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The Medical Amendment Act

This is an unofficial version.
If you need an official copy, contact Statutory Publications.

S.M. 1998, c. 22

THE MEDICAL AMENDMENT ACT


 

(Assented to June 29, 1998)

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         Subsection 18(4) is amended by striking out "for a period of at least two months".

3         Section 19 is amended by adding the following after clause (f):

(g) the professional liability coverage, or other liability protection, that a member must carry.

4         Subclause 47(1)(c)(i) is amended by adding "a member of" before "the committee".

5         Clause 52(1)(b) is amended by striking out "and public representatives" and substituting ", former members of the college, public representatives or other persons".

6         The following is added after section 62:

Injunction against unlawful practice

62.1      On application by the college, the court may grant an injunction enjoining any person from practising or professing to practise medicine without being licensed under this Act, or from doing anything in contravention of this Act, notwithstanding any penalty this Act may provide respecting that contravention.

7         Section 63 is repealed and the following is substituted:

Confidentiality of information

63(1)     Every person employed, appointed or retained for the purpose of administering this Act, and every member of the council or a committee of the council, shall preserve secrecy about all information that comes to his or her knowledge in the course of his or her duties, and shall not communicate any information to any other person, except

(a) to the extent the information is available to the public under this Act;

(b) in connection with the administration of this Act, including, but not limited to, the registration of members, complaints about members, allegations of members' incapacity, unfitness, incompetence or acts of professional misconduct, or the governing of the profession;

(c) to a body that governs the practice of a health profession pursuant to an Act of the Legislature, or to The Manitoba Veterinary Medical Association established under The Veterinary Medical Act, to the extent the information is required for that body to carry out its mandate under the Act;

(d) to a body that governs the practice of medicine in a jurisdiction other than Manitoba; or

(e) as may be required for the administration of The Health Services Insurance Act or The Prescription Drugs Cost Assistance Act.

Offence

63(2)     A person who contravenes subsection (1) is guilty of an offence and is liable, on summary conviction, to a fine of not more than $50,000.

8(1)      Subsection 66(1) is amended

(a) in the section heading, by striking out "Penalty" and substituting "Offence"; and

(b) by striking out everything after "offence".

8(2)      Subsection 66(2) is amended

(a) in the section heading, by striking out "Penalty" and substituting "Offence"; and

(b) by striking out everything after "offence".

9         Section 67 is repealed and the following is substituted:

Offence for unauthorized use of medical title

67        Any person who is not registered under this Act who

(a) represents or holds out, expressly or by implication, that he or she is a medical practitioner or is entitled to engage in the practice of medicine; or

(b) uses the title "doctor", "surgeon" or "physician" or any similar designation or any suffix, prefix, word, title or designation, abbreviated or otherwise, implying that he or she is registered under this Act or engaged in or entitled to engage in the practice of medicine;

is guilty of an offence.

10        Section 68 is amended

(a) in the section heading, by striking out "Penalty" and substituting "Offence"; and

(b) by striking out "and is liable, on summary conviction, to a fine of not less than $200. and not more than $1,000.".

11        The following is added after section 68:

Penalty for offences

68.1      A person who is guilty of an offence under this Act is liable, on summary conviction,

(a) for a first offence, to a fine of not more than $6,000.; and

(b) for a second or subsequent offence, to a fine of not more than $30,000.

Coming into force

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