Medical Act

52.1(1) In this section,

"Court" means The Court of Queen's Bench of New Brunswick;

"patient records" includes all documents, charts, laboratory specimens, x-rays, photographic film, or any other form of record including video and sound recordings, and information recorded or stored by means of any device, including the device or equipment used to store or record the information relating to the patients of a member or associate member including financial and accounting records.

52.1(2) Where
(a) a member or associate member

(i) dies, disappears, is incarcerated, leaves the Province, or surrenders his licence or specialist's licence,

(ii) is struck off a register or is the subject of suspension of licence or specialist's licence,

(iii) has been found to be an incapacitated or unfit member, or

(iv) neglects the practice of medicine, and

(b) adequate provision has not been made for the protection for his patients' interests,

the College may, on the Preliminary Motion, with or without notice as the Court directs, request the Court to appoint a Custodian to take possession of the patient records for the member or associate member.

52.1(3) A Custodian appointed under subsection (2) shall:
(a) hold, protect and properly dispose of all patient records taken into custody; and

(b) distribute the patient records, as may be appropriate, to the physicians of the patients concerned, the duly appointed representatives of the patients, or the patients themselves.
52.1(4) In an Order made under subsection (2), or in a subsequent Order made on the application of the College or the Custodian, with or without notice as the Court directs, the Court may:
(a) authorize the Custodian to employ professional assistance to carry out his duties;
(b) direct any Sheriff to seize, remove and place in the possession of the Custodian patient records;

(c) where there are reasonable grounds to believe that any patient records may be found in any premises, safety deposit box, or other receptacle, direct the Sheriff to enter the premises or open the safety deposit box or other receptacle;

(d) direct the owner of any premises, or person in possession of any premises, or any bank or other depository of patient records to deal with, hold, deliver, or dispose of such patient records as the Court directs;

(e) give directions to the Custodian as to the disposition of patient records;

(f) make provision for the remuneration, disbursements and indemnification of the Custodian in the course of his duties;

(g) make provision for the discharge of a Custodian either before or after completion of the responsibilities imposed upon him by any Order made under this section; and

(h) give such further directions as the Court considers are required in the circumstances.
52.1(5) The Custodian may give such notice in writing to patients, physicians, or the general public, as may be appropriate, that the Custodian has possession of the patient records of a member or associate member.

52.1(6) The Custodian shall be under no obligation to maintain copies of any patient records distributed in accordance with paragraph (3)(b), and the written acknowledgement of receipt of records by the physician of the patient concerned, the duly appointed representative of the patient concerned, or the patient himself, shall discharge the Custodian of his responsibilities in respect of those records.

52.1(7) Subject to any Order of the Court, when the Custodian has distributed all patient records, or where one year has passed from the date of the Court Order appointing the Custodian, whichever is the earlier date, the Custodian shall report to the Council of the College, which may discharge the Custodian, or make any Order it deems appropriate regarding any patient records remaining in the hands of the Custodian , in the respect of those patient records affected.

52.1(8) The Court, upon the application of the College made either ex parte or on such notice as the Court directs, may remove a Custodian from office, and, if deemed expedient, appoint another Custodian in his place, and may include in such Order such further directions as are required in the circumstances.

52.1(9) A member or associate member in respect of whom an Order has been made under this section may, after giving notice to the College and to the Custodian, apply to the court to vary or set aside an Order made under this section and to direct the Custodian to place all or part of the patient records back into the possession of the member or associate member upon such terms as may be just.

52.1(10) The court may give directions as to service of any notice required or Order made under this section.

52.1(11) No action for damages lies against the College, the Council, or any committee, member, officer or employee of the College for anything done or omitted to be done in good faith under this section, or against a Custodian or any other person action in good faith pursuant to this section or any Order issued under this section.

52.1(12) This section applies with all necessary modifications to former members and former associate members of the College.