Medical Act
Section 3
3. In this Part, unless the context otherwise require,
"associate member" means a person who holds a license and is registered in the Medical Education Register or Corporations Register,
"Board" and "Board of Inquiry" means Board of Inquiry appointed under section 59;
"complaint" means any allegation made, issue raised or information provided, by and 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, associate member or professional corporation; or the present or former employees of a member, associate member or professional corporation;
"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;
"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, orand 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;
(b) the diagnosis, treatent or care of individuals who are injured, sick, disabled or infirm,
"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;
"license" 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 Regulated Licenses Register, or on the Medical Education Register under paragraph 32(3)(c);
"member" means a person who is registered in the Medical Register, Regulated Licenses Register or Osteopathic Register and holds a licence;
"osteopathic practitioner" means a person who is registered in the Osteopathic Register;
"osteopathic Register" means the register kept pursuant to subsection 29(1);
"Peer Assessment Committee" means the committee established pursuant to subsections 62.1(2) or (3);
"practice of medicine" includes the practice of medicine and surgery and the specialties and subspecialties of medicine and surgery;
"prescribed" means prescribed by regulations under this Act;
"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, Regulated Licenses Register, Osteopathic Register, and Corporations Register as the context may require;
"registered" means registered under this Act;
"registered mail" includes certified mail;
"Registrar" means the person holding the office of Registrar under section 19;
"Regulated Licenses Register" means the register kept pursuant to subsection 28.1(1);
"Review Committee" means the committee maintained under section 58;
"specialist's license" means a license issued under section 30; and
"sexual abuse" includes
(a) sexual intercourse or any other form of physical sexual relations between the member and the patient,but does not include touching, behaviours or remarks of a clinical nature appropriate to the service provided;
(b) touching, of sexual nature or in a sexual manner, of the patient by the member, and
(c) behavious or remarks of a sexual nature by the member towards a patient,
"unfit member" means a 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 that he no longer be permitted to practice, or that his license to practice be suspended or subjected to conditions, limitations or restrictions.