1997 BILL 29 First Session, 24th Legislature, 46 Elizabeth II THE LEGISLA TIVE A SSEMBLY OF A LBERTA BILL 29 MEDICAL PROFESSION AMENDMENT ACT, 1997 THE MINISTER OF HEA LTH First Reading Second Reading Committee of the Whole Third Reading Royal A ssent

B ill 29 BILL 29 1997 MEDICAL PROFESSION AMENDMENT ACT, 1997 (A ssented to , 1997) HER MA JESTY, by and with the advice and consent of the Legislative A ssembly of A lberta, enacts as follows: Amends RSA 1980 cM-12 1 The M edical P rofession A ct is amended by this Act. 2

Section 1 is amended (

a) by renumbering clause (

a) as clause (a.1) and adding the following before clause (a.1): (a) “A ppeal Committee” means the A ppeal Committee established by

section 33.6; (

b) by adding the following after clause (f): (f.1) “Performance Committee” means the Physician Performance Committee established by

section 33.1; 3 The following is added after

section 33:

PART 2.1 PHYSICIAN ACHIEVEMENT REVIEW PROGRAM Physician Performance Committee established 33.1 There is hereby established the Physician Performance Committee, the members of which are appointed by the council. Purpose and objectives of Performance Committee 33.2 The purpose of the Performance Committee is to establish, develop and administer a program (

a) to assess the standard of medical care provided by registered practitioners for their patients, and 1

Explanatory Notes 1 A mends

chapter M-12 of the Revised Statutes of A lberta 1980. 2 Establishes committees. 3 Council by-laws for

Part 2.1. 1 E xplanatory N otes

(

b) to enhance the performance of registered practitioners in the practice of medicine. Powers and duties of Performance Committee 33.3(1) The Performance Committee may, in accordance with the by-laws, conduct a general assessment of the professional performance of each registered practitioner at least once every 5 years.

(2) Within 90 days of completing a general assessment of a registered practitioner, the Performance Committee shall direct that (

a) no further action be taken, (

b) the registered practitioner participate in an individual assessment of competence or performance, or (

c) the registered practitioner undertake further action.

(3) A n individual assessment or further action under subsection (2)(

b) or (

c) must be carried out in accordance with the by-laws. Individual assessment 33.4(1) In conducting an individual assessment under

section 33.3(2)(b), the members of the Performance Committee may at any reasonable time (

a) enter and inspect any place of the registered practitioner where the practice of medicine is carried on; (

b) require the registered practitioner to produce any books, records, papers and other documents or things relating to patient care in the possession or control of the registered practitioner.

(2) The members of the Performance Committee may not enter a private dwelling place or any part of a place that is designed to be used and is being used as a permanent or temporary private dwelling place except with the consent of the occupant of the place.

(3) Within 90 days of completing an individual assessment of a registered practitioner, the Performance Committee shall (

a) direct that no further action be taken, (

b) direct that the registered practitioner undertake further action, or 2

2 E xplanatory N otes

(

c) prepare a report containing its findings and refer the matter to the investigation chairman.

(4) A further action under subsection (3)(

b) must be carried out in accordance with the by-laws.

(5) The Performance Committee shall refer a matter to the investigation chairman when the Performance Committee is of the opinion that the registered practitioner (

a) may be guilty of unbecoming or criminal conduct, whether in a professional capacity or otherwise, (

b) may be incapable or unfit to practise medicine or osteopathy or may be suffering from an ailment, either organic or mental, which might, if the registered practitioner continues to practise, constitute a danger to the public, (

c) displays a lack of skill or judgment in the practice of medicine or osteopathy, or (

d) has failed to comply with a requirement under this Part. Mandatory participation of registered practitioners 33.5 A registered practitioner shall comply with the provisions of this Part. Appeal from Performance Committee direction 33.6(1) There is hereby established the A ppeal Committee, the members of which are appointed by the council in accordance with the by-laws.

(2) A registered practitioner who receives a direction from the Performance Committee under

section 33.3(2) or 33.4(3) may appeal to the A ppeal Committee by filing a written notice of appeal with the registrar within 30 days of the date of service of the direction on the registered practitioner.

(3) On receipt of a written notice of appeal forwarded from the registrar, the Performance Committee shall prepare a report and shall forward to the A ppeal Committee the report and a statement of the direction made to the registered practitioner.

(4) Section 55(1) applies, with all necessary modifications, to the proceedings of the A ppeal Committee under this section.

(5) In its decision, the A ppeal Committee may 3

3 E xplanatory N otes

(

a) confirm, reverse or vary the direction appealed and make any direction that the Performance Committee could have made, and (

b) make any further order the A ppeal Committee considers necessary for the purposes of carrying out the direction.

(6) The registered practitioner shall comply with an order of the A ppeal Committee under subsection (5). Membership of Performance Committee 33.7(1) The Performance Committee shall have at least 5 members and not more than 9 members consisting of (

a) members from the classes of registered practitioners prescribed under the by-laws, and (

b) one member of the public who is not a physician.

(2) The council shall appoint annually a member of the Performance Committee to act as chair. Conduct of Committee 33.8(1) The Performance Committee may adopt the by- laws of the council for the conduct of its business or, with the approval of the council, establish its own rules and procedures.

(2) The Performance Committee may establish one or more subcommittees consisting of one or more persons to perform any duties and functions and exercise any powers of the Performance Committee, and in each case, the subcommittee shall submit a written report containing its findings and recommendations to the Performance Committee.

(3) Members of the Performance Committee shall be paid fees for attendance and reasonable travelling expenses in accordance with the by-laws.

(4) The Performance Committee may from time to time appoint one or more persons having special technical or other knowledge to inquire into and report to the Performance Committee in respect of any matter. Confidentiality 33.9(1) A person who is a member of the Performance Committee, its subcommittees or the A ppeal Committee, or the investigation chairman or any person appointed under

section 33.8(4) shall not publish, release or disclose in any manner information obtained in the course of carrying out their powers, duties and functions under this Part except as is necessary to carry out those powers, duties and functions. 4

4 E xplanatory N otes

(2) Information obtained by a registered practitioner under this Part shall not be published, released or disclosed by the registered practitioner in any manner unless the information is published, released or disclosed in accordance with a direction of the Performance Committee.

(3) Notwithstanding subsection (1), information obtained by the investigation chairman from the Performance Committee shall not be released or disclosed to the investigating committee by the investigation chairman other than the following information: (

a) the name of the registered practitioner; (

b) the grounds for referral under

section 33.4(5).

(4) Notwithstanding subsection (1), information obtained by the Performance Committee under this Part may be provided or published by the Performance Committee in summarized or statistical form if the information is provided or published in such a manner that it is not possible to relate the information to any particular identifiable person. By-laws 33.91 The council may make by-laws for (

a) the appointment of members to the Performance Committee and the A ppeal Committee, including, without limitation, the designation of classes of members, the method of appointment of members, the terms of office of members and the filling of vacancies and the remuneration to which members are entitled; (

b) the proceedings of the Performance Committee and the A ppeal Committee and the powers and duties of those Committees; (

c) the development, implementation and administration of a program for the assessment of registered practitioners; (

d) the conduct of a general assessment or an individual assessment of a registered practitioner; (

e) the determination of further action for the purposes of

section 33.3(3) or 33.4(4); (

f) the determination of costs that may be attributed to proceedings under this Part and the powers and duties of the Performance Committee or the A ppeal Committee, as the case may be, in making orders 5

5 E xplanatory N otes

under this Part against a registered practitioner for the payment of all or part of those costs. 4

Section 36 is amended (

a) in subsection (2) by striking out “or” at the end of clause (c), by adding “or” at the end of clause (

d) and by adding the following after clause (d): (

e) has failed to comply with a requirement under

Part 2.1. (

b) by adding the following after subsection (3):

(4) In the case of a review under subsection (2)(e), on completing his review the investigation chairman shall (

a) direct that no further action be taken, or (

b) direct that the matter be dealt with by an investigating committee. 5

Section 56(2)(

b) is repealed and the following is substituted: (

b) that the registered practitioner pay, in an amount and within the time fixed by the council, all or a portion of any or all of the following: (

i) the costs of the investigation; (ii) the costs of the proceedings before the investigating committee; (iii) the costs of the proceedings before the council; 6 The following is added after

section 87: 6

Section 36(2) presently reads:

(2) The investigation chairman shall review any matter brought to his attention by the registrar or in any other manner, whether a complaint is made or not, where a registered practitioner (

a) either before or after he is registered has been convicted of an offence punishable by more than one year’s imprisonment, (

b) is alleged to be guilty of unbecoming or criminal conduct, whether in a professional capacity or otherwise, (

c) is alleged to be incapable or unfit to practise medicine or osteopathy or to be suffering from an ailment, either organic or mental, which might, if he continues to practise, constitute a danger to the public, or (

d) is alleged to display a lack of skill or judgment in the practice of medicine or osteopathy. 5

Section 56(2) presently reads:

(2) The council may, in addition to an order under subsection (1), make all or any of the following orders: (

a) that the registered practitioner pay, for each allegation proved against him, a penalty of not more than $1000 to the College, within the time fixed by the order; (

b) that the registered practitioner pay all or any portion of (

i) the costs of the investigation, (ii) the costs of the proceedings before the council or the investigating committee, or (iii) both the costs of the investigation and the costs of the proceedings before the council or the investigating committee in an amount and within the time fixed by the council; (

c) that the registered practitioner be suspended in default of paying any penalty or costs ordered to be paid until the penalty or costs are paid. 6 Protection from liability. 6 E xplanatory N otes

Protection from liability 87.1 No action lies against (

a) the College or a person who is or was an officer, employee or agent of the College, (

b) a person who conducts an investigation under

Part 3, (

c) a person who is or was a member of the council or a member of a committee established by or under this A ct, or (

d) a person who acts on the instructions of, or under the supervision of, a person referred to in clauses (

a) to (c), in respect of anything done by any of them in good faith pursuant to this A ct, the by-laws or any direction of the council.

(2) No action for defamation may be founded on a communication regarding the conduct of a registered practitioner if the communication is published to or by a person within any of the classes of person enumerated in subsection (1), in good faith and in the course of any proceedings under this A ct or the by-laws relating to that conduct. (3) Subsections (1) and (2) do not operate to restrict or abrogate any immunity or protection that is otherwise provided by law to a person within any of the classes of person enumerated in subsection (1) or to any other person.

(4) Notwithstanding any other A ct or law, no person who is or was within any of the classes of person enumerated in subsection (1) shall be required in any proceedings, other than proceedings under this A ct or the by-laws or a prosecution under

Part 5, to give evidence relating to any matter that arose in any proceedings under this A ct or the by-laws, or to produce any record or thing adduced in evidence in proceedings under this A ct or the by-laws or forming part of the records of the College that relate to the conduct of a registered practitioner. 7 This Act comes into force on Proclamation. 7

7 Coming into force. 7 Explanatory Notes Title: 1997 (24th, 1st) Bill 29, Medical Profession Amendment Act, 1997