CNLR 1113/96 - Medical Board Regulations under the Medical Act - Point in Time

Short title

1. These regulations may be cited as the Medical Board Regulations .

185/94 s1

Interpretation

2. (1) In these regulations

(a) "ACGME" means the Accreditation Council for Graduate Medical Education;

(b) "Act" means the Medical Act ;

(c) "application for a licence" or "applies for a licence" means an application for a full licence or for a provisional licence;

(d) "approved faculty or school of medicine" means a medical school

(i) accredited by the CACMS and the LCME, or

(ii) recognized by the World Health Organization and which has carried out a continuous medical education program for more than 10 years during which it offered and continues to offer a medical training program of at least 48 months duration;

(e) "CACMS" means the Committee for Accreditation of Canadian Medical Schools;

(f) "Category I school of medicine" means a school or faculty of medicine accredited by the CACMS and the LCME;

(g) "Category II school of medicine" means a school or faculty of medicine in the United Kingdom, the Republic of Ireland, Australia, New Zealand or South Africa;

(h) "Category III school of medicine" means a school or faculty of medicine in a country other than one designated in paragraphs (f) and (g) which is recognized by the World Health Organization and which has carried out a continuous medical education program for more than 10 years during which it offered and continues to offer a medical training program that is at least 48 months in duration;

(i) "CFPC" means the College of Family Physicians of Canada;

(j) "FMLAC" means the Federation of Medical Licensing Authorities of Canada;

(k) "former regulations" means the Medical Board Regulations in force immediately before the commencement of this paragraph;

(l) "full licence" means a licence issued under the Act to a person registered on the medical register and does not include a provisional licence;

(m) "LCME" means the Liaison Committee on Medical Education of the American Medical Association;

(n) " Memorial University " means the Memorial University of Newfoundland established under the Memorial University Act ;

(o) "primary care practice" means a general practice, family practice or other non specialist practice;

(p) "provisional licence" means a provisional licence referred to in section 22 of the Act and includes

(i) an extraordinary provisional licence referred to in subsections 5(7) and (8) for the purposes of those subsections only, and

(ii) a locum provisional licence referred to in section 6 for the purposes of that section only;

(q) "RCPSC" means the Royal College of Physicians and Surgeons of Canada; and

(r) "sponsor" means

(i) the Department of Health and Community Services of the government of the province,

(ii) the Faculty of Medicine of Memorial University,

(iii) the governing body of a recognized hospital or agency in the province acting upon the advice of, or after consultation with, the Medical Advisory Committee or other appropriate medical consultants to the hospital or agency seeking registration, or

(iv) a medical practitioner approved by the board under section 7.2.

(2) Where these regulations refer to training or a course, assessment, program, requirement, performance or examination to be undertaken, completed, met or obtained by a person, the board may determine if that training, course, assessment, program, requirement, performance or examination is satisfactory to it and unless otherwise stated in these regulations may determine if a person who has undertaken, completed or obtained training or a course, assessment, program, requirement, performance or examination has met a standard in that training, course, assessment, program, requirement, performance or examination which is acceptable to the board.

(3) An application for a licence under the Act and the regulations shall be in the form required by the board and where that application is not in the required form, the board may refuse that application until it is in that required form.

(4) For the purpose of the regulations, a certificate of good standing means a certificate of good standing or analogous document from the responsible officer of a medical body having jurisdiction in the place at which a person may have practised medicine or been registered to practice medicine, regarding the professional and practice standing of the person in the jurisdiction and including the information that is provided in accordance with the governing legislation and practice of the medical body.

(5) For the purposes of the regulations, good standing with the board means the determination by the board, based upon information disclosed or produced by or on behalf of a person at the time of his or her application for a licence or a licence renewal that the person has complied with all terms and conditions applicable to a licence held or previously held under the Act.

(6) For the purpose of being satisfied on licensing and renewal of licence that a medical practitioner has sufficient professional liability insurance coverage, the board may require the medical practitioner to provide his or her consent to the professional liability insurer to provide periodic confirmation to the board of continuing coverage during the period of licence.

1/98 s1; 48/99 s1; 28/00 s1

PART I
REGISTRATION AND LICENSING

Eligible graduates

3. (1) A graduate from an approved faculty or school of medicine may be registered by and issued a licence from the board provided that he or she meets the requirements of the Act and the regulations.

(2) The board may require proof that a person has completed final examinations of and has graduated from an approved faculty or school of medicine.

1/98 s1

Full registration and licence

4. (1) Registration and a full licence to practise medicine shall be granted to a person who applies for a licence and has

(a) a degree in medicine from an approved faculty or school of medicine;

(b) 2 or more years of postgraduate training and has

(i) been certified by the CFPC, or

(ii) been certified by the RCPSC, or

(iii) completed the 2 year residency training requirement of the CFPC and that training shall have met the program objectives in each of Surgery, Medicine, Pediatrics, Obstetrics/Gynaecology, Psychiatry and in either Family Practice or Emergency Medicine, or

(iv) completed 2 or more years of postgraduate training in programs affiliated with a CACMS and LCME accredited medical school, and

(A) those programs shall be accredited by the FMLAC, CFPC or the RCPSC in Canada or the ACGME in the United States of America , and

(B) the training shall include 1 year of training with 8 weeks in each of Surgery, Medicine, Pediatrics, Psychiatry, Obstetrics/Gynaecology and in either of Family Practice or Emergency Medicine plus a second year which includes 24 weeks of clinical rotations, or

(v) completed 4 years of postgraduate training and has fulfilled the training requirements of the RCPSC for eligibility to take the Certification Examination of the RCSPC;

(d) paid the required fees;

(e) satisfied the board that he or she has sufficient professional liability insurance coverage; and

(f) complied with and fulfilled the applicable requirements of sections 9 to 10.2,

and when the licence expires, that person shall fulfil the requirements for the renewal of a licence and for re-entry into a primary care or specialty care practice under the Act and the regulations.

(2) Notwithstanding subsection (1), registration and a full licence to practise medicine shall be granted to a person who applies for a licence and who

(a) graduated with a degree in medicine from an approved faculty or school of medicine in 1991 or earlier;

(b) had he or she made an application for a licence, would have been eligible for registration and full licence to practise medicine on December 31, 1992 ;

(d) has obtained the Licentiate of the Medical Council of Canada;

(e) has paid the required fees; and

(f) has complied with the applicable requirements of sections 9 to 10.2,

and when the licence expires, that person shall fulfil the requirements for the renewal of a licence and for re-entry into a primary care or specialty care practice under the Act and the regulations.

(3) Notwithstanding subsection (1), registration and a full licence to practise medicine shall be granted to a person who applies for a licence and

(a) graduated with a degree in medicine from a CACMS and LCME accredited school of medicine in 1992;

(b) has completed the rotating internship program required by the board or a Family Practice Training Program approved by the CFPC and that training shall meet the program objectives in each of Surgery, Medicine, Pediatrics, Psychiatry and Obstetrics/Gynaecology;

(d) has paid the required fees;

(e) has satisfied the board that he or she has sufficient professional liability insurance coverage; and

(f) has complied with and fulfilled the applicable requirements of sections 9 to 10.2,

and when the licence expires, that person shall fulfil the requirements for the renewal of a licence and for re-entry into primary care practice under the Act and the regulations.

(4) Notwithstanding subsection (1), registration and a full licence to practise medicine shall be granted to a person who applies for a licence and

(a) has a degree in medicine from an approved faculty or school of medicine;

(b) has or has previously held a provisional licence;

(c) has practised continuously with a provisional licence under the jurisdiction of the board for 3 years immediately before commencing the postgraduate training required under paragraph (e) or has practised continuously with a provisional licence for 3 years immediately before making an application for a licence and has completed the postgraduate training required by paragraph (e);

(d) has demonstrated, as a medical practitioner with a provisional licence, a clinical practice which is satisfactory to the board;

(e) has completed 2 years of post graduate training, one year of which was in a program accredited by the FMLAC, CFPC or the RCPSC in Canada or by the ACGME in the United States of America and which was affiliated with a CACMS and LCME accredited medical school and that training shall have

(i) included 8 week rotations in each of Surgery, Medicine, Pediatrics, Obstetrics/ Gynaecology, Psychiatry and in either of Family Practice or Emergency Medicine, or

(ii) been a family practice training program accredited by the CFPC and shall have met the objectives of that program in Surgery, Medicine, Pediatrics, Obstetrics/Gynaecology, Psychiatry and in either of Family Practice or Emergency Medicine;

(f) has obtained the Licentiate of the Medical Council of Canada;

(g) has paid the required fees;

(h) has satisfied the board that he or she has sufficient professional liability insurance coverage; and

(i) is in good standing with the board,

and when the licence expires, that person shall fulfil the requirements for the renewal of a licence and for re-entry into a primary care practice under the Act and the regulations.

(5) Notwithstanding subsection (1), registration and a full licence to practise medicine shall be granted to a person who applies for a licence and

(a) has a degree in medicine from an approved faculty or school of medicine;

(b) has a provisional licence;

(c) has practised continuously with a provisional licence under the jurisdiction of the board for 5 years immediately before making an application for registration and a full licence;

(d) has demonstrated, as a medical practitioner with a provisional licence, a clinical practice that is satisfactory to the board;

(e) has obtained the Licentiate of the Medical Council of Canada;

(f) has paid the required fees;

(g) has satisfied the board that he or she has sufficient professional liability insurance coverage; and

(h) is in good standing with the board,

and when the licence expires, that person shall fulfil the requirements for renewal of a licence and for re-entry into a primary care or specialty care practice under the Act and the regulations.

1/98 s1

Provisional licence

5. (1) A provisional licence for a primary care practice may be issued to a person who applies for a licence and has

(a) a degree in medicine from a CACMS and LCME accredited medical school;

(b) completed one year of postgraduate basic clinical training or has met the requirements of paragraph 4(1)(b);

(d) paid the required fees;

(e) satisfied the board that he or she has sufficient professional liability insurance coverage; and

(f) complied with the applicable requirements of sections 9 to 10.2,

and when the licence expires that person shall fulfil the requirements for the renewal of a licence and for re-entry into a primary care practice under the Act and the regulations.

(2) A provisional licence for primary care practice may be granted to a person who applies for a licence and

(a) has a degree in medicine from an approved faculty or school of medicine;

(b) has completed one year of postgraduate basic clinical training;

(i) satisfactorily completed the evaluating examination of the Medical Council of Canada, according to the standard in subsection (2.1), not more than 5 years immediately before the date of making the application for a licence, or

(ii) passed Part I of the qualifying examination of the Medical Council of Canada, or

(iii) been granted a degree in medicine from a medical school in the United Kingdom, Republic of Ireland, Australia, New Zealand or South Africa, or

(iv) completed one year of postgraduate basic clinical training in Canada, the United States of America, the United Kingdom, the Republic of Ireland, Australia, New Zealand or South Africa, or

(v) previously held a provisional licence from the board and has obtained an overall passing score in the evaluating examination of the Medical Council of Canada;

(d) has not taken and failed either Part I or Part II of the qualifying examination of the Medical Council of Canada more than once prior to making an application for a licence and if so, prior to making an application for a licence, has retaken and passed that part of the qualifying examination of the Medical Council of Canada which was failed;

(e) has been accepted for employment under a sponsor approved by the board;

(f) has paid the required fees;

(g) has

(i) in the opinion of the board, practised primary care without significant interruption in practice, or

(ii) a licence to practise medicine from a medical licensing authority of another province or territory of Canada, is currently engaged in a primary care practice in another province or territory of Canada, and has provided 2 letters of reference which are satisfactory to the board from physicians in Canada, or

(iii) if there has been an interruption in primary care practice for at least 12 months but not more than 24 consecutive months immediately before applying for a licence, passed Parts I and II of the qualifying examination of the medical council of Canada, or

(iv) if there has been a significant interruption in primary care practice completed a medical school affiliated training program in Canada or the United States ;

(h) has satisfied the board that he or she has sufficient professional liability insurance coverage; and

(i) has complied with the applicable requirements of sections 9 to 10.2 and

when that licence expires, that person shall fulfil the requirements for the renewal of a provisional licence and for re-entry into a primary care practice under the Act and the regulations.

(2.1) For the purposes of paragraph (2)(c), a person is considered to have satisfactorily completed the evaluating examination of the Medical Council of Canada,

(a) where he or she wrote that examination before May 1, 2002 , if he or she obtained

(i) a grade of not less than 60% in each of the Medicine, Obstetrics and Gynaecology, Pediatrics, Psychiatry and Surgery sections,

(ii) a grade of not less than 50% in the Preventive Medicine and Community Health section, and

(iii) an overall grade of not less than 60% for all sections of that examination; or

(b) where he or she wrote that examination on or after May 1, 2002 , if he or she obtained

(i) a score of not less than 373 in the Medicine section,

(ii) a score of not less than 379 in the Pediatrics section,

(iii) a score of not less than 359 in the Psychiatry section,

(iv) a score of not less than 380 in the Obstetrics and Gynaecology section,

(v) a score of not less than 388 in the Surgery section,

(vi) a score of not less than 376 in the Preventive Medicine and Community Health section, and

(vii) an overall score of not less than 382 for all sections of that examination.

(3) A medical practitioner who is issued a provisional licence for entry into a primary care practice shall obtain the Licentiate of the Medical Council of Canada within 3 years of the original issuance of a provisional licence.

(4) The board shall revoke the provisional licence of a medical practitioner who does not comply with subsection (3).

(5) Notwithstanding subsections (3) and (4), where a medical practitioner has passed Part I of the qualifying examinations of the Medical Council of Canada, but has not obtained the Licentiate of the Medical Council of Canada within 3 years after being issued a provisional licence and has not written one or more of the offered sittings of Part I and Part II of the qualifying examinations of the Medical Council of Canada for a reason considered to be acceptable by the board, the board may further renew his or her provisional licence, subject to the condition that he or she write and pass Part II of the qualifying examinations of the Medical Council of Canada at the first offered sitting of those examinations immediately after the expiry of that 3 year period.

(6) If a medical practitioner referred to in subsection (5) does not write and pass Part II of the qualifying examination of the Medical Council of Canada at the first offered sitting referred to in that subsection, the board shall revoke his or her provisional licence and that medical practitioner shall not apply for a provisional licence or for a renewal of a provisional licence except in accordance with subsection 10.3(6).

(7) Notwithstanding that a medical practitioner cannot comply with subsection (3), (5) or (6), the board may, in its discretion and on the terms, conditions and limitations that it considers necessary or desirable, issue to that medical practitioner, an extraordinary provisional licence where

(a) a sponsor has made a request, in writing, that that licence be issued because the medical practitioner's services cannot be readily replaced by the sponsor; and

(b) the request made under paragraph (a) is approved by the minister before being submitted to the board.

(8) An extraordinary provisional licence issued under subsection (7) may be issued for not more than 2 consecutive years.

(9) [Rep. by NLR 3/03 s1]

(10) [Rep. by NLR 3/03 s1]

(11) [Rep. by NLR 3/03 s1]

1/98 s1; 3/03 s1

Locum provisional licence

6. (1) The board may issue a provisional licence to be known as a locum provisional licence for a period and on terms and conditions that the board may establish, to a person who applies for a licence and

(a) has a degree in medicine from an approved faculty or school of medicine;

(b) has been accepted for employment under a sponsor approved by the board;

(d) has satisfied the board that he or she has sufficient professional liability insurance coverage;

(e) he or she will provide a locum service in the province; and

(f) he or she meets the requirements for a provisional licence under subsections 5(1) or (2) or section 7.

(2) Where a person has been issued a locum provisional licence under subsection (1), that licence shall not be issued for an aggregate period that is greater than 4 months in a year.

(3) A person who applies for a provisional licence under this section need not comply with subsections 5(3), (4), (5) and (6).

1/98 s1

Provisional licence for a specialty practice

7. (1) A provisional licence may be issued to a person who applies for a licence for entry into a sponsored practice in a specialty of medicine and has

(a) a degree in medicine from an approved faculty or school of medicine;

(b) completed 4 years of postgraduate training in the United States of America, the United Kingdom, the Republic of Ireland, Australia, New Zealand or the Republic of South Africa and as the board may require, has passed a specialist higher qualification examination administered by a medical authority responsible for specialist training in each of those countries; or

(c) completed 4 years of postgraduate training accepted by the RCPSC as providing eligibility to take a certification examination of the college; or

(d) completed 3 years of postgraduate training in one of the following areas, Internal Medicine, Pediatrics or Emergency Medicine, in the United States of America in a program accredited by the ACGME and acquired by examination board certification in the specialty from the appropriate American Board; or

(e) completed a period of postgraduate training in the United States of America, the United Kingdom, the Republic of Ireland, Australia, New Zealand or the Republic of South Africa and

(i) has completed and passed a specialist higher qualification examination acceptable to the board,

(ii) has been granted an academic appointment at the professorship level in a medical school in one of those countries, and

(iii) is recognized by the board as holding a full specialist or consultant status in the country where postgraduate training was completed.

(1.1) Notwithstanding subsection (1), a provisional licence may be issued to a person who applies for a licence for entry into a sponsored practice in anaesthesia, under the general practice/anaesthesia guidelines established by the board and has

(a) a degree in medicine from an approved faculty or school of medicine; and

(b) completed at least 12 months of postgraduate training in Canada , the United States of America , the United Kingdom , the Republic of Ireland , Australia , New Zealand or the Republic of South Africa .

(2) Notwithstanding subsections (1) and (1.1), a provisional licence to practise medicine may be issued to a person who meets the requirements of subsection (1) or (1.1) provided that he or she has

(a) been accepted for employment under a sponsor approved by the board;

(b) paid the required fees;

(d) complied with the applicable requirements of sections 9 to 10.2,

and when the licence expires, that person shall fulfil the requirements for the renewal of a provisional licence and for re-entry into a specialty care practice under the Act and the regulations.

1/98 s1; 28/00 s2

Sponsors undertaking required

7.1 (1) The board may require in connection with an application for a provisional licence or renewal of a provisional licence the undertaking of a sponsor to provide practice orientation and support and periodic performance reviews to the sponsored person and periodic reports to the board.

(2) An undertaking shall contain the terms and conditions that the board may require.

(3) A breach by a sponsor of an undertaking given under subsection (1) or (2) may be grounds for revocation of the provisional licence of the sponsored person.

28/00 s3

Conditions on approval as a sponsor

7.2 (1) The board may approve a medical practitioner as a sponsor for a person applying for a provisional licence where

(a) the sponsored person has obtained either the Licentiate of the Medical Council of Canada, or the equivalent in education, training and certification for the purpose of sponsorship satisfactory to the board;

(b) the sponsored person has practised medicine in one or more Canadian jurisdictions for a continuous period of at least one year immediately before making the application for a provisional licence;

(d) the medical practitioner is in good standing with the board;

(e) the hospital board for the locality where the sponsored person will primarily practice, acting upon the advice of or after consultation with the Medical Advisory Committee, advises the board that there is a community need which will be met by the proposed sponsorship;

(f) the medical practitioner gives his or her undertaking to provide practice orientation, monitoring, and support and periodic performance reviews to the sponsored person and periodic reports to the board on the terms and condition that the board may require;

(g) the medical practitioner has not breached an obligation as a sponsor under these regulations or an undertaking given as a sponsor to the board; and

(h) the requirements of paragraphs (a) to (g) continue to be met on an application to renew the provisional licence of the sponsored person.

(2) The board may revoke its approval of a medical practitioner as a sponsor and may revoke the provisional licence of the sponsored person where one or more of the requirements of paragraphs (1)(a) to (g) are not continuing to be met.

28/00 s3

Assessment and enhancement

8. (1) The board may issue a provisional licence to a person who applies for a licence and has

(a) applied for entry into a primary care practice, has not been in active practice for at least 12 months but not more than 24 consecutive months immediately before making that application and has not passed Parts I and II of the qualifying examinations of the Medical Council of Canada; or

(b) as determined by the board, had a significant interruption in primary care or specialty practice; or

(d) if applying for entry into a primary care practice, not satisfactorily met the requirements of paragraph 5(2)(c) but has obtained an overall passing score on the evaluating examination of the Medical Council of Canada; or

(e) if applying for entry into a primary care practice, not satisfactorily met the requirements of paragraph 5(2)(g),

and has otherwise met the requirements for a provisional licence, under the Act and the regulations, provided that he or she completes a clinical assessment in a medical school affiliated assessment program.

(2) The board may issue a provisional licence to a person who applies for a licence and who, in the opinion of the board, has not obtained a satisfactory performance in a clinical assessment in a medical school affiliated assessment program referred to in subsection (1) but has otherwise met the requirements for a provisional licence under the Act and the regulations provided that he or she completes a medical school affiliated clinical training program in Canada or the United States of America.

1/98 s1

Interrupted practice

9. The board may issue a full or a provisional licence to a person who applies for a licence where he or she has had an interruption in active primary care practice of 24 or more consecutive months but has otherwise met the requirements for a full or a provisional licence under the Act and the regulations provided that he or she has completed a medical school affiliated training program in Canada or the United States of America and provided that the required content of the medical school affiliated training program shall be determined by the board following a clinical assessment of that person in a medical school affiliated assessment program.

1/98 s1

Board not obligated

10. These regulations shall not be considered to have placed an obligation upon the board to establish or make available a medical school affiliated assessment or medical school affiliated training program.

1/98 s1

Certificate of good standing

10.1 (1) A person who applies for a licence shall provide to the board a certificate of good standing from each licensing authority under whose jurisdiction he or she has held a licence to practise medicine.

(2) A certificate of good standing from the jurisdiction in which an applicant last practised shall be dated not more than 6 weeks before making an application for a licence and all other certificates of good standing shall be dated not more than 6 months before making that application.

(3) A medical practitioner licensed with the board

(a) who has been practising medicine or performing a locum service in another jurisdiction for a continuous period of 8 weeks or more; or

(b) who has been practising medicine or performing locum services in another jurisdiction or jurisdictions intermittently for a cumulative period of 8 weeks or more within the preceding 12 months; and

shall provide to the Registrar a certificate of good standing for that period from the other jurisdiction or jurisdictions within 30 days of his or her return to the province.

(4) Notwithstanding subsection 10.1(3), where the registrar is advised by a medical practitioner that he or she will be practising medicine or performing locum services in another jurisdiction intermittently throughout a licence year, the registrar may permit that medical practitioner to comply with subsection 10.1(3) by providing certificates of good standing for the other jurisdiction for the periods ending June 1 and November 1 in that licence year within 30 days of the respective end date.

(5) Notwithstanding the requirements to provide a certificate of good standing within a 30 day period required by subsections (3) and (4), the registrar may in his or her discretion extend this time period where the registrar is satisfied that the medical practitioner has not provided the certificate of good standing due to inadvertence or for a cause not within the control of the medical practitioner.

(6) Where it appears that a medical practitioner licensed with the board has or may have practised medicine or performed a locum service in another jurisdiction or jurisdictions for a continuous period of 8 weeks or more or for a cumulative period of 8 weeks or more within the preceding 12 months, and no certificate of good standing from the other jurisdiction or jurisdictions or explanation satisfactory to the registrar has been provided, the registrar may inquire of that medical practitioner and of the medical body having jurisdiction regarding the professional and practice standing of the medical practitioner in that jurisdiction.

(7) Where the board is satisfied that a person has been unable to obtain a certificate of good standing under the requirements of subsection (1), (2), or (3), for a cause not within the control of the person, the board may waive the requirement for those certificates.

(8) The failure of a medical practitioner to provide a certificate of good standing as required under these regulations may be considered as grounds for denying an application for renewal of licence and, upon the board being satisfied that the failure was wilful and without reasonable excuse, as professional misconduct.

(9) In addition to a certificate of good standing, the board may require recommendations from appropriate authorities in another jurisdiction where the applicant has practised medicine and may require references which are acceptable to the board from not fewer than 3 physicians in that other jurisdiction.

1/98 s1; 48/99 s2

Language

10.2 (1) A person who applies for a licence whose first language is not English shall demonstrate to the board a reasonable fluency in the English language.

(2) Documents forwarded to the board under these regulations shall be in English or presented with an English translation made by a person who is acceptable to the board.

1/98 s1

Expiry and renewal

10.3 (1) A full licence shall expire annually on January 15 and a provisional licence shall expire on the date specified in the conditions of that licence or under these regulations.

(2) The full licence of a medical practitioner shall be renewed by the board provided that the medical practitioner

(a) is in good standing with the board;

(b) has submitted an application for the renewal of the full licence;

(d) has satisfied the board that he or she has sufficient professional liability insurance coverage; and

(e) in the year immediately before making an application for the renewal of his or her licence, held a full licence and was in active clinical practice or was exempted from active clinical practice under subsection 10.4(2).

(3) The provisional licence of a medical practitioner may be renewed by the board provided that the medical practitioner

(a) is in good standing with the board;

(b) has submitted an application for the renewal of the provisional licence;

(d) has satisfied the board that he or she has sufficient professional liability insurance coverage;

(e) was employed under a sponsor approved by the board within 3 months immediately before making that application;

(f) has complied with section 10.1 with respect to a period during which that person did not have a licence under the Act and the regulations;

(g) has, at the time of making that application, been accepted for employment under a sponsor approved by the board; and

(h) has

(i) if originally issued a provisional licence for entry into a primary care practice on or after October 1, 1994 but before the commencement of this section, complied with subsection 6(4) of the former regulations, or

(ii) complied with subsection 5(3).

(4) Where a full licence issued to a medical practitioner expires and is not renewed or may not be renewed under subsection (2), the board may renew that licence provided that the medical practitioner

(a) is in good standing with the board;

(b) has submitted an application for the renewal of the full licence;

(d) has satisfied the board that he or she has sufficient professional liability insurance coverage;

(e) has complied with section 10.1 with respect to a period during which that person did not have a licence; and

(f) complies with subsections 10.4 (4) or (5).

(5) Where a provisional licence issued to a medical practitioner is not renewed or may not be renewed under subsection (3), the board may renew that licence provided that the medical practitioner

(a) is in good standing with the board;

(b) has submitted an application for the renewal of the full licence;

(d) has satisfied the board that he or she has sufficient professional liability insurance coverage;

(e) has complied with section 10.1 with respect to a period during which he or she did not have a licence under the Act;

(f) has, at the time of making the application, been accepted for employment under a sponsor approved by the board;

(g) has complied with subsection 5(1) or (2) or section 7, 8 or 9; and

(h) has

(i) if originally issued a provisional licence for a primary care practice on or after October 1, 1994 but before the commencement of this section, complied with subsection 6(4) of the former regulations, or

(ii) complied with subsection 5(3).

(6) Where a provisional licence issued to a medical practitioner is revoked under subsection 5(4), the board may renew that licence provided that the medical practitioner

(a) is in good standing with the board;

(b) has submitted an application for the renewal of the provisional licence;

(d) has satisfied the board that he or she has sufficient professional liability insurance coverage;

(e) has complied with section 10.1 with respect to a period during which he or she did not have a licence;

(f) has been accepted at the time of making that application for employment under a sponsor approved by the board;

(g) has complied with subsection 5(1) or (2) or section 7, 8 or 9; and

(h) has passed Parts I and II of the qualifying examination of the Medical Council of Canada.

1/98 s1

Medical practice inactivity

10.4 (1) A medical practitioner who has not been in active clinical practice for 24 or more consecutive months and who applies for a licence is not eligible for a renewal of a licence.

(2) The board may exempt from subsection (1) a retired or totally disabled medical practitioner or a medical practitioner employed in an administrative or academic position.

(3) A medical practitioner who has been exempted from subsection (1) under subsection (2) who intends to re-enter a primary care or specialty practice shall first fulfil the requirements of subsection (4).

(4) A medical practitioner registered with the board who has not been in active clinical practice for a period of 24 months or more and who applies for a licence to re-enter a primary care or specialty practice shall complete re-entry training in a program acceptable to the board, the content and duration of which shall be determined by the board following an assessment of that medical practitioner.

(5) A medical practitioner who has for 24 months or more been in specialty practice or training or has been practising public health or occupational medicine and who intends to enter a primary care practice, shall, before commencing that primary care practice, complete retraining in a program acceptable to the board and the content and duration of that program shall be determined by the board following an assessment of that medical practitioner.

1/98 s1

Temporary licence

10.5 (1) The board may issue to a person a registration and temporary full licence or a temporary provisional licence for a period and on terms and conditions that may be established by the board for each person who applies for a licence, provided that the person

(a) has a degree in medicine from an approved faculty or school of medicine;

(b) has been certified by the RCPSC;

(d) has satisfied the board that he or she has sufficient professional liability insurance coverage;

(e) is sponsored by a hospital for the purpose of providing or maintaining a unique provincial specialist medical service; and

(f) has otherwise complied with and fulfilled all the requirements for either registration and a full licence or provisional licence under the Act and the regulations.

(2) Where a medical practitioner has been granted registration and issued a temporary full licence or a temporary provisional licence under subsection (1), the period of temporary licence shall not exceed 30 days.

1/98 s1

PART II
CERTIFICATES OF POSTGRADUATE CLINICAL TRAINING

Certificates of postgraduate clinical training

11. (1) Certificates of postgraduate clinical training leading to a Licentiate of the Medical Council of Canada, may be granted to graduates of Category I, II or III schools of medicine who have obtained

(a) a Certificate of Rotating Internship satisfactory to the board in a hospital approved by the Committee on Approval of Pre-registration Physician Training Programs in Canada or an approved Liaison Committee on Medical Education university affiliated hospital in the United States or territories under its jurisdiction;

(b) completion of a family practice residency of 2 or more years where the program has been accredited and approved by the College of Family Physicians of Canada or by an acceptable accreditation body in the United States or territories under its jurisdiction; or

(2) Graduates of Category III schools of medicine must have 2 years of postgraduate clinical training approved by the board in order to qualify under paragraph (1)(a).

(3) The board may accept a straight internship in place of a rotating internship for graduates of Canadian medical schools who graduated before 1980 and who have completed a clinical clerkship.

(4) All or part of postgraduate training undertaken by graduates of Category II schools of medicine may be accepted by the board for the purpose of granting a Certificate of Postgraduate Clinical Training leading to a Licentiate of the Medical Council of Canada provided the training is obtained in a Category I or Category II university affiliated teaching hospital.

(5) Notwithstanding another provision of this section, a Certificate of Postgraduate Clinical Training leading to a Licentiate of the Medical Council of Canada may be granted to graduates of schools of medicine who are currently licensed to practise medicine in the province and who have passed the qualifying examination of the Medical Council of Canada in 1991 or earlier.

185/94 s10

PART III
SPECIALIST REGISTRATION

Specialist registration

12. Specialist registration shall be granted by the board to licensed graduates of an approved faculty or school of medicine who hold a specialist qualification from the Royal College of Physicians and Surgeons of Canada.

185/94 s11

Temporary specialist registration

13. (1) Temporary specialist registration may be granted by the board at the request of a sponsor to licensed graduates of an approved faculty or school of medicine who have completed a course of training which has been accepted by the Royal College of Physicians and Surgeons of Canada as being adequate for admission to examination for certification in a specialty of medicine.

(2) The licensed physician who is granted temporary specialist registration, shall sit the examinations of the Royal College of Physicians and Surgeons of Canada referred to in subsection (1) at the first opportunity.

(3) Temporary specialist registration shall continue until the results of the examinations referred to in subsection (2) are announced.

(4) A physician who does not successfully complete the examinations referred to in subsection (2) for specialist qualification, shall be removed from temporary specialist registration.

(5) The board, at its discretion, may extend temporary specialist registration if the physician, for reasons acceptable to the board, is unable to sit the Royal College of Physicians and Surgeons of Canada examinations at the first opportunity.

(6) The board may grant temporary specialist registration to a licensed physician on one occasion only for a period of 90 days if the board is satisfied that the qualifications and experience of that person in the practice of medicine warrants that registration.

185/94 s12

PART IV
EDUCATIONAL REGISTER

Educational register

14. (1) A person enrolled as an undergraduate student in the school of medicine of Memorial University of Newfoundland may have his or her name entered upon the educational register of the board, provided the board is in receipt of the written notification from the Dean of Medicine of Memorial University of Newfoundland of the name and address of the person, confirming his or her enrolment as an undergraduate student in the school of medicine of Memorial University of Newfoundland, and recommending that his or her name be entered upon the educational register.

(2) A graduate of the school of medicine of Memorial University of Newfoundland or of a school or faculty of medicine accredited by the CACMS and the LCME, engaged in postgraduate work at a hospital affiliated with the school of medicine of Memorial University of Newfoundland may have his or her name entered upon the educational register of the board, provided

(a) the board is in receipt of written notification from the Dean of Medicine of Memorial University of Newfoundland or his or her delegate of the persons enrolment in a postgraduate training program at the school of medicine of Memorial University of Newfoundland;

(b) the board is in receipt of the persons completed application for registration;

(d) the board is in receipt of a satisfactory copy or other satisfactory proof of the persons degree in medicine; and

(e) the board is in receipt of a certificate of good standing from each licensing authority under whose jurisdiction the person has held a licence or been registered to practice medicine.

(3) A graduate of a school or faculty of medicine in the United Kingdom , the Republic of Ireland , Australia , New Zealand , or South Africa , engaged in postgraduate work at a hospital affiliated with the school of medicine of Memorial University of Newfoundland may have his or her name entered upon the educational register of the board, provided

(b) the board is in receipt of the persons completed application for registration;

(d) the board is in receipt of a satisfactory copy or other satisfactory proof of the persons degree in medicine; and

(e) the board is in receipt of a certificate of good standing from each licensing authority under whose jurisdiction the person has held a licence or been registered to practice medicine.

(4) A graduate of an approved faculty or school of medicine other than one referred to in subsection (2) or (3) engaged in postgraduate work at a hospital affiliated with the school of medicine of Memorial University of Newfoundland may have his or her name entered upon the educational register of the board, provided

(b) the board is in receipt of the persons completed application for registration;

(d) the board is in receipt of a satisfactory copy or other satisfactory proof of the persons degree in medicine;

(e) the board is in receipt of a certificate of good standing from each licensing authority under whose jurisdiction the person has held a licence or been registered to practice medicine;

(f) a person whose first language is not English demonstrates to the board a reasonable fluency in the English language; and

(g) the person has

(i) satisfactorily completed the evaluating examination of the Medical Council of Canada not more than 5 years immediately before the date of making the application for registration,

(ii) passed Part I of the qualifying examination of the Medical Council of Canada,

(iii) completed one year of postgraduate basic clinical training in Canada, the United States of America, the United Kingdom, the Republic of Ireland, Australia, New Zealand or South Africa, or

(iv) held immediately before making application for registration a provisional licence from the board and has satisfactorily completed the evaluating examination of the Medical Council of Canada.

(5) A graduate of an approved faculty or school of medicine, who

(a) has his or her name entered on the educational register or equivalent of a medical licensing authority of another province of Canada ; and

(b) who is enrolled in a postgraduate training program at the school of medicine of Memorial University of Newfoundland

may have his or her name entered upon the educational register of the board, provided

(c) the board is in receipt of written notification from the Dean of Medicine of Memorial University of Newfoundland or his or her delegate of the persons enrolment in a postgraduate training program at the school of medicine of Memorial University of Newfoundland;

(d) the board is in receipt of the persons completed application for registration;

(e) the person has paid the prescribed fees;

(f) the board is in receipt of a satisfactory copy or other satisfactory proof of the persons degree in medicine; and

(g) the board is in receipt of a certificate of good standing from each licensing authority under whose jurisdiction the person has held a licence or been registered to practice medicine.

(6) A graduate of an approved faculty or school of medicine who

(a) is required to enter into a clinical assessment in a medical school affiliated assessment program under subsections 8(1) and (2), section 9 or subsection 10.4(4); and

(b) is required to complete a training program at the school of medicine of Memorial University of Newfoundland, the content, duration and level of clinical responsibility of which shall be determined by the board,

may have his or her name entered upon the educational register of the board, provided

(c) the board is in receipt of written notification from the Dean of Medicine of Memorial University of Newfoundland or his or her delegate of the persons enrolment in the training program referred to in paragraph (b);

(d) the board is in receipt of the persons completed application for registration;

(e) the person has paid the prescribed fees;

(f) the board is in receipt of a satisfactory copy or other satisfactory proof of the persons degree in medicine;

(g) the board is in receipt of a certificate of good standing from each licensing authority under whose jurisdiction the person has held a licence or been registered to practice medicine;

(h) a person whose first language is not English demonstrates to the board a reasonable fluency in the English language;

(i) the person has completed one year of postgraduate basic clinical training; and

(j) the person has

(i) satisfactorily completed the evaluating examination of the Medical Council of Canada not more than 5 years immediately before the date of making the application for a registration, or

(ii) passed Part I of the qualifying examination of the Medical Council of Canada, or

(iii) completed one year of postgraduate basic clinical training in Canada, the United States of America, the United Kingdom, the Republic of Ireland, Australia, New Zealand or South Africa, or

(iv) held immediately before making application for registration a provisional licence from the board and has satisfactorily completed the evaluating examination of the Medical Council of Canada.

(7) A graduate of an approved faculty or school of medicine who has been out of active clinical practice for a period of three years or more, who

(a) has been accepted into a postgraduate training program at the school of medicine of Memorial University of Newfoundland; and

(b) prior to participating in the accredited postgraduate training program, is required by the board to satisfactorily complete an assessment program at an undergraduate level, the content and duration of which shall be determined by the board,

may have his or her name entered upon the educational register of the board for the purpose of entering that assessment program, provided

(c) the board is in receipt of written notification from the Dean of Medicine of Memorial University of Newfoundland or his or her delegate of the persons enrolment in the postgraduate training program;

(d) the board is in receipt of the persons completed application for registration;

(e) the person has paid the prescribed fees;

(f) the board is in receipt of a satisfactory copy or other satisfactory proof of the persons degree in medicine;

(g) the board is in receipt of a certificate of good standing from each licensing authority under whose jurisdiction the person has held a licence or been registered to practice medicine;

(h) a person whose first language is not English demonstrates to the board a reasonable fluency in the English language; and

(i) the person has

(i) satisfactorily completed the evaluating examination of the Medical Council of Canada not more than 5 years immediately before the date of making the application for a registration,

(ii) passed Part I of the qualifying examination of the Medical Council of Canada,

(iii) completed one year of postgraduate basic clinical training in Canada, the United States of America, the United Kingdom, the Republic of Ireland, Australia, New Zealand or South Africa, or

(iv) held immediately before making application for registration a provisional licence from the board and has satisfactorily completed the evaluating examination of the Medical Council of Canada.

(8) A graduate of an approved faculty or school of medicine who has been out of active clinical practice for a period of three years or more, who

(a) has been accepted into a clinical training program at the school of medicine of Memorial University of Newfoundland; and

(b) as a component of the clinical training program, is required by the board to satisfactorily complete an assessment program at an undergraduate level, the content and duration of which shall be determined by the board,

may have his or her name entered upon the educational register of the board for the purpose of entering the assessment program, provided

(c) the board is in receipt of written notification from the Dean of Medicine of Memorial University of Newfoundland or his or her delegate of the persons enrolment in the clinical training program;

(d) the board is in receipt of the persons completed application for registration;

(e) the person has paid the prescribed fees;

(f) the board is in receipt of a satisfactory copy or other satisfactory proof of the persons degree in medicine;

(g) the board is in receipt of a certificate of good standing from each licensing authority under whose jurisdiction the person has held a licence or been registered to practice medicine;

(h) a person whose first language is not English demonstrates to the board a reasonable fluency in the English language;

(i) the person has completed one year of postgraduate basic clinical training; and

(j) the person has

(i) satisfactorily completed the evaluating examination of the Medical Council of Canada not more than 5 years immediately before the date of making the application for a registration,

(ii) passed Part I of the qualifying examination of the Medical Council of Canada,

(iii) completed one year of postgraduate basic clinical training in Canada, the United States of America, the United Kingdom, the Republic of Ireland, Australia, New Zealand or South Africa; or

(iv) held immediately before making application for registration a provisional licence from the board and has satisfactorily completed the evaluating examination of the Medical Council of Canada.

(9) A person whose name has been entered on the education register under subsection (7) or (8) for the purpose of entering the assessment program at an undergraduate level shall only have his or her name entered on the educational register for the purpose of entering the postgraduate training program referred to in paragraph (7)(a) or the clinical training program referred to in paragraph (8)(a) upon satisfactory completion of the assessment program.

(10) A graduate of an approved faculty or school of medicine who has been out of active clinical practice for a period of three years or more, who

(a) has been accepted into a clinical training program at the school of medicine of Memorial University of Newfoundland; and

(b) has passed Part I and Part II of the Medical Council of Canada qualifying examinations within the preceding 2 years,

may have his or her name entered upon the educational register of the board for the purpose of entering the clinical training program, provided

(c) the board is in receipt of written notification from the Dean of Medicine of Memorial University of Newfoundland or his or her delegate of the persons enrolment in the clinical training program;

(d) the board is in receipt of the persons completed application for registration;

(e) the person has paid the prescribed fees;

(f) the board is in receipt of a satisfactory copy or other satisfactory proof of the persons degree in medicine;

(g) the board is in receipt of a certificate of good standing from each licensing authority under whose jurisdiction the person has held a licence or been registered to practice medicine;

(h) a person whose first language is not English demonstrates to the board a reasonable fluency in the English language; and

(i) the person has completed one year of postgraduate basic clinical training.

(11) A person entered in the educational register under subsection (1), (2), (3), (4), (5), (6) , (7), (8), (9) or (10)

(a) shall carry out only those duties and perform only those procedures that are assigned to the person by and under the supervision of a medical practitioner licensed by the board, and only in relation to the undergraduate training program, postgraduate training program or other training or assessment program in which the person is enrolled and of which the board has been notified under this section;

(b) shall not issue or sign prescriptions, certificates, statements or other documents which the Act restricts to persons holding a licence under the Act; and

(c) shall only be entered on the educational register for the duration of his or her enrolment in the undergraduate training program, postgraduate training program or other training or assessment program of which the board has been notified under this section.

(12) A medical practitioner who holds a full licence and who is enrolled in postgraduate training program at Memorial University of Newfoundland may have his or her name entered upon the educational register of the board, provided

(a) the board is in receipt of written notification from the Dean of Medicine of Memorial University of Newfoundland or his or her delegate in postgraduate training program;

(b) the board is in receipt of the practitioners completed application for registration;

(d) the practitioner, in relation to the postgraduate training program only, shall carry out only those duties and perform only those procedures that are assigned to him or her by and under the supervision of a medical practitioner responsible for supervising that postgraduate training program; and

(e) the practitioner shall only be entered on the educational register for the duration of his or her enrolment in the postgraduate training program of which the board has been notified under this subsection.

(13) A graduate of an approved faculty or school of medicine who is enrolled in a postgraduate training program at the school of medicine of Memorial University of Newfoundland and who has satisfactorily completed one year of postgraduate training acceptable to the board, may be issued a postgraduate prescribing provisional licence, at the written request to the board of the Dean of Medicine of Memorial University of Newfoundland or his or her delegate, for the sole and limited purpose of issuing, without a counter signature, prescriptions which may be dispensed in retail pharmacies for patients seen in the course of his or her postgraduate training program.

(14) A person enrolled in the second year family practice training program at the school of medicine of Memorial University of Newfoundland may be issued a family practice training provisional licence, at the written request to the board of the Dean of Medicine of Memorial University of Newfoundland or his or her delegate, for the sole and limited purposes of

(a) carrying out only duties and performing only procedures in relation to the second year family practice training program; and

(b) issuing, without a counter signature, prescriptions, certificates, statements or other documents which the Act restricts to persons holding a licence under the Act, but only in relation to the second year family practice training program.

(15) A postgraduate prescribing provisional licence issued to a person under subsection (13) and a family practice training provisional licence issued to a person under subsection (14) shall expire immediately upon the cessation of the persons enrolment in the respective training program and is non-renewable.

(16) Where a person has not been licensed by the board but has held a licence to practice medicine or has been registered to practice medicine by a medical authority in another jurisdiction the person shall as a further condition for the entry of his or her name on the educational register

(a) provide a certificate of good standing from each medical authority or jurisdiction under which he or she has held a licence to practise medicine or has been registered to practice medicine, dated not more than 6 months prior to entry on the educational register; and

(b) provide a certificate of good standing from the medical authority or jurisdiction under which he or she last practised medicine, dated not more than 6 weeks prior to entry on the educational register.

(17) Where a person has been licensed with the board and, since making application for that licence or for renewal of that licence, has practised medicine under another medical authority or jurisdiction, the person shall as a further condition for the entry of his or her name on the educational register

(a) provide a certificate of good standing from each medical authority or jurisdiction under which he or she has practised medicine since the persons last successful application to the board for a licence or renewal of licence, dated not more than 6 months prior to entry on the educational register; and

(18) For the purpose of subsections (16) and (17), the board may determine whether a person is to be considered as having practised medicine under another medical authority or jurisdiction and, without limiting the foregoing, may consider a person to have practised medicine in the course of being enrolled in a medical training program under another medical authority or jurisdiction.

(19) In addition to a requirement to provide a certificate of good standing under this section, where a registry or similar entity, recognized by the board, records information relating to the medical practice of medical practitioners, the board may require a medical practitioner, upon his or her application for licence or renewal of licence, to provide the certificate or other record issuable by that registry or entity.

(20) Where the board is satisfied that a person has been unable to obtain a certificate of good standing under subsection (16) or (17), the board may waive the requirement for the certificates.

(21) The board may require recommendations from appropriate authorities in another jurisdiction where the person requesting to be entered on the educational register has practised medicine and may require references which are acceptable to the board from not fewer than 3 physicians in that other jurisdiction.

(22) Documents forwarded to the board under this section shall be in English or presented with an English translation made by a person who is acceptable to the board.

48/99 s3

PART V
DISCIPLINE

Fine

15. For the purposes of exercising the power set out in paragraph 24(1)(e) of the Act, the board may, subject to the provision of that section, impose a fine upon a medical practitioner not to exceed $5,000.

185/94 s14

PART VI
CONFLICT OF INTEREST REGULATIONS

Definitions

16. In this Part

(a) "medical goods or services" includes medical goods, appliances, materials, services and equipment and drugs and laboratory services;

(b) "member of his or her family" means a person connected with a medical practitioner by blood relationship, marriage or adoption and persons

(i) connected by blood relationship if one is the child or other descendent of the other or one is the brother or sister of the other,

(ii) connected by marriage if one is married to the other or to a person who is connected by blood relationship to the other, and

(iii) connected by adoption if one has been adopted, either legally or in fact as the child of the other or as the child or a person who is so connected by blood relationship, other than a brother or sister, to the other; and

(i) sells or otherwise supplies medical goods or services, or

(ii) is registered or licensed under any Act regulating a health profession.

185/94 s15

Conflict of interest and professional misconduct

17. It shall be considered a conflict of interest and misconduct unbecoming a medical practitioner within the meaning of section 24 of the Medical Act where a medical practitioner licensed and practising within the jurisdiction of the Newfoundland Medical Board or a member of his or her family or a corporation wholly, substantially or actually owned or controlled by the medical practitioner or a member of his or her family

(a) receives benefits directly or indirectly from

(i) a supplier to whom the physician refers his or her patients, or

(ii) a supplier who sells or otherwise supplies medical goods or services to the patients of the medical practitioner;

(b) rents premises to

(i) a supplier to whom the medical practitioner refers his or her patients, or

(ii) a supplier who sells or otherwise supplies medical goods or services to the patients of the medical practitioner except where

(A) the rent is normal for the area in which the premises are located, and

(B) the amount of the rent is not related to the volume of business carried on in the premises by the tenant;

(i) a supplier to whom the medical practitioner refers his or her patients, or

(ii) a supplier who sells or otherwise supplies medical goods or services to the patients of the medical practitioner, except where

(A) the rent is normal for the area in which the premises are located, and

(B) the amount of the rent is not related to the referral of patients to the landlord;

(d) sells or otherwise supplies a drug, medical appliance, medical product or biological preparation to a patient at a profit except a drug sold or supplied by the medical practitioner that is necessary

(i) for the immediate treatment of the patient,

(ii) in an emergency,

(iii) where the services of a pharmacist are not reasonably readily available,

(iv) where a preparation prepared by the medical practitioner for his or her patient is sold or supplied by the medical practitioner for a price that does not exceed the true cost of production of the preparation and a fee for the professional component, or

(v) where a medical appliance is not otherwise available.

185/94 s16

PART VII
ELECTION OF BOARD MEMBERS

Board elections

18. (1) Elections to the Newfoundland Medical Board shall be conducted in accordance with the provisions of the Act and these regulations.

(2) All medical practitioners who hold a current valid licence may vote for a candidate of their choice.

(3) To be nominated as a candidate for membership of the Newfoundland Medical Board, a medical practitioner must hold a current valid licence.

(4) Medical practitioners nominated as candidates for membership shall not have been in breach of section 24 of the Act.

(5) There shall be a nominating committee of the board consisting of 3 members of the board.

(6) An election to the Newfoundland Medical Board shall be held when the terms of office of serving elected members expire or when a vacancy occurs in the membership of the board as a result of death, retirement, resignation or incapacity to act as a serving member.

(7) Voting may be on behalf of a specific candidate or may be in the form of a proxy.

(8) Votes will be received by the office of the registrar and counted on the day of election by at least 3 members of the executive committee of the board one of whom shall be the registrar.

(9) Notice of an election shall be sent to all eligible voters at least 4 weeks before the election.

185/94 s17; 114/95 s1

PART VIII
PROFESSIONAL MEDICAL CORPORATIONS

Corporate licence

18.1 Registration and a corporate licence to provide the services of one or more medical practitioners shall be granted to a corporation that

(a) files a completed application in the form approved by the registrar, and complies with the undertakings and authorizations contained in it;

(b) provides to the registrar a certified copy of the articles of incorporation of the corporation;

(c) satisfies the registrar that the corporation complies with the requirements of the Act and these regulations relating to professional medical corporations; and

(d) pays the prescribed fees.

17/02 s1

Expiry and renewal

18.2 A corporate licence shall be renewed by the registrar where the professional medical corporation

(a) is in good standing with the board;

(b) files a completed application for renewal in the form approved by the registrar, and complies with the undertakings and authorizations contained in it;

(c) satisfies the registrar that the corporation continues to comply with the requirements of the Act and these regulations relating to professional medical corporations; and

(d) pays the prescribed fees.

17/02 s1

Notice of change

18.3 A professional medical corporation shall advise the registrar of a change in the information provided in an application for corporate licence or an application for renewal of a licence, in the form of notice of change approved by the registrar, within 15 days of the change, and shall pay the prescribed fee.

17/02 s1

Certification of documents

18.4 All applications, notices and other documents submitted to the registrar on behalf of a professional medical corporation shall be certified by all of the licensed medical practitioners who are directors or shareholders of the corporation.

17/02 s1

Maintenance of records

18.5 The registrar shall maintain a record of the following information with respect to each professional medical corporation:

(a) the name, registered office, medical offices and corporate number of the professional medical corporation;

(b) the names and residential addresses of all persons holding voting shares in the corporation, the number and class of voting shares held by each person, and the terms, conditions and restrictions applicable to the voting shares;

(c) the name and residential address of all persons holding non-voting shares in the corporation, the number and class of non-voting shares held by each person, and the terms and conditions applicable to the non-voting shares;

(d) the names and residential addresses of the directors of the professional medical corporation;

(e) the names and residential addresses of all licensed medical practitioners practising medicine as employees or on behalf of the corporation;

(f) the date of issuance of the original licence to the professional medication corporation;

(g) each date of renewal of the licence of the professional medical corporation; and

(h) the other particulars that may be directed by the board or that the registrar considers appropriate.

17/02 s1

Corporate records

18.6 A professional medical corporation shall

(a) maintain current financial records in accordance with generally accepted accounting principles;

(b) prepare a financial statement at the end of each fiscal year;

(d) maintain, in accordance with generally accepted business standards, records with respect to its employees.

17/02 s1

Corporate name

18.7 (1) The name of a professional medical corporation shall contain

(a) the surnames, or the surnames and a combination of the given names or initials and professional designation, of one or more licensed medical practitioners who hold voting shares in the corporation or who are practising medicine as employees or on behalf of the corporation;

(b) the words "Medical Clinic" or words with a similar meaning together with the names referenced in paragraph (a) or together with words establishing a geographic location or area of practice; or

(c) other words that indicate in a manner acceptable to the registrar that the corporation is engaged in the practice of medicine,

followed by the words "Professional Medical Corporation" or "Prof. Med. Corp." or the initials "P.M.C."

(2) The registrar may refuse to accept articles of incorporation or continuation for a corporation or to register articles amending the name of a professional medical corporation where, in the opinion of the registrar,

(a) the name is inaccurate or may be misleading;

(b) the name expresses or implies superiority of qualifications, experience or education over that of other medical practitioners; or

(c) the name would tend to bring the medical profession into disrepute or otherwise is objectionable in light of professional standards of practice and ethics.

17/02 s1

Expiry or revocation of licence

18.8 (1) Where a corporate licence expires without renewal or is revoked under section 23.5 of the Act, the registrar shall promptly

(a) enter on the corporate registry a memorandum with respect to the expiry or revocation of the licence; and

(b) notify the professional medical corporation, all licensed medical practitioners practising medicine as employees or on behalf of the professional medical corporation, and the other parties that the registrar considers appropriate that the licence of the professional medical corporation has expired or has been revoked.

(2) Upon expiry of a corporate licence without renewal, or the revocation of a licence, under section 23.5 of the Act, the registrar shall determine whether the professional medical corporation is entitled to apply for a new licence and may prescribe conditions under which the licence shall be issued.

(3) A new licence shall not be issued unless an application for a corporate licence is made in accordance with these regulations and the registrar is satisfied that the corporation has complied with all the conditions applicable to the licence.

17/02 s1

Liability for payment of fees

18.9 (1) A professional medical corporation is jointly liable for the payment of the annual licensing fee in respect of each medical practitioner holding voting shares in the professional medical corporation and each medical practitioner practising medicine as an employee or on behalf of the corporation.

(2) Where a professional medical corporation has paid an annual licensing fee in respect of a medical practitioner, the medical practitioner is not liable to pay an annual licensing fee for the year for which the professional medical corporation has paid his or her annual licensing fee.

(3) Where a medical practitioner has paid an annual licensing fee before acquiring voting shares in the professional medical corporation, or before practising medicine as an employee or on behalf of the corporation, the professional medical corporation is not liable to pay the medical practitioners annual licensing fee for the year for which he or she has paid the fee.

17/02 s1

Notice

18.10 A notice required to be given to a professional medical corporation, or to a director, shareholder or employee of a medical corporation, under the Act or these regulations shall be by personal service or by prepaid registered mail to the last address filed with the registrar in relation to an application for corporate licence, an application for renewal of a licence or a notice of change.

17/02 s1

PART IX
GENERAL

General

18.11 Where notice of an act or thing is required to be given to the registrar or to the board under the Act or these regulations, it shall be in writing and shall be sent by prepaid registered mail addressed to the registrar at the boards office address.

17/02 s1

Fees

19. Fees for registration, licensure and any requirement under these regulations shall be prescribed by the board.

Repeal

20. The Newfoundland Medical Board Regulations, 1994, Newfoundland Regulation 185/94, are repealed.