Medical Act
Section 58
58(2) The Committee shall be composed of
(a) one member of Council who shall be Chairman of the Committee;58(3) Council 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.
(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(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 complaint regarding the actions or conduct of any member of the College;58(7) The Committee
(b) consider and investigate any complaint regarding the incapacity or fitness to practice of any member of the College;
(b.1) consider and investigate any complaint referred to the Committee by the Complaints and Registrations Committee; and
(c) perform such other duties as may be assigned to it by Council.
(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;58(7.1) If a member or person fails to produce, or to assist the Committee in accessing, the documents or things referred to in subparagraph (7)(c)(iii) within several days of the Committee's request for the documents or things, the Committee may apply ex parte to a judge of the Court of Queen's Bench of New Brunswick for an order directing the member or person to produce to the Committee, or to assist the Committee in accessing, the documents or things in his possession or under his control and the judge shall issue the order requested or the order he considers appropriate in the circumstances.
(b) shall consider the allegations, hear the evidence and ascertain the facts of each case in such manner as it deems fit; and
(c) in case of a complaint,(i) may require the member to submit to physical or mental examination by such qualified persons as the Committee designates, and if the member fails to submit to such examinations the Committee may recommend to Council that his licence, or specialist's licence, or both, be suspended until he does so;
(ii) may require the member to undergo such clinical or other examinations as the Committee designates to determine whether the member has adequate skill and knowledge to practise medicine, and if the member fails to undergo such examinations the Committee may recommend the Council that his licence or specialist's licence, or both, be suspended until he does so; and
(iii) may require the member concerned and any other member or person to produce to the Committee, or to assist the Committee in accessing, any books, records, papers, accounts and other documents or things in the member's or person's possession or control, and may require the member or person to produce copies of the documents, and if a member fails to produce, or to assist the Committee in accessing, the documents, copies or things the Committee may recommend to Council that the member's licence or specialist's licence, or both, be revoked.
58(7.2) No member or person shall conceal or withhold from the Committee or destroy anything that may be relevant to its investigation.
58(7.3) The provisions in this section requiring a member or person to produce documents or things apply notwithstanding any provision in any other Act or law relating to the confidentiality of medical, hospital or health records.
58(8) The Committee
(a) may recommend that no further action be taken;58(9) When making recommendations to Council pursuant to paragraphs (c) or (d) of subsection (8), the Committee may recommend a fine or other penalty in lieu thereof, or any combination of the penalties which are set out therein, or the Committee may make such other recommendations as it considers appropriate, in accordance with the objects of this Act.
(b) may recommend that a board of Inquiry be appointed to consider that 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 the Act; 1996
(c) may find that the member is guilty of professional misconduct and recommend that(i) the licence or specialist's licence, or both, of the member be revoked, and that his name be stricken from the registers in which it is entered;(c.1) if the Committee considers a complaint or complaints arising out of more than one incident and finds that all of the complaints or incidents have not been proven, may recommend to Council that the member pay a portion of the costs of the Council in accordance with section 60 that the Committee considers appropriate in the circumstances;
(ii) the licence or specialist's licence, or both, of the member be suspended(A) for a fixed period; or(iii) conditions, limitations or restrictions be imposed on the licence or specialist's licence, or both, of the member;
(B) for an indefinite period until the occurrence of some specified future event;
(iv) such fine as the Committee considers appropriate, to a maximum of ten thousand dollars, be paid by the member to the College;
(v) the member be reprimanded;
(vi) the imposition of a penalty be suspended or postponed for such period and upon such terms as the Committee considers appropriate; or
(vii) the member pay all or part of the costs of the Council in accordance with paragraph (c.1) and section 60;
(d) find that the member is an incapacitated or unfit member and recommend that(i) the licence or specialist's licence, or both, of the member be revoked and that his name be stricken from the registers in which it is entered;(e) shall report its findings and recommendations in writing to Council.
(ii) the licence or specialist's licence, or both, of the member be suspended(A) for a fixed period; or(iii) conditions, limitations or restrictions be imposed on the licence or specialist's licence, or both, of the member;
(B) for an indefinite period until the occurrence of some specified future event;
(iii.a) the final order of Council be suspended or postponed for such period and upon terms as the Committee considers appropriate; or
(iv) the member undergo such treatment or re-education as the Committee considers necessary; and
58(10) Upon the Committee reporting to Council, the Registrar shall cause to be served upon the member and the complainant, a copy of the findings and recommendations of the Committee.
58(11) The member and the complainant may, within fifteen days after the service of the findings and recommendations of the Committee, request Council that a Board of inquiry be established to hear and determine the matter complained of, or any part thereof.
58(12) Where the Committee has found a member to be guilty of a professional misconduct or has found that a 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(12.1) Notwithstanding subsections (11) and (12), where the Committee has found a member to be guilty of a professional misconduct, or has found that a member is an incapacitated or unfit member, the complainant and the member may waive the fifteen day period in subsection (11), and Council may then deal with the matter pursuant to subsection (12).
58(13) The Registrar shall cause to be served on the member, a copy of the order of Council.
58(14) The order of the Council has effect immediately on the service thereof on the member, or from such time as the order may direct, but The Court of Appeal of New Brunswick or any 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(15) 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 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.