Medical Act

3.   In this Part, unless the context otherwise require,

"associate member" means a person who is registered on the Medical Education Register, the Corporations Register or the Physician Assistants Register and holds a licence;

"Board" and "Board of Inquiry" means Board of Inquiry appointed under section 59;

"complaint" means any allegation made, issue raised or information provided, by any body corporate, association, the Registrar, the Council, the Executive Committee, the Complaints and Registration Committee, the Review Committee or any other person regarding the conduct, actions, competence, character, fitness, health or ability of a present or former member or, associate member; or the present or former employees of a member, or associate member;

"Complaints and Registration Committee" means the Committee maintained under section 57;

"Corporations Register" means the register kept persuant to subsection 31(1);

"Council" means the Council of the College constituted under section 8;

"disciplinary matter" means any matter involving an allegation of professional misconduct or incapacity or unfitness to practise on the part of a member of associate member;

“enabling certificate” Repealed: 1997, c.71, s.4.

"Executive Committee" means the committee established under section 21.1;

"health professional" means a person who provides a service related to

(a) the preservation or improvement of the health of individuals, or
(b) the diagnosis, treatent or care of individuals who are injured, sick, disabled or infirm,
and who is regulated under a private Act of the Legislature with respect to the provision of the service and includes a social worker registered under the New Brunswick Association of Social Workers Act, 1988;

"hospital" means a hospital as defined in the Public Hospitals Act;

"incapacitated member" means a member of associate member suffering from a physical or mental condition or disorder, emotional disturbance, or the abuse of alcohol, drugs or other substance to the extent that it is desirable in the interests of the public, or the member or associate member, that he no longer be permitted to practise, or that his practice be suspended or subject to conditions, limitations or restrictions;

"licence" means a valid and subsisting licence issued under this part, and "licensed" has a corresponding meaning;

"medical education register" means the register kept pursuant to subsection 32(1);

"medical practitioner" means a person who is registered in the Medical Register or on the Medical Education Register under paragraph 32(3)(c);

“medical student” Repealed: 1997, c.71, s.4.

"member" means a person who is registered in the Medical Register, and holds a licence;

“osteopathic practictioner”Repealed: 2009, c. ?, s.1

“Osteopathic Register" Repealed: 2009, c.?, s.1

"Peer Assessment Committee" means the committee established pursuant to subsections 62.1(2) or (3);

"practice of medicine" includes the practice of medicine, surgery, and osteopathic medicine and the specialties and subspecialties thereof;

“prescribed” Repealed: 2009, c.?, s.1

"professional corporation" means a corporation which is registered in the Corporations Register;

"professional misconduct" means conduct unbecoming a member or associate member in his practice and includes, without limiting the generality of the term, sexual abuse, failure to report sexual abuse under section 52.2, the matters referred to in section 56, and breach of subsection 62.1(7), as well as any other act or omission defined by regulation to constitute professional misconduct;

"register" includes the Medical Register, Medical Education Register, Medical Specialists Register, and Corporations Register, as the context may require;

"registered" means registered under this Act;

"registered mail" includes certified mail and prepaid mail or prepaid courier pursuant to Rules 18.03(3), 18.03(4) and 18.03(5) of the Rules of Court;

"Registrar" means the person holding the office of Registrar under section 19;

“Regulated Licenses Register” Repealed: 2009, c. ?, s.1

"Review Committee" means the committee maintained under section 58;

"sexual abuse" includes

(a) sexual intercourse or any other form of physical sexual relations between the member or associate member and the patient, 

(b) touching, of sexual nature or in a sexual manner, of the patient by the member or associate member, and 

(c) behaviour or remarks of a sexual nature by the member or associate member towards a patient,

but does not include touching, behaviours or remarks of a clinical nature appropriate to the service provided;

"specialist's license" means a license issued under section 30; and

“Temporary Register” Repealed: 1989, c.45, s.1.

"unfit member" means a member or associate member who has demonstrated a lack of knowledge, skill or judgment, or disregard for the welfare of a patient, of a nature and extent making it desirable in the interests of the public or the member or associate member that he no longer be permitted to practise, or that his licence to practise be suspended or subjected to conditions, limitations or restrictions.