Second

Session, 50th General Assembly

Charles III, 2022

BILL 1

AN ACT TO AMEND THE

MEDICAL ACT, 2011

Received

and Read the First Time ................................................................

Second

Reading ............................................................................................

Committee .....................................................................................................

Third

Reading ...............................................................................................

Royal

Assent .................................................................................................

HONOURABLE TOM

OSBORNE

Minister of Health

and Community Services

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Medical Act, 2011 to

add a definition of

"pharmacy network";

allow a

medical practitioner to be registered on the provisional register where the

medical practitioner holds a medical degree from a prescribed medical school or

osteopathic medical school or from a medical school or osteopathic medical

school located in a prescribed jurisdiction, is licensed in a prescribed

jurisdiction and satisfies certain prescribed qualifications and requirements;

expand the categories of registration

for licensure of medical practitioners;

require the minister to

establish an advisory committee;

authorize the minister, after

consultation with the advisory committee, to make regulations prescribing

medical schools or osteopathic medical schools, jurisdictions, qualifications

and requirements for the purpose of the registration of medical practitioners

licensed in the prescribed jurisdictions;

expand the authority for

electronic prescribing by medical practitioners;

replace all references to

"Trial Division" with the reference "Supreme Court";

replace the reference to

"a board of examiners" with the reference "an assessor";

allow the registrar to suspend

or restrict the licence of a medical practitioner against whom an allegation is

filed where the registrar is of the opinion that it is in the public interest;

and

incorporate gender-neutral

language.

A BILL

AN ACT TO AMEND THE MEDICAL ACT, 2011

Analysis

S.2 Amdt.

Definitions

S.11 Amdt.

College officers

S.15 Amdt.

By-laws

S.16 Amdt.

Regulations

S.18 R&S

Medical registration

S.19 Rep.

Registration of specialists

Ss.19.1 to 19.3 Added

19.1 Provisional registration

19.2 Associate registration

19.3 Clinical assistant regis-

tration

S.23 Amdt.

Appeal to Supreme Court

S.24 Amdt.

Licence to practise

S.25 Rep.

Provisional licences

S.26 Amdt.

Examination of applicants

Part III.1 Added

PART

III.1

ADVISORY COMMITTEE

29.1 Advisory committee

29.2 Ministerial regulations

S.32 Amdt.

Corporate register

S.34 Amdt.

Revocation of licence

S.35 Amdt.

Refusal to register or issue licence

S.36 Amdt.

Effect of incorporation

S.38 Amdt.

Misconduct of a professional medical corporation

S.40 Amdt.

Committees

S.41 Amdt.

Report by member

S.42 Amdt.

Allegation

S.43 Amdt.

Effect of filing allegation

S.44 Amdt.

Complaints authorization committee

S.46 Amdt.

Hearing

S.48 Amdt.

Guilty plea by respondent

S.49 Amdt.

Powers of adjudication tribunal

S.50 Amdt.

Filing and publication of decisions

S.51 Amdt.

De-registration and suspension

S.52 Amdt.

Failure to comply

S.53 Amdt.

Reinstatement and readmission

S.55 Amdt.

Collection of fine

S.56 Amdt.

Appeal

S.61 Amdt.

Assessment

S.62 Amdt.

Report and compliance

S.68 Amdt.

Evidence in disciplinary matter

S.70 Amdt.

Medical practitioner shall comply

S.71 Amdt.

Conduct of a review

S.76 Amdt.

Protection from liability

S.77 Amdt.

Other prescription practices

S.79 Amdt.

Offence

Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

SNL2011 cM-4.02

as amended

(1) Section 2 of the Medical Act, 2011 is amended by adding immediately before paragraph

(

a) the following:

(a.01) "advisory committee" means the

advisory committee established under

section 29.1;

(2) Paragraph 2(

f) of the Act is repealed and the

following substituted:

(f) "licence" means a licence issued

under this Act to engage in the practice of medicine;

(3) Section 2 of the Act is amended by adding

immediately after paragraph (

l) the following:

(l.1) "pharmacy network" means the

component of the province-wide electronic health record that allows authorized

health care providers to contribute to and access patient medication profiles

in real-time;

(4) Paragraph 2(

p) of the Act is amended by

deleting the words "register of specialists" and substituting the

words "provisional register, associate register, clinical assistant

register".

2. (1) Subsection 11(2) of the Act is amended by

deleting the words "he or she" and substituting the words " the registrar or deputy registrar".

(2) Subsection 11(7) of the Act is amended by

(

a) deleting the words "he or she" and

substituting the words "the registrar"; and

(

b) deleting the words "him or her" and

substituting the words "the deputy registrar".

3. Paragraph 15(1)(

n) of the Act is repealed and

the following substituted:

(

n) recognizing medical

schools, including osteopathic medical schools, courses and examinations for

the purposes of registration and licensing except for the purposes of

registration under subsection 19.1(2); and

4. (1) Paragraph 16(1)(

c) of the Act is repealed

and the following substituted:

(

c) the registration of

persons under this Act other than persons entitled to be registered under

subsection 19.1(2);

(2) Paragraph 16(1)(

f) of the Act is amended by

deleting the word "specialists" and the comma immediately after that

word.

(3) Paragraph 16(1)(

i) of the Act is amended by

deleting the words "and provisional licences".

(4) Paragraph

16(1)(

j) of the Act is repealed.

(5) Paragraph

16(1)(

o) of the Act is repealed.

Section 18 of the Act is repealed and the

following substituted:

Medical

registration

18. A

person who

(

a) holds a medical degree granted by a medical

school or an osteopathic medical school approved by the council;

(

b) has completed the post-graduate education and

training approved by the council as qualifying a person for registration on the

medical register; and

(

c) possesses the other qualifications and meets

the other requirements that may be prescribed in the regulations as qualifying

a person for registration on the medical register

is entitled to be registered on the

medical register upon payment of the fee for registration set by the council.

Section 19 of the Act is repealed.

7. The Act is amended by adding immediately after

section 19 the following:

Provisional

registration

19.1

(1) A person who

(

a) holds

a medical degree granted by a medical school or an osteopathic medical school

approved by the council;

(

b) has

completed the post-graduate education and training approved by the council as

qualifying a person for registration on the provisional register; and

(

c) possesses

the other qualifications and meets the other requirements that may be

prescribed in the regulations as qualifying a person for registration on the

provisional register

is entitled to be

registered on the provisional register upon payment of the fee for registration

set by the council.

(2) In addition to a person referred to in

subsection (1), a person who

(

a) holds

a medical degree granted by a medical school or an osteopathic medical school

prescribed in the regulations or located in a jurisdiction prescribed in the

regulations;

(

b) is licensed to practice medicine in a

jurisdiction prescribed in the regulations; and

(

c) possesses

the other qualifications and meets the other requirements that may be

prescribed in the regulations as qualifying a person for registration on the provisional

register

is entitled to be registered on the provisional

register upon payment of the fee for registration set by the council.

(3) The

minister may prescribe by regulation a time period in which registration under

subsection 19.1(2) expires.

Associate

registration

19.2 A

person who

(

a) holds a medical degree granted by a medical

school or an osteopathic medical school approved by the council;

(

b) has

completed the post-graduate education and training approved by the council as

qualifying a person for registration on the associate register; and

(

c) possesses

the other qualifications and meets the other requirements that may be

prescribed in the regulations as qualifying a person for registration on the

associate register

is entitled to

be registered on the associate

register upon payment of the fee for registration set by

the council.

Clinical

assistant registration

19.3 A

person who

(

a) holds

a medical degree granted by a medical school or an osteopathic medical school

approved by the council;

(

b) has

completed the post-graduate education and training approved by the council as

qualifying a person for registration on the clinical assistant register; and

(

c) possesses

the other qualifications and meets the other requirements that may be

prescribed in the regulations as qualifying a person for registration on the

clinical assistant register

is entitled to be registered on the clinical assistant register upon

payment of the fee for registration set by the council.

8. (1) Subsection 23(1) of the Act is repealed and

the following substituted:

Appeal to Supreme

Court

(1) A

person aggrieved by a refusal of the council to register the person, may,

within 30 days after receipt of notice of that refusal, appeal against the

refusal to a judge of the Supreme Court by filing with the court a notice of

appeal, and by serving a copy of the notice upon the registrar.

(2) Paragraph 23(2)(

b) of the Act is amended by

deleting the words "his or her" and substituting the words "the

appellant's".

(3) Subsection 23(6) of the Act is amended by deleting the words "Trial Division"

and substituting the words "Supreme Court".

9. (1) Paragraph 24(1)(

a) of the Act is amended by

deleting the words "in the medical" and substituting the words "on

a".

(2) Subsection 24(5) of the Act is amended by

deleting the words "or a provisional licence".

(3) Section 24 of the Act is amended by adding

immediately after subsection (5) the following:

(6) Where

a holder of a licence does not comply with one or more of the terms or

conditions attached to the licence, the council may suspend or revoke the

licence.

Section 25 of the Act is repealed.

Section 26 of the Act is amended by deleting

the words "a board of examiners" and substituting the words "an

assessor".

12. The Act is amended by adding immediately after

section 29 the following:

PART III.1

ADVISORY COMMITTEE

Advisory

committee

29.1

(1) The

minister shall establish an advisory committee to provide advice in relation to

registration of persons under subsection 19.1(2) and other matters as

determined by the minister.

(2) The advisory committee shall consist of the

following members:

(a) 2 medical

practitioners appointed by the minister from a list of medical practitioners

submitted in accordance with subsection (3);

(

b) one employee of the department selected by the

deputy minister of the department; and

(c) 2 representatives of the college appointed by

the college.

(3) The chief executive officer of each regional

health authority continued under the Regional

Health Authorities Act shall nominate one medical practitioner from the

regional health authority for the advisory committee and submit that name to

the minister.

(4) The minister shall

set the term of office of members and the terms of reference and duties for the

advisory committee.

Ministerial

regulations

29.2

(1) The minister may make regulations

(

a) prescribing medical schools and osteopathic

medical schools for the purposes of paragraph 19.1(2)(a);

(

b) prescribing jurisdictions for the purposes of

paragraphs 19.1(2)(

a) and (b);

(

c) prescribing qualifications and requirements

for the purposes of paragraph 19.1(2)(c);

(

d) prescribing a time period for the purposes of

subsection 19.1(3);

(

e) defining a word or

expression used but not defined in this Act; and

(

f) generally to give

effect to the purpose of this Act.

(2) The minister shall consult with the advisory

committee before making regulations under paragraphs (1)(

a) to (d).

(3) The minister shall, in consultation with the

advisory committee, review regulations made under paragraphs (1)(

a) to (

d) no

less than once in a year.

13. (1) Paragraph 32(2)(

a) of the Act is amended by

deleting the words "exercise his or her vote as he or she" and

substituting the words "vote as the medical practitioner".

(2) Paragraph 32(5)(

b) of the Act is amended by

deleting the words "his or her" and substituting the word

"the".

14. Paragraph 34(

c) of the Act is amended by

deleting the words "him or her" and substituting the words "the

medical practitioner".

Section 35 of the Act is amended by deleting

the words "Trial Division" wherever they appear and substituting the

words "Supreme Court".

Section 36 of the Act is amended by

(

a) deleting the words "his or her"

wherever they appear and substituting the words "the medical

practitioner's"; and

(

b) deleting the words "he or she"

wherever they appear and substituting the words "the medical

practitioner".

17. Subsection 38(2) of the Act is amended by

deleting the words "he or she" and substituting the words "the

medical practitioner".

18. Subsection 40(6) of the Act is repealed and the

following substituted:

(6) Notwithstanding the expiry of the member's

term, a member of the disciplinary panel continues to be a member until

reappointed or replaced.

19. Subsection 41(3) of the Act is amended by

deleting the words "he or she or the" and substituting the words

"the medical practitioner, person" and by adding a comma after the

word "person".

20. (1) Subsection 42(1) of the Act is amended by

deleting the words "his or her" and substituting the words "the

complainant's".

(2) Subsection 42(2) of the Act is amended by

deleting the words "his or her" and substituting the words "the

registrar's".

21. Subsection 43(2) of the Act is repealed and the

following substituted:

(2) Where

the allegation is not satisfactorily resolved by the registrar under subsection

(1),

(

a) the

registrar shall refer the allegation and all other allegations to the

complaints authorization committee; and

(

b) where

the registrar considers that it is in the public interest, the registrar may

suspend or restrict the respondent's licence until the complaints authorization

committee makes a decision under subsection 44(2), (3) or (6).

22. (1) Subsection 44(3) of the Act is amended by

deleting the words "his or her" wherever they appear and substituting

the words "the respondent's".

(2) Subparagraph 44(7)(a)(

i) of the Act is amended

by deleting the words "he or she" and substituting the words

"that the person".

(3) Subsection 44(8) of the Act is amended by

(

a) deleting the words "he or she" and

substituting the words "the medical practitioner or person"; and

(

b) deleting the words "of him or her".

(4) Subsection 44(10) of the Act is amended by

deleting the words "Trial Division" and substituting the words

"Supreme Court".

23. Subsection 46(2) of the Act is amended by

deleting the words "his or her".

24. Subsection

48(2) of the Act is amended by deleting the words "his or her"

wherever they appear and substituting the words "the respondent's".

25. Subsection

49(3) of the Act is amended by deleting the words "his or her"

wherever they appear and substituting the words "the respondent's".

26. Subsection 50(1) of the Act is repealed and the

following substituted:

Filing and

publication of decisions

(1) An adjudication tribunal shall file a decision or order

made under subsection 48(2) or 49(3) with the registrar and provide a copy to

the complainant, respondent, respondent's employer and minister.

Section 51 of the Act is amended by deleting

the words "his or her" wherever they appear and substituting the

words "the respondent's".

Section 52 of the Act is amended by deleting

the words "he or she" wherever they appear and substituting the words

"the respondent".

29. Paragraph 53(1)(

b) of the Act is amended by deleting

the words "his or her" and substituting the words "the

respondent's".

Section 55 of the Act is amended by deleting

the words "Trial Division" wherever they appear and substituting the

words "Supreme Court".

Section 56 of the Act is amended by deleting

the words "Trial Division" wherever they appear and substituting the

words "Supreme Court".

32. Paragraph 61(2)(

a) of the Act is amended by

deleting the words "his or her" and substituting the words "the

medical practitioner's".

33. Subsection 62(1) of the Act is amended by

(

a) deleting the words "his or her" and

substituting the words "the assessor's"; and

(

b) deleting the words "him or her" and

substituting the words "the medical practitioner".

34. Subsection 68(2) of the Act is amended by

deleting the words "his or her assessment" and substituting the words

"the assessment of the medical practitioner".

Section 70 of the Act is amended by deleting

the words "his or her" and substituting the words "the medical

practitioner's".

36. (1) Subsection 71(1) of the Act is amended by

deleting the words "his or her" and substituting the words "the

medical practitioner's".

(2) Paragraph

71(2)(

b) of the Act is amended by deleting the words "his or her" and

substituting the words "the medical practitioner's".

(3) Subparagraph

71(2)(d)(iv) of the Act is amended by deleting the words "his or her"

and substituting the words "the medical practitioner's".

(4) Subparagraph

71(2)(d)(vi) of the Act is amended by deleting the words "his or her"

and substituting the words "the medical practitioner's".

(5) Subparagraph 71(2)(d)(vii) of the Act is

amended by

(

a) deleting

the words "his or her"; and

(

b) deleting the words "he or she" and

substituting the words "the medical practitioner".

(6) Subsection 71(5) of the Act is amended by

(

a) deleting the words "he or she" and

substituting the words "the medical practitioner or person"; and

(

b) deleting the words "of him or her".

37. Subsection 76(1) of the Act is repealed and the

following substituted:

Protection from

liability

(1) An action for damages does not lie

against

(

a) the

minister, the registrar, a member of the council, an officer, employee or agent

of the college or council, a person or committee designated by the college or

council, the college as a corporation, the council as governing body of the

college, the advisory committee, the complaints authorization committee, a

person appointed by the complaints authorization committee, the disciplinary

panel, an adjudication tribunal, the quality assurance committee, a person

appointed by the quality assurance committee or the individual members of those

bodies; or

(

b) medical

regulatory authorities, medical societies, the peer assessment committee, the

registrar, an officer or employee of the medical regulatory authorities or

medical societies, a member of a committee or subcommittee of the medical

regulatory authorities or medical societies or an assessor appointed under

section 60

for

an act or failure to act or a proceeding initiated or carried out in

good faith under this Act or purportedly under this Act, or for carrying out

duties or obligations as the minister, the registrar, a member, officer,

employee, designate, agent, committee member or other person authorized under

this Act or for a decision or order made or enforced in good faith under this

Act, or purportedly under this Act.

38. Subsection 77(2) of the Act is repealed and the

following substituted:

(2) A medical practitioner may prescribe a drug or

drug product electronically, including a drug or drug product included in the

list under subsection 26(2) of the Pharmaceutical

Services Act , through the pharmacy network or other electronic means.

39. (1) Paragraph 79(1)(

b) of the Act is amended by

deleting the words "hold himself or herself out" and substituting the

word "represent".

(2) Paragraph 79(1)(

c) of the Act is amended by

deleting the words "he or she" and substituting the words "the

person".

Commencement

40. T his Act, or a section, subsection or paragraph of

it, except

section 38, comes into force on a day or days to be proclaimed by

the Lieutenant-Governor in Council.

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