BILL 24
An Act to Amend An Act Respecting the New Brunswick Medical Society and the College of Physicians and Surgeons of New Brunswick
WHEREAS the College of Physicians and Surgeons of New Brunswick wishes to make certain amendments to the Medical Act to enhance its investigatory authority, to clarify certain licensing and registration categories, to provide for the ability of Physician Assistants to prescribe and to make other incidental amendments; and
WHEREAS the College of Physicians and Surgeons of New Brunswick prays that it be enacted as hereinafter set forth:
THEREFORE, Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
1 Section 7 of the French version 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 paragraph (2)j) and substituting the following:
j) concernant l’agrément des facultés de médecine et des écoles d’enseignement ostéopathique, et les examens préalables à l’immatriculation et à la délivrance du permis;
(b) in paragraph (2)k.1) by striking out “endemnisées” and substituting “indemnisées”.
2 Section 26 of the Act is repealed.
3 Section 32.1 of the Act is amended
(a) in paragraph (2)(f) by striking out “and” at the end of the paragraph;
(b) in paragraph (2)(g) by striking out the period at the end of the paragraph and substituting “; and”; and
(c) by adding after paragraph (2)(g) the following:
(h) respecting the prescribing authority of Physician Assistants.
4 Section 55.1 of the Act is repealed and the following is substituted: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 their knowledge regarding patients, and with respect to all matters that come to their 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;
(e) as may be authorized by the Council or the Registrar if disclosure is considered to be in the public interest; or
(f) to the Minister of Health where it appears to the Council or the Registrar that the information should be disclosed.
5 Section 55.6 of the Act is repealed and the following is substituted:
55.6 The Registrar, or his delegate, after giving written notice to the administration of the Regional Health Authority or to the Minister of Health, 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;
(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; and
(c) obtain information collected by the Minister of Health pursuant to the provisions of the Medical Services Payment Act pertaining to the practice of the member or associate member and with respect to any patient of the member or associate member.
6 Section 57 of the Act is amended
(a) by repealing paragraph (7)(d) and substituting the following:
(d) produce records and accounts kept with respect to the member’s or associate member’s practice including records, accounts and information submitted by the member or associate member to the Minister of Health under the Medical Services Payment Act.
(b) by repealing subsection (7.4) and substituting the following:
57(7.4) The Committee may require any other member or associate member to produce any records, documents and things in his or her possession or under his or her control that may be relevant to an investigation regarding the actions or conduct of a member or associate member of the College.
(c) by repealing paragraph (8)(c.1) and substituting the following:
(c.1) may recommend to Council that the member or associate member be counselled, cautioned or censured; or
7 Section 58 of the Act is amended
(a) by repealing subparagraph (6)(c)(iv) and substituting the following:
(iv) produce records and accounts kept with respect to the member’s or associate member’s practice including records, accounts and information submitted by the member or associate member to the Minister of Health under the Medical Services Payment Act.
(b) by repealing subsection (10) and substituting the following:
58(10) The Committee may require any other member or associate member to produce any records, documents and things in his or her possession or under his or her control that may be relevant to an investigation regarding the actions or conduct of a member or associate member of the College.
(c) by repealing paragraph (12)(a.1) and substituting the following:
(a.1) may recommend that the member or associate member be counselled, cautioned or censured;
8 Section 59 of the Act is amended
(a) by repealing paragraph (14.6)(d) and substituting the following:
(d) produce records and accounts kept with respect to the member’s or associate member’s practice including records, accounts and information submitted by the member or associate member to the Minister of Health under the Medical Services Payment Act.
(b) by repealing subsection (14.8) and substituting the following:
59(14.8) The Board of Inquiry may require any other member or associate member to produce any records, documents and things in his or her possession or under his or her control that may be relevant to an investigation regarding the actions or conduct of a member or associate member of the College.
9 Section 67 of the Act is repealed.
10 Section 81 of the Act is repealed.