BILL 84
An Act to Amend An Act Respecting the
WHEREAS the College of Physicians and Surgeons of New Brunswick wishes to make certain amendments to the Medical Act to enhance its investigatory and disciplinary authority, to expedite its response to complaints, to provide for open disciplinary hearings and to allow for the licensing of Physician Assistants, and make other incidental amendments;
AND
WHEREAS the
THEREFORE, Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
1 Section 3 of An Act Respecting the New Brunswick Medical Society and the College of Physicians and Surgeons of New Brunswick, chapter 87 of the Acts of New Brunswick, 1981, is amended:
(a) by
repealing the definition "associate member" and substituting the
following:
"associate member" means a person who is registered on the Medical Education Register, the Corporations Register or the Physician Assistants Register and holds a licence;
(b) by
repealing the definition "complaint" and substituting the following:
"complaint" means any allegation made, issue raised or information provided, by any body corporate, association, the Registrar, the Council, the Executive Committee, the Complaints and Registration Committee, the Review Committee or any other person regarding the conduct, actions, competence, character, fitness, health or ability of a present or former member or, associate member; or the present or former employees of a member, or associate member;
(c) by
repealing the definition "medical practitioner" and substituting the
following:
"medical practitioner" means a person who is registered in the Medical Register or on the Medical Education Register under paragraph 32(3)(c);
(d) by
repealing the definition "member" and substituting the following:
"member" means a person who is registered in the Medical Register, and holds a licence;
(e) by
repealing the definition "osteopathic practitioner";
(f) by
repealing the definition "Osteopathic Register";
(g) by
repealing the definition "practice of medicine" and substituting the
following:
"practice of medicine" includes the practice of medicine, surgery, and osteopathic medicine and the specialties and subspecialties thereof;
(h) by
repealing the definition "prescribed";
(i) by
repealing the definition "register" and substituting the following:
"register" includes the Medical Register, Medical Education Register, Medical Specialists Register, and Corporations Register, as the context may require;
(j) by
repealing the definition "registered mail" and substituting the
following:
"registered mail" includes certified mail and prepaid mail or prepaid courier pursuant to Rules 18.03(3), 18.03(4) and 18.03(5) of the Rules of Court;
(k) by
repealing the definition "Regulated Licences Register";
(l) by
repealing the definition "sexual abuse" and substituting the
following:
"sexual abuse" includes
(a) sexual intercourse or any other form of physical sexual relations between the member or associate member and the patient,
(b) touching, of sexual nature or in a sexual manner, of the patient by the member or associate member, and
(c) behaviour or remarks of a sexual nature by the member or associate member towards a patient,
but does not include touching, behaviour or remarks of a clinical nature appropriate to the service provided;
(m) by
repealing the definition "unfit member" and substituting the
following:
"unfit member" means a member or associate member who has demonstrated a lack of knowledge, skill or judgment, or disregard for the welfare of a patient, of a nature and extent making it desirable in the interests of the public or the member or associate member that he no longer be permitted to practise, or that his licence to practise be suspended or subjected to conditions, limitations or restrictions.
(n) by
moving the definition « registraire » in the French version to follow the
definition « professionnel de la santé »;
(o) in
the French version by striking out the period following the definition of «
registraire » and substituting a semicolon;
(p) in
the French version by striking out the semi-colon following the definition of «
réglementaire » and substituting a period.
2 Section 4 of the Act is repealed and the following substituted:
4 The words "duly qualified medical practitioner", "duly qualified practitioner", "legally qualified medical practitioner", "legally qualified physician", "physician" or any like words or expressions implying a person recognized by law as a medical practitioner or member or associate member of the medical profession in the Province, when used in any regulation, rule, order or by-law made under an Act of the Province enacted or made before, at or after the commencement of this Act, or when used in any public document, shall be read as including a person registered in the Medical Register or Medical Education Register under paragraph 32(3)(c).
3 Section 5 of the Act is amended
(a) by
repealing subsection (3) and substituting the following:
5(3) The objects of the College are
(a) to regulate the practice of medicine and to govern its members and associate members in accordance with this Act and the regulations,
(b) to establish, maintain and develop standards of knowledge and skill among its members and associate members,
(c) to establish, maintain and develop standards of qualification and practice for the practice of medicine,
(d) to establish, maintain and develop standards of professional ethics among its members and associate members,
(e) to administer this Part and perform such other duties and exercise such other powers as are imposed or conferred on the College by or under any Act, and
(f) such other objects relating to human health care as the Council considers desirable,
in order that the public interest may be served and protected.
(b) in
paragraph (4)(d) by striking out "and osteopathic professions" and
substituting "profession".
4 Section 7 of the Act is amended
(a) by
adding after paragraph (2)(p) the following:
(p.1) defining or establishing what constitutes "the costs of the Council" for purposes of this Act;
(b) by
repealing paragraph (2)(x) and substituting the following:
(x) respecting residential qualifications of applicants for registration as members and associate members;
(c) by
repealing paragraph (2)(y) and substituting the following:
(y) respecting the terms and conditions under which telemedicine may be practiced;
(d) by
repealing subsection (5) and substituting the following:
7(5) All the regulations of the College shall be available for inspection by any person, free of charge, at the head office of the College, at all reasonable times during business hours and will be posted on the College's website.
(e) by
repealing subsection (6) and substituting the following;
7(6) A certificate purporting to be signed by the Registrar stating that a certain regulation or provision of a regulation of the College was
(a) approved by the Minister of Health under section 7.1, or
(b) on a specified day or during a specified period, a regulation or provision of a regulation of the College in full force and effect,
constitutes prima facie evidence of the facts stated in the certificate in any proceeding under this Act or the regulations, or in any court, without proof that the person who signed the certificate is the Registrar, or that it is his signature.
(f) by
repealing subsection (11) and substituting the following:
7(11) Where a member or associate member appears at a meeting of Council, or at a meeting of a committee or board of the College or Council, relating to his alleged professional misconduct, incapacity or fitness to practise, subsections (9) and (10) apply to such meetings if the member or associate member consents.
5 Section 7.1 of the Act is repealed and the following substituted:
7.1(1) A regulation or provision of a regulation, or a regulation amending or replacing a regulation or provision of a regulation, made or enacted by the Council which
(a) provides for continuing medical education,
(b) establishes qualifications for registration of a person in the Medical Register, Medical Education Register, or the Physician Assistants Register, or
(c) deals with or related to conflict of interest,
is not effective until approved by the Minister of Health.
7.1(2) For the purposes of subsection (1), "conflict of interest" means a conflict of interest resulting from
(a) the member or associate member being a member of a board, committee or other body of the College, a hospital or government agency having decision making authority or acting in an advisory capacity with respect to matters that may benefit the member or associate member, directly or indirectly; in their practice of medicine;
(b) the member or associate member receiving a financial or other benefit from their direct or indirect ownership of an interest in a commercial enterprise that provides a product or service that may be prescribed or recommended by them for a patient or in their practice of medicine; or
(c) the member or associate member receiving a financial or other benefit, directly or indirectly, in circumstances that may conflict with their professional responsibilities as a member, associate member or in their practice of medicine.
7.1(3) This section does not apply to the repeal or replacement of a regulation or a provision of a regulation resulting from a consolidation of a regulation or regulations.
6 Subsection 19(3) of the French version of the Act is amended by striking out "secrétaire" and substituting "registraire".
7 The Act is amended by adding after subsection 21(2) the following:
21(2.1) During the President's absence or inability or refusal to act, the President's duties may be performed and his powers may be exercised by the Vice-President who shall also have such other authority and perform such other duties as may from time to time be prescribed by Council.
8 Subsection 21.1(6) of the Act is amended by striking out "immediate".
9 The Act is amended by adding after section 23 the following:
23.1 The Council may make regulations
(a) governing the persons or classes of persons who may be registered in the Medical Register;
(b) dividing the Medical Register into parts representing the classes of persons who may be registered therein;
(c) prescribing the qualifications required for registration in the Medical Register;
(d) providing for the suspension or revocation of any registration in the Medical Register;
(e) prescribing the duration of licences issued under section 23 and registrations in the Medical Register;
(f) prescribing the extent to which and terms and conditions under which persons registered in the Medical Register may engage in the practice of medicine; and
(g) prescribing by whom applications may be made under section 23, and the procedure on such applications.
10 Subsection 25(1) of the Act is amended
(a) by
repealing paragraph (a) and substituting the following:
(a) is a graduate of a medical, or osteopathic medical, school approved by Council;
(b) by
repealing paragraph (c) and substituting the following:
(c) if applicable, produces a certificate under the hand of the Registrar of the Medical Council of Canada, that his name appears in the Canadian Medical Register in pursuance of the Canada Medical Act, R.S.C. 1952, chapter 27;
11 Section 28.1 of the Act is repealed.
12 Section 29 of the Act is repealed.
13 Section 31 of the Act is amended
(a) by
repealing subsection (8) and substituting the following:
31(8) Where a professional corporation no longer qualifies under subsection (3), the Registrar may revoke the licence of the professional corporation.
(b) by
striking out "or osteopathy" in subsection (9).
14 The Act is amended by adding after section 32 the following:
32.1(1) The Council shall keep a register called the Physician Assistants Register in which shall be entered the name, address, and qualifications of all persons who are entitled under this Act to be registered therein.
32.1(2) The Council may make regulations
(a) governing the persons or classes of persons who may be registered in the Physician Assistants Register;
(b) dividing the Physician Assistants Register into parts representing the classes of persons who may be registered therein;
(c) prescribing the qualifications required for registration in the Physician Assistants Register;
(d) providing for the suspension or revocation of any registration in the Physician Assistants Register;
(e) prescribing the duration of licences issued under this section and registrations in the Physician Assistants Register;
(f) prescribing the extent to which and terms and conditions under which persons registered in the Physician Assistants Register may practice; and
(g) prescribing by whom applications may be made under this section, and the procedure on such applications.
32.1(3) The Council may direct the Registrar to enter in the Physician Assistants Register the name, address and qualifications of any person who is entitled to be so registered under the regulations.
15 Section 34 of the Act is repealed and the following substituted:
34 Where any person applies to be registered under this Act, they shall
(a) apply therefor in the prescribed manner,
(b) satisfy Council that he is the person named in any diploma or documentation submitted in support of such application,
(c) satisfy Council that he is of good character,
(d) provide such information as Council may require, and
(e) pay the prescribed fee.
16 Section 34.1 of the Act is repealed and the following substituted:
34.1(1) Notwithstanding anything in this Act, where a person applies to be registered under this Act, and the Registrar is satisfied that such person
(a) meets, in a manner that would be satisfactory to Council,
(i) the requirements for registration in the relevant register, and
(ii) the requirements of section 34; and
(b) has paid the prescribed fee,
the Registrar may, before the matter is brought to Council for its direction, enter the name, address and qualifications of the person in the relevant register and issue a licence to such person.
34.1(2) Every registration made and every licence issued pursuant to this section shall be valid and remain in full force and effect until ratified, varied or cancelled at the next following meeting of Council.
34.1(3) Where the registration or licence of a person is varied or cancelled pursuant to subsection (2), the Registrar shall give notice to such person forthwith in accordance with section 72, and the registration or licence of that person shall be deemed to be varied or cancelled as of the date of the decision of Council.
34.1(4) A person whose registration or licence has been varied or cancelled pursuant to subsection (2) may request a hearing before Council.
17 Section 34.2 of the Act is repealed and the following substituted:
34.2(1) Where the Registrar is not satisfied with the evidence presented by a person applying for registration, he may refer the matter to the Complaints and Registrations Committee, and shall refer it if the applicant requests in writing.
34.2(2) Upon a referral pursuant to subsection (1), the Complaints and Registrations Committee, in consultation with the Registrar, shall consider the eligibility of the application and may make such inquiries or demand such further information as the Committee sees fit, and the Committee shall report its findings and recommendations to Council.
34.2(3) Upon the Committee reporting to Council under subsection (2), Council shall consider the application.
18 The heading "LICENCE FEES" preceding section 35 is repealed.
19 Section 35 of the Act is repealed and the following substituted:
35(1) Every member and associate member shall pay to the Registrar, or such person as he may nominate,
(a) at the time that he is registered and
(b) on or before the first day of January in each year thereafter,
the prescribed annual fees.
35(2) Every member who is registered in the Medical Register shall pay to the New Brunswick Medical Society, or such person as it may nominate,
(a) within one month of the time that he is registered and
(b) on or before the first day of January in each year thereafter,
the annual membership fees of the New Brunswick Medical Society unless the Society has waived the member's obligation to pay the fee.
35(3) The licence and specialist's licence of any member or associate member who fails to pay annual fees as required by subsection (1) or (2), shall be suspended in accordance with the procedure prescribed by the regulations.
35(4) The Registrar shall forthwith notify in writing any person whose licence has been suspended under this section.
20 Section 36 of the Act is amended
(a) by
striking out "of a registered person" in subsection (1); and
(b) by
repealing subsection (2) and substituting the following:
36(2) Where a person referred to in subsection (1) satisfies the Registrar
(a) of his intention to practise medicine in the Province,
(b) as to his activities since the date of the suspension or expiry or lapsing of his licence,
(c) that he has maintained and possesses an appropriate level of medical skill and knowledge,
(d) as to his good standing in all jurisdictions in which he has practised medicine or osteopathy since the date of the suspension or expiry or lapsing of his licence, and
(e) that he has paid all fees or any other amounts owing to the College and such penalty as may be prescribed,
the Registrar may issue a licence to such person, and issue a specialist's licence to such person in the specialties in which he formerly held a specialist's licence.
21 The Act is amended by adding after section 38 the following:
38.1(1) Where a person has obtained a licence under this Act by oral or written misrepresentation, the Registrar, upon receipt of evidence of the misrepresentation, shall refer the matter to the Council and, if so directed by the Council, shall cancel the licence and notify the person in writing of the cancellation.
38.1(2) A person whose licence has been cancelled pursuant to subsection (1) may request a hearing before Council.
22 The heading "ANNUAL LIST" preceding section 39 of the Act is repealed and the following is substituted:
MEDICAL DIRECTORY
23 Section 39 of the Act is repealed and the following substituted:
39 The Registrar shall cause to be published, in a manner and at times directed by Council, a directory which shall include
(a) the names of members who hold a licence; and
(b) the names and specialties of members who hold a specialist's licence.
24 Section 40 of the Act is amended
(a) by
striking out "or osteopathic practitioner" in subsection (2); and
(b) by
repealing subsection (3).
25 Section 41 of the Act is repealed.
26 Section 42 of the Act is repealed.
27 Section 43 of the Act is repealed and the following substituted:
43(1) A person licensed under this Act who practices medicine in violation of any condition or limitation contained in his licence commits an offence.
43(2) A person who practices medicine
(a) while his licence is suspended or revoked, or
(b) without a licence,
commits an offence.
28 Subsection 44(1) of the Act is repealed and the following substituted:
44(1) A member or associate member of the College who leaves the Province and practises medicine on his return to the Province prior to providing the Registrar with a letter of good standing from all jurisdictions in which he had practised during such absence commits an offence.
29 Section 45 of the Act is amended
(a) by
repealing subsection (2) and substituting the following:
45(2) Except as provided in this Act and the regulations, no person, other than a Physician Assistant who holds a licence shall
(a) publicly or privately, for hire, gain, or hope of reward, practise or offer to practise as a Physician Assistant;
(b) hold himself out in any way to be entitled to practise as a Physician Assistant; or
(c) use any title or description implying or designed to lead the public to believe that he is entitled to practise as a Physician Assistant.
(b) by
repealing subsection (3) and substituting the following:
45(3) No person is entitled to receive a fee, reward or remuneration for
(a) professional services rendered to any person in the practise of medicine or
(b) any medicine or medical appliances supplied to any person in the practise of medicine,
unless licensed under this Act at the time the services were provided, or medicine or appliances were rendered.
30 Subsection 49(2) of the Act is amended by striking out "or osteopathy".
31 Section 51 of the Act is repealed and the following substituted:
51 Nothing in this Act applies to or prevents
(a) a physician or surgeon entitled to
practise medicine in any other province or country, from consulting in
(b) the practise of a physician, surgeon or Physician Assistant employed by the Government of Canada in course of his employment by that Government;
(c) the domestic administration of family remedies;
(d) the furnishing of first aid or emergency assistance in the case of emergency, if such aid or assistance is given without hire, gain, or hope of reward;
(e) the manufacture, fitting or selling of artificial limbs, or similar appliances;
(f) a person from carrying on any occupation, calling, or profession authorized by an Act of the Province.
32 Subsection 52.1(1) of the Act is repealed and the following substituted:
52.1(1) In this section,
"Court"
means The Court of Queen's Bench of
"patient records" includes all documents, charts, laboratory specimens, x-rays, photographic film, or any other form of record including video and sound recordings, and information recorded or stored by means of any device, including the device or equipment used to store or record the information relating to the patients of a member or associate member including financial and accounting records.
33 The heading "FAILURE TO REPORT SEXUAL ABUSE" preceding section 52.2 of the Act is repealed and the following is substituted:
FAILURE TO REPORT
34 Section 52.2 of the Act is repealed and the following substituted:
52.2(1) If a member or associate member, in the course of the practice of medicine, has reasonable grounds to believe that another health professional has sexually abused a patient or client of the health professional, the member or the associate member, the member or associate member shall file a report in writing with the governing body of the health professional within 21 days after the circumstances that gave rise to the reasonable grounds for the belief.
52.2(2) A member or associate member is not required to file a report pursuant to subsection (1) if the member does not know the name of the health professional who would be the subject of the report.
52.2(3) A report filed pursuant to subsection (1) shall contain the following information:
(a) the name of the member or associate member filing the report;
(b) the name of the health professional who is the subject of the report;
(c) information which the member or associate member has of the alleged sexual abuse; and
(d) subject to subsection (4), if the grounds for the member or associate member filing the report are with respect to a patient or client of the health professional who is the subject of the report, the name of the patient or client.
52.2(4) The name of a client or patient of a health professional who may have been sexually abused by the health professional shall not be included in a report filed pursuant to subsection (1) unless the client or the patient or, if the client or the patient is incapable, the client's or the patient's representative, consents in writing to the inclusion of the client's or patient's name in the report.
52.2(5) If a member or associate member is required to file a report under subsection (1) because of information obtained from the member's or associate member's patient, the member or associate member shall use their best efforts to advise the patient of their obligation prior to filing the report.
52.2(6) In this section, the definition of "sexual abuse", with the necessary modifications, applies in determining whether another health professional may have sexually abused a patient or client.
35 The Act is amended by adding after section 52.2 the following:
52.3(1) If a member or associate member has information concerning another member, associate member, or former member, from whatever source which suggests, if the information is true, that the other member, associate member, or former member, may be guilty of professional misconduct under this Act or the regulations, or may be incapacitated or unfit to practise under this Act or the regulations, the member or associate member shall report such information to the Registrar without delay.
52.3(2) This section does not apply to information received through an assessment conducted pursuant to section 62.1.
52.4(1) Following any action taken against a member or an associate member by any other licensing authority, by any healthcare institution, by any professional association, by any governmental agency, by any law enforcement agency, or by any court, for any act or conduct which could constitute professional misconduct under this Act or the regulations, or for any act or conduct which could lead to a finding under this Act or the regulations that the member or associate member is incapacitated or unfit to practise, the member or associate member shall report information regarding such action to the Registrar without delay.
52.4 (2) Following the commencement of any proceedings concerning or related to a member's or associate member's provision of medical services, the member or associate member shall report information regarding such action to the Registrar without delay.
36 Section 54 of the Act is repealed and the following substituted:
54(1) The College and the member or associate member whose conduct or fitness to practise is being investigated have the right to be represented by counsel on an inquiry by a Board of Inquiry, and on the hearing of any appeal.
54(2) For the purposes of this section, "counsel" means a member in good standing of the Law Society of New Brunswick.
37 Subsection 55(2) of the Act is repealed and the following substituted:
55(2) A judge of The Court of Queen's Bench of New Brunswick may, on the application of the College, the Council, the Registrar, the Complaints and Registration Committee, the Review Committee, a Board of Inquiry, a witness or any person having an interest in the proceedings other than a member or associate member under investigation, make an order directing that the identity of any person or witness, and any evidence that could disclose the identity of a person or witness, not to be published in any document or be broadcast in any manner.
38 Section 55.1 of the Act is repealed and the following substituted:
55.1 Every person involved in the administration of this Part, and any member of the Council, a Board of Inquiry, or a committee of Council or the College, shall maintain confidentiality with respect to all information that comes to his knowledge regarding patients, and with respect to all matters that come to his knowledge relating to a peer assessment pursuant to section 62.1 except,
(a) in connection with the administration of this Part, and the regulations or proceedings thereunder;
(b) to one's own legal counsel;
(c) as otherwise required by law;
(d) with the consent of the person to whom the information relates; or
(e) as may be authorized by the Council or the Registrar if disclosure is considered to be in the public interest.
39 Subsection 55.2(1) of the Act is repealed and the following substituted:
55.2(1) The Registrar, with the approval of the President of the College or the Executive Committee, or the Complaints and Registration Committee, may appoint one or more investigators to assist them in their investigation to determine if a member or associate member has committed an act of professional misconduct or the member or associate member is unfit to practise.
40 Subsection 55.2(2) of the Act is repealed and the following substituted:
55.2(2) An investigator appointed under subsection (1) may at any reasonable time, and upon producing proof of his or her appointment, enter and inspect the business premises of a member or associate member and examine anything found there that the investigator has reason to believe will provide evidence in respect of the matter being investigated.
41 Subsection 55.3(1) of the Act is repealed and the following substituted:
55.3(1) A judge of The Court of Queen's Bench of New Brunswick may, upon the ex parte application of the College, issue a warrant authorizing an investigator to enter and search a place, examine and seize and remove anything that is relevant to the investigation, if the judge is satisfied that the investigator has been properly appointed and there are reasonable grounds for believing that
(a) the member or associate member being investigated has committed an act of professional misconduct, is incompetent or incapacitated, and
(b) there is something relevant to the investigation at that place.
42 The Act is amended by adding after section 55.5 the following:
55.6 The Registrar, or his delegate, after giving written notice to the administration of the Regional Health Authority, may, for purposes of investigating the medical care provided to a patient by a physician,
(a) inspect and receive information from the medical records, or from notes, charts, and other material relating to patient care, reproduce and retain copies thereof; and
(b) interview hospital staff and medical staff with respect to the admission, treatment, care, conduct and control and discharge of patients, or any class of patients and the general management of the hospital insofar as it relates to the hospitalization of the patient or patients whose care and treatment are being investigated by the College.
55.7(1) If the Registrar, or his delegate, wishes to interview a member of the hospital staff or medical staff, the Registrar, or his delegate, as the case requires, shall give written notice to the administration of the Regional Health Authority of the subject matter of the interview and the identity, if known, of the person to be interviewed.
55.7(2) The administration of the Regional Health Authority who receives written notice under subsection (1) shall forthwith give written notice to each person who may be interviewed of the subject matter of the interview.
43 Section 56 of the Act is repealed and the following substituted:
56 A member or associate member may be found to be guilty of professional misconduct if
(a) he has pleaded guilty to an offence, or has been found guilty by a court of competent jurisdiction of an offence which, in the opinion of the Complaints and Registration Committee, the Review Committee, a Board of Inquiry or Council, relates to his suitability to practise medicine, notwithstanding that the member or associate member has been granted an absolute discharge or conditional discharge under the Criminal Code, R.S.C. 1985, chapter C-46, the Food and Drugs Act, R.S.C. 1985, chapter F-27, or the Controlled Drugs and Substances Act, S.C. 1996, chapter 19;
(b) his rights or privileges under the Food and Drugs Act, R.S.C. 1985, chapter F-27, the Controlled Drugs and Substances Act, S.C. 1996, chapter 19, or the regulations under such Act, have been restricted or withdrawn; or
(c) he has committed a breach of any provision of this Act or the regulations.
44 Section 56.1 of the Act is repealed and the following substituted:
56.1(1) Council or the Executive Committee may, without notice, direct the Registrar to suspend or impose conditions or restrictions on a member's or associate member's licence if it is of the opinion that such action is necessary in the public interest.
56.1(2) If a direction has been given under subsection (1), Council or the Executive Committee shall
(a) refer the matter immediately to the Complaints and Registration Committee, the Review Committee, or a Board of Inquiry;
(b) direct the Registrar to immediately advise the member or associate member of such action;
(c) direct the Registrar to immediately advise the Regional Health Authorities, the Minister of Health, as well as such other officials, agencies, and persons as the Council or Executive Committee feels it necessary to inform;
(d) where it considers it in the public interest to do so, may direct the Registrar to notify the public generally in regard to the matter.
56.1(3) Where direction is given under subsection (1), the member or associate member may, at any time, through written submission, request that the Council or Executive Committee reconsider or vary its order.
56.1(4) The conditions or restrictions on a member's or associate member's licence shall not be stayed by a court of competent jurisdiction unless the member or associate member establishes to the court a prima facie case that the public interest favours the granting, varying or staying the direction taken under subsection (1).
56.1(5) The direction under subsection (1) takes effect immediately and can not be stayed by any court of competent jurisdiction notwithstanding any appeal or application for judicial review of the direction.
45 Section 56.2 of the Act is repealed.
46 Section 57 of the Act is repealed and the following substituted:
57(1) The Council shall maintain a standing committee which shall be known as the Complaints and Registration Committee.
57(2) The Committee shall be composed of
(a) one member of Council who shall be chairman of the Committee;
(b) not less than two other members of the College; and
(c) not less than two other persons who have never been members of the College but may be members of Council.
57(3) The President may appoint a person
to replace a member of the Committee who is unable or unwilling to act with
respect to any matter referred to the Committee and this person shall replace
the member during all proceedings relating to the matter.
57(4) Three members of the Committee constitute a quorum for the transaction of the business of the Committee.
57(5) The Committee shall:
(a) within one hundred and twenty days of the College receiving notice of such, consider and investigate any matter, whether or not a written complaint has been received, regarding the actions or conduct of any member or associate member of the College; and
(b) perform such other duties as may be assigned to it by Council.
57(6) No action may be taken by the Committee under subsection (8) unless
(a) the member or associate member has been notified of the complaint and given at least two weeks to submit in writing to the Committee any explanations or representations he may wish to make concerning the matter; and
(b) the Committee has examined, or has made a reasonable effort to examine, all records and other documents relating to the complaint.
57(7) The Committee may order the member or associate member to
(a) submit to physical or mental examinations by such qualified persons as the Committee designates;
(b) submit to an inspection or audit of the practice of the member or associate member by such qualified persons as the Committee designates;
(c) submit to such examinations as the Committee directs to determine whether the member or associate member is competent to practise medicine;
(d) produce records and accounts kept with respect to the member's or associate member's practice.
57(7.1) Where the member or associate member fails to comply with any order under subsection (7), the Committee may suspend or restrict the licence of the member or associate member until the member or associate member complies.
57(7.2) No member, associate member or person shall conceal or withhold from the Committee or destroy anything that may be relevant to its investigation.
57(7.3) The provisions of this section require a member, associate member or person to produce documents or things notwithstanding any provision in any other Act or law relating to the confidentiality of medical, hospital or health records.
57(7.4) The Committee may require any other member or associate member to produce records with respect to the member or associate member.
57(7.5) Where a member or associate member fails to comply with subsection (7.4), the Committee may suspend or restrict the licence of that member or associate member until the member or associate member complies.
57(8) The Committee
(a) may recommend that no further action be taken;
(b) may at any time refer a complaint or complaints, in whole or in part, or any other allegations, issues or information that arose during the course of their investigation, to the Review Committee for the purposes of section 58, and the reference is deemed to be a complaint for all purposes of this Act;
(c) may recommend that the matter be referred, in whole or in part, to a Board of Inquiry for the purposes of section 59;
(c.1) may recommend that the member, or associate member, be cautioned, counseled, or censured; or
(d) may make any other recommendations it considers appropriate.
57(8.1) Where a matter is referred, in whole or in part, to the Review Committee pursuant to paragraph (8)(b), subsections (9), (10) and (11) do not apply to any such matter, or part of a matter which has been referred, but the Complaints and Registrations committee shall advise Council of the referral.
57(9) The Committee shall report its findings and recommendations in writing to Council.
57(10) Upon the Committee reporting to Council,
(a) Council may adopt the recommendations of the Committee, or may take such other action as Council considers appropriate; and
(b) the Registrar shall cause to be served upon the member, associate member and the complainant, a copy of the findings and recommendations of the Committee and the order of the Council.
57(11) Where the member, associate member or complainant is not satisfied with the order of the Council, other than an order that the matter be referred to the Review Committee or a Board of Inquiry, the matter shall be referred to the Review Committee if the member, associate member or complainant files a written statement with the Registrar within thirty days after service of the order of the Council.
57(12) Nothing precludes the Committee from reconsidering any findings or recommendation made by it, and the Committee may, on its own motion or on a request by the member, associate member or Council or any other person having an interest in the findings or recommendation, reconsider any findings or recommendation made by it and vary or revoke any findings or recommendation made by it.
47 Section 58 of the Act is repealed and the following substituted:
58(1) Council shall maintain a standing committee which shall be known as the Review Committee.
58(2) The Committee shall be composed of
(a) one member of Council who shall be Chairman of the Committee;
(b) not less than two other members of the College; and
(c) not less than one other person who has never been a member or the College but may be a member of Council.
58(3) The President may appoint a person to replace a member of the Committee who is unable or unwilling to act with respect to any matter referred to the Committee and this person shall replace the member during all proceedings relating to the matter.
58(4) Three members of the Committee constitute a quorum for the transaction of the business of the Committee.
58(5) The Committee shall:
(a) consider and investigate any matter, whether or not a written complaint has been received, referred from the Complaints and Registration Committee, Council, or from the Registrar regarding the actions or conduct of any member or associate member of the College; and
(b) perform such other duties as may be assigned to it by Council.
58(6) The Committee
(a) may make rules under which its investigation is to be held, and may do all things necessary to provide a full and proper investigation;
(b) shall consider the allegations, hear the evidence and ascertain the facts of each case in such manner as it deems fit; and
(c) may order the member or associate member to
(i) submit to physical or mental examinations by such qualified persons as the Committee designates;
(ii) submit to an inspection or audit of the practice of the member or associate member by such qualified persons as the Committee designates;
(iii) submit to such examinations as the Committee directs to determine whether the member or associate member is competent to practise medicine;
(iv) produce records and accounts kept with respect to the member's or associate member's practice.
58(7) Where the member or associate member fails to comply with any order under paragraph (6)(c), the Committee may suspend or restrict the licence of the member or associate member until the member or associate member complies.
58(8) No member, associate member or any other person shall conceal or withhold from the Committee or destroy anything that may be relevant to its investigation.
58(9) The provisions in this section require a member, associate member or any other person to produce documents or things notwithstanding any provision in any other Act or law relating to the confidentiality of medical, hospital or health records.
58(10) The Committee may require any other member or associate member to produce records with respect to the member or associate member.
58(11) Where a member or associate member fails to comply with subsection (10), the Committee may suspend or restrict the licence of that member or associate member until the member or associate member complies.
58(12) The Committee
(a) may recommend to Council that no further action be taken;
(a.1) may recommend to Council that the member or associate member be cautioned, counseled, or censured;
(b) may recommend to Council that a Board of Inquiry be appointed to consider the complaint or complaints, in whole or in part, or any other allegations, issues or information that arose during the course of their investigation, and the recommendation is deemed to be a complaint for all purposes of this Act; or
(c) subject to the member or associate member's agreement that the Committee has jurisdiction to do so, may find that the member or associate member is guilty of professional misconduct or is an incapacitated or unfit member or associate member and may make such recommendations to Council in regard to such as it considers appropriate, in accordance with the objects of this Act.
58(13) Upon the Committee reporting to Council, the Registrar shall cause to be served upon the member or associate member and the complainant, a copy of the findings and recommendations of the Committee.
58(14) Where the Committee has found a member or associate member to be guilty of professional misconduct or has found that a member or associate member is an incapacitated or unfit member, Council may, upon the expiry of thirty days after service of the findings and recommendations of the Committee, adopt the recommendations of the Committee, or may make such other order as Council considers just.
58(15) The Registrar shall cause to be served on the member or associated member, a copy of the order of Council.
58(16) The order of the Council has effect immediately on the service thereof on the member or associate member, or from such time as the order may direct, but The Court of Appeal of New Brunswick or any judge thereof may stay the order upon good cause being shown pending an appeal of the order, or such further hearing as may be ordered by The Court of Appeal of New Brunswick.
58(17) Nothing precludes the Committee from reconsidering any findings or recommendation made by it, and the Committee may, on its own motion or on a request by the member, associate member or Council or any other person having an interest in the findings or recommendation, reconsider any findings or recommendations made by it and vary or revoke any findings or recommendation made by it.
48 Section 59 of the Act is repealed and the following substituted:
59(1) Council may appoint a Board of Inquiry for the purposes of determining any allegations of professional misconduct by a member or an associate member, or any allegation that a member or associate member is an incapacitated or unfit member
(a) on its own motion; or
(b) when the Review Committee or Complaints and Registration Committee recommends that a matter be referred in whole or in part, to a Board of Inquiry.
59(2) A Board of Inquiry shall be composed of at least three persons
(a) at least two of whom are members or former members of the College or the profession, and
(b) at least one of whom has never been a member of the College or the profession.
59(3) The Council shall appoint one of the members of the Board of Inquiry to be Chairman.
59(4) A majority of the members of a Board of Inquiry constitute a quorum, one of whom shall be a person who has never been a member of the College or the profession.
59(4.1) Only members of a Board of Inquiry who were present throughout the hearing shall participate in the Board's decision.
59(5) A Board of Inquiry may make rules under which the inquiry is to be held, and may do all things necessary to provide a full and proper inquiry.
59(6) No member of a Board of Inquiry shall communicate outside the hearing, in relation to the subject matter of the hearing, with a party or the party's counsel or representative, a complainant or a witness unless the other party has been given notice of the subject matter or the communication and an opportunity to be present during the communication.
59(7) The testimony of witnesses shall be taken under oath or solemn affirmation which the Chairman of the Board of Inquiry is authorized to administer, and there shall be a full right to examine, cross-examine and re-examine witnesses.
59(8) Upon the application of
(a) any party to the inquiry,
(b) the Chairman of the Board of Inquiry, or
(c) counsel for the College, the Council or the Board of Inquiry,
and on payment of the fees prescribed by the Rules of Court, the Registrar of the College shall sign and issue a Summons to Witness for the purpose of procuring the attendance and evidence of witnesses before the Board of Inquiry.
59(9) The rules of evidence in an inquiry, and the proceeding and penalties in the case of a failure to appear to any Summons to Witness issued under this section shall be pursuant to the Rules of Court governing civil trials in The Court of Queen's Bench of New Brunswick.
59(10) Unless waived by the parties, the Board of Inquiry
(a) shall have the proceedings and the evidence taken, transcribed and certified by an official court reporter or other stenographer duly sworn for that purpose; or
(b) shall have the proceedings and the evidence recorded by a sound recording machine, and transcribed and certified by an official court reporter or a stenographer appointed by the Minister of Justice under subsection 4(1) of the Recording of Evidence by Sound Recording Machine Act.
59(10.1) For the purposes of subsection (10)
"official court reporter" means a court reporter appointed under the Court Reporters Act or a stenographer appointed under the Recording of Evidence by Sound Recording Machine Act;
"sound recording machine" means any device, machine or system approved by the Minister of Justice under the Recording of Evidence by Sound Recording Machine Act for the purpose of making a record of voice or other sound.
59(11) It is the duty of the member or associate member whose conduct or fitness to practise is being inquired into to appear at the inquiry, but in the event of non-attendance by such member or associate member, the Board of Inquiry upon proof by affidavit or statutory declaration of the service of the notice required by subsection (12), may proceed with the inquiry, and without further notice to such member or associate member, make a report of its findings and take such other action as it is authorized to take under this Act.
59(12) A notice of inquiry shall be served at least thirty days before the holding of the inquiry upon the member or associate member whose conduct or fitness to practise is being inquired into.
59(13) A notice of an inquiry shall state the subject matter of the inquiry and the time and place of the holding of the inquiry, and shall be signed by the Registrar, or the Chairman of the Board of Inquiry.
59(13.1) During the course of a hearing the Board of Inquiry may amend any minor defect or error in the notice of inquiry or complaint before the Board if the amendment is necessary to determine the merits of the allegations in the notice of inquiry or complaint.
59(14) A Board of Inquiry
(a) shall consider the allegations, hear the evidence and ascertain the facts of each case in such manner as it deems fit;
(b) may, at any time, make an order under subsection 59(14.6) or (14.8);
(c) shall determine whether, on the balance of probabilities, the member or associate member is guilty of professional misconduct, or is an incapacitated or unfit member;
(d) where it finds that the member or associate member is guilty of professional misconduct, may recommend to Council that
(i) the licence or specialist's licence, or both, of the member or associate member be revoked, and that his name be stricken from the registers in which it is entered;
(ii) the licence or specialist's licence, or both, of the member or associate member be suspended
(A) for a fixed period, or
(B) for an indefinite period until the occurrence of some specified future event;
(iii) conditions, limitations or restrictions be imposed on the licence or specialist's licence, or both, of the member or associate member;
(iv) the member or associate member be reprimanded;
(v) such fine as the Board of Inquiry considers appropriate to a maximum of ten thousand dollars be paid by the member or associate member to the College;
(vi) the imposition of a penalty be suspended for such period and upon such terms as the Board of Inquiry designates; or
(vii) the member or associate member pay the costs of the Council in accordance with paragraph (e.1) and section 60;
(e) where it finds that the member or associate member is an incapacitated or unfit member, may recommend to Council that
(i) the licence or specialist's licence, or both, of the member or associate member be revoked and that his name be stricken from the registers in which it is entered;
(ii) the licence or specialist's licence, or both, of the member or associate member be suspended
(A) for a fixed period, or
(B) for an indefinite period until the occurrence of some specified future event;
(iii) conditions, limitations or restrictions be imposed on the licence or specialist's licence, or both, of the member or associate member;
(iii.1) the final order of Council be suspended or postponed for such period and upon such terms as the Board considers appropriate;
(iv) that the member or associate member undergo such treatment or re-education as the Board considers necessary; or
(v) the member or associate member pay the costs of the Council in accordance with paragraph (e.1) and section 60;
(e.1) where it considers a complaint or complaints arising out of more than one incident, and finds that all of the complaints or incidents have not been proven, may recommend to Council that the member or associate member pay a portion of the costs of the Council in accordance with section 60 that the Board considers appropriate in the circumstances; and
(f) shall report its findings and recommendations in writing to Council.
59(14.1) If during the course of a hearing, the evidence shows that the member or associate member whose conduct is the subject of the hearing may be guilty of professional misconduct, or may be incapacitated or unfit to practise, for reasons different from or in addition to the subject matter of the hearing, the Board of Inquiry shall notify the member or associate member that it intends to consider the evidence and conduct and adjourn the hearing for any length of time that the Board considers sufficient to give the member or associate member an opportunity to respond to the new facts or subject matter of the hearing.
59(14.2) Subject to subsection (14.1), the Board of Inquiry may, for any reasons that may be revealed by the evidence, substitute the reasons for, or amend or add to, the complaint that it was appointed to hear and find a member or associate member guilty of professional misconduct or unfit to practise.
59(14.3) Evidence against a member or associate member is not admissible at a hearing of a Board of Inquiry unless the member or associate member is given, at least ten days before the hearing,
(a) in the case of documentary evidence, an opportunity to examine the documents;
(b) in the case of evidence of an expert, the identity of the expert and a copy of the expert's written report or, if there is no written report, a written summary of the evidence of the expert; and
(c) in the case of evidence of a witness, the identity of the witness and a written summary of the evidence of the witness.
59(14.4) Evidence on behalf of a member or associate member is not admissible at a hearing of a Board of Inquiry unless the College or its counsel is given, at least ten days before the hearing,
(a) in the case of documentary evidence, an opportunity to examine the documents;
(b) in the case of evidence of an expert, the identity of the expert and a copy of the expert's written report or, if there is no written report, a written summary of the evidence of the expert; and
(c) in the case of evidence of a witness, the identity of the witness, and a written summary of the evidence of the witness.
59(14.5) A Board of Inquiry may, in its discretion, allow the introduction of evidence that is or may be inadmissible under subsections (14.3) or (14.4) and may make the directions it considers necessary to ensure that the member or associate member or the College is not prejudiced.
59(14.6) The Board of Inquiry may require the member or associate member to
(a) submit to physical or mental examinations by such qualified persons as the Board of Inquiry designates;
(b) submit to an inspection or audit of the practice of the member or associate member by such qualified persons as the Board of Inquiry designates;
(c) submit to such examinations as the Board of Inquiry directs to determine whether the member or associate member is competent to practise medicine;
(d) produce records and account kept with respect to the member's or associate member's practice.
59(14.7) Where the member or associate member fails to comply with subsection (14.6), the Board of Inquiry may suspend or restrict the registration, licence, or specialist licence, or both, of the member or associate member until the member or associate member complies.
59(14.8) The Board of Inquiry may require any other member or associate member to produce records with respect to the member or associate member.
59(14.9) Where a member or associate member fails to comply with subsection (14.8), the Board of Inquiry may suspend or restrict the licence of that member or associate member until the member or associate member complies.
59(14.10) No member, associate member or any other person shall conceal or withhold from the Board of Inquiry or destroy anything that may be relevant to this investigation.
59(14.11) The provisions of this section require the member, associate member or other person to produce documents notwithstanding any provision in any other Act or law relating to the confidentiality of medical, hospital, or health records.
59(15) When making recommendations to Council pursuant to paragraphs (14)(d) or (e), the Board may recommend a fine or other penalty in lieu thereof, or any combination of the penalties which are set out therein, or the Board may make such other recommendations as it considers appropriate, in accordance with the objects of this Act.
59(15.1) Notwithstanding the death of a member of a Board of Inquiry, or his disability or inability to act with respect to a hearing in progress, such hearing may continue with the remaining members whose findings and recommendations shall constitute and be for all purposes the report of the Board, or if the taking of evidence has not commenced at the time when such member of the Board dies or becomes disabled or unable to continue to act, the Council may in its discretion appoint another member to take the place of such member or reconstitute the Board of Inquiry.
59(16) Upon the Board of Inquiry reporting its findings and recommendations to Council,
(a) the Registrar shall cause to be served on the member or associate member a copy of the report and recommendations of the Board; and
(b) Council may adopt the recommendations of the Board, or may make such other order as Council considers just.
59(17) The Registrar shall cause to be served on the member or associate member a copy of the order of the Council.
59(18) An order of the Council directing the Registrar to revoke, suspend or impose conditions or limitations on a member's or associate member's licence based on
(a) a decision of a Board of Inquiry finding the member or associate member guilty of professional misconduct or unfit to practise, or
(b) the member or associate member admitting that he is guilty of professional misconduct or that he is unfit to practise,
takes effect immediately notwithstanding any appeal or application for judicial review of the order or decision and continues in full force and effect until a court of competent and final jurisdiction has finally disposed of the matter.
59(19) A revocation or suspension of, or the imposition of conditions or limitations on, a member's licence, an associate member's licence or a specialist's licence takes effect immediately and shall not be stayed by a court of competent jurisdiction and shall continue until the matter is finally disposed of by a court of competent and final jurisdiction if the findings of the Board of Inquiry or the order of Council are appealed or are subject to judicial review unless the member establishes to the court a prima facie case that he would suffer irreparable harm and that the public interest favours granting the stay.
49 Section 59.1 of the Act is repealed and the following substituted:
59.1(1) A complainant, if any, may attend a hearing held pursuant to section 59 in its entirety, or in part, with or without counsel, and may make a written or oral submission, personally or through their counsel, to the Board of Inquiry.
59.1(2) A complainant attending a hearing held pursuant to section 59 shall not be considered a party to the hearing and they or their counsel shall not be permitted to call evidence or to examine or cross-examine witnesses.
50 The Act is amended by adding after section 59.1 the following:
59.2(1) Subject to subsection (2), a hearing shall be open to the public.
59.2(2) Council or a Board of Inquiry may make an order that the public, in whole or in part, be excluded from a hearing or any part of it if satisfied that
(a) matters involving public security may be disclosed;
(b) financial or personal or other matters may be disclosed at the hearing of such a nature that the harm created by disclosure would out weigh the desirability of adhering to the principle that hearings be open to the public; or
(c) the safety of a person may be jeopardized.
59.2(3) Where it thinks fit, Council or a Board of Inquiry may make orders it considers necessary to prevent the public disclosure of matters disclosed at a hearing, including orders prohibiting publication or broadcasting of those matters.
59.2(4) No order shall be made under subsection (3) that prevents the publication of anything that is contained in the register and available to the public.
59.2(5) A Board of Inquiry may make an order that the public be excluded from the part of a hearing dealing with a motion of an order pursuant to subsection (2).
59.2(6) A Board of Inquiry may make any order necessary to prevent the public disclosure of matters disclosed in the submissions relating to any motion described in subsection (5), including prohibiting the publication or broadcasting of those matters.
59.2(7) Council or a Board of Inquiry shall state its reasons for any order under this section and any such order and the reasons for it shall be made available to the public in writing.
59.3 Where Council or a Board of Inquiry makes an order pursuant to subsection 59.2(2) wholly or partly, because of the desirability of avoiding disclosure of matters in the interest of a person affected, subject to section 59.1,
(a) the Board shall allow the parties, the complainant, and their legal and personal representatives; and
(b) the Board may allow such other persons as it considers appropriate,
51 Section 60 of the Act is repealed and the following substituted:
60(1) When Council, after an inquiry by the Review Committee or a Board of Inquiry, orders
(a) that the licence or specialist's licence of a member or associate member be revoked or suspended,
(b) that conditions, limitations or restrictions be imposed on the licence or specialist's licence of a member or associate member, or
(c) that a member or associate member be reprimanded
Council shall assess the costs of the Council, and may order that the member or associate member pay the costs of the Council in whole or in part.
60(2) When a member or associate member is ordered to pay the costs of the Council, in whole or in part, under subsection (1), Council may make it a condition of the registration or licence of the member or associate member that such costs be paid forthwith, or at such time and on such terms as Council may fix.
60(3) The costs of the Council required to be paid under subsection (1) are a debt due to the College and if the costs of the Council are not paid by the member or associate member within the time specified by Council under subsection (2) the Registrar may file the order of Council with a Clerk of The Court of Queen's Bench of New Brunswick and when so filed payment of the costs of the Council as set out in the order of Council may be enforced as a judgment of The Court of Queen's Bench of New Brunswick.
52 Section 61 of the Act is amended
(a) by
repealing subsection (1) and substituting the following:
61(1) Any party to a proceeding before a Board of Inquiry, or the Review Committee may appeal on any point of law from
(a) the findings of the Board of Inquiry; or
(b) an order of Council
to The Court of Appeal of New Brunswick by giving notice of appeal within thirty days of the service of the order of Council, or within such further time as may be allowed by The Court of Appeal of New Brunswick or a judge thereof.
(b) in
subsection (2) by striking out "and upon any person at whose request the
Board of Inquiry was established".
53 Subsection 61.1(1) of the Act is repealed and the following substituted:
61.1(1) The Registrar shall give public notice of the imposition of the suspension or revocation of a member's licence or specialist's licence by Council as a result of proceedings before the Review Committee or a Board of Inquiry including notice to the Minister of Health and any Regional Health Authority at which the member or associate member held privileges and to any other employer of the member or associate member.
54 Section 62 of the Act is amended
(a) in
paragraph (1)(a) by striking out ", Regulated Licences Register or
Osteopathic Register".
(b) by
repealing subsection (2) and substituting the following:
62(2) Council, upon
(a) being satisfied as to the intention of such person to practise medicine in the Province of New Brunswick;
(b) being satisfied as to the activities of such person since the time of the order of Council;
(c) such person producing a letter of good standing from all jurisdictions in which he had practised medicine or osteopathy since the date of such order of Council and
(d) such person undergoing such clinical or other examinations as Council may designate,
may direct the Registrar
(e) to enter the name, address and qualifications of such person in the Medical Register;
(f) to issue a licence to such person; and
(g) to enter the name, address, qualifications and specialties of such person in the Medical Specialists Register, and to issue a specialists licence to him in any specialty in which he held a specialist's licence at the time of the order of Council under subsection 58(12) or subsection 59(16),
upon such terms and conditions as Council may direct.
55 Subsection 64(2) of the Act is amended by striking out "or osteopathy" wherever they appear.
56 Section 65 of the Act is repealed and the following substituted:
65(1) Nothing contained in this Act shall affect, modify or limit any law applicable to the confidential or ethical relationships between a medical practitioner and a person receiving the professional services of a medical practitioner.
65(2) The relationship between a professional corporation carrying on the practice of medicine and a person receiving the professional services of the corporation is subject to all applicable laws relating to the confidential and ethical relationship between a medical practitioner and his patient.
65(3) All rights and obligations pertaining to communications made to, or information received by, medical practitioners apply to the shareholders, directors, officers and employees of a professional corporation.
57 Section 69 of the Act is repealed and the following substituted:
69 No action or other proceeding for damages or any other remedy may be brought against the Licensing Authorities, Medical Societies or the Peer Assessment Committee, the Registrar, an officer or employee of the Licensing Authorities, Medical Societies or the Peer Assessment Committee, an Assessor, a member of a committee or subcommittee of the Licensing Authorities, Medical Societies or the Peer Assessment Committee, or a member of the Council or committee of Council, or of a Board of Inquiry
(a) for any act or failure to act, or any proceeding initiated or taken, in good faith under this Act, or in carrying out their duties or obligations as an officer, employee or member under this Act. or
(b) for any decision or order made or enforced in good faith under this Act.
58 Section 69.1 of the Act is repealed and the following substituted:
69.1 No action or other proceeding for damages or any other remedy may be brought against the Council, or any other person, including a member, who, in good faith, makes a complaint to the College, or provides such other report as may be required under this Act or the regulations
(a) that a member or associate member is guilty of professional misconduct; or
(b) that a member or associate member is unfit to practise.
59 Section 71.2 of the Act is repealed and the following substituted:
71.2(1) Every person employed, retained or appointed for the purpose of the administration of this Act, and every member of Council or a committee of the College shall not be compelled to give testimony in a legal proceeding with regard to matters that come to their knowledge in the course of their duties.
71.2(2) No record of a proceeding or investigation under this Act, no report, document or thing prepared for or statement given at a proceeding or in the course of an investigation under this Act, and no order or decision made in a proceeding under this Act, is admissible as evidence in a legal proceeding other than a proceeding under this Act.
71.2(3) In this section, "legal proceeding" means any civil proceeding, discovery, inquiry, proceeding before a tribunal, Board, Commission, inquest or arbitration, in which evidence may be given and includes an action or proceeding for the imposition of punishment by fine, penalty, or imprisonment for the violation of an act of the Province, but does not include any proceeding or hearing conducted pursuant to this Act or the regulations.
60 Schedule A of the Act is amended by striking out "or osteopathic".
61 Form B of the Act is repealed.