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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 |