Medical Act

58(1) Council shall maintain a standing committee which shall be known as the Review Committee.

58(2) The Committee shall be composed of

 

(a) one member of Council who shall be Chairman of the Committee;

 

(b) not less than two other members of the College; and

 

(c) not less than one other person who has never been a member or the College but may be a member of Council.

58(3) The President may appoint a person to replace a member of the Committee who is unable or unwilling to act with respect to any matter referred to the Committee and this person shall replace the member during all proceedings relating to the matter.

58(4) Three members of the Committee constitute a quorum for the transaction of the business of the Committee.

58(5) The Committee shall:

 

(a) consider and investigate any matter, whether or not a written complaint has been received, referred from the Complaints and Registration Committee, Council, or from the Registrar regarding the actions or conduct of any member or associate member of the College; and

 

(b) perform such other duties as may be assigned to it by Council. 

58(6) The Committee

 

(a) may make rules under which its investigation is to be held, and may do all things necessary to provide a full and proper investigation;

 

(b) shall consider the allegations, hear the evidence and ascertain the facts of each case in such manner as it deems fit; and

 

(c) may order the member or associate member to

 

(i) submit to physical or mental examinations by such qualified persons as the Committee designates;

 

(ii) submit to an inspection or audit of the practice of the member or associate member by such qualified persons as the Committee designates;

(iii) submit to such examinations as the Committee directs to determine whether the member or associate member is competent to practise medicine;

 

(iv) produce records and accounts kept with respect to the member’s or associate member‘s practice including records, accounts and information submitted by the member or associate member to the Minister of Health under the Medical Services Payment Act.

58(7) Where the member or associate member fails to comply with any order under paragraph (6)(c), the Committee may suspend or restrict the licence of the member or associate member until the member or associate member complies.

58(8) No member, associate member or any other person shall conceal or withhold from the Committee or destroy anything that may be relevant to its investigation.

58(9) The provisions in this section require a member, associate member or any other person to produce documents or things notwithstanding any provision in any other Act or law relating to the confidentiality of medical, hospital or health records.

58(10) The Committee may require any other member or associate member to produce any records, documents and things in his or her possession or under his or her control that may be relevant to an investigation regarding the actions or conduct of a member or associate member of the College.

58(11) Where a member or associate member fails to comply with subsection (10) the Committee may suspend or restrict the licence of that member or associate member until the member or associate member complies.

58(12) The Committee

(a) may recommend to Council that no further action be taken;

(a.1) may recommend that the member or associate member be counselled, cautioned or censured;

 (b) may recommend to Council that a Board of Inquiry be appointed to consider the complaint or complaints, in whole or in part, or any other allegations, issues or information that arose during the course of their investigation, and the recommendation is deemed to be a complaint for all purposes of this Act; or

(c) subject to the member or associate member’s agreement that the Committee has jurisdiction to do so, may find that the member or associate member is guilty of professional misconduct or is an incapacitated or unfit member or associate member and may make such recommendations to Council in regard to such as it considers appropriate, in accordance with the objects of this Act.

58(13) Upon the Committee reporting to Council, the Registrar shall cause to be served upon the member or associate member and the complainant, a copy of the findings and recommendations of the Committee.

58(14) Where the Committee has found a member or associate member to be guilty of professional misconduct or has found that a member or associate member is an incapacitated or unfit member, Council may, upon the expiry of thirty days after service of the findings and recommendations of the Committee, adopt the recommendations of the Committee, or may make such other order as Council considers just.

58(15) The Registrar shall cause to be served on the member or associated member, a copy of the order of Council.

58(16) The order of Council has effect immediately on the service thereof on the member or associate member, or from such time as the order may direct, but The Court of Appeal of New Brunswick or judge thereof may stay the order upon good cause being shown pending an appeal of the order, or such further hearing as may be ordered by The Court of Appeal of New Brunswick.

58(17) Nothing precludes the Committee from reconsidering any findings or recommendation made by it, and the Committee may, on its own motion or on a request by the member, associate member or Council or any other person having an interest in the findings or recommendation, reconsider any findings or recommendations made by it and vary or revoke any findings or recommendation made by it.