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Statutes of Newfoundland 1999


CHAPTER 39

AN ACT TO AMEND THE MEDICAL ACT

(Assented to December 14, 1999)

Analysis

1. S.13 Amdt.
Regulations

2. S.22 Amdt.
Provisional licences

3. S.24.01 Added
Pre-inquiry investigation

4. S.24.16 Amdt.
Prescription drug monitoring program

5. S.29 Amdt.
Conflicting legislation

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


RSN1990 cM-4
as amended

1. The Medical Act is amended by adding immediately after paragraph 13(e) the following:

(e.1) terms and conditions for a sponsor of a provisional licence holder;

 

2. (1) Subsection 22(2) of the Act is repealed and the following substituted:

(2) A provisional licence issued under subsection (1) shall

(a) be issued subject to the terms, conditions and limitations set out in the licence and the regulations;

(b) be valid for a period not exceeding one year; and

(c) permit the practice of medicine only within a specific geographical location in the province.

(2) Section 22 of the Act is amended by adding immediately after subsection (4) the following:

(5) The board shall require the holder of a provisional licence to have a sponsor approved by the board.

(6) Where a sponsor of a provisional licence holder does not comply with the regulations, the board may suspend or revoke a provisional licence.

(7) It is a condition of issuing a provisional licence under this section that the person to whom the licence is issued shall within one month of the date of issuing become a member of the association, and the failure of that person to comply with this condition makes the licence void from that date.

 

3. The Act is amended by adding immediately after section 24 the following:

Pre-inquiry investigation

24.01 (1) The board may, in forming an opinion as to the necessity of a full inquiry under section 24, appoint the registrar and one or more members of the board to conduct a pre-inquiry investigation.

(2) The registrar and a member of the board conducting an investigation may require a medical practitioner

(a) to undergo clinical and other examinations they consider necessary and as arranged by them and to provide the report of an examination; and

(b) to permit them, or a person authorized by the board, to inspect the clinical records of the medical practitioner and other documents relating to the subject matter of the investigation.

(3) A medical practitioner who refuses to comply with a request made under subsection (2) is guilty of professional misconduct.

(4) An action for damages does not lie against a medical practitioner solely because the practitioner provides information requested of him or her under subsection (2).

 

4. (1) Subsection 24.16(2) of the Act is repealed and the following substituted:

(2) Where the board or a person authorized by the board requests, a medical practitioner shall provide to one or both of them the information requested within 7 days of receipt of the request or within a different period specified in the request.

(2.1) The information requested under subsection (2) may include, but is not limited to, clinical records, patient records, charts, notes, accounts and other documents kept by the practitioner.

 

5. Subsection 29(3) of the Act is repealed.

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