††††††† (a)the board is in receipt of written notification from the Dean of Medicine of Memorial University of Newfoundland or his or her delegate of the personís enrolment in a postgraduate training program at the school of medicine of Memorial University of Newfoundland;

†††††††††††† (b)the board is in receipt of the personís completed application for registration;

†††††††††††† (c)the person has paid the prescribed fees;

†††††††††††† (d)the board is in receipt of a satisfactory copy or other satisfactory proof of the personís degree in medicine; and

†††††††††††† (e)the board is in receipt of a certificate of good standing from each licensing authority under whose jurisdiction the person has held a licence or been registered to practice medicine.

†††††††††††† (3)A graduate of a school or faculty of medicine in the United Kingdom, the Republic of Ireland, Australia, New Zealand, or South Africa, engaged in postgraduate work at a hospital affiliated with the school of medicine of Memorial University of Newfoundland may have his or her name entered upon the educational register of the board, provided

†††††††††††† (a)the board is in receipt of written notification from the Dean of Medicine of Memorial University of Newfoundland or his or her delegate of the personís enrolment in a postgraduate training program at the school of medicine of Memorial University of Newfoundland;

†††††††††††† (b)the board is in receipt of the personís completed application for registration;

†††††††††††† (c)the person has paid the prescribed fees;

†††††††††††† (d)the board is in receipt of a satisfactory copy or other satisfactory proof of the personís degree in medicine; and

†††††††††††† (e)the board is in receipt of a certificate of good standing from each licensing authority under whose jurisdiction the person has held a licence or been registered to practice medicine.

†††††††††††† (4)A graduate of an approved faculty or school of medicine other than one referred to in subsection (2) or (3) engaged in postgraduate work at a hospital affiliated with the school of medicine of Memorial University of Newfoundland may have his or her name entered upon the educational register of the board, provided

†††††††††††† (a)the board is in receipt of written notification from the Dean of Medicine of Memorial University of Newfoundland or his or her delegate of the personís enrolment in a postgraduate training program at the school of medicine of Memorial University of Newfoundland;

†††††††††††† (b)the board is in receipt of the personís completed application for registration;

†††††††††††† (c)the person has paid the prescribed fees;

†††††††††††† (d)the board is in receipt of a satisfactory copy or other satisfactory proof of the personís degree in medicine;

†††††††††††† (e)the board is in receipt of a certificate of good standing from each licensing authority under whose jurisdiction the person has held a licence or been registered to practice medicine;

††††††††††††† (f)a person whose first language is not English demonstrates to the board a reasonable fluency in the English language; and

†††††††††††† (g)the person has

††††††††††††††††††††† (i)satisfactorily completed the evaluating examination of the Medical Council of Canada not more than 5 years immediately before the date of making the application for registration,

†††††††††††††††††††† (ii)passed Part I of the qualifying examination of the Medical Council of Canada,

††††††††††††††††††† (iii)completed one year of postgraduate basic clinical training in Canada, the United States of America, the United Kingdom, the Republic of Ireland, Australia, New Zealand or South Africa, or

††††††††††††††††††† (iv)held immediately before making application for registration a provisional licence from the board and has satisfactorily completed the evaluating examination of the Medical Council of Canada.

†††††††††††† (5)A graduate of an approved faculty or school of medicine, who

†††††††††††† (a)has his or her name entered on the educational register or equivalent of a medical licensing authority of another province of Canada; and

†††††††††††† (b)who is enrolled in a postgraduate training program at the school of medicine of Memorial University of Newfoundland

may have his or her name entered upon the educational register of the board, provided

†††††††††††† (c)the board is in receipt of written notification from the Dean of Medicine of Memorial University of Newfoundland or his or her delegate of the personís enrolment in a postgraduate training program at the school of medicine of Memorial University of Newfoundland;

†††††††††††† (d)the board is in receipt of the personís completed application for registration;

†††††††††††† (e)the person has paid the prescribed fees;

††††††††††††† (f)the board is in receipt of a satisfactory copy or other satisfactory proof of the personís degree in medicine; and

†††††††††††† (g)the board is in receipt of a certificate of good standing from each licensing authority under whose jurisdiction the person has held a licence or been registered to practice medicine.

†††††††††††† (6)A graduate of an approved faculty or school of medicine who

†††††††††††† (a) is required to enter into a clinical assessment in a medical school affiliated assessment program under subsections 8(1) and (2), section 9 or subsection 10.4(4); and

†††††††††††† (b) is required to complete a training program at the school of medicine of Memorial University of Newfoundland, the content, duration and level of clinical responsibility of which shall be determined by the board,

may have his or her name entered upon the educational register of the board, provided

†††††††††††† (c)the board is in receipt of written notification from the Dean of Medicine of Memorial University of Newfoundland or his or her delegate of the personís enrolment in the training program referred to in paragraph (b);

†††††††††††† (d)the board is in receipt of the personís completed application for registration;

†††††††††††† (e)the person has paid the prescribed fees;

††††††††††††† (f)the board is in receipt of a satisfactory copy or other satisfactory proof of the personís degree in medicine;

†††††††††††† (g)the board is in receipt of a certificate of good standing from each licensing authority under whose jurisdiction the person has held a licence or been registered to practice medicine;

†††††††††††† (h)a person whose first language is not English demonstrates to the board a reasonable fluency in the English language;

††††††††††††† (i)the person has completed one year of postgraduate basic clinical training; and

††††††††††††† (j)the person has

††††††††††††††††††††† (i)satisfactorily completed the evaluating examination of the Medical Council of Canada not more than 5 years immediately before the date of making the application for a registration, or

†††††††††††††††††††† (ii)passed Part I of the qualifying examination of the Medical Council of Canada, or

††††††††††††††††††† (iii)completed one year of postgraduate basic clinical training in Canada, the United States of America, the United Kingdom, the Republic of Ireland, Australia, New Zealand or South Africa, or

††††††††††††††††††† (iv)held immediately before making application for registration a provisional licence from the board and has satisfactorily completed the evaluating examination of the Medical Council of Canada.

†††††††††††† (7)A graduate of an approved faculty or school of medicine who has been out of active clinical practice for a period of three years or more, who

†††††††††††† (a)has been accepted into a postgraduate training program at the school of medicine of Memorial University of Newfoundland; and

†††††††††††† (b)prior to participating in the accredited postgraduate training program, is required by the board to satisfactorily complete an assessment program at an undergraduate level, the content and duration of which shall be determined by the board,

may have his or her name entered upon the educational register of the board for the purpose of entering that assessment program, provided

†††††††††††† (c)the board is in receipt of written notification from the Dean of Medicine of Memorial University of Newfoundland or his or her delegate of the personís enrolment in the postgraduate training program;

†††††††††††† (d)the board is in receipt of the personís completed application for registration;

†††††††††††† (e)the person has paid the prescribed fees;

††††††††††††† (f)the board is in receipt of a satisfactory copy or other satisfactory proof of the personís degree in medicine;

†††††††††††† (g)the board is in receipt of a certificate of good standing from each licensing authority under whose jurisdiction the person has held a licence or been registered to practice medicine;

†††††††††††† (h)a person whose first language is not English demonstrates to the board a reasonable fluency in the English language; and

††††††††††††† (i)the person has

††††††††††††††††††††† (i)satisfactorily completed the evaluating examination of the Medical Council of Canada not more than 5 years immediately before the date of making the application for a registration,

†††††††††††††††††††† (ii)passed Part I of the qualifying examination of the Medical Council of Canada,

††††††††††††††††††† (iii)completed one year of postgraduate basic clinical training in Canada, the United States of America, the United Kingdom, the Republic of Ireland, Australia, New Zealand or South Africa, or

††††††††††††††††††† (iv)held immediately before making application for registration a provisional licence from the board and has satisfactorily completed the evaluating examination of the Medical Council of Canada.

†††††††††††† (8)A graduate of an approved faculty or school of medicine who has been out of active clinical practice for a period of three years or more, who

†††††††††††† (a)has been accepted into a clinical training program at the school of medicine of Memorial University of Newfoundland; and

†††††††††††† (b)as a component of the clinical training program, is required by the board to satisfactorily complete an assessment program at an undergraduate level, the content and duration of which shall be determined by the board,

may have his or her name entered upon the educational register of the board for the purpose of entering the assessment program, provided

†††††††††††† (c)the board is in receipt of written notification from the Dean of Medicine of Memorial University of Newfoundland or his or her delegate of the personís enrolment in the clinical training program;

†††††††††††† (d)the board is in receipt of the personís completed application for registration;

†††††††††††† (e)the person has paid the prescribed fees;

††††††††††††† (f)the board is in receipt of a satisfactory copy or other satisfactory proof of the personís degree in medicine;

†††††††††††† (g)the board is in receipt of a certificate of good standing from each licensing authority under whose jurisdiction the person has held a licence or been registered to practice medicine;

†††††††††††† (h)a person whose first language is not English demonstrates to the board a reasonable fluency in the English language;

††††††††††††† (i)the person has completed one year of postgraduate basic clinical training; and

††††††††††††† (j)the person has

††††††††††††††††††††† (i)satisfactorily completed the evaluating examination of the Medical Council of Canada not more than 5 years immediately before the date of making the application for a registration,

†††††††††††††††††††† (ii)passed Part I of the qualifying examination of the Medical Council of Canada,

††††††††††††††††††† (iii)completed one year of postgraduate basic clinical training in Canada, the United States of America, the United Kingdom, the Republic of Ireland, Australia, New Zealand or South Africa; or

††††††††††††††††††† (iv)held immediately before making application for registration a provisional licence from the board and has satisfactorily completed the evaluating examination of the Medical Council of Canada.

†††††††††††† (9)A person whose name has been entered on the education register under subsection (7) or (8) for the purpose of entering the assessment program at an undergraduate level shall only have his or her name entered on the educational register for the purpose of entering the postgraduate training program referred to in paragraph (7)(a) or the clinical training program referred to in paragraph (8)(a) upon satisfactory completion of the assessment program.

†††††††††† (10)A graduate of an approved faculty or school of medicine who has been out of active clinical practice for a period of three years or more, who

†††††††††††† (a)has been accepted into a clinical training program at the school of medicine of Memorial University of Newfoundland; and

†††††††††††† (b)has passed Part I and Part II of the Medical Council of Canada qualifying examinations within the preceding 2 years,

may have his or her name entered upon the educational register of the board for the purpose of entering the clinical training program, provided

†††††††††††† (c)the board is in receipt of written notification from the Dean of Medicine of Memorial University of Newfoundland or his or her delegate of the personís enrolment in the clinical training program;

†††††††††††† (d)the board is in receipt of the personís completed application for registration;

†††††††††††† (e)the person has paid the prescribed fees;

††††††††††††† (f)the board is in receipt of a satisfactory copy or other satisfactory proof of the personís degree in medicine;

†††††††††††† (g)the board is in receipt of a certificate of good standing from each licensing authority under whose jurisdiction the person has held a licence or been registered to practice medicine;

†††††††††††† (h)a person whose first language is not English demonstrates to the board a reasonable fluency in the English language; and

††††††††††††† (i)the person has completed one year of postgraduate basic clinical training.

†††††††††† (11)A person entered in the educational register under subsection (1), (2), (3), (4), (5), (6) , (7), (8), (9) or (10)

†††††††††††† (a)shall carry out only those duties and perform only those procedures that are assigned to the person by and under the supervision of a medical practitioner licensed by the board, and only in relation to the undergraduate training program, postgraduate training program or other training or assessment program in which the person is enrolled and of which the board has been notified under this section;

†††††††††††† (b)shall not issue or sign prescriptions, certificates, statements or other documents which the Act restricts to persons holding a licence under the Act; and

†††††††††††† (c)shall only be entered on the educational register for the duration of his or her enrolment in the undergraduate training program, postgraduate training program or other training or assessment program of which the board has been notified under this section.

†††††††††† (12)A medical practitioner who holds a full licence and who is enrolled in postgraduate training program at Memorial University of Newfoundland may have his or her name entered upon the educational register of the board, provided

†††††††††††† (a)the board is in receipt of written notification from the Dean of Medicine of Memorial University of Newfoundland or his or her delegate in postgraduate training program;

†††††††††††† (b)the board is in receipt of the practitionerís completed application for registration;

†††††††††††† (c)the practitioner has paid the prescribed fees;

†††††††††††† (d)the practitioner, in relation to the postgraduate training program only, shall carry out only those duties and perform only those procedures that are assigned to him or her by and under the supervision of a medical practitioner responsible for supervising that postgraduate training program; and

†††††††††††† (e)the practitioner shall only be entered on the educational register for the duration of his or her enrolment in the postgraduate training program of which the board has been notified under this subsection.

†††††††††† (13)A graduate of an approved faculty or school of medicine who is enrolled in a postgraduate training program at the school of medicine of Memorial University of Newfoundland and who has satisfactorily completed one year of postgraduate training acceptable to the board, may be issued a postgraduate prescribing provisional licence, at the written request to the board of the Dean of Medicine of Memorial University of Newfoundland or his or her delegate, for the sole and limited purpose of issuing, without a counter signature, prescriptions which may be dispensed in retail pharmacies for patients seen in the course of his or her postgraduate training program.

†††††††††† (14)A person enrolled in the second year family practice training program at the school of medicine of Memorial University of Newfoundland may be issued a family practice training provisional licence, at the written request to the board of the Dean of Medicine of Memorial University of Newfoundland or his or her delegate, for the sole and limited purposes of

†††††††††††† (a)carrying out only duties and performing only procedures in relation to the second year family practice training program; and

†††††††††††† (b)issuing, without a counter signature, prescriptions, certificates, statements or other documents which the Act restricts to persons holding a licence under the Act, but only in relation to the second year family practice training program.

†††††††††† (15)A postgraduate prescribing provisional licence issued to a person under subsection (13) and a family practice training provisional licence issued to a person under subsection (14) shall expire immediately upon the cessation of the personís enrolment in the respective training program and is non-renewable.

†††††††††† (16)Where a person has not been licensed by the board but has held a licence to practice medicine or has been registered to practice medicine by a medical authority in another jurisdiction the person shall as a further condition for the entry of his or her name on the educational register

†††††††††††† (a)provide a certificate of good standing from each medical authority or jurisdiction under which he or she has held a licence to practise medicine or has been registered to practice medicine, dated not more than 6 months prior to entry on the educational register; and

†††††††††††† (b)provide a certificate of good standing from the medical authority or jurisdiction under which he or she last practised medicine, dated not more than 6 weeks prior to entry on the educational register.

†††††††††† (17)Where a person has been licensed with the board and, since making application for that licence or for renewal of that licence, has practised medicine under another medical authority or jurisdiction, the person shall as a further condition for the entry of his or her name on the educational register

†††††††††††† (a)provide a certificate of good standing from each medical authority or jurisdiction under which he or she has practised medicine since the personís last successful application to the board for a licence or renewal of licence, dated not more than 6 months prior to entry on the educational register; and

†††††††††††† (b)provide a certificate of good standing from the medical authority or jurisdiction under which he or she last practised medicine, dated not more than 6 weeks prior to entry on the educational register.

†††††††††† (18) For the purpose of subsections (16) and (17), the board may determine whether a person is to be considered as having practised medicine under another medical authority or jurisdiction and, without limiting the foregoing, may consider a person to have practised medicine in the course of being enrolled in a medical training program under another medical authority or jurisdiction.

†††††††††† (19) In addition to a requirement to provide a certificate of good standing under this section, where a registry or similar entity, recognized by the board, records information relating to the medical practice of medical practitioners, the board may require a medical practitioner, upon his or her application for licence or renewal of licence, to provide the certificate or other record issuable by that registry or entity.

†††††††††† (20)Where the board is satisfied that a person has been unable to obtain a certificate of good standing under subsection (16) or (17), the board may waive the requirement for the certificates.

†††††††††† (21)The board may require recommendations from appropriate authorities in another jurisdiction where the person requesting to be entered on the educational register has practised medicine and may require references which are acceptable to the board from not fewer than 3 physicians in that other jurisdiction.

†††††††††† (22)Documents forwarded to the board under this section shall be in English or presented with an English translation made by a person who is acceptable to the board.