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Third Session, Thirty-Seventh Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.
It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications.

Bill 31

THE MEDICAL AMENDMENT (PHYSICIAN PROFILES AND MISCELLANEOUS AMENDMENTS) ACT


Explanatory Note

(Assented to                                             )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. M90 amended

1           The Medical Act is amended by this Act.

2           The following is added after section 19:

Physician profiles

19.1(1)     The council may collect information in order to create individual physician profiles of members that are available to the public.

Regulations

19.1(2)     The council may, with the approval of the Lieutenant Governor in Council, make regulations respecting physician profiles including, but not limited to, regulations

(a) requiring members to provide the registrar with any or all of the following information:

(i) the name of the medical school from which the member graduated and the date of graduation,

(ii) the address at which the member primarily conducts his or her practice,

(iii) any post-graduate medical education,

(iv) any certification by the College of Family Physicians of Canada, the Royal College of Physicians and Surgeons of Canada or American board certification,

(v) a description of any offence under the Criminal Code (Canada) or the Controlled Drugs and Substances Act (Canada) or the Food and Drugs Act (Canada) of which the member has been found guilty, or to which the member pleaded guilty, within the time period specified in the regulations,

(vi) a description of any final disciplinary action taken against the member by the body regulating the profession that the member is or has been licensed to practice, whether in Manitoba or elsewhere, within the time period specified in the regulations,

(vii) a description of any medical malpractice court judgments, and any other medical malpractice claims, as specified in the regulations,

(viii) any other information the regulations may specify;

(b) specifying the time and manner in which the information must be provided;

(c) respecting how physician profiles are to be made available to the public;

(d) specifying any matter authorized to be dealt with by regulation and defining any word or expression used in this section;

(e) respecting any other matter the council considers necessary or advisable about physician profiles.

Verification of information

19.1(3)     The council may take any steps it considers necessary to verify the accuracy of information that a member provides in accordance with regulations made under subsection (2), including collecting information from other persons.

Prior review by medical practitioner

19.1(4)     At the request of a member, before a physician profile is made publicly available, the council shall give the member an opportunity to review the profile and correct any factual inaccuracies.

Regulation required by the minister

19.2(1)     The minister may require the council to make, amend or repeal a regulation about physician profiles under section 19.1.

L.G. in C. may make regulation

19.2(2)     If the council does not comply with a requirement under subsection (1) within 90 days, the Lieutenant Governor in Council may make, amend or repeal the regulation.

3           The following is added after subsection 34(2):

Assistant registrar need not be member

34(3)       Despite subsection (2), an assistant registrar need not be a licensed member.

4           Section 37 is replaced with the following:

Protection from liability

37          No action lies against the college, the council, the registrar, a person conducting an investigation, a member of a committee established under this Act or the regulations or by-laws, or any employee, officer or person acting on the instructions of any of them, for anything done by the person in good faith in the performance or intended exercise of any power under this Act or the regulations or by-laws, or for any neglect or default in the performance or exercise in good faith of such a duty or power.

5            Subsection 42(2) is replaced with the following:

Complaints against former members

42(2)       If, after a member's registration or licence is suspended, cancelled or not renewed under this Act,

(a) a complaint, or a referral under clause 43(1)(b), is made about the former member; and

(b) the complaint or referral relates to conduct occurring before the suspension, cancellation or non-renewal;

the complaint or referral may, notwithstanding the suspension, cancellation or non-renewal, be dealt with within five years after the date of the suspension, cancellation or non-renewal, as if the former member's registration or licence were still in effect.

6(1)        Subsection 51(1) is amended by striking out "executive committee" and substituting "appeal committee appointed under subsection (2.1)".

6(2)        The following is added after subsection 51(2):

Appointment of appeal committee

51(2.1)     On receiving an appeal under subsection (2), the president of the council shall

(a) appoint an appeal committee consisting of no more than three members of the council, one of whom must be a public representative; and

(b) appoint a member of the committee as chair.

Exclusion from committee

51(2.2)     No person shall be selected for the appeal committee who has taken part in the review or investigation of the subject-matter of the appeal.

6(3)        Subsections 51(3), (4) and (5) are amended by striking out "executive committee" and substituting "appeal committee" wherever it occurs.

Coming into force

7           This Act comes into force on the day it receives royal assent.

Explanatory Note

This Bill will allow the College of Physicians and Surgeons to create individual physician profiles and make them available to the public.  It also contains other amendments to The Medical Act, which are of a technical nature.