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The Medical Act

C.C.S.M. c. M90

The Medical Act

PART I
INTERPRETATION
1 Definitions
2(1) Persons deemed practising medicine
(2) Exceptions
3 Right to give medical aid in time of need
4 Religious practitioners
5(1) Unauthorized practice
(2) Medical officer of public service
PART II
REGISTERS
6(1) Registrar to maintain registers
(2) Information in registers
(3) Incorrect entries
7 Inspection of register
8 Certificate of registrar as evidence
PART III
REGISTRATION AND LICENSING OF MEMBERS AND ASSOCIATE MEMBERS
REGISTRATION
9(1) Eligibility for registration as member
(2) Additional qualifications
10(1) Membership
(2) Honorary membership
11(1) Educational register
(2) Clinical assistant register
(2.1) Physician assistant register
(3) Associate membership
12(1) Eligibility for registration as specialist
(2) Specialist registration by order of council
(3) Holding out as specialist prohibited
13(1) Refusal to register
(2) Appeal to council
(3) Notice
(4) Refusal of registration because of conviction
(5) Cancellation because of conviction
13.1(1) Registration if emergency
(2) Emergency need not be declared
(3) Licence
LICENSING
14(1) Licence fee
(2) Issuance of licence
(3) Renewal of licence
(3.1) Conditions on licence
(4) Late application for renewal
(5) Effective date of renewal
15(1) Reduction or waiver of fee or penalty
(2) Limitation on practice
GENERAL
16(1) Cancellation of registration
(2) Application for re-registration
17 Registration or licence based on misrepresentation
18(1) Appeal to court
(2) Powers of court on appeal
19 Regulations by council
19.1(1) Physician profiles
(1.1) Definition
(2) Regulations
(3) Verification of information
(4) Prior review by medical practitioner
19.2(1) Regulation required by the minister
(2) L.G. in C. may make regulation
PART IV
MEDICAL CORPORATIONS
20 Definitions
21 Medical corporation may practise
22(1) Corporate licence
(2) Late application for renewal of licence
(3) Validity of licence
(4) Refusal to issue or renew licence
(5) Notice of refusal
(6) Appeal to council
(7) Notice
23(1) Business without licence prohibited
(2) Restriction on business of medical corporation
(3) Interpretation of business restriction
(4) Validity of corporate act
24(1) Voting agreements void
(2) Unanimous shareholders' agreements void
25(1) Application of Act and rules
(2) Obligations to clients not diminished
(3) Liability of members
(4) Liability of voting shareholders
(5) Investigation of member practising through corporation
(6) Member's licence restrictions apply to corporation
26(1) Suspension or cancellation of licence
(2) Limitation
(3) Alternatives to cancellation or suspension
26.1(1) Appeal to court
(2) Powers of court on appeal
PART V
GENERAL POWERS
27 Corporate status
CORPORATE POWERS OF THE COLLEGE
28 Powers of college
29 Medical Act to prevail
30 Affairs conducted by council
PART VI
THE COUNCIL OF THE COLLEGE
31(1) Composition of council
(2) Electoral districts
(3) Number of councillors
(4) By-laws for nominating, voting and election of councillors
(5) Term of office
(6) Vacancies on council
(7) Vacancies involving public representatives
(8) Councillor no longer member
32(1) Who may vote for election of certain councillors
(2)
(3) Eligibility for election in electoral districts
(4) Place of practice
33 Electoral inquiries
34(1) Appointment of president and president-elect
(2) Appointment of registrar, treasurer and other officers
(3) Assistant registrar need not be member
COMMITTEES OF COUNCIL
35(1) Committees appointed by council
(2) Duties and responsibilities of excutive committee
(3) By-laws for terms of office and procedure
FUNCTIONS AND DUTIES OF COUNCIL
36(1) Council to govern and administer college
(2) Council may make by-laws
36.1 Non-traditional therapies
37 Protection from liability
PART VII
STANDARDS COMMITTEE AND PROGRAM REVIEW COMMITTEE
38(1) Establishment of standards committee
(2) Employment of experts
(3) Refresher training
39(1) Reporting of members
(2) Liability
40(1) Program review committee
(2) By-laws for operation of certain diagnostic and treatment facilities
(2.1) Consultation with minister
(3) Report of committee to council
(4) Council may order closure of facility
(5) Prohibition
(6) Application to other facilities
(7) College to provide information to minister
(8) Timing and contents of report
PART VIII
COMPLAINTS COMMITTEE
41(1) Complaints committee
(2) Public representatives
(3) Selection of panel
(4) Composition of panel
(5) Effect of member being unable to continue
(6) Decision of panel
(7) Reference to complaints committee
42(1) Complaints
(2) Complaints against former members
43(1) Referral to complaints committee
(2) Resolution of complaints
(3) Advice to the member
(4) Referral to investigation committee
PART IX
INVESTIGATION COMMITTEE
APPOINTMENT AND POWERS
44(1) Investigation committee
(2) Public representatives
45(1) Investigation
(1.1) Discipline in another jurisdiction
(2) Legal counsel and experts
(3) Records and information
(4) Application to court for evidence
(5) Investigation of other matters
(6) Certified copy of record of external regulatory body
46 Report to investigation committee
DECISION OF COMMITTEE
47(1) Decision of investigation committee
(2) Notice to member and complainant
(3) Hearing not required
48(1) Restrictions and conditions on licence
(2) Costs
CENSURE
49(1) Censure: personal appearance
(2) Publication of censure
(3) Order for costs
VOLUNTARY SURRENDER OF LICENCE
50(1) Voluntary surrender of licence
(2) Order for costs
(3) Conditions on reinstatement
APPEAL BY COMPLAINANT
51(1) Appeal by complainant
(2) Form of appeal
(2.1) Appointment of appeal committee
(2.2) Exclusion from committee
(3) Power on appeal
(4) Notification of decision
(5) Hearing not required
SUSPENSION OF LICENCE PENDING DECISION
51.1(1) Suspension pending decision
(2) Notice of suspension or conditions
(3) Service of notice
(4) Proof of service
51.2(1) Appeal of suspension or conditions
(2) Hearing by executive committee
(3) Right to appear and be represented
(4) Powers on appeal
(5) Application for stay
MISCELLANEOUS
51.3 Referral to inquiry committee
51.4 Disclosure of information to authorities
PART X
INQUIRY COMMITTEE
APPOINTMENT
52(1) Inquiry committee
(2) Public representatives
53(1) Selection of panel
(2) Composition
(3) Exclusion from panel
(4) Effect of member being unable to continue
HEARING
54(1) Hearing
(2) When hearing date must be set
(3) Notice of hearing
(4) Service of notice of hearing
(5) Proof of service
55 Public notice of hearing
56(1) Hearings open to public
(2) Request for a private hearing
(3) When private hearing may be held
(4) Reasons for excluding the public to be available
57(1) Right to appear and be represented
(2) Recording of evidence
(3) Adjournments
58(1) Member may examine documentary evidence
(2) Member to provide documentary evidence
(3) Evidence of expert without report
(4) Failure to provide summary
59 Evidence of other matters
59.1(1) Oral and affidavit evidence
(2) Oral evidence
(3) Power to administer oaths
59.2(1) Witnesses
(2) Notice to attend and produce records
(3) Registrar to provide notices
(4) Method of service
(5) Proof of service
(6) Witness fees
(7) Failure to attend or give evidence
59.3 Proof of conviction
59.4 Hearing in absence of member
DECISION OF PANEL
59.5 Findings of panel
59.6(1) Orders of panel
(2) Costs when conditions imposed
(3) Suspension or cancellation of registration or licence
(4) Panel may consider censure
59.7(1) Costs and fines
(2) Nature of costs
(3) Failure to pay costs and fines by time ordered
(4) Filing of order to pay costs
59.8(1) Written decision and order
(2) Decision forwarded to registrar
(3) Service of decision and order
(4) Method of service
(5) Proof of service
59.9 Publication of decision
APPEAL TO COURT OF APPEAL
59.10(1) Appeal to Court of Appeal
(2) Commencement of appeal
(3) Appeal on record
59.11 Powers of Court on appeal
59.12 Stay pending appeal
REINSTATEMENT
59.13 Reinstatement
PART XI
MISCELLANEOUS
60 Validity of certain medical certificates
61 Limitation of action
62 Prohibited practice
62.1 Injunction against unlawful practice
63(1) Confidentiality of information
(2) Offence
63.1(1) Registrar to collect information
(2) Member to provide information
(3) Minister may require information
(4) Registrar to provide information to minister
(5) Minister may disclose information
(6) Authorized entities
63.2(1) Annual report
(2) Contents of report
64 Examinations and certificates
PART XII
65
PART XIII
OFFENCE AND PENALTIES
66(1) Offence for false or fraudulent representation
(2) Offence for practising without a current licence
67 Offence for unauthorized use of medical title
68 Offence for falsification of register
68.1 Penalty for offences
68.2 Directors, officers and employees of corporations
69
70 Proof of offence
71 Who may prosecute complaint
72 Limitation on prosecution
73 Stay of proceedings