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Fourth Session, Thirty-Eighth 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 40

THE MEDICAL AMENDMENT 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           Section 1 is amended by adding the following definition:

"external regulatory body" means a body with statutory authority to license or regulate physicians in a jurisdiction other than Manitoba; (« organisme de réglementation externe »)

3(1)        The following is added after subsection 14(3):

Conditions on licence

14(3.1)     A licence issued under subsection (2) or renewed under subsection (3) may be made subject to any conditions the council considers appropriate.

3(2)        Subsection 14(5) is amended by adding "or within such additional time as the council may allow," after "after that date,".

4           Subsection 18(1) is amended

(a) by striking out "or" at the end of clause (a) of the English version; and

(b) by adding the following after clause (c):

(c.1) issue or renew a licence on conditions; or

5           Clause 19(c) is amended by striking out "as a condition of obtaining a licence or renewal of a licence".

6           Subsection 39(1) is replaced with the following:

Reporting of members

39(1)       Every member who reasonably believes that another member

(a) is unfit to practise, incompetent or unethical; or

(b) suffers from a mental or physical disorder or illness that may affect his or her fitness to practise, and continues to practise despite having been counselled not to;

must disclose that belief to the registrar, along with the name of the other member and particulars of the suspected disorder, illness, lack of fitness to practise, incompetency or unethical behaviour.

7(1)        The following is added after subsection 40(2):

Consultation with minister

40(2.1)     Before making a by-law under subsection (2), the council must

(a) provide the minister with a copy of the proposed by-law for his or her review and comment; and

(b) review and consider any comments received.

7(2)        Subsection 40(6) is amended by striking out "subsections (1), (2) and (5) of this section" and substituting "subsections (1), (2), (2.1), (5), (7) and (8)".

7(3)        The following is added after subsection 40(6):

College to provide information to minister

40(7)       The college must provide the minister with

(a) a copy of each application for accreditation of a diagnostic facility, or for the expansion of a diagnostic facility, as soon as practicable after the college receives an application;

(b) a copy of each certificate of accreditation for a diagnostic facility, or for a diagnostic facility as expanded, as soon as practicable after the college issues a certificate;

(c) particulars, as soon as practicable after the information becomes available to the college, of any arrangement between

(i) a diagnostic facility accredited by the college, and

(ii) a hospital or other facility that provides emergency medical treatment,

in relation to the care of patients who require emergency attention as a result of a diagnostic procedure; and

(d) a report of the activities of the committee of the college that, in accordance with the by-laws, accredits diagnostic facilities, including but not limited to non-identifying statistical information.

Timing and contents of report

40(8)       The report under clause (7)(d) must be provided to the minister within four months after the end of each fiscal year, and must contain the information required under that clause for the year for which it is submitted.

8           The following is added after subsection 41(2):

Selection of panel

41(3)       On referral of a complaint or other matter to the complaints committee, the chair must select a panel from among the members of the complaints committee to fulfill the obligations and exercise the powers of the complaints committee in relation to the complaint or other matter.

Composition of panel

41(4)       A panel must be composed of at least three persons, at least one of whom must be a public representative.

Effect of member being unable to continue

41(5)       If a hearing has begun and a member of the panel is unable to continue as a member, the panel may complete the hearing if at least three members remain.

Decision of panel

41(6)       A decision or action of a panel is a decision or action of the complaints committee.

Reference to complaints committee

41(7)       A reference to the complaints committee in this or any other Act or any regulation includes any panel of the complaints committee.

9           Subsection 43(4) is amended by striking out "six months" and substituting "30 days".

10(1)       The following is added after subsection 45(1):

Discipline in another jurisdiction

45(1.1)     Without limiting clause (1)(b), if the registrar receives information and is satisfied that a member, before or after registration under this Act,

(a) had his or her licence, permit or other authorization to practise medicine suspended, restricted or revoked by an external regulatory body; or

(b) as a result of disciplinary action by an external regulatory body, had conditions imposed upon his or her licence, permit or other authorization to practise medicine;

the registrar may refer the matter to the investigation committee under clause (1)(b).

10(2)       Subsection 45(3) is amended by adding the following after clause (b):

(b.1) in the circumstances described in subsection (1.1), obtain information that may be relevant to the investigation from an external regulatory body;

10(3)       The following is added after subsection 45(5):

Certified copy of record of external regulatory body

45(6)       A certified copy of a record of the findings made or the action taken by an external regulatory body that appears to be signed by a person on behalf of that body — or a copy or extract of the record certified by the person as a true copy or extract — is proof of the findings made or the action taken, unless the contrary is shown.  Proof of the appointment or signature of the person signing on behalf of the external regulatory body is not required.

11(1)       Subsection 47(1) is amended by adding the following after clause (e):

(e.1) if the review or investigation was of a matter described in clause 45(1.1)(a) or (b), make one or more of the orders described in clauses 59.6(1)(a) to (g), in which case subsections 59.6(2) to (4), section 59.7 and sections 59.9 to 59.12 apply, with the necessary changes;

11(2)       Subsection 47(2) is amended by adding " — or, if there is no complainant, the registrar — " after "complainant".

12          Clause 59.5(b) of the English version is amended by striking out "code of ethics" and substituting "code of conduct".

13          Subsection 63(1) is amended by striking out "or" at the end of clause (d), adding "or" at the end of clause (e) and adding the following after clause (e):

(f) to the medical review committee established under The Health Services Insurance Act, when requested by the committee, to the extent the information is required for that committee to carry out its mandate under that Act.

14          The following is added after section 63.1:

Annual report

63.2(1)     The college must submit an annual report to the minister within four months after the end of each fiscal year.

Contents of report

63.2(2)     The report must include the following information for the fiscal year for which the report is submitted:

(a) a description of the structure of the college, including any committees established by the council and their functions;

(b) the names of the members of the council and of its committees;

(c) a copy of the by-laws or amendments to by-laws that were made;

(d) the number of applications for registration received and their disposition;

(e) the number of complaints received and their disposition;

(f) the number of members disciplined, the reasons for the disciplinary action and the sanctions imposed;

(g) the methods used to assure the continuing competence of members;

(h) a financial report on the operation of the college;

(i) any other information the minister requires.

TRANSITIONAL

Transitional: definition

15(1)       In this section, "former subsection" means subsection 43(4) of The Medical Act, as it read immediately before the coming into force of this Act.

Review of complaint already commenced

15(2)       If on the day this Act comes into force a complaint or other matter referred to the complaints committee has not been resolved to the complainant's satisfaction, and

(a) the committee has not notified the complainant of its decision; or

(b) the committee has notified the complainant of its decision, but less than six months have passed since that notice was given;

the former subsection continues to apply to that complaint or other matter.

Coming into force

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

Explanatory Note

This Bill amends The Medical Act.  The following are the key changes:

  • requiring The College of Physicians and Surgeons of Manitoba ("the College") to consult with the Minister of Health ("the Minister") when developing by-laws about diagnostic and treatment facilities;
  • ensuring that information about diagnostic and treatment facilities is given to the Minister promptly by the College;
  • updating the professional discipline process, including adding provisions that allow disciplinary action to be taken against a physician in Manitoba who is also registered in another jurisdiction and has been disciplined there;
  • providing liability protection for a physician who reports to the College that another physician is unfit to practise, incompetent or unethical;
  • requiring the College to submit an annual report to the Minister.