94 Commencement of
prosecution
Part 7
General
95 Medical
register
96 Evidence
of registration
97 Protection
from liability
98 Evidence
99 Right to
practise
100 Municipal
licence
101 Notice
to the public
102 Appointment in
public service
103 Assessment
of medical facilities
104 Religious
beliefs
105 Legal
assistance
106 Returns
107 Bylaws
re fees
Schedule
HER MAJESTY, by and with
the advice and consent of the Legislative Assembly of Alberta, enacts as
follows:
Definitions
1 In this Act,
(a) “Appeal
Committee” means the Appeal Committee established by section 38;
(b) “College”
means the College of Physicians and Surgeons of the Province of Alberta;
(c) “council”
means the council of the College;
(d) “district”
means a medical electoral district established pursuant to this Act;
(e) “medical”
includes surgical and obstetrical;
(f) “medicine”
includes surgery and obstetrics, but does not include osteopathy or veterinary
surgery or veterinary medicine;
(g) “Minister”
means the Minister determined under section 16 of the Government
Organization Act as the Minister responsible for this Act;
(h) “Performance
Committee” means the Physician Performance Committee established by section 33;
(i) “permit”
means a permit issued pursuant to Part 5;
(j) “professional
corporation” means a holder of a subsisting permit;
(k) “register”
means the Alberta Medical Register mentioned in section 18;
(l) “registered
practitioner” means a person registered in the Alberta Medical Register or who
is temporarily registered under section 27;
(m) “registrar”
means the registrar of the College appointed under section 11;
(n) “university” means a university that has a
medical or osteopathic department in connection with it, and has the power to
grant medical or osteopathic degrees.
RSA 1980 cM‑12
s1;RSA 1980 cH‑5.1 s37;1984 c55 s30;
1998 c21 s2
College of Physicians
and Surgeons continued
2 The College of Physicians and Surgeons of the
Province of Alberta previously constituted and the registered members of it are
continued as a corporation under the same name with power to acquire, hold and
dispose of real and personal property for the purpose of the College.
RSA 1980 cM‑12 s2
Part 1
The Council
Council of College
3(1) There is to be a council of the College
consisting of not more than 25 members elected or appointed in the manner
provided in this Act.
(2) The council shall provide from time to time to
the members of the College direction and regulation of the practice of medicine
and osteopathy and, subject to the bylaws, shall control and direct
registration, licensing and discipline of the members of the College.
RSA 1980 cM‑12 s3
Voters
4(1) The persons entitled to vote at elections of
members of the council are the persons who are registered practitioners in good
standing at the time of the election.
(2) The registrar shall, at least 2 months before
the date on which the election is to be held, prepare an alphabetical list of
the registered practitioners showing the district in which each resides and is
entitled to vote.
RSA 1980 cM‑12 s4
Persons eligible for
election to council
5 No person is eligible to be elected a member of
the council who is not entitled to vote at elections of members of the council.
RSA 1980 cM‑12 s5
Bylaws re elections
6(1) The council may make bylaws governing elections
of members to council and those bylaws may
(a) provide
the procedure for the nomination of candidates;
(b) provide
for the division of Alberta into medical electoral districts and prescribe the
number of council members to be elected from each medical electoral district;
(c) provide
for the appointment or designation of presiding officers for the election;
(d) prescribe
the forms to be used;
(e) prescribe
the procedure to be used for the holding of the elections and for determining
the persons elected as members of the council;
(f) prescribe
the term of office of members of the council.
(2) An election of members to the council shall be
conducted with the use of secret ballots.
RSA 1980 cM‑12 s6
Destruction of ballots
7 The ballots used at an election must not be
destroyed until after all petitions under section 8 in respect of the elections
have been decided but shall be retained until then by the registrar, together
with all other papers in connection with the election.
RSA 1980 cM‑12 s7
Petition against
election
8(1) A registered practitioner may petition the
council against the election of a member by filing the petition with the
registrar within 15 days after the election.
(2) The
petition shall contain a statement of grounds on which the election is
disputed.
(3) A
copy of the petition shall be served on the member whose election is disputed.
(4) When a petition is filed concerning the
election of a member to the council, the council shall hold an inquiry and
ratify the election of the member or, if the election is found to be illegal,
order a new election.
RSA 1980 cM‑12 s8
New election
9(1) The registrar
(a) in
case of failure in an election to elect the required number of members of the
council, or
(b) in
case of a vacancy occurring from the death or resignation of a member of the
council or from any other cause,
shall hold a new
election as soon as possible for the purpose of filling the vacancy or
vacancies.
(2) When
a new election is held under subsection (1), the election shall be conducted in
the same manner as an election of the full council and the term of office for
the vacated council position shall be the unexpired term remaining in that
position.
(3) Notwithstanding subsection (1), if a vacancy
occurs for any reason within 6 months before the date of an election of members
to the council, the council shall appoint a registered practitioner resident in
the medical electoral district in which the vacancy occurred to be a member of
the council for the unexpired portion of the term.
RSA 1980 cM‑12 s9
Appointed members of the
council
10 In accordance with the bylaws, the elected
members of the council shall appoint an additional 5 members to the council
consisting of
(a) 2
registered practitioners, one of whom shall be nominated by the Faculty of
Medicine of The University of Alberta and the other by the Faculty of Medicine
of The University of Calgary, and
(b) 3
persons who are not registered practitioners, appointed from the general
public,
all of whom are full voting members of the council.
RSA 1980 cM‑12 s10
Election and appointment
of officers
11(1) The council shall elect annually from its
members a president, a vice‑president and any other officers it considers
necessary.
(2) The
council shall appoint a registrar, who need not be a member of the council or
the College, at the salary or other remuneration and for the term of office
that the council decides.
(3) The council may appoint a deputy registrar and
one or more assistant registrars, who need not be members of the council or the
College, at the salary or other remuneration and for the term of office the
council determines to assist the registrar and, in the event of the registrar’s
absence or inability to act, to exercise and perform all powers and duties of
the registrar.
RSA 1980 cM‑12 s11
Executive committee
12(1) There is to be an executive committee of the
council that shall consist of the president, the vice‑president and one
other member of the council to be appointed annually by the council.
(2) The
executive committee shall meet at the call of the registrar and shall deal with
(a) all
matters that are delegated to it by the council,
(b) all
matters that require attention between meetings of the council, and
(c) the
duties assigned to the executive committee by this Act.
(3) Two
members of the executive committee constitute a quorum.
(4) The executive committee has no power to alter,
repeal or suspend any bylaw of the council.
RSA 1980 cM‑12 s12
Appointment of
committees
13 The council may appoint
annually any committees that the council considers necessary to assist it in
carrying out its duties under this Act.
RSA 1980 cM‑12
s13;1996 c28 s29
Bylaws re meetings
14(1) The
council may make bylaws with regard to the times and places of meetings of the
council and the mode of calling the meetings.
(2) In the absence of any bylaw governing the
calling of meetings of the council, the president, or in the event of the
president’s absence or a vacancy in the
office, the vice‑president or the registrar, may by a circular letter to
be mailed to each member, call a meeting of the council at a time and place
that seems fit to the president, vice‑president or registrar, as the case
may be.
RSA 1980 cM‑12 s14
Conduct of meetings
15(1) If the president is absent from a meeting, the
vice‑president, or in the vice-president’s absence some other member to
be chosen from the members present, shall preside at that meeting.
(2) A
quorum of the council may be fixed by bylaw but in no case shall the quorum be
less than 1/2 the number of council members.
(3) The
member presiding at a meeting of the council has, in the event of an equal
number of votes being given for and against any resolution, a 2nd or casting
vote in addition to the vote to which that member is entitled as a member of
the council.
(4) A
resolution signed by not less than 75% of the members of the council has the
same force as a resolution duly passed at a regularly convened meeting of the
council.
(5) The signatures of the members to the resolution
may be on one or more sheets of paper.
RSA 1980 cM‑12 s15
Fees for attendance
16 There shall be paid to members of the council
any fees for attendance and any reasonable travelling expenses that may be
fixed by bylaw or resolution passed by the council.
RSA 1980 cM‑12 s16
Confidentiality
17(1) Subject to the provisions of this or any other
Act or of the bylaws, all matters coming before the council in respect of any
individual member of the College or of any individual patient or other person
shall be treated by the members of the council as private and confidential
information and that information shall not be published, released or disclosed
in any manner that might be detrimental to the personal interests, reputation
or privacy of the member, patient or other person without the consent of the
member, patient or other person.
(2) A person who knowingly publishes, releases or
discloses information contrary to subsection (1) is guilty of an offence and
liable to a fine of not more than $500 and in default of payment to
imprisonment for a term not exceeding 30 days.
RSA 1980 cM‑12 s17
Part 2
Registration
Alberta Medical Register
18(1) The registrar shall keep a register to be known
as the “Alberta Medical Register”, which shall be divided into 2 parts, namely,
(a) Part
1, which shall contain the name of every person authorized to practise as a
medical practitioner under this Act, and
(b) Part
2, which shall contain the name of every person authorized to practise as a
practitioner of osteopathy under this Act.
(2) Only
those persons whose names are inscribed in the register and who are not under
suspension by the council are entitled to practise as hereinafter provided.
(3) The
register shall, during the business hours of the College, be open and subject
to inspection by any person.
(4) Part 1 of the register may contain a separate
section for the registration of non‑resident members.
RSA 1980 cM‑12 s18
Duties of registrar
19 The registrar shall
(a) maintain
the register correctly in accordance with this Act and the bylaws,
(b) make
all necessary alterations in the addresses or qualifications of the persons
registered under this Act, and
(c) perform any other duties imposed on the
registrar by the council.
RSA 1980 cM‑12 s19
Entries in register
20(1) The registrar shall enter in the appropriate
part of the register the name and address of every person who
(a) proves
to the satisfaction of the registrar that the person is qualified for
registration under section 21 or produces a certificate of qualification issued
under section 22,
(b) provides
to the registrar a registration information form, as prescribed in the bylaws,
completed to the satisfaction of the registrar,
(c) satisfies
the registrar that the person is of good character and reputation and that the
person’s name has not been struck from the register of any college of
physicians and surgeons and that the person is not and has not been suspended
by any college of physicians and surgeons, or by any council or similar body in
Canada or elsewhere, and
(d) pays
to the registrar the prescribed registration fee and the annual fee for the
year in which the person becomes registered.
(2) If
the registrar is not satisfied with respect to any of the matters referred to
in subsection (1)(a), (b) and (c), the registrar shall refer the application to the council
and
(a) if
the council is satisfied with respect to those matters, it shall direct the
registrar to register the person, or
(b) if the council is not satisfied with respect
to any of those matters, it shall direct the registrar not to register the
person and shall give the person written notice of that direction, giving the
reasons for it.
RSA 1980 cM‑12
s20;1995 c22 s2
Qualifications for
registration
21 An applicant for registration who has not
previously been registered in Part 1 of the Alberta Medical Register is qualified
to be registered if the applicant
(a) holds
a certificate of registration from the Medical Council of Canada, and
(b) has met the education and training
requirements set out in the bylaws.
RSA 1980 cM‑12
s21;1994 c27 s5
Conduct of examinations
22(1) The Universities Co‑ordinating Council
shall examine the fitness to practise and qualifications of every applicant for
the practice of osteopathy and if satisfied that the applicant has proven the
applicant’s fitness to practise and qualifications, it shall issue to the
applicant a certificate of qualification.
(2) Before issuing a certificate of qualification
to an applicant, the Universities Co‑ordinating Council may require the
applicant to pass any examinations or pursue any further studies and training,
or both, that the Universities Co‑ordinating Council considers necessary
for the granting of a certificate of qualification.
RSA 1980 cM‑12 s22
Special Register
23(1) The council may establish and maintain a
register to be known as the “Special Register”.
(2) The
registrar may register in the Special Register any person who
(a) meets
the requirements set out in the bylaws, and
(b) provides
to the registrar a registration information form, as prescribed in the bylaws,
completed to the satisfaction of the registrar.
(3) The
persons registered in the Special Register are entitled to practise medicine,
surgery and midwifery and are deemed to be registered practitioners only for
the period, in the manner, to the extent, and subject to the conditions,
limitations and restrictions set out in the bylaws applicable to those persons.
(4) On any person so registered ceasing to comply,
either as a result of circumstances or default, with the terms of the bylaws
applicable, the registrar shall remove the name of the person from the Special
Register.
RSA 1980 cM‑12
s23;1995 c22 s3
Courtesy Register
24(1) The council may establish and maintain a
register to be known as the “Courtesy Register”.
(2) The
registrar may register in the Courtesy Register any person who
(a) is
the holder of a degree in medicine and is entitled to practise as a physician
or surgeon in a jurisdiction outside Alberta, and
(b) desires
registration solely for the purpose of
(i) presenting a graduate or undergraduate training course, or
(ii) conducting or engaging in a clinical presentation or research
program or an educational treatment program of limited duration.
(3) The
registrar
(a) shall,
in registering a person in the Courtesy Register, show the purpose for which
that person is registered and the period of duration of that person’s
registration, and
(b) may
from time to time, on application, extend the period of duration of that
person’s registration and amend the Courtesy Register accordingly.
(4) Notwithstanding subsection (3), the registrar
shall cancel the registration of a person in the Courtesy Register when
directed to do so by the council.
RSA 1980 cM‑12 s24
Educational Register
25(1) The council may establish and maintain a
register to be known as the “Educational Register”.
(2) The
council may register in the Educational Register any person
(a) who
is serving a period of postdoctoral training required by a university and
approved by the council or the period of training required by the Medical
Council of Canada,
(b) who
desires registration solely for the purpose of undertaking post‑graduate
training and who in the opinion of the council should be granted that
registration,
(c) who
is a senior undergraduate desiring registration solely for the purpose of undertaking
training experience of limited duration in Alberta,
(d) who
is an undergraduate enrolled in a Faculty of Medicine in Alberta and is
classified by that Faculty as a student intern, or
(e) who is taking a period of training in
Alberta required by the council with respect to obtaining or maintaining
registration as a medical practitioner.
RSA 1980 cM‑12 s25
Conditions of
registration
26 When the council is of the opinion that in the
interest of the public a medical practitioner’s registration should be limited
or restricted in any way, the council may by order, at the time of
registration, attach any conditions to the medical practitioner’s registration that it considers advisable, and
may designate a hospital or hospitals in Alberta to provide at the council’s
request
(a) training
for an applicant for registration, or
(b) assessment of and training for a registered
practitioner for the purpose of maintaining the practitioner’s registration.
RSA 1980 cM‑12 s27
Temporary registration
27 On payment of any fee that the council may
require, the council may grant to any person who is qualified for registration
temporary registration for a period not exceeding 30 days in each calendar
year.
RSA 1980 cM‑12 s28
Review panel
28(1) A person who, by order of the council,
(a) is
refused registration pursuant to section 20(2), or
(b) has
limitations or conditions imposed on the person’s registration pursuant to
section 26,
may apply for a review
of the council’s decision by an application in writing to the Minister made
within 30 days after the date of the order of the council.
(2) For
the purposes of subsection (1)(a), if the registrar has neither registered nor
refused to register a person within 60 days from that person having applied for
registration, the application is deemed to have been refused.
(3) On
receipt of an application under subsection (1), the Minister shall appoint a
review panel of 3 persons, none of whom were involved in making the decision
appealed from, to review the council’s decision.
(4) If
the applicant resides outside Alberta, a review panel may, before undertaking
the review, require the applicant to deposit with the Minister a reasonable
amount of money as security for payment of the costs of the review by the
applicant in the event of an order to that effect.
(5) Testimony
may be adduced before a review panel in any manner that the panel considers
proper and the panel is not bound by the rules of law concerning evidence
applicable to judicial proceedings.
(6) The
Administrative Procedures Act applies
to proceedings of the review panel.
(7) The
review panel may confirm, reverse or vary the council’s decision and the
decision of the review panel is final and binding on the applicant and the
council.
(8) On
the review, the panel may make any order as to the costs of the review as it
considers just and may apply any money deposited pursuant to subsection (4) in
satisfaction of those costs.
(9) At
the conclusion of the review, the Minister shall refund to the applicant the
amount of the applicant’s deposit less any costs assessed under subsection (8).
(10) A person in whose favour an order for costs is
made under subsection (8) may recover the amount of the costs by action.
RSA 1980 cM‑12 s29
Annual fee
29(1) Each registered practitioner shall pay an
annual fee in an amount to be determined by bylaw of the council to the
registrar or to any person authorized by the registrar to accept payment of it.
(2) Each
registered practitioner shall provide annually to the registrar a registration
information form, as prescribed in the bylaws, completed to the satisfaction of
the registrar.
(3) A
registered practitioner who fails to pay the annual fee on or before January 1
in each year shall, as of that date, stand suspended as a registered
practitioner.
(4) A
registered practitioner who fails to provide the registrar with a registration
information form in accordance with subsection (2) on or before January 1 in
each year shall, as of that date, stand suspended as a registered practitioner.
(5) The
council may by resolution waive any annual fee or any portion of an annual fee
due to the College by a registered practitioner.
(6) A
registered practitioner suspended under subsection (3) shall be reinstated in
good standing in the register in respect of that suspension on payment to the
registrar of the annual fee for that year.
(7) A
registered practitioner suspended under subsection (4) shall be reinstated in
good standing in the register on providing the registrar with a registration information
form in accordance with subsection (2).
(8) A registered practitioner may make written
application to the registrar to have that practitioner’s name removed from the
register and the registrar shall remove the name accordingly.
RSA 1980 cM‑12 s30;1995
c22 s4
Bylaws
30 The council may make bylaws for
(a) the
conduct of the affairs of the council;
(b) the
promotion of medical knowledge;
(c) the
disposition of the funds of the College;
(d) the
discharge of the duties and obligations imposed on the council or any of its
committees under this Act;
(e) the regulation of the practice of medicine
and the governing of the affairs of the profession.
RSA 1980 cM‑12
s31;1998 c21 s3
Bylaws
31(1) The council may make bylaws governing
(a) the
manner of proof as to matters required to be proven by an applicant for
registration or by a registered practitioner;
(b) the
conduct of any hearing or investigation authorized by this Act;
(c) the
educational and training requirements of an applicant for registration or for
maintaining a registered practitioner’s registration;
(d) the
persons or classes of persons who may be registered in the Special Register,
the qualifications to be required of those persons and the conditions,
limitations and restrictions applicable to those persons;
(e) registration
in the Courtesy Register;
(f) registration
in the Educational Register;
(g) the
form of a registration information form, which may request information relating
to any of the following matters but must not request information relating to
any other matter:
(i) the registered practitioner’s practice profile, including the
location of the practice and the services and activities provided by the
registered practitioner;
(ii) the registered practitioner’s practice affiliations, including
service agreements, hospital privileges and university appointments;
(iii) the registered practitioner’s education credentials and
continuing competency activities;
(iv) demographic information about the registered practitioner.
(2) A
bylaw passed under subsection (1) does not come into force until it has been
approved by the Lieutenant Governor in Council.
(3) The
council
(a) shall
make bylaws respecting the type and amount of liability insurance or other
protection against professional liability that a partnership must have for the
purposes of registration as a limited liability partnership under Part 3 of the
Partnership Act, and
(b) may
make bylaws governing eligibility requirements that a partnership must meet in
order to be registered as a limited liability partnership under Part 3 of the Partnership Act.
(4) A
bylaw under subsection (3)(a) does not come into force unless it is approved by
the Lieutenant Governor in Council.
(5) Where
the Minister considers that bylaws made under subsection (3)(a) do not provide
sufficient protection against professional liability, the Minister may, by
notice in writing to the council, request the council to amend the bylaws in
the manner specified in the notice within the time set out in the notice.
(6) Where
the council fails to amend the bylaws in accordance with the notice, the
Lieutenant Governor in Council may make regulations respecting the matters
referred to in subsection (3)(a) and, to the extent that there is any
inconsistency between those regulations and the bylaws, those regulations
prevail.
(7) Subsections
(3) to (6) do not apply if there is a bylaw under subsection (8) in effect.
(8) The council may make a bylaw providing that,
notwithstanding Part 3 of the Partnership
Act, no person may practise medicine in a limited liability partnership
under that Act.
RSA 1980 cM‑12
s32;RSA 1980 cH‑5.1 s37;1983 c37 s37;
1995 c22 s5;1998 c21 s4;1999 c27 s11
Special fund
32(1) The council may make bylaws
(a) establishing
a special fund into which shall be paid
(i) any portion of the money of the College that may be designated
from time to time by the council, or
(ii) any portion of the revenues of the College that may be designated
from time to time by the council,
(b) governing
the application of the special fund to the relief of aged, infirm or disabled
members of the College and the dependants of deceased members, and
(c) governing
the administration of the special fund.
(2) When the council has created a special fund
under this section, the council in its discretion may at any time discontinue
the special fund in whole or in part and may on discontinuing the special fund
transfer the balance of the special fund to the general funds of the College.
RSA 1980 cM‑12 s33
Part 3
Physician Achievement
Review Program
Physician Performance
Committee established
33 There is hereby established
the Physician Performance Committee, the members of which are appointed by the
council.
1998 c21 s5
Purpose and objectives
of Performance Committee
34 The purpose of the Physician Performance
Committee is to establish, develop and administer a program
(a) to
assess the standard of medical care provided by registered practitioners for
their patients, and
(b) to enhance the performance of registered
practitioners in the practice of medicine.
1998 c21 s5
Powers and duties of
Performance Committee
35(1) The Performance Committee may, in accordance
with the bylaws, conduct a general assessment of the professional performance
of each registered practitioner once every 5 years.
(2) Within
90 days after completing a general assessment of a registered practitioner, the
Performance Committee shall prepare a report containing its findings and direct
that
(a) no
further specified action be taken,
(b) the
registered practitioner participate in an individual assessment of competence
or performance, or
(c) the
registered practitioner undertake further specified action.
(3) An individual assessment or further specified
action under subsection (2)(b) or (c) must be carried out in accordance with
the bylaws.
1998 c21 s5
Individual assessment
36(1) If the Performance Committee directs an
individual assessment under section 35(2)(b), the members of the Performance
Committee may at any reasonable time
(a) enter
and inspect any place of the registered practitioner where the practice of
medicine is carried on, and
(b) require
the registered practitioner to produce any books, records, papers and other
documents or things relating to patient care in the possession or control of
the registered practitioner.
(2) The
members of the Performance Committee may not enter a private dwelling place or
any part of a place that is designed to be used and is being used as a
permanent or temporary private dwelling place except with the consent of the
occupant of the place.
(3) Within
90 days after completing an individual assessment of a registered practitioner,
the Performance Committee shall prepare a report containing its findings and
(a) direct
that no further specified action be taken,
(b) direct
that the registered practitioner undertake further specified action, or
(c) refer
the matter to the investigation chair.
(4) A
further specified action under subsection (3)(b) must be carried out in
accordance with the bylaws.
(5) The
Performance Committee shall refer a matter to the investigation chair when the
Performance Committee is of the opinion that the registered practitioner
(a) may
be guilty of unbecoming or criminal conduct, whether in a professional capacity
or otherwise,
(b) may
be incapable of practising or unfit to practise medicine or osteopathy or may
be suffering from an ailment, either organic or mental, which might, if the
registered practitioner continues to practise, constitute a danger to the
public,
(c) displays
a lack of skill or judgment in the practice of medicine or osteopathy that
cannot be or has not been remedied by participation in a program established
under this Part, or
(d) has contravened a requirement under this
Part.
1998 c21 s5
Mandatory compliance
with Part
37 A registered practitioner
shall comply with this Part.
1998 c21 s5
Appeal from Performance
Committee direction
38(1) There is hereby established the Appeal
Committee, the members of which are appointed by the council in accordance with
the bylaws.
(2) A
registered practitioner who receives a direction from the Performance Committee
under section 35(2) or 36(3) may appeal to the Appeal Committee by filing a
notice of appeal with the registrar within 30 days after the date of service of
the direction on the registered practitioner.
(3) A
notice of appeal under subsection (2) must
(a) be
in writing, and
(b) set
out the grounds for the appeal.
(4) On
receipt of a written notice of appeal forwarded from the registrar, the
Performance Committee shall prepare a report and shall forward to the Appeal
Committee the report and a statement of any directions given to the registered
practitioner.
(5) Section
65(1) applies, with all necessary modifications, to the proceedings of the
Appeal Committee under this section.
(6) The
Appeal Committee may
(a) confirm,
reverse or vary the direction appealed and make any direction that the
Performance Committee could have made, and
(b) make
any further order the Appeal Committee considers necessary for the purposes of
carrying out the direction.
(7) The registered practitioner shall comply with a
direction or any further order of the Appeal Committee under subsection (6).
1998 c21 s5
Membership of
Performance Committee and sub-committees
39(1) The Performance Committee shall have at least 5
members and not more than 9 members consisting of
(a) members
from the classes of registered practitioners prescribed under the bylaws, and
(b) one
member of the public who is not a physician.
(2) The
council shall designate annually a member of the Performance Committee to act
as chair.
(3) Where the Performance Committee establishes a
subcommittee under section 40(2) to conduct an individual assessment under
section 35(2)(b), at least one member of the subcommittee must possess medical
knowledge respecting the area of medical practice under assessment.
1998 c21 s5
Conduct of Committee
40(1) The Performance Committee may adopt the bylaws
of the council for the conduct of its business or, with the approval of the
council, establish its own rules and procedures.
(2) The
Performance Committee may establish one or more subcommittees consisting of one
or more persons who are not members of the Performance Committee to perform any
duties and functions and exercise any powers of the Performance Committee.
(3) Any
decision or other action made or taken under this Part by a subcommittee of the
Performance Committee is the decision or action of the Performance Committee.
(4) Members
of the Performance Committee or a subcommittee established under subsection (2)
shall be paid fees for attendance and reasonable travelling expenses in
accordance with the bylaws.
(5) The Performance Committee may from time to time
appoint one or more persons having special technical or other knowledge to
inquire into and report to the Performance Committee in respect of any matter.
1998 c21 s5
Confidentiality
41(1) A member of the Performance Committee, its
subcommittees or the Appeal Committee, or the investigation chair or any person
appointed under section 40(5) shall not publish, release or disclose in any
manner information obtained in the course of carrying out any powers, duties
and functions under this Part except as is necessary to carry out those powers,
duties and functions.
(2) Information
obtained by a registered practitioner under this Part shall not be published,
released or disclosed by the registered practitioner in any manner unless the
information is
(a) published,
released or disclosed in accordance with a direction of the Performance
Committee, or
(b) released
or disclosed to the legal representative of the registered practitioner in
connection with proceedings under this Part.
(3) Notwithstanding
subsection (1), the investigation chair may release or disclose to an
investigating committee the following information obtained from the Performance
Committee:
(a) the
name of the registered practitioner;
(b) the
grounds for referral under section 36(5).
(4) Notwithstanding
subsection (1), information obtained by the Performance Committee under this
Part may be provided or published by the Performance Committee in summarized or
statistical form if the information is provided or published in such a manner
that it is not possible to relate the information to any particular
identifiable person.
(5) A person who knowingly publishes, releases or
discloses information contrary to this section is guilty of an offence and
liable to a fine of not more than $10 000.
1998 c21 s5
Bylaws
42 The council may make bylaws
(a) governing
the appointment of members to the Performance Committee and the Appeal
Committee, including, without limitation, the designation of classes of
members, the method of appointment of members, the terms of office of members
and the filling of vacancies and the remuneration to which members are
entitled;
(b) respecting
the proceedings of the Performance Committee and the Appeal Committee and the
powers and duties of those Committees;
(c) respecting
the development, implementation and administration of a program for the
assessment of registered practitioners;
(d) governing
the conduct of a general assessment or an individual assessment of a registered
practitioner;
(e) specifying
the types of and the manner of carrying out further action for the purposes of
section 35(3) or 36(4);
(f) respecting
the contents of a report prepared by the Performance Committee under section
38(4);
(g) respecting the costs that may be attributed
to proceedings under this Part, and the powers and duties of the Performance
Committee or the Appeal Committee, as the case may be, in making orders under
this Part against a registered practitioner for the payment of all or part of
those costs.
1998 c21 s5
Review by council
43(1) By June 18, 2001, the council must conduct a
review of the program established by the Performance Committee under this Part.
(2) The
council must, in a form and manner that the council considers appropriate,
consult with the public as part of the review.
(3) After
the review, the council must make a report of its findings and forward the
report to the Minister.
(4) The Minister must make the report available to
the public in a form and manner satisfactory to the Minister.
1998 c21 s5
Part 4
Discipline
Unbecoming conduct
44(1) For the purposes of this Act,
(a) unbecoming
conduct, whether in a professional capacity or otherwise, or
(b) the
determination as to whether a registered practitioner has displayed a lack of
skill or judgment in the practice of medicine or osteopathy or is incapable or
unfit to practise medicine or osteopathy,
is a question of fact
for the sole and final determination of the investigating committee, the
council or the Court of Appeal.
(2) Any
matter, conduct or thing that in the judgment of the investigating committee,
the council or the Court of Appeal, is such as to be inimical to the best
interests of the public or the profession, whether or not the act or conduct is
disgraceful or dishonourable, is unbecoming conduct on the part of a registered
practitioner.
(3) A registered practitioner shall not be found
guilty of unbecoming conduct or be found to be incapable or unfit to practise
medicine or osteopathy solely on the basis that the registered practitioner
employs a therapy that is non‑traditional or departs from the prevailing
medical practices, unless it can be demonstrated that the therapy has a safety
risk for that patient unreasonably greater than the prevailing treatment.
RSA 1980 cM‑12
s34;1996 c27 s2
Application of Part
45 The provisions of this Part relating to registered
practitioners apply to persons registered in the Courtesy Register, the
Educational Register, the Special Register and the Professional Medical
Assistant Register.
RSA 1980 cM‑12 s35
Investigation chair
46(1) The council shall appoint annually from among
its members an investigation chair.
(2) The
investigation chair shall review any matter brought to the chair’s attention by
the registrar or in any other manner, whether a complaint is made or not, where
a registered practitioner
(a) either
before or after the registered practitioner is registered has been convicted of
an offence punishable by more than one year’s imprisonment,
(b) is
alleged to be guilty of unbecoming or criminal conduct, whether in a
professional capacity or otherwise,
(c) is
alleged to be incapable or unfit to practise medicine or osteopathy or to be
suffering from an ailment, either organic or mental, which might, if the
registered practitioner continues to practise, constitute a danger to the
public,
(d) is
alleged to display a lack of skill or judgment in the practice of medicine or
osteopathy, or
(e) is
alleged to have contravened a requirement under Part 3.
(3) On
completing the investigation chair’s review, the investigation chair shall
(a) direct
that no further action be taken,
(b) direct
that a preliminary investigation be held by the registrar or the registrar’s
appointee into the matter, or
(c) direct
that the matter be dealt with by an investigating committee.
(4) In
the case of a review under subsection (2)(e), on completing the review the
investigation chair shall
(a) direct
that no further action be taken, or
(b) direct that the matter be dealt with by an
investigating committee.
RSA 1980 cM‑12
s36;1998 c21 s6
Evidence at preliminary
investigation
47(1) Notwithstanding any other Act,
(a) the
council,
(b) an
investigating committee, or
(c) on
the direction of the investigation chair, a person conducting a preliminary
investigation,
may require the
registered practitioner concerned and any other registered practitioner or
person to produce to the council, investigating committee or person conducting
the preliminary investigation any books, records, papers and other documents or
things in the registered practitioner’s or person’s possession or control and may
require the attendance at the investigation of the registered practitioner
concerned and any other registered practitioner or person.
(2) The
College may summarily apply ex parte to a judge of the Court of Queen’s Bench
for an order directing the registered practitioner concerned or any other
registered practitioner or person to produce to the council, an investigating
committee or the person conducting a preliminary investigation any books,
records, papers and other documents or things in the registered practitioner’s
or other person’s possession or under the registered practitioner’s or other
person’s control, when the registered practitioner or other person has failed
to produce them when required under subsection (1) or when the judge is of the
opinion that the issue of such an order is just and appropriate in the
circumstances.
(3) A person making a preliminary investigation
into a matter concerning the conduct or capability or fitness to practise
medicine or osteopathy of a registered practitioner may investigate any other
matter concerning the conduct or capability or fitness to practise medicine or
osteopathy of the registered practitioner that arises in the course of the
investigation.
RSA 1980 cM‑12 s37
Procedure after
preliminary investigation
48(1) On the conclusion of a preliminary
investigation, the investigation chair on receipt of the report shall either
(a) direct
that no further action be taken,
(b) direct
that the matter be dealt with by a Complaints Committee composed of not less than
3 members of the council which shall report to the investigation chair for the
investigation chair’s decision at the conclusion of its deliberations, or
(c) direct
that the matter be dealt with by an investigating committee.
(2) The Complaints Committee shall not hear any
evidence but may review all documents and written submissions obtained during
the preliminary investigation and at the conclusion of its deliberations the
Complaints Committee shall make any recommendations to the investigation chair that
it considers appropriate.
RSA 1980 cM‑12 s38
Procedure after
Complaints Committee report
49 The investigation chair may, in the
investigation chair’s discretion, on
receipt of the recommendations of the Complaints Committee, direct the matter
to be dealt with by an investigating committee or direct that no further action
be taken.
RSA 1980 cM‑12 s39
Complainant’s right of appeal
50(1) When a matter regarding the conduct or
capability or fitness to practise medicine of a registered practitioner is brought
to the attention of the investigation chair as a result of a complaint, the
complainant shall be advised as to the ultimate disposition of the
complainant’s complaint, but not as to any punishment imposed and when the
investigation chair has directed pursuant to section 46, 48 or 49 that no
further action be taken with respect to the complaint, the complainant may
appeal the investigation chair’s direction to the council, which may make any
direction regarding it that the investigation chair could have made.
(2) Nothing in subsection (1) precludes any member
of the council from acting as a member of an investigating committee or a
Complaints Committee with respect to the complaint.
RSA 1980 cM‑12 s40
Proceedings before
investigating committee
51(1) The council or the executive committee shall
from time to time, on the request of the investigation chair, appoint from
among the members of the council an investigating committee consisting of not
less than 3 members.
(2) When
the investigation chair directs that a matter regarding the conduct or
capability or fitness to practise medicine or osteopathy of a registered
practitioner is to be dealt with by an investigating committee, the
investigation chair shall
(a) direct
the registrar to serve on the registered practitioner a notice of the matter to
be investigated containing reasonable particulars, and
(b) direct
the investigating committee to conduct an investigation into the matter.
(3) Proceedings before an investigating committee
shall be held in private.
RSA 1980 cM‑12 s41
Investigation of former
members
52 When it appears that a former registered
practitioner has been guilty of unbecoming conduct while the former registered
practitioner was a registered practitioner, an investigating committee hearing
may be held with respect to the former registered practitioner’s conduct at any
time within one year from the date the former registered practitioner ceased to be a registered practitioner in the
same manner as if the former registered practitioner were still a registered
practitioner.
RSA 1980 cM‑12 s42
Interim suspension
53(1) Notwithstanding anything in this Part, the
investigation chair may, at the investigation chair’s discretion, direct the
registrar to suspend a registered practitioner pending an investigation by the
investigating committee.
(2) Notice of a suspension under subsection (1)
shall be served on the practitioner together with the notice to be served under
section 58(1).
RSA 1980 cM‑12 s43
Right to counsel
54(1) The College and the registered practitioner who
is subject to discipline proceedings under this Part may be represented by
counsel or agent.
(2) The council and the investigating committee
may, in their discretion, retain counsel to be present at the hearing and to independently
advise them during the course of the hearing.
RSA 1980 cM‑12 s44
Investigating committee
55(1) The investigating committee shall investigate
the facts relevant to the conduct or capability to practise of the registered
practitioner concerned.
(2) The investigating committee may also
investigate any other matter concerning the conduct or capability or fitness to
practise medicine of the registered practitioner that arises in the course of
the investigation, but in that event the committee shall declare its intention
to investigate and report on the new matter and shall permit the registered
practitioner sufficient opportunity to prepare the registered practitioner’s
answer to the new matter.
RSA 1980 cM‑12 s45
Continuation as
committee member
56 A member of a committee appointed from the
council pursuant to this Part may continue to act as a member of that committee
for the purpose of completing and reporting on an investigation or proceeding
begun while the member was a member of the council notwithstanding that the
member is no longer a member of the council.
RSA 1980 cM‑12 s46
Place of meetings
57 Meetings of an investigating committee or of the
council, when held for the purpose of taking evidence or otherwise ascertaining
the facts, shall be held at any convenient place decided on by the committee or
the council, as the case may be.
RSA 1980 cM‑12 s47
Notice of committee
meetings
58(1) At least 2 weeks before the meeting of an
investigating committee held for the purpose of taking evidence or otherwise
ascertaining the facts, a notice shall be served on the person whose conduct or
capability or fitness is the subject of inquiry
(a) containing
reasonable particulars of the matter to be investigated, and
(b) specifying
the time and place of the meeting.
(2) Testimony
may be adduced before an investigating committee in any manner the committee
considers proper and the committee is not bound by the rules of law concerning
evidence applicable to judicial proceedings, but no registered practitioner’s
name shall be struck off the register on affidavit evidence alone.
(3) Any member of the investigating committee is
empowered to administer an oath to any witness who is to give evidence before
it.
RSA 1980 cM‑12 s48
Witnesses and documents
59(1) The registered practitioner whose conduct or
capability or fitness is being investigated is a compellable witness in any
proceedings under this Part.
(2) A
witness may be examined on oath on all matters relevant to the proceeding and
is not to be excused from answering any question on the ground that the answer
(a) might
tend to incriminate the witness,
(b) might
subject the witness to punishment under this Act, or
(c) might
tend to establish the witness’s liability
(i) to a civil proceeding at the instance of the Crown or of any
person, or
(ii) to prosecution under any statute,
but the answer so
given, if it is such as tends to incriminate the witness or to establish the
witness’s liability to a civil proceeding, shall not be used or received against
the witness in any civil proceedings, in a prosecution under this Act or in any
proceeding under any other Act, except in a prosecution for or proceedings in
respect of perjury or the giving of contradictory evidence.
(3) A
notice to enforce
(a) the
attendance of a witness, and
(b) the
production of books, papers and other documents,
before an
investigating committee may be issued by the registrar, deputy registrar or any
assistant registrar of the College under the seal of the College stating the
time and place at which the witness is to attend and the documents, if any, the
witness is required to produce.
(4) The
registrar shall, without charge, on the written request of the registered
practitioner whose conduct or capability or fitness is being investigated or
the registered practitioner’s solicitor or agent, issue and deliver to the
registered practitioner all notices that the registered practitioner may
require for enforcing the attendance of witnesses and the production of
documents.
(5) A
witness, other than the registered practitioner whose conduct or capability or
fitness is being investigated, who is served with a notice to attend or to
produce documents, is entitled to demand and to be paid the usual fees payable
to witnesses in an action in the Court of Queen’s Bench.
(6) A
witness
(a) who
fails
(i) to attend before an investigating committee, or
(ii) to produce any books, records, papers or other documents or
things, in obedience to a notice issued under this section,
(b) who
fails in any other way to comply with a notice issued under this section, or
(c) who
refuses to be sworn or to answer any question allowed by the investigating
committee,
is liable to
attachment on application to a judge of the Court of Queen’s Bench.
(7) For the purpose of obtaining the testimony of a
witness who is outside Alberta, a judge of the Court of Queen’s Bench on an
application ex parte by the College may direct the issuing of a commission for
the obtaining of the evidence of the witness and the commission shall be issued
and evidence taken pursuant to the Alberta
Rules of Court, which apply with all necessary modifications.
RSA 1980 cM‑12
s49;1985 c15 s24
Failure to attend to
give evidence
60(1) If the registered practitioner whose conduct or
capability or fitness is the subject of an investigation does not attend the
inquiry, the investigating committee may, on proof of personal service of the
notice to attend, proceed with the subject‑matter of the inquiry in the
registered practitioner’s absence and make its report under section 63 without
further notice to the registered practitioner.
(2) The non‑attendance or refusal to testify
by a registered practitioner whose conduct or capability or fitness is the
subject of the inquiry may be held to be unbecoming conduct.
RSA 1980 cM‑12 s50
Decision of
investigating committee
61(1) If the investigating committee finds that the
registered practitioner is guilty of unbecoming conduct or is incapable or
unfit to practise medicine or osteopathy, the committee may recommend to the
council that
(a) the
name of the registered practitioner be struck off the register,
(b) the
registered practitioner be suspended for a stated period of time not exceeding
3 years,
(c) the
registered practitioner be reprimanded, or
(d) any
conditions or restrictions that the committee in its discretion considers
necessary be imposed on the registered practitioner’s registration.
(2) In
addition to a recommendation under subsection (1), the investigating committee
may recommend
(a) that
the registered practitioner pay, for each allegation proved against the
registered practitioner, a penalty of not more than $1000 to the College,
within the time fixed by the committee;
(b) that
the registered practitioner pay all or any portion of
(i) the costs of the investigation,
(ii) the costs of the proceedings before the investigating committee,
or
(iii) both the costs of the investigation and the costs of the
proceedings before the investigating committee
in an amount and within the
time fixed by the investigating committee;
(c) that the registered practitioner be
suspended in default of paying any penalty or costs ordered to be paid until
the penalty or costs are paid.
RSA 1980 cM‑12
s51;1996 c28 s29
Costs
62(1) Costs that may be levied against a registered
practitioner by the council under section 66(2)(b) include all or any portion
of the expenses incurred by the council, including the following:
(a) legal
representation of the council or the investigating committee, or both;
(b) travelling
expenses and a per day allowance, as determined by the council, for the members
of the council or the members of the investigating committee.
(2) Costs as levied by the council are a debt due
to the College and are recoverable by action.
RSA 1980 cM‑12
s52;1996 c28 s29
Report to council
63(1) The investigating committee shall give a report
containing its findings and recommendations and the reasons for its
recommendations to the investigation chair and the registrar.
(2) The
registrar shall obtain a copy of the evidence adduced before the committee with
copies of exhibits attached and those
documents shall be known as “the record”.
(3) At the conclusion of the investigating
committee hearing, the investigating committee may suspend the registered
practitioner whose conduct is being investigated until such time as its report
and the record of the hearing are considered at a meeting of the council.
RSA 1980 cM‑12 s53
Procedure leading to
hearing by council
64 On receiving a copy of the report of the
investigating committee and the record of the proceedings before it, the
registrar shall
(a) furnish
the registered practitioner concerned or the registered practitioner’s counsel
or agent with a copy of both the report and the record, inform the registered
practitioner of the time and place at which they are to be considered by the
council, and inform the registered practitioner that the registered
practitioner may appear before the council at that time in person or by counsel
or agent, and
(b) furnish each member of council with a copy
of the report and the record.
RSA 1980 cM‑12 s54
Consideration of report
by council
65(1) The council shall consider the report and
record and shall hear any representations the registered practitioner or the registered
practitioner’s counsel or agent wishes to make respecting the report and record
and the council shall further hear representations of counsel representing the
committee which filed the report before the council.
(2) No
member of the investigating committee, a Complaints Committee, if involved, or
the investigation chair shall take part in the deliberations of the council in
regard to the report of the investigating committee.
(3) The
council may
(a) grant
adjournments of the proceedings to, or reserve the determination of the matters
before it for, a future meeting of the council,
(b) on
granting special leave for the purpose, receive further evidence in the same
manner and subject to the same rules and with the same powers as are provided
for in this Act with respect to hearings before an investigating committee,
(c) draw
inferences of fact and make any determination or finding that, in its opinion,
ought to have been made by the committee, or
(d) order
the matter to be referred back to the investigating committee for further
consideration.
(4) The council shall, at or within a reasonable
time after the conclusion of all proceedings before it, issue its decision.
RSA 1980 cM‑12 s55
Punishment of registered
practitioner
66(1) When a registered practitioner is found by the
council to be guilty of unbecoming conduct or to be incapable or unfit to
practise medicine or osteopathy, the council may
(a) order
the name of the registered practitioner to be struck off the register,
(b) order
that the registered practitioner be suspended for a period not exceeding 3
years,
(c) reprimand
the registered practitioner, or
(d) order
that any conditions or restrictions that the council in its discretion
considers necessary be imposed on the registered practitioner’s registration.
(2) The
council may, in addition to an order under subsection (1), make all or any of
the following orders:
(a) that
the registered practitioner pay, for each allegation proved against the
registered practitioner, a penalty of not more than $1000 to the College,
within the time fixed by the order;
(b) that
the registered practitioner pay, in an amount and within the time fixed by the
council, all or a portion of any or all of the following:
(i) the costs of the investigation;
(ii) the costs of the proceedings before the investigating committee;
(iii) the costs of the proceedings before the council;
(c) that
the registered practitioner be suspended in default of paying any penalty or
costs ordered to be paid until the penalty or costs are paid.
(3) The
council may at any time direct that the execution of an order under subsection
(1) or (2) or any portion of the order be stayed on any terms and conditions
that the council in its discretion may impose, including imposition of restrictions
on the registered practitioner’s registration.
(4) When
the council has directed an order under subsection (1) or (2) or a portion of
the order be stayed, the council may, after hearing representations in regard
to it, at any time
(a) call
the registered practitioner before it and vacate its direction granting a stay
of the order or portion of the order, or
(b) terminate
its order under subsection (1) or (2).
(5) A
registered practitioner in respect of whom an order has been stayed as provided
in this section may continue to practise the registered practitioner’s
profession subject to the conditions and restrictions, if any, imposed on the
registered practitioner by the council.
(6) When the council has ordered that the
registered practitioner’s name be struck off the register, the council may at
any time order that the practitioner’s name be reinstated on the register but
no application for the reinstatement of a name to the register shall be
considered until one year from the date when the name was struck off the
register unless the applicant has complied to the satisfaction of the council
with any conditions prescribed by the council.
RSA 1980 cM‑12
s56;1996 c28 s29;1998 c21 s7
Striking name off
register
67(1) The council may, after a hearing, order the
registrar to strike off the register the name of any person who is proven to
the satisfaction of the council
(a) to
be improperly registered, or
(b) to
have procured registration by means of any false or fraudulent representation
or declaration, either oral or written.
(2) The provisions of this Part relating to
procedures for an investigating committee and appeal to the Court of Appeal
apply with all necessary modifications to a hearing held by the council
pursuant to this section.
RSA 1980 cM‑12 s57
Appeal
68(1) A registered practitioner who is subject to an
order of the council under this Part may, within 30 days after the date of the
service of the order on the registered practitioner or the registered
practitioner’s counsel or agent, appeal to the Court of Appeal.
(2) The
appeal shall be commenced by
(a) filing
a notice of appeal with the Registrar of the Court at Edmonton or Calgary, and
(b) serving
a copy of the notice of appeal on the registrar of the College,
within 30 days after
the date of service of the order on the registered practitioner, the registered
practitioner’s counsel or agent.
(3) The registered practitioner may, after
commencing the appeal and on notice to the registrar of the College, apply to
the council or to a judge of the Court of Queen’s Bench for an order suspending
the imposition of any punishment imposed by the council pending disposition of
the appeal.
RSA 1980 cM‑12 s58
Material in an appeal
69(1) The appeal is to be founded on a copy of the
report of the committee, a copy of the record, a copy of the findings and
order, if any, of the council and a copy of the evidence, if any, received by
the council, all of which shall be certified by the registrar.
(2) The registrar, on being paid the sum of $25 together
with any disbursements and expenses in connection with it, shall on request
furnish to the appellant or to the appellant’s solicitor or agent the number of
copies of the documents mentioned in subsection (1) so requested but not
exceeding 9 in any case.
RSA 1980 cM‑12 s59
Procedure in appeal
70 The procedure in an appeal shall, with all
necessary modifications, be the same as that provided in the Alberta Rules of Court for appeals from
a judgment of a judge of the Court of Queen’s Bench to the Court of Appeal.
RSA 1980 cM‑12 s60
Court’s powers on appeal
71(1) The Court, on hearing the appeal, may
(a) make
any other findings that in its opinion ought to have been made,
(b) quash
or confirm the finding that the practitioner has been guilty of unbecoming
conduct or is incapable or unfit to practise medicine or osteopathy,
(c) confirm
or vary the punishment imposed or order a different punishment, or
(d) refer
the matter back to the council for further consideration by it.
(2) The Court may make any award as to costs that
it considers just in the circumstances.
RSA 1980 cM‑12 s61
Practice prohibited
72(1) When, pursuant to this Part,
(a) the
name of a person is struck off the register, or
(b) a
registered practitioner is under suspension,
the person or
registered practitioner shall not practise medicine or osteopathy under this
Act or be directly or indirectly associated in practice with any registered
practitioner.
(2) No
registered practitioner shall be associated in the practice of medicine or
osteopathy directly or indirectly
(a) with
a person whose name is struck off the register or with a registered
practitioner who is under suspension, or
(b) with
any person who is not a registered practitioner or a professional medical
assistant.
(3) Any person who contravenes subsection (1) or
(2) is guilty of unbecoming conduct.
RSA 1980 cM‑12 s62
Failure to comply with
conditions of registration
73 A registered practitioner who fails to comply
with the conditions imposed by the council pursuant to section 26 is guilty of
unbecoming conduct.
RSA 1980 cM‑12 s63
Part 5
Professional Corporations
Practice by corporation
74(1) Notwithstanding anything in this Act, a
corporation to which a permit is issued under this Part may practise medicine
in its own name.
(2) Notwithstanding subsection (1), no corporation
may be enrolled as a registered practitioner.
RSA 1980 cM‑12 s64
Permit
75(1) The registrar shall issue a permit to any
corporation that fulfils the following conditions:
(a) files
an application in the form prescribed by the council;
(b) pays
all the fees prescribed by the council;
(c) satisfies
the registrar that it is a company limited by shares that is in good standing
with the Registrar of Companies under the Companies
Act or that it is in good standing with the Registrar as defined in the Business Corporations Act;
(d) satisfies
the registrar that the company, by law or by virtue of its incorporating
documents, has the capacity to carry on the business and exercise the powers
set out in the Schedule to this Act;
(e) satisfies
the registrar that the name of the company is in accordance with the bylaws of
the council and contains the words “Professional Corporation”;
(f) satisfies
the registrar that the legal and beneficial ownership of all the issued shares
of the company is vested in one or more registered practitioners and that all
of the directors of the company are registered practitioners;
(g) satisfies
the registrar that the persons who will carry on the practice of medicine on
behalf of the company are registered practitioners.
(2) A
permit expires on December 31 of the year for which it was issued.
(3) A
permit may be revoked or its renewal withheld by the council when any of the
conditions specified in subsection (1) no longer continue to exist.
(4) For the purposes of subsection (1)(g), the
practice of a registered practitioner shall not be deemed to be carried on by
clerks, secretaries, nurses and other assistants employed by the corporation to
perform services that are not usually and ordinarily considered by law, custom
and practice to be services that may be performed only by a registered
practitioner.
RSA 1980 cM‑12
s65;1981 cB‑15 s284(17);1983 c42 s4
Termination of permit
76 If a professional corporation ceases to fulfil
any condition specified in section 75 by reason only of
(a) the
death of a registered practitioner,
(b) the
striking off or other removal from the register of the name of a registered
practitioner, or
(c) the
suspension of a registered practitioner by the College,
who is a shareholder of the corporation, the professional
corporation has a period of 90 days from the date of death, striking off or
other removal or the suspension, as the case may be, in which to fulfil the
condition failing which the permit is automatically terminated effective on the
expiration of the 90‑day period without the necessity of an order of the
council.
RSA 1980 cM‑12 s66
Liability of
shareholders and employees
77(1) Notwithstanding anything to the contrary in the
Companies Act or the Business Corporations Act, every person
who is a shareholder
(a) of
a corporation during the time that it is the holder of a permit, or
(b) of
a corporation during the time that it acts in contravention of section 86(1),
is liable to the same
extent and in the same manner as if the shareholders of the corporation were
during that time carrying on the business of the corporation as a partnership
or, where there is only one shareholder, as an individual practising medicine.
(2) The liability of a person in carrying on the
practice of medicine is not affected by the fact that the practice of medicine
is carried on by the person as an employee and on behalf of a professional
corporation.
RSA 1980 cM‑12
s67;1981 cB‑15 s284(17)
Voting agreements with
non‑members prohibited
78 No shareholder of a professional corporation
shall enter into a voting trust agreement, proxy or any other type of agreement
vesting in another person who is not a registered practitioner the authority to
exercise the voting rights attached to any or all of the shareholder’s shares.
RSA 1980 cM‑12 s68
Application of Act and
bylaws
79 The relationship of a registered practitioner to
a professional corporation, whether as shareholder, director, officer or
employee, does not affect, modify or diminish the application to the registered
practitioner of the provisions of this Act and the bylaws.
RSA 1980 cM‑12 s69
Preservation of doctor‑patient
relationship
80(1) Nothing in section 74 affects, modifies or
limits any law applicable to the confidential or ethical relationships between
a registered practitioner and a person receiving the professional services of a
registered practitioner.
(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 law relating to the confidential and ethical
relationships between a registered practitioner and the registered
practitioner’s patient.
(3) All rights and obligations pertaining to
communications made to or information received by, a registered practitioner
apply to the shareholders, directors, officers and employees of a professional
corporation.
RSA 1980 cM‑12 s70
Application of Act and
rules
81 All of the provisions of Parts 4, 6 and 7 and
the bylaws under those Parts that are applicable to members of the College
apply with all necessary modifications to a professional corporation under this
Part unless otherwise expressly provided in this Act.
RSA 1980 cM‑12 s71
Discipline proceedings
82(1) References in this Act to the suspension of a
member are, in the case of a professional corporation, deemed references to the
suspension of the permit of the professional corporation, and references in
this Act to striking the name of a registered practitioner from the register
are, in the case of a professional corporation, deemed references to revocation
of the permit of the corporation.
(2) All
shareholders, directors, officers and employees of a professional corporation
whose conduct is being investigated are compellable witnesses in any
proceedings under Part 4.
(3) When
a professional corporation has been found guilty by the council under Part 4 of
unbecoming conduct, the council may
(a) revoke
the permit of the corporation,
(b) suspend
for a stated period of time the permit of the corporation, or
(c) reprimand
the corporation.
(4) In
addition to acting under subsection (3) to suspend a professional corporation’s
permit or to reprimand a professional corporation, the council may
(a) order
the professional corporation to pay for each offence of which it is found
guilty, a penalty of not more than $1000 to the College, within the time fixed
by the order,
(b) order
the professional corporation to pay the costs of the investigation in an amount
and within the time fixed by the council, and
(c) suspend the permit of the corporation in
default of paying any penalty or costs ordered to be paid until such time as
the penalty or costs are paid.
RSA 1980 cM‑12 s72
Right to sue
83 A corporation may sue for fees for services
performed on its behalf and in its name by a person in the person’s capacity as
a registered practitioner at any time after the services are performed, if the
services were performed during the time that the corporation was the holder of
a subsisting permit.
RSA 1980 cM‑12 s73
Bylaws
84 The council may make bylaws
(a) prescribing
the manner of proof as to matters required to be proven by applicants for
permits;
(b) providing
that the permit of a professional corporation is suspended without notice or
investigation on contravention of any bylaw that requires the corporation to
pay a fee or assessment, file a document or do any other act by a specified or
ascertainable date, and providing for the reinstatement of a permit so
suspended;
(c) providing
for the reinstatement or reissuance of any permit suspended or revoked pursuant
to an order of the council under section 82 and prescribing the terms and
conditions on which reinstatement or reissuance of a permit may be granted;
(d) providing
for the creation and maintenance of a register of professional corporations and
requiring the filing of periodic returns by the corporations;
(e) providing
for the annual renewal of permits and prescribing the terms and conditions on
which renewals may be granted;
(f) prescribing
the types of names by which
(i) a professional corporation,
(ii) a partnership of 2 or more professional corporations, or
(iii) a partnership of one or more professional corporations and one or
more individual practitioners,
may
be known.
RSA 1980 cM‑12
s74;1998 c21 s8
Transitional
85 In any provision of an Act of the Legislature or
any regulation, rule, order or bylaw made under an Act of the Legislature
enacted or made before, at or after the commencement of this section, a
reference to a person authorized to carry on the practice of medicine, whether
referred to as a registered practitioner, physician or any like words or
expressions implying legal recognition of a person as being entitled to
practise medicine, shall be read as including a professional corporation unless
otherwise expressly provided.
RSA 1980 cM‑12 s75
Part 6
Offences
Penalty for practice by
non‑registered person
86(1) Subject to the provisions of any Act entitling
a person to practise any science, therapy or system of practice, a person is
guilty of an offence who
(a) not
being a registered practitioner, either directly or indirectly practises or
professes to practise medicine or osteopathy, or
(b) being
registered in respect of one class of practice, practises in respect of a class
in respect of which the person is not registered.
(2) Subsection
(1) does not apply to a professional corporation.
(3) This
section does not apply to a student enrolled at a university or post‑secondary
institution in Alberta in a course leading to certification as a professional
medical assistant while engaged in practical training in connection with that
course.
(4) Notwithstanding
subsection (1), a person registered in the Educational Register may practise
medicine, surgery and midwifery for the purpose of training but only in a
hospital or with an ambulance service approved by the hospital or in any other
facility utilized for the training of persons registered under section 25 but
the hospital, ambulance service or other facility must first be approved by the
council.
(5) With respect to the practice of midwifery,
subsection (1) applies only to the territory included within the limits of a
city, town or village having a resident registered practitioner in midwifery in
it.
RSA 1980 cM‑12
s76;RSA 1980 cH‑5.1 s37
Persons deemed to
practise
87(1) A person shall be held to practise within the
meaning of section 86 who
(a) by
advertisement, sign or statement of any kind alleges ability or willingness to
diagnose or treat any human disease, illness, deformity, defect or injury,
(b) advertises
or claims ability or willingness to prescribe or administer any drug, medicine
or treatment,
(c) either
(i) prescribes or administers any treatment,
(ii) performs any operation or manipulation, or
(iii) applies any apparatus or appliance,
for the prevention,
alleviation or cure of any human disease, ailment, deformity, defect or injury,
or
(d) acts
as the agent, assistant or associate of any person, firm or corporation in the
practice of medicine as set out in clauses (a), (b) and (c).
(2) Nothing in this Act prevents the advertisement
or sale to the public of any drug as defined in the Pharmaceutical Profession Act.
RSA 1980 cM‑12 s77;1988
cP‑7.1 s104
Exceptions
88(1) Nothing in this Act prevents a person who is
not registered in any register under this Act from giving necessary medical or
surgical aid in times of urgent need if the aid is given without hire, gain or
hope of reward.
(2) Nothing in this Act applies to or affects the
practice of any profession or calling by a person practising it under authority
of a general or special Act of the Legislature.
RSA 1980 cM‑12 s78
Specialist recognition
89(1) No registered practitioner shall advertise or
hold out to the public that the registered practitioner is a specialist or is
specially qualified in any branch of any class or system of practice without
having received from the registrar a certificate indicating the registered practitioner’s
compliance with all conditions precedent to qualification or fitness to
practise that may be prescribed by the council.
(2) The
council may make bylaws prescribing the conditions precedent to qualification
or fitness for certification as a specialist that the council considers
advisable.
(3) A person who contravenes subsection (1) is
guilty of an offence.
RSA 1980 cM‑12 s79
Fines
90(1) A person guilty of an offence under section 86
or 89 is liable
(a) for
a first offence to a fine of not more than $1000 and in default of payment to
imprisonment for a term of not more than 3 months, and
(b) for
a 2nd or subsequent offence to
(i) a fine of not less than $500 nor more than $2000, and in default
of payment to imprisonment for a term of not more than 6 months,
(ii) imprisonment for a term of not more than 6 months without the
option of a fine, or
(iii) both a fine and imprisonment.
(2) A contravention of section 86 or 89 is
unbecoming conduct.
RSA 1980 cM‑12 s80
Penalty for
misrepresentation
91(1) A person
(a) who
wilfully or falsely pretends to be a physician, doctor of medicine, medical
surgeon or general practitioner,
(b) who,
not being registered in Part 1 of the Alberta Medical Register or in the
Courtesy Register or Educational Register, appends to the person’s name or
holds himself or herself out to the public by any title or description of
services containing the word “physician”, either alone or in combination with
any other word or words, or
(c) who
assumes any title, addition or description implying that the person is a
physician, doctor of medicine, medical surgeon or general practitioner, other
than one the person actually possesses and is legally entitled
to,
is guilty of an
offence and liable to a fine not exceeding $500.
(2) This section does not apply to a professional
corporation.
RSA 1980 cM‑12 s81
Use of title
92(1) No person or persons shall trade or carry on
business within Alberta under any name or title containing the words
“Professional Corporation” or the abbreviation “P.C.” unless that person or
those persons are incorporated as a company and the company holds a subsisting
permit, or unless otherwise expressly authorized by statute.
(2) A person who contravenes subsection (1) is
guilty of an offence and liable to a fine not exceeding $25 for every day on
which that name or title has been used.
RSA 1980 cM‑12 s82
Penalty for using name,
etc.
93(1) A person not registered under this Act who
takes or uses any name, title, addition or description implying or calculated
to lead people to infer
(a) that
the person is registered under this Act, or
(b) that
the person is legally entitled to practise medicine or osteopathy when the
person is not a registered practitioner,
is guilty of an
offence and liable to a fine of not less than $50 and not more than $500.
(2) This section does not apply to a professional
corporation.
RSA 1980 cM‑12 s83
Commencement of
prosecution
94 A prosecution under this Part may be commenced
at any time within 12 months after the commission of the alleged offence, but
not afterwards.
RSA 1980 cM‑12 s85
Part 7
General
Medical register
95(1) The registrar shall from time to time under the
direction of the council
(a) print
and publish a correct register of registered practitioners in alphabetical
order according to surnames, and
(b) issue
yearly afterwards between the issues of the register, if the register is not
published yearly, an addendum to the register containing particulars of the
persons registered under this Act since the day of the last publication of the
register.
(2) A
copy of the register for the time being purported to be so printed and
published shall be admitted in evidence as proof, in the absence of evidence to
the contrary, that the persons specified in it are registered according to the
provisions of this Act, and subject to subsection (3), the absence of the name
of a person from the copy and from the last addendum shall be admitted in
evidence as proof, in the absence of evidence to the contrary, that that person
is not registered according to the provisions of this Act.
(3) If the name of a person does not appear in the
copy of the register or in the last addendum, a certified copy under the hand
of the registrar of the entry of the name of that person on the register or
addendum shall be admitted in evidence as proof, in the absence of evidence to
the contrary, that that person is registered under this Act.
RSA 1980 cM‑12 s86
Evidence of registration
96(1) When proof of registration under this Act is
required,
(a) a
printed copy of the register, or
(b) an
extract from or addendum to the register certified by the registrar,
is admissible in
evidence instead of the original register.
(2) A
certificate purporting to be signed by a person in the person’s capacity as
registrar and bearing the seal of the College shall be admitted in evidence
without proof of the signature of the registrar or of the registrar’s
appointment.
(3) When
(a) proof
that a person is registered under this Act and that the person is not under
suspension is required to validate a witness’s evidence, and
(b) a
copy of the register or of an addendum to it or extract from it certified by
the registrar is not available and the production of the original register is
not feasible without prejudicial delay to the case or the parties interested,
the evidence of the person under oath claiming that the
person is a registered practitioner and that the person is not under suspension
shall be admitted in evidence as proof, in the absence of evidence to the contrary,
of those facts.
RSA 1980 cM‑12 s87
Protection from
liability
97(1) No action lies against any of the following in
respect of anything done in good faith pursuant to this Act, the bylaws or any
direction of the council:
(a) the
College or a person who is or was an officer, employee or agent of the College;
(b) a
person who conducts an investigation under Part 4;
(c) the
council or a person who is or was a member of the council or a member of a
committee established by or under this Act;
(d) a
person who acts on the instructions of, or under the supervision of, a person
referred to in clauses (a) to (c).
(2) No
action for defamation may be founded on a communication regarding the conduct
of a registered practitioner if the communication is published to or by a
person within any of the classes of person enumerated in subsection (1), in
good faith and in the course of any proceedings under this Act or the bylaws
relating to that conduct.
(3) Subsections
(1) and (2) do not operate to restrict or abrogate any immunity or protection
that is otherwise provided by law to a person within any of the classes of
person enumerated in subsection (1) or to any other person.
(4) Notwithstanding any other Act or law, no person
who is or was within any of the classes of person enumerated in subsection (1)
shall be required in any proceedings, other than proceedings under this Act or
the bylaws or a prosecution under Part 6, to give evidence relating to any
matter that arose in any proceedings under this Act or the bylaws, or to
produce any record or thing adduced in evidence in proceedings under this Act
or the bylaws or forming part of the records of the College that relate to the
conduct of a registered practitioner.
1998 c21 s9
Evidence
98 A certificate purporting to be signed by the
registrar and stating that a named corporation was or was not, on a specified
day or during a specified period, a professional corporation according to the
records of the College, shall be admitted in evidence as proof, in the absence
of evidence to the contrary, of the facts stated in it without proof of the
registrar’s appointment or signature.
RSA 1980 cM‑12 s88
Right to practise
99 A registered practitioner whose registration
under this Act is not under suspension is entitled to practise in Alberta in
any class of practice in respect of which the registered practitioner is
registered.
RSA 1980 cM‑12 s89
Municipal licence
100 No municipality has the power to require
(a) a
registered practitioner to obtain a licence from the municipality to practise
medicine or to carry on practice as a registered practitioner, or
(b) a professional corporation to obtain a
licence from the municipality to practise medicine.
RSA 1980 cM‑12 s90
Notice to the public
101 Unless an appeal is taken to the Court of Appeal
under this Act,
(a) if
the name of a registered practitioner is struck off the register,
(b) if
a registered practitioner is suspended, or
(c) if
a registered practitioner has conditions or restrictions imposed on the registered
practitioner’s registration,
the council may give notice of the removal, suspension or
imposition of conditions or restrictions to any persons, institutions or bodies
that may appear desirable in the public interest.
RSA 1980 cM‑12 s91
Appointment in public
service
102(1) No person
(a) who
is not registered in Part 1 of the Alberta Medical Register, or
(b) who,
though registered, is under suspension,
may be appointed as a
medical officer in a hospital or in a charitable institution.
(2) A person may only be appointed as a medical
officer in any hospital or charitable institution in the class of practice in
respect of which the person is registered.
RSA 1980 cM‑12 s92
Assessment of medical
facilities
103(1) This section applies with respect to all
diagnostic and treatment facilities in which services are performed by
registered practitioners in Alberta except those which are operated by the
federal, provincial or municipal governments and those facilities that are
approved hospitals under the Hospitals
Act.
(2) The
council may appoint a Medical Facility Assessment Committee that may, on behalf
of the council, investigate and inspect the ownership and operation of
diagnostic and treatment facilities and the financial arrangements pertaining
to them.
(3) The
council may make bylaws as to all matters pertaining to the establishment and
operation of diagnostic and treatment facilities to ensure that the procedures
and standards of care set by the council for the protection of the public are
carried out in the diagnostic and treatment facilities.
(4) If
the Medical Facility Assessment Committee reports to the council that a
diagnostic and treatment facility does not appear to meet the required
standards, the council shall consider the report and section 64 applies with
all necessary modifications.
(5) If
the council determines that the diagnostic and treatment facility does not meet
the required standards, the council may order that the diagnostic and treatment
facility forthwith cease operation until the standards are met.
(6) It
is unbecoming conduct for a medical practitioner to see or treat patients
(a) in
a surgical facility that is not designated as required under Part 2 of the Health Care Protection Act or that is
not approved by the council under the bylaws, or
(b) in any other diagnostic and treatment
facility that is not approved by the council under the bylaws.
RSA 1980 cM‑12
s93;2000 cH‑3.3 s34
Religious beliefs
104 Nothing in this Act applies to or affects those
who practise the religious tenets of their church without pretending a
knowledge of medicine or osteopathy.
RSA 1980 cM‑12 s94
Legal assistance
105 The council and any committee appointed pursuant
to this Act may, for the execution of their duties under this Act, engage at the
expense of the College any legal or other assistance that it considers
necessary.
RSA 1980 cM‑12 s95
Returns
106 The registrar, whenever required by the
Minister, shall transmit to the Minister a certified return under the seal of
the College, setting out any information and particulars relating to the
College that may from time to time be required.
RSA 1980 cM‑12 s96
Bylaws re fees
107 The council may make bylaws governing
fees
(a) for
any type of registration and annual fee under this Act or the bylaws;
(b) payable
by professional corporations to the College for the issuance of permits and
annual permits;
(c) payable
for accreditation of, as annual fees for, or for inspections of diagnostic and
treatment facilities;
(d) payable
by a registered practitioner
(i) for certification as a specialist by the council under this Act
or the bylaws, or
(ii) for approval of complementary therapies authorized by the council
under the bylaws;
(e) for
late payment of any fee required to be made under the bylaws;
(f) for any review or service provided by the
council under this Act or the bylaws.
1998 c21 s10
