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Statutes of Newfoundland 1992


CHAPTER 34

CHAPTER 34

AN ACT TO AMEND THE MEDICAL ACT

(Assented to December 23, 1992)

Analysis

1. S.2 Amdt.
Definitions

2. S.3 R&S
Association continued

3. S.10 Amdt.
Medical board

4. S.13 Amdt.
Regulations

5. S.21 Amdt.
Licence to practise

6. S.24 R&S
Discipline

7. S.26 Amdt.
Appeal

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:


RSN 1990 cM-4

1. (1) Paragraph 2(a) of the Medical Act is amended by adding after the word "Newfoundland" the words "and Labrador".

(2) Paragraph 2(f) of the Act is repealed and the following substituted:

(f) "medical practitioner" means a person who is registered in the medical register or who holds or has held a licence;

2. Section 3 of the Act is repealed and the following substituted:

Association continued

3. The Newfoundland and Labrador Medical Association is continued as a corporation.

3. (1) Paragraph 10(1)(a) of the Act is amended by adding immediately after the phrase "referred to in this Act as "elected members"," the phrase "who hold a current licence and".

(2) Subsection 10(4) of the Act is repealed and the following substituted:

(4) All members of the board shall serve for a period no longer than 3 years and are eligible for re-election but an elected or other member shall not serve on the board for a continuous period exceeding 9 years.

4. (1) Paragraph 13(d) of the Act is repealed and the following substituted:

(d) the registration of persons under this Act;

(d.1) the licensing of medical practitioners including a requirement to carry professional liability insurance;

(d.2) the temporary registration and licensing of medical practitioners for particular purposes including the undertaking of special projects or procedures which, in the opinion of the board, warrant that temporary registration and licensing;

(d.3) the circumstances under which a waiver of registration and licensing may be made for a particular purpose;

(2) Paragraphs 13(n), (o) and (p) are repealed and the following substituted:

(n) conflict of interest;

(o) internship and residency training;

(p) standards governing the practice of medicine;

(q) peer review and assessment of medical practitioners;

(r) the appointment, termination and duties of staff; and

(s) generally, the carrying into effect of this Act.

5. Subsection 21(1) of the Act is repealed and the following substituted:

Licence to practise

21. (1) A person may apply for a licence to practise medicine in the province and the registrar shall issue the licence provided that

(a) the person is registered in accordance with the provisions of this Act;

(b) the application is accompanied by a licence fee which may be established by the board; and

(c) the person has met the requirements for being licensed set out in this Act or the regulations.

6. Section 24 of the Act is repealed and the following substituted:

Discipline

24. (1) Where the board is of the opinion or has reasonable cause to believe that a person who is a medical practitioner or who is registered in the educational register or is licensed under section 22

(a) has committed professional misconduct or malpractice; or

(b) may be guilty of conduct unbecoming a medical practitioner,

the board may, after full inquiry,

(c) remove the name of that person from the medical register, the educational register or the register of specialists;

(d) suspend the licence of that person for a period which the board may determine;

(e) impose upon that person a monetary penalty no greater than the sum fixed by regulation; and

(f) impose conditions or limitations on that person in carrying on the practice of medicine.

(2) Notwithstanding subsection (1), where the board is of the opinion that a medical practitioner may constitute a danger to the public by continuing to practise, the board may, in order to protect the public, suspend the licence of that medical practitioner.

(3) Where a licence has been suspended under subsection (2), a full inquiry shall be held under subsection (1) within 14 days of the licence suspension.

(4) For the purpose of this section the board and each member of the board have the powers, privileges and immunities of a commissioner under the Public Inquiries Act.

(5) A person who is the subject of an inquiry under this section has the right to be heard and represented by a lawyer or other person of his or her choice.

(6) The board may order that a person against whom disciplinary action has been taken under this section or against whom a decision is made under section 26 upholding a disciplinary decision of the board, pay the expense or part of the expense incurred by the board in conducting the inquiry.

7. Subsection 26(1) of the Act is amended by striking out the words "A medical practitioner" and by substituting the words "A person".

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