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Newfoundland and Labrador
Regulation 2002


NEWFOUNDLAND AND LABRADOR REGULATION 17/02

NEWFOUNDLAND AND LABRADOR
REGULATION 17/02

Medical Board Regulations
(Amendment)
under the
Medical Act

(Filed March 11, 2002)

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. John’s, March 11, 2002.

Julie Bettney
Minister of Health and Community Services

Robert Young
Registrar,
Newfoundland Medical Board

REGULATIONS

Analysis


        1.   Ss.18.1-18.11 Added

                      PART VIII
        PROFESSIONAL
        MEDICAL
        CORPORATIONS

              18.1   Corporate licence
18.2   Expiry and renewal
18.3   Notice of change
18.4   Certification of
          documents
18.5   Maintenance of
          records
18.6   Corporate records
18.7   Corporate name
18.8   Expiry or revocation
          of licence
18.9   Liability for
          payment of fees
18.10                     Notice

                      PART IX
        GENERAL

              18.11                     General

 

 

 


CNLR 1113/96
as amended

        1. The Medical Board Regulations are amended by adding immediately after section 18 the following:

PART VIII
PROFESSIONAL MEDICAL CORPORATIONS

Corporate licence

   18.1 Registration and a corporate licence to provide the services of one or more medical practitioners shall be granted to a corporation that

             (a)  files a completed application in the form approved by the registrar, and complies with the undertakings and authorizations contained in it;

             (b)  provides to the registrar a certified copy of the articles of incorporation of the corporation;

             (c)  satisfies the registrar that the corporation complies with the requirements of the Act and these regulations relating to professional medical corporations; and

             (d)  pays the prescribed fees.

Expiry and renewal

   18.2 A corporate licence shall be renewed by the registrar where the professional medical corporation

             (a)  is in good standing with the board;

             (b)  files a completed application for renewal in the form approved by the registrar, and complies with the undertakings and authorizations contained in it;

             (c)  satisfies the registrar that the corporation continues to comply with the requirements of the Act and these regulations relating to professional medical corporations; and

             (d)  pays the prescribed fees.

Notice of change

   18.3 A professional medical corporation shall advise the registrar of a change in the information provided in an application for corporate licence or an application for renewal of a licence, in the form of notice of change approved by the registrar, within 15 days of the change, and shall pay the prescribed fee.

Certification of documents

   18.4 All applications, notices and other documents submitted to the registrar on behalf of a professional medical corporation shall be certified by all of the licensed medical practitioners who are directors or shareholders of the corporation.

Maintenance of records

   18.5 The registrar shall maintain a record of the following information with respect to each professional medical corporation:

             (a)  the name, registered office, medical offices and corporate number of the professional medical corporation;

             (b)  the names and residential addresses of all persons holding voting shares in the corporation, the number and class of voting shares held by each person, and the terms, conditions and restrictions applicable to the voting shares;

             (c)  the name and residential address of all persons holding non-voting shares in the corporation, the number and class of non-voting shares held by each person, and the terms and conditions applicable to the non-voting shares;

             (d)  the names and residential addresses of the directors of the professional medical corporation;

             (e)  the names and residential addresses of all licensed medical practitioners practising medicine as employees or on behalf of the corporation;

              (f)  the date of issuance of the original licence to the professional medication corporation;

             (g)  each date of renewal of the licence of the professional medical corporation; and

             (h)  the other particulars that may be directed by the board or that the registrar considers appropriate.

Corporate records

   18.6 A professional medical corporation shall

             (a)  maintain current financial records in accordance with generally accepted accounting principles;

             (b)  prepare a financial statement at the end of each fiscal year;

             (c)  maintain current patient records; and

             (d)  maintain, in accordance with generally accepted business standards, records with respect to its employees.

Corporate name

   18.7 (1) The name of a professional medical corporation shall contain

             (a)  the surnames, or the surnames and a combination of the given names or initials and professional designation, of one or more licensed medical practitioners who hold voting shares in the corporation or who are practising medicine as employees or on behalf of the corporation;

             (b)  the words "Medical Clinic" or words with a similar meaning together with the names referenced in paragraph (a) or together with words establishing a geographic location or area of practice; or

             (c)  other words that indicate in a manner acceptable to the registrar that the corporation is engaged in the practice of medicine,

followed by the words "Professional Medical Corporation" or "Prof. Med. Corp." or the initials "P.M.C."

             (2)  The registrar may refuse to accept articles of incorporation or continuation for a corporation or to register articles amending the name of a professional medical corporation where, in the opinion of the registrar,

             (a)  the name is inaccurate or may be misleading;

             (b)  the name expresses or implies superiority of qualifications, experience or education over that of other medical practitioners; or

             (c)  the name would tend to bring the medical profession into disrepute or otherwise is objectionable in light of professional standards of practice and ethics.

Expiry or revocation of licence

   18.8 (1) Where a corporate licence expires without renewal or is revoked under section 23.5 of the Act, the registrar shall promptly

             (a)  enter on the corporate registry a memorandum with respect to the expiry or revocation of the licence; and

             (b)  notify the professional medical corporation, all licensed medical practitioners practising medicine as employees or on behalf of the professional medical corporation, and the other parties that the registrar considers appropriate that the licence of the professional medical corporation has expired or has been revoked.

             (2)  Upon expiry of a corporate licence without renewal, or the revocation of a licence, under section 23.5 of the Act, the registrar shall determine whether the professional medical corporation is entitled to apply for a new licence and may prescribe conditions under which the licence shall be issued.

             (3)  A new licence shall not be issued unless an application for a corporate licence is made in accordance with these regulations and the registrar is satisfied that the corporation has complied with all the conditions applicable to the licence.

Liability for payment of fees

   18.9 (1) A professional medical corporation is jointly liable for the payment of the annual licensing fee in respect of each medical practitioner holding voting shares in the professional medical corporation and each medical practitioner practising medicine as an employee or on behalf of the corporation.

             (2)  Where a professional medical corporation has paid an annual licensing fee in respect of a medical practitioner, the medical practitioner is not liable to pay an annual licensing fee for the year for which the professional medical corporation has paid his or her annual licensing fee.

             (3)  Where a medical practitioner has paid an annual licensing fee before acquiring voting shares in the professional medical corporation, or before practising medicine as an employee or on behalf of the corporation, the professional medical corporation is not liable to pay the medical practitioner’s annual licensing fee for the year for which he or she has paid the fee.

Notice

18.10 A notice required to be given to a professional medical corporation, or to a director, shareholder or employee of a medical corporation, under the Act or these regulations shall be by personal service or by prepaid registered mail to the last address filed with the registrar in relation to an application for corporate licence, an application for renewal of a licence or a notice of change.

PART IX
GENERAL

General

18.11 Where notice of an act or thing is required to be given to the registrar or to the board under the Act or these regulations, it shall be in writing and shall be sent by prepaid registered mail addressed to the registrar at the board’s office address.