BILL 50

An Act to Amend An Act Respecting the New Brunswick Medical Society and the College of Physicians and Surgeons of New Brunswick

WHEREAS the College of Physicians and Surgeons of New Brunswick wishes to make certain amendments to the Medical Act to require approval of the Minister of Health and Community Services before certain regulations or provisions of regulations enacted under the Act are effective and to make other incidental amendments;

AND WHEREAS the College of Physicians and Surgeons of New Brunswick prays that it be enacted as hereinafter set forth;

THEREFORE, Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1Subsection 7(6) of the Act is repealed and the following substituted:

7(6)A certificate purporting to be signed by the Registrar stating that a certain regulation or provision of a regulation of the College was

(a)approved by the Minister of Health and Community Services under section 7.1, or

(b)on a specified day or during a specified period, a regulation or provision of a regulation of the College in full force and effect,

constitutes prima facie evidence of the facts stated in the certificate in any proceeding under this Act or the regulations, or in any court, without proof that the person who signed the certificate is the Registrar, or that it is his signature.

2The Act is amended by adding the following after section 7:

7.1(1)A regulation or provision of a regulation, or a regulation amending or replacing a regulation or provision of a regulation, made or enacted by the Council which

(a)provides for continuing medical education,

(b)establishes qualifications for registration of a person in the Medical Register, Medical Education Register, Medical Specialists Register, Regulated Licenses Register or Osteopathic Register, or

(c)deals with or relates to conflict of interest,

is not effective until approved by the Minister of Health and Community Services.

7.1(2)For the purposes of subsection (1), "conflict of interest" means a conflict of interest resulting from

(a)the member or associate member being a member of a board, committee or other body of the College, a hospital or government agency having decision making authority or acting in an advisory capacity with respect to matters that may benefit the member or associate member, directly or indirectly; in their practice of medicine;

(b)the member or associate member receiving a financial or other benefit from their direct or indirect ownership of an interest in a commercial enterprise that provides a product or service that may be prescribed or recommended by them for a patient or in their practice of medicine; or

(c)the member or associate member receiving a financial or other benefit, directly or indirectly, in circumstances that may conflict with their professional responsibilities as a member, associate member or in their practice of medicine.

7.1(4)This section does not apply to the repeal or replacement of a regulation or a provision of a regulation resulting from a consolidation of a regulation or regulations.

3Section 41 of the Act is amended by striking out "The Pharmaceutical Act, 1958," in line 1 and substituting "The Pharmacy Act,"

4 Section 51 of the Act is amended:

(a)in paragraph (m) by striking out "The Chiropractic Act" and substituting "The Chiropractors Act, 1997";

(b)in paragraph (n) by striking out "The Pharmaceutical Act, 1958" and substituting "The Pharmacy Act".

5Paragraph 56(a) of the Act is amended by striking out "Narcotic Control Act, R.S.C. 1985, chapter N-1" and substituting "Controlled Drugs and Substances Act, R.S.C. 1996, chapter C-19".

6Section 56.2 of the French version of the Act is amended by striking out "Bureau de direction" wherever the words appear in subsections (1), (5), (6) and (7) and substituting "Comité de direction".

7Section 69 of the Act is amended by striking out "No action for damages" in line 1 and substituting "No action or other proceeding for damages or any other remedy".


Last Modified: 08:23am , February 12, 1998