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Consolidated Newfoundland Regulation 1996


CONSOLIDATED NEWFOUNDLAND REGULATION 1113/96

CONSOLIDATED NEWFOUNDLAND REGULATION 1113/96

Medical Board Regulations
under the
Medical Act
(O.C. 96‑941)

Under the authority of section 13 of the Medical Act and the Subordinate Legislation Revision and Consolidation Act, the Lieutenant‑Governor in Council makes the following regulations.

REGULATIONS

Analysis


        1.   Short title

        2.   Definitions

              PART I
REGISTRATION
AND
LICENSING

        3.   Eligible graduates

        4.   Full registration

        5.   Exemption

        6.   Provisional registration and licence

        7.   Applicants from other jurisdictions

        8.   Applicants out of active practice

        9.   Temporary registration and licence

      10.   Expiration of licences

              PART II
CERTIFICATES OF POSTGRADUATE
CLINICAL TRAINING

      11.   Certificates of postgraduate clinical training

              PART III
SPECIALIST
REGISTRATION

      12.   Specialist registration

      13.   Temporary specialist registration

              PART IV
EDUCATIONAL
REGISTER

      14.   Educational register

              PART V
DISCIPLINE

      15.   Fine

              PART VI
CONFLICT OF INTEREST REGULATIONS

      16.   Definitions

      17.   Conflict of interest and professional misconduct

              PART VII
ELECTION OF BOARD MEMBERS

      18.   Board elections

      19.   Fees

      20.   Repeal


Short title

        1. These regulations may be cited as the Medical Board Regulations.

185/94 s1

Definitions

        2. In these regulations

             (a)  "ACGME" means the Accreditation Council for Graduate Medical Education;

             (b)  "Act" means the Medical Act;

             (c)  "approved faculty or school of medicine" means a medical school

                      (i)  recognized by the Committee for Accreditation of Canadian Medical Schools (CACMS) or Liaison Committee on Medical Education (LCME) of the American Medical Association, or

                     (ii)  recognized by the World Health Organization which has carried out a continuous medical education program for more than 10 years during which it offered and continues to offer a medical training program of at least 48 months duration;

             (d)  "board" means the Newfoundland Medical Board constituted under section 10 of the Medical Act;

             (e)  "Category I schools of medicine" means schools or faculties of medicine accredited and approved by the "Committee for Accreditation of Canadian Medical Schools" (CACMS) or the "Liaison Committee on Medical Education" (LCME);

              (f)  "Category II schools of medicine" means schools or faculties of medicine in the United Kingdom, the Republic of Ireland, Australia, New Zealand and South Africa;

             (g)  "Category III schools of medicine" means schools or faculties of medicine in countries other than those designated in Category I and II which, in the opinion of the board on the basis of information available to it, appear to have staff, standards and facilities similar to those required of schools accredited by the Committee for Accreditation of Canadian Medical Schools;

             (h)  "CFPC" means the College of Family Physicians of Canada;

              (i)  "FLEX" means the Federation Licensing Examination;

              (j)  "FMLAC" means the Federation of Medical Licensing Authorities of Canada;

             (k)  "RCPSC" means the Royal College of Physicians and Surgeons of Canada; and

              (l)  "sponsor" means

                      (i)  the Department of Health of the province,

                     (ii)  the Faculty of Medicine of Memorial University of Newfoundland, or

                    (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.

185/94 s2

PART I
REGISTRATION
AND LICENSING

Eligible graduates

        3. (1) Subject to meeting the requirements of the Act and these regulations, graduates from Category I, Category II or Category III medical schools shall be eligible for licensing and registration by the Newfoundland Medical Board.

             (2)  The board reserves the right to require proof that applicants have completed the entire course of study and have successfully completed the final examinations leading to graduation from an accredited or approved faculty or school of medicine.

185/94 s3

Full registration

        4. (1) Full registration and licence to practise shall be granted to applicants who applied before October 1, 1994 who

             (a)  are graduates of Category I or Category II schools of medicine;

             (b)  have completed the full course of studies at and obtained a degree in medicine from a faculty or school of medicine approved by the board;

             (c)  have completed the internship or residency training prescribed by the board;

             (d)  have passed the qualifying examination and obtained the Licentiate of the Medical Council of Canada or, in the case of graduates of medical schools approved by the Liaison Committee on Medical Education, have passed the examinations for the Diploma of the National Board of Examiners or FLEX examination and hold a current licence to practise medicine in one of the states of the United States of America; and

             (e)  have submitted a completed application form and paid the prescribed fees.

             (2)  Applicants who applied before October 1, 1994 who are graduates of Category III schools of medicine are required to complete a rotating internship approved by the board and a further year of clinical training in a clinical setting approved by the board, in addition to the requirements outlined in paragraphs (1)(b) to (e), before being eligible for full registration.

             (3)  Notwithstanding subsections (1) and (2), full registration and licence to practise shall be granted to applicants who applied before January 1, 1994 and who

             (a)  are graduates of Category I schools of medicine in 1992;

             (b)  have completed the full course of studies at and obtained a degree of medicine from a faculty or school of medicine approved by the board;

             (c)  have completed the rotating internship program currently prescribed by the board before December 31, 1993;

             (d)  have passed Part I of the Medical Council of Canada Qualifying Examination or, in the case of graduates of medical schools approved by the Liaison Committee on Medical Education, have passed the examinations for the Diploma of the National Board of Examiners or FLEX examinations before December 31, 1993 and hold a current licence to practise medicine in the United States of America; and

             (e)  have submitted a completed application form and paid the prescribed fees before December 31, 1993.

             (4)  Full registration and licence to practise shall be granted to applicants who are graduates of and obtained a degree in medicine from an approved faculty or school of medicine and who apply on or after October 1, 1994 who

             (a)  have completed 2 or more years of postgraduate training and have either

                      (i)  been granted certification from the College of Family Physicians of Canada,

                     (ii)  been granted certification from the Royal College of Physicians and Surgeons of Canada,

                    (iii)  satisfactorily completed the 2 year residency training requirements of the College of Family Physicians of Canada which training shall have met the defined objectives in each of surgery, medicine, pediatrics, obstetrics/gynecology, psychiatry and family practice or emergency medicine,

                    (iv)  satisfactorily completed 2 or more years of postgraduate training in programs affiliated with a CACMS/LCME accredited medical school which programs are accredited by the FMLAC, CFPC or the RCPSC in Canada or ACGME in the United States of America and which training will include one year of prescribed training with 8 weeks in each of surgery, medicine, pediatrics, obstetrics/gynecology, psychiatry and family practice or emergency medicine and a second year which will include 24 weeks of clinical rotations, or

                     (v)  satisfactorily completed 4 years of postgraduate training and fulfilled the training requirements of the Royal College of Physicians and Surgeons of Canada for eligibility to sit on the College's Certification Examination and are licensed by or on the educational register of a provincial licensing authority in Canada;

             (b)  have obtained a Licentiate of the Medical Council of Canada;

             (c)  have submitted a completed application form and paid the prescribed fees; and

             (d)  have provided proof of professional liability insurance coverage satisfactory to the board.

             (5)  Notwithstanding subsection (4), on or after October 1, 1994, full registration and licence to practise shall be granted to applicants of an approved faculty or school of medicine who graduated in 1991 or earlier and who, had they applied, would have been eligible for full registration and licence to practise on December 31, 1992, and who have provided proof of professional liability insurance coverage satisfactory to the board.

             (6)  Notwithstanding subsection (4), full registration and licence to practise shall be granted to applicants who apply on or after October 1, 1994, who

             (a)  are graduates of and obtained a degree in medicine from a CACMS/LCME accredited school of medicine in 1992;

             (b)  have completed a family practice training program approved by the College of Family Physicians of Canada which training shall have met the defined objectives in each of surgery, medicine, pediatrics, psychiatry and obstetrics/gynecology;

             (c)  have passed Part I of the Medical Council of Canada Qualifying Examinations;

             (d)  have submitted a completed application form and paid the prescribed fees before December 31, 1994; and

             (e)  have provided proof of professional liability insurance coverage satisfactory to the board.

             (7)  Notwithstanding subsections (4) and (6), full registration and licence to practise shall be granted to applicants who apply on or after October 1, 1994 and who

             (a)  are graduates of and have obtained a degree in medicine from a CACMS/LCME accredited school of medicine in 1992;

             (b)  have completed the Rotating Internship Training Program prescribed by the board or a Family Practice Training Program approved by the College of Family Physicians of Canada which training shall have met the defined objectives in each of surgery, medicine, pediatrics, psychiatry and obstetrics/gynecology;

             (c)  have obtained a licentiate of the Medical Council of Canada;

             (d)  have submitted a completed application form and paid the prescribed fees; and

             (e)  have provided proof of professional liability insurance coverage satisfactory to the board.

             (8)  Notwithstanding subsection (4), full registration and licence to practise shall be granted to applicants who are graduates of and obtained a degree in medicine from an approved faculty or school of medicine who apply on or after October 1, 1994, and

             (a)  are provisionally registered with the board and have demonstrated to the board satisfactory clinical practice as a provisionally licensed physician in the province for a period of at least 3 consecutive years;

             (b)  have completed 2 years of postgraduate training acceptable to the board, one year of which will be in a program accredited by the FMLAC, CFPC or the RCPSC and affiliated with a CACMS/LCME accredited medical school and which training shall

                      (i)  include 8 week rotations in each of surgery, medicine, pediatrics, obstetrics/gynecology, psychiatry and family medicine or emergency medicine, or

                     (ii)  be completed in a family practice training program accredited by the College of Family Physicians of Canada and meet program objectives in surgery, medicine, pediatrics, obstetrics/gynecology, psychiatry and family medicine or emergency medicine,

             (c)  have passed Part I and Part II of the qualifying examination for the Licentiate of the Medical Council of Canada;

             (d)  have submitted a completed application form and paid the prescribed fees; and

             (e)  have provided proof of professional liability insurance coverage satisfactory to the board.

185/94 s4; 2/95 ss1‑5; 42/96 s1

Exemption

        5. Applicants who have, before October 1, 1994, completed a family practice residency of 2 or more years in an approved and accredited program or who have been granted a specialist qualification by examination by the Royal College of Physicians and Surgeons of Canada are exempt from the requirement of a rotating internship and, in the case of Category III graduates, are exempt from the requirements for the second clinical year referred to in subsection 4(2).

185/94 s5

Provisional registration and licence

        6. (1) Provisional registration and licence to practise may be granted to applicants who applied before October 1, 1994 and who have

             (a)  graduated from a Category I or Category II school of medicine and who have

                      (i)  completed a period of postgraduate clinical training acceptable to the board,

                     (ii)  been accepted for employment or for an appointment under a sponsor approved by the board, and

                    (iii)  submitted a completed application form and paid the prescribed fees;

or

             (b)  graduated from a Category III school of medicine and who have

                      (i)  completed a period of postgraduate clinical training acceptable to the board,

                     (ii)  been accepted for employment or for an appointment under a sponsor approved by the board,

                    (iii)  successfully completed the evaluating examination of the Medical Council of Canada not more than 5 years immediately before the date of application, and

                    (iv)  submitted a completed application form and paid the prescribed fees.

             (2)  On or after October 1, 1994, provisional registration and licence to practise may be granted to applicants who have graduated and obtained a degree in medicine from a CACMS/LCME accredited medical school and who

             (a)  have either

                      (i)  completed one year of postgraduate basic clinical training acceptable to the board, or

                     (ii)  completed 2 or more years of postgraduate training as prescribed by subparagraphs 4(4)(a)(i) through (iv);

             (b)  have been accepted for employment or for an appointment under a sponsor approved by the board;

             (c)  have submitted a completed application form and paid the prescribed fees; and

             (d)  have provided proof of professional liability insurance coverage satisfactory to the board.

             (3)  On or after October 1, 1994, provisional registration and licence to practise may be granted to applicants who have graduated and obtained a degree in medicine from an approved faculty or school of medicine and who

             (a)  have made application for entry to primary care practice and have

                      (i)  satisfactorily completed one year of postgraduate basic clinical training acceptable to the board,

                     (ii)  successfully completed the evaluating examination of the Medical Council of Canada or Part I of the Qualifying Examination not more than 5 years immediately before the date of application, however, applicants who have been granted a degree in medicine from a school of medicine in the United Kingdom, Ireland, Australia, New Zealand or South Africa may have this entry requirement waived for up to one year during which time the evaluating examination must be passed or the licence will not be renewed,

                    (iii)  been accepted for employment or for an appointment under a sponsor approved by the board,

                    (iv)  submitted a completed application form and paid the prescribed fees,

                     (v)  practised primary care medicine without significant interruption in practice as determined by the board, and

                    (vi)  provided proof of professional liability insurance coverage satisfactory to the board,

or

                   (vii)  notwithstanding subparagraphs (i) to (v), if the applicant has failed either Part I or Part II of the qualifying examination of the Medical Council of Canada twice, the applicant shall not be granted a provisional licence unless and until the applicant subsequently passes the part of the qualifying examination of the Medical Council of Canada;

             (b)  have made application for entry to sponsored practice in a specialty of medicine and who

                      (i)  have either

                            (A)  satisfactorily completed 4 years of postgraduate training in the United States of America, the United Kingdom, the Republic of Ireland, Australia, New Zealand or the Republic of South Africa which is acceptable to the board and who have if required by the board passed a specialist higher qualification examination administered by a medical authority responsible for specialist training in the United States of America, the United Kingdom, the Republic of Ireland, Australia, New Zealand or the Republic of South Africa which is acceptable to the board,

                            (B)  satisfactorily completed 4 years of postgraduate training which has been accepted by the Royal College of Physicians and Surgeons of Canada as providing eligibility to write the certification examination,

                            (C)  satisfactorily completed a period of postgraduate training in the United States of America, the United Kingdom, the Republic of Ireland, Australia, New Zealand or the Republic of South Africa which is acceptable to the board,

                            (D)  passed a specialist higher qualification examination acceptable to the board,

                             (E)  been granted an academic appointment at professorship level in a school of medicine in Canada, the United States of America, the United Kingdom, the Republic of Ireland, Australia, New Zealand or the Republic of South Africa, and

                             (F)  been recognized by the board as holding full specialist or consultant status in the country where postgraduate training was completed,

                     (ii)  have been accepted for employment or for an appointment under a sponsor approved by the board,

                    (iii)  have submitted a completed application form and paid the prescribed fees, and

                    (iv)  have provided proof of professional liability insurance coverage satisfactory to the board.

             (4)  Physicians who are granted a provisional licence under subsection (2) or paragraph (3)(a) on or after October 1, 1994 for entry to primary care practice shall not have the provisional licence renewed unless the physician writes Part I and Part II of the qualifying examination of the Medical Council of Canada on the first available opportunity and if the physician fails either examination, the physician shall write and pass the examination on the next available opportunity or the provisional licence shall not be renewed.

             (5)  Notwithstanding subsection (4), a physician who fails either Part I or Part II of the qualifying examination of the Medical Council of Canada twice, shall not have his or her provisional licence renewed unless and until the applicant subsequently passes the part of the qualifying examination of the Medical Council of Canada.

             (6)  Applicants whose first language is not English, must demonstrate to the board reasonable fluency in the English language.

185/94 s6; 2/95 ss6‑9; 42/96 ss2&3

Applicants from other jurisdictions

        7. (1) In addition to the requirements of sections 4, 5 and 6, applicants seeking to be registered and licensed who have practised in another jurisdiction shall produce a certificate of good standing issued within the 6 weeks before the request for registration from the registrar of the licensing authority in the jurisdiction which the applicant last practised.

             (2)  Where an applicant seeking to be registered and licensed has practised in more than one jurisdiction, the applicant shall, in addition to the certificate of good standing required by subsection (1), produce certificates of good standing from each jurisdiction in which the applicant practised before the jurisdiction in which the applicant has most recently practised and the certificates of good standing shall have been issued by the registrars of the licensing authorities in those jurisdictions within 6 months before the applicant's request for registration in the province.

             (3)  Notwithstanding subsection (2), where the board is satisfied that an applicant has been unable to obtain a certificate of good standing referred to in that subsection, the board may waive the requirements of that subsection in respect of that certificate of good standing.

             (4)  The board may, in addition to the certificates required in subsections (1) and (2), require recommendations from the licensing authorities in the other jurisdictions or from other appropriate authorities where the applicant may have practised and the board may require satisfactory references from at least 3 physicians preferably in Canada.

             (5)  All documents for registration shall be presented with an official English translation carried out by a person acceptable to the board.

185/94 s7

Applicants out of active practice

        8. (1) Applicants seeking a licence from the board who, in the opinion of the board, have not been in active clinical practice in either primary care or specialty practice for a period of 24 or more consecutive months shall be required to produce a certificate to the board of having undertaken retraining in a clinical program acceptable to the board for at least 2 months for each 12 consecutive months of absence from active clinical practice in order to obtain a licence to re‑enter primary care practice or specialty practice.

             (2)  Applicants for a licence referred to in subsection (1) who have not been in active clinical practice for a period of more than 48 consecutive months may at the discretion of the board be required to complete additional retraining up to 12 consecutive months in a clinical program acceptable to the board in order to obtain a licence to re‑enter primary care practice or specialty practice.

             (3)  Medical practitioners registered with the board who have not been in active clinical practice for a period of 24 or more consecutive months, shall not have their licence renewed.

             (4)  Notwithstanding subsection (2), the board may exempt from the provisions of this section retired or totally disabled medical practitioners or medical practitioners employed in administrative and academic positions.

             (5)  Medical practitioners who have been exempted from the provisions of subsection (4) shall undertake with the board not to enter primary care or specialty practice.

             (6)  Medical practitioners who are registered with the board who have not been in active clinical practice for a period of 24 or more consecutive months and who intend to obtain a licence to enter primary care or specialty care practice shall be required to produce a certificate to the board of having undertaken retraining in a program acceptable to the board.

             (7)  Medical practitioners who are licensed with the board and who are in specialty practice or practising public health who intend to enter primary care practice, shall be required, before entering primary care practice, to produce a certificate to the board of having undertaken retraining in a program acceptable to the board, the content and duration of which shall be acceptable to the board.

2/95 s10

Temporary registration and licence

        9. (1) Temporary registration and licence to practise may be granted to applicants who are graduates of and obtained a degree in medicine from an approved faculty or school of medicine and who

             (a)  are eligible for full registration and licence to practise in accordance with section 4;

             (b)  are eligible for specialist registration in accordance with section 11;

             (c)  are sponsored by a hospital for the purpose of providing or maintaining a unique provincial specialist medical service; and

             (d)  have submitted a completed application form and paid the prescribed fee.

             (2)  Where an applicant has been granted temporary registration and licence to practise under subsection (1), the period of temporary registration and licence to practise shall not exceed 30 days.

185/94 s9

Expiration of licences

     10. (1) Licences issued under sections 4 and 6 shall expire annually on January 15 in each and every year or, in the case of licences issued under section 6, on the earlier licence expiry date that may be specified in the conditions of licence.

             (2)  Upon expiry of a licence issued under section 4, a renewal of licence shall be granted to medical practitioners who

             (a)  are in good standing with the board;

             (b)  have submitted an application for renewal of licence;

             (c)  meet all the requirements for registration and licensing under the Act and these regulations;

             (d)  have paid the prescribed fees; and

             (e)  have provided proof of continuing professional liability insurance coverage satisfactory to the board.

             (3)  Upon expiry of a licence issued under section 6, a renewal of licence may be granted to medical practitioners who

             (a)  are in good standing with the board;

             (b)  have submitted an application for renewal of licence;

             (c)  meet all the requirements for provisional registration and licensing under the Act and these regulations;

             (d)  have paid the prescribed fees; and

             (e)  have provided proof of continuing professional liability insurance coverage satisfactory to the board.

2/95 s11

PART II
CERTIFICATES OF POSTGRADUATE CLINICAL TRAINING

Certificates of postgraduate clinical training

     11. (1) Certificates of postgraduate clinical training leading to a Licentiate of the Medical Council of Canada, may be granted to graduates of Category I, II or III schools of medicine who have obtained

             (a)  a Certificate of Rotating Internship satisfactory to the board in a hospital approved by the Committee on Approval of Pre‑registration Physician Training Programs in Canada or an approved Liaison Committee on Medical Education university affiliated hospital in the United States or territories under its jurisdiction;

             (b)  completion of a family practice residency of 2 or more years where the program has been accredited and approved by the College of Family Physicians of Canada or by an acceptable accreditation body in the United States or territories under its jurisdiction; or

             (c)  a specialist qualification granted by the Royal College of Physicians and Surgeons of Canada.

             (2)  Graduates of Category III schools of medicine must have 2 years of postgraduate clinical training approved by the board in order to qualify under paragraph (1)(a).

             (3)  The board may accept a straight internship in place of a rotating internship for graduates of Canadian medical schools who graduated before 1980 and who have completed a clinical clerkship.

             (4)  All or part of postgraduate training undertaken by graduates of Category II schools of medicine may be accepted by the board for the purpose of granting a Certificate of Postgraduate Clinical Training leading to a Licentiate of the Medical Council of Canada provided the training is obtained in a Category I or Category II university affiliated teaching hospital.

             (5)  Notwithstanding another provision of this section, a Certificate of Postgraduate Clinical Training leading to a Licentiate of the Medical Council of Canada may be granted to graduates of schools of medicine who are currently licensed to practise medicine in the province and who have passed the qualifying examination of the Medical Council of Canada in 1991 or earlier.

185/94 s10

PART III
SPECIALIST REGISTRATION

Specialist registration

     12. Specialist registration shall be granted by the board to licensed graduates of an approved faculty or school of medicine who hold a specialist qualification from the Royal College of Physicians and Surgeons of Canada.

185/94 s11

Temporary specialist registration

     13. (1) Temporary specialist registration may be granted by the board at the request of a sponsor to licensed graduates of an approved faculty or school of medicine who have completed a course of training which has been accepted by the Royal College of Physicians and Surgeons of Canada as being adequate for admission to examination for certification in a specialty of medicine.

             (2)  The licensed physician who is granted temporary specialist registration, shall sit the examinations of the Royal College of Physicians and Surgeons of Canada referred to in subsection (1) at the first opportunity.

             (3)  Temporary specialist registration shall continue until the results of the examinations referred to in subsection (2) are announced.

             (4)  A physician who does not successfully complete the examinations referred to in subsection (2) for specialist qualification, shall be removed from temporary specialist registration.

             (5)  The board, at its discretion, may extend temporary specialist registration if the physician, for reasons acceptable to the board, is unable to sit the Royal College of Physicians and Surgeons of Canada examinations at the first opportunity.

             (6)  The board may grant temporary specialist registration to a licensed physician on one occasion only for a period of 90 days if the board is satisfied that the qualifications and experience of that person in the practice of medicine warrants that registration.

185/94 s12

PART IV
EDUCATIONAL REGISTER

Educational register

     14. (1) Medical students of Memorial University of Newfoundland and residents of the province who are enrolled as medical students in other universities shall have their names entered upon the educational register of the Newfoundland Medical Board.

             (2)  Medical students enrolled in other universities who by arrangement between that university and Memorial University are pursuing a course of study at Memorial University may have their names entered upon the educational register of the Newfoundland Medical Board for a specified period of time.

             (3)  Graduates from Memorial University Medical School who are serving a pre‑registration internship in the Memorial University Intern Training Program shall have their educational registration continued until the pre‑registration educational requirements are completed.

             (4)  Graduates of Category I schools of medicine who are enrolled in the pre‑registration intern training program at Memorial University may, at the request of the university, have their names entered upon the educational register.

             (5)  Graduates from Category I schools of medicine who are enrolled in residency training programs at Memorial University may be eligible to have their names entered upon the educational register.

             (6)  Graduates from Category II schools of medicine who are enrolled in residency training programs at Memorial University and who have practised in another jurisdiction are required to present a certificate of good standing from that jurisdiction and are required to comply with the requirements for provisional licence in order to have their names entered upon the educational register.

             (7)  Graduates from Category III schools of medicine are eligible for registration on the educational register provided they have complied with the requirements for provisional registration, have been accepted for appointments by and registration is requested by the Postgraduate Medical Education Office of Memorial University and have completed the evaluating examination of the Medical Council of Canada.

             (8)  Graduates from medical schools who have their names entered upon the educational registers of other provinces and who are serving a period of 6 months or less by reciprocal arrangement at Memorial University may, at the request of Memorial University, be granted temporary listing on the educational register of the Newfoundland Medical Board.

             (9)  Persons holding educational register status

             (a)  shall carry out only those duties and perform those procedures that are assigned to them by and only under the supervision of a person or persons registered with and licensed by the board in hospitals, clinics or programs which are affiliated with the Memorial University program; and

             (b)  shall not sign prescriptions, certificates, statements or other documents which the Medical Act restricts to persons holding a licence under the Medical Act.

           (10)  Upon payment of an annual licence fee, graduates of an approved faculty or school of medicine who are enrolled in a residency training program at Memorial University's Faculty of Medicine and who have satisfactorily completed one year of postgraduate training acceptable to the board, may be eligible for a modified provisional licence at the request of the Dean of Medicine or the Assistant Dean of Postgraduate Medical Studies for the sole purpose of issuing, without a counter signature, prescriptions which may be dispensed in retail pharmacies for patients seen in the course of their postgraduate training.

185/94 s13

PART V
DISCIPLINE

Fine

     15. For the purposes of exercising the power set out in paragraph 24(1)(e) of the Act, the board may, subject to the provision of that section, impose a fine upon a medical practitioner not to exceed $5,000.

185/94 s14

PART VI
CONFLICT OF INTEREST REGULATIONS

Definitions

     16. In this Part

             (a)  "medical goods or services" includes medical goods, appliances, materials, services and equipment and drugs and laboratory services;

             (b)  "member of his or her family" means a person connected with a medical practitioner by blood relationship, marriage or adoption and persons

                      (i)  connected by blood relationship if one is the child or other descendent of the other or one is the brother or sister of the other,

                     (ii)  connected by marriage if one is married to the other or to a person who is connected by blood relationship to the other, and

                    (iii)  connected by adoption if one has been adopted, either legally or in fact as the child of the other or as the child or a person who is so connected by blood relationship, other than a brother or sister, to the other; and

             (c)  "supplier" means a person or corporation which

                      (i)  sells or otherwise supplies medical goods or services, or

                     (ii)  is registered or licensed under any Act regulating a health profession.

185/94 s15

Conflict of interest and professional misconduct

     17. It shall be considered a conflict of interest and misconduct unbecoming a medical practitioner within the meaning of section 24 of the Medical Act where a medical practitioner licensed and practising within the jurisdiction of the Newfoundland Medical Board or a member of his or her family or a corporation wholly, substantially or actually owned or controlled by the medical practitioner or a member of his or her family

             (a)  receives benefits directly or indirectly from

                      (i)  a supplier to whom the physician refers his or her patients, or

                     (ii)  a supplier who sells or otherwise supplies medical goods or services to the patients of the medical practitioner;

             (b)  rents premises to

                      (i)  a supplier to whom the medical practitioner refers his or her patients, or

                     (ii)  a supplier who sells or otherwise supplies medical goods or services to the patients of the medical practitioner except where

                            (A)  the rent is normal for the area in which the premises are located, and

                            (B)  the amount of the rent is not related to the volume of business carried on in the premises by the tenant;

             (c)  rents premises from

                      (i)  a supplier to whom the medical practitioner refers his or her patients, or

                     (ii)  a supplier who sells or otherwise supplies medical goods or services to the patients of the medical practitioner, except where

                            (A)  the rent is normal for the area in which the premises are located, and

                            (B)  the amount of the rent is not related to the referral of patients to the landlord;

             (d)  sells or otherwise supplies a drug, medical appliance, medical product or biological preparation to a patient at a profit except a drug sold or supplied by the medical practitioner that is necessary

                      (i)  for the immediate treatment of the patient,

                     (ii)  in an emergency,

                    (iii)  where the services of a pharmacist are not reasonably readily available,

                    (iv)  where a preparation prepared by the medical practitioner for his or her patient is sold or supplied by the medical practitioner for a price that does not exceed the true cost of production of the preparation and a fee for the professional component, or

                     (v)  where a medical appliance is not otherwise available.

185/94 s16

PART VII
ELECTION OF BOARD MEMBERS

Board elections

     18. (1) Elections to the Newfoundland Medical Board shall be conducted in accordance with the provisions of the Act and these regulations.

             (2)  All medical practitioners who hold a current valid licence may vote for a candidate of their choice.

             (3)  To be nominated as a candidate for membership of the Newfoundland Medical Board, a medical practitioner must hold a current valid licence.

             (4)  Medical practitioners nominated as candidates for membership shall not have been in breach of section 24 of the Act.

             (5)  There shall be a nominating committee of the board consisting of 3 members of the board.

             (6)  An election to the Newfoundland Medical Board shall be held when the terms of office of serving elected members expire or when a vacancy occurs in the membership of the board as a result of death, retirement, resignation or incapacity to act as a serving member.

             (7)  Voting may be on behalf of a specific candidate or may be in the form of a proxy.

             (8)  Votes will be received by the office of the registrar and counted on the day of election by at least 3 members of the executive committee of the board one of whom shall be the registrar.

             (9)  Notice of an election shall be sent to all eligible voters at least 4 weeks before the election.

185/94 s17; 114/95 s1

Fees

     19. Fees for registration, licensure and any requirement under these regulations shall be prescribed by the board.

Repeal

      20. The Newfoundland Medical Board Regulations, 1994, Newfoundland Regulation 185/94, are repealed.

(This document includes the Reprint of December 5, 1997)