NEWFOUNDLAND REGULATION 28/00

CNR1113/96
as amended

1. (1) Paragraph 2(1)(r) of the Medical Board Regulations is repealed and the following substituted:

(r) "sponsor" means

(i) the Department of Health and Community Services of the government of the province,

(ii) the Faculty of Medicine of Memorial University,

(iii) the governing body of a recognized hospital or agency in the province acting upon the advice of, or after consultation with, the Medical Advisory Committee or other appropriate medical consultants to the hospital or agency seeking registration, or

(iv) a medical practitioner approved by the board under section 7.2.

(2) Section 2 of the regulations is amended by adding immediately after subsection (5) the following:

(6) For the purpose of being satisfied on licensing and renewal of licence that a medical practitioner has sufficient professional liability insurance coverage, the board may require the medical practitioner to provide his or her consent to the professional liability insurer to provide periodic confirmation to the board of continuing coverage during the period of licence.

2. (1) Section 7 of the regulations is amended by adding immediately after subsection (1) the following:

(1.1) Notwithstanding subsection (1), a provisional licence may be issued to a person who applies for a licence for entry into a sponsored practice in anaesthesia, under the general practice/anaesthesia guidelines established by the board and has

(a) a degree in medicine from an approved faculty or school of medicine; and

(b) completed at least 12 months of postgraduate training in Canada, the United States of America, the United Kingdom, the Republic of Ireland, Australia, New Zealand or the Republic of South Africa.

(2) Subsection 7(2) of the regulations is repealed and the following substituted:

(2) Notwithstanding subsections (1) and (1.1), a provisional licence to practise medicine may be issued to a person who meets the requirements of subsection (1) or (1.1) provided that he or she has

(a) been accepted for employment under a sponsor approved by the board;

(b) paid the required fees;

(d) complied with the applicable requirements of sections 9 to 10.2,

and when the licence expires, that person shall fulfil the requirements for the renewal of a provisional licence and for re-entry into a specialty care practice under the Act and the regulations.

3. The regulations are amended by adding immediately after section 7 the following:

Sponsor's undertaking required

7.1 (1) The board may require in connection with an application for a provisional licence or renewal of a provisional licence the undertaking of a sponsor to provide practice orientation and support and periodic performance reviews to the sponsored person and periodic reports to the board.

(2) An undertaking shall contain the terms and conditions that the board may require.

(3) A breach by a sponsor of an undertaking given under subsection (1) or (2) may be grounds for revocation of the provisional licence of the sponsored person.

Conditions on approval as a sponsor

7.2 (1) The board may approve a medical practitioner as a sponsor for a person applying for a provisional licence where

(a) the sponsored person has obtained either the Licentiate of the Medical Council of Canada, or the equivalent in education, training and certification for the purpose of sponsorship satisfactory to the board;

(b) the sponsored person has practised medicine in one or more Canadian jurisdictions for a continuous period of at least one year immediately before making the application for a provisional licence;

(d) the medical practitioner is in good standing with the board;

(e) the hospital board for the locality where the sponsored person will primarily practice, acting upon the advice of or after consultation with the Medical Advisory Committee, advises the board that there is a community need which will be met by the proposed sponsorship;

(f) the medical practitioner gives his or her undertaking to provide practice orientation, monitoring, and support and periodic performance reviews to the sponsored person and periodic reports to the board on the terms and condition that the board may require;

(g) the medical practitioner has not breached an obligation as a sponsor under these regulations or an undertaking given as a sponsor to the board; and

(h) the requirements of paragraphs (a) to (g) continue to be met on an application to renew the provisional licence of the sponsored person.

(2) The board may revoke its approval of a medical practitioner as a sponsor and may revoke the provisional licence of the sponsored person where one or more of the requirements of paragraphs (1)(a) to (g) are not continuing to be met.