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The Midwifery Act

C.C.S.M. c. M125

The Midwifery Act

PART 1
DEFINITIONS
1 Definitions
PART 2
PRACTICE OF MIDWIFERY
2 (1) Practice of midwifery
(2) Included practices
(3) Midwife as primary health care provider
3 (1) Exclusive right to practice midwifery
(2) Application to other persons
4 (1) Representation as a midwife
(2) Use of titles
PART 3
COLLEGE OF MIDWIVES OF MANITOBA
5 (1) College established
(2) Powers
(3) Membership
(4) Meetings
(5) Notice of meetings
(6) Qualification to vote
6 Public meetings
7 (1) Council established
(2) Council to manage affairs
8 (1) Composition of council
(2) Officers
(3) Remuneration
(4) Registrar and staff
(5) Committees
9 Council to convene meetings
PART 4
REGISTRATION
10 (1) Registers
(2) Register of practising midwives
(3) Access to information
11 Board of assessors
12 (1) Registration of midwives
(2) Conditions
(3) Entry in register
(4) Certificate of registration
12.1 (1) Registration if emergency
(2) Emergency need not be declared
(3) Certificate of registration
13 Application for registration not approved
14 (1) Appeal to council
(2) Hearing
(3) Notification of hearing
(4) Participation by board of assessors
(5) Decision by council
(6) Notice of decision of appeal
15 (1) Appeal to court
(2) Powers of court on appeal
16 (1) Registration of students
(2) Appeal from refusal to register
PART 5
ENFORCEMENT OF STANDARDS OF PRACTICE
17 Definitions
COMPLAINTS COMMITTEE
18 Complaints committee
19 (1) Complaints
(2) Complaints against former midwives
20 Referral to complaints committee
21 (1) Investigation
(2) Records and information
(3) Failure to produce records
(4) Investigation of other matters
(5) Report to complaints committee
DECISION OF COMPLAINTS COMMITTEE
22 (1) Decision of complaints committee
(2) Matter not resolved by mediation
(3) Decision served on investigated person and complainant
(4) Hearing not required
23 (1) Conditions on right to practise
(2) Costs
CENSURE
24 (1) Censure: personal appearance
(2) Publication of censure
(3) Order for costs
VOLUNTARY SURRENDER OF REGISTRATION
25 (1) Voluntary surrender of registration
(2) Order for costs
26 Conditions on re-instatement
APPEAL BY COMPLAINANT
27 (1) Appeal by complainant to council
(2) Power on appeal
(3) Notification of decision
CANCELLATION OF REGISTRATION PENDING DECISION
28 (1) Cancellation pending decision
(2) Notice of cancellation or conditions
29 Application for stay
MISCELLANEOUS
30 Referral to inquiry committee
31 Disclosure of information to authorities
INQUIRY COMMITTEE
32 (1) Inquiry committee
(2) Membership
(3) Exclusion from committee
(4) Effect of member being unable to continue
33 Procedure
HEARING
34 (1) Hearing by inquiry committee
(2) Date of hearing
(3) Notice of hearing
(4) Public notice of hearing
35 (1) Right to appear and be represented
(2) Examination of documentary evidence
(3) Adjournments
(4) Investigation of other matters
36 (1) Hearings open to public
(2) Exclusion of public
(3) Public information may be disclosed
(4) Exclusion of public during certain motions
(5) Orders with respect to matters in submissions
(6) Reasons for excluding public to be available
(7) Reconsidering of order to exclude public, etc.
37 (1) Evidence
(2) Power to administer oaths and affirmations
(3) Recording of evidence
38 Witnesses
39 (1) Notice to attend and produce records
(2) Registrar shall provide notices
(3) Witness fees
40 Failure to attend or give evidence
41 Hearing in absence of investigated person
DECISION OF INQUIRY COMMITTEE
42 Findings of committee
43 (1) Orders of inquiry committee
(2) Committee may consider censure
(3) Ancillary orders
(4) Contravention of order
44 (1) Costs and fines
(2) Nature of costs
(3) Failure to pay costs and fines by time ordered
(4) Filing of order
45 (1) Written decision
(2) Decision forwarded to registrar
(3) Service of decision
(4) Copies of transcript
46 Publication of decision
APPEAL TO COURT OF APPEAL
47 (1) Appeal to Court of Appeal
(2) Commencement of appeal
(3) Appeal on the record
48 Powers of Court on appeal
49 Stay pending appeal
PART 6
REGULATIONS, BY-LAWS AND CODE OF ETHICS
50 (1) Regulations made by the council
(2) Approval of regulations
51 (1) By-laws
(2) Amendments and repeal of by-laws
52 Code of ethics
PART 7
GENERAL PROVISIONS
53 (1) Appointment of practice auditors
(2) Audit of a midwifery practice
54 (1) Entry of premises and inspection of records
(2) Admissibility of copies
(3) Entry with order
(4) Obstruction of practice auditor
55 (1) Service of documents
(2) Deemed receipt
56 Registrar's certificate
57 Proof of conviction
58 (1) Offence
(1.1) Offence
(2) Limitation on prosecution
(3) Prosecution of offence
(4) Stay of proceedings
59 Protection from liability
60 Injunction
60.1 Confidentiality of information
60.2 (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
PART 8
TRANSITIONAL, CONSEQUENTIAL AND COMING INTO FORCE
61 (1) Transitional council of the college
(2) Powers of transitional council
(3) Registration in transitional period
(4) Powers of minister
(5) Transitional council to comply with minister's request
(6) Lieutenant Governor in Council regulations
(7) Authority
62 Transition after Act in force
63 to 65
66 C.C.S.M. reference
67 (1) Coming into force
(2) Coming into force: section 61